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37South Miami NIGme�caCiry CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the Citv Commission Via: Roger M. Carlton, Acting City Manager "464'_ From: Thomas J. Vageline, Director Planning and Zoning Departmen Date: January 14, 2010 ITEM No. 3f Subject: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196 -09- 13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24 -01 -1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24 -01 -1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail ". The list of allowed retail uses is part of the LDC's Permitted Use Schedule, Section 20- 3.3(D) pp. 31 -34. A copy of the Permitted Use Schedule is attached. 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions (variances) which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 134 -01 -11282 which was adopted on September 18, 2001. (2) The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial- Residential (4 Story) to Transit Oriented Development District (4 +4 stories) Attached is Ordinance No.23 -01 -1754 adopted on October 2, 2001. (3) The final procedure required for project approval was a re- zoning from the "MO" Medium Density Office Zoning District to "TODD(MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24 -01 -1755 on October 2, 2001. Included were seven development conditions one of which adopted a Site Plan for the project which states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development agreement" for the project. Attached is Ordinance 24 -01- 1755 and a copy of the Site Plan's ground floor page. (4) The City Commission at its November 17, 2009, meeting approved a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. (5) During a review of the subject application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there are 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor. (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). See pp. 30.1 thru 30.5 of the Permitted Use Schedule for a list of allowed uses. PLANNING BOARD ACTION The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment as shown in the attached draft ordinance be adopted. RECOMMENDATION It is recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) approved by Ordinance No. 24 -01 -1755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses may be retail, office, business and personal services. Attachments: Draft Ordinance Resolution No. 196 -09 -13005 Resolution No. 134 -01 -11282 Ord No. 24 -01 -1755 Site Plan first floor) Ord. No.23 -01 -1754 Planning Dept Staff Report 12122109 Planning Board Minutes Excerpt 12122109 Parking Analysts Valencia Building (revised) Permitted Use Schedule Sec. 20- 3.3(D) Public Notices TJV /SAY X Comm ItemsQ01 011- 14- 1 01LDCAmend Valencia Site Plan CMReport.doc 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 AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission on October 2, 2001 adopted Ordinance 24 -01- 1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of the Valencia Building (aka Shoal Creek Properties) a six story residential building with ground floor commercial uses; and WHEREAS, in order to implement a policy of encouraging retail establishments the adopted Site Plan specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be limited to "Retail" uses as set forth in the Land Development Code Permitted Use schedule; and WHEREAS, over the past eight years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to expand the opportunities for local residents to establish businesses in the building and the community, the City Commission at its November 3, 2009 meeting adopted Resolution No. 196 -09 -13005 requesting the Plamiing Board and the Planning and Zoning Department to initiate the necessary legislation to amend the adopted site plan to allow other uses (office, business and personal services as set forth in LDC Permitted Use Schedule); and WHEREAS, The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment as shown in the attached draft ordinance be adopted; 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 Site Plan (Section 1, Condition 1) for the Valencia Building (aka Shoal Creek Properties), as submitted to the City on September 28, 2001 and adopted by Ordinance No. 24 -01 -1755 is hereby amended to show that all uses including retail, office, business and personal services as set forth in LDC Permitted Use Schedule for the TODD (MU5), Transit Oriented Development District (Mixed Use 5) shall be permitted in the commercial space of the project. 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 2 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: day of 2010 CITY CLERK MAYOR I"Reading — 2ad Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY X: \Comm Items\2010 \1- 14- 10\LDC Amend Valencia Site Plan Ord.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: RESOLUTION NO. 196-09-13005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70"' STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24 -01- 1755 which changed the official zoning map of the City on properly at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a. six story residential building with ground floor commercial uses; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24 -01 -1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59`h Place was to be "Retail "; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to permit other commmercial uses in addition to retail uses to Iocate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the .Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24 -01 -1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res. No. 196 -09 -13005 2 PASSED AND ADOPTED this 3rgday of Nov. , 2009 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: X: \Comm Items \2009 \11 -3 -09 \Valencia Site Plan Revision Resol.doc APPROVED: MAYOR Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: yea Coranissioner Sellars: Yea RESOLUTION NO. 134 -01 -11282 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69rn STREET, AND ON THE WEST BY SW 61sr AVENUE. WHEREAS, Application No. PB -01 -016 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C, said application requesting approval to construct a large scale development on property in a TODD zoning district and two special exceptions to modify regulations pertaining to parking spaces and building setback for property legally described as Lots I through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 700' Street, on the east by S.W. 59s' Place, on the north by S.W. 69s` Street, and on the west by S.W. 61" Avenue WHEREAS, the purpose of the special exception request is to permit the development of a six story residential apartment building with 294 dwelling units and 6,812 square feet of commercial space on a site with 122,610 square feet; and WHEREAS, the proposed development is located in a "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District; and Land Development Code Section 20- 8.903) requires that any project on a. site larger than 40,000 square feet in a TODD zoning district is considered a large scale development and must be reviewed by the Planning Board/City Commission via the special use permit process; and WHEREAS, the special exception application procedure also allows for consideration of modifications (exceptions) to the standards specified in the TODD district; and WHEREAS, the applicant is requesting the following special exceptions: (1) provide 550 required parking spaces where a total of 585 spaces are required; (2) maintain a 0 (zero) front setback for the fifth mud sixth floors of the building where a 20 (twenty) foot setback from the face of the building is required; and, WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application ; and Scriber's ea or eomected 10/22/01 WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed special exception application, the Planning Board recommended approval by a vote of (4 -1); and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the subject application submitted by Shoal Creek Properties L.L.C., requesting approval to construct a large scale development on property in a TODD zoning district and legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70th Street, on the east by S.W. 59th Place, on the north by S.W. 69th Street, and on the west by S.W. 61" Avenue, is hereby approved. Section 2. That special exception requests to (1) provide 550 required parking spaces where a total of 585 spaces are required; _and (2) to maintain a 0 (zero) front setback for the fifth and sixth floors of the building where a 20 (twenty) foot setback from the face of the building is required; all for the above described project are hereby approved. Section 3. This resolution shall be effective on the date when both the Comprehensive Plan Future Land Use Map amendment application and the Official Zoning Map amendment application for the same property are effective. PASSED AND ADOPTED this 18, day ofSept. , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 APPROVED: MAYO R Commission Vote: 5 -0 Mayor Robaina: Yea Vice Mayor Feliu Yea Commissioner Bethel: Yea Commissioner Russell Yea Commissioner Wiscombe: Yea ORDINANCE NO. 24 -01 -1755 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIME 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 CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -01 -015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70'' Street, on the east by S.W. 59s Place, on the north by S.W. 69s Street, and on the west by S.W. 61' Avenue from "MO" Medium - Intensity Office Use District to "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units and 6,812 square feet of commercial space; and WHEREAS, the proposed rezoning is consistent with the Amended Future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning application, the Planning Board recommended approval with conditions by a vote of (5 -0); 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 property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70`s Street, on the east by S.W. 59`" Place, on the north by S.W. 69" Street, and on the west by S.W. 61s` Avenue from "MO" Medium - Intensity Office Use District to "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) 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: Scribers error couected 10/22/01 2 (1) The proposed development shall be as shown on the Site Plan submitted to the City on September 28, 2001, as may be modified by revisions required by conditions set forth in this section; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth in the Land Development Code; (3) Applicant to submit a Unity of Title document as required by LDC Section 20 -8.16; (4) Applicant shall provide a minimum three -foot buffer between the garage (north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59`' Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery / service, to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: • Along SW 59" Place, SW 69`s Street, and SW 61" Avenue, the triangular "bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self- contained landscape islands. • For the portion of 70ffi Street between SW 61" Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on- street parking and the required street trees. • For the portion of 70th Street between the building entrance and SW 590' Place, the sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act (ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20 -8.17 of the Land Development Code. Section 4 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 S All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: APPROVED: CITY CLERK MAYOR 1" Reading — September 18, 2001 2 "d Reading — October 2, 2001 (As amended} COMMISSION VOTE: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor FeIiu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY ORDINANCE NO. 23 -01 -1754 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MDCED -USE COMMERCIAL RESIDENTIAL CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 613T AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. LPA -01 -001 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C; said application requesting to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed -Use Commercial Residential category to the TODD, Transit Oriented Development District category on property legally described as Lots I through 25, Block 15, Larkins Townsite Subdivision, said site is bounded on the south by S.W.70'h Street, on the east by S.W. 59`h Place, on the north by S.W. 69" Street, and on the west by S.W.61' Avenue; and WHEREAS, on , July 10, 2001, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the application subject to certain conditions, by a vote of 5 -0 ; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. NOW; THEREFORE, BE IT ORDAINED BY TIME MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Future'Land Use Map of the South Miami Comprehensive PIan is hereby amended by changing the future land use category from the Mixed -Use Commercial Residential category to the TODD, Transit Oriented Development District category on property being legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site bounded on the south by S. W.7e Street, on the east by S.W 5901 Place, on the north by S.W. 69'h Street, and on the west by S.W.61" Avenue, Section 2 . That the development regulations applicable to the subject property shall be as specified in the Land Development Code and as set forth in the zoning use district amendment ordinance which will be required to be adopted in order implement the proposed development of the site. 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 Bolding 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. Ord„ rao. 23-01-1754 2 Section 5 This ordinance shall become effective thirty -one (3 1) days after the adoption of this amendment. PASSED AND ADOPTED this 2" day of October, 2001 ATTEST: r� �AP�P,R�O- V'E'D: CITY CLERK OR I " Reading - July 24, 2001 2id Reading - October 2, 2001 (as amended) READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea To: Honorable Chair & Date: December 22, 2009 Planning Board Members From: Thomas J. Vageline, Director nn Re: Valencia Building- Site Plan Planning and Zoning Departmen 1,/ Amendment -6001 SW 70 Str. PB -09 -029 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2,2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL_USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196 -09 -13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24 -01 -1755 which changed the official zoning map of the City on property at 6001 SW 70`h Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24 -01 -1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59`h Place was to be "Retail ". The list of allowed retail uses is part of the LDC's Permitted Use _Schedule, Section 20- 3.3(D) pp. 31-34. A copy of the Permitted Use Schedule is attached. Valencia Building Amend Site Plan December 22, 2009 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project'required three separate procedures to implement the project. The first was approval of three special exceptions (variances) which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 1' which was adopted on September 18, 2001. (2) The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial- Residential (4 Story) to Transit Oriented Development District (4 +4 stories) Attached is Ordinance No.23 -01 -1754 adopted on October 2, 2001. (3) The final procedure required for project approval was a re- zoning from the "MO" Medium Density Office Zoning District to "TODD(MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24 -01 -1755 on October 2, 2001. Included were seven development conditions one of which adopted a Site Plan for the project which states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development - agreement" for the project. Attached is Ordinance 24 -01 -1755 and a copy of the Site Plan's ground floor page. (4) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning. Board at its January 10, 2006 meeting also recommended denial. Attached is a copy of the staff report on that request and a minutes excerpt on the item from the January 10, 2006 meeting. The City Commission subsequently did not act on the matter. (5)In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. During a review of that application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there remains D undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). See pp. 30.1 thru 30.5 of the Permitted Use Schedule for list of allowed uses. Valencia Building Amend Site Plan December 22, 2009 3 RECOMMENDATION: It is recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) approved by Ordinance No. 24 -01 -1755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses may be retail, office, business and personal services. Attachments: Resolution No. 196 -09 -13005 Resolution No. 134 -01 -11282 Ord. No.23 -01 -1754 Ord No. 24 -01 -1755 Site Plan first floor) Planning Dept Staff Report 1 /10 106 Planning Board Minutes BxceRt 1110 -06 Parking Analysis Valencia Building(revised) Permitted Use Schedule Sec. 20- 3.3(D) Public Notices TJV /SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \I2- 22- 09\PB- 09- 029Valencia Site plan revision.doc CITY OF SOUTH MIAMI PLANNING BOARD DRAFT Action Summary Minutes Tuesday, December 22, 2009 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 7:50 p.m. The Pledge of Allegiance was recited in unison. H. Roll Call Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting a quorum: Present: Mr. Comendeiro, Mr. Morton, Ms. Yates, and Mr. Whitman, and Mr. Cruz. Absent: Mr. Farfan and Ms. Young. City staff present: Thomas J. Vageline (Planning and Zoning Director), Sandy Youkilis (Consultant), Laurence Feingold (City Attorney), Cabrera - Hernandez (Principal Planner), Alerik Barrios (Assistant). III. Administrative Matters: Mr. Vageline stated that the document that was distributed noted the new meeting dates for this board for the beginning of the upcoming New Year. Other matters reviewed were the census and how Census 2010 is seeking people for positions to help out with the up coming census review. IV. Planning Board Applications/Public Hearings. PB -09 -029 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2,2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Morton read the ordinance into the record. Planning Board Minutes December 22, 2009 Page 2 of 4 Discussion: Mr. Youkilis stated that the City Commission at its November 3, 2009 meeting adopted Resolution No. 196 -09 -13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Mr. Youkilis stated that the City Commission on October 2, 2001 adopted Ordinance 24 -01 -1755 which changed the official zoning map of the City on property at 6001 SW 70`" Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24 -01 -1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59'h Place was to be "Retail ". The list of allowed retail uses is part of the LDC's Permitted Use Schedule, Section 20- 3.3(D) pp. 31 -34, which was distributed to the members. Mr. Youkilis went on to state that the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions variances which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial - Residential (4 Story) to Transit Oriented Development District (4 +4 stories). The final procedure required was a re- zoning from the "MO" Medium Density Office Zoning District to "TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2006 meeting also recommended denial.. The City Commission subsequently did not act on the matter. In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. During a review of that application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there remain 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor. Planning Board Minutes December 22, 2009 Page 3 of 4 Mr. Youkilis stated that it is important to note that over the past several years most of the commercial spaces on the ground floors have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). Mr. Youkilis recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) as approved by Ordinance No. 24 -01 -1755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses maybe retail, office, business and personal services. Mr. Whitman interjected and asked that the only thing allowed now is the retail and that whole sale trade, and stockbrokerages and travel agencies are not allowed? Mr. Youkilis stated that that was correct. Mr. Morton inquired about the meaning of the wording shown on the ordinance stating "new uses are compatible with the residential character of the building." He asked if this line should be removed from the final ordinance. Mr. Youkilis stated yes. Mr. Morton asked if the verbiage "responding to the current economic conditions ", would set a precedent that economic conditions can be used to change the LDC. Mr. Feingold asked Mr. Youkilis if he could find better language for this section. Ms. Yates stated that the phrase does not need to go into the ordinance. Mr. Youkilis stated that the main thing is expanding opportunities for local residents to establish businesses in the building. Mr. Morton agreed. Mr. Morton opened the Public Hearing. Speaker: NAME ADDRESS SUPPORT /OPPOSE Bob Welsh 7437 SW 64Court Oppose Mr. Welsh stated that in 2001 the Valencia property owner wanted to have two extra stories and now we find that we can not fill up all the retail sections. If you put a doctor's office you will fill up the 13 parking spaces. Mr. Welsh stated that he did not want the hospital (South Miami) to come in and have it be able to change the use of the remaining store areas and place chillers in those areas instead of keeping it as retail. Mr. Welsh went on to say that he does not support this ordinance. Speaker NAME ADDRESS SUPPORTS /OPPOSE Basil Grayham None Given Supports Mr. Grayham stated that it is critical to have other businesses around in the area but mostly in the Valencia Building. He stated that he would look forward to having this ordinance passed so that other businesses would be able to use the building. Mr. Whitman asked if he would mind having a doctor's office in the building. Mr. Grayham stated that he did not. He stated that it would be a good thing as it would generate money for the City and the parking facility across the way. Planning Board Minutes December 22, 2009 Page 4 of 4 Speaker NAME Beth Schwartz ADDRESS SUPPORTS /OPPOSE None Given Mixed support Ms. Schwartz stated that there needs to be a change in the Valencia Building. Ms. Schwartz wanted to make sure that City staff, and the Planning Board, do not allow the issue that happened with South Miami Hospital to happen at Valencia. She stated that she would like to hear some type of dialog about how the same situation would not occur at the Valencia project. Mr. Morton closed the Public Hearing. Mr. Comendeero asked if there was supposed to be retail on the bottom of the new building which South Miami Hospital built. Mr. Morton stated yes. Mr. Morton asked about the square footage that was supposed to be retail. Mr. Youkilis stated that it was shown on their original plan, but then got changed during the review process and that the City did not catch the switch over. Mr. Feingold, City Attorney, stated that this issue is not over with, and that due to the fact that the City is still looking into the matter and waiting to see what the Special Master writes on this issue, then the City will have a better response. The City will pursue showing that South Miami Hospital dedicated the "retail' space and then changed its mind and put in a mechanical use. Mr. Whitman still inquired about the businesses which could or could not go into the Valencia site. He then stated that reluctantly he would support this ordinance. Motion: Mr. Comendiero made a motion to approve the proposed Site Plan amendment. Seconded by Ms. Yates. Vote: 5 ayes, 0 nayes. Motion was adopted and passed. XAComm ltems\20l0 \I- l4 -lWB Minutes Excerpt Val 12- 22- 09.doe PARKING REQUIREMENTS FOR VALENCIA BUILDING 2001 (revised 12- 15 -09) Residential- 294 Units = 588 spaces Commercial — 6,812 sq. ft. / 250 sq ft = 28 spaces TOTAL 616 spaces PARKING REDUCTIONS ALLOWED / GRANTED 2001 Bonus 5 % Reduction For Arcade - Special Exception Granted (Variance) ACTUAL SPACES PROVIDED IN 2001 Garage Spaces On- Street Spaces 31 (585 required) 35 (550 required) 526 spaces 24 spaces 550 spaces NUMBER OF SPACES ALLOCATED TO COMMERCIAL First Floor (Visitor parking) provided /counted 33 spaces Current uses 3 Retail Stores and 2009 Approved Restaurant 20 spaces Surplus parking spaces remaining for 13 spaces Commercial uses X: \PB \PB Agendas Staff Reports \2009 Agendas Staff Reports \12 -22 -09 \Parking Chart For Valencia Revised.doc 20 -3.3 A 0 O E U (M� F�9 U go a SOUTH MIAMI LAND DEVELOPMENT CODE zx a n r) C, '4, 0 0 N p N coO V N N MZ U H z 80 H ZO • , .ii SON�������v PC, -tl W m 3 z z MIN W a m o a¢ z 1 9 P4 z w w m z zx a n r) Supp. No. 12 30 • , .ii SON�������v MIN " ©E��l������ no Supp. No. 12 30 ZONING REGULATIONS 20 -3.3 Supp. No. 12 30.1 a c x a a v02q oo2q �' ax a a a� a m P. 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