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Res No 021-19-15293RESOLUTION NO.021-19-15293 A Resolution relating to a Variance application to reduce the minimum front setback area requirement and to increase the maximum impervious coverage requirement for a residential townhouse building located at 6606 SW 56 Street. WHEREAS, Ms. Gisela Morales Martin submitted an application (number PB-18-013) requesting two variances from Section 20-3.5E of the Land Development Code (LDC) to construct an addition onto an existing residential structure within the RT-6 Zoning District at 6606 SW 56 Street; and WHEREAS, the first variance request is to allow the reduction of the front setback from twenty-five (25) feet twelve (12) feet eight (8) inches (12'-8"); and WHEREAS, the second variance request is to allow an increase in the maximum impervious coverage from forty (40) percent to 46.4%; and WHEREAS, the approval of a variance requires a review by the Planning Board and a recommendation to approve, deny or approve with conditions, as well as the approval of the City Commission after a public hearing; and WHEREAS, on December 11, 2018, the Planning Board held public hearings on the applications, considered each of the criteria listed in Section 20-5.9 of the LDC and voted two (2) ayes to four (4) nays to recommend approval of the two variances causing the motion to fail; and WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each of the variance criterion listed in Section 20-5.9 of the LDC and having found that those conditions have been met as to some of the request, desire to approve the variance application for the front yard setback and approve with modifications the variance application to increase the impervious coverage. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The application (number PB-18-013) submitted by Ms. Gisela Morales Martin requesting a front setback of twelve (12) feet eight (8) inches (12'-8"), where twenty-five feet (25') is required within the RT-6 zoning district, to allow the construction of an addition to the residential structure located at 6606 SW 56 Street, South Miami, Florida is hereby approved provided the construction is in substantial compliance with the construction plans submitted with the application. Section 3. The application (number PB-18-013) submitted by Ms. Gisela Morales Martin requesting an increase in the maximum impervious coverage is hereby modified and an increase in impervious coverage of eighteen (18) square feet is hereby approved to allow the construction Page 1 of 2 Res. No. 021-19-15293 of a swimming pool at 6606 SW 56 Street, South Miami, Florida provided the construction is in substantial compliance with the construction plans submitted with the application. Section 4. The approval of the requested variances includes, as an Exhibit to the Application, the architectural plans signed and sealed by Pedro P. Ramos, dated January 28, 2019 for the proposed addition to the residential structure located at 6606 SW 56 Street which is incorporated herein by reference. Section 5. 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 6. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 5" day of Februarv, 2019. APPROVED: !v/k&n N MAYOR ORM, COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Nay Commissioner Liebman: Yea Commissioner Welsh: Yea Page 2 of 2 Agenda item NoR City Commission Agenda Item Report Meeting Date: February 5, 2019 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution relating to a Variance application to reduce the minimum front setback area requirement and to increase the maximum impervious coverage requirement for a residential townhouse building located at 6606 SW 56 Street. 4/5 (City Manager -Planning Department) Suggested Action: Attachments: Cover Memo 6606 SW 56 St Variance.docx RESO 6606 SW 56 St Variances -Revised 1-28-2019CArev.docx Letter of Intent-1-28-2019.pdf Application.pdf Warranty Deed.pdf Mailing Label Affadvit.pdf 500ft radius map.pdf Applicant's mailout affadavit.pdf Boundary Survey.pdf 1837-01-Al-Site Plan-2019.01.28.pdf 1837-01-A2-Existing Floor Plan-Rev1-11.28.18.pdf 1837-01-A3-Proposed Floor Plan-Rev1-11.28.18.pdf PB-18-013 - Final PB Regular Meeting Minutes Excerpt - 12-11-2018.docx MDBR Ad. pdf Miami Herald Ad.pdf 1 MDBR Public Hearing all Ad.pdf Miami Herald Courtesy Notice Ad.pdf 2 CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM TO: THE HONORABLE MAYOR & MEMBERS OF THE CITY COMMISSION VIA: STEVEN ALEXANDER, CITY MANAGER FROM: .LANE K. TOMPKINS, AICP, PLANNING DIRECTOR DATE: FEBRUARY 5, 2019 SUBJECT: A Resolution relating to a Variance application to reduce the minimum front setback area requirement and to increase the maximum impervious coverage requirement for a residential townhouse building located at 6606 SW 56 Street. BACKGROUND: The property is part of a three -unit townhouse development located near the southeast corner of SW 67th Avenue and SW 56th Street. The development is designated Townhouse Residential "RT-6" on the Zoning Map. SW 56TH ST Subject Property located 6606 SW 56 Street 3 Variance Application — Front Yard Setback & Maximum Impervious Coverage 6606 SW 56 Street February 5, 2019 Page 2 of 5 A Waiver of Plat for the three -lot development was approved by the City Commission in 1999. The properties are accessed by a private road from SW 561h Street that borders the lots on their east side. The Applicant's lot is the southern -most of the three lots. Since the private road terminates at the Applicant's property, the lot was irregularly configured in order to provide an area where traffic could turn around. As the survey reveals, the south property line is approximately twenty (20) feet shorter than the north property in order to accommodate the turn -around area. Developed in 2001, the property consists of the one-story residential structure with attached garage, driveway, walkway and concrete slab terrace. The applicant is proposing to expand the residence and add a pool, deck, covered terrace, wall, and generator. Please refer to the Site Plan included in the Application Package for complete details about the proposed project. To develop the proposed plan, the Applicant is requesting Variances to reduce the minimum front yard setback and increase the maximum impervious coverage. Section 20-5.9 of the Land Development Code (LDC), Variance approvals, provides the standards against which applications must be reviewed. More specifically, Section 20-5.9(H) provides that variance approvals shall be based on an affirmative finding as to each of five (5) criteria. The Applicant has provided her opinion of how the criteria are satisfied in the Letter of Intent included in the Application Package. Following is staff's analysis of each request: FRONT YARD SETBACK VARIANCE REQUEST: The Applicant is requesting approval to reduce the minimum front setback from twenty-five (25)feet to 12'-8". ANALYSIS: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; Staff Response: Even though the lot is irregular, the overall lot size (8,931 sf) and its dimensions comply with the requirements of the LDC for RT-6 zoning; and, it is larger than many RT-6 properties and larger than the adjacent lot. The variance is requested to accommodate the full scope of the Applicant's development plan. Consequently, it cannot be said that the variance is necessary to relieve particular extraordinary conditions. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; 0 XT C:\Users\EASYPD-1\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@FSOBDFSE\@BCL@F80BDF8E.docx Variance Application — Front Yard Setback & Maximum Impervious Coverage 6606 SW S6 Street February 5, 2019 Page 3 of 5 Staff Response: The application results from the owner's desire to expand the existing structure and add certain exterior features to the property. Further, many of the features could be added and still comply with the Code requirement. Consequently, application of the requirement does not create a hardship. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; Staff Response: The lot was approved in 1999 through a waiver of plat submitted by the previous owners; consequently, the configuration is not the result of the actions of the Applicant. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; Staff Response: The structure cannot be expanded in any direction without violating a required setback and necessitating a variance. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Staff Response: The fagade of the expansion will still be set back behind that of the remainder of the house, thus maintaining the overall development pattern of the area. Further, as there are no homes to the south and those to the east are separated by a wall, the approval would not be injurious to the neighborhood. IMPERVIOUS COVERAGE VARIANCE REQUEST: The Applicant is requesting approval to increase the maximum allowable impervious coverage from forty (40) percent to 46.4%. As shown on the attached site plan, Sheet Al, the existing development provides 3,296 sf of impervious coverage while 3,570 sf is allowed. While 755 sf of impervious area will be removed in preparation for the proposed development, a total of 1,602 sf of new development will be added. The majority of this new development (1,380 sf) is the new garage/guest bedroom, new covered terrace, swimming pool, driveway, walkway at the front of the residence, and the CMU wall. ANALYSIS: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; 5 XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80BDF8E\@BCL@F80BDF8E.docx Variance Application — Front Yard Setback & Maximum Impervious Coverage 6606 SW 56 Street February 5, 2019 Page 4 of 5 Staff Response: Even though the lot is irregular, the overall lot size (8,931 sf) and its dimensions comply with the requirements of the LDC for RT-6 zoning; and, it is larger than many RT-6 properties and larger than the adjacent lot. The variance is requested to accommodate the full scope of the Applicant's development plan. Consequently, it cannot be said that the variance is necessary to relieve particular extraordinary conditions. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; Staff Response: The application results from the owner's desire to add certain exterior features to the property. Further, many of the features could be added and still comply with the Code requirement. Consequently, application of the requirement does not create a hardship. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; Staff Response: The lot was approved in 1999 through a waiver of plat submitted by the previous owners; consequently, the configuration is not the result of the actions of the Applicant. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; Staff Response: The variance is requested to accommodate the owner's plans for redevelopment. Expansion of the structure and some of the exterior improvements can be accommodated and still comply with the Code. Consequently, the variance is not the minimum necessary to make possible the reasonable use of the land. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Staff Response: Impervious coverage regulations are included in development codes for numerous reasons, including: to provide for the absorption of rainwater and to support landscaping which in turn reduces air pollution, minimizes heat island effect and supports wildlife habitat. While approval of the variance may not result in obvious 0 XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80BDF8E\@BCL@F80BDF8E.docx Variance Application — Front Yard Setback & Maximum Impervious Coverage 6606 SW 56 Street February 5, 2019 Page 5 of 5 detriment to the immediate neighborhood, by decreasing the area contributing to these benefits the overall affect is detrimental to the public welfare. PLANNING BOARD RECOMMENDATION: On December 11, 2018, the Planning Board voted two (2) ayes and four (4) nays on a motion to recommend approval of both variance applications, therefore the motion failed. RECOMMENDATION: Staff recommends denial of the variance applications. Attachments: • Application Package (includes Letter of Intent, Application, Warranty Deed) • The Zoning Specialists Group, Inc. - Mailing Label Affidavit, dated September 3, 2018 • The Zoning Specialists Group, Inc. — 500 Ft. Radius Map • Applicant Mailout Affidavit • Notification Letter —Two Neighborhood Variance • Draft Resolution • Survey prepared by Eugenia L. Formoso, dated January 15, 2018 • Architectural Plans Sign & Sealed by Pedro P. Ramos dated November 29, 2018 consisting of a Site Plan, Existing Floor Plan, and Proposed Floor Plan Draft Planning Board meeting minute excerpts 7 XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80BDF8E\@BCL@F80BDF8E.docx Holland & Knight 701 Brickell Avenue, Suite 3300 1 Miami, FL 33131 1 T 305.374.8500 1 F 305.789.7799 Hd and & Knight LLP I w .hkiaw.com Juan J. Mayol, Jr. 305 789 7787 juen.mayol@hklaw.com January 28, 2019 VIA HAND DELIVERY Ms. Jane Tompkins Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Second Amended and Restated Letter of Intent / Justification Statement / Hardship Statement Application by Gisela Morales Martin for 6606 SW 56 Street, Request for Front Yard Setback Variance and Impervious Coverage Variance application Dear Ms. Tompkins: This letter shall constitute our amended and restated letter of intent on behalf of Gisela Morales Martin (the "Applicant"), in connection with a variance application respectfully requesting variances of (1) the front yard setback requirements, and (2) the impervious coverage requirements to facilitate the renovation and expansion of the existing residence located at 6606 SW 56 Street, which further identified by Miami -Dade County Property Appraiser Folio No. 09- 4025-074-0030 (the "Property"). The Property is located on the south side of Miller Road (S.W. 56 Street), immediately east of SW 67 h Avenue. The Property consists of approximately 8,926 sq. ft. and is improved with a townhouse. The Property is designated "Townhouse Residential" on the City's Future Land Use Plan map and is zoned "RT-6". The Property is located at the end of a gated, private driveway, that only provides access to three (3) townhomes, only connected by a parry wall, that dead ends at the Applicant's Property. In fact, a larger portion of the private driveway was dedicated from the Applicant's Property to allow cars to turn around when reaching the end of the private driveway. A rough depiction of the Property and the location is provided below. 10 Ms. Jane Tompkins Planning Director January 28, 2019 Page 2 The Applicant is seeking to enhance the value and aesthetic conditions of her Property. To achieve this goal, the Applicant is seeking extend their two car garage and guest bedroom. In addition, the Applicant is proposing to add a pool, covered terrace, walkway and new driveway. The proposed improvements will require two very minor variances, as described below. As depicted in the site plan, the proposed improvements to the home will incorporate beautiful architectural features that will enhance the attractiveness and visual appeal of the Property and the surrounding neighborhood. A. VARIANCE TO REDUCE FRONT YARD SETBACK The Applicant is requesting a variance to reduce the front yard setback. As you know, Section 20-3.5F of the City of South Miami Land Development Code (the "Code"), requires all one to two story properties zoned "RT-6" to have a front setback of at least 25 feet. The Applicant is requesting to slightly reduce the 25 foot front setback requirement to allow for a 12.8 foot variance. The front setback variance request is warranted because the front setback variance request is being triggered on a portion of the Property that is currently a driveway to permit the construction of a garage, which will serve the same purpose as the driveway while enhancing the value of the Property. The Property was platted as an irregularly shaped lot to accommodate "the t-turn" that serves the 3-home subdivision. Had the front lot line continued straight, the proposed garage could have been accommodated with the required setback. The proposed construction of the garage into the front yard, however, will not in any way interfere with, or pose an obstacle to, vehicular traffic, or impede the ability of vehicles to turn around to head back towards Miller Drive. 11 Ms. Jane Tompkins Planning Director January 28, 2019 Page 3 (A)(1) HARDSHIP CRITERIA ANALYSIS The following analysis supports the hardship criteria for the reduced front setback variance: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property. The configuration of the Applicant's Property is unique compared to any of the surrounding properties. This is due to the large area of private driveway dedicated to allow vehicles to turn around once at the end of the street. This extra area of the dedicated driveway causes a reduction in the front yard of the Applicant's Property. 2. Denial of the variance would result in hardship to the owner. Denial of this variance would penalize the Applicant for seeking to enhance the Property value while generally maintaining the same use. A denial would severely limit the Applicant's full use of the Property to the same extent as other property owners in the area. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant. As stated above, the unique configuration of the lot was created during the platting process when the Property was platted as an irregularly shaped lot to provide a turnaround area needed to allow for vehicles to turn around and exit the subdivision. This lot configuration was in no way created by the Applicant. The turnaround area measures 19.74 feet in depth, an area that would have been more than enough to accommodate the proposed garage. Had the developer of the subdivision provided an access easement instead of platting as a tract outside of the lot, the variance would not be required and circulation would not have been affected. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of land, building or structure. The architect has thoroughly reviewed, considered and analyzed the minimum setback that would be required to accommodate the improvements in a manner that is functional, safe, attractive and in harmony with the existing home and the neighborhood. Again, if the Property had been platted as a rectangle without the cut out for the turnaround, the proposed improvements would fully comply with the front setback requirement. 5. The approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Allowing the 12.8 foot frontage setback variance will allow the Applicant to improve her Property, which will only promote and enhance the characteristics of the neighborhood. In turn, this will result in an increase in property values for those surrounding property owners. 12 Ms. Jane Tompkins Planning Director January 28, 2019 Page 4 B. VARIANCE TO INCREASE IMPERVIOUS LOT COVERAGE The Applicant is also requesting a variance to reduce the impervious lot coverage area. As you are aware, Section 20-3.5F of the Code, allows properties zoned "RT-6" to have a maximum impervious lot coverage of 40%. The Applicant is requesting an increase of the maximum allowed impervious coverage from 40% (3,570 sq. ft.) to 46.4% (4,143 sq. ft.), an increase of 573 sq. ft. (6.4%) of the maximum impervious area. The Applicant has continuously revised and decreased the overall project several times in an effort to work with staff. The plans submitted along with this letter of intent have been reduced as much as can be afforded to require the least amount of impervious area for the project. The applicant has voluntarily reduced the original impervious variance request from 12% (1,040 sq. ft.) to 6.4% (573 sq. ft.), almost half of what was originally requested. As previously stated, the Property has had a large portion of the Property (south east portion) dedicated to create the private drive in order to allow for the (3) townhome property owners, and their visitors, the ability to turn their vehicles around. The cut out area measures just over 800 square feet. By reducing the size of the Applicant's lot by close to 10% of the total area, the permitted impervious lot coverage area was severely restricted. Again, the developer of the subdivision could have accomplished the same purpose of providing proper circulation through an access easement, without reducing the dimension or size of the Property. (B)(1) HARDSHIP CRITERIA ANALYSIS The following analysis supports the hardship criteria for the impervious lot coverage variance: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property. The configuration of the Applicant's Property is unique compared to any of the surrounding properties. This is due to the large area of private driveway that was dedicated to allow vehicles to turn around once at the end of the street. This extra area of the dedicated private driveway causes a significant reduction of impervious coverage to the Applicant's Property. After researching similar "RT-6" properties within a one mile radius, the Applicant's Property was the only one with driveway dedication such as this. Thus, the Applicant needs the variance to address the highly unusual configuration of its Property. 2. Denial of the variance would result in hardship to the owner. Denial of this variance would penalize the Applicant for seeking to enhance the Property value while generally maintaining the same use. A denial would severely limit the Applicant's full use of the Property. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant. As stated above, the unique configuration of the lot was created by the large private driveway turnaround area needed to allow for vehicles to turn around and exit the area. This lot configuration was in no way created by the Applicant. 13 Ms. Jane Tompkins Planning Director January 28, 2019 Page 5 4. The requested variance is the minimum variance necessary to make possible the reasonable use of land, building or structure. Built in 2001, the existing 1-story townhouse has an impervious lot coverage of 2,541 square feet. The proposal is to add 1,602 square feet of additional coverage for a total of 4,143 square feet (where 3,570 square feet would be permitted). However, of the total of 1,602 square feet proposed, less than half would be structural additions. The proposed covered terrace will consist of 328 square feet and the garage will consist of 277 square feet. In fact, both of these structures can be added within the permitted 40% of impervious lot coverage. The variance is only needed to accommodate non-structural elements, such as the new pool, generator concrete slab, driveway and walkways. Although the Code does not provide for an approved list of pervious materials at this time, the Applicant is proffering to use pervious materials for the driveway and walkway. 5. The approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Allowing for the total proposed increase of 1,602 sq. ft. in impervious lot coverage, where the variance would only be for 573 square feet, for a total of 4,143 sq. ft. of impervious coverage, will allow the Applicant to enhance and continue to beautify her Property, which will only promote and enhance the characteristics of the neighborhood. In turn, this will result in an increase in the value of the Property. Based on the foregoing, we respectfully request your favorable review and recommendation of the enumerated variances. Should you have any questions or need additional information, please call me at (305) 789-7413. Respectfully Submitted, HOLLAND & KNIGHT LLP By: cc: James Williams, Esq. Ms. Gisela Morales Martin 14 City of South Miami L Planning & Zoning Del"t-tweW City Hall. 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; fax: (305) 668-7356 Applicalioll fol• Public bearing before Plaiinirtg Board & Cily Cornnlissioil Address of Subject Property: 6606 SW 56th Street Lot(s) 3 Block 1 Subdivision PB 155 - 92 Meets & Bounds: Applicant: Gisela Morales Martin Phone: (305) 789-7413 Representative: Juan J. Mayol Jr. Esq. & James Williams Jr.. Esq Organization: Holland & Knight LLP. Address: 701 Bfickell Avenue, Suite 3300 Phone: (305) 789 - 7787 Miami, Florida 33131 Properly Owner: Gisela Morales Martin Signature: -01 Mailing Address: 6606 SW 56th Street Phone: (305) 789-7787 ArchitecUEngiineer: Alejandro Ponce Phone: (786) 210-9623 AS THE APPLICANT, PLEASE .INDICATE YOUR RELATIONSHIP TO THIS PROJECT: A Owner _Owner's Representative Contract to purchase _Option to purchase __Tenant/Lessee APPLICATION IS HEREBY.MADE FOR THE FOLLOWING: SUBMITTED MATERIALS " PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY. Text Amdndment'to LDC X Variance x Letter of intent _ Zoning Map Amendment Special Use x Justifications for change -_ _PUD Approval. Special Exception x Statement of hardship _ PUD Major Change Other (Waiver of Plat) x Proof of ownership or letter from owner x Power of attorney Briefly explain application and cite specific Code sections: — Contract to purchase X Current survey (1 original sealed and Requesting approval of a yard setback variance and impervious coverage variance signed/1 reduced copy @ 11" x.17") X 15 copies of Site Plan and Floor Flans under 20-6.9. 24 x 36".1 reduced copy @ 11" x 17" x Affidavit -Receipts attesting to mail • notices sent Section: Subsection: Page #: Amended Date: I Mailing labels (3 sets) and map x Required Fee(s) The tmdersigned ltas Mead this completed application and represents that the information and all submitted materials -are tnie and correct to the best of tlne applicant's. knowledge and belief. 16A�4w� A� 8 1Lo.id� Applicant's Signature and title Print name Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications round not in compliance will be rejected and returned to the applicant. OFFICE USE .ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 15 ZAForms\Current Plnnning Department Forms\Planning Department Forms\Planning 13oard\P13 - Variance Procedures - Revised 4-30- 2013.doc c+6/2018 Miami -Dade Official Records - Prnl Document 141LU 194T I F1: 23M Cr1R04:573CL 2001 JAN 29 14:07 P OOpOEgy............*........................OaOggAOPPygPpr,p.... a WARRANTY DEED tstatutory Form P.S. 684.027 Thin Zntlantu ro, umdc Chic ,._3 day of January, 2001, betwecu B.a. RHTRAPRI9ae OF BOOTH "W" INC., a Florida corporation of the County of Mlami-Dade and state of florid., party of the [trot part, and OISALA MOI 119-WXTIN, a oingle woman _ of ch. County of Mla,nl-oana and state at Plovida, party of the accord part, wgoot Pont office addrena !o. GGOG S.w 5G P.CreOt. Minml, Florida OOPSTPIEE 1-011.00 SURTA 0.00 HARVEY RUV1N, CLERK, DADE COUNTY, F[ Hi tf tl,, TLat tht u.J, party Or Cho [SrOt P.M. for .11d in conoldcratlon of Cho owm of $10"00 Doll ara and other valuable conoJdtraClon, to t Item (n hand paid by the oaid Party of the accord part, the [ceclpt whereof In hereby acknowledged, have granted, bargained and cold to the acid part, Chair hcl r. and aooign forcvcr, the followlny doocrlbed land, to-wJt: I.Ot 0, Block 1, M.ONYERELLO ESTATES FIRST ADDITION, ae1ordi.9 to the Plat thereof he recorded 1n Plot book ISS. page 92. Of the Public Records of MI amJ-O.d. County, Florida. Bubdeet to, Ctndi Lion-, raetrJc Clonn, rea.rvOtlono, canemman o( mcardo, 1[ any, Zoning ordinaneee and toxon for ch. year 7001 and uubotquent yearo: however. Chic will not roimpoce the name 1[ otherwlue expired. TO RAVp aND To HOLD the a--c unto the said party of the Uetond part, 1110 heirD. executora, peroonal repraeentativeo, adminlotratoco and aeslgno forever. And the Bald party of the of the first part data hero by fully rra nt Cho title ymg homao.vcr. ist itl o "aid land, and will defend the name aaJnot lawful cl me of all p,V I. the or ... at. of , it,. by+ C .o CA i1_2- 7990 B.H. 117`p MSnvd, j'lo rids L.,x AW STATE OF FLORID), CODNIY or HIAMI -DADR SOUTH HIAHI. A,/ Ste 135 o• vn. 4,LrL �ro� w,V r+i.w,L,l 4ARVE`1 HUMN The foregoing ltatr,uaent wee acknowledged before nn, tbl. y_7q day of January, 1001 by CAHDIDA OARCIA, P... ident of N.O. RINTRRPRTBRS OP SOUTH IaZAMI,INC.. a slorld. corparetion, Personally known to we or who have produced FLORIOA DRIVERS LICaNSR a. Sdentltleation end wb. did not take an oath. ..-�pMUEQVIClr UytpW,55gNaCC Hi[PS Ito 1 d. LLe hUps:llw 2,miami-dadeclerk.comlOfficialRecoros/PrinlDocumontaspx?QS=YaotJfOaxryOeM%7fkSsgb79t%2b6J%2RPOb6g73BasKYyBKIBBJJZSC... 1A The Zoning Specialists Group, Inc September 3, 2018 City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami FL 33143 RE: Property Owners list within 500 feet of: _ 1 LEGAL DESCRIPTION: Lot 3, Block 1 of "MONTEBELLO ESTATES FIRST ADDITION" according to the Plat thereof, as recorded in Plat Book 155, at Page 92 of the Public Records of Miami -Dade County, Florida. FOLIO: 09-4025-074-0030 LOCATION: 6606 SW 56 Street, South Miami, FL 33155 PREPARED FOR: HOLLAND & KNIGHT LLP ORDER; 180823 Total number of property owners without repetition: 110 This is to certify that the attached ownership list, map and mailing matrix is 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 the file in Miami -Dade County Property Appraiser's Office. Sincerely, THE ZONING SPECIALISTS GROUP, INC. �C7- Jo F. Lopez, P.S.M.- #3086 7729 NW 146th Street - Miami Lakes, FL 33016 Phone: 305 828-1210 17 www.thezoningspecialistsgroup.com 500-FOOT RADIUS MAP OF: f CM LEGAL DESCRIPTION: Lot 3, Block I of "MONTEBELLO ESTATES FIRST ADDITION" according to the Plat thereof, as recorded in Plat Book 155, at Page 92 -of the Public Records of Miami -Dade CountV, Florida. tPI 4M ov LOCATION: 6606 SW 56 Street, South Miami, Fl. 33155 cm HSI The Zoning Specialists Group, Inc.' 7729 NW 146th Street Miami Lakes FL 33016 Ph: (305)828-1210 I HEREBY CERTIFY: That all the peoperties shown herein are lying within a 500-toot radius from all boundM lines of the subject property. ME P. LOPEZ P.SIK NOTE* No. 3086,SWO al Fivide. _ \ =JIM L_\ —| | \ \�. | =" 1 0M" =� \ Qvo \ =w 59. AFFIDAVIT Before me, the undersigned, this day personally appeared Juan J. m n®o Jr. and James R. Williams Jr., who being by me first duly sworn, p deposes and says: 1. I am an authorized legal representative with express authorization fromof Gisela Morales Martin, who is both the Applicant and Owner, of that property located at 6606 SW 56t' STREET, South Miami (the Application Property"). ty")• 2• In my capacity as land use attorney and authorized representative two supervised and hereby certify that a Notification Letter oSolication for Miami, Florida (2) Proposed Variances application for 6606 SW 56 Street, uth in the form attached herewith as Exhibit ".A" and herein incorporated the reference, was mailed,, via U.S. mail to all the addresses enumerated 500 feet of ownership list attached as Exhibit* "B", the property ownerss i of abutting or the Application Property, except for the property own conti olqs properties, identified and enumerated, as such in Exhibitd % t I � . which the Notification Letter was mailed via Certified US Mail. make up a true certify that the three (3) sets of mailing labels herein provided and correct mailing list as required. Further Affiant sayeth not. J. rd title: Atto n y for Applicant Jaynes 'R. Williams Jf-t E . title: Attorney for Applicant STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this r day of g g Sept ember, 2018, by Juan J. Mayol Jr., and James R. Williams Jr., who is personally known to me and who did (did not) take an oath Name: Notary 4Publ4ictate of Florida Commission No.: My Commission Expires: SEAL: — Y f IEITES 059499526 al my cokiMISSION 9 b5cGG 673135 EXPIRES: AprR i 6, 2021 �.e_Jd 1 !r.�i:i •• OAF I••'.! 19 Notification setter Two Variance Application Address of Application Property: 6606 SW 56 Street South Miami, FL 33155 Applicant: Gisela Morales Martin You are hcreby notified that an application has been submitted by the above to the- City of South Miami for a Setback Variance and an Impervious Coverage Variance for the Property. °701 i"2 iS'60 I i 8736 5710 i SW 56TH LN -' Sift �.5szo e. :2 68s° j 1 oew � 1 I m 6721 I IS I.._._..-_� The requests will be considered by the Planning Board and the City Commission. The Cit 's Planning and Zoning Department, at 6130 Sunset Drive, South Miami, will have on file all documents, plans and supporting materials pertaining to this application. In addition, the Cit 's Planning and 'Zoning Department will prepare and mail the required notices of public hearin in accordance with the City's Land Development Code. g 1(602:0834 vl 20 N Ss j k _ Ice a R 4w [ sE`I CS C lot z it g oil f it �- = = Huff! I .iAa) � US us Ww9; •s•s g�---------- zo LU Y{ Y4 C.• I j e3 w1 3jI p ff a g ' :F •# ig� 3 Iits cc �► v s-� � �3.f Sy6�1 ~ , I �� ] � s. ` � � E i oaor+a� U t .."33 ti3u Q. g{ se.{ao ` 3i *. U � #z�� s3i�• N e: i js�f$?f3 Ix 7 iii m t cmj• 2 At O Cl) CD O LL � tL it I u:Y s S - S ewm..:. _ . f r c v I ='y € a O_ si .K i fill t*x ::I > 1 ti�S9 'M'S . V.. iovEl y 3 0301Ai08'1S ION o z m ex �y' M 'w�mo x+a-Imm eo mxoou x 3 w b to are n xsi nm na w awmw av Jomw nu aw a axlmuar •.xnuow uuu anmauw., w � xaae t em :x�s•crwn g xna 6 HOAMS NOI1tl001 zo l m F m" . 5 D Z O r_ O A m m m 0 0 z 0 my S atn� A m. - aw A wrt . �almiA ,n': -.a'. vsao.. esatax mm mn. W L'A IbY ��-ppMN w.nm . as •. �m viev mv� a wAom ary w n m Sore n x� vw iw » avrn• n Fmlon nv w m 'JxY4T IAl OtpO1MR al 1 IWA Y bl #D�IWT • m• 11YXYAis paq x� u d we viKppwlY�4�-}-} Y: p Affid[® 6W-t(o-if0�-'10 y� awa uvrow aura O_J lypl:el.l::ne:l:.A.I:iF�t�'_.I: A:x�I.VlxilYG•t�:�IxFV1:en. Ya'OI:f'LtA1:eLFl:l'iVFI: 11I0]ID9r xm-rraF+om SONKIS38 3o8of ONV Vl3SIE) !weyV tgnoSe eouepsea adiol, pue e/es./'E) EV rs Nnd name Max aasoeoi :a m g 0 m m y O 2 O m s pp r z- S r P_� M 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Tuesday, December 11, 2018 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay on annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not -for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I. Call to Order Action: Dr. Philips called the meeting to order at 7:00 P.M. II. Roll Call Board Members Present Constituting a Quorum: Dr. Sally Philips (Chairperson), Ms. Aracely Alicea (Vice -Chairperson), Mr. Subrata Basu, Mr. Lee Jacobs, Mr. Orlando Borges and Mr. Maximo Monterrey. Board Members Absent: Dr. Velma Palmer. City Staff Present: Ms. Jane Tompkins (Planning Director). City Staff Absent: Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Attorney: Mr. Thomas Pepe Ill. Administrative Matters Ms. Tompkins reminded the Board and the public about the TODD Workshop that will be held on Wednesday, December 12, 2018 at 7pm in the City Hall Commission Chambers. 25 IV. Public Hearings 1. PB-18-013 Applicant: Gisela Morales Martin A Resolution relating to a Variance application to reduce the minimum front setback area requirement and to increase the maximum impervious coverage requirement for a residential townhouse building located at 6606 SW 56 Street. Applicant: Gisela Morales Martin, represented by James Williams (Legal Counsel), and Pedro Ramos (Architect for the Project) Mr. Borges read PB-18-013 into the record. Ms. Tompkins read the staff report for PB-18-013 into the record. Mr. Borges asked staff two (2) questions. He first asked what the additional square footage was for the proposed addition. Mr. Borges then asked what the distance between the entrance onto SW 56th Street to the end of the property line. Ms. Tompkins responded that the proposed development will add 1,602 square feet of impervious area. Ms. Tompkins then asked if that was the response that he was looking for, to which Mr. Borges stated yes. Mr. Borges then repeated his second question, adding that he would like to know the width of the drive as well. Ms. Tompkins responded that she didn't have information requested but stated that the subject lot is the furthest lot from SW 561hStreet. Mr. Borges then stated that he asked those questions so that he could determine if a firetruck could make a proper turnaround in the development, to which he stated that he believes that a turnaround would not be possible. Ms. Tompkins then gave a rough estimate of the length of the road inside the development. Mr. Williams presented the first variance to the Board. Mr. Jacobs asked what an access easement was, to which Mr. Williams briefly defined it for the Board. Mr. Jacobs then stated that the subject house has a portion of its driveway cut out whereas the other homes don't have that. He then asked if that cutout area was being used as a driveway. Mr. Williams responded that the area was used as a turnaround area for cars. The property owner does not use that area for their cars. Dr. Philips asked if part of the driveway will be lost because of the proposed addition, to which Mr. Williams stated yes. Dr. Philips then stated that because of the loss of driveway, the cars would partially sit in the right of way and would require the property owners to always park their cars in the garage or park on the swale. Mr. Williams responded that the property owners park their cars in the garage. He then added that one of the reasons for the variance was so that the cars could fit comfortably in the garage. With no more questions from the Board; Mr. Williams continued his presentation and presented the second variance to the Board. Mr. Williams explained to the Board that the item was deferred from the November Planning Board meeting so that the variance for impervious coverage could be further studied. He then 26 stated that the variance request was reduced by approximately 403 square feet. Mr. Jacobs asked how the impervious coverage variance was reduced. Mr. Williams responded that the rear decking around the pool was reduced and a walkway along the side of the house was removed. Mr. Jacobs then asked if any pervious materials were used, to which Mr. Williams responded that the only approved pervious material at this time is grass. With no more questions from the Board, Mr. Williams continued his presentation of the second variance to the Board. Once completed, Dr. Philips began going over the changes to the impervious coverage that would occur if the project were approved. Mr. Williams then clarified for the Board what those changes would be. The Chairperson opened the floor to public comments on PB-18-013 IZl-1- The Chairperson closed the floor to public comments on PB-18-013 Mr. Borges stated that the homeowner should not be paying for the mistake of the developer. There should have been an access easement put into place by the developer. As long as the concrete shown in Mr. Williams presentation is used in conjunction with additional landscape material, the Board should recommend approve the requests. Dr. Philips asked what the mistake was, to which Mr. Borges stated that the developer should have made an access easement instead of subtracting the land from the property for the turnaround. Mr. Basu asked if there were any variances currently on the property, to which Ms. Tompkins stated no. Mr. Basu then stated that because of the location of the existing garage, the front setback is not in compliance with the Land Development Code (LDC). Ms. Tompkins then stated that she couldn't explain why the house didn't meet the minimum front setback regulations. Mr. Williams also stated that he researched the property and did not find any variances for the property. Mr. Basu stated the reason for the application is because of the cutout of land for the turnaround, which benefits the entire development. Because of that it must be considered when deciding on the recommendation for the requests. He then asked If the cutout wasn't there, would the expansion and the setback be an issue.. Ms. Tompkins responded that if the land weren't cut out, then there wouldn't be a need for a front setback variance. If the cut out were included, it would provide for more impervious area but wouldn't be enough to allow for the impervious coverage that was being requested. Mr. Basu stated that he understood the reasons for the front setback variance, but the impervious coverage variance was an issue for him. He then stated that he would be able to support the setback variance if the garage were pushed back enough so that a car could park in front and not be in the turnaround area. Dr. Philips asked if a wood deck is considered pervious, to which Ms. Tompkins stated yes. Dr. Philips then suggested to the Board that the front setback variance be approved and recommend that the second variance not exceed a specific square footage. To assist in calculating the max impervious coverage, Pedro Ramos, the architect for the project, came to the podium and performed the necessary calculations. Mr. Ramos also explained that the impervious coverage for 27 the property could be reduced if specific pervious pavers were used in the project. Mr. Williams then reiterated that the City currently does not have a list of approved permeable pavers. Mr. Basu asked if the garage could be pushed back, to which Mr. Williams stated no. Motion: Mr. Borges moved to approve PB-18-013 with a covenant stating that permeable materials will be used for the project. Mr. Monterrey seconded the motion. Mr. Basu stated that he was not in favor of the motion. He stated that he could live with the front setback variance for the property but would like to see the impervious coverage abided by. Ms. Tompkins asked if the motion was for both requests, to which Mr. Borges stated yes. Mr. Borges then stated that the appropriate materials would need to be used. Mr. Williams stated that the permeable material would be used for the driveway and walkway. If used, it would bring the impervious coverage for the project below the maximum allowed by the LDC. However, because the cutout area cannot be counted towards their property, the variance would still be needed. He then stated that a covenant could be provided requiring that the driveway and walkway be composed of the permeable material. Dr. Philips asked Mr. Borges to repeat the motion exactly how he wanted it. That said, Mr. Borges repeated his motion. Motion: Mr. Borges moved to approve both variances but to use pervious materials. Mr. Monterrey seconded the motion. No further discussion was held on the item. Vote: Yes 2. No 4 (Alicea. Philips, Basu, Jacobs) Mr. Borges: Yes Ms. Alicea: No Dr. Philips: No Mr. Basu: No - Mr. Jacobs: No Mr. Monterrey: Yes Therefore, the item was not recommended by the Board. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no public comments. New Business Section 4 28 Mr. Jacobs stated that the City is changing and growing rapidly, and a lot of the City's assets are being sold off to private entities for development. He wanted to see if the board would vote to recommend that a piece of property be zoned Mixed Use Affordable Housing (MU-AH) so that it is set aside for affordable housing. Ms. Tompkins asked if he had a specific property in mind, to which Mr. Jacobs stated no. The Board held a discussion on the MU-AH zoning district. Ms. Tompkins then explained that she wasn't sure if the board could act on the request since it wasn't a scheduled item. She also explained that a specific property would need to be selected. From there, the City would have to look at the Future Land Use Map (FLUM) to see if the land was compatible for that type of use. Mr. Jacobs asked how staff determines if something is compatible, to which Ms. Tompkins stated that staff would review the text of the Comprehensive Plan and the Land Development Code. Mr. Jacobs reiterated that he just wanted to see if the Board was interested in making the request to the City Commission. Mr. Borges stated that Commissioner Welsh would like to make a comment. Commissioner Welsh then approached the podium and reminded the Board that the City was holding a workshop on the possible change of the Transit Oriented Development District (TODD) Light Industrial area on Wednesday, December 12, 2018. He then stated that he would hope that affordable housing would be a part of any change to the district. He then informed the Board that the Overtown Park West has approved density changes that would get developers to add 14% workforce housing to the area west of the Arsht Center. He then stated that the City needs to find out what incentives were offered to get developers to agree to the condition. Mr. Basu stated that the everyone talks about affordable housing, but it rarely ever gets done. Mr. Borges asked what workforce housing was. Mr. Pepe gave an explanation to Mr. Borges and the Board as to what workforce housing is. Mr. Borges then asked what the rent would be for a one and two -bedroom apartment. Commissioner Welsh explained that assuming the area median income was $48,000, a family of four would have been at 60% area median income and would have paid $800 per month for a 2-bedroom apartment. If it were at 20% area median income, the family would pay $1,600 for the same apartment. Commissioner Welsh then explained what low income and very low income were. Mr. Borges asked if there was a way that the Commission can get Section 8 Housing to hold a workshop in the City. Commissioner Welsh stated that he would work on a Section 8 workshop. He then stated that Red Road Commons was Section 8 housing. The Chairperson closed the floor for new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of November 5, 2018: Dr. Philips moved to approve the meeting minutes with corrections. The motion was seconded by Ms. Alicea. 29 Vote: Yes S. No 0 (None) Mr. Borges: Abstained Ms. Alicea: Yes Dr. Philips: Yes Mr. Basu: Yes Mr. Jacobs: Yes Mr. Monterrey: Yes VII. Future Meeting Date: A) Tuesday, January 8, 2019 VIII. Adjournment The meeting was adjourned at 8:44 P.M. 30 MIAMI DAILY BUSINESS REVIEW Published Daily except Salvraay. Sunday a o Legal Holidays Miami, Miami -Dade Caumy, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review true Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI - JAN . 15, 2019 in the XXXX Court was published in said newspaper in the issues of 01/04/2019 Arrant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dad e County, Florida and that the sold newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a Period of one year next preceding the first publication of the attached copy of advertisement and aRam further says that he or she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 4 day9/JANUAgr1,A.D.2019 f- (SEAL) GUILLERMO GARCIA personally known to rive BARBARATHOMAS Comssion l GG 121171 Expires November 2, 2D21 '%•°„.:` herded The Troy Fainlneur $00.300.7019 -- CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Flonda will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, January 15, 2019 beginning at T:Oo p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following imm(s): A Resolution relating to a Variance application to reduce the minimum front setback area requirement and to increase the maximum impervious coverage requirement for a residential townhouse building located at 6606 SW 56 Street An Ordinance amending the City of South Miami Code of Ordinances, Chapter N Alcoholic Beverages, Article I, Sections 4-6, fitled'Definitions of establishments; hours of operation; definition of alcoholic beverages' to revise the definitions and hours of operation. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section. 20-4.5, subsection F (4) and subsection M for the purposes that include defining a Dade County Slash Pine, Pinus elliottn var. Comm, as a hardwood tree, increasing the required percentage of native trees and requiring installation of Dade County Pines where the Land Development Code requires installation of other frees. 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. Nkenga A. Payne, CMC City Clerk Pumuant to Florida Statutes 286.0105, the City hereby advises the public that it a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting a hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record includes the testimony and evidence upon which the appeal Is to be based. 114 19-3670D00370946M 31 KM: NEIGHBORS 0�,o)!" CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE, IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, January 15, 2019 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following items A Resolution relating to a Variance application to reduce the minimum front setback area requirement and to increase the maximum impervious coverage requirement for a residential townhouse building located at 6606 SW 56 Street. An Ordinance amending the City of South Miami Code of Ordinances, Chapter IV Alcoholic Beverages, Article I, Sections 4-6. tilled "Definitions of establishments; hours of operation; definition of alcoholic beverages" to revise the definitions and hours of operation. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section. 20-4.5, subsection F (4) and subsection M for the purposes that include defining a Dade County Slash Pine, Pious ellioltii var. Densa, as a hardwood tree, increasing the required percentage of native trees and requiring installation of Dade County Pines where the Land Development Code requires installation of other trees. 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. Nkenga A. Payne, CIVIC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if 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 of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. FROM PAGE 85f SCHOOL shoes to more than 200 students at South Miami Heights Elementary School during the holiday season. Founded in 1992, Shoes That Fit is a California - based nonprofit that aims to provide children in need with new athletic shoes in hope of helping students attend school with dignity and be prepared to loam. "This is the second year Pinnacle has worked with the amazing team at South Miami Heights Elementary as part of our continued commitment to rejuvenat- ing local communities through important initia- tives," said Jennifer Sanz, vice president, develop- ment programs at Pinnacle Housing Group. "A good SURDAY JAR0ARY 61019 1141AINHERAL0.001A send kids into the new year with new shoes on their SCENE feet and smiles on [heir faces." For more information on pair of shoes goes a long Shoes That Fit, visit way, and we're excited to www.shoesthatftt.org. eMaI... Il MW.1 a.nld David Jenkins, third from left, of the Young Men's Preparatory Academy recently received several $100 gift cards as part of the Miami Herald's Wish Book Program. The gift cards were delivered to David by Officer Samuels of the Miami -Dade Schools Police Department, Principal Pierre Edouard, and Matthew Tisdol representing Miami -Dade School Board Member Dorothy Bendross-Mindingall. AMERICAN CAFETERIA - RESTAURANT The same quality & tradition as the latin American of 571h Avenue DAILY LUNCH SPECIALS WE CATER Special Prices for Parties! NEW ADMINISTRATION Owners of 57th Avenue are BACK!I Open 'JAM•11PM 9606 SW 72 Street (Sunset Drive) 305.270.1017 DISCOUNTS TO; UNIFORMED POLICE OFFICERS (25%) All major credo cards accepted - Including Pdmecard _ 32 MIAMI DAILY BUSINESS REVIEW published Daay except Saturday, Sunday and Legal Holidays Mlemi, Miami -Dade County, Flwlda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review ffida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advenisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI - FEB. 5, 2019 in the XXXX Court, was published In said newspaper In the issues of 0112512018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dad e County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the that publication of the attached copy of advertisement and atfiant further says that he or she has neither paid nor promised any person, firm or corporstim any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. _ Swomlo aAtl subscribed belle me this 25 day,¢ JANUPRY,AD.2019 (SEAL) GUILLERMO GARCIA personally blown to me ta�Tt �,. BARBARATHOMAS €.? "{ CNmissiun 4 GO 121171 r`s Explles November 2, 2021 • ( SerdulthruTmyFdn lncwdnceB0DJL67019 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given Oral the City Commission of the Coy of South Miami, Florida will conduct Publd Hearings) at its regular City CommiSSion meeting scheduled for Tuesday, February 5, 2019 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sweet Drive, to consider the following item(s): An Onlinence modifying the following sections of the Land Development. Code: Section 20-3.1 Zoning use districts and purposes (A) -and (B);' Section 20-3.3 Permitted Use Schedule; Section 2U3.4 Special Use Conditions; and Article 'All, Transit-Oriemed Deveopment District, Sections 204.1 through 2048.17. An Ordmance-amending the City of South Miami Official Zoning. Map to advance Goals of the Comprehensive Plan Future Lad Use Element and the purpose of the Transf-Oriented Development District Including the bliowing rezonings: (1) certain parcels Oarn Transit-Odemed Develop - mom District Mixed Use 4 (TODD MU-4) to Trensit-Oriented Develop- ment District Mixed Use 5 (TODD MU-5); and (2) content parcels from TrareO-0riented DevelopmentDistrict Light Industrial 4 (TODD U-4), to Transit -Oriented pevelopment Disbict Mixed Use 6 (TODD MU-6). City of South Miami _mrr Zoning Map T 33 AA ca�n� - deb. 5 �a9 '1 A Resolution authors fM the City Manager t(x enter into a faro year cofirad far fhe ogntfnuation of MhM Dade Coufty's Ogaftnent. of Commwdty Acdw and Human lkrW s Ongoing Meals for the Ed*' program a3 the South Mlaml Pm. 6701 SW 62nnd Ave. South Nikn'4 Florida 33143 A 13080tudop rid M taa'yaft%D88PPHCatl-M.m reduce the:fW+lmum- coverap �.e'� tWd to � IMIWIng located at' 6606 8W 5e Street: : A IlWoluflon m%ft to aW*W at.PJa!MquB.AP allow a wWvWm of property b6o ted-at 6701 SW 58 Pfece w6as W&Ry desc i herein. ALL,Mterasted parties we..bwftpd to attwO and wltl be heaf& Fcrjurtl�r.� pfeese or�ct the CRy Cter(c's ORioa str 3Q5�683�8340. Nkenga A Payne. CMC ' City OkTk pwmrant to Florlda Statuteg 288.006. the City hereby wivises the pubs ic� that N a person decides to appeal * decision made by this. Bowd. Agancjr. or Comtr . with tc ` any matter.. cotcs dared ; at its meef:r►g or hearing, he.or she will•need a record .of the,pnoceedb6% aWthd for,such ptapose; dfeded person may need to ensure that a verbatim record of the prooeeftp Is made which reoord IncEudes V* testimony and evidence Upon wtkh the appeal Is to be based: 1125 19-126==75672M•. 34 aA Locaf&Slafe BBmdHfNB �,=.aa, Rln+ IBII915 ADA suits target hotels' websites for not disclosing how accessible they are — txv For, ownv bomeez,her—them i The Foods typical me - Chad HoneywellaMher manothearn carmna°Um He with llnneyMll aM Mttarp rsts,at A.11 I... Ism of olvmid<mer—tom ham, Winn a Few mmW, themmaIGrm@N G.. meam+dblefee aemrch"...vlewd A FwtbWeNvle son- Fen lauJeadde,Ned noes.11., he,,] aM lb Cars.. an" For money —wM harm. that monNN naaop"°niwllh cido oTMdlalih her ha..hadunlem<nu trifocal coon vpimtlh diuNCtiea' emotions, Ken dafm<d will: n 1-111. hotel, and Glwe Ocean Beach Hotel H<ne)xxll and Bert to dlulme the dnsisd mad,m fI..1a-c,,.c and...n Bay Colony have Wed at lnat Tl law Ilse ands—mr. loin vaebein Beach and Gera Ransil re ante all Mtelt nueas forms. for .a. eagamm8 how their mr, W.—mNs, sot morn clumylann the boon Glass Coca. Beach meettMnnild TbeaswsavoecbvttR coming with Fred Hpel aM Cass 61aN• peg4e wah di Bate— bads, Violated Re Amer in No. Fbi1•In warm arear—reed han utlMvarghnm Inn, Farm Diu6illds, An l:—M.N. A Fore ..'. a woman n vie Iwo Omer, soya MM Net haatil sad vwULLy Ito Art4a. wan D9tiRiPsM healx tMr"ressdMl"Na" Y hlylBtirpry hi wheltlWrx(OvbInYINWa. FRO". 11, the Cih Cmonatdm Im{uq w to pe6TNs IMLear and] calm m. wI dN3W la ear. �d, a.nlaa.•e Van., it-, ot, d typemonvia Body IaMq wlol a lnodry+ Be we dmo nl FACEBOOK uavm pua•nrtn doesn't vbWelhelium N w.ldsahndoN'varnn Tw pin It they're ove., remor Carl —a the S.J Law•wind vneg{ain,parl .ppnM lO W having inn N Miami Beu'h's ...edokaryWMic Mistral. hcaterm tone duceedmu In frond brodoevmdmora <m bMande mil 'Wban eff.aopeep.r... offciaBfrover"dam, artn'rdumty dlMpWc...Face dmtLLnplattmlieaN• thepmlNBuun+lntov Ievelnae WMnefmmer b•ckwmdm.m.—to Wb4ce(fida4 who bve Leek u(amr,m Mare pubMfaum. m.monchwbnlhemem Neach.mmi.Wnel. ..I ocul mMla has reen Into lMsei—.That gnmv[cmml.whanvn Wine it's nor lnepl fa ben of lh< baldly use, Fare- stand the derision on sphed'nllmtaWul memMaofv Sawh Fbr Au they may be uaN& pWtic dpw'da no Wed mill 0ddlbenu It nem Pro amork, acridcs and how Trnsit's broad open IL Wor Mm•gement b dentnor Ell corms" thew my bmNea. Ihemalan moor vn hue {m[mmml law a,IW to advlury For. may have +he W. NM•Y residents end meJis 1fM-dirlB to INlod infort.his mpnJN. On o.n.— the Illgllal." com.,. Vol rM Slmddne law mNl media pml•m ereNaaDdelipal cane befOrt IMmfwv mrhnad Nemfnm pommial maef Id fit NNIO ohm obey dis •pvn4vlsr pa{S du ewJd be avidsbndtb died ora re+W<m err than pbL[of ciah. [used a proWaed lake adJeJ. m krow that airy Amasser law, sat Mnk In Nor me a'. an —metanmb.., 'Mendthemershe Okenbtae rt+eawu on boos,. D hug dh Iuhlmu. diresr drM mence sign, oche Off Can- MiWel Groom, mlmb [hall fa publl, W. F•abck, acoadin{lolhe cused.Lee. Ioivn+ily ofFlondi+ an had aveady coed rid as well. naiad+ whale Rey ForkTC 1slm. PrImsenaM Allied. Bacber, Urm;for Fme send the Fopsl or the 'ly cane, la cmnmml ReymaYbeen{a®sell NdAk officials have aW utl IN, wtom-I.warta dot of lnfamatian. sees'. dor --Mars, mon",.ncomr—or. wuNo. Wdk from heen-mcizaJ'er"a-, any case, lme roll mot 'The._m]uomef harms, iaae.11 lil Emotional, prison city same enrydWg is sew' weir, craft Farts aMm not, a.aBrad, - goenl'aoffer Ins, mon can back for amlha bodes. a, a'eme of prmItcMoarly. [aryl 'ms,w.cE ve said ore,atlist mWod rile ps:sonn,ar an t. a car parso ; C'nfora aid In urn m they avly al miderM tos public rec imlcI.,— ehstor-1 mormg Arriol. Bid Ydiiw an mad,•ddine that he allyw Jain ed flat ausen o dircloswe•N Mane sm! chat as mad, rsemlbers Oran ekcrN fnl her w vs6®e llr hadamrnmocd mthe Inlet d cR law; Bid CRY arleraccan requirmlencv In cry viodia:a d tNS lot Main in a, medium, e.n reen claw Wow ufnallar.hRx n fore on Manes BVN ADL, Ms CentralFda, a itn core e small Gary meant In Am excess, on,qui as onsersimem Ns cdedrre xei,ord in mod IN, inm Islam ctlyommi-1,rom •amallfe, •'mretlay'f--a pnl—stermmatdm Nmdn aid Atalso .m otter mine m- )ace more. lM Smr. 11, nor lb I.e. Imca FbrN.Yo{e Imming, en had clear, vdM to sea to be race. sea to daryetdtNanautart law in!OH- aalam. Be•.VII611harrvninto law; IO mI.W in an send rise popal to No engage wain intermit 'in Road FWh and lab carat race, does to daaa ooude on social moia. In mad. And .M Ai d.., to.—hwm.'For aa.'IXnsimall)' I'll ElITCmfedemem.a HI16,nNO sNx hoer and rasmar's to M glen had.ln•JY 'card can the Fromand! l'll nmio.me `lbm art ono penile oisarof in a lase vast Gam Stem mod m the freebie and adreranamer a of l basically sear mors m4camec commm4 who me ndine each other Look Am. Ill ddoted a Ibm.Wya PM1L'p faa'bs satiric addf e. en.dwhalloidpdidy bwl'realwayscomfulna W aradlavinsucrGcon Boodofnmuiv[<om arms he refused t.mare 'A nor=.1omoccai ssmfn,,'he ski. tat back hceu vul [ <,ingN s.lhe Daily '. B. a staple be had orerm, goonRanch,dfuiJ The dlsayssim aMo the dalaam to terra the darkiron to diss+ Comocial mlupped. trackedm tracked real media. Cihll Fa Baabmk IN, niter warnTNe Swshule haw,".b saki. 8.em aremaKw"he tla..-Paeaenr, pa e legal dlymG which The andepsi an annoumm�ent fmsime Beach eo 'And it use be.11.8 added The rw...e is deal elPlmm Easehas Tre. M eadved, afar acme upoming Boners have IWen to Free at man brvum l my net arching them that the Amendment FawAau., remord m what.41 m mA to charter 6, Art ga ve a Iid Not to make a Slmsime GotlY d... Il aaW eame , her cameraman medl• envu ter donned newswmN,i.- n�+u+lG.n. amcommoxns. Ede ...in soc''ISI muL• often err moans, store While wder the SNmJdm T1v 1•e'+R'rfeGlvles•4' fee mall yin mere to Nle my emotions W honNlry, social neral She chive law. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE US ENFERY si— Ill. CITY Cvown;w a of the Cip of Swat Afimo. . will [v[awl Pubr N"em m) a im'Its.' Comourun —AS rdedakd fe"TrWY.F<Ivwly51 2y"lar semen T:.pm.in ma,cumnudmMmM[, A I A Nanec Fire, to [mode ma, fd home uw{ cl: M "smarm vWllYiry he o'"" inv of 1" Arm 4v[bpenl Cuk'. Savor 2U3.1'arm. me diarl aM Wlprr (A) and (.o Sadm 1.1 J PenuYmd L'a5[IwdulC $a'tim 2V345pmJ Gx CUMidow:aN Arun[ Vlll, Tmwir-0rien4J 4aekglrent Dinrt $mJwtlB.l Watgh3Ag.11. An D.-see emuding Jn Cny of.c.i Mamma Ofi.ial'lonag.N[p m advmc, Gal, of Ile Cwlpletenvae flan Futue. LsM Lss Fletnm and Jar WM1a[ olllu Toner, i[m[dIX,elopnenl Oi.Ili[rilalotingtk fMhrvigrt[w<g+:l llanan pwl.lam TreueOn.N hMupmcu Onacr Musedtix41TODDa m Tearc,"C ..Oeret", Ouna>WN U,cI G000 MI A:aW 131a1aie Imab I—T—,G"o.nJ R.elgvmvl Pxn[I light Itdwm a IN. LL i 1.lo To—Momed nowir mA, Marred Uw 613ODD 151141. r � I A Rac omm euJaHaine th Cary M, an air Nmo ton, cmnrtt fa m cmumrut6m 0 Mimi Wtle Cumty I Depaomm of Camomiq Anus W Ilwan cross, massed send. for No. Fkbly Frtgsm s I.le $wlh Miami flux Ilml SN'6:N As,[. Search Mmer. Plaids 13143 A NNallum relating A I Va tareas Ipt iauw n mlae he ancerecon, fan snawk — rgamnem W to I — ,he as'ume. mtNiour tamage Imoleoenl fv a evMaul ou nivue Iw W we ... Ner56 stun A.,c'mnrtWise—Wvacca l rmmt.assaawhlhoseaefW¢n, tr W.6.1 SW Y Kate And n Nydly desnihal hairs. AU-in,unudrynaareein„ridasnW rMwiu.herd. For fm4r, car —tar, pkx vsmart Ih CnY Cbk'a Olbae ar 36 f4)NW, NYay A. Ppa, CMC Crya.k IMauI mMWsim a-:M n Ion. elpo , C, poetry ad- . ryMcoth Itoi(r Plot l m total acy ntkm=M Ito. Rwd."or Came--ar mIm IoanY nlslu mtelmg st mornl No an ac add. namJ of Not contract w WI or m[M1 root e,vRttkd Pam mr,.. emart Wu autos. mM d the Wantlingt I. ma@aI. amNimuh. mr, Wa—, sMea. a, winch. Rm., w if It. Adakk CITY OF OPA-LOCKA NOTICE TO THE PUBLIC PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY S. 2019 NOTICE A RERFYY GIVEN Ism m CiyolOytut.East, S bean{Bmtl wallvrW.,read arded. iry a aMscri on Tuacto Fr6uay 5. mm.r Tot PM IN Ire SMbmY Vitiate. 215 Perrin Avmn, OWlnks. F1tnN. W remarks Vrt fdlow'ing i. ,, PUR IT REARMCS 1. APPILICANPNARE: MAN CHONS1&RAOIANA ANORA 128S N V 45m AVEN.T. OPA LACWT. FL 33G51 PROPERITOWNER: STRRPROFERGES.LLC 12815 N W 4Sm AVESL'E OPALOCT(A, M33W PROPF.RTIVADDRE'SS: VACANT LOT AT NVU 43RD AVENUE & NW 133RD SIRE 7 OPAUXNA. FL 3. D REQUESTS: A RESGUMON OF ME PLM'NOX]iA WRING BONRO OF TIES CITY OF OPA LOCRA. FLORIOA, RFLOMMEAON'G APPIOVAL OF A LARD USE DESIGN'AllOf( CHARGE FROM CAVERN'MFAT M INDUSTRIAL FOR TIE VACANT PROPERTY ATTOE CORNIGN OFNaI 43 AVENUE AND NW 133 STRING. CPA YLOL'1(A.FILL 336M AND IOFTTff BY MUD 2IN 0010111 IN GIB 13IDM1PG DI5TGCG: PROVIDING MR AN EIRPECT1VL DAM A RCSOLUMIN OF TIE PLA.NGNG & ZONING BOARD O"W CfsY OF OPA IOC FLONIDA,RFTQNA DINGRNALSMEP NA OVAL FOR 111E COASTIUCOON OF A IM" SQI:ARE FOOT WAREIIOLYE AND OFFICE ON THE UNTIEV 111) PROPIJk1Y Al' TIE CORKER OF NW 43 AVENUE AND RW 133 STREET. OPA LOCRh R 330H AND IDENTIFIED BY FOLIO 2l_9 Ql 4111 IN THE1-3 WEING DISTRICT: I'ROVEIIRG FOR AN'FtTECIIVE DATE A RESOLUTION OF THE PLANNING It ZONING BOARD OF 111H CITY OF OPA LOCNA. FlAHIOM1 RECOMMENDING APPROVAL OF 111E DLVEWPMENT AGREFMFAT CONCERNING T11E CONSGNLR10N' OF A IOLK0 SQUARE FOOT WAREHOUSE AND OFFICE ON TBE UNOLVLLOPED PROPERTY AT THE CORNER OF NW 41 AVENUE AND NW 133 STREET. OPAdM(7" FL 330X AND IDENT'INED BY MUG IS 21_ "01:1 IN THE 13 L Il DISTRICT': PROVIDING FOR AN FFINCI'IVF.DAIE A6mrnal 'at--m the Are ma, aY M cessed m tM Unue o111w Us, 111. Freamu It— alp From cam-ka4 Flmaa 1. Allen—ree 1. x mwagd In a,x , mel.n r aillhlraNvndmpvlor4 AP6e hannF. 11 s,lomer, .1d . A—, .i. Pvhbl,n Aa cal I MI, Irnnr are nes'cal Ir. ran'.., ate As,—., Jw, nova, uY Ill or t i, ('M r i."Y.a_Mm In n.,wmrmlaa Wan aerm lTl Jv)r pmin ate A^'a'I,vf Ilhanng Imanam.,vaw, vo,ttr e, l4vWa R[L)Sm IarINOIY.. Fill "I., Wahcat, UA Vats, InTnY.-cam IfimmmlalamResgnv Team N:RiL'a\T I.Orbri Ito. A nrcah Mvm maryul a.e We�nn ma,k n) avr Nm,t agerc).m c,anvx.vma,. mpta,ml lvt,_,con nrvhmm rat". hams an. aW rant calc,to—de", tar m Wta„rWuv as.., NWv Acreadc „, mocr..' ch ra.rN m btr. Ih mumml mJ crsrmc ergot whas . rylm mchrhrW 35