Res No 032-17-14833Resolution No. 032-17-14833
A Resolution relating to an application for waiver of plat for the subdivision of
property located at 5957 SW 80 Street.
WHEREAS, ICM 80 Street, LLC, owner of the parcel located at 5957 SW 80 Street,
submitted Application No. PB-16-030 requesting approval to subdivide the property via the Waiver
of Plat process; and
WHEREAS, the Waiver of Plat application requests a subdivision of said parcel into two (2)
buildable single-family lots in the Medium Lot Single Family Residential (RS-3) zoning district; and
WHEREAS, the Owner has submitted the attached conceptual site plan and a certified tree
survey (including canopy measurements) overlaid on the site plan that has been reviewed by the
Planning Board; and
WHEREAS, the lots created by the proposed plat are not in strict compliance in that the lot
frontages and lot sizes are smaller than the median of the surrounding area; however, they are in
compliance with the dimensional requirements for both the minimum lot size and frontage for the
RS-3 zoning district; and
WHEREAS, at the December 13, 2016 public hearing of the Planning Board, the Board was
deadlocked on the application and consequently transmits it with a "No Comment" recommendation;
and
WHEREAS, the City Commission desires to approve the Waiver of Plat with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The recitals set forth in this resolution are true, they are supported by competent
substantial evidence and they are incorporated into this resolution by reference.
Section 2: The subject application, No. PB-16-030, that was submitted by the applicant, ICM
80 Street, LLC, requesting approval of a proposed Waiver of Plat for the property legally described in
Section 3 below, pursuant to the Land Subdivision Regulations outlined in Ordinance #11-16-2244
and the attached conceptual site plan is hereby approved. This approval is subject to the following
terms and conditions as well as all applicable City ordinances, codes, rules and regulations:
1. The existing single family residence on the property 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
Res. No. 032-17-14833
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 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. Submittal of an owner's affidavit that there are no documents that provide restrictions,
reservations and/or covenants applicable to the parcel ofland being considered other"than
those that were submitted with the owner's application for a waiver of plat, tentative or
[mal 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;
8. 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
9. 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.
10. The height of any structure built on either parcel shall be limited to nineteen (19) feet as
measured from grade to the ridge if a sloped roof or top of parapet.
11. There will be no construction on holidays and weekends.
12. That there will be suppression of dust and that all tile are cut with a wet saw.
Section 3. Legal Description
THE EAST 113 OF THE NORTH 112 OF THE WEST 1/2 OF TRACT 7, LESS THE
NORTH 125' THEREOF, AND THE SOUTH 112 OF THE WEST 1/2 OF TRACT 7 LESS
THE WEST 150' THEREOF, OF REVISE PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 43, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
Page 2 of 3
Res. No. 032-17-14833
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 21 st day of, February ,2017.
APPROVED:
!~ftflvol4A
MAYO
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor: Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
1 A four fifths vote is required because the proposed lots are not as large as or larger than
surrounding area median.
This instrument prepared by, or Wlder the
supervision of:
Thomas F. Pepe, Esquire
PEPE & NEMlRE(re O, LLC
1450 Madruga Avenue , Ste 2 02
Coral Gables, Florida 33146
(305) 667-2564
and after recording, return to :
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
r IIlIU 11111 I1111 11111 ifill 11111 11111 1111111 1
CF N 20 1 7R0161960
OR BK 30~bb P9 S ~91 5-~919 (5P9S)
RE CORD £!) 0312312017 11=16:33
~:'IRV EV RUVHh (:LERK OF COURT
MIAMI -DADE COUNTY , FLO RIDA
(Reserve d for Clerk of Court)
'VAlVER OF PLAT COVENANT
KNOW ALL 'MEN BY THESE PRESENTS that the undersigned, ICM 80 Street,
LLC (the "Owner"), hereby makes, declares and imposes on t he lands herein described, this
Waiver of Plat Covenant (the "Covenant"), and the covenants runnin g with the title to the lands
contained herein, which shall be binding on Ov,'Tl ers and their heirs , successors and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by, through or
under them.
WHEREAS, Owner is the ovmer of that certain property within the City of South MianU,
a Florida municipal corporation (the "City "), located at 5957 SW 80th Street, SOUtll Miami. in
Miami-Dade County. Florida , more pruticularl y described all Exhibit" " (the "Property"); and
\VHEREAS, Owner. for themselves and on behalf of the ir s uccessors, heirs, and assigns,
requested a subdivision of said parcel into two (2) buildable sing le-family lots in the Medium
Lot Single-Family Residential (RS ~3) zoning district (the "Dev elopment"); and
\VHEREAS, Owner desires to enter into tlus Covenant in order 10 assure the City that
Owner, their heirs, successors or assigns, will co mpl y with the c o nditions of Resolution No. 032-
17-14833 approving an applic atiqn for waive r of plat for the .subdivision of property located at
5957 SW 80th Street.
NOW, THEREFORE, for valuable consideration. the rece ipt and sufficiency of which is
hereby acknowledged, the Owner hereby makes the representations set forth herein above and
herein below and agrees as follo ws:
1. The above recitals are true and COlTect and b y this refere nce are incorporated as i f
fully set forth in full herein .
2.
Section 36, Township 54, Range 40
Folio Number: 09-4036-039-0130
,heirs , successors and assigns, as applicable , shall be bound b y the terms, provisions and
conditions of this Covenant.
3 . For the Term o[this Covenant, Owner agrees and represents tha t:
(a) The existing single family residence on the property must be demolished
prior to the first building pennit being issued for the construction of the two (2)
new single family residences ;
(b) The building sites created by the proposed Waiver of Plat will be free of
encroachments from abutting buildable sites ;
(c) No constf\.lctiOll may exceed by more than four (4) percent the size oftl1e
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 ;
(d) A tree removal permit mu st be issued fo r the removal or relocation of any
tree on th.e property prior to the is suance of a demo lition pennit;
(e) 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;
(f) The owner and owner's architect shall take the necessary steps to pt'otect
the trees on the property th at 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 e x isting protected tree canopy
as reflected on the tree survey submitted with the Waiver of Plat application;
(g) Submittal of an owner's affidavit that there are no documents that
provide restrictions, reservations andioT covenants applicable to the parcel of
land being considered other than thos e that were submitted with the owner's
application for a waiver of pl at, tentative or final plat and that the parcel is free of
any declarations of restrictive covenants, lUuty of title, easements , or the like,
which would prevent the separation of the site;
(h) 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 the resolution, and from the root of title as defined by the Marketable
Record Title to Real Properties Ac t, nothing in the chain of title prevents or
serves as an exception to the div ision or change in the parcel's configuration as
requested;
M JAM15358461.1 82099 /48132 2
(i) There will be no weekend or holiday conslTuction on the propel1y .
CD Any construct jon-related dust will be controlled, and a wet saw will be
used when cutting tiles; and
(k) The homes shall not e xceed 19 ft . in height to the ridgeline of the
stmctures.
4. The provisions of this Covenant shall become effective upon its recordation in the
Public Records or Miami-Dade County, Florida. In the event it is necessary or desirable to re-
record, then at the option of the City imd if aUowed by law, this recorded Covenant may be re-
recorded by the City when necessary or required to maintain , uninteffilpled, the effectiveness of
this covenant mnning with the land during the entire tenn of this Covenant.
, .
5. This Covenant may be modified, amended , or released as to any portion of the
Property by the City Commission. Should this insmmlent be modified, amended , or released in
whole or in prot, the City Manager shall execute a written instmmeut in recordable form,
approved by the City Attorney, to be delivered to the Owner and recorded in the Public Records
of Miami-Dade County, Florida, effectuating and acknowledging such modification, amendment,
or release.
6. Invalidation of any of these covenants, in whole or in pmt, by judgment of court
shall not affect any of the other provisions of the covenants, or this Covenant in general, and all
of the unaffected provisions shall remain in full force and effect.
7. All rights; remedies and privileges gained herein shall be deemed to be
cumulative and the exercise of anyone or more shall neither be deemed ·to constitute an election
of remedies, nor shall it preclude the party ex ercising the same from exercising such other
additional rights, remedies or privileges as may be available to it.
8. This Covenant shall be recorded in the Public Records of Miami-Dade County.
Florida, at Owner's expense, No construction activities shall commence and no penn.its shall be
issued until tillS Covenant is recorded and W1til the Owners shall have delivered a certified copy
of this recorded Covenant to tile City Clerk.
9, This Covenant shall be binding on the Owners and each and e 'ery subsequent
owner as well as their beirs, successors and assigns, as applicable, and each shall be bound by the
terms, provisions and conditions of this Covenant.
MIAMI 5358461.182099/48132 3
•
..
Signed, witnessed , executed and acknowledged this f1 day of b:o( C,1L , 20a·
Witnessed by:
STATE OFFLOIUDA rr--..,.---':l
OJ !i1 ~ ~O UNTY OF '('(\ \0 yY\ CC\,l)t2
)
) SS:
}
OWNER:
::M~ prLOt~_~_..l..:2l~1I...ll4~-l=..!!<l..J~
Gabriel Balzola
Managing Member
ICM Home s, LLC
Owner of Ie 80 Street, LLC
~~~H ~ ; :-I The foregoing instrument was acknowledged before me this n. day of ~l-, 2017
e ~ ~ ~ by Gabriel Balzola, who is pe all lenD t or who present d
~ ~ ta l as identifi tion an bo did t e an oath, or affirmed, as to
::J ~ ~ 1 their acknow ledgement.
OX'" >-w
~
,~ ••• '~ f;1 "~~"."" :i-~ NOTARY S :.: , .. :! ~~'.~:~ l .... ~··· .. s'1. .. ~ .... 1 •••• ,,1' ~l
APPROVED AS TO FORM,
LANOUAGEAND
CORRECTNESS:
MlAM1535846Lt 8209914 8132
Notary Public, State of Florida
lA ~ 1-: Me
.. :.om Print Name
APPROVED :
City Manager
4
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EXHIBIT "A"
P roperty Legal Descripti on
OR BK 30466 PG 4919
LAST PAGE
The East 1/3 of the North 1/2 of the West 112 of Tract 7, less the North 125' thereof, and
the South 112 of the West 1/2 of Tf'dct 7 less the We t 150' thereof, of Revised Plat of a
Portion of th e Amended Plat of Palm Miami Heights, according to the Plat thereof, as
recorded in P lat Book 43. Page 37. of tbe Public Records of Miami-Dade County,
Florida .
MlAMl5358461.J 82099/48132 5
". '"," 0.'"
MIAMI-DADE COUNTY CLERK OF COURT
RECORDS DEPARTMENT
22 N.W. 1ST STREET
MIAMI, FL 33128
REF:
DATE: 312312017
TlME:11:16:33 AM
RECEIPT: 5425546
MARIA E BATISTA
ACCOlNT ,,: 0
ITEM -01 WAIVER
RECO: 3/23/2017 11:16:33 AM
FILE: 20170161960 BK/PG 0 30466/4915
Recording Fees 44.00
COPIES 5.00
CERTIFICATION
Subtotal
TOTAL DUE
. PAID TOTAL
PAID CHECK
ChecIc 112928:
REC BY: Bernice S
COUNTV RECORDER
51.00
2.00
$51.00
$51.00
$51.00
51.00
RECORDING RECEIPT
MIAMI-DADE COUNTY, FLORIDA
March 22, 2017
Bilzin Sumberg Attention: Maria Batista
1450 Brickell Avenue, 23rd Floor Phone Number: 305-350-7203
Miam~ FL33131
Mauer No. 48132
RECORDING FEES:
Waiver of Plat $ 44.00
Certified Copy Fee $ 7.00
~
q.
to
..
TOTAL $ 51.00
THE CI TY OF PLEASANT LIVING
CIT Y 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
Updated February 21,2017
SUBJECT:
A Resolution relating to an application for waiver of plat f or the subdivision of property
located at 5957 SW 80 Street.
BACKGROUND:
On October 10, 2016, an application for Waiver of Plat was filed i n order to re-plat the existing
single-family residential parcel located at 5957 SW 80 Street into two single family parcels (Lot
1 and Lot 2) as described below. The property currently has a one-story si ngle family residence
fronting SW 80t h Street with a swimming pool at the rear of the st r ucture.
REQUEST:
The applicant is requesting approval through the Wa iver of Plat process as provided in Land
Development Code (LDC) Section 20-4.2 and as amended by Ordinance #11-16-2244 (attachedL
to subdivide the above referenced property into two (2) parcels of land for the purpose of
constructing two (2) si ngle family residences .
ANALYSIS:
Located in the Low Density Residential (RS -3) zoning district, the intent of the proposed waiver
of plat application is to subdivide the parcel of land located at 5957 SW 80 Street into two (2)
single family residential parcels (Lot "1 /J and Lot "2 /J ). As shown in the table below, the two
5957 5W 80 Street -Waiver of Plat Application
February 21, 2017
Page 2 of7
proposed parcels at this location are consistent with the dimensional requirements for the RS-3
zoning district.
RS-3 Dimensional Requirements Chart
Minimum Parent Proposed Proposed
Required Tract Loti Lot 2
Lot Size (SF) 10,000 22,945 11,496 11,449
Frontage (Ft.) 75 155.17 80.17 75.00
Pursuant to the amended Subsection (B)(2)(a)(i),
The building site created by the proposed waiver of plat we!\1€r sf pl6t, tentative
or final plat, wi# should be equal to or larger than the mfJjsrity median of the
existing building sites SRd sf the 5sme 6hsf86ter 85 in the 9I:1,"'rSI:IRfliR§ 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
Area Loti Lot 2
Net Lot Areal 14,038.0 11,496 11,449 Buildable Site (SF)
Lot Frontage (Ft.) 101.695 80.17 75.00
When looking at the neighborhood surrounding the proposed subdivision, it was found that the
lot size and frontage of both of the proposed lots were less than the median of the surrounding
area. 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 requirements 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 Waiver of Plat AnalYSis, attached.
5957 SW 80 Street -Waiver of Plat Application
February 21, 2017
Page 3 of 7
Currently there is an existing single family residence on the property. Pursuant to Subsection
(B)(2)(b),
The building site created by the proposed waiver of plat VJsffver ef plet, 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 .'eRG
fleve/epFReRt Fegf:l!stisR:S 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 be in compliance with the above listed regulation, the existing single family
residence and other improvements must be demolished.
After review of the Boundary and Topographic Survey provided, it was found that the proposed
lots would be free of encroachments, in compliance with Subsection{B)(2)(c).
It is important to note that Lot 1, once subdivided, will be an irregularly shaped lot that arises
from irregularity in the original parcel. Pursuant to Subsection (B)(2)(g).
The building site or sites created by the proposed waiver of plat, tentative or final
plat cannot constitute an irregular parcel (one that has more than four (4)
corners or that has any curved or jagged lot line), unless the City Commission by a
four-fifths vote determines that the irregularity 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.
Based on the subsection listed above, City Commission approval of the irregular shaped lot will
be required.
The applicant has provided a conceptual site plan for both of the proposed lots that show
building footprints, setbacks, yard requirements and coverages. Originally, when this item was
reviewed by the Planning Board, the applicant was proposing two (2) single family residences
that would be two-stories in height. Since the meeting, the applicant has revised the
application, lowering the height of the structures to one-story. The majority of existing homes
in the immediate vicinity are one-story. When reviewed for compliance with Section 20-3.5{E)
of the LOC, the revised homes were found to be in compliance. By matching the height of a
majority of the surrounding area, the applicant has created a level of symmetry throughout the
neighborhood. When the homes are reviewed by the Environmental Review & Preservation
Board, they will also ensure that they comply with Subsection (B)(2)(e) as well.
5957 SW 80 Street -Waiver of Plat Application
February 21, 2017
Page4of7
The applicant has supplied staff with a certified tree disposition plan that includes canopy
measurements, signed and sealed by Laura Llerena of Laura Llerena & Associates. Furthermore,
the conceptual site plans that were provided for Lot 1 and Lot 2 detail the trees that would
need to be removed/relocated in order to accommodate the new structures. The following
trees listed below conflict with the proposed plans:
Lot 1
Total Number of Trees in Conflict: 14* [1,276 S.F. Canopy Removed (32%))
• 9 Veitchia Trees (Tree #6, #7, #8, #9, #22,
#23,#49,#50,#51)
• 1 Live Oak Tree (Tree #10)*
• 1 Sabal Palm Tree (Tree #11)
• 1 Live Oak Tree (Tree #12)*
• 1 Coconut Palm Tree (Tree #13)
• 1 Areca Palm Cluster Tree (Tree #48)
Lot 2
Total Number of Trees in Conflict: 14* [665 S.F. Canopy Removed (14%)]
• 3 Veitchia Trees (Tree #37, #38, #41) • 1 Citrus SSP Tree (Tree #45)
• 2 Sabal Palm Tree (Tree #3, #47) • 1 Mango Tree (Tree #44)
• 1 Umbrella Tree (Tree #27) • 1 Sabal Palm Tree (Tree #1)
• 1 Sapodilla Tree (Tree #36) • 1 Live Oak Tree (Tree #2)*
• 1 Fishtail Palm Cluster Tree (Tree #39) • 1 Traveler Tree (Tree #4)
• 1 Slash Pine Tree (Tree #40)
*NOTE: The applicant submitted a revised landscape plan on February 10, 2017 that indicates
these three trees will not be removed but will remain in place.
After review of the attached tree disposition plan, it was found that only one (1) of the affected
trees on Lot 2 (Tree #36) could be considered to be a specimen ~ree. However, after further
review, it was found that the subject tree is a non-native fruit tree. Pursuant to Section 20-
4.S(B)(46)(e) of the LDC, 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 are not considered to be specimen trees.
Pursuant to Subsection (B)(3)(a), the City Commission shall designate additional conditions
which will, in its opinion, assure that the proposed waiver of plat conforms to the following
requirements:
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.
5957 SW 80 Street -Waiver of Plat Application
February 7, 2017
Page 5 of7
The following trees are considered to be specimens and must be retained for at least six (6)
years:
Lot 1
Total Number of Specimen Trees required to Remain: 2
• 2 Live Oak Trees (Tree #52, #53)
Lot 2
Total Number of Specimen Trees required to Remain: 4
.2 Live Oak Trees (tree #32, #54)
• 1 Ficus Tree (Tree #29)
~ursuant to Subsection (B)(4)(c), a moratorium for the removal of any tree on the property is in
effect 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.
In order to be in compliance with the subsection listed above, the conceptual site plan was
reviewed by representatives of the Public Works Department. As indicated in the email dated
December 7, 2016 from Grizel Martinez, the conceptual site plan was acceptable and no
improvements were required. She also pOinted out that SW 80th Street is a road that is
maintained by Miami-Dade County, not the City of South Miami.
PLANNING BOARD ACTION:
Following a public hearing on the item on December 13, 2016, the Planning Board was
deadlocked with a 2-2 vote. Pursuant to Ordinance No. 34-16-2267, the item is transmitted to
the Commission with a "No Comment" recommendation.
STAFF RECOMMENDATION:
Staff recommends that the City Commission not approve the Waiver of Plat application. This
recommendation of denial is based on the uncharacteristically small lots that would be created.
However, should the Commission decide to permit the waiver, the approval should be subject
to the following terms and conditions as well as all applicable City ordinances, codes, rules and
regulations:
1. The existing single family residence on the property must be demolished prior to
the first building permit being issued for the construction of the two (2) new single
family residences;
5957 SW 80 Street -Waiver of Plat Application
February 21, 2017
Page 60f7
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 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 su rvey;
7. 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;
8. 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
9. 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.
Attachments:
• Draft Resolution
5957 SW 80 Street -Waiver of Plat Application
February 21, 2017
Page 7 of7
• Ordinance #11-16-2244
• Email from Grizel Martinez, dated December 7, 2016
• Application Package
• Letter from Jerry B. Proctor,Esq. dated January 27, 2017
• Revised Plans, February
• Excerpt of Planning Board Meeting Minutes
ORDINANCE NO. 11-16-2244
An Ordinance amending Section 20-4.2 of the City of South Miami's Land
DeveiopmeBt Code to add criteria for the City's approval of the subdivision of land,
indwling subdivision by a waiver of plat or through the process set forth in Chapter
28 of the Miami-Dade County Code.
WHE~, Section 20-4.2 of the City's Land Development Code provides for the process of
subdividing parcels ofland in the City of South Mi~i; and
WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of Chapter 28 of
the Miami-Dade CoWlty Code of Ordinances; and
WHEREAS, Miami-Dade COWlty 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 COWlty 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 recommended1hat 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 c~e 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 soum MIAMI, FLORIDA:
SectiOD 1. Section 20-4.2. "Land subdivision regulations," is hereby amended to read as follows:
20-4.2 Laud lubdivisioD regalafioos.
(A) Applicable Regulations. The subdivision of all land within the city shall be subject (0
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 ~6ity ~eommission may
waive platted lot compliance in accordance with section 28-4 of the County Code and the
procedures set forth below. No 101(s). plot(s) or parcel(s) ofland or building site(s) (collectively
referred to as "parcel of land" or "parcel" or "building site" for the pwpose ·of this section)
whether improved or unimproved. whether or not designated by number, letter or other
description in a plat of a subdivision. or unplatted. shall be further divided or SJllit. for any
pUlpose. whether immediate or future. including for the purpose of transfer of ownership or
development. unless first referred to the Planning and Zoning Board ("Planning Board") for its
recommendation. and thereafter reviewed and ;mproved by the City Commission. as provided in
this section.
Ord. No. 11-16-2244
(1) Wai"l8f' ef Plat A waiver ef plat may he appreved hy the Cit;y CemRlissies. Review and
Notice.
fa) Review. A property owner shall submit an aPl'lication for a waiver of plat. tentative
or final plat. on forms provided by the Planning Director for this purpose. for referral to
the Planning Board for their review and recommendation. and for review and ap,proval
by the City Commission in accordance with the reguirements and procedures set forth in
the Land Development Code. All applicants shall provide. as part of the application
process, co.pies of all docmnents 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 glication. and from the root of title as
defined by the Marketable Record Title to Real Prqperties Act, nothing in the chain of
title prevents or serves as an ex.ception to the division or change in the parcel" s
configuration as requested. PAe" lEI City C9IfIIII:issiea al'pF6'/ti, .e applieatiea fer ey
SylJrIF.'-isieB apPFElval sftall 8e fe>AeweEllJy the PIan.'1i&g Beard. The sahjeet Pf8PeRy
Mall 8e pestes teft (1 O~ days pFief te the PlamHBg BeaM f8\1i8\\' ef the Ilf:JPlieetiea, aa8
_lea _ee shall 8e pFEl'JiIleEl te aU fJfepeJty ewH8fS widHB a five hllMre8 ۤOO) feet
fadillS efthe S1lhjeet PfElpeJty'-
(b) Notice. At least ten (0) days prior to the City's Planning Board review of the
IWPlication for waiver of plat, tentative or final plat. the subject pro,pertv shall be posted
by the Planning DtlJl8I1ment with a notice of 1he date, time, place and pllIlJOse of the
Planning Board meeting. on the subject property, fronting all roadways that abut the
property, and published on the City's website as well as in a newSjJ8per 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 Cha,pter 28, andlor this section, notice of the date. time
and place of the CitY Commission meeting shall be posted and published (in the same
manner as required above for Ii Planning Board review). and provided by U.S. Mail to.
all property owners within five hwuired (500) feet of the perimeter of the subject
property.
(2) City Commission Findings. Prior to approving a waiver of plat ",'6i> .. er ef plat, tentative
or final plat, the ~ity Ceommission shall use the following guidelines:
(a) (i) The building site created by the proposed waiver of plat "1.vaiv8f efplat, tentative
or final plat will should be equal to or larger than the majerity median of the existing building
sites ell ef the same e~er as in the sSurrounding 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 Jots. within the same
zoning district and within frve hundred (500) feet from the exterior boundaries of the subject
property.
(ii) The city commission may. in its discretion. amove 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
a.pj>roved by four votes of the City Commission and provided that at least the minimum
reguirements of the Land Development Code are satisfied.
(iii) Lot area and street frontage calculations shall ex.clude abutting public rights-of,
Page 2 of5
Ord. No. 11-16-2244
(b) The building site created by the proposed waiver of plat waiver sf 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 lane ee ... elepmeat regHlatiElfis andlor 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 'Weh'er affllat. tentative
or final plat. will be free of encroachments from abutting bl:lildable building sites.
(d) The building site created by the proposed waiver of pia!. tentative or fmal plat, is free
of any declarations of restrictive covenants. unity of title. easements. or the like. which would
prevent the separatjon 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 inclu~e adding a
condition to the approval of the waiver of pIaL tentative plat or final plat. for landscape buffers, or
adjusting second story setbacks or building facades to reduce the visual impact.
(0 The building site{s). lot(s) or parcel(s) 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.
(g) The building site or sites created by the proposed waiver of plat. tentative or final plat
cannot constitute an irregular parcel (one that has more than four (4) comers or that has any
curved or jagged lot line). unless the City Commission by a four-fifths vote determines that the
irregularity 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 eQity sQommission shall HtaY-designate such additional
conditions in connection with a waiver of plat wai\'er af plat, tentative or final plat. as will, in its
opinion; assure that such waiver of plat wai .. 'er ef plat, tentative or fmal plat, will conform to the
feregeiBg 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.
(b) In their review and recommendations. the Planning Department and Planning Board
may recommend, and the City Conunission 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 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 pial tentative andlor fmal plat.
(4) Additional Application Requirements. As part of the required tentative or final plat or
waiver of plat "'lap,Ier ef plat application, applicants shall be required to submit a proposed
conceptual site plan fef the resaitiBg sliilEiiag pareels, an eKistmg treesl:IPley (m~ se i&emEieEi ifl
pffiPElH)' SI:IP"ey) ' .... ltielt shall ifteieate ~' Jlffiflaseel tree FefBs'.Ial sr releeatieB Be6essmy, ana, if
sa, the Bflflreflriate city BflplleatiElfi for tree reffie ... al sr releeatisH drawn to scale. and indicating
the follOWing information for the entire subject property to be subdivided:
Page 3 of5
Ord. No. 11-16-2244
(a) Building footprints.
Cb) Setbacks. yard requirements and easements.
For purposes of this section. a concqrtual site plan means a plan 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 building. 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 conce.ptual site plan shall be reviewed by the Planning Board and groved by
resolution of the City Commission under the provisions for Qpplica.tions requiring a
public bearing 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 survev 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 @PProval 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
. install¢.
(0) Creation of Authorized Building Sites.
(l) 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 apj,roval;
(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 necessaI)' 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 Wlconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Page 4 ofS
Ord. No. 11-16-2244
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
pans of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordil1aJ~ce shall become effective upon enactme.nt.
PASSED AND ENACTED this 2nd day of August, 2016.
AITEST: .-'
lSI Reading-03.1S.16
2uci Reading -05.1 7.16
rei D--d" 3. .runt mg -06.07.16
4th Reading -07.19.] 6
Sth Reading -08.02.16
Page 5 ofS
. .t\PPROVED:
ttflkl4a
COMMISSION VOTE: 4-]
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner E.dm.ond: Yea
Commissioner Harris: Yea.
Commissioner Liebman: Nay
City of South Miami
Plannmg & Zoning Department
City HaIl, 6130 Sunset Drive, South Miami, Florida 33]43
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application for Public Hearing before Planning Board & City Commission
Lot(s) _ Block
PB •
Applicant: 1tN\ ~ 'D~ Phone: 7'610 -537.-:,
Representative: ~f,e \
Phone: 7rlo-5-]"7-5066
7~ -537-Eth.
rchitectlEngineer: A' A -
V'I\O 4-1ffI'C. I
Phone:
I IS fHE APPLICANT. PlEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
.u..owner _Owner's Representative _Contract to purchase _Option to purchase _TenantJLessee
. PPUCATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
,PLEASE CHECK THE APPROPRIATE ITEM:
, Text Amendment to Loe _Variance
; _ Zoning Map Amendment _Special Use
: _ PUD Approval _Special Exception
_ PUD Major Change --p!her fN,iver of ~~ I
, ~tH!--~
'Briefly explain application and cite specific Code sectionS:
Section:_ Subsection:_ Page #: __ Amended Oale: __ _
PLEASE CHECK ALL THAT APPLY:
Letter of intent
_ Justifications for change
Statement of hardship
_ Proof of ownership or letter from owner
_ Power of attorney
_ Contract to purchase
_ Current survey (1 original sealed and
signed}1 reduced copy@ 11· x 17")
_ 15 copies of Site Plan and Floor Plans
24x 36",1 reduced copy@ 11" x 17"
Affidavit·Receipts attesting to mail
-notices sent
_ Maning labels (3 sets) and map
_ Required Fee(s)
The undersigned has read this completed ~plicatioD and represents that the infunnation and all submitted materials are true and
co tto. best of the applicant's knowledge and belief. ~ .
( . t1 WI r) (y01bfl£ r fnbn/g Cf /I I
s Signature and < .J Print Name ' Date
Upon receipt, ¥P'lications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulatioris. Applications found not in compliance win be rejected and returned to the applicant. .
OFFICE USE ONLY:
Date Filed, __ ~ __
Petition Required __
Date of PB Hearin9 _____ Date of Commission, ____ _
Petition Accepted. _____ _
Method of P . ent
_ .... _~!~~s.~~~ PI~'!'I.j~.I?~~J!.t_!Q.~~l!m!ing.PCJll$.le~1F9~~1.~g»..9!![4W!l~_$p.~a!.:u:~_~PP_1!~J1iQ.n.~CYiaed.4:.
30-2013.doc
Via Hand Dellverv
Ms. Jane Tompkins, AICP
Director
City of South Miami
Planning and Zoning Department
6130 Sunset Drive
South Miami, FL 33143
Re: Application for Waiver of Plat
Applicant: ICM 80 Street, LLC
CJ Bilzin Sumberg
Jeny B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor@bllzln.com
January 27, 2017
Property: 5957 SW 80 Street, City of South Miami
Folio No. 09-4036-039-0130
Dear Ms. Tompkins:
Our firm represents ICM 80 Street, LLC ("Applicanf'), owner of land with 155.17 feet of
frontage and 22,945 square feet of area on the north side of SW 80 Street, approximately 305
feet west of SW 59 Avenue in the City of South Miami (the "Property"). The Property is zoned
RS-3 which requires 75 feet of street frontage and 10,000 square feet of lot area (the "Zoning
Requirements").
The Applicant requests Waiver of Plat approval, pursuant to Section 20-4.2 of the Land
Development Code, to permit two lots on the Property. Each lot would have approximately 77.5
feet of frontage, in compliance with the Zoning ReqUirements. One lot would have 11,496
square feet and the second lot would have 11,449 square feet of lot area, also in compliance
with the Zoning Requirements. The two proposed lots are illustrated on the attached survey
prepared by Avifi6 & Associates, entitled "Boundary and Topographic Survey".
The Property is located in an area where numerous lots along SW 80 Street and SW 79
Street, and other lots in the immediate area, are the same general frontage and size and in
several cases smaller, than the two lots proposed on the Property. Examples include:
5989 SW 80 Street (directly adjacent to west) 75' frontage -10,409 square feet area. 11
5989 SW 80 Street, 1 lot removed to west -100' frontage. 11
MIAMI 5291767.1 82099/48132
Bilzin Sumbl'rg Baena Price & Axt'lrod LLP I 1(~50 Brickell A\'enue. nrd Floor, i\.li'lmi. Florida :H n 1-:J~5n
Tel 305.374.7581l I Fax j05.:i74.7593 I bilzin.('om
CJ Bilzin Sumberg
Ms. Jane Tompkins. AICP
January 27.2017
Page 2
SW 79 Street to northwest of Property -3 approved lots -10,150 square feet, 10,012
square feet, and 10,025 square feet.
6031-6061 and 6091 SW 79 Street -all 75' frontage, 10,800 square feet.
7911 SW 59 Avenue -77.25' frontage, 10,003 square feet.
7731 SW 60 Avenue -10,OBO square feet.
7720 SW 60 Avenue -10,080 square feet.
6171 SW 79 Street -10,311 square feet.
5970 SW 81 Street -75' frontage.
6030-6060-6090 SW 78 Street -all 75' frontage, 10,800 square feet of lot area.
In your consideration of this application, please note that the existing lot size of the
Property (22,945 square feet) is considerably higher than almost all lot sizes in the vicinity.
Single family residences on large lot sizes such as this overall Property for one home site result
in development of super-sized homes, exacerbate urban sprawl, and do not promote sound
planning principles. Section 163.3177(6)(a)(2)(h), Florida Statutes, requires that local
comprehensive plans must implement ''the discouragement of urban spraw". This appDcation
reverses a history of the Property of an oversized lot (over 100 percent In excess of Code
provisions for frontage and lot area) and implements the creation of lots that not only meet the
Zoning ReqUirements, but also fit compatibly into the neighborhood and foster sound planning.
On December 13, 2016, this application was heard by the Planning Board. The Board
deadlocked, 2-2, on a motion to deny the application. Following the hearing, the Applicant has
taken the unusual step of amending the plans proposed in conjunction with the application. In
doing so, the Applicant is reacting to comments made at the hearing and is complying with the
as-built character of the surrounding area and proposing two residences that will be of a
significantly lower scale than many new residences in the immediate area. The revised site and
landscape plans offer the following features:
(1) Each of the two residences is one story in height. This modification was
specifically made in reaction to testimony of an adjacent neighbor at the Planning Board
hearing.
(2) The rear (north) building setback to the adjacent residential area that fronts on
SW 79 Street is over 50 feet for each residence, where 25 feet is required by the Land
Development Code.
(3) The only specimen tree impacted by the site plan is the sapodil/a tree in the
northeast area of the easternmost proposed residence. That tree will be relocated as part of the
implementation of this development.
MIAMI 2273355.1 7618630855
Ms. Jane Tompkins. AICP
January 27. 2017
Page 3
C~ Bilzin Sumberg
(4) The westernmost proposed lot has a "jog" in boundary like along the rear (north)
proposed line; however, this "irregularity" existed prior to the Applicanfs purchase of the
Property.
In addition, please note that:
The above submittals. comply with the requirements of Ordinance No. 11-16-2244,
passed and adopted by the City Commission on August 2,2016 to regulate future lot divisions
in the City. The ApplicatiC?n complies with the following requirements of the Ordinance:
1. The proposed building sites comply with the statistical requirements of the City's
Land Development Code, Including lot width,lot area, building setbacks, and lot coverage.
2. There are no existing agreements of record affecting the Property that prevent
this proposed lot separation.
3. The scale of the proposed construction is compatible with the as-built and
permitted character of the surrounding area.
4. The development will comply with City regulations regarding the preservation of
tree canopy.
Thank you for your consideration of this application.
Sincerely,
~p~
11 Properties in the same block face along SW 80 Street.
C: Gabriel Balzola
Marcus lightfoot, City of South Miami
Javier F. Avili6, Esq.
MIAMI 2273355.1 7618630855
Lot Separation City of South Miami
5957 SW 80 Street
Address -Neighboring Properties Frontage (feet) Area (Sq. Ft.,
5989 SW 80th St., lot 1 75.00 10,409.00
5989 SW 80th St., lot 2 100.00 13,S79.00
*6001 SW SOth St., Lot 1 10,150.00
*6001 SW SOth St., Lot 2 10,012.00
*6001 SW 80th St., Lot 3 10,025.00
*6001 SW 80th St., Lot 4 12,039.00
*6001 SW 80th St., lot 5 14,499.00
6171 SW 79th St. 10,311.00
6101 79th SW St. 100.00 16,200.00
6110 SW 78th St. 125.00 18,500.00
6130 SW 79th St. 100.00 13,700.00
6131 SW 80th St. 100.00 14,000.00
6111 SW 80th st. 100.00 14,300.00
6110 SW 79th St. 100.00 13,700.00
5949 SW 79th St. 100.00 12,500.00
5915 SW 79th St, 100.00 12,500.00
5901 SW 79th St. 105.00 13,125.00
5961 SW 79th St. 150.00 21,600.00
5960 SW 7Sth St. 125.00 18,000.00
5980 SW 78th St. 100.00 14,000.00
5991 SW 79th St. 143.77 25,878.60
5990SW 7Sth St. 105.00 14,700.00
5940 SW 79th St. 153.00 21,267.00
5929 SW SOth St. 153.00 21,267.00
5907 SW SOth St. 152.00 27,056.00
7900 SW 59th Ave. 100.00 15,200.00
5990 SW 79th St. 101.67 14,132.13
59S0 SW 79th St. 101.72 14,139.08
5960 SW 79th St. 101.74 12,717.50
6080 SW 79th St. 100.00 13,700.00
6051 SW SOth St. 100.00 14,000.00
6041 SW 81st St. 132.05 18,222.90
6051 SW 81st St. 132.05 18,222.90
6021 SW 81st St. 100.06 13,808.28
6000 SW 80th St. 125.06 17,258.28
6120 5W 80th St. 128.00 17,664.00
6040 SW 80th St. 13,755.00
6001 SW 81st St. 125.06 17,258.28
6020 SW 80th St. 100.00 13,800.00
8100 SW 60th Ave. 92.41 11,551.25
8140 SW 60th Ave. 92.59 11,573.75
6040 SW 81st Ave. 14,675.00
"6050 SW Slst St. -Lot 1 97.57 15,615.41
* *6050 SW Slst 5t. -Lot 2 97.57 15,620.29
5910 SW 81st St. 100.00 14,300.00
Page 1 of 3
5970 SW 81st St.
5900 SW 80th St.
5910 SW 80th St.
5930 SW 80th St.
5950 SW BOth St.
5981 SW 81st St.
5931 SW 81st St.
5991 SW 81st St.
5911 SW 81st St.
5901 SW 81st St.
5961 SW 81st St.
5980 SW 80th St.
5990 SW 80th St.
6090 SW 78th St.
6060 SW 78th St.
6030 SW 78th St.
6000 SW 78th St.
6001 SW 79th St.
6031 SW 79th St.
6061 SW 79th St.
6091 SW 79th St.
5950 SW 81st St.
5930 SW 81st St.
810i SW 60th Ave., Lot 1
8101 SW 60th Ave., Lot 2
5885 SW 80th St.
7931 SW 59th Ave.
7911 SW 59th Ave.
5890 SW 80th St.
5891 SW 81st St.
7901 SW 59th Ave.
MEDIAN:
5957 SW 80th St. -Lot 1
5957 SW 80th St.· Lot 2
"'Approved bV Resolution ZOI-13-
14019 on 9/17/13
"''''Approved by City Commission-
September 20, 2016
Lot Separation City of South Miami
5957 SW 80 Street
75.00
101.73
101.73
101.73
101.73
101.73
101.73
126.73
101.73
101.73
101.07
75.00
75.00
75.00
105.16
105.16
75.00
75.00
75.00
100.00
100.00
101.73
101.73
122.75
101.73
80.17
75.00
Page 2 of3
13,875.00
14,038.74
14,038.74
14,038.74
14,038.74
14,038.74
14,038.74
17,488.74
14,038.74
14,038.74
13,947.66
14,038.00
17,388.00
10,800.00
10,800.00
10,800.00
15,143.04
15,143.04
10,800.00
10,800.00
10,800.00
14,693.00
14,693.00
12,716.00
10,953.00
12,800.00
12,800.00
10,003.00
14,038.74
14,038.74
15,712.00
14,038.74
11,496.00
11,449.00
DOC.#S054351
Lot Separation City of South Miami
5957 SW 80 Street
Page 3 of3
30SE I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
I SUNDAY FEBRlIAIY Il 1011
MlAMIHERAlDLOM
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public
Hearing(s) at it~ regular City Commission meeting scheduled for Tuesday. February 21, 2017, beginning at
7:00 p.m., in the City Commission Chambers. 6130 Sunset Drive. to consider the following item( s): :\
/ A Resolution relating to an app1ication for waiver of plat for the subdivision of property located at J
\5957 SW 80 Street.
A Resolution authorizing the City Manager to enter into a multi-year contract with Marlin Engineering,
Inc .. for general engineeling services on an as needed basis.
A Resolution relating to the rclc.ase of a Unity of Title, pursuant to Section 20-5. J 6(E) of the
Land Development Code, for the following properties: 7435 SW 61" Avenue (Folio 09-4036-027-0090).
6020-6022 S. Dixie Highway (Folio 09-4036-029-0 II 0). 6030 S. Dixie Highway (Folio 09-4036-027-0011)
and a pm'king lot on SW 61" Avenue (Folio 09-4036-030-0(10).
An Ordinance amending chapter SA and adding a new section SA-7 to the City's Code of Ordinances
for the purpose of regulating communication during certain phases of competitive solicitation and
to establish a "Cone of Silence".
An Ordinance amending the Land Development Code. Article VII, "Hometown District Overlay Ordinance",
Sections 20-7.2 and 20-7.5 and A1ticle Vill, "Transit-Oriented Development District". Sections 20-8.2 and
20-8.3 relating to the definition of "Story" and maximum building height.
ALL interested parties are invited to attend ,md will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez. CMC
City Clerk
Pursuant to F1llridll Statutes 2H6.1I1 os. the City hereby advi~es the public Ihal if a perslln decides til appeal any decision mude by this Board. Agency
ur Commissinn with respect III any mutteT c(Jn~ide .. ed .It ils meeting (lr hearing. he nT she will need a .recllrd IIf the pnlceedings. and Ihat tilr such
purpuse. affected persnn may need til ensure that it verbatim Tl!cunluf the prOl:ecdings is made which TeCllrd indude~ the testimlJny and eyidelll:e
upun which the appeal b til be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily excepl SalurOay. Sunday and
Legal Holidays
Miami. Miami·Dade Counly. Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned aulhority 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 flk/a Miami Review. a daily (except
Saturday. Sunday and Legal Holidays) newspaper.
published al Miami in Miami·Dade Counly. Flonda; that the
allached copy of advertisement. being a Legal Advertisement
of Notice in Ihe matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI· FEB. 21, 2017
in Ihe XXXX Court.
was published in said newspaper in the Issues of
02/10/2017
Affiant further says that the said Miam i Daily Business
Review is a newspaper published at Miami. in said
Mlaml·Dade County, Florida and that the said newspaper has
heretofore been conbnuously published In said Miami-Dade
County. Florida each day (except Saturday. Sunday and
Legal Holidays) and has been entered as second class mail
malter at the post office in Miami in said Mlami·Dade County.
Florida. for a period of one year next precedmg the first
publication of the attached copy of advertisement: and affiant
further says Ihat he or she has neither paid nor promised any
person. firm or corporabon any discount. rebate. commiSSion
or refund for th purpose of secunng this advertlsemenl for
(SEAL)
OCTELMA V FERBEYRE personally known to me
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami Florida will conduct Public Hearing(s) at its regular City Commission
meeti~g scheduled for Tuesday, February 21, 2017, beginning at 7:00 p.m.,
in the City Commi$sion Chambers, 6130 Sunset Drive, to consider the following
item(s):
. C' A 'Resolutlon relating to 'an application for 'waiver of plat for the'\
subdivision of property located at 5957 SW SO Street. )
A Resolution authorizing the City Manager to enter into a mUlti-year
contract with Marlin Engineering, Inc" for general engineering services
on an as needed basis,
A Resolution relating to the release of a Unity 01 Title, pursuant to
Section 20-5,16(E) of the Land Development Code, for the' following
properties: 7435 SW 61st Avenue (Folio 09-4036-027-0Q9~),. 602,0-6022
S. Dixie Highway (Folio 09-4036-029-(110), 6030 S, DIXJe Highway
(Folio 09-4036-027-0011) and a parking lot on SW 61st Avenue
(Folio 09-4036-030-0010).
An Ordinance amending chapter SA and adding a new section SA-7
to the City's Code of Ordinances for the purpose 01 regulating
communication during certain phases 01 competitive solicitation
and to establish a "Cone of Silence" •
An Ordinance amending the land Development Code, Article VII,
"Hometown District Overlay Ordinance", Sections 20-7.2 and 20-7.5
and Article VIII, 'Transit-Oriented Developl1)ent District', Sections
20-8.2 and 20-S.3 relating to the definition of 'Story" and maximum
building height.
ALl interested parties are invited to attend and will be heard,
For further information, please contact the .city Clerk's Office at:
305-663-6340,
Maria M, Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286,0105, the City hereby advises the public
that il a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record 01 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.
2/10 17 -15710000197327M
"
.-____ a. .,.cpucu ul'
HOW.um L Kl.JKP.a
9lO8 So. DadeIaad Boulmud
Salte508
MIamI, Florida 33156
FoUoNo:~30
CFN: 20150620746 BOOK 29792 PAGE 2248
DATE:0912512015 03:50:32 PM
DEED DOC 4,590.00
HARVEY RUVlN. CLERK OF COURT, MIA-OADE CTY
THIS WARRANTY DEED made this 1!I~y of September, 2015
between Beth A. Fox, fo:cmerly known as Beth Fox 80mke a slngle
WOlIIaIl 409 Wild oak: Circle, Longwood, FL." 32179 grantor., and
tOM 80 S~REET, LLC a 'Florida Limited Liability Company,14251 SN
42 Street Miami, FL., 33175, grantee·, witnesseth:
That the said grantor, for and in consideration of the sum
of ----TEN----($10.00)----Dollars, and other good and valuable
consid~ration to said grantor in hand paid by said grantee, the
receipt wbereof is hereby ~cknow1edqed; bas granted, bargained
and sold to ~aid grantee, and grantee's heirs end. assigns
forever, the following described land situate and being in the
County of Miami-Qade, State of flOridA to-wit:
The East 1/3 of the North 1/2 of the West 1/2 of Tract 7, less
the North 125' thereof, and the Soutb 1/2 of the West 1/2 of
Tract 7 less the West 150' thereof, of Revised Plat of a Portion
of the Amended Plat of Palm Miami Heights, according to the Plat
thereof, as recorded in Plat Book 43, Page 37, of the PUblic
ltec::orcls of Miaad-~de County, Florida.
SOBJECT TO: Conditions, restrictions, reservations,
limitations and easements of record, if any, applicable
zoning ordinances, taxes for the year 2015 and subsequent
years.
And the said 9cantor does hereby fully warrant the title to
RECORD AND RETURN TO:
ALEX D. SIRULNIK, ESQ.
ADS TITLE SERVICES, INC.
2199 Ponce De leon BlVd., Suite 301
Coral Gables, FL 33134
RE: Owner:
Property:
Folio:
OPINION OF TITLE
ICM 80 Street, LLC
5957 SW 80 Street, Miami, FL 33143
09-4036-039-0130
Please be advised that the undersigned has performed a title search and review of
instruments recorded in the Miami-Dade County Public Records with regards to the above
referenced property.
A. CHAIN OF TITLE
The scope of the title search was expanded to cover all instruments recorded between
the beginning of time and January 23, 2017. Said search revealed that on September
17, 2015, ICM 80 Street, LLC, a Florida limited liability company, acquired the parc~1 of
land described below:
The East 1/3 of the North 1/2 of the West 1/2 of Tract 7, less the North 125'
thereof, and the South 112 of the West 1/2 of Tract 7 less the West 150'
thereof, of Revised Plat of a Portion of the Amended Plat of Palm Miami
Heights, according to the Plat thereof. as recorded in Plat Book 43, Page 37,
of the Public Records of Miami-Dade County, Florida.
ICM 80 Street, LLC, a Florida'limited liability company ("ICM") obtained title to the parcel
from Beth A. Fox, formerly known as Beth Fox Bomke, a single woman, via a Warranty
Deed recorded on September 25, 2015, and filed in O.R. Book 29792, Page 2248 of the
Public Records of Miami-Dade County, Florida (See Exhibit "An).
ICM has held uninterrupted title to the above referenced property since.
This parcel is encumbered by a construction loan mortgage recorded in O,R. Book 29792,
Page 2250, of the Public Records of Miami-Dade County, Florida.
B. FILINGS & ENCUMBRANCES
Please note that on September 25, 2015, a construction loan mortgage from ICM to
London Financial Company, LLC, a Florida limited liability company in the amount of
$1,150,000.00 was executed against the subject property and recorded in O.R. Book
29792, Page 2250, of the Public Records of Miami-Dade County, Florida.
There are no other instruments or encumbrances affecting the subject property.
C. GENERAL EXCEPTIONS
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective date
Page 1 of 3
r
I
hereof but prior to the date the proposed insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2. Taxes and assessments for the year 2017 and subsequent years, which are not
yet due and payable.
3. Standard Exceptions:
A. Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land.
B. Rights or claims of parties in possession not shown by the public
records.
C. Any lien, or right to a lien, for services, labor, or materials heretofore
or hereafter furnished, imposed by law and not shown by the public
records.
D. Taxes or assessments which are not shown as existing liens in the
public records.
4. Any claim that any portion of the insured land is sovereign lands of the State of
Florida, including submerged, filled or artificially exposed lands accreted to such
land.
5. Any lien provid.ed by County Ordinance or by Chapter 159, Florida Statutes, in
favor of any city, town, village or port authority for unpaid service charges for
service by any water, sewer or gas system supplying the insured land.
D. SPECIAL EXCEPTIONS
6. Restrictions, covenants, conditions, easements and other matters as contained on
the Plat of Revised Plat of a Portion of the Amended Plat of Palm Miami Heights,
recorded in Plat Book 43, P~ge 37, of the Public Records of Miami-Dade County,
Florida.
7. Ordinance No. 16-91-1481, amending Ordinance No. 33-80-1092, recorded in·
Official Records Book 15153, Page 580. .
8. Affidavit Correcting Ordinance No. 33-80-1092, recorded in Official Records Book
15012, Page 1013.
9. Resolution No: 81-05-12060 recorded in Official Records Book 24235, Page 825;
Page 2 of 3
10. Bo~rd Order 08-20, of the Miami-Dade County Environmental Quality Control
Board, as recorded in Official Records Book 26390, Page 2808.
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in
the State of Florida. Based on title examination, the laws of the State of Florida and title
standards, I find no legal deficiencies in the title to said land except as noted herein. I
also did not find any document or instrument in the chain of title that would prohibit lot
separation.
If there are any questions concerning this title opinion, you may contact me at your
convenience.
Respectfully submitted this 2 nd day of February 2017.
GUSTAVO A. FERNANDEZ, PA
8y: __ ~ ____________________ _
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
GUSTAVO A. FERNANDEZ
8700 W. Flagler Street
Suite 270·
Miami, FL 33174
Tel.: (305) 567-2499
Fla. Bar No.: 194034
The foregoing instrument was acknowledged before me th is 2nd day of February 2017, by
Gustavo A. Fernandez, who is person~ known tome or has produced
, as identification. -----------------
A',. ... .: ... r.. . /~o'":"-x.~~~\ MARY MAGDALENO
\~ Jt.';} MY COMMISSION #FF149907 '·~~!~.!.'.1;'EXPIRES December 1, 2018
(~O~, 398-0153 FlcmCUINola'YSelVlcc.com
My Commission Expires:
Print Name
Page 3 of 3
/ ~
Florida Real E,neCiSiOns. Inc.
April 27, 2016
city of South Miami
planning and Zoning Division
6130 Sunset Drive
South Miami, Florida 33143
Re: Property Owners List
Within 500 feet of:
36 54 40
PALM MIAMI HEIGHTS REV PB 43-37
S1/2 OF W1/2 OF TR 7 LESS W150FT
& E1/3 OF N1/2 OF W1 /2 OF TR 7
LESS N125FT
16375 N.E. IS'" Avenue
Suite 300
Miami, FL 33162
(305) 757-6884
1,500 Weat Cypress Creek Rd.
Suite 409
Ft. Lauderdale, FL 33309
(954) 761·9003
12230 Forest Hill Blvd.
Suite 110-58
Wellington, FL 33414
(561)798-4423
WWW.FREDIFL.COM
This is to certify that the attached ownership list, map and
mailing labels* are a complete and accurate representation of the
real estate property and property owners within 500 feet of the
subject property listed above. This reflects the most current
records on file in the Miami-Dade County Tax Assessor's office.
Sincerely,
Maureen E. Hudson
MEH /ms
cc : Jerry B. Proctor, Esq.
BILZIN SUMBERG BAENA PRICE & AXELROD LL P
1450 Brickell Avenue, Suite 2300
Miami, Florida 33131-3456
*Duplicates removed .
6
D300 Il30I
(O~Ac..J (D.l.SALI
G290 02915
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065(] 0851
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ro.t'AtJ
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I ~ I I ~:I liiic I ..I., .~,~ f' ~I .~~ ~~, ' -I -1--; " .' .: .
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1°'" ., ,1,1
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I I
AFFIDAVIT OF JERRY PROCTOR
STA TE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority, duly authorized to take
acknowledgments and administer oaths, Jerry Proctor, who upon first being duly sworn and
cautioned, deposes and states:
I. My name is Jerry Proctor. I am a resident of Miami-Dade County, FIQrida. I am over
the age of 18. I am free from disabilities and impairments, both legal and physical,
which would prevent me from being able to testify truthfully. The matters set forth in
this affidavit are based upon my own personal knowledge and pledges.
2. I am the attorney representing ICM 80 Street, LLC, owner of property located on the
North side of SW 80 Street, approximately 305 feet west of SW 59 Avenue in the
City of South Miami, Florida (hereinafter the "Property").
3. On December 2, 2016, in accordance with City of South Miami requirements, I
mailed or caused to have mailed notices advising property owners within 500 feet of
the Property of the pending subdivision application at the City of South Miami
relating to the Property.
FURTHER AFFIANT SAYETH NAU~~
~ STATEOFFLORlDA )
) SS:
MIAMI-DADE COUNTY )
The foregoing instrument was acknowledged before me this :3--. day ot)2v.m~.£.t.. 2016, by
Jerry Proctor. He is personally known to me.
My Commission Expires:
'S;'"\ tr--f\ l &
MIAMI 5233587.1 82099/48132
Sign Name:
Print Name:
NOTARY PUBLIC
Serial No. (none, if blank): -1ie~::-M'lrco1j_mWr'1262
Page I of I
I\>
[NOTA RIA
285E I NEIGHBORS IIUNDAY JANUARY )91017
MIAMlIl fRA lD.cOM
FROM PAGE 245E
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Attention Business Owners
Mom and Pop Sm all Bu siness
Grant Program
L
For Miami-Dade County
Districl9
Grant Money Available!
Up 10 S5 ,OOO Per Business
Applicalions availabl e
February ',2017 through February 15, 20 17
PICK UP APPLICATIONS AT ,
Comm i&sioner Dennis C. Moss'S District OHlee
Attention: Dallas Manuel
Oi~lric:t Norlh Ol fleE-
10710 SW 211 SU(:"et. $"ule 20t
MliVlIl ;:::.. 33189
Phon!;! 305-23'1·4938
Or
Oj~t ric:1 Soul h OffIce
1634 NW 6 Avt'nue
FloridA City. f:"l330 34
PhOflC 30:-245-ol!20
Online February 1. 2017 at www.miamldade .gov/district09
There will be a mandatory workshop explaining the requirements held on.
February 16 , 2017 a t 6 :00 pm at:
South Dade R e g ional Library Auditorium
10750 SW 211'" SI. Miomi. FL 33189
Please be 0 n time!
ComplelAd ~p pli cahons wiH be ilccf>pted from Feb.1'I -Feb. 23 by 11 :00 I)m .
Hand delivet applicatIon to District Norlh Offi ce . 107 10 SW 2 11 St. Suile 206
No lale applications will be acceptedl
~or additional information contact Gloria Rice 305-756-0605
Neig hbors And Ne ighbo rs Assoc iation INANA)
Submit' original completed application with r equested d ocuments
We suggest you keep 8 co py t or !iou r records !
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1I0nilt. weet. poeac:. i'lld hl510 ry
dep,ct Ing woos Chevere.o; su(!'·
a p'oJeC1.ldenl,lie:d o.,ly a .. wor\:
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9 ua :,jb ot La:ll . An1t:II(t.-(ur,lIed
Ily Old, MellencJel he rst!lf a
(u:'an f:lI:DiIt(!at t: I h~ proJt:Cl.
Cllr;liI:!tl b\' Menpnrt(ll ol,d (Ol l.;b·
orato, Sergio Gamel . n'lanl~t'Sh
as an rs.su~ or Mel'lt.'nc1ez s PO~lsl
ArtISL> mil!J;WII~, iJ"tJ I), i ll
tlthilJitlr.tl al Slfonil clIH: Art n
Ilorl{!<t Some 01 Iht: 1(\'515 art:
h:lm Lill'" An'enc •. olher~ nol
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Tr-ercfof(! some of th~ artISts
dfi\Y. 01"1 "U·r.lory .. nd nper.l:f'IC~
of Ih(!11 own lount r .es and oeo·
pies ilnd others on !heu enc oun-
ters With cultures :ur~lun 10 their
own ilnd oth~ls ~(l1I on ifTlilg·
Inallon tltlO 1fT\i!igeS cot;nled
togflf,er "om fitm o;.n d ill' ",ld
hlela t ure. Th e project lJe c o m~ ,.
gfeill ~("I 01 commWllon anCl
emP<l thv. il cel e brat IOn of being
togethe l " tH· [xcerOled from
Arlist illle! Nove list Oaruel Maid-
m,m's pletl' o n hufflngton·
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a.m ·9 p m $SO and Upl Mlam,
f'"rtv Soah ~Ul IH'Lkell tid)' Uf.
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Pop Art:lt Fram ewo rks Pop Art
Ipillunng Mr Brainwash. lh'll\ksy
Hililing. Ind'ilnit _lC hlensl~f(l
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Woths 3~9t-Comnlodorc Plalil
SEE CALENDAR, 32SE
CITY OF SOl]TH M IAMI
COlJRTESY NOTICE
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1-·J,IIia :'vi \1""<0""1 . CiVIC
Cil) Clerk
MIAMI DAILY BUSINESS REViEW
Pubhslle(l Dally except Saturday. Sunday and
Legat HOhOays
Mia .... Miami-OaOe County, Ftorida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the UnderSig'lE!d authority personally appeared
MARiA MESA. who on oalh says thaI he or she is the LEGAL
CLERK. Legal NoHces of the Miami Daily BUSiness Review
flk}a Miami Review. a dally (excepl Saturday, Sunday and
Legal Holidays) newSpape,. published al Miami in Miami -Dade
Counly. Florida, lhal the allached copy of adver1lsemenl
being a Legal Adver1isemenl of NOlice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-FEB 7.2017
1'1 ,he XXXX Court.
was publIshed In said newspaper in the tssues of
0112712017
Affiant further says Ihal the said MiamI Daily Business
ReView IS a newspaper publiShed at MIami. In said
Miami-Dade Counly. Flonda and thai tile said newspaper has
heretofore been conlinuously Published in saId Mia:ni _ Dade
Counly. Flonda eech day (except Salurday. Sunday and
Legal Holidays) and has eeen enlered as second class mall
mailer a: Ihe post office tr. Miami in said MIami-Dade Counly.
Florida, f:>r a penod of one year next precedIng Ihe II's.
pubhcaliOI; 0\ the allaelled copy of adver1ise:nent. . and affianl
further says Ihat ~e or she has 'leither pai~ nor promised a:ly
person. firm or corporation any dtscount. rebale. commission
or refund fo.!,..Jl'l pur
Pllbhcatio -1I'i!he ~
(SEAL)
MARIA MESA personally known to me
con CIF'S@m1Ml MIItYfiI8
'1M@~CI! @F ~\IJ~&e HII£OOIIINI@
NOTICE IS HEREBV' given thai the City Commission of the City of South
Miami, Florida wHI CQnduct. Pub6c Hearing(s) at ils regular City Commission
meeting SCheduled fo~ .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 scheckita; ainel'Kling Ordinance 12-16-2245
to reduce stin photo and filming lees for SpeCial Events from the schedule.
A Resolution relating to a Special Use application to permit a General
Restaurant llse at 5958 S. DiXie Highway.
(
A ResolutIOn relaling 10 an application for waiver 01 plat lor the Subdivision~
Of property located at 5957 SW 80 Street. . )
A Resolution relating to an application lor waiyer of plal.for the subdivision
0' property localed at 6795 f!}N 74' street. .
ALL interested parties are invited to sHend and will be heard.
For further i'1formation, please contact the' City Clerk's Office at
305-663-6340.
Marla·M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that d a person daciCies to appeal any de~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 lhat for such
purpose, aHeeted person may need 10 ensure that a veri)atim record. of the
proceedings IS made which record includes the testimony and evidence
upon which Ihe appeal IS to be based.
1/27 17-86JOOOO192049M
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes
Tuesday, December 13, 2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that 0/1 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 oction, decision, recommendation of someone with the city, including the
city manoger, city attorney, department heads, city personnel, or members of the city commission or members oj
ony 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 representotive of 0
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 7:13 P.M.
II. Roll Call
Board Members Present Constituting a Quorum: Mr. Greiner (Chairman), Ms. Fischer (Vice-
Chairwoman), Dr. Philips, and Mr. Basu.
Board Members Absent: Ms. Glavey, Ms. Kahn & 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. Administrative Matters
None at this Time
IV. Public Hearings
1
1. PB-16-030
Applicant: ICM 80 Street, LLC
, A Resolution relating to an application for waiver of plat for the subdivision of property
located at 5957 SW 80 Street.
Applicant: Jerry Proctor (Legal Counsel)
Mr. Basu read the item into the record.
Mr. Lightfoot presented the PB-16-030 to the Board.
Mr. Proctor presented the project to the Board.
Dr. Philips asked the applicant a question about the map that he distributed that pertained to
the property located at 6001 SW 80 Street. Dr. Philips asked why the property wasn't taken into
account when the staff provided information shows it as a single lot. The applicant responded
that the property was recently subdivided into five (5) lots that front both SW 80 Street and SW
79 Street. Staff added that the five (5) properties were part of the 500 Ft. Median Analysis.
Mr. Basu asked how many Specimen trees will be impacted, of which staff stated that only one
(1). The impacted tree is scheduled to be relocated, not removed. Mr. Basu then asked about
the other trees on the property. Staff responded that both proposed lots will keep a majority of
the landscaping and tree mitigation will be required for their removal.
Dr. Philips asked why trees at the front of the property that do not impact the driveway are
being removed. The applicant stated that the trees do not have to be removed, and that they
will comply with the City's wishes for the trees.
Ms. Fischer asked if a Sapodilla tree is a native tree species, of which Mr. Basu stated that he
was not sure. She then asked if an arborist has reviewed the project. The applicant responded
that the project was reviewed by an arborist who has indicated that there isn't any likelihood
that the tree would not survive relocation.
Dr. Philips asked why the Umbrella tree has to be removed. Staff responded that the Umbrella
tree is considered to be an invasive tree species. Pursuant to Land Development Code (LDC)
regulations, all invasive species must be removed when the land will be the site of new single
family residences.
Mr. Greiner added that according to the University of Florida,. the Sapodilla tree is not native to
South Florida. It is of Mexican origin.
Mr. Greiner asked if the lot was not split, the maximum FAR for the property would be 10,300
square feet, of which Staff stated that the largest home could be 9,223 square feet, which is
consistent with Section 20-3.5(H) of the LDC and would be at an FAR of .402.
Ms. Fischer asked Staff about concurrency and the Level of Service (LOS) of the roads. Mrs.
Tompkins responded that single family and two-family dwellings on previously platted lots or as
part of waiver of plats are exempt from concurrency requirements, which can be found in
Section 20-4.1(8)(4) of the LDC. Mr. Proctor informed the Board that because this property is
part of the County's Urban Infill Area, the property is exempt from concurrency.
2
The Chairperson opened the floor to public comments on PB-16-030.
• Staff informed the Board that an email was received pertaining to the item. The Chair
requested that the email be read into the record by Staff.
• Email from Christian D. Keedy, dated December 13, 2016. -Oppose
• Raymond Fernandez -Oppose
• Art Davis -Oppose
The Chairperson closed the floor to public comments on PB-16-030.
Ms. Fischer stated that she lives on SW 80 Street and feels that her neighborhood has become
blighted from the amount of construction that has been going on. She then stated the LDC
protects the health and safety of the City. She then stated that future lots with smaller frontages
shouldn't become the standard for the City. The standard should be the median. Ms. Fischer
then read an excerpt and stated that there is nothing in Florida Statutes that state that the City
has to accept the lot split. In closing, she stated that she does not support this application.
Mr. Greiner stated that each of the homes is 81% less than the median, which historically is less
than what was typically approved by the Board in the past. If the property was not subdivided,
then it would be 163% larger than the median of the surrounding area and would allow a 9,000
square foot home could be built, which is not typical of the homes within the surrounding area.
Motion: Ms. Fischer moved to deny PB-16-030. The motion was seconded by Dr. Philips.
Vote: Yes 2, No 2 (Basu, Greiner)
Mr. Basu: No
Mr. Greiner: No
Ms. Fischer: Yes
Dr. Philips: Yes
The Board is deadlocked. Pursuant to Ordinance #34-16-2267, the item shall be transmitted
forthwith to the City Commission with a "No Comment" recommendation.
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
No New Business from the Board
3
The Chairperson closed the floor to public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Minutes of October 11, 2016:
Motion: Ms. Fischer moved to approve the meeting minutes as written. Mr. Greiner seconded
the motion.
Vote: Yes 4. No a (None)
Mr. Basu; Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Dr. Philips: Yes
VII. Future Meeting Date:
A) January 10, 2017 at 7:00 P.M.
VIII. Adjournment
Mr. Greiner adjourned the meeting at 8:09 P.M.
4
PB-16-030: Waiver !Jf Plat *?-nalysis
5957 SW 80 Street
Address Zoning District Lot Size (S.F.) Frontage (Ft.)
7910SW!;BCT RS-3 12,800.0 100.000
7930SW5SCT RS-3 12,800.0 100.000
7940SW!;BCT RS-3 12.BOO.0 100.000
5885SW BOST RS-3 12,BOO.0 100.000
7931 SW 59 AVE R5-3 12,800.0 100.000
7901 SW 59 AVE RS-3 15,712.0 122.750
7911 SW 59 AVE RS-3 10,003.0 77.250
7821 SW 59 AVE R5-3 12,SOO.0 100.000
7800 5W 59 AVE PR
59495W 795T R5-3 12.500.0 100.000
5915SW 79 ST RS·3 12,500.0 100.000
59S0SW 78 ST RS-3 14.000.0 100.000
5901 SW 79ST RS-3 13.125.0 105.000
5961 SW79 ST RS-3 21,600.0 150.000
S960SW 78 ST RS·3 lS.ooo.0 125.000
5991 SW79 ST R5-3 25,B7B.0 180.000
5990SW78 ST RS·3 14.132.0 101.670
7900 SW 59 AVE RS·3 15.200.0 100.000
5940SW79 ST R5-3 21,267.0 153.000
5929SW805T RS-3 21,267.0 153.000
5907SW80 ST RS-3 27,056.0 152.000
S9905W7951 R5-3 14,132.0 101.670
598oSW795T RS-3 14,139.0 101.720
5960SW 79 ST RS-3 12,717.0 101.740
5989 SW 805T R5-3 20,758.0 138.390
6OB05W795T RS-3 13,700.0 100.000
6051 SW 80 ST RS-3 14.000.0 100.000
6120SWBOST RS-3 13,755.0 100.000
6041SW 81 5T RS-3 18,222.0 138.000
6021 SW 81 ST RS-3 13,808.0 100.060
606OSW79ST RS-3 10.231.0 76.730
6030SW79ST RS-3 10,231.0 76.730
60005W795T RS-3 10,232.0 76.730
6021 SW 80 ST R5-3 15,819.0 109.710
6003 SW BO ST RS-3 17,380.0 120.500
6000 SW 80 ST RS-3 17,2S8.0 125.060
8100 SW 60 AVE RS-3 11,551.0 125.000
6040SW80 ST R5-3 13.677.0 100.000
6001 SW81 5T RS-3 17,25B.0 138.000
6020 SW 80 5T RS-3 13,800.0 100.000
5900SW80ST RS-3 14,038.0 101.730
S910SW Bl ST RS-3 14,300.0 100.000
5900SW81ST RS-3 14,300.0 100.000
5970SW 81 ST RS-3 13.875.0 75.000
5910SW80ST RS-3 14,038.0 101.730
59315W 81 ST RS-3 14,038.0 101.730
5930SW80ST RS-3 14,038.0 101.730
5950SW80 ST RS-3 14,038.0 101.730
5981 SW 815T RS-3 14,038.0 101.730
S991SW 81 ST RS-3 17,48B.0 126.730
5911SW 81 ST RS-3 14,038.0 101.730
5901SW 81 5T RS-3 14,038.0 101.730
5B90SW 80 ST R5-3 14,038.0 101.730
5961SW 8151 RS·3 13,947.0 101.070
59BOSW80ST RS-3 13,392.0 93.000
5990SW 80ST RS-3 15,863.0 110.000
5891SW81ST RS-3 14,038.0 101.730
5880SWBOST RS·3 14.038.0 101.730
60015W79ST RS-3 15,140.0 105.160
606OSW78ST RS-3 10,800.0 75.000
6030SW78ST RS-3 10.800.0 75.000
6oooSW7BST RS-3 15,143.0 105.000
6031 SW 79 ST RS-3 10,800.0 75.000
6061 SW79 ST RS-3 10,800.0 75.000
6091 SW 795T R5-3 10,800.0 75.000
5950SW 81 5T RS-3 14,693.0 103.460
5930 SW 81 ST RS-3 14,693.0 103.470
[!lSW60AVE RS-3 12,716.0 100.000
1 SW 60 AVE R5·3 10,953.00 85.230
Median Lot Size (S.F.): 14.03B.O
Median Frontange (Ft.): 101.695
• lot Size & Frontage Data derived from both Miami-Dade Property Appraiser & South Miami Florida Official Atlas
ICM 80th Street Lot Split
Properties North of 80th Street
9 5957 SW 80th St
6001 SW 80th St -Lot 1
6001 SW 80th St -Lot 2
6001 SW 80th St -Lot 3
9 6001 SW 80th St -Lot 4
6171 SW 79th St
9 5949 SW 79th St
9 5915 SW 79th St
9 5901 SW 79th St
9 5960 SW 79th St
6090 SW 78th St
6060 SW 78th St
6030 SW 78th St
9 5885 SW 80th St
9 7931 SW 59th Ave
7911 SW 59th Ave
5989 SW 80th St -Lot 1
9 5989 SW 80th St -Lot 2
Properties north of 80th street
that are 13879 sq ft or less .
Purple = 5957 SW 80th Street
Green = lots between 11,449
and 13,879 square feet
Yellow = lots under 11,449
square feet
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