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6800 SW 65 ST_GREEN MISC S �® C=TY OF SOY.7TH M=AM= INTER-OFFICE MEMORANDUM To= Sonia Lama, AIA Detei June 7, 1993 Building & Zoning Director Frm: Bill Mackey Re= Application for Planner Waiver of Improvements The current owner of the newly created property at approximately '6800 SW 65 Street is making application for a Public Hearing before the Planning Board for a Waiver of Right-of-Way Improvements. The City Commission has already made provision for this property per Resolution # 140-89-9017-A, on December 5th, 1989; however, the language of the Resolution and the Minutes of the proceedings do not clearly indicate whether a single lane driveway connecting to the new property would be permitted or whether the City Commission had intended that full roadway widening and improvements be required upon the request of a building permit. The current applicant does desire to build and to install a single lane driveway=type right-of-way improvement to access the new single-family residence that will be proposed. Is an application for Waiver of R-O-W Improvements necessary or may the applicant install such improvements without a Public Hearing? This may be legal decision to be forwarded to the City Attorney. I await your action. Thank you. LETTER OF INTENT 05-27-1993 TO: CITY OF SOUTH MIAMI FROM: FRANCISCO VICTORIA & NATASHA GOTTLIEB RE : 65TH STREET EXTENSION IN ORDER FOR US TO BUILD ON OUR UNIMPROVED LOT, WE WOULD BE REQUIRED TO EXTEND 65TH STREET TO THE EASTERN-MOST BOUNDARY OF THE PROPERTY. TODAY 65TH STREET, ACCESSED FROM 69TH AVENUE, IS A SINGLE LANE , DEAD-END STREET SERVING ONLY ONE RESIDENCE (ASHLEY/6830 SW 65 STREET) . OUR DESIRE IS TO EXTEND 65TH STREET, AS A SINGLE LANE, TO THE WESTERN BOUNDARY OF THE SUBJECT PROPERTY FOR ACCESS BECAUSE IT WILL MINIMIZE THE LENGTH OF 65TH STREET WHILE MAINTAINING A DEAD- END STREET. THIS WOULD ALSO PROMOTE A LOW-TRAFFIC, BACK-ROAD CHARACTER ENVIRONMENT. Commissioner McCann said she disagrees with the tree survey for that development and would like a discussion at the end of the agenda. 8) City Manager announced the annual Christmas bicycle giveaway will be held through the City' s Recreation Department , on Monday, December 18th, 1989, at 10 : 30 am in the City Commission Chambers . Vice-Mayor Schwait will be standing in for Mayor Porter. CITY ATTORNEY'S REPORT 1) City Attorney Dellagloria explained the Department of Community Affairs and the City of South Miami have resolved any problems with the conflict of language in the City' s newly adopted Comprehensive Plan. There were, in addition to the notice of noncompliance filed by ACA regarding the Land Use Plan, some matters filed by intervenors . The DCA concerns were addressed by the Commission when the Commission adopted the language regarding the level of service. The DCA dismissed the remaining claims of the 'o intervenors as related to compliance, by the City, with Chapter 163 of the Florida Statutes and Rules of Administration. There will , however, be other actions regarding the City's Comprehensive Plan. The DCA will , most likely, cooperate with the City in order to help substantiate the Plan. 2) There has been a partial summary judgement issued in City of South Miami v. Symons , regarding the issue of a contract arising with a resolution of this Commission in February, 1985. There are decisions that must be made by the Commission and this matter can be taken up at the end of the meeting. In addition, there are matters that must be responded to by tomorrow, December 6th, so he will be excusing himself from the meeting . periodically. RESOLUTIONS FOR PUBLIC HEARING: #3 RESOLUTION NO. 1 14 A RESOLUTION ALLOWING A WAIVER OF PLAT ON PROPERTY LEGALLY DESCRIBED AS TRACT 11 , NELSON HOMESITES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 57 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. S Moved by Commissioner McCann, seconded by Vice-Mayor c' Schwait for discussion, the resolution be adopted and assigned the next number by the City Clerk. CCM -5 12/05/89 rjn Mr. Larry Ashley, applicant , addressed the Commission explaining that he wished to subdivide the property to make a homesite for himself and one for his daughter. The amount of land to divide does meet the City's zoning requirement (2 acres) . Mr. Bob Hoskins , 6505 S .W. 69th avenue, spoke in favor of the request, but would not be in favor of any road widening because of the trees . If the applicant wants his own road , that would be alright. Ms . Lama stated the Commission could waive that requirement, but could be widened in the future. No one else wished to speak and the public hearing was deemed closed. Vice-Mayor Schwait noted the Planning Board recommendation of. 5/0 in favor of the request . Commissioner McCann asked about a roadway between the property in the future. In the past the City has asked the owner to post a bond so that future development will not be at the expense of the City. City Attorney Dellagloria. stated Chapter 17-9 of the City' s Code makes a provision for a bond to be assigned for future construction (within one year) . The Commission can design a procedure for� this applicant . Vice-Mayor Schwait stated he would be against a bond if the road is never going to be developed . Commissioner Brown said he felt it is the responsibility of the City to widen or pave roads if the City wishes. However, right now it would not serve a purpose. City Attorney Dellagloria suggested the applicant record a covenant running with the land. The applicant stated this would be acceptable if only in front of his own property . Moved by Commissioner McCann, seconded by Vice-Mayor Schwait, the resolution be amended and a Section 2 . added that this approval is conditioned upon the applicant placing a recorded covenant requiring the owner to pay for the widening and paving of the road upon request of the City . Motion passed 4/0: Vice-Mayor Schwait, yea; Commissioner Brown , yea; Commissioner McCann, yea; Commissioner Launcelott , yea (Mayor Porter absent) . On resolution, as amended, passed 4/0: Vice-Mayor Schwait, . yea; Commissioner Brown, yea; Commissioner McCann, yea ; Commissioner Launcelott , yea (Mayor Porter absent) . Commissioner McCann noted that the Planning Board had voted 5/0 in favor, but with a stipulation and this should be part of the record. CCH -6- 12/05/89 rjn RESOLUTION NO. 140 -89- 9017 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, ALLOWING A WAIVER OF PLAT ON PROPERTY LEGALLY DESCRIBED AS TRACT 11 , NELSON HOMESITES, ACCORDING TO THE PLAT THEREOF, AS RECORDED AT PLAT BOOK 39, PAGE 57, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A/K/A 6830 S. W. 65TH STREET, SOUTH MIAMI , FLORIDA. Agenda Item PB-89-024 WHEREAS, the applicant has requested a variance to waive the regular platting procedures and the staff recommendation is to approve; and WHEREAS, at a public hearing on November 14, 1989, the Planning Board voted 5-0 to grant the request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section . That a request to allow a waiver of plat on property legally described as: Tract 11 , Nelson homesites, according to the Plat thereof, as recorded at Plat Book 39, Page 57, of the Public Records of Dade County, Florida, a/k/a 6830 S. W. 65th Street, South Miami , Florida is hereby granted. Sk Section 2. This approval is conditioned upon the applicant F,t-hecproperty g a recorded covenant on the property requiring the owner of to pay for the widening and paving of the road upon request of the City. PASSED AND ADOPTED this 5th day of December 1989. APPROVED: MAYOR r'° ATTL T: C L RK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut`.6830SW65. STR AAkk C=TY OF SOUTH M=AM= INTER-OFFICE MEMORANDUM To: Sonia Lama, AIA Data= June 7 1993 Building & Zoning Director Fr=: Bill Mackey Re: Application for Planner Waiver of Improvements The current owner of the newly created property at approximately ,*6800 SW 65 Street is making application for a Public Hearing before the Planning Board for a Waiver of Right-of-Way Improvements. The City Commission has already made provision for this property per Resolution # 140-89-9017-A, on December 5th, 1989; however, the language of the Resolution and the Minutes of the proceedings do not clearly indicate whether a single lane driveway connecting to the new property would be permitted or whether the City Commission had intended that full roadway widening and improvements be required upon the request of a building permit. The current applicant does desire to build and to install a single lane driveway-type right-of-way improvement to access the new single-family residence that will be proposed. is an application for Waiver of R-O-W Improvements necessary or may the applicant install such improvements without a Public Hearing? This may be legal decision to be forwarded to the City Attorney. I await your action. Thank you.