1Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: May 15, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
A Resolution of the City Commission for the City of South Miami, encouraging the Miami-Dade County Board of
County Commissioners to condition the granting of a non-use variance to Mini Warehouse of Kendall LTD on
the applicant’s obtaining a non-use variance to allow non-connecting streets and “T” turn arounds within this
part of the Downtown Kendall Urban Center’s Edge sub-district and denying it access to and from SW 84th
Street. 3/5
(Commissioner Welsh)
Suggested Action:
Attachments:
Reso re Barricade at SW 67 Av to SW 84 St(2).docx
ApplicationandSupportingAffidavits.pdf
Final Recommendation PH Z17-150(1).pdf
Restrictive Covenant re 84th St barrier.pdf
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RESOLUTION NO. _________________________
A resolutionof the City Commission for the City of South Miami,
encouraging the Miami-Dade County Board of County Commissioners to
condition the granting of a non-use variance to Mini Warehouse of Kendall
LTDon the applicant’s obtaining a non-use variance toallow non-connecting
streets and “T” turn arounds within this part of the Downtown Kendall
Urban Center’s Edge sub-districtand denying it access to and from SW 84th
Street.
WHEREAS,Mini Warehouse of Kendall LTD(“Mini Warehouse”)has applied for a
non-use variances of zoning regulations and the deletion of past agreements (restrictive
covenants) to develop the property at 8395 SW 67 Avenuewith a mixed use building in the
Downtown Kendall Urban Center District; and
WHEREAS,to have the Downtown Kendall Urban Center District continue northward
on US1 until it abuts the City of South Miami is not supported by the evidence in the record; and
WHEREAS,the Mini Warehouseapplication indicates that existing uses to the south of
the subject property are duplexes and to the east are multi-family residences, the Property
Appraiser’s aerial map of the area shows that estate residential uses of the Snapper Creek Court
subdivision begin 170 feet to the south of the subject property, and the single family houses of
the Snapper Creek Groves subdivisionbegin 350 feet to the east of said property; and
WHEREAS,on page 2 of the final recommendation for Z17-150 prepared by the Miami
Dade Department of Regulatory and Economic Resources, Assistant Director Mr. Nathan Kogan
stated, “staff notes there is a barricade located on SW 84 St parallel to SW 67 Av.....It should be
noted that the barricade has been in existence for approximately 30 years, however no official
road closure is evidenced;”and
WHEREAS,Traffic Count Data taken Wednesday December 12, 1984 by the Highway
Division of the Department of Public works is in existence; and
WHEREAS,a letter from neighbor Ron and Elaine Neurhing to Dade County
Commissioner Clare Oesterle dated June 7, 1985 indicatedthatthe barrier was erected May 31,
1985; and
WHEREAS,a letter from Dade County Commissioner Clare Oesterle dated April 10,
1985 exists acknowledging the Neurhing’s work on the road closure and indicates proper steps
were taken to officially close the road; and
WHEREAS,abarricade blocking ingress and egress from S.W.67 Avenueonto S.W.84
Streethas been in existence forover33years, and appears to have been installed by Miami-Dade
County since it includes a sidewalk separating S.W. 67th Avenue from S.W. 84th Streetand the
sidewalk and the barrier has been effective at keeping trafficonS.W. 67 Avenuefrom entering
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Page 2 of 3
the adjacent residential neighborhoods to the east, which also include the “Snapper Creek” area
of the City of South Miami; and
WHEREAS,to the knowledge of the representative of the local residents, no additional
tragic deaths have occurred since the barricade was erected; and
WHEREAS,in 2001 the City of South Miami spent over $200,000 to build a traffic
calming rotunda in an attempt to calm eastbound traffic on S.W.84 Streetat 59Avenue; and
WHEREAS,on page 3 of Mr.Kogan’s final recommendation hestates: “From a zoning
perspective, in order to maintain the barricade, a non-Use Variance to allow non-connecting
streets and “T Turnarounds” should be requested;” and
WHEREAS,the City of South Miami,in order to protect its residents' health, safety and
welfare,has placed a priority on eliminating cut through traffic and commercial traffic in
residential neighborhoods; and
WHEREAS,the Mini Warehouse of Kendall development application seeks to permit
commercial and commercial-related traffic into South Miami duplex and single-family
neighborhoods whereit appears that the County required the owner to record a restrictive
covenant, a copy of which is attached,prohibiting any access to or from the Mini Warehouse site
to 84th Streetby requiring a landscape barrier between it and the residential neighborhood to the
south.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1.The City of South Miami urges the Miami-Dade County Board of County
Commissioners to reject the request of Mini Warehouse of Kendall to allow it access to and from
SW 84th Street because it will encourage the intrusion of commercial and commercial-related
traffic in a stable duplex and single-family residential neighborhood.
Section 2.The City of South Miami City Commission respectfully requests thatthe
Miami-Dade County Board of County Commissionerscondition the granting of the variance,
being requested by Mini Warehouse,on Mini Warehouse also applying for and obtaining a non-
use variance to allow non-connecting streets and “T” turn arounds within this part of the
Downtown Kendall Urban Center’s Edge sub-district so that the existingstreet barricade
blocking ingress and egress from S.W.67 Avenueonto S.W.84 Streetcan be retained and
maintained.
Section 3.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 4.Effective Date.This resolution shall become effective immediately upon
adoption by vote of the City Commission.
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Page 3 of 3
PASSED AND ADOPTED this ____ day of ______________, 2018.
ATTEST:APPROVED:
________________________________________________
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
________________________Commissioner Gil:
CITY ATTORNEY
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4 my,-9. PI 4T.137.7-.., ' •,8.411,1 (05 1. 2,.. ..,.,-
r.., - "4424 43,,;;"..4.3tr' :.
DECLARATION -or REBTICY xVA COVAWAPrS t
-.••
..iy
..*n.,KNOwAti! MAN:s4 ,fSgss ilaNs808,* :::
.„,.,. • , •. •. ,.•,. , .
'TAAT, , illimao3y, INC 4 :, a ,ri.orioa'. Corporation..! (ttie. "Owiter")••
tierrig the • hol.:let . of".the fee simple 'oat : to ..0,e.::.prfipprtir .(Vhiv
...#tiove4fri !)eiisCribed.,;SS:1011.oWes`.:- ..:•:•:.... •• !:i. • • .' '3.1 .. • •.
'Bee ettached legai'description'marked BXhibit "A"
:mated the following DeClaybtion of Restrictive Covenants running.
( with the property, specifying that this Restriction, during'its
:
lifetime, shall be for 'the benefit of, and a limitation upon, all
resent and future owners Of the. roperty and for the oubiic
welfare. ,-*/
1.That the Property was• the subject of an application
before the Metropolitan Dade County Board of County Commissioners
"-.S. under the name of DOWNING STREET, LTD. for a distri ct boundary
change from RU-5A to BV-1A,..located at the 'Northeast corner. of
W.W.61th AVenUe (Ludlam Road) and S.W. 4th Street, heard under
—Appl=ication No 81-35. - :
2."That the Property will be developed erstantia114, 4n
accordance with the plan previously submitted to the. County
entitled "A Store Building fOr Lindsley Stores,. lnc. and B. P.
OVahe Products Co.." prepared by William Hamilton Arthur/
Architects, 'dated February 13, 1981, containing two sheets.
That in. the site design for the proposed development,-
the applicant agrees to adhere to the fl,aowing4
A.The building area will-,1-'consist of approximately
square feet and-2-tru
om .the property
With no openings 14
• • • •• "ei 2nd - • • •a • delene• Pr epared
• '••••••
iiifatiiioiaJc4,....tiEaa.C3.a; -"locate, olir*iiteit
.
• Roses a, Ogegatake:
' •
P.A.
:140k. rirteik.iI1-0vreagei pH--; • •
'Florida,. 331511•
The only entries and exit
filth Av
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hand and . ' • IN WITNESS WHEREOF, the undersigned has set its
seal this 01Z day of April, 1984.
By: ,Paz4x.oc„a.
i44-ce" Title: AB5T
Signed, sealed: and delivered p/NbaLE/ /NC., a
in the prefience of:• Florida corporation
•
Attest:-
Jitt 1.2143•39`.
.: - • 4 ,.'• :•!..,.. ,.•.,.'
-•.' C ' The •".141.441. 84th- street' 'frontage; will be lieetrilY .,'"•*-
landscaPed,;,•.and if; rftitzuirWil•;•by...Dade ..CoU ty:•*.r.e7...wali',Wil:l be '.‘ •
Dmi4etrUcted '• 'to 4.seriatate the proposed' fan lity . 'from the • • •
•reffidenal 'Property-•t6 ,the•Sciuth; •
r • it. "
1:1 • '''The ,landsciaping,'exceed::•the '•
g'011314'keit • Xari4e'oaviing*.,anciethief.' baildinge riOnitrticit.
obnsume lees than the permitted: gronnd coverage 'arid
•?:•.•
E.A wall will be cOnstrUCted: on the east aide Of
the 'property to- separate existing RD-4 4 developmenat frOM the
proposed new development.
•
'4.This Restrictive Covenant may be modified, -antended; _or
released as to any portion of the. lands covered hereby, by a
written instrument executed, by the then holder or holders of the
fee-simple title to the lands to be affected by such modifica-
tion, amendment or release, with. the a' proval by resolution of
the Metropolitv Dade County Board of_Couriwy..-Sammiaaione or
.Zoning Appeals Board, whichever by _law has jurisdiction the ronn4
following' a public hearing.
or released, the Director- . of the., Metropolitan Dade County
Building and IZoni,ng Departtnert.shall execute a written instrument
effeAuating and acknowledging such modification, amendment gr
release.
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sTAfT.OF MASSACHUSETTS' •
•,coiOry .og
• ha:. fiaitegolAg Declare
• ,•••.
•+0 f tilestrictive:Covenants wasicknowlidgeir
beforeme his d y,of•Artril ., 1984'. by 'flibbse.-24.'
.of Lindsley 1nc, „"•a...FlorYda corporation,
• lin• behalf, of the torporiation.•
STATE OF MASSACHUSETTS
r,y;"FitiblU
e of • Massachtidatti, et large'
My omission expires:- 444(2/tc..,,k,..1.1 4,4„,
...•
."%to'Adt •0, • ,•.,lit*:
* • m• o • ''461,;1 •-:‘ As.% •'4.- 4: 4 'Z,",;#4
/•&tok
,,••, ,,,, ,
SS
COUNTY OF NORFOLK
•
The. foregoing Declaration of Restrictive Covenants was acknowledged
before me this ..23 4-‘c--- day of April, 1984, by #Ve,b...—F
as A3st /of Lindsley Inc., a Florida corporation,'
on behalf of the corporation.-
Nft,
-tr": siZ14
Notary Pubi
State of•Massachnsetts at Large
My commission expires: flArM. ,,,Y ,,,,, ,•
.21>411C.O.:\ 0
cr,• g ic•f•
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4 Of the Sce.stweet 1/2 of
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mouth,ploidtolai lens :•tale South °feet
k •Range 40 Re ..•.•ietti '•:•Rede County,.. 0:0;• tPlei5111f I ;..:..
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SIMARD, .Bitheraflo' cola"I .;
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