Planning Board recommends tentative plat for 5865 N. Kendall Drive with conditions

The Planning Board of the City of South Miami voted 3-1 to recommend approval of a tentative plat application from All 50 Investments LLC to subdivide a vacant parcel at 5865 North Kendall Drive, subject to seven conditions that staff said must be resolved before City Commission consideration.

Marcus, the planning staff presenter, told the board the applicant’s survey and tentative plat show a concrete wall that "encroaches at least 1 foot into the property on the western property line" and a portion of a chain-link fence that "encroaches into the right of way." He also said the plans did not meet a cumulative side-yard width requirement and that the conceptual plan must clarify how much front-balcony encroachment is proposed (code allows up to 36 inches).

The parcel sits on South Miami’s southern border and partly in the Village of Pinecrest; Marcus said the city and Pinecrest have an interlocal agreement that assigns administration for these parcels to South Miami but that Pinecrest will be notified and could comment to the Commission. Marcus also noted a comment from the South Florida Water Management District that the tentative plat map lists Snapper Creek at 160 feet while the survey’s description lists 180 feet, and asked the applicant to correct the discrepancy.

Applicant representative Damien Thomason said the applicant "We we are are have no issues with any of staff recommendations." Thomason argued that when actually platted the proposed lots will be regular (four-corner) lots even though a small portion of the property lies in Pinecrest.

Board members discussed whether a question of ‘‘irregular parcel’’ status should be treated conservatively. Staff recommended the City Commission consider a four-fifths vote if the Commission determines there is an irregularity created by the split jurisdiction. After discussion, Chair Christina Ortega moved to recommend approval with the staff conditions and board comments; the motion was seconded and passed in a roll-call vote recorded as 3-1.

The board instructed staff and the applicant to correct the items noted — including the encroachments, the cumulative lot-width calculation, balcony encroachment dimensions and the Snapper Creek map correction — prior to final plat action by the City Commission. The recommendation will be forwarded to the Commission, which has the final decision on the final plat and any required voting threshold.

Next steps: staff will incorporate the board’s recommended conditions into the record and the item will appear before the City Commission for final plat approval; staff cautioned that unresolved conditions would prevent Commission approval.