08-03-04 Item 8To: Honorable Mayor, Vice Mayor and Date: August 3, 2.004
Commission Members
- - - a ITEM No. Is
From: Maria Davis 1 RE: Waiver of Plat
City Manager 1 6706 SW 67th Avenue
RESOLUTION
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 6706 SW 67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN
"RS -1" ESTATE RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A LEGAL
DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
The applicant, Jose Gonzalez, has submitted an application for Waiver of Plat in order to divide a
2.23 acre tract of land described as property Folio 09- 4026- 008 -0010 located at 6706 SW 67th
Avenue. The applicant wishes to divide the tract into Parcel 1 with 48,164 square feet of lot area
and Parcel 2 with 49,188 square feet of lot area. Both parcels would face SW 67th Street.
APPLICABLE REGULATIONS
Land Development Code
Section 20 -3.5 Dimensional Requirements (Attached)
• Section 20- 4.2(b) Land Subdivision Regulations (Waiver of Plat) (Attached)
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
the surrounding area (this shall be demonstrated using copies of the
Waiver of Plat — 6706 SW 67'' Ave.
August 3, 2004
Page 2
official plat snaps 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 -1 "Estate Residential"
(b) Use: Single - Family
(c) Lot size: 97,353 s.f. Minimum lot size 40,000 s.£ required.
(d) Building Frontage: 322 feet. Minimum frontage 125 feet required.
Parcel "1 "•
(a) Zoning Designation: RS -1 "Estate Residential"
(b) Use: Single- Family
(c) Lot Size: 48,164 s.f. proposed. Minimum lot size 40,000 s.f. required.
(d) Building frontage: 159 feet proposed, Minimum frontage 125 feet required.
Parcel "2 ":
(a) Zoning Designation: RS -1 "Estate Residential"
(b) Use: Single- Family
(c) Lot Size: 49,188 s.f. proposed. Minimum lot size 40,000 s.f. required.
(d) Building frontage: 138 feet proposed, Minimum frontage 125 feet required.
STAFF OBSERVATIONS
(1) The proposed waiver of plat would create two single residential properties, zoned RS -1
"Estate Residential ". Both of the proposed parcels exceed the RS -1 minimum required lot size
and street frontage.
(2). The applicant's submitted site plan shows a new single family home on each parcel. All of
the existing structures currently on the site are to be removed. Most of the existing trees and
other landscape features will be saved. The frontage of the property on SW 67th Ave. has an
unusual sunken pedestrian walking area. The applicant should be required to build a sidewalk
along the frontage of the two parcels facing SW 67th Street. The approval of the waiver of plat
should include as a condition the approval of the submitted site plan with the addition of the
pedestrian sidewalk. (Note Staff at the meeting, concurred with the Board that the most
appropriate pedestrian walkway reconstruction to be required of the applicant would be
Waiver of Plat — 6706 SW 67 "' Ave.
August 3, 2004
Page 3
along SW 67th Avenue (Ludlam) side of the property.
(3) The property is across the street on the east side from a PUD -R zone ( Davis Gardens); south
is the RS -2 zone (single family) ; north / west is the RS -I zone (single family).
(4) An analysis of the size of 44 surrounding lots within the standard 500 foot radius indicates
that the both parcels would be larger than 84% of the surrounding comparable single family
home sites. (PUD -R site not included). The proposed parcels are larger than all other surrounding
single family building sites in the RS -2 and RS -3 zones. Within the RS -1 zone district Parcel 2
will be larger than 61% of the sites and Parcel 1 will be larger than 46% of the sites in that
district.. (A staff produced list and map showing the lot sizes within the 500 foot radius is
attached).
(5) The new building sites created will be free of any encroachments, which could impact
construction or dimensional requirements.
PLANNING STAFF RECOMMENDATION
The waiver of plat application meets the basic criteria for judging a request, relating to lot size,
non - conformity, and encroachments. It is recommended that the waiver of plat application be
approved with the following conditions:
(1) The applicant /owners must construct a pedestrian sidewalk on SW 67th Avenue prior to or as
part of the construction of each new single family home. The sidewalk shall be constructed in
accordance with the standards set forth by the Miami Dade Public Works Department;
(2) The submitted site plan, as amended by Condition No. 1 above, is approved and shall be
reflected in all future design/ construction plans for the parcels.
PLANNING BOARD ACTION
The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 6 ayes 0 nays to
approve the requested waiver of plat with the following conditions:
(1) All non - conforming yard features are to be removed prior to any new construction;
(2) The applicant must replace the current pedestrian walkway on the west side of SW 67th
Avenue with a bike -path built to County standards;
RECOMMENDATION
After the meeting the Planning Department advised the applicant that a bike -way construction
along SW 67th Avenue (Ludlam) was not acceptable to the City because this area is not
connected to a County bike -way path. The Planning Board's action included a requirement in
which the applicant would re- construct the existing "path" to a County bike -way path standards.
Staff has conducted further investigation and this is not designated as a bike path. It is standard
procedure to require sidewalks be constructed within a new subdivision. The applicant was
advised that construction of a full pedestrian sidewalk on SW 67th Avenue (west side of the
street) would be a required condition. However, the applicant may wish as an alternative, to
Waiver of Plat — 6706 SW 67th Ave.
August 3, 2004
Page 4
construct a sidewalk connection on the east side of SW 67th Avenue. The applicant has stated his
choice would be to make the improvements along the west side of SW 67t Avenue adjacent to
the subject property.
It is recommended that the waiver of plat application be approved with the following conditions:
(1) The applicant /owners must construct a pedestrian sidewalk on SW 67th Avenue prior to or as
part of the construction of each new single family home. The sidewalk shall be constructed in
accordance with the standards set forth by the Miami Dade Public Works Department;
(2) The submitted site plan, as amended by Condition No. 1 above, is approved and shall be
reflected in all future design/ construction plans for the parcels;
(3) All non - conforming yard features are to be removed prior to any new construction.
Attachments
Draft Resolution
Application
Location Map
Property Survey /Waiver of Plat
Site plan -new homes
Survey of property sizes( map /list)
LDC Regulations applicable
Planning Board Minutes 7 -13 -04 Excerpt
Public Notices
MD/DOD /SAY 4
EAComm Items \20 4\ - -04 \6706 SW 67 Av Waiver Report.doc
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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 6706 SW 67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN
"RS -1" ESTATE RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR
A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Mr. Jose Gonzalez, owner of the property located at 6706 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 being to create two building sites; and,
WHEREAS, the Planning Department staff has recommended approval of the application
with conditions, which is based upon the merits of the application as it relates to requirements in
the Land Development Code; and,
WHEREAS, the Planning Board at its July 13, 2004 meeting adopted a motion by a vote
of Ayes 6 and Nays 0, to recommend approval of the waiver of plat application with certain
conditions; and,
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
approve the tentative plat pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
Section 1. The application submitted by Mr. Jose Gonzalez, owner of the property located at
6706 SW 67th Ave. and legally described in Attachment "A ", requesting a waiver of plat,
pursuant to Section 20- 4.2(B) of the Land Subdivision Regulations in order to create two
building sites is hereby approved, subject to the following conditions:
(1) The applicant /owners must construct a pedestrian sidewalk on SW 67th Avenue prior to or as
part of the construction of each new single family home. The sidewalk shall be constructed in
accordance with the standards set forth by the Miami Dade Public Works Department;
(2) The submitted site plan, as amended by Condition No. 1 above, is approved and shall be
reflected in all future design/ construction plans for the parcels;
(3) All non - conforming yard features are to be removed prior to any new construction.
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(2)
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 existingbuilding sites and of the same character as the surrounding
area;
(b) The building sites 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 sites created are free of encroachments from abutting
buildable sites.
Section 3. LEGAL DESCRIPTION: SEE ATTACHMENT "A "
Section 4. The site plan submitted on July 7, 2004, by the applicant, as part of the
record for this City Commission meeting prepared by HADONNE Inc. Professional Land
Surveyors and Mappers, shall be amended as set forth in Condition No. 1 above and shall serve
as the guiding plan for development of the site.
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
See Attachment "A"
E: \Comm 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- 6706 SW 67t" AVENUE
PARENT TRACT
Tract 1 of, "NELSON HOMESITES ", according to the Plat thereof, as recorded in
Plat Book 39, at Page 57, of the Public Records of Miami -Dade County, Florida.
Containing 97,353 square feet (2.23 Acres) more or less by calculations.
PARCEL 1
The West 159 feet of Tract 1 of "NELSON HOMESITES according to the Plat
thereof, as recorded in Plat Book 39, at Page 57, of the Public Records of Miami -Dade
County, Florida.
Containing 48,164 square feet (1.11 Acres) more or less by calculations.
PARCEL 2
Tract 1, less the West 159 feet of "NELSON HOMESITES" , according to the Plat
thereof, as recorded in Plat Book 39, at Page 57, of the Public Records of Miami -Dade
County, Florida.
Containing 48,188 square feet (1.13 Acres) more or less by calculations.
Property Address: 6706 SW 67th Avenue, South Miami Florida 33143
Folio. No.: 09- 4026- 008 -0010
E: \Comm Items \2004 \8- 3- 04\Legal Desc 6200 SW 67 Ave.doe
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- PUBLIC HEARING - 8/3/2004
FOR THE CREATION OF TWO BUILDABLE LOTS, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
07/23/2004
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 securing is advqA4apment for publication in the said
newspap .
Sworn to and subscribed before me this
23 LY 2004.
(SEAL)
Maria I. Mesa
O.V. FERBEYRE personel
IF ) rMo0ammission DD293055
Expires March 04r 200E
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City of South Miami
Planning & Zoning Department
6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305)6613 -6327 Telefacsimile: (300666 -4591
Application For Waiver of Plat
Address of Subject Property: 6706 SW 67 AVE
Lot(s) Block Subdivision NELSON
PB 39 - 57 HOMESITES
Meets &Bounds:
TRACT 1
Applicant: JOSE E. GONZALEZ
Ptt °na' 305 -595 -3735
Representative:
Organization:
Address:
_...:
Phone:
Property Owner LEE P SEVALD & W KAREN L
Signature: 4
Mailing Address: 6706 SW 67 AVE
Phone: 305 - 661 -2461
Surveyor: A. FIORE & ASSOCIATES
Phone: 305- 221 -3040
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_Owner Owner's Representative X Contract to purchase . rOption to purchase — Tenant/Lessee
�iease answer the following:
Zoning District: RS-1
Septic Tank or Sewer. SEPTIC TAN
Public or. Well Water Supply: WELL WATER
Lot Frontage(s): 305
Net .Lot Area(s): 97,574.
Setbacks for Existing Building(sy.
Existing Building Coverage(s):
Existing impervious Coverage(s)
F.A.R. (For Commercial Only):
Abutting Streets t Right -of- way's:
SUBMITTED MATERIALS _....
PLEASE CHECK ALL THAT APPLY:
X Application Form to.—
X Warranty Deed(s) p/
X Letter from Owner(s) t�
— Power of attorney
X Contract to purchase r
X Waiver of Plat (22 copies)
(Signed & Sealed by a Registered Surveyor)
X Required Fee c/
X Existing Tree survey
X Proposed Site Pla
The enders' ed has read this " mpleted application and represents that the information and all submitted materials are true and
correct tat a >sest of e a is knowledge and belief.
7
Z_7e�Z
Applic nt's Signature and title - Date
Upon receipt, applications d 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 piled City Approval County Approval
Concurrency
Method of Payment
Rev. 11 -12 -02 f �i` '"� � '6Y 611 -5-10 3
City of South Miami
PB -04 -010 Waiver of Plat
6706 SW 67th Avenue
6875
L6865 6825 6775 6765 i 6390 0 6390 6641 6621 6601 6551 6521 6350 6351 6350
HARDEE DR ) SW 64TH ST 6aa1
6890
6800
6790
6776
6700
6630
6610
6540
6506
6502
Q
6401
6400
6420
E15
6629
6609
6521
651 16501
6421
6450
6510
Q
6511
Ci
r
6648
Cho
C.0
CO
CD
Cep
RS -1
37,897
43,500
43,560
43,996
46,391
47,787
48,787
48,918
49,905
53,884
54,450
74,923
97,705
REV 07 -01 -04 (LF)
WAIVER OF PLAT
6706 SW 67 AVENUE
RS -2
15,320
17,375
17,377
17,492
17,526
17,625
17,632
17,632
17,632
17,731
17,750
17,753
17,753
17,793
18,326
21,472
21,838
21,859
u
RS -3
9,238
9,686
9,713
10,400
10,400
10,455
11,481
11,481
12,007
12,130
12,358
12,358
43,560
20 -3.5
SOUTH MIAMI LAND DEVELOPMENT CODE
(D) Reserved.
Section 20 -3.5E
DIMENSIONAL REQUIREMENTS
IcJIl`\ 0_LE- FAP. ?1 DISTRICTS
REQUIREMENT
RS-1 RS -2
RS :3
RS -4
RS -5
Min. Lot Size
Net Area (sq. ft.)
40,000 15,000
10,000
6,000
6,000
Frontage (ft.)
125 100
75
60
50
Min. Yard Setbacks (ft.)
Front
50 35
25
25
25
Rear
25 25
25
25
25
Side (Interior)'
For struc- 12.5 10
7.5
7.5b
7.5b
ture 121 or
less in -
height, as
mea-
sured
from the
first floor
finished
floor ele-
vation
Portion of 25 20
15°
100
7.5
structure
above 12'
high as
mea -
sured
from the
first floor
finished
floor ele-
vation
Side (Street) 20 15 15 15 15
Max. Building Height
Stories 2 2- 2 2 2
Feet 25 25 25 25 25
Max. Building Coverage ( %) First floor 20 30 30 30 30
Second 60 60 60 60 60
floor:% of
the first
floor
Max. Impervious Coverage ( %) 30 40 40 45 45
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
b Except that additions to existing structures may have 5 feet interior side setbacks where
any portion of the building already has a 5 feet setback.
For pre - existing improved lots of record in the RS3 or RS4 districts, that are 50 feet or less
in lot width, the second floor setback shall be the same as the first floor setback.
Supp. No. 8 50� �.
i
OTHER REGULATIONS
20 -4.2
20 -4.2 Land subdivision regulations.
(A) Applicable Regulations. The subdivision of all land within the city shall be subject to
Chapter 28 of the Dade County Code of Ordinances and administered by the Dade County
Department of Public Works.
(B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
structurally altered within the city shall be located on a platted lot, except that the city
commission may waive platted lot compliance in accordance with section 28 -4 of the County
Code and the procedures set forth below.
(1) Waiver -of -Plat Awaiver -of -plat may be approved by the city commission. Prior to city
commission approval, the application shall be reviewed by the planning board. The
subject property shall be posted ten (10) days prior to the planning board review of the
application, and mailed notice shall be provided to all property owners within a five
hundred -foot radius of the subject property.
(2) City Commission Findings. Prior to approving a waiver -of -plat, the city commission
shall use the following guidelines:
(a) The building site created by the proposed waiver -of -plat will be equal to or larger
than the majority of the existing building sites and of the same character as the
surrounding area (this shall be demonstrated using copies of the official plat
maps for the subject property and surrounding neighborhood).
(b) The building site created by the proposed waiver -of -plat will not result in existing
structures becoming nonconforming as they relate to setbacks and other appli-
cable regulations of these land development regulations.
(c) The building site created by the proposed waiver -of -plat will be free of encroach-
ments from abutting buildable sites.
_(3) Additional Conditions. The city commission may designate such additional conditions
in connection with a waiver -of -plat as will, in its opinion, assure that such waiver -of-
plat will conform to the foregoing requirements. .
(4) Additional Application Requirements. As part of the required waiver -of -plat applica-
tion, applicants shall be required to submit a proposed site plan for the resulting
building parcels, an existing tree survey (may be included in property survey) which
shall indicate any proposed tree removal or relocation necessary, and, if so, the
appropriate city application for tree removal or relocation.
(C) Improvements Required.
(1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer in
accordance with Chapter 28 of the County Code and other applicable city require-
ments, unless such can be and are waived or deferred by the city commission.
(2) No building shall be erected, improved, modified, altered'or enlarged in any zoning use
district, other than in an RS residential district, unless proper public improvements
have been installed.
Supp. No. 7 75
20 -4.2
SOUTH MIAMI LAND DEVELOPMENT CODE
(D) Creation of Authorized Building Sites.
(1) No building permit for the construction of any structure within the city shall be issued
until an authorized building site has been created which meets at least one (1) of the
following C14 or ;a:
(a) Is part of a recorded subdivision plat;
(b) Is part of an officially approved planned unit development which:
i. Provides for all utility and drainage easements, alleys, streets and other
public improvements necessary to meet the normal requirements for plat-
ting, and
ii. Includes the designation of building areas and easements, all eys and streets
required and properly dedicated, and necessary public improvements; or
(c) Fronts upon a dedicated public street and was separately owned prior to the
effective date of this Code or annexation to the city;
(2) Wherever there exists a single - family dwelling unit which was constructed on a
building site containing two (2) or more platted. lots, the nonconforming lot of record
provisions in this Code shall apply.
(3) Established building sites shall not be reduced in any manner to a size which is less
than that required for the zoning district in which located.
COrd. No. 9- 02- 1777, § 1, 9- 17 -02; Ord. No. 22 -01 -1753, § 1, 10 -2 -01)
20 -4.3 Sign regulations.
(A) Purpose and Intent. Regulations affecting the design, erection and maintenance of signs
are established for the purpose of ensuring equitable means of graphic communication, while
maintaining a harmonious and aesthetically pleasing visual environment within the city. It is
recognized that signs form an integral part of architectural building and site design and
require equal attention in their design, placement and construction.
(B) Applicability and Definitions. No sign, unless herein excepted, shall be erected,
constructed, posted, painted, altered or relocated, until a permit has been authorized and
issued by the Building and Planning Department pursuant to this Code and the required
submittals in Section 20- 4.3(J). Signs in all zoning districts, except for PUD districts, shall be
subject to the regulations in this section. Permitted _ sign regulations for PUD districts are
referenced in those sections of this Code. Words and phrases used in this section shall have the
meanings set forth below.
Beacon. Shall mean any light with one single, vertical beam directed into the atmosphere.
Pole Sign, portable commercial parking lot. Shall mean a single freestanding pole, not
exceeding an overall height of six feet. The pole sign is restricted to the international parking
symbol of P inside a circle with an area not exceeding 2.5 sq. ft. The sign shall have a reflective
surface.
Supp. No. 7 76
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 13, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:47 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, Ms. Yates, Ms. Gibson,
Mr. Comendeiro, Mr. Liddy, and Mr. Illas.
Board members absent: Mr. Mann.
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning
Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
PB -04 -010
Applicant: Jose Gonzalez
Location: 6706 SW 67th Ave.
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 6706 SW 67 AVENUE,
SOUTH MIAMI, FLORIDA WITHIN AN "RS -1" ESTATE RESIDENTIAL ZONING
USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
Planning Board Meeting
July 13, 2004
Page 2of3
Note: Chairman Mr. Morton returned to the meeting.
Action: Mr. Comendeiro read the item into the record. Mr. O'Donniley presented the staff
report. He explained that the applicant has submitted an application for Waiver of Plat in
order to divide a 2.23 acre tract of land described as property Folio 09- 4026- 008 -0010
located at 6706 SW 67th Avenue. The applicant wishes to divide the tract into Parcel 1 with
48,164 square feet of lot area and Parcel 2 with 49,188 square feet of lot area. Both parcels
would face SW 67th Street.
Mr. O'Donniley stated that in addition to having 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. (He also made the following staff observations:
(1) The proposed waiver of plat would create two single residential properties, zoned RS -1
"Estate Residential ". Both of the proposed parcels exceed the RS -1 minimum required
lot size and street frontage.
(2) The applicant's submitted site plan shows a new single family home on each parcel.
All of the existing structures currently on the site are to be removed. Most of the
existing trees and other landscape features will be saved. The frontage of the property
on SW 67 Ave. has an unusual sunken pedestrian walking area. The applicant should
be required to build a sidewalk along the frontage of the two parcels facing SW 67th
Street. The approval of the waiver of plat should include as a condition the approval of
the submitted site plan with the addition of the pedestrian sidewalk.
(3) The property is across the street on the east side from a PUD -R zone (Davis Gardens);
south is the RS -2 zone (single family); north / west is the RS -1 zone (single family).
(4) An analysis of the size of 44 surrounding lots within the standard 500 -foot radius
indicated that both parcels would be larger than 84% of the surrounding comparable
single - family home sites. (PUD -R site not included). The proposed parcels are larger
than all the other surrounding single family building sites in the RS -2 and RS -3.
Within the RS -1 zone district Parcel 2 will be larger than 61% of the sites and Parcel 1
will be larger than 46% of the sites in that district.
(5) The new building sites created will be free of any encroachments, which could impact
construction or dimensional requirements.
The Board, applicant and staff discussed this request. The applicant stated to the Board that
he preferred to repair the sidewalk on SW 67th Avenue, rather than create a new sidewalk
on SW 67th Street. Board member Ms. Yates stated that she considered it important for
every major roadway to have a sidewalk. The Board and staff also commented on the
possibility of raising the sidewalk higher.
At this point, Mr. Morton opened the public hearing
Planning Board Meeting
July 13, 2004
Page 3 of 3
Applicant: Jose Gonzalez
Speakers:
NAME ADDRESS
Manny Mora 6761 SW 68th Street Supported application
Mr. Mora stated he did not have any objection with the waiver of plat. However, he did not
agree with creation of a new sidewalk on SW 67th Street.
Chris Kursner Neutral
Ms. Kursner indicated she considered the guardrail on SW 67th Avenue of great
importance and indicated that if it were removed, in order to put a wider concrete sidewalk
then the beauty of the area would be ruined. In addition she said she would like to see the
area surrounding the sidewalk cleaned up. Finally, she stated her preference for the
construction of one house on the property.
David Tucker, Sr. 6556 SW 78th Ter. Supported application
Mr. Tucker spoke about the Board's consideration for raising the sidewalk on SW 67th
Avenue; he stated the importance of having drainage for the area if that were done.
Martha Gonzalez 6740 SW 67th St. Supported application
Ms. Gonzalez stated she would like two houses built on the property and disagrees with the
creation of the sidewalk on SW 67th Street. She noted that SW 67th Avenue really needs
improvement.
Karen Sevald 6706 SW 67' Ave Supported application
Ms. Sevald (current owner) informed the Board that a natural sink whole was converted
into what now is the pond /pool and grotto.
The Board, staff, and applicant discussed the site plan because it appeared on the site plan
that the pond was being removed. The applicant clarified that he intends on keeping the
pond. Staff then concurred with the Board that the most appropriate phedestrian walkway
reconstruction to be required of the applicant would be along SW 67' Avenue (Ludlam)
side of the property.
Motion: Mr. Comendeiro made a motion to approve the waiver of plat with the following
conditions:
(1) All non - conforming yard features are to be removed prior to any new construction;
(2) The applicant must replace the current pedestrian walkway on the west side of SW
67th Avenue with a bike -path built to County standards;
Ms. Gibson seconded the motion.
Vote: Ayes 6 Nays 0