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08-07-07 Item 13South Miami All-America City 1 ,N !7Ep CITY OF SOUTH MIAMI 1111. 1927 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Dire . Date: August 7, 2007 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT: PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The City of South Miami has received a formal petition from a property owner at 6780 SW 69t" Terrace requesting that unimproved right -of -way of SW 68th Avenue, abutting his property on the west side be abandoned. In 1944, the previous owner of the property at 6780 SW 69t11 Terrace dedicated the right -of- way for future use as a continuation of SW 69th Avenue. A right of reversion to the original property is included in the dedication. The property if vacated will revert to the petitioner. BACKGROUND The right -of -way area proposed for closure is 4,687 square feet (25 x 187.47). A field inspection of the right -of -way reveals that the site has a :number of large trees and is encumbered by wooden fences and a coral rock wall running the entire length of the property. It appears that the owner has incorporated the right -of -way into his home site and maintains the property. The applicant states that the purpose of for the petition is to allow for additional landscaping and for beautification of the neighborhood. The petition of the applicant states that there is no reason for the right -of -way dedication to continue. The City is not planning on extending SW 68 Avenue southward. PLANNING BOARD ACTION The Planning Board at its April 10, 2007 meeting approved a motion by a vote of 4 ayes 1 nay (Ms. Chael) recommending that the application for closure be approved with conditions. (2) RECOMMENDATION It is recommended that the petition to vacate and abandon SW 60 Avenue between SW 79 Street and SW 80 Street be approved with the following conditions: (1) The petitioner shall provide for the recording of all legal documents necessary for the abandonment; (2) The petitioner may not construct any structure, building or part of the building on the reverted property; (3) The petitioner shall retain and maintain the existing coral rock wall; (4) The petitioner shall provide the Planning Department evidence that efforts were made to notify the Fellowship First Baptist Church in order to obtain their signature on the petition. (5) Prior to the application being placed before the City Commission the applicant shall provide letters from all major utility companies advising that they have no easements or interest in the abandoned right -of -way. Backup Documentation: Draft Resolution Location map Applicant's petition Fla. Stat. 336.09,336.10, 336.12 Submission Plat Boundary Survey Letters to Church Letters from public utilities Planning Board Minutes Excerpt 4 -10 -07 Public notices JP /SAY P: \Comm Items \2007 \8- 7- 07 \Streret Closure 68 Ave CM Report.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER 5 APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF UNIMPROVED 6 RIGHT -OF -WAY PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE OF 6780 7 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH 8 HEREIN; SUBJECT TO PROPERTY OWNER PROVIDING FOR THE RECORDING OF ALL 9 LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT: PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 WHEREAS, pursuant to Fla. Statute 336.09 the City Commission has the power to 13 vacate, abandon, discontinue and close an existing public or private street, alleyway, road, highway 14 or other place used for travel or any portion thereof, other than a state or federal highway, and to 15 renounce and disclaim any right of the City and the public in and to any land in connection 16 therewith; and 17 18 WHEREAS, the City of South Miami has received a formal petition from a property 19 owner requesting the abandonment and vacation of an unimproved portion of SW 68th Avenue. 20 located on the west side of 6780 SW 69h Terrace; and 21 22 WHEREAS, the petition of the applicant states that the purpose for the petition is to allow 23 for additional landscaping and for beautification of the neighborhood; and 24 25 WHEREAS, letters from Miami -Dade Water and Sewer, Peoples Gas, FPL, and AT & T 26 Florida, have been received stating that they have no utilities in the right -of -way or do not object to 27 the street closure; and 28 29 WHEREAS, the City has no plans to use the unimproved right -of -way for vehicle traffic; 30 and 31 32 WHEREAS, the applicant has obtained signatures of the three owners of the four property 33 owners abutting the right -of -way, however, applicant's representative has stated that despite efforts they 34 have not been able to obtain the signature of a representative of Fellowship Church; and 35 36 WHEREAS, signatures of abutting owners are not required under State law but are required as a 37 policy of the City as part of its review process and that the Planning Director has agreed that the signature 38 from the Church can be waived as long as the applicant provides proof of attempts to obtain this signature; 39 and 40 41 WHEREAS, the Planning Board at its April 10, 2007 meeting adopted a motion by a vote of 4 42 ayes and 1 nay recommending approval of the closure petition with conditions; and 43 44 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 45 recommendation of the Planning Board. 46 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 49 THE CITY OF SOUTH MIAMI, FLORIDA: 50 51 Section 1. That all of the land shown as "unimproved right -of way" on the survey attached to 52 this resolution, said property generally described as an unimproved portion of SW 68ffi Avenue. 53 located on the west side of 6780 SW 69'h Terrace is hereby vacated and abandoned. 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (2) Section 2. Pursuant to Fla. Statue 336.12 the vacated portion of SW 68th Avenue located on the west side of 6780 SW 69th Terrace is hereby conveyed to the abutting property owner of 6780 SW 69th Terrace with the following conditions: (1) The petitioner shall provide for the recording of all legal documents necessary for the abandonment; (2) The petitioner may not construct any structure, building or part of the building on the reverted property; (3) The petitioner shall retain and maintain the existing coral rock wall; (4) The petitioner shall provide the Planning Department evidence that efforts were made to notify the Fellowship First Baptist Church in order to obtain their signature on the petition. (5) Prior to the application being placed before the City Commission the applicant shall provide letters from all three major utility companies advising that they have no easements or interest in the abandoned right -of -way. Section 3. This resolution shall be effective immediately upon being approved. Section 4. That pursuant to Fla. Statue 336.10 a notice of the adoption of this resolution shall be published in a newspaper of general circulation in the county within 30 days following the effective date of this resolution. PASSED AND ADOPTED this , day of 52007. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Attachment: Legal Description / Survey PAComm Items\2007 \8 -7 -07 \Street closure SW 68 Ave Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: City of South Miami PB -07 -011 Request - Vacate Portion of SW 68th Avenue Right -of -Way West of 6780 SW 68th Avenue ' 6505 6500 1 \�6647 6(527 66U7 SW 65TH TER 6901 • 6790 O 6585 6550 66x6 I � e SW 661 H ST j ¢ sfios 6610 6604 ! 6605 662 U 6622 6767 U 6624 i ° m m V 6634 6666 w < 6636 6700 SW 67TH ST °� -T 1 N 6712 6708 ° 6706 6736 6716 ° 6780 6792 ..,., ,...r ..r SU JE T AR A a! Q 6801 O SW 68TH TER u1 � s 4 fij87 � � 6�° ss X60 '° 6940 R 6925 m 6931 0 6990 7001 y� °� ry� 6700.. ao SW 69TH LN 7000 7016 70TH LN 7045 U' 6911 6901 r p29 SW 71S S 61�° > 7040 7115 f 7101 7124 = F- SW 71ST LN H 7125 7100 U � x � H 6701 P � � • U) n 7144 7145 _ 6800 S 6830 6800 6970 U 1 ' 6880 6850 ,ovS° x x 6900 i 1 SU JE T AR A a! Q 6801 O SW 68TH TER u1 � s 4 fij87 � � 6�° ss X60 '° 6940 R 6925 m 6931 0 6990 7001 y� °� ry� 6700.. ao SW 69TH LN 7000 7016 70TH LN 7045 U' 6911 6901 r p29 SW 71S S 61�° > 7040 7115 f 7101 7124 = F- SW 71ST LN H 7125 7100 U � x � H 6701 P � � • U) n 7144 7145 _ SUNSET DR SW 72ND ST 0 6750 p m D 6795 1 6755 7340 7300 7341 0 300 600 900 1,200 1,500 Feet 6800 6970 U 6890 6880 U ,ovS° x x rn � ° 7220 (n 6696 7222 nN 7250 7280 7301 7300 SUNSET DR SW 72ND ST 0 6750 p m D 6795 1 6755 7340 7300 7341 0 300 600 900 1,200 1,500 Feet South Miami CITY OF SOUTH MIAMI mid OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: Honorable Chair and Planning Board Members From: Julian Pere Planning Director PB -07 -011 Applicant: Edward Feenane Location: 6780 SW 69th Terrace Date: April 10, 2007 Re: Abandonment of R -O -W SW 68th Avenue A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATIOIN AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF' SW 68TH AVENUE LOCATED ON THE WEST SIDE OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT: PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The City of South Miami has received a formal petition from a property owner at 6780 SW 69th Terrace requesting that unimproved right -of -way of SW 68th Avenue, abutting his property on the west side be abandoned. In 1944, the previous owner of the property at 6780 SW 691h Terrace dedicated the right -of- way for future use as a continuation of SW 69th Avenue. A right of reversion to the original property is included in the dedication. The property if vacated will revert to the petitioner. STAFF OBSERVATIONS (1) The right -of -way abandonment process is set forth in Florida Statutes 336.09 and 336.10 (attached). This procedure requires approval by the City Commission after a public hearing. The City of South Miami has also established a process for review of these petitions. It includes a procedure used by the Planning Department which includes a Planning Board public hearing, submission of signatures from other abutting owners, and the payment of a fee. A copy of the applicant's petition is attached. (2) The right -of -way area proposed for closure is 4,687 square feet (25 x 187.47). A field inspection of the right -of -way reveals that the site has a number of large trees and is encumbered by wooden fences and a coral rock wall running the entire length of the property. It appears that the owner has incorporated the right -of -way into his home site and maintains the property. The applicant states that the purpose of for the petition is to allow for additional landscaping and for beautification of the neighborhood. (3) There appears to be no utilities in the right -of -way, however, formal letters from utility companies were not submitted. Abandonment of R -O -W SW 68 Ave. Page 2 of 2 (4) The petition of the applicant states that there is no reason for the right -of -way dedication to continue The City is not planning on extending SW 68 Avenue southward. (5) The City's petition process requires the signatures of all abutting owners acknowledging that are informed of the proposed right -of -away abandonment. There are five properties, including the petitioner, which abut the proposed right -of -way proposed for abandonment. The applicant has obtained signatures of the three owners of property abutting the right -of -way. The signature representing ownership of Fellowship Church, which abuts the right -of -way on the south, is not included. The applicant's representative has stated in a cover letter that despite considerable efforts they have not been able to obtain this signature. These signatures are not required under State law but are required as a policy of the City as part of its review process. The Planning Director has agreed that the signature from the Church can be waived as long as the applicant provides proof of attempts to obtain this signature. (6) The existing coral rock wall is a most attractive visual element in the neighborhood and staff is concerned that wall will be demolished. In addition the applicant should continue to maintain the open space and green area which characterizes the unused right -of -way. RECOMMENDATION It is recommended that the petition to vacate and abandon SW 60 Avenue between. SW 79 Street and SW 80 Street be approved with the following conditions: (1) The petitioner shall provide for the recording of all legal documents necessary for the abandonment; (2) The petitioner may not construct any structure, building or part of a building on the reverted property; (3) The petitioner shall retain and maintain the existing coral rock wall; (4) The petitioner shall provide to the Planning Department evidence that efforts were made to notify the Fellowship Church in order to obtain their signature on the petition. Attachments: Location map Applicant's petition Fla. Stat. 336.09,336.10, 336.12 Submission Plat Boundary Survey Public notices JP /SAY P:\PB \PB Agendas Staff Reports \2007 Agendas Staff Reports \3 -27 -07 \Street Closure SW 68 Ave Report.doc BERCOW & RADELL ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE: (305) 377 -6238 E -Mail: MMarrero @BRZoningLaw.com VIA HAND DELIVERY March 7, 2007 Mr. Julian Perez Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Petition to Close a Portion of Right -of- -Way at SW 68th Avenue Dear Mr. Perez We represent Mr. Edward Feenane and his wife Melissa, with regard to their request to close a portion of right -of -way at SW 68th Avenue in South Miami, and revert the right -of -way back to the property owner at 6780 SW 69 Terrace, from which the right -of -way was originally dedicated. Enclosed please find an executed "Petition to Close Road" which Mr. Feenane and his neighbors are submitting pursuant to Chapter 336, Florida Statutes. I further enclose a check payable to the City of South Miami in the total amount of $1,500.00, and a copy a boundary survey prepared by A. Fiore and Associates, 2- 24 -07. I have also included the subdivision plat for 'Barbara Estates ", PB 63 -38, which depicts the original dedication. of the right-of-way. As you will see from the petition, one of my neighbors, the First Baptist Church of South Miami, Inc. a /k /a Fellowship Church, was not included as a signatory to the petition. The Fellowship Church is the only neighboring property that is not a single family home, and is based outside of the State of Florida. Although we have made several attempts to reach out to the principals of the church, they have been unsuccessful. To our knowledge, they are not unopposed to the vacation, but have simply not been available. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, Michael J. Marrero WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 PETITION TO CLOSE ROAD TO: Mayor and City Commissioners City of South Miami, Florida The undersigned, pursuant to Sections 336.09 - 336.12 Florida Statutes, hereby petition the Mayor and City Commissioners to vacate, abandon, discontinue and close an existing public or private street, alleyway, road, highway, or other place used for travel, or a portion thereof and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; or to renounce and disclaim any right of City and the public in and to certain land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes; or to renounce and disclaim an right of the City and the public in and to certain land delineated on recorded map or plat as a street, alleyway, road or highway. The undersigned hereby certify: 1. LEGAL DESCRIPTION: The complete and accurate legal description of the road, right of- way or land sought to be closed is as follows: RIGHT OF WAY OF A PORTION OF S.W. 68 AVENUE, WEST OF TRACT 5, BARBARA ESTATES ACCORDING TO THE PLAT THEREOF AS Recorded in plat book 63, page 38 of the Public Records of Miami -Dade County, Florida. 2. PUBLIC INTEREST IN ROAD: The title or interest of the City and the public in and to the above described road, right -of -way or land was acquired and is evidenced in the following manner (state whether public interest acquired by deed, dedication or prescription and set forth where deed or plat is recorded in public records): Dedication to the public with right of reversion to property owner. See Plat Book 63, Page 38, filed February 24, 1944, and Plat Book 25, Page 37of the public records of Dade County, Florida. 3. ATTACH SURVEY SKETCH: Attached hereto is a survey .or location sketch accurately showing and describing the above described road, right -of -way or land and its location and relation to surrounding property, and showing all encroachments and utility easements. 4. ABUTTING PROPERTY OWNERS: The following constitutes a complete and accurate schedule of all owners and occupants of property abutting upon or adjacent to the above described road, right -of -way and all persons who will be affected by the closing and abandonment thereof (all interested or affected persons must either sign this petition or sign a written consent): Name - First Baptist Church of South Miami, Inc. a/k/a Fellowship Church (Scott Wilson) Timothy and Josephine Van Hemert James and Maria Roos Vaidhyanathan and Rajee Ramamurthy Manfred and Cecilia De Lannoy Carlos Touzet and Jacqueline Address Description of Property 6781 SW Sunset Drive Church 7011 SW 68 Court 6951 SW 68 Court 6931 SW 68 Court Single family home Single family home Single family home 6781 SW 69 Terrace Single family home 6801 SW 69 Terrace Single family home Gonzalez 5. ACCESS TO OTHER PROPERTY: The undersigned certify that in the event this petition is granted no other property owners will be prevented from access to and from their property and no other property owners in the vicinity will be adversely affected. 6. NO FEDERAL OR STATE HIGHWAY AFFECTED: The undersigned certify that the above described road, right -of -way or land is riot a part of any state or federal highway and was not acquired or dedicated for state or federal highway purposes; and that such road, right -of -way or land is under the control and jurisdiction of the Mayor and City Commissioners of the City of South Miami: 7. GROUNDS FOR REQUESTING PETITION: The undersigned submit as a grounds and reasons in support of this petition the following (state in detail, why petition should be granted): The right of way for S.W. 68 Avenue has been closed south of S.W. 69 Terrace and north of theoretical S.W. 69 Lane. There is no reason that this right of way should continue to exist, as the petitioners have no interest in paving the right -of- way. All surrounding properties have sufficient access to their properties. Vacating this 25 foot portion of SW 68 Avenue would allow the property owner to beautify the neighborhood with landscaping and make the best use of this right - of -way. 8. INTENT: The undersigned submit as grounds and reason for the utilization of the land sought to be closed (state purpose in detail) Beautification of homes by adding shrubbery. (Petition must be signed by all property owners abutting the road, right -of -way or lands to be closed or abandoned 68th Avenue, South Miami, F133143 Signature Address First Baptist Church of South Miami, Inc. a/'k/a Fellowship Church, 6781 SW Sunset Drive, South Miami, Fl. 33143 (See signature page attached) Timothy and Josephine Van Hemert, 7011 SW 68 Court, South Miami, Fl. 33143 (See signature page attached) James and Maria Roos, 6951 SW 68 Court, South Miami, F1. 33143 (See signature page attached) Vaidhyanathan and Rajee Ramamurthy, 6931 SW 68 Court, South Miami, Fl. 33143 (See signature page attached) Mandfred and Cecilia De Lannoy, 6781 SW 69 Terrace, South Miami, F1. 33143 (See signature page attached) Carlos Touzet and Jacqueline Gonzalez, 6801 SW 69 Terrace, South Miami, Fl. 33143 (See signature page attached) [SIGNATURE PAGE TO FOLLOW] (Petition :must be signed by all property owners abutting the road, right -of -way or lands to be closed or abandoned) Respectfully submitted, STATE OF FLORIDA ) )SS: MIAMI -DADE COUNTY ) Address sw acs el (_,u CQ (P l sup 62 �' `T&-rLjtA e� 76?1 �S'G�' X Y,14 %rruCe� BEFORE ME, the undersigned authority, personally appeared _Edward Feenane who first by me duly sworn, deposes and says that he /she is one of the petitioners named in and who signed the foregoing petition; that he /she is duly authorized to make this verification for and oh behalf of all petitioners; that he /she has read the foregoing petition and that the statements therein contained are true. eignature of Petitioner) Sworn and subscribed to before me this 1-6�rl day of DTe M , 2006 Notary Public State of Florida at Large My Commission Expires: "nom SANDRA CIGMArn MY COMMISSION # DD 479815 EXPIRES: January 21, 2010 X84, carded Twu Naery Pudic Undenvrkm k 7003 3110 0003 5049 8093 RADGLL /IRONMENTAL LAW i7 -6238 lingLaw.com Re: Closure Request for a Portion of Right- of -Way at SW 68th Avenue Dear Mr. Wilson, We represent Mr. Edward Feenane and his wife Melissa, with regard to their request to close a portion of right -of -way at SW 68th Avenue in South Miami, and revert the right -of -way back to the property owner at 6780 SW 69 Terrace, from which the right -of -way was originally dedicated. As you may know, the right -of -way at issue has never been used as a street, road or any other sort of public improvement by the City of South Miami or any other public agency. Currently, the right -of -way is improved with landscaping and an existing coral rock wall. The landscaping and wall will remain on the Property pursuant to the conditions requested by City staff and agreed to by the applicant. Please advise if you have any concern or question regarding this matter. Thank you in advance for your prompt response and cooperation • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArIJ4 Addressed to: �C 2. Article Number T ncf .fm,n nennnr. In1.../ I ,yga -� A. Sig X l� ❑ Agent ❑ Addressee B. heceived by PH Name) C. Date of Delivery - D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No CID 3. Se'e Type 13 Certified Mail ❑ Fpress Mail ❑ Registered Weturn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (E%tra Fee) -7nn-4 -4-l.i,n nnn3 5049 8093 ❑ Yes 850 • MIAMI, FLORIDA 33131 i -7 BE OW & RADELL ZONING. LANG USE AND ENVIRONMENTAL LAW DIRECT LINE: (305) 377 -6238 E -Mail: MMarrero @BRZoningLaw.com VIA CERTIFIED U.S. MAIL March 21, 2007 Mr. Scott Wilson First Baptist Church of South Miami, Inc. 6767 Sunset Drive South Miami, Florida 33143 -4513 Re: Closure Request for a Portion of Right -of -Way at SW 681h Avenue Dear Mr. Wilson, We represent Mr. Edward Feenane and his wife Melissa, with regard to their request to close a portion of right -of -way at SW 68th Avenue in South Miami, and revert the right -of -way back to the property owner at 6780 SW 69 Terrace, from which the right -of -way was originally dedicated. As you may know, the right-of-way at issue has never been used as a street, road or any other sort of public improvement by the City of South Miami or any other public agency. Currently, the right -of -way is improved with landscaping and an existing coral rock wall. The landscaping and wall will remain on the Property pursuant to the conditions requested by City staff and agreed to by the applicant. Please advise if you have any concern or question regarding this matter. Thank you in advance for your prompt response and cooperation regarding this matter. Very truly yours, ?A4L__ Michael J. Marrero WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAY14E BOULEVARD, SUITE 850 • MIAMI. FLORIDA 33131 B c RCow RADE L.L. & F ER NAN D EZ Z:C>NING, L-^NC> UE3Ez- AIP.i17 E- --"V1F C>NME= N-r^L- LAV1/ DIRECT LINE: (305) 377 -$238 E -Mall: MMarraro @SRZ©ningLaw eam VIA HAND DELIVERY July 26, 2007 Mr. Sandy Youklis Planning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re. Petition to Close a Portion of R -O -W at SW 68th Avenue - Utility Letters Dear Sandy: As you know, we represent Mr. Edward Feenane and his wife Melissa, with regard to their request to close a portion of right -of -way at SW 68t'l Avenue in South Miami, and revert the right -of -way back to the property owner at 6780 SW 69 Terrace, from which the right -of -way was originally dedicated. Attached please find copies of the required letters from the utility companies obtained to satisfy a condition of staff's recommendation. If you have any questions please do not hesitate to contact me.. Very truly yours, Michael J. Marrero Enclosures WACHOVIA FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 PHONE. 305.374.6300 - PAX. 305.377.6222 0 FPL Florida power & Light Company July261 . 2007 ............... _....... ......._ .................. ......... ............................... Michael John Marrero Bercow, Radell & Fernandez Zoning, Rand Use and Environmental Law Wachovis Financial Center 200 S. Biscayne Blvd, Suite 350 Miami, Florida 33131 Re: Request to vacate portion of the Right of Way, west side of property located at 6780 SW 68r' 1 errace Clear Mr. Marrero: This is to confirm that, at the present time, FPL has no objection with the request to vacate the Right of Way referenced above. However, easements will need to be dedicated to provide legal occupation of the properly by FPL to maintain uninterrupted electrical service. if existing facilities are to be relocated the cost assodiated with said relocation will be at the owner's expense. This service will be furnished In accordance with applicable rates, rules and regulations. Sincerely, A�.ZAA George Quintaniiia Service Planner FPL, Richmond Service Center 14250 SW 112'' ST Miami, FL. 33186 an FPL Group Company T. wa Miami -Dade Water and Sewer Department P 0. Box 330316 • .3575 S. Lejeune Road Miami, Florida 33233 -0316 T 305 -665 -7471 ADA Coordination miamidade.gov Agenda Coordination Art in Public Places Audit and Management Services Aviation June._.13 2007 BuildingCode Compliance .... ........ ....... r........................................................................... ............................... Building Business Development Capital lmprovemenls Chizen's Independent Transportation Trust Communications Mr. Julian Perez, Community Action Agency Planning Director Community & Econumic Develupmertl Community Relations City of South Miami Consumersemices 6130. Sunset Drive Corrections & Rehabilitalion Miami, FL 33143 Counlywide Iieallhcare Planning cultural^ "airs RE: Petition to Close a Portion of Right -of -Way at SW 68 Ave. Elections Emergency Management Dear Mr. Perez Employee Relations . Enterprise Technology Services Environmental Resources Management Fair Employment Practices The Miami -Dade Water & Sewer. Department (MDWASD) has existing water and Finance sewer facilities located within the boundaries of the referenced Right --Of -Way. Fire Rescue MDWASD does not object to the road closure of the existing Right -Of -Way. General Services Administration Historic Preservation Homeless Trust In order to update and maintain our records, MDWASD requests that we be Housing Agency notified once the road closing has been approved. Should you have any Housing Finance Authorilyquestions regarding this matter, please contact William Herryman, P. L, S., at Human Services (786 -268 -5268) or at wherry0miamidade.ciov Independent Review Panel International Trade Consortium juvenile As9usmenl Center Medical Examiner Mettupolilan Planning Organization Park and Recreation William erry ant P.' .,P.L.S Planningand Zoning Plans R view Section Poli- New Customer Division 330. Procurement Management Right of Way and As -Built Unit., Property Appraiser Miami -Dade Water & Sewer Department Public tibr ty System Public Works Saie Neighborhood Parks Seaport Solid Waste Management Strategic BusinessManagememC: Phillip Torres, P. E., Plans Review M -DWASD Team Metro Patricia Hernandez, Director's Office M -DWASD Transit Urban Revilalization Task Force fi�; Vizcaya Museum and Gardens file Water and Sewer at&t 7325 SW Florida 4S T: 305 - 663-8226 7325 SW A8TM 5i' F: 305 - 667-7005 Miami, FL 33155 .. May.. 17,..2007 ................... Michael John Marrero, Esq.. Bercow, Radell & Fernandez P.A. Zoning, Land Use and Environmental Law Wachovia Financial Center 200 S. Biscayne Blvd., Suite 850 Miami, Florida 3:3131 Re: Request to vacate portion o£ the R.-O -W of SW 68`t' AV, located on the west side of property located at 6780 SW 69TH TER Mr. Marrero: This letter shall serve as notice active AT &T Florida (BellSouth) facilities of record exist within a portion of the road/street right of way proposed to be vacated as referenced. Easements will need to be dedicated and/or other provisions made to provide for the continued legal occupation, of the property by this utility to facilitate the proposed closure of the public right of way and maintain uninterrupted telecommunication service. Specific contractual arrangements will be required for recovering costs associated with any relocation of'the same if'so desired. This information is based on existing AT &T Florida records and information contained in correspondence from A. Fiore and Associates dated February 24, 2007 (copy attached). Please contact me for any additional information you may require in this regard.. j erely, alenci ialist / O�PE AT &T Florida attachment cc: Steve Massie, AT &T Florida April 30, 2007 Bercow & Radell 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Attention: Michael I. Marrero Re.: Petition to close a portion of Right -of Way at SW 681h Avenue 6780 SW 60 Terrace Dear Mr. Marrero: After a review of our facilities within the area of the above- mentioned project, we would like to inform you that TECO Peoples Gas does not have any present, or proposed, natural gas mains and/or services at said property and we have no objections to the proposed plat. Should you have any additional questions concerning the above, please contact me at 951 -453 -0817. Sincerely, 1-49 e� / Angel L. Quant South Florida Regional Operations Manager cc: R., Wall A. Quant file PCOPLES GAS 51 01 NW 21sT AVENUE. SUITE 460 1677! S32-6747 FORT LAUDERDALE. FL 333179 °2792 FAX 19541 453 ^0804 AN EDUAL OPPORTUNITY COMPANY HTPP: / /WWW.,rEDOENERGY.COM Statutes & Constitution :View Statutes : ->2007->Ch03 3 6->Section 09 : Online Sunshine Select Year: 2007 Go The 2007 Florida Statutes Page 1 of 1 Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads; authority. — (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to: (a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the county and the public in and to any land in connection therewith; (b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and (c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section. History. - -s. 49, ch. 29965, 1955. Copyright © 1995 -2007 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg. state .fl.us /statutes /index.cfm ?App mode= Display_Statute &Search String =... 7/30/2007 Statutes & Constitution :View Statutes :- >2007- >Ch0336- >Section. 10 : Online Sunshine Page 1 of 1 .................. Select Year: 2007 Go The 2007 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.10 Closing and abandonment of roads; publication of notice. -- Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded in the deed records of the county. History. - -s. 50, ch. 29965, 1955. Copyright © 1995 -2007 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg.state.fl.us /statutes /index.cfm ?App mode= Display_Statute &Search String =... 7/30/2007 Statutes & Constitution :View Statutes :- >2007- >Ch0336- >Section 12 : Online Sunshine Page 1 of 1 Select Year: 2007 Go The 2007 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.12 Closing and abandonment of roads; termination of easement; conveyance of fee. - -The act of any commissioners in closing or abandoning any such road, or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, shall abrogate the easement theretofore owned, held, claimed or used by or on behalf of the public and the title of fee owners shall be freed and released therefrom; and if the fee of road space has been vested in the county, same will be thereby surrendered and will vest in the abutting fee owners to the extent and in the same manner as in case of termination of an easement for road purposes. History. - -s. 52, ch. 29965, 1955. Copyright © 1995 -2007 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg. state. fl. us / statutes / index .cfm ?App__mode= Display_Statute &Search String =... 7/30/2007 6oU,r o� U INCORPORATED 1927 L�I-tt 'AD) CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, April 10, 2007 City Commission Chambers % P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:45 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Beckman, Mr. Farfan, Ms. Young, and Ms. Chael. Absent: Ms. Yates and Mr. Davis City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). III. Administrative Matters. Ms. Marice Chael was dully sworn in a member of the Board by Mr. Morton IV. Planning Board Applications I Public Hearing PB -07 -011 Applicant: Edward Feenane A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TILE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW 68 AVENUE LOCATED ON THE WEST SIDE OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY OWINER PROVIDING FOR THE Planning Board Meeting April 10, 2007 Page 2 of 4 RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANT)ONMENT; PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Farfan read the resolution into the record. Mr. Youkilis advised the Board that the City of South Miami has received a formal petition from the property owner Mr. Feenane requesting that the unimproved right -of- way of SW 68t1i Avenue abutting property on the west side of SW 6780 69 Terrace be abandoned. He stated that in order for this to occur State Law requires approval by the City Commission after a public hearing. In addition, the City of South Miami has an established process for review of these petitions. Mr. Youkilis advised that the applicant has made direct contact with all his abutting neighbors and obtained the required signatures, except for the Fellowship First Baptist Church. He advised that the applicant has made several attempts to obtain the church's signature however, they have not responded. He stated that the Planning Director has the right to agree that the signature from the church can be waived as long as they show proof that an attempt was been made to contact the church. Recommendations: Staff recommended that the Board approve the abandonment with the following recommendations: (1) The petitioner shall provide for the recording of all legal documents necessary for the abandonment; (2) The petitioner may not construct any structure, building or part of a building on the reverted property; (3) The petitioner shall retain and maintain the existing coral rock wall; (4) The petitioner shall provide to the Planning Department evidence that efforts were made to notify the Fellowship First Baptist Church in order to obtain their signature on the petition. (5) Prior to the application being placed before the City Commission the applicant shall provide letters from all three major utility companies advising that they have no easements or interest in the abandoned right -of -way. Mr. Marrero, who represents Mr. Feenane, advised his client has been in touch with the neighbors and has obtained the required signatures needed for the street abandonment approval. He also stated his client made three attempts of contact Mr. Scott Wilson, Director of the Fellowship First Baptist Church. Scott Wilson, church director, was mailed a certified letter informing him and his congregation of Mr. Feenane's intent, but Mr. Feenane has had no response. He advised the Board that his client would like to restore the coral rock wall and has no intentions of building the lot. Mr. Marrero stated the plat on the other side of the street was never dedicated therefore, the remaining 25 feet wide right -of- way will revert to Mr. Feenane. Mr. Marrero stated that his client has maintained and beautified the property and would like to preserve the property for himself and his neighborhood. Ms. Beckman questioned if the coral rock wall ends at Mr. Feenane's property and Mr. Marrero responded with an affirmative. Ms. Beckman stated that on occasion abandoned streets are split between neighbors and questioned if this would be done. Mr. Youkilis Planning Board Meeting April 10, 2007 Page 3 of 4 responded that Mr. Marrero provided staff with proof that a reverter clause states it should be returned to the owner that dedicated it. Ms. Chael stated that it is common for property owners to dedicate rights -of -ways back to the city. She asked if there will be any monetary exchange involved. Mr. Youkilis responded with a negative indicating that the State prohibits any monetary exchange. Mr. Marrero added his client paid a $1500 dollar fee and now his client will have to pay property taxes. He mentioned that no one is paying taxes on the property, therefore the City will benefit. Additionally, his client will not receive any financial benefits on the contrary he will see an increase on his assessed value. Ms. Chael was concerned that the proposed resolution will have repercussions should the church decide to sell their property and Mr. Youkilis advised that the city has no intentions on doing anything with the property. Ms. Young questioned the number of times the applicant made the effort to contact the Fellowship church and Mr. Marrero stated that the applicant was contacted on three different occasions via a certified letter. Chairman Morton opened the public hearing Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker 6556 SW 78th Terrace Supports Mr. Tucker questioned whether the Board posted a public hearing notice on the property and Ms. Beckman responded that a notice indicating the date and time was posted on the property. Mr. Tucker advised he would like to see the applicant live up to his proposition and maintain the property. Reverend Walker 6600 SW 63 Court Supports Mr. Walker stated that the city does not maintain the property and now that it has the opportunity to return it to someone who does maintain the landscaping on an abandoned property. He felt that the request should be granted. Adrian Ellis 6521 SW 58th Avenue Supports Mr. Ellis informed the Board that he favors the resolution because if the City had been concerned for the property then Public Works would have kept up with its maintenance. Chairman Morton closed the public hearing. Motion: Ms. Young moved to approve the resolution with the following recommendations. Ms. Beckman seconded. (1) The petitioner shall provide for the recording of all legal documents necessary for the abandonment; (2) The petitioner may not construct any structure, building or part of the building on the reverted property; Planning Board Meeting April 10, 2007 Page 4 of 4 (3) The petitioner shall retain and :maintain the existing coral rock wall; (4) The petitioner shall provide the Planning Department evidence that efforts were made to notify the Fellowship First Baptist Church in order to obtain their signature on the petition. (5) Prior to the application being placed before the City Commission the applicant shall provide letters from all three major utility companies advising that they have no easements or interest in the abandoned right -of -way. Vote: 4 Ayes I Nay (Ms. Chael) PAComm Items\2007 \8- 7 -07\PB MINS 04 -10 -07 Minutes Excerpt- Street Closure.doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING AUGUST 7, 2007 in the XXXX Court, was published in said newspaper in the issues of 07/20/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second 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 affiant 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 t ' advertis nt r publication in the said newspape /) Sworn to and subscribed before me this 20 day of JULY , A.D. 2007 (SEAL) O.V. FERBEYRE personally known to me ;r0 Cheryl H Mamoesr "a Ply Commission DD338559 ' Exuires July t8, 2008 CITY OF' SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBYgiven that the City Commission of the City of South f Miami, Florida will conduct-a, Public Hearing during its regular City Commission meeting on Tuesday; August 7, 2007, beginning at 7:30' p.m., in the City Commission Chambers, 6130 Sunset Drive to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY. OF SOUTH MIAMI, FLORIDA IN RESPONSE TO A t `PETITIONa -0F AN ABUTTING PROPERTY OWNER APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF !SW 68TH AVENUE LOCATED ON THE WEST SIDE OF 6780 SW 69TH,TERRACE.MORE FULLY .DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROP- ERTY OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS- NECESSARY FOR THE.ABANDON- MENT; PROVIDING FOR AN EFFECTIVE DATE. ' Inquiries concerning this item should be directed to the Planning and ZoningDepartment Office at305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk City of South Miami 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. 7/20 - 07- 3- 021863448M. 0 EDUCATION Sunrise School of Miami: 8795 SW 112th St., I Miami. 305 - 274 -6562 or sunrises - choolofmiami.com: � e Open registration for grades pre -K through eighth grade with education in the Waldorf tradition. * Accepting applications for the 2007 -2008 school year. e Curriculum includes Spanish, music, art, movement and practical arts. Tamiami Child Development Center: 860 SW 76th Ct., Miami. 305- 261 -4133: e. Open Registration for infants, preschool; Voluntary Pre -K (VPK) and before- and after - school care programs are available. e An APPLE and Gold Seal accredited Center offering A Beka and Creative Curriculum to ready preschooler for kin- dergarten. e Open 7 a.m. to 6 p.m. Temple Beth Am Day School: 5950 North Kendall Dr., Pine - crest. 305 -665 -6228: * Accepting applications for the 2007 -2008 school year for Jr. prenursery through fifth grade, offering a nurturing and challenging curriculum with low teacher to student ratios. e Call to schedule a tour. The Thinking Child Learning Center: 35 SW Sixth Ave., Miami. 786 -243 -2556: e Registration is now open for the - toddler program. e The school offers CORE knowledge preschool curricu- lum, large outdoor playground. Tropical Elementary: 4545 SW 104th Ave., South Miami -Dade. 305 - 221 -0284: e Registration is open. United Way Center for Excel- lence in Early Education: 3250 SW Third Ave., Miami. 305- 646 -7472: e Accepting Head Start and Early Head Start applications for children 6 weeks to 5 years old. Expectant mothers may also apply. e Tuition is free for families who meet the federal income eligibility requirements. e The program provides com- munity -based services and partnerships, comprehensive child development services, health, social and disability ser- vices and parental involvement. University Christian Children's Center: 6750 Sunset Dr., South Miami. 305- 661 -8584: *Accredited by National Association for the Education of Young Children and serves children 1 -4 years old with full - and half -day programs. Wayside Baptist Preschool: 7701 SW 98th St., Kendall. 305- 595 -0570: - e Registration is open for the 2007 -2008 school year for children ages 3 months through kindergarten. e Part -time hours are 8:45 a.m. -12:15 p.m. and full -time is 7:30 a.m. -6 p.m. e Offers a loving, caring, Christ- centered environment, small classes, creative activi- ties, outdoor play and reading readiness. Whispering Pines Elementary: 18929 SW 89th Rd., Cutler Bay. 305- 238 -7382: e Registration is open for the 2007 -2008 school year: 9 a.m: -T p.m. Monday through Friday. School Scene is compiled by Jenny Garcia. Send items at least 10 days in advance to via e -mail to schoolnews @Mia - miHeraid.com or mail them to School Scene, c% Neighbors, 7300 North Kendall Dr., Ste. 200, Miami, FL 33156. " COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, August 7, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AMENDING SECTION 20- 6.1(D) OF THE LAND DEVELOPMENT CODE IN ORDER TO INCREASE THE NUMBER OF HISTORIC PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE HISTORIC PRESERVATION BOARD SHALL BE REGISTERED ARCHITECTS. AN ORDINANCE AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ADD A NEW SECTION 20- 4.4(L)(6) TO PROVIDE A PROCEDURE REQUIRING THE ISSUANCE OF A SPECIAL EVENTS PARKING PERMIT TO ALLOW 15 OR MORE CARS TO BE PARKED DURING A SPECIAL EVENT IN RESIDENTIAL ZONING DISTRICTS. AN ORDINANCE AMENDING SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR THE DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING. AN ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING SECTION 15 -4.7 ENTITLED "FALSE ALARM SERVICE CHARGES, ENFORCEMENT AND REVOCATION PROVISIONS" BY EXEMPTING SENIOR CITIZENS FROM FALSE ALARM CHARGES. AN ORDINANCE ADOPTING THE EMULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS; AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW. A RESOLUTION IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE OF 6780 SIN 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT. A RESOLUTION RELATING TO A WAIVER OF THE SECOND STORY CONSTRUCTION PROHIBITION IN ORDER TO ALLOW THE CONSTRUCTION OF A NEW TWO -STORY SINGLE FAMILY RESID15NCE, LOCATED AT 7631 SW 59 AVENUE WITHIN AN RS -3 "LOW- DENSITY RESIDENTIAL ZONING DISTRICT," BASED UPON A FINDING THAT THE PROPOSED CONSTRUCTION WILL HAVE NO NEGATIVE IMPACT ON ADJOINING PROPERTIES AND THE IMMEDIATE NEIGHBORHOOD. If you have any inquiries on the above items please contact the City Clerk's office at: 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any 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. 1s r_ 0 0 N a. N } J D r a Z D V) 0 a LU W x E a i W `o o, z E 0 d x E MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING AUGUST 7, 2007 in the XXXX Court, was published in said newspaper in the issues of 07/27/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second 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 affiant 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 advertise for publication in the said newspaper �� Sworn to and subscribed before me this Z7 fwd Y 2007 - CJ \_> (SEAL) ;MARIA L MESA O.V. FERBEYRE personally kno _ NOTARY PUBLIC STATE OF FLMDA Commission #DD293855 Expires: MARCH 04, 2008 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 Hearings - at its regular City ' Commission meeting scheduled for Tuesday, August 7, 2007 beginning 'at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH: MIAMI, FLORIDA AMENDING SECTION 20- 6.1(D) OF THE LAND DEVELOPMENT CODE IN. ORDER TO INCREASE THE NUMBER OF HISTORIC ..PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE HISTORIC PRESERVATION BOARD ..SHALL BE REGISTERED ARCHITECTS; PROVIDING FOR SEVERABILI- TY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CIjW COMMISSION OF THE CITY OF SbUTH MIAMI, FL - IDA AMENDING SECTION 204.4 OF TFX LAND DEV OPMENT CODE IN ORDER TO ADD A NEW ECTION,20=4.4(L)(6) TO PROVIDE A PROCEDURE REOUIRIN THE-ISSUANCE OF A SPECIAL - EVENTS PARKING PERMIT 'ALLOW 15 OR MORE CARS TO BE PARKED DURING CIAL EVENT IN RESIDEN- TIAL ZONING DISTRICTS` PROVIDING FOR SEVERABILITY, ORDINANCES IN ZONFLICT, SAND PROVIDING AN EFFECTIVE DATE. r AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR THE DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING; PROVIDING FOR SEVERABILITY, ORDINANCES IN ONFLICT, ANDPROVIDING AN EFFECTIVE DATE. ` AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ALARM SYSTEMS; AMENDING SECTION 154.7 ENTITLED "FALSE ALARM SERVICE CHARGES, ENFORCEMENT AND REVOCATION PROVISIONS" BY EXEMPTING SENIOR CITIZENS FROM FALSE ALARM CHARGES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOW- ING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTER-' GOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS; AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO A PETITION OF ' AN-ABUTTING PROPERTY .OWNER APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE'OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH .HEREIN; SUBJECT TO PROP- ERTY OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDON- MENT: PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA RELATING TO A WAIVER OF THE SECOND. -STORY CONSTRUCTION PROHIBITION IN ORDER TO ALLOW THE CONSTRUCTION OF A NEW TWO - STORY. SINGLE FAMILY RESIDENCE, LOCATED AT 7631 SW 59 AVENUE WITHIN AN RS -3 'LOW - DENSITY RESIDENTIAL ZONING DISTRICT,' BASED UPON A FINDING THAT THE PROPOSED CONSTRUCTION WILL HAVE NO NEGATIVE IMPACT ON ADJOINING PROPERTIES AND THE IMMEDIATE NEIGHBORHOOD; PROVIDING FOR AN EFFECTIVE DATE. If you have any inquiries an the above items please contact the City Cleric's office at 305 - 663.6340 r ; ALL interested - parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter bonsidered 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. 7/27. - - 07- 3- 72/866969M i a °s� a° fall is q'.:.....•.,, EA 1t li Ef f8 $ sic 8? i $ vae .•'S Wyk Y 2 � °a le° E • .iy yy # �E° e � u ufiLr °4 2a S N BiN�� ' •ua `•efi_� � p'4'e = � �`' !v E >t� e° b $b S -L ! � o pE= Je � fi Ee r m r$'�° `usal= I �o" W eEx •I i e n a t m jfEuml6 m rest _fi uE •; }hear $Eo W _ °�•E li o L42,F° °rah = i,;IY 1 -�•�Yb M3Egfi �i��a• R° . a 8'_:�ee Ja fie fa eY ar i i yM �_i�ifiESS �E��. ��i�l��e y y�i 4u},�a" m�E C° 5,�' `IlV 'j• E��+ {� x °�Z•. =E ���. • °� �E�e° = � sJ`�ryI=o CWO 4-2 J �L��oo � *fi �� P �� 4Y Y`s� : W e`�^ �o `3a� � • °g► u �S C W� "du ra •E - &• i �."�S� I 4'� • q°Id role �' fi t 3£ Ei�tg yW, k ° •[ '.f3 c w �� V ;`�C _ � � ' s' : •:: PI • r -�� Mf) S aeyo�y wv-an7 •. v .. rv+ J c.,y ..o i q sz I °sta y' ' %/o s� �� Lu Q W so 1 Q a8 ``•• "• "` '`' Q • W a � cr. m e a° m H L1. f 3 • O tl • ° • ty�Jr�1} ��♦ fi E• iYf 11 e�L ci V � •EO �'Yfi� t�' N 0 0 �.,. geao • LL � •W � yajufi • N i J =Eli t N D L= O A W ' cm 0 J C C O � u V•"M�.•n rrY�CT �h =wt ^O u � E ov K 6 y I W4 Jy.� • Y1�•i /iN it MC r` owa mao � oa Z 10/1 0 aY0 � d aw m Oa ¢ U wad wa n � ado m 3 J $a m °JOJ • mwm W o � � G Sao O CL JJ V / z O / m /h M - 3 WKY 459 'MS I \ \ I \ \ mI I ro \ \ 3I I I i I Wvoa wviom) Amy W9 'Ms v»ar w99 xs a / t i- / w 6 N rc O W Z n N 0 F U z � a J 6-w) c aoi (as —c9) L Nome 0 lol 1;811 Eon ��Lox �o a Z W _ W Im g MR A Z cn 1% e W a m Se v on July F X91 ssa v Qo E � 7Syea and g4�d O gs, gp5 bb z a S3 p ° cn V.9. o!eIn: 4, w AM �_gE p Zvi Q. 011§3 # 1 I I I I� lae I4 ,9L'I i o m z �Y• � o m Z I I z lol I 1 ) I ' / / o / ;r o / a 1 , / N ( / / m � �h o Wvoa wviom) Amy W9 'Ms v»ar w99 xs a / t i- / w 6 N rc O W Z n N 0 F U z � a J 6-w) c aoi (as —c9) L Nome 0 lol 1;811 Eon ��Lox �o a Z W _ W Im g MR A Z cn 1% e W a m Se v on July F X91 ssa v Qo E � 7Syea and g4�d O gs, gp5 bb z a S3 p ° cn V.9. o!eIn: 4, w AM �_gE p Zvi Q. 011§3 # 1 I I I I� lae I4 ,9L'I i o m z �Y• � o m Z I I z lol I 1 ) r. i � V I + 4!; �r ♦A •4 a � a d.. /k AOA,,,r/ ,M , • MIR I fit �P 9gai; a ;a IC CL c • y . r m O 40 r o � A y rVI O m = u o ti N R1 � u -1 Z ~ � o S r �s y o ^ o m i ��o� o• u y p —t it N ^ C o`Z 0 B �r a 3 , 1 0 0 i « c • y O 40 A y rVI O .� a rr1 ti R1 • A vs Z ~ S r �s y NJ r%fIF ✓ /!O ✓r.�t �1, atsb .?S to ' :..vt•. .9a.�J ( -'r d./ � L/AI iie /tiY/ frfA/ eF �✓q/ /Nrt d aL•+di't .,wc fry`/ N s _ _ J o' 1s t�o'c /IJ �o — %'f{.rV LQn► A✓t/ v, N �•,y�r l O. 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