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Ord. No. 11-05-1833ORDINANCE NO. 11-05-1833 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CI3ANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT -MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Application No. PB- 04 -015A was submitted to the Planning Department by Codina Development Corporation, said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed - Use-4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District.; and WHEREAS, the purpose of the change of zoning is to permit construction of a mixed use project including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space ; and WHEREAS, the proposed rezoning is consistent with the Future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, after review and consideration, the Planning Department recommended approval of the application with conditions; and WHEREAS, on September 27, 2004, after Public Hearing regarding the proposed rezoning application, the Planning Board recommended approval with conditions by a vote of 6 ayes I nay ; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties for, changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: 1) Applicant shall submit a Development Agreement which includes: (a) an agreement that within five years the developer will pay for or produce 3.2 acres of land for public park or Ord. No. 11 -05 -1833 2 (2) recreational purposes; (b) an agreement that 10% of the multi - family units constructed shall be classified and marketed as affordable housing units. (2) Applicant shall provide evidence of concurrency compliance by submitting to the City the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (3) The applicant shall provide to the City a Unity of Title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. (4) Additional requirements relating to the approval of the PUD -M Master Site Plan shall be incorporated in the Development Agreement. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of ' 2005 ATTEST: APPROVED: Y CLERK I" Reading- 10/19/04 2nd Reading- 4/9/05 READ AND APPROVED AS TO FORM: CITY ATTORNEY OR COMMISSION VOTE: 4 -0 Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar Yea E: \Comm Items \2005 \3 -28 -05 Special \Rezoning -TODD to PUD -M Ord.doe South Miami CITY OF SOUTH MIAMI bylt� OFFICE OF THE CITY MANAGER M- mnericacftv INTER - OFFICE MEMORANDUM 11111.1 2001 To: Honorable Mayor, Vice Mayor Commission Members From: Maria Davis City Manager �n 'kaf ORDINANCE Date:. April 9, 2005 ITEM No. Re: LDC Rezoning: TODD(MU -4) to PUD -M: Codina Development Corp. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE -OFFICIAL ZONING MAP OF THE CITY OF SOUTH NIIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT MIXED USE-4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROTECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; vunvmnvG Fnu nxrnrvpINCES IN CONFLIrT; AND PROymING AN FFFF.CTTYE DATE, SUMMARY OF REQUEST The applicant, Codina Development Corp., is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space. According to the information submitted with the application, the dwelling unit density will be 58.4 units per acre. The floor area ratio for the total proposed project is listed as 1.54. The complex is to be called "Red Road Commons ". The current zoning on the subject property is "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District. The applicant is requesting a zone change for the property to PUD -M, Planned Unit Development -Mixed Use. The current TODD(MU -4) Zoning District permits residential and commercial uses, permits two stories in height and does not limit development with a maximum floor area ratio or units per acre formula. The PUD submission is to be considered in two parts. The first is a zone map change ordinance which creates the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are LDC Rezoning March 28, 2005 Page 2 of 7 dealt with as part of the zone map change. The second part is the applicant's request for approval by resolution of the specific PUD development plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. APPLICABLE REGULATIONS Planned Unit Development (PUD) is a zoning district which can be applied for and created on the City's official zoning map if a development is to be done as a unit under single ownership and has one or more principal buildings. A PUD encourages design flexibility in location of buildings, open space, and provision of amenities. Development in a PUD district does not follow standard dimensional requirements (setbacks, heights of buildings), floor -area- ratio, or dwelling units per acre. These standards are set forth in advance as part of the submitted master site plan. The following sections of the City's Land Development Code govern the general design, development, and review of a PUD application: Section 20 -3,7 (A) -(B) Planned Unit Development — provides design guidelines for all PUD's regulating density, traffic, screening, off - street parking, service areas, building heights, and pedestrian amenities. Section 20 -3.7 (E) PUD -M, Planned Unit Development- Mixed Use- specific regulations governing uses allowed, minimum development site size and location. PUD -M is one of three PUD types. Section 20 -5.12 Planned Unit Development approvals — sets forth regulations governing the review- procedures and- snb =.a�zegements f X11- =bTT'Y s. Section 20 -4.1 Adequate public facilities and services (Concurrency)- establishes level of services (LOS) standards for water and sewage, solid waste, traffic, and recreation / open space. These standards are reviewed at the development permit stage for major new construction projects. SITE ANALYIS The subject property is bounded by SW 68`i' Street on the south, SW 57`h Ave. on the east, SW 66th Street on the north. The west boundary is a FPL transmission facility and a driveway into the City's Community Center. The property is occupied by a parking lot and three one -story buildings used for offices, a real estate school, a foreign consulate, a social service agency and a night club. LDC Rezoning March 28, 2005 Page 3 of 7 Surrounding Parcels DEVELOPMENT ANALYSIS 1. Comprehensive Plan: The project site is within the TODD Future Land Use category which encourages a mix of uses. The district was developed to take advantage of its proximity to the Metro Rail. The category allows for flexible building heights up to a maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current art" jutttre�'esidents ojtlie City eJSeutli Mismi -with �ecialfoeus -on -in dl and redevelopment ........ Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi family projects ............. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metro Rail transit station by creating a district for the new growth which is contained and transit - oriented, thereby relieving the pressure for commercial re- zonings outside of this core area Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. 2. Minimum Requirements: The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant has provided a sealed survey indicating that the project site is 1134 feet from the Comprehensive Plan Land Development Code Actual Use Existing Land Use Existing Zoning District Category North Single Family Residential RS4, RM 18., Single Family homes Multifamily Residential Single Family Residential Apartments Low density multi- family East ----` - - --- Church South TODD TODD(LI -4) Light industrial; warehouses, social service agency West Public Institutional PI, Public Institutional; RS-4 FPL Sub station DEVELOPMENT ANALYSIS 1. Comprehensive Plan: The project site is within the TODD Future Land Use category which encourages a mix of uses. The district was developed to take advantage of its proximity to the Metro Rail. The category allows for flexible building heights up to a maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current art" jutttre�'esidents ojtlie City eJSeutli Mismi -with �ecialfoeus -on -in dl and redevelopment ........ Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi family projects ............. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metro Rail transit station by creating a district for the new growth which is contained and transit - oriented, thereby relieving the pressure for commercial re- zonings outside of this core area Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. 2. Minimum Requirements: The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant has provided a sealed survey indicating that the project site is 1134 feet from the LDC Rezoning March 28, 2005 Page 4 of 7 Metro Rail station.(see attached) 3. Uses Permitted: The PUD -M allows a limited number of uses which are listed in Section 20 -3.7 (E) of the LDC. It includes retail establishments and multi - family residential uses being proposed by the developer. 4 Density- Number of Dwelling Units: The proposed development, as submitted has 407 dwelling units or a density of 58.3 dwelling units per acre. PUD regulations specify that the number of units permitted shall be governed by the Comprehensive Plan land use category in effect for the site. The TODD land use category does not provide limitations on number of units as long as the required parking is provided. 5 Density- Floor Area Ratio: The applicant's proposed floor area ratio is 1.54. PUD regulations specify that intensity or FAR of a project is governed by the Comprehensive Plan land use category in effect for the site. The TODD land use category does not provide a specific FAR limitation. 6 Dwelling. Units - Minimum Floor Area: The applicant's proposal indicates a range of dwelling unit types, including 175 one - bedroom units; 201 two - bedroom units; and 31 four bedroom units. The size of the units range from 604 sq. ft. for a one bedroom; 887 and 946 sq. ft. for two bedroom units; 1785 sq. ft. for four bedroom units. 7 Dwelling Units- Minimum Average Size The applicant's proposal provides that the average size for all of the dwelling units is 842 square feet. PUD regulations do not require a minimum average size for dwelling units. As part of the redraft of the LDC, the City's -Zoning IaSK Force recommen a resi en must maintain a minimum average dwelling unit size of 800 square feet. It is felt that this standard would assure a quality level of dwelling units in residential projects. 8. Building Height: The applicant is proposing to build a total of six residential buildings The building heights vary. There are four and five story buildings in the south and center part of the development and a four story building facing SW 57 Avenue on the east side. A three story building will face single family homes on the north side with the interior portion of that building being four stories. At the northeast comer is a four story building opposite the existing multi - family complex. A five story parking garage covers most of site on the west side abutting the FPL facility. Current PUD regulations do not specify specific height limits. The Code states that project buildings must take into account surrounding heights of buildings and the limitation on heights set forth in the assigned Comprehensive Plan's land use category (up to eight stories). 9. Parking Requirements: The applicant is providing 1,028 total parking spaces, which includes a parking garage, a small surface lot and on -site street parking. The total number of required parking spaces for the proposed re- zoning (including residential and retail uses) is 948. 10. Affordable Housing: The City of South Miami has made a commitment to support and LDCRezoning March 28, 2005 Page 5 of 7 encourage the creation of affordable (moderate priced) housing units. The Comprehensive Plan specifically sets forth the following housing policies : Policy 1.3.5 The City will support and assist the efforts of private organizations to construct at least five affordable housing units per year. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed - use /residential multi family projects containing affordable housing units. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5% of the units as affordable housing units. it Adequate Public Facilities- Concurrency: The applicant's project is above the concurrency threshold limits, thereby requiring an assessment for meeting the level of service (LOS) concurrency standards listed in Section 20 -4.1 of the Land Development Code. For purposes of this report, presented below is a summary of the developers' responsibilities related to concurrency: a) Solid Waste • LOS and capacity to be determined by Miami -Dade County based on capacity of the transfer facility. -te provide espy o =` cer traet toMae Git? loper b) Water and &)wa • LOS and capacity to be determined by Miami -Dade County • Developer to provide evidence of approval of appropriate County and State agencies c) Drainaze • Concurrency evidenced by compliance with Florida Building Code and approved by DERM. d) Traffic /Streets • Applicant has submitted a Traffic Impact Study showing reduced PM peak trips after PUD is constructed; and major intersection at LOS - B • Additional traffic counts at certain intersections requested in order to determine needed traffic signalization adjustments or lane improvements • Note: the site is located within a City designated Infill and Redevelopment Area and is exempt from meeting transportation concurrency standards (Comprehensive Plan, p.65). However, the impact of the proposed development on traffic operations will be covered in the review of the resolution adopting the submitted master site plan. LDC Rezoning March 28, 2005 Page 6 of 7 e) Schools • Project impact to be determined by Public Schools. • Dade County Public Schools has been notified of the project and staff invited to sit with Planning Board at hearing. • The Developer shall provide evidence of assessment or mitigation agreement with Dade County Public Schools. J) Recreation Facilities • Project population estimate- 927 • LOS: City Comprehensive Plan: 4 acres per 1000 population. • Capacity: The City is at capacity. • Project will require the addition of recreation land — estimated 3.2 acres • Developer must specify in a development agreement that within five years he will pay for or produce 3.2 acres of land for public park or recreational purposes. (See attached formula to determine concurrency costs) STAFF OBSERVATIONS The proposed rezoning is consistent with and supports the goals and policies of the City's Comprehensive Plan (See No. 1, Development Analysis above). 2. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the 3. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report ", which calls for mixed use development on this site (p.33). 4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force's subcommittee on TODD carved out considerable study on the district. At that time it was recommended that this site be re -zoned to allow 4 stories plus 2 additional stories as a bonus. The recommendation also suggested a height limit of 3 stories across from the residential areas on the north side of the property. The PUD -M re- zoning will allow development as specified in the Master Site Plan as submitted. Buildings indicated at four and five stories on this plan will be approved as part of the master site plan approval. The proposed master site plan will also be approved with a limit of three stories across from the residential areas to the north. 5. The traffic pattern from a residential development is generally more dispersed throughout the day and night and has less impact on peak traffic. Traffic analysis of the current commercial development as compared with the traffic that will be generated by the proposed residential development, indicates that the proposed land use change may actually reduce LDC Rezoning March 28, 2005 Page 7 of 7 peak hour vehicle trips generated by this property. However, certain traffic operations and management adjustments will be addressed in the review of the resolution approving the master site plan. PLANNING BOARD ACTION The Planning Board at its September 27, 2004 meeting adopted a motion by a vote of 5 aye and 1 nay ( Mr. Illas) recommending approval of the requested zone change with the conditions set forth by staff below. The Board strongly suggested that the developer's contribution related to recreation space should be worked out prior to the issuance of a building permit. CITY COMMISSION ACTION — FIRST READING The City Commission approved the proposed rezoning with the following conditions on first reading at its October 19, 2004 meeting: (1) The applicant shall execute a Development Agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project's PUD Master Site Plan (2) Applicant shall include in the Development Agreement: (a) an agreement that within five years the developer will pay for or produce 3.2 acres of land for public park or recreational purposes; (b) an agreement that 10% of the multi - family units constructed shall be classified and marketed as affordable housing units. (as modified by subsequent changes to the proposed Development Agreement) (3) Applicant 611al i provide evidence of concurre .n the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the City a Unity of Title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. RECOMMENDATION It is recommended that the requested zone change for the property from "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District to "PUD -M ", Planned Unit Development -Mixed Use District be approved on second reading with the conditions set forth above, as modified by ubsequent changes to the proposed Development Agreement. Attachments: Distance from Metro -rail Survey (sealed) Application/Letter of Intent /Location map/ Excerpt Planning Board Minutes- 9 -27 -04 Site Plan / Development Plan Copies of Public Notices MD/DOD /SAY E: \Comm Items\2005\3 -28 -05 Special\Rezoning TODD to PUD -M Abraham Site.doc City of South Miami Application No. PB -04 -015 Zone Map Change TODD (MU -4) to PUD -M Planned Unit Development - Mixed Use 6600 -6640 SW 57th-Avenue 64 ■ m t- m ° 024g° , m m 6340 m 63x5 6340 N° 6325 u m n w J6351 6373 u n e m .- 6669 0 16412 593564! 56411 64T�li■ S. ]Ti■■ ■■■}■���■� ■ ■r ■ ■ ■■■ ■a ■■■v■■ ..SSW a a D D 5944 0 6401 ylpt 5401 6400 6401 6400 64Dt 6400 ■ 6a72 0 ` ° 6411 6411 6410 6411 6410 6411 6410 ` ° D 6429 6425 6443 Fj2 D 6443 6442 6445 % 6421 6421 6420 6421 6420 6421 6420 ° 2 ° 4l 5450 D 20 6456 6461 6431 6480 6430 643D 1 6437 6431 6441 6441 6440 6485 pS )1�4 tLS 65D1 65DD 6501 65DD 6SD1 660 65DD 65D7 -6511 6510 6510 6617 65Y0 D 6516 0 6511 6511 652! 6521 6520 641 6520 6520 6581 653! 6530 6531 653D 6531 6530 6540 'j 0 m 5675 5643 6540 6541 6540 6547 6540 o SW 66TH ST ■ D , 66DD 5963 s�9s 69D0 r R m 0 6607 ■ m ■ , m t°o ■ m m m N° 6647 u m n w m 0 .- 6669 0 5949. 5950 . N N u a m 6907 6845 bo bb �1D t SUBJECT .ao X19 F,798 " X80 M ° g m _ aBm? 618E g � so m �O ds S� S■ 0 300 600 900 Feet 1,200 ■ m ■ , m t°o ■ m m m N° ■ m ■ ■ r SUBJECT .ao X19 F,798 " X80 M ° g m _ aBm? 618E g � so m �O ds S� S■ 0 300 600 900 Feet 1,200 6111 1,500 ■ ■ ■ ■ ■ m ■ t� u ■ ca ■ . i ■ ■ ■ ■ t ■ ■ ■ ■ ■ ■ m ■ ■ r 6111 1,500 ■ ■ ■ ■ ■ m ■ t� u ■ ca ■ . i ■ ■ ■ ■ t City of South Miami Planning &Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (1(K1'663-6326* Fax: (305) 666 -4541 JUL 2 a.2DO4 Application for Public Hearing Before Planning Board & City Commission !biect Prooerfv:6600 — 6640 SW 57 AVFNI 1F I nfrcl PB SEE ATTACHED SURVEY Appncant Phone: (34,,!'520 - e,r a `. � CODINA DEVELOPMENT CORPORATION ­0'n e � JERRY B. PROCTOR, ESQ. Address: Phone: 200 SO. BISCAYNE BLVD., SUITE 2500 MIAMI; FLORIDA 33131 Property Owner: Signature F ANTHONY R. ABRAHAM Mailing Address: Phone :' 6800 SW 57 AVENUE t_oV _3d5- -G�5 -= 2••Lzz -__ AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner.. _X Owner's Representative _ Contract to purchase _ Option to purchase ,_Tenant/Le' ssee IS Text Amendment to LDG Variance X Zoning Map Ar�erttiment: _Speciai..Use- ... _ X PUD Approval .. _ Special Exceptlon L86 P.UD Major Change. Other il y "x Ia! application and cite speck Code sections: SEE ATTACHED LETTER OF INTENT Section:_ Subsection:— Page #:_ Amended Date:_ X• Letter of intent •_XJiasiificafions# car- change- .. _ . _ .. Statement of hardship X Proof of•ownership or letter from owner Power of attdrrley , ' _ Contract to purchase ?f Current survey 0 original sealed and signed/1 reduced copy @ 11" x.17") X 7 copies of Site Plan and Floor Plans reduced copy @ 11 ° x 17" _ 20% Property-owner signatures �Y Mailing labels (3 sets) and map k Required Fee(s) The undersigned has read this completed 'application and.represents that the information and all submitted materials are true and cosect ttqo the best o {{the app cants knowledge and belie£ erg t2QG�fDft»Gn (Pctxttton . q�. cants Signs —_is an33ifle.:__ — _______•o' a_S7 re•'"_': -' :'_'. -- '- °-- - - - --•- -- Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable registrations. Applications found not in compliance will be rejected and returned to the applicant Date Filed Date of PS Hearing Date of Commission Petition Required Petition Accepted 17319M137M # 665595 v 1 ' City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application for Public Hearing Before Planning Board & City Commission JERRY B. PROCTOR, ESQ.. Address. 200 SO. BISCAYNE BLVD., SUITE 2500 COMMERCE LANE ENTERPRISES, INC. Mailing Address: 5757 Sly, 6B STREET. MIAMI, FLORIDA 33143 PB SEE ATTACHED SURVEY Phone; 'JUL 2 2-O&? Signature: Phone: _ Owner. • Owner's Representative X -Contract to purchase- _,Option to purchase —Tenant/Lessee APPLICATION IS HEI PLEASE CHECK THE . Text Amendment to I X• PUDApproval . _ PUD Major Change• W VTE ITEM: Variance _,.Special Use _.Special Exception T Other SeCtl=_ Subsection:_ Page #: - Amended Dater PLEASE CHECKALL THAT APPLY: 'A Letter of intent JusSfications for change: ' Statemant of hardship Proof of ownership or letter from owner _ Power of affomey Contract to purchase . k Current survey (1 original-sealed and signed/1 reduced copy @ 11 'x'17' 7 copies of Site Plan and Floor Plans reduced copy @ IV x 17" 20% Property owner signatures X Mailing labels (3 sets) and map Y Required Fee(s) J The undersigned hasiead this completed application and represents that fhe information and all submitted mater als are true and correct to the best'of the applicants knowledge and belief. AppP{c In s gnaiire and title .... _. _ ._ ... .. . _. Date Upon receipt, applications and all submitted materials w:77 be reviewed fon compliance with Land Development Code and nt8er applicableregistratims. Applications found not in compliance will be rejected and returned to the applicant Date Filed Petition Re Method of 173190\337M 6 695596V t in 1.47 PM Date of PB Hearing Petition Accepted _ Date of Commission BI•LZIN SUMBERG BAENA PRICE & AxELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH 9ISCAYNE BOULEVARD, SUITE PSOD . MIAMI, FLORIDA 331 3 1 -53 4D TELEPHONE: L305)374 -7SBO . FAX: (3O5) 374-7593 E -MAIL: INFOOBILZIN.COM . w. .BILZIN.COM JERRY B. PROCTOR, FSO. DIRECT DIAL: (305) 350 -2361 EMAIL_ JPROCTOR @BILZIN.COM' 7uly28, 2004 `Hand Delivery Mr. Don 0Donniley,.A1CP, Planning Director City of South Miami 6130 Sunset Drive Southh.Miami, Florida 33143 Re: 'Zoning Application by Codina Development Corporation. Address: 6600 -6640 S.W. 57 Avenue (Red Road) and-5757 S:W. 68 Street. ear Donniley:' Please •accept the attached application for, rezoning and plan approval of.a Planned Unit Development (Mixed -Use) Development on the above - styled Property. • The undersigned -represents Codina Development -corporation ( °Codina "), • prospective developer of approximately 7 acres of land located at the southwest comer of SW 66 Street and SW 57 Avenue (Red Road). Codina hereby requests a district boundary change from TODD (MU -4) to Planned Unit Development Mixed -Use (PUD =M), and concurrent site plan approval for development of the Property. Enclosed herewith please find the 'requisite application fee, City -of-South Miami, application fo rms;. proof of ownership of -- plop €rtiesC�rye�satlfepropeit�; P�3tsliooii�e3ajin��blaad 'affid'aviprope ` ...- ' owner notification affidavit, common area report, and, copies of the proposed plans for. the mixed -use development on the Property. -173i60\21531% # 66')239 v 1 7126ID4 2:16 PM BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Don O'Donniley, AICP Jbly2a, 2004 Page t ' Pursuant to the City's Comprehensive Plan.and Section 20- 3.7(e) (Planned Unit Developments -PUD -M Mixed -Use); please notc.the following: 1. The property is designated for Transit - Oriented Development District (TODD) (Flexible Height up to 8 stories) in the City s Comprehensive Plan. The Comprehensive Plan provides as follows: . Transit- Oriented Development District (TODD) (Flexible Height•up to 8 stories). The Transit- Oriented Development District is intended to provide for the development of office uses, office services; office- related retail, retail, retail services, and residential uses in multi -story and •mixed use projects that are characteristic of transit - oriented developments: Permitted heights and intensities shall be set forth in the Land Development Code, including design standards. Zoning regulations shall encourage development within the TODD in coniunction with.limiting new development within. the Special Flood ,Hazard Area. The City shall pursue an incentives program forredevelopment including flexible building heights and .designs standards to insure that responsible, effective and aesthetically pleasing proj ects result. 'The proposed development, as depicted on the attached plans•prepated by Wolfberg Alvarez & Associates, provides retail and residential uses (for rental) and a mixeduse design that complies. with the spirit and letter of the Comprehensive Plan designation for the property. 2.. The PUD -M Zoning District encourages complementary combinations ofuses, including multi- family residential and commercial uses, within 1,200. feet from any _ __. ��IYletioraiL• Station�L3zaye _enclosed�arLaerial� oto a h..irom:IYliamil?ade_C�un which indicates an approximate distance of 1,092•feet between the property and the South Miami Station of Miami -Dade County's Metroraia Corridor. BILZIN SUM$ERG BAENA PRICE & AXELROD LLP Mr. Don O'Donniley, AICP JWy 28, 2004 Page 3 3. The PUD -M District permits multi- family 'residential dwellings, accessory parking lots and structures, and retail stores: 4. The property exceeds the rninimum site area for a PUD -M development of 4 acres. 5. The proposed site plan features considerable pedestrian .access and a reduced intensity of development along SW 66 Streef adjacent to the residential community to the north The proposed intensity of development is compatible with the surrounding. area; which includes the large FPL, transmission facility to the -west, •retail _and industrial zoning and development to the south and southwest, and the higher- intensity apartment and Metrorail facilities in the area. Thank you for your consideration of this applicaiibn. . .very truly, yours, . Jerry B. Proctor JBP:id Encl. c: ' Maria Davis, City Manager CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 27, 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 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. oard members present constituting a quorum: o on, s—G"i son Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann. Board members absent: None City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in speakers PB -04 -015 (A) Applicant: Codina Development Corp. Location : 6600 -6640 SW 57e Avenue and 5757 SW 68`h Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO Planning Board Meeting September 27, 2004 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ACTION: Mr. Mann read the item into record. Mr. O'Donniley presented the staff report. Mr. O'Donniley stated that the applicant is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 409 dwelling units and 12,476 square feet of commercial space. According to the information submitted with the application, the dwelling unit density will be 58.4 units per acre. The floor area ratio for the total proposed project is listed as 1.54. The complex is be called "Red Road Commons ". He explained'the current zoning on the subject property is "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District. The applicant is -req o t' �,a____ h r__ ,t t_ PTTTI_ t_ Mixed Use. The current TODD(MU -4) Zoning District permits residential and commercial uses, permits two stories in height and does not limit development with a maximum floor area ratio or units per acre formula. Mr. O'Dommiley informed the Board that the Planned Unit Development (PUD) submission is to be considered in two parts. The first is a zone map change ordinance, which creates the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part of the zone map change. The second part is the applicant's request for approval by resolution of the PUD master site plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. In addition, Mr. O'Donniley provided the following development analysis of the project: 1. The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant states that the project site is 1092 feet from the Metro Rail station. Planning Board Meeting September 27, 2004 2. The PUD -M allows a limited number of uses which are listed in Section 20 -3.7 (E) of the LDC. It includes retail establishments and multi - family residential uses being proposed by the developer. 3. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5% of the units as affordable housing units. 4. In order to meet concurrency for recreational facilities the developer must specify in a development agreement that within five years he will pay for or produce 3.7 acres of land for public park or recreational purposes. Mr. O'Donniley then reviewed a formula that can be used to determine the concurrency costs. 5. The proposed rezoning is consistent with and supports the goals and policies of the City's Comprehensive Plan. ( See No. 1, Development Analysis above). 6. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 7. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report" which calls for mixed use development on this site. (p.33) 8. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force's subcommittee on TODD carried out considerable study on the district. 9. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. Traffic analysis of the current commercial development as compared with the traffic that will be generated by the proposed residential development, indicates that the proposed land use change may actually reduce peak hour vehicle trips generated by this property. However, certain traffic operations and management adjustments will be addressed in the review of the resolution approving the master site plan. The Chairman then called upon the applicant to make a presentation. (Applicant's representative) Mr. Jerry Proctor, Esq Mr. Aris Garcia (Architect) Mr. Marcel Morlote Mr. Tim Plummer Mr. Jeremy Shapiro Planning Board Meeting September 27, 2004 Mr. Proctor began his presentation on the request for rezoning and plan approval of a Planned Unit Development (Mixed -Use) Development for the address 6600- 6640 S.W. 57 Avenue (Red Road and 5757 S.W. 68 Street. He added that Codina Development Corporation ( "Codina" ), the prospective developer requests a district boundary change from TODD (MU -4) to Planned Unit Development Mixed -Use (PUD -M), and concurrent site plan approval for development of the property. Furthermore, he stated that the PUD -M Zoning District encourages complementary combinations of uses, including multi - family residential and commercial uses, within 1,200 feet from any Metro -rail Station. He also indicated that the proposed site plan features considerable pedestrian access and a reduced intensity of development along SW 66 Street, adjacent to the residential community to the north. The proposed intensity of development is compatible with the surrounding area, which included the large FPL transmission facility to the west, retail and industrial zoning and development to the south and southwest, and the higher - intensity apartment and Metro -rail facilities in the area. Mr. Aris Garcia the architect for "Red Road Commons," explained to the Board in- depth the project's PUD submittal. He presented the site plan and zoning analysis, numerous comprehensive floor plans, elevations and survey. Mr. Morton then opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE T� a TusYPr 6556 SW 70h Ter Supported Mr. Tucker believed that this project can be beneficial to the community and that the City will make this project work. Jay Beckman 6520 SW 65 St. - Mr. Beckman stated his concern for the protection of green space in South Miami. Rev. Gregory Gay, Sr. 6461 SW 59th Place Supported Mr. Gay, Sr. agreed with the project and was looking forward to having it in the community. Ed. O'Reilly 6640 SW 48 St. Opposed Mr. O'Reilly opposed the application and did not support this project because of the potential influx of traffic. Larry Kelly - Supported Mr. Kelly supported the application and believed that the project would benefit a lot of people in terms of work for the residents in the area. Yvonne Beckman 5871 SW 83d St. Opposed Ms. Beckman did not agree with the building heights of the proposed project. Planning Board Meeting September 27, 2004 Beth Schwartz 6931 SW 62 "a Ct. Opposed Ms. Schwartz urged the Board to consider the traffic build -up that may be caused by this project and did not agree with the building heights for the project. Mr. Morton closed the Public Hearing. Motion: Mr. Comendeiro made a motion to recommend approval of the rezoning request, subject to the following four staff conditions: (1) The applicant shall execute a development agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project's PUD master site plan (the PUD Master Site Plan is a separate item to be adopted by resolution.) (2) The applicant shall include in the development agreement: (a) an agreement that within five years the developer will pay for or produce 3.7 acres of land for public park or recreational purposes. (see attached recreational concurrency formula); (b) an agreement that 5% of the multi - family units constructed shall be classified and marketed as affordable housing units. (3) The applicant shall provide evidence of concurrency compliance by submitting to the city the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the city of title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. Ms. Yates seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Illas ) MIAMI DAILY BUSINESS REVIEW Published Dally 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 fWa Miami Review, a dally (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 HEARINGS 3/26/2005 In the XXXX Court, was published In said newspaper in the issues of 03/16/2005 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 mall matter at the post office in Miami in said Miarnl -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftiant 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 t4H advertise _sue for publication in the said newspape /7 iii/ ) Sworn to and subscribed before me this 18 day of MARCH , A.D. 2005 rer =ell � r➢a`'iM. ChatylHMatmer O.V. FERSEYRE 20DB �e A �LL g ' G �V 4v 9 g. 3 20Y'tli�j�in� Y O> �. aZ - -C Oh6611 y OZO "m.gj. W20 U'.2Wp . 3OO U' Er pr O RAF ° zp�oo�o' sFOaa � �o og °. zra o o g�oiz }. =Oo Om =QOOV� 06K KK�OLL�YUNLLN ZW OJ Y °1�N oLL y�W tG `$C`$ , Zi pm KO6¢@�o�yC•�psW�gi�q�i.. v�i��W�Z'. ONOLLO pij QQQiNpJ .0 LL�2f K o 0°pp3 Wp�.zaasLLa L e N N 01�266'LL'F °02. OFYCCOIUf JOZ 'Y LL066u.¢T4K O•+1 LL000 %CWO'I ¢o_N aaopoaF.¢pNf u�4'LLOFWF U: W Z� m : §§ M & j sZ MIDI o az °� ¢a O �6 O� W NfUJ o o= 0O r Ngoog Mau..EF do E flo o � 30 0 p =uON nild <OKUV� p��Di' cOi�KO�wsc O¢pa�oC i�. ..'ja {g m� A os$G_g em8 n m5UdE�n� °c omma m °Ec�s u°m �ByoE °ab °mG`o p @ rd i% N2 %g mi1 PoB .E -- LL Qj a m3 w > y y O :RIENDS AND NEIGHBORS at 11:30 a.m. SatUr- rial Fund, part of the founda- W Marriot Hotel, tion, provides needed funding I Ave. for Miami's youth programs, >ascdal Martinez including those at the Y. n Carolina Luria The YMCA is one of sis the event which organizations to receive fund - a "Cosmic Craze" ing for 2005. The Y will use trticipants will the grant to provide sports ldren from new- scholarships for more than years old wearing 150 youngsters between.the n retailers includ- ages of 4 and 17 from low -in- and Jack, Bognar come communities. d, Boy-Meets Girl, The grant targets Y recre- 'etitChoux,Oilily atjonal programs including an. There is a $50 flag football, soccer, basket - a The per child ball, karate and cheerleading in the communities of West ckets range from Dade, Hialeah, Medley, Miami i and tables of 10 Springs, Hialeah Gardens, e: For more infor- Virginia Gardens, Carol -City for tickets, call- and Miami Lakes. ,786 - 268- 1822. Other grant recipients are the Children's Resource Fund 4 MEETING ($8,500) to provide 45 special omi chapter. of needs children ages 3 -5 with rill have its meet- Music /Dance movement at 8 p.m. April 11 classes and Karate; Perrine :winds clubhouse, Baseball and Softball Associa- 112th Place and tion ($7,500) toward capital .ail Drive, improvements at Franjo Park; peaker Barbara Glades Baseball and Softball subject will be League, Inc. ($7,000) for field ft. and facility upgrades and to e information, call purchase uniform.shirts and Hiss, 305- 274 -0197. caps for over 300 youths; Shake -a -Leg ($5,500) to fund J TREATS water sports programming rman American and supplies for individuals of Greater Miami with disabilities and for at- annual luau from risk youth; and the Boys and iddight,April 16 at Girls Club ($5,500) to provide rse, 11919 SW 56th more than 500 boys and girls with uniforms, equipment and ian chicken and supplies at the Kendall Boys all the trimmings and Girls Club. For more ffered and The information "call toll free will play for danc- 1 -877- WOW -YMCA (1- 877 - 969 - 9622). t is $10 and dinner Dual $10. For more If you have news for this i, call 305.553 -8587 . column, please send it to Bea 123: Moss, Friends and Neighbors, Neighbors, 7300 N. Kendall SHIP GIFT Dr., Suite 200, Miami, FL 33156 4CA of Greater - orfax to 305- 671 -4350. Pictures s been awarded cannot be returned. Ifyou have r Youth Sports questions, call Bea Moss at rs from the Kiwa- 305 -671 -4341 and leave a mes- ,f Miami's Youth sage. Her e-mail address is I. The Zee Memo- Beaone @aol.com. Kind ®f like a weather report for entertainment. ►L7 Subscribe t5 Be Serald bow. .a I.:+ao-a> YVs1i1w1s1 Torn between a Caribbean cruise and river rind Travel Solutions in Sunday's Hera Id. On Saturday, April 9, 2005, beginning at 9:30 a.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold at its special meeting Public Hearings to consider the following items: ADOPTING RETAIL USES, AN ORDINANCE CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY COMMITTEE." AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT. AN ORDINANCE PROVIDING FOR LONG -TERM, MANAGEMENT AGREEMENT WITH MONTANA/ MCLEAN TENNIS, INC. FOR TENNIS SERVICES AT DANTE FASCELL PARK. AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS, APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR STORIES AND ANY AND ALL RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER ZONING CHANGES. AN ORDINANCE- ESTABLISHING A NINE -MONTH TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN A DISTANCE OF 100 FEET OF SINGLE- FAMILY RESIDENTIAL ZONED PROPERTY LINE. SPECIAL NOTE: Pursuant to Florida State Statue 1613227 Interested persons are advised that in addition to the Information set forth above the proposed project will be built on a seven acre tract of land and will have a dwelling unit density of 56.3 units per acre and a floor- area -ratio (PAR) of 1.54. The estimated population density of the project Is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address shown above. A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR HD -OVj SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 6860 SUNSET DRIVE. Inquiries concerning the above two items should be directed to the City Clerk's office at 305 - 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Mengndez City Clerk a, o is wiaserr {.d 44vvs�wev .Y[YLV[-LAPwrncs-{ +[{'B +v s4V'ui0. {b\J., 39 SKETCH SW 63RD UULJ DADS COUNTY SOUT IAMI�, � � Q S 64T T Q ff him 0 II �d I 4 217 17CL•Aammi , 0 APRICALE AV ° ENERA AV SAN REMO AV ^AN IrNACIO AV V- i c J� Arturo A. Sosa Surveyor and Mapper 2629 �} State of Florida \0