03-02-04 Item 8CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor and
Commission Members
From: Maria Davis L
City Manager IS
9 -
RESOLUTION
Date: March 2, 2004
ITEM NO.
RE: Waiver of Plat
6200 SW 67th Avenue
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF
TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH IN SECTION
20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF
THE MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR
PROPERTY LOCATED AT 6200 SW 67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN
"RS -3" LOW DENSITY SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;
PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
BACKGROUND:
The applicant, Eduardo Rodriquez, Jr. has submitted an application for Waiver of Plat in order to
divide a 1.15 acre tract of land described as property Folio 09 -4026- 000 -0470 located at 6200
SW 67th Avenue. The applicant wishes to divide the tract into Parcel A with 22,607 square feet
of lot area and Parcel B with 26,715 square feet of lot area. Parcel B would face SW 67t Court.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -3.5 Dimensional Requirements
• Section 20- 4.2(b) Land Subdivision Regulations (Waiver of Plat)
Dade County Code
• Chapter 28 -4 Subdivision Regulations
WAIVER OF PLAT REGULATIONS
The Land Development Code specifies that the Planning Board first reviews applications before
they go to the City Commission. In addition to having to meet minimum zoning standards,
Waiver -of Plat applications are to be reviewed by the Planning Board and City Commission on
the basis of neighborhood compatibility. Specifically, three criteria are applied:
(a) Whether the building sites created would be equal to or larger than
the majority of the existing building sites and of the same character as
Waiver of Plat — 6200 SW 67th Sir
March 2, 2004
Page 2
the surrounding area (this shall be demonstrated using copies of the
official plat maps for the subject property and surrounding
neighborhood).
(b) Whether the building site created would result in existing structures
becoming nonconforming as they relate to setbacks and other
applicable regulations of these land development regulations.
(c) Whether the building site created would be free of encroachments
from abutting buildable sites.
The City Commission may designate additional conditions in connection with a waiver -of -plat,
in order to assure that the proposed subdivision of land conforms to the above requirements.
This provision could be used, for example, to ensure the retention of trees on the subject
property.
ZONING SUMMARY
Parent Tract
(a) Zoning Designation: RS -3 "Low Density Residential"
(b) Use: Single - Family
(c) Lot size: 50,302 s.f. Minimum lot size 10,000 s.f. required.
(d) Building Frontage: 168.5feet. Minimum frontage 75 feet required.
Lot "A "•
(a) Zoning Designation: RS -3 "Low Density Residential"
(b) Use: Single - Family
(c) Lot Size: 22,607 s.f. proposed. Minimum lot size 10,000 s.f. required.
(d) Building frontage: 78.5 feet proposed, Minimum frontage 75 feet required.
Lot "B "•
(a) Zoning Designation: RS -3 "Low Density Residential"
(b) Use: Single - Family
(c) Lot Size: 26,715s.f. proposed. Minimum lot size 10,000 s.f. required.
(d) Building frontage: 168.5 feet proposed, Minimum frontage 75 feet required.
STAFF OBSERVATIONS
(1) The proposed waiver of plat would create two single residential properties, zoned RS -3 "Low
Density Residential ". Parcel B would continue to face SW 67th Avenue; the new lot (Parcel A)
would face and have frontage on SW 67th Court. The applicant's submission shows the creation
of a curvilinear section of street in front of the new lot ( Parcel A) on SW 67th Court. This street
frontage measures 78.5 feet, which exceeds the minimum required lot frontage of 75 feet. The
owner has offered to dedicate the right of way to the City.
(2) Parcel `B" has an existing single family home. The applicant proposes to build a new single
family home on proposed parcel "A ".
(3) The two parcels at this location abut the RS -3 zoning on the east, west, and south. The site on
Waiver of Plat — 6200 SW 67th Str
March 2, 2004
Page 3
the north faces a City park and public school.
(4) The proposed wavier of plat would create parcels that have lot sizes larger than required by
the land development regulations for RS -3.
(5) An analysis of the size of 65 surrounding lots within the standard 500 foot radius indicates
that the parcel B, with the existing home, would be larger than 95% of the surrounding lots. The
new lot, parcel A would be larger than 94 % of the surrounding lots. (A staff produced map
showing the lot sizes within the 500 foot radius is attached).
(6) The new building site created (parcel A) is free of any encroachments which could impact
construction or dimensional requirements.
(7) The site has a number of mature oak trees which would require removal or relocation to
permit construction.
PLANNING DEPARTMENT RECOMMENDATION
Based upon the fact that the application meets the basic criteria for judging a waiver of plat
request, relating to lot size, non - conformity, and absence of encroachments, the Department
recommended that the waiver of plat application be approved with the following condition: that
the owner dedicate to the City the new right of way (982 sq. ft.) used to create the street frontage
for the property.
PLANNING BOARD ACTION
The Planning Board conducted a public hearing on the application at its January 27, 2004
meeting. During the discussion several Board members wanted the record to show that the
applicant has promised to save as many trees as possible on the subject property. The Planning
Board adopted a motion by vote of 6 ayes and 0 nays recommending approval of the requested
waiver of plat with the condition that the owner dedicate to the City the new right of way (982
sq. ft.) used to create the street frontage for the property.
RECOMMENDATION
It is recommended that the waiver of plat application
owner dedicate to the City the new right of way (982 sq
the property.
Attachments
Draft Resolution /Legal Description
Application
Letter of Intent
Location Map
Waiver ofplat map
Public Notices
Planning Board Minutes Excerpt 1 -27 -04
Property Survey
Site plan -new home
MD/DOD /SA
E: (Comm Items120041 1-2- 1Waiver of Plat 6200 SW 67Av Report.doc
be approved with the condition that the
. ft.) used to create the street frontage for
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE
CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET
FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT
CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE
PERTAINING TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 6200 SW
67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW DENSITY
SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A
LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr. Eduardo Rodriquez, Jr., owner of the property located at 6200 SW 67th
Ave., submitted an application requesting a waiver of plat, pursuant to Section 20- 4.2(b) of the
Land Subdivision Regulations the purpose of the application is to create two building sites ; and,
WHEREAS, the Planning Department staff has recommended approval of the application
for said plat, which is based upon (a) the merits of the application as it relates to requirements in
the Land Development Code and (b) the application's consistency with the City's adopted
Comprehensive Plan; and,
WHEREAS, the Planning Board at its January 27, 2004 meeting adopted a motion by a
vote of Ayes 6 and Nays 0, to recommend approval of the waiver of plat application with a
condition that the applicant dedicates to the City the new right of way (982 sq. ft.) used to create
the expanded street frontage for the property; and.
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
approve the tentative plat pursuant Section 20- 4.2(b) of the Land Subdivision Regulations; and,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The application submitted by Mr. Eduardo Rodriquez Jr., requesting approval
of a proposed tentative plat, for the property located at 6200 SW 67th Ave. and legally
described in Attachment "A ", pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations
is granted, subject to the following condition: that the owner dedicates to the City the new right
of way (982 sq. ft.) used to create the expanded street frontage for the property.
Section 2. The granting of this waiver of plat is consistent with the following review
criteria set forth in LDC Section 20- 4.2(b):
(a) The building sites created are equal to or larger than the majority of the
existing building sites and of the same character as the surrounding area;
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(2)
(b) The building site created would not result in existing structures
becoming nonconforming as they relate to setbacks and other
applicable regulations of these land development regulations;
(c) The building site created is free of encroachments from abutting
buildable sites.
Section 3. LEGAL DESCRIPTION: SEE ATTACHMENT "A"
Section 4. Drawings submitted by the applicant, as part of the record for this City
Commission meeting prepared by Lazaro D. Alonso of Professional Land Surveyor, Certificate
No. 3590 of Unitec Surveying, Inc., dated October 23, 2003 shall be the guiding plan for
development.
Section 5. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2004.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
EAComm Items\2004\3 -2 -04 \Waiver of Plat 6200 SW67 Ave Resol.doc
APPROVED:
MAYOR
Commission Vote
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
ATTACHMENT "A"
LEGAL DESCRIPTION- 6200 SW 67th AVENUE
LEGAL DESCRIPTION OF PARENT PARCEL:
The North 1/2 of the North 1/2 of the East %2 of the SE 1/4 of the SE '/4 of the NE 1/2 , less the East
35 feet thereof for road purposes of Section 26, Township 54 South, Range 40 East, lying and
being in Dade County, Florida.- Containing 50,302 ± square feet.
LEGAL DESCRIPTION OF PARCEL A:
The West 140 feet of the North 1/2 of the North %2 of the East 1/2 of the SE '/4 of the SE 1/4 of the
NE 1/4 of the Section 26, Township 54 South, Range 40 East, lying and being in Dade County,
Florida.- Containing 22,607 ± square feet.
LEGAL DESCRIPTION OF PARCEL B:
The North 1/2 of the North 1/2 of the East 1/2 of the SE 1/4 of the SE 1/4 of the NE 1/4 , less the West
140 feet and less the East 35 feet for road purposes of Section 26, Township 54 South, Range 40
East, lying and being in Dade County, Florida.- Containing 26,715 ± square feet.
E: \PB \PB Agendas Staff Reports \2004 Agendas Staff Reports \1- 27- 04\Legal Desc 6200 SW 67 Ave.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
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, 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 - PUBLIC HEARING - 3/2/2004
RES. REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E), ETC.
in the XXXX Court,
was published in said newspaper in the issues of
02/23/2004
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 se ring this advertisement for publication in the said
ne, peC,
, , - An-
Sworn to
'
23 d�(v
(SEAL)
WILLIAMS
before
Cs�/itvIC1 ( CC 91244g
;ClvfPb fudON 111 -, 2004
City of South Miami
Planning & Zoning Department
6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591
Application For Waiver of Plat
urveyor:
W
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase _Option to purchase —Tenant/Lessee
Please answer the following:
Zoning District: KS a3
Septic Tank or Sewer: gerri
Public or Well Water Supply: *OkAaLAc, W A.
Lot Frontage(s): 9(0, it It `
Net Lot Area(s):
Setbacks for Existing Building(s):
Existing Building Coverage(s): D
Existing Impervious Coverage(s):
F.A.R. (For Commercial Only):
Abutting Streets / Right -of- way's: SW 0) A0o- 4 (7 � (,4
OUDIVI1 I 1 GU IVI/i 1 CKIHLS
PLEASE CHECK ALL THAT APPLY:
Z'Application Form
V Warranty Deed(s)
Letter from Owner(s)
Power of attorney
Contract to purchase
P/Waiver of Plat (22 copies)
(Signed & Sealed by a Registered Surveyor)
Required Fee
_ Existing Tree survey
Proposed Site Plan
The ei= ha ead this completed application and represents that the information and all submitted materials are true and
erect �' f the applicant's knowledge and belief.
and title
Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed City Approval County Approval
Concurrency
Method of Payment
Rev. 11-12-02
Letter of Intent
December 22, 2003
Re: Carmen Rodriguez - Waiver of Plat for
Property Located at 6200 SW 67 Avenue
City of South Miami,
It is our intent to sub- divide the above referenced property in order to create the resulting
two lots. The current lot has a total square footage of 50,285 s.f. (168.47' x 298.48').
This lot will be divided into two lots, which are; Lot 1— 26,707 s.f. (168.52' x 158.48')
and Lot 2 —23,586 s.f. (168.47'x 140.00') minus the right of way dedication of 982 s.f.
equals 22,874 s.f.. Both of the resulting lots meet, and exceed, the size requirements for
the area. The building site created will not result in any existing structures becoming
non - conforming. The building site created will be free of encroachments from abutting
buildable sites, and will meet all of the criteria necessary for the creation of a separate
buildable lot.
The first lot currently has a home on it. It is my intent to build a new home on the vacant
new lot created. The resulting home will be the typical home for the area and one that, as
the zoning regulations require, will have a greater lot size than ninety four percent (94 %)
of the homes in the area.
Thank You and
Sincerely Yours,
I _�� -
Eduardo Rodriguez
Carmen Rodriguez
City of South Miami
PB -03 -025 Waiver of Plat
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 27, 2004
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:30 P.M
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Comendeiro,
Ms. Yates, Ms. Gibson, and Mr. Mann.
Board members absent: Mr. Illas.
City staff present: Sanford A. Youkilis, AICP (Acting Planning and Zoning Director),
Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary).
III. Administrative Matters (Mr. Morton swore in speakers)
Mr. Youkilis informed the Board that the next meeting of Febraury 10, 2004 would be
cancelled due to a conflict with City elections. The Commission Chambers will be used
for the voting machines.
IV. Planning Board Application / Public Hearings
PB -03 -.025
Applicant: Eduardo Rodriguez, Jr.
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE
CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET
FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT
CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE
PERTAINING TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 6200 SW
67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW DENSITY
Planning Board Meeting
January 27, 2004
Page 2 of 5
SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A
LEGAL DESCRIPTION; AND PROVIDING FOR AN EEFFECTIVE DATE.
Action: Mr. Morton read the item into record and Mr. Youkilis presented the staff report.
The applicant's request consisted of a waiver of plat in order to divide a 1.15 acre tract of
land located at 6200 SW 67th Avenue into two building sites. At the Planning Board
meeting of November 25, 2003, the Board deferred a similiar waiver of plat request and a
variance request to create two building sites. During that meeting, several Board members
strongly suggested that the applicant should consider revising his application to avoid a
variance request. The applicant has revised his application of waiver of plat to increase the
size of the new parcel and to create a curvilinear street frontage meeting the required lot
frontage. Mr. Youkilis further stated that the waiver of plat application has met the basic
criteria related to lot size, non - conformity, and encroahments. He recommended that the
waiver of plat application be approved with the condition that the owner dedicates to the
City the new right of way (982sq. ft.) used to create the expanded street frontage for the
property.
Ms. Ines Marrero, representative for the applicant, thanked the Board and staff for their
comments and guidance on the waiver of plat process. Ms. Marrero informed the Board
that Mr. Eduardo Rodriguez, Jr currently is the owner of the property and he will accept
the conditions and preserve the trees and the character of the property. Furthermore, the
applicant stated he would not further sub - divide the property.
At this point, Mr. Morton opened the public hearing.
Applicant: Eduardo Rodriguez Jr. 6200 SW 67 Ave.
Ines Marrero 1 SE 3 Ave. - representative for the
applicant
Speakers: NAME ADDRESS
Tony Sellers 6310 SW 67 Ave. - supported application
Mr. Sellers stated that he was a speaker at the Planning Board meeting of November 25,
2003, at which time he voiced his opposition, however, he was now in complete favor of
the application because the applicant took into consideration the neighbors' concerns and
addressed them properly.
Mr. Commediero wanted the record to show that the applicant has promised to save as
many trees as possible on the subject property.
Motion: Ms. Yates moved to approve the waiver of plat application with the condition
that the owner dedicates to the City the new right of way (982sq. ft.) used to create the
expanded street frontage for the property. Mr. Coimendeiro seconded the motion. The
motion was approved by the following vote.
Vote: Ayes 6 Nays 0
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