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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 1 2 3 4 5 6 7 8 9 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 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; 1 2 3 4 5 6 7 8 9 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 54 (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 6200 SW 67th Avenue 6871 1 6841 1 6825 1 6801 1 6795 1 6775 1 6745 1 6735 1 5840 6700 6886 6840 6830 6800 6790 6770 6750 5920 6800 5821 15850 6699 6679 6541 0 6531 6501 5855 5856 5903 5904 5923 5924 6609 5943 5944 5 6001 964 6004 6646 6626 6606 6520 6500 Q. "53 6050 6645 6625 6605 6525 6501 SW 61 ST ST sw o 6644 6624 6604 6540 6512 6120 q614O 6045 SUBJECT 6750 PROPER 6643 6623 6003 6541 6521 6140 6150 III 6860 6845 6800 6790 6780 6770 6865 6825 6775 V. f'— 6390 0 6390 co 0 SW 64TH ST � HAR 6505 6585 JVV 00 1 h 5 1 6830 6810 6790 6750 0 300 600 6500 6642 6622 6602 6524 6514 6504 6161 151 6649 6629 6609 6605 6202 6201 62 SW 62ND TE 6212 6210 6211 62 6648 6628 6608 6221 6240 62 6647 6627 6607 6241 SW 63RD TE 6310 6311 63 6596 6646 6626 6606 6330 6331 63 6641 6621 6601 6551 6521 6350 6351 63 EE DR F6650 6630 6610 6540 6506 6502 6401 CG7 C 6649 6629 6609 6521 6511 6501 6421 r C 6511 0 D 6648 6628 6608 6520 6700 6890 6800 6790 6776 6521 6511 6501 6450 6505 6585 JVV 00 1 h 5 1 6830 6810 6790 6750 0 300 600 6500 6642 6622 6602 6524 6514 6504 6161 151 6649 6629 6609 6605 6202 6201 62 SW 62ND TE 6212 6210 6211 62 6648 6628 6608 6221 6240 62 6647 6627 6607 6241 SW 63RD TE 6310 6311 63 6596 6646 6626 6606 6330 6331 63 6641 6621 6601 6551 6521 6350 6351 63 EE DR F6650 6630 6610 6540 6506 6502 6401 CG7 C 6649 6629 6609 6521 6511 6501 6421 r C 6511 0 D 6648 6628 6608 6520 6510 6500 6647 6627 6607 6521 6511 6501 6521 6531 SW 65TH TE 0 6646 6626 6606 6520 6510 6500 6551 ' 6 0 602 Feet Kira, 1,200 1,500 4k, . (� S 68 CT xv i V c4G, *ol 50 -,� _ _ _ (1 C. �. 0 ® 50 SO 67 w a o C � I w _ r� W � N I a W ga 4WD - _r i �, _ v► a sp iii �► ^ Cb �a Na 4 � = I w I rry _ rn Q ® w Aft �e �o e o w a ® w ti � cs. N N ®"��. I V 50 50 S #S JFJaRIlOr Yt18 _01Les t —s v 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. 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