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Res. No. 131-06-12272RESOLUTION NO. 131-06-12272 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20-7.2,20- 7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY, A JOINT PRIVATE - PUBLIC DEVELOPMENT WITHIN IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, AND 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58" COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2005, the City Commission settled litigation with Mark Richman Properties, Inc thereby allowing for the development of a joint private - public mixed use parking garage project to proceed under a long term lease with the City; and WHEREAS, Mark Richman Properties, Inc. submitted Application No. PB -06 -013 requesting approval for five special exceptions necessary to construct a municipal parking facility in the SR(HD -OV) zoning district on property legally described above, said project to include a total of 25,219 square feet of retail space at the ground level and a total of 435 parking spaces; and WHEREAS, the applicant is requesting special exceptions for use standards, lot coverage, building frontage, building ground floor area, and awning length; and WHEREAS, a special exception request in the Hometown Overlay District requires the Planning Board's recommendation and approval by the City Commission; and WHEREAS, after review and consideration, the Planning Department recommended approval of the application with a condition; and WHEREAS, on May 30, 2006 the Planning Board after public hearing voted 6 ayes 0 nays to recommend approval with specific conditions; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid resolution; and WHEREAS, on July 7, 2006 an additional public hearing was conducted by a special hearing officer appointed by the City Commission for the specific purpose considering evidence and testimony concerning the afore - referenced special exceptions; and WHEREAS, the City Commission desires to accept and incorporate the. findings and recommendation of the special hearing officer and enact the aforesaid resolution. Res. No. 131 -06 -12272 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section. 1. That the proposed South Miami Municipal Parking Garage project advances the economic development of the City and is compatible with land use, density, and design criteria established for the Hometown District, as set forth in LDC Sec.20 -7.51, which includes seven criteria necessary for approving special exceptions: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian); parking, lighting, noise and waste generated by the development, and management of the impacts of the development public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. Section 2. That the subject application requesting a special exception to allow an overall lot coverage of 83% of the total site which exceeds a lot coverage to 60% as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.9) is hereby approved subject to conditions set forth in Section 7 below. Section 3 That the subject application requesting a special exception to allow a retail project without at least one floor with residential units or office uses equal to at least 20% of gross floor area as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.2) is hereby approved subject to conditions set forth in Section 7 below. Section 4. That the subject application requesting a special exception to allow building frontage to be 90% on SW 58h Court and 87% on SW 58 Ave., exceeds the 30 -70% limitation of building frontage on elevations facing a side street as set forth in the Hometown Overlay District regulating graphic plan (Sec.20 -7.9; 20 -7.11) is hereby approved subject to conditions set forth in Section 7 below. 2 Res. No. 131 -06 -12272 Section S. That the subject application requesting a special exception to allow awning length on SW 73" Street to be 83% of building coverage which is below the Hometown Overlay District regulating 7aphic plan (Sec.20 -7.9) which requires awning length to be 100% of building frontage on SW 73' Street, is hereby approved subject to conditions set forth in Section 7 below. Section 6. That the subject application requesting a special exception to allow a building ground floor area of 36,312 sq.ft which exceeds the Hometown Overlay District regulating graphic plan (Sec.20 -79; 20 -7.11) which limits building ground floor area to 20, 000 sq. ft., is hereby approved subject to conditions set forth in Section 7 below. Section 7. The special exception application is approved subject to the following condition: (1) The proposed development shall be consistent with the submitted site plan. Section 8. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2006. ATTEST: IT Y CLERK READ AND APPROVED AS TO FORM: 4 -0 Mayor Feliu: Yea Vice Mayor Wiscombe . Yea Commissioner Palmer: absent Commissioner Birts Yea Commissioner Beckman: Yea P:1Comm ltems1200617- 25- 061PB -06 -013 Special Exception Resolution.doe 3 South Miami a�acfly o r ••F w— CITY OF SOUTH MIAMI . ` I • INCOFPORATE6 o goo A OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinle ,Actin g City Ci Manage Y From: Don O'Donniley, Planning Director Date: July 25, 2006 - ITEM No.�� Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.2, 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT. CODE TO ALLOW FOR THE CONSTRUCTION OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY, A JOINT PRIVATE- PUBLIC DEVELOPMENT WITHIN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, AND 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58"' COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. Request: In 2005, the City settled litigation with Mark Richman Properties, Inc. thereby allowing for the development of a joint private - public mixed use parking garage project to proceed under a long term lease with the City. The applicant will be responsible for developing a municipal parking garage with significant retail at the ground level all on property in the SR(HD -OV) Hometown Overlay District. The proposed structure, located at SW 73rd Street between 58th Avenue and 58th Court, will be.four stories in height. There will be a total of 25,219 square feet of retail space at the ground-level. There will be a total of 435 parking spaces in the project. The subject application (PB -06 -013) is a request for approval of five special exceptions to the regulations in the Hometown Zoning district. The Hometown district regulations permits the City Commission to grant exceptions to the regulations if the project meets the certain criteria set forth in Section 20 -7.51 of the LDC. The attached Planning Department staff report dated May 30, 2006 lists the five special exceptions requested (p.2) and fizrther demonstrates how the project meets the criteria for granting the exceptions (pp.2 -4). It is important to note that the exceptions requested are primarily dimensional (lot coverage, ground floor area, frontage) which result because a parking garage is not a standard commercial building contemplated when the Hometown regulations were drafted. The Planning Board at its May 30, 2006 meeting, after public hearing, adopted a motion by a vote of 6 ayes 0 nays recommending that application and the submitted site plan be approved. Recommendation: It is recommended that the application requesting the five special exceptions and the submitted site plan be approved. Backup Documentation: Draft resolution Application / Letter of Intent Location Map Site/ Floor plan Planning Department Staff Report 5 -30 -06 Planning Board Minutes Excerpt 5 -30 -06 Report of Special Hearing Officer on Special Exceptions Copies of Public notices DOD /SAYP: iComm Items1200617- 25- 06TB -06 -013 Garage Exceptions CM report. doc City of South Miami Planning & Zoning Department City Hall, 6I30 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision SW 73 St. btwn 58 Ct. & 58 Ave PS (see attached sheet) Meets & Bounds: Applicant: Phone: Mark Richman Pro erties Inc. 305 Representative: Organization: George McArdle Mark Richman Properties JAddress: Phone:' 201 Alhambra Cir. #702 Coral Gables FL 33134 305 442 2214 Property Owner: &Lessee Signature: Mark Richman Properties, Inc. JMaifing Address: same as above Phone: By: George McArdle, Asst. Se Arch itectlEngineer. Phone: Blitstein Design Assc. (305) 444 4433 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative Contract to purchase — Option to purchase __y_Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: — Text Amendment to LDC _Variance Y Letter of intent —Zoning Map Amendment ,,,-,,,,Special Use _ Justifications for change _ PUD Approval XSpecial Exception _ Statement of hardship PUID Major Change Other . Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase Application f-o r; - -S ��n ia1 _?xeeptlop�per�i�s Current survey (1 original sealed and signed/1 reduced copy @ 11" x IT) under Section 20 -7.9 and 20 -7.11 for lot 15 copies of Site Plan and Floor Plans coverage, building frontage, awning length I reduced copy @ 11" x 17" and building ground floor area. Y 20% Property owner signatures Afar, �� Y Section: Subsection: Page #: Amended Date: X Mailing labels (3 sets) and map X Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and cg�ect to4hePst the applic� it's kno dae 6eIief. /� 4? , C riior� rte /.� ,nyC r Apoicag''s Sign re and title Date Upon receipt, applications and all submitted materials will be reviewed for cam fiance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission 'etibon Required Petition Accepted - Oethod of Pavment V2 /00 ± V C. MARK RICHMAN PROPERTIES, INC. 201 Alhambra Circle, Suite 702 Coral Gables, Florida 33134 Telephone (305) 442 -2214 Don O'Donniley Planning Director City of South Miami 6130 Sunset Drive. South Miami, Florida 33143 Re: Letter of Intent for the Application for Special Exceptions for the South Miami Municipal Parking Garage and Retail Building, submitted by Mark Richman Properties, Inc. as Applicant Dear Mr. O'Donniley: The proposed structure will be located on S.W. 73d Street between S.W. 58th Avenue and S.W. 50' Court. It will have 25,219 square feet of rentable retail on the ground level. There will a total of 435 parking spaces with 17 of those on the ground level. In order to produce an efficient, cost effect garage we need to accommodate the geometry of two double - parking -bays with park -on ramps. This geometry dictates a rectangular building with minimum depth and width and requires certain special exceptions to the Hometown District Overlay Ordinance ("HDO "), as contemplated by Section 20 -7.51. These Special Exceptions are as follows: 1. Mixed Use Standards (Section 20- 7.2(E)) Required: One floor containing office uses or residential units equaling at least 20% of the gross building area. Provided: No office or residential. The primary purpose of the building is parking. Office or residential would take the place of some parking and, in addition, would utilize a portion of the remaining, reduced parking. 2. Lot Coverage (Section 20 -7.9) Required: 60% maximum Provided: 83% This also allows us to comply with the HDO criteria of having retail on or close to the property line. 3. Building Frontage (Section 20 -7.9) Required: 30 -70% on each elevation facing a side street (58 Ct & 58 Ave) Provided: 58 Ct. 90% and 58 Ave 87% 4. Building Ground Floor Area (Sections 20 -7.9 & 20 -7.11) Required: 20,000 square feet maximum Provided: 36,132 square feet This also enables us to provide the access ramp to the second level, the back -of -house areas and the retail, which is the economic engine of the project. We have taken several steps to variegate the long facades which result from a parking structure. These include architectural panels affixed to the building at intervals, use of different colors, changing storefronts and awnings related to the storefronts. This necessitates a special exception as follows: 5. Awning Length (Sections 20 -7.9 & 20 -7.11) Required: 100% of building frontage on 73F' Street Provided: 83% We feel that the special exceptions meet the seven approval criteria of Section 20 -7.51 and that the development will provide much needed parking in the downtown area and thus advance the economic development of the City of South Miami. Thank you for your time and consideration. Very truly yours, Mark Richman Properties, Inc. By: a,,,, C (/Ge6iXMcArdle, Assistant Secretary I City of South Miami PB -06 -013, PB -05 -014 Special Exceptions and Special Use Restaurants Mark Richman Properties I City Parking Garage 5 829 SW 73 Street 6109 SW 5950 N rn M $$'S g79a 51$fl 512 LO CO 9a Ln 6845 5907 m ua �' ���'9�� b�6� � �� �sc� ■ S ©6 1 !?! CO S 6 6900 h s� ° y1g N ■ 821 ° �T • E w 70TH ST � 1 $ -1 s LO o �� ■ LO a Ln o o� SW 71 ST ST � tGO3 ti LW 1 w �, CO SUBJECT Ln OPERTY • 6 5 5 m 0 a L w to m ■ 9 ■ SUNSET DR SW 72ND ST 90 ■ Ln 5950 uII7i ro 5800 `rs 4 ■ 5 n p U7 c ■ s 9 +r ■ 0 s� 0 59p0 d° 7230 w 5859 w CO 5795 7230 SW 73RD ST s 5940 5824 ro o° 7301 L 9 7331 LO M o 7311 0 7320 7311 M 7321 rm- 5795 7320 � 8s° 7321 ■ 60 Z2 syjo 5901 5791 7331 7390 7 5 SW ■ 74TH m i ;n ■ 7400 5901 5875 0 5801 S�g7 m 7400 5650 j CO - ■ 7410 Q LS 7 TH T 7azo � 7'420 = m ,a }— 5890 CO 5800 F5F co n 7440 0) u> 5730 7450 Uj CD (� 7540 p 7505 7500 7500 ■ 7511 i5i4 U) 7515 7500 • 7520 7520 7521 7510 ;520 ■ 0 300 600 900 1,200 1,500 Feet So UT 4 F � To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director South Miami All - America Clly 2007 Date: May 30, 2006 Re: Special Exceptions: South Miami Municipal Parking Facility PB -06 -013 Applicant: Mark Richman Request: 5829 SW 73" Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20-7.2,20-7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A JOINT PRIVATE- PUBLIC DEVELOPMENT WITHIN IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58' COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. SUMMARY OF REQUEST In 2005, the City settled litigation with Mark Richman Properties, Inc thereby allowing for the development of a joint private - public mixed use parking garage project to proceed under a long term lease with the City. The property includes a 32,000 sq. ft. surface parking lot owned by the City and an 11,725 sq. R. property owned by the applicant at the southwest corner of the site. The applicant's one story retail building will be demolished. The applicant will be responsible for developing a municipal parking garage with significant retail at the ground level all on property in the SR(HD -OV) Hometown Overlay District. The proposed structure, located at SW 73rd Street between 58fh Avenue and 58th Court, will be four stories in height. There will be a total of 25,219 square feet of retail space at the ground level. There will be a total of 435 parking spaces in the project. Special Exceptions Municipal Parking Garage May 30, 2006 Page 2 of 4 REQUESTED SPECIAL EXCEPTIONS As per section 20 -7.51 of the City of South Miami Land Development Code, the applicant is requesting the following five special exceptions to modify regulations pertaining to the building's proposed design and layout. Use standards (ref. 20- 7.2(E)) Required: retail projects must have at least one floor with residential units or office uses equal to at least 20% of gross floor area Provided: the project will not contain office or residential uses; the parking use is considered part of the infrastructure of the Hometown District and is essential to the economic health of the downtown • Lot coverage (Ref. 20 -7.9): Required: 60% maximum Provided.- 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property Iine • Building Frontage (Ref. 20 -7.9): Required: 30 -70% of each elevation facing a side street Provided. • 90% on SW 58"' Court; 87% on SW 58 Ave., in order to accommodate both an expanded retail area and garage functions (ingress /egress, ramp, on -grade parking) • Awning length (Ref. 20 -7.9 and 20- 7.11 ): Required: 100% of Building frontage on SW 73rd Street Provided. 83 %, in order to provide a varied design at the ground level. • Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.fl. maximum Provided: 36,312 sq.fl., in order to accommodate both retail and garage functions on the ground floor (ingress /egress, ramp, on -grade parking) SPECIAL EXCEPTION ANALYSIS The Land Development Code specifies that construction in the Hometown District must comply with the regulations established for the district. The City Commission may, by special exception after a public hearing by the Planning Board, waive strict compliance of the Hometown District provisions. The Planning Board must find by substantial, competent evidence that the project must be consistent with specific criteria set forth in Sec. 20-7.5. 1, (1) through (7): (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. The proposed development provides a commercial parking garage and retail uses that create a pedestrian oriented building edge along the sidewalk as envisioned by the Hometown District regulations. The proposed development provides the required parking for the retail stores based on the code requirements. The development, in addition, Special Exceptions Municipal Parking Garage May 30,2006 Page 3 of 4 provides public parking for use by the customers of local businesses, which will act as a catalyst for other developments on S. W. 73rd Street. (2) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. All the proposed uses are allowed by the Code and the development is well below the prescribed FAR and does not exceed the height limitations of four stories/ 56 feet. (3) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city. The elevations have been designed as a series of small-scale facades in keeping with the neighborhood, with storefront and awnings at . the street level. The architectural treatments along the three streets are in keeping with the design intent of the Hometown Plan. The retail and restaurant spaces facing the street are treated in a scale appropriate to pedestrian experience. The proposed ramp width, parking space dimensions, driving lane widths should allow the garage to be used in a safe and user friendly manner from the standpoint of security and operational aspects of the garage. The parking area is designed for ease of circulation with adequate turning radii and a sense of safety and security. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services. The design of the building shows ingress and.egress at the east and west sides. This will reduce the impact of traffic on SW 73rd Street. A previous traffic impact analysis submitted to the City indicated that there are adequate roadway capacities to support the development, and that those intersections most critical to serving the site should continue to operate at acceptable levels of service. Solid waste generated by the development is contained within the site, and will be hauled away from the site by a commercial waste collection company. The proposed development will not have any impact on open space, parks and recreational facilities. (5) The proposed development does not expand the permitted uses within the Hometown District. The uses proposed are permitted within the Hometown District. The placement of three restaurants on SW 73rd Street will require a separate special use approval process. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. The proposed development will increase the tax base generated by the property and will provide opportunities for jobs for the local residents. Availability of additional parking in the weekends and the evening hours will benefit the local businesses. Due to the type of construction ( pre -cast) and short external construction period (4 months) there will be Special Exceptions Municipal Parking Garage May 30,2006 Page 4 of 4 minimal impact on the retail district in and around the site. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. The development is within the prescribed regulations for development density, height and use. The development will not create excessive overcrowding or undue concentration of population that is beyond what is envisioned within the Hometown District. STAFF OBSERVATIONS (A) The impetus initiating this project over eight years ago was to respond to the Land Development Code requirement that the parking in the Hometown district be developed and managed as an element of infrastructure. The importance of such a concept is that it provides district wide parking and discourages building parking garages at every block. The proposed development provides public parking to address the parking infrastructure concept and to reduce the deficit in off - street parking in the Hometown District. (B) Staff finds the requests for Special Exceptions meet the intent of the Hometown District Overlay District regulations set forth in the Land Development Code for granting such exceptions. The special exceptions to the use standards, to increase the lot coverage and ground area coverage are essential for the development of a large scale project where parking is a principal use. The special exceptions related to awning length and to increase building frontage along 58th Court and 58th Avenue are necessitated by the dimensional requirements of the parking garage. RECOMMENDATION It is recommended that the application requesting the five special exceptions be approved. Attachments: Application Letter oflntent Location Map Letter of intent Site plan Copies of Public notices DOD /SA 24t E:1PBIPB Agendas Staff ReportA2006 Agendas Staff Reports`5- 30- 06TB -06 -013 Garage Special Exception Report.doc INCO PO'RhTEV 1 927 �t O R X _ CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting /Action Summary Minutes Tuesday, May 30, 2006 City Commission Chambers 7:30 P.M. EXCERPT h Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Lahiff, Mr. Farfan Mr. Beilman and Mr. Davis. Board members absent: Ms. Yates. City staff present: R. Don O'Donniley (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes {Video Support), and Patricia Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings PB -06 -013 Applicant: Mark Richman Request: 5829 SW 73rd Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.2, 20 -7.9 AND 20 -711 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A JOINT PRIVATE- PUBLIC DEVELOPMENT WITHIN IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY Planning Board Meeting Excerpt May 30, 2006 Page 2 of 4 (NE CORNER OF SW 73rd STREET AND SW 581h COURT); SPECIAL EXCEPTIONS REQUESTED FOR USE STANDARDS, LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. At this time, Mr. Morton swore in the speakers. Action: Mr. Morton read the item into the. record. Mr. O'Donniley provided a brief summary of the request. He indicated that in 2005, the City settled litigation with Mark Richman Properties, Inc. thereby allowing for the development of a joint private -public mixed use parking garage to proceed under the long term lease with the City. Mr. O'Donniley explained that the applicant Mark Richman Properties will be responsible for developing a municipal parking garage with significant retail at the ground level all on property in the SR(HD -OV) Hometown Overlay District. The proposed structure, located at NE corner of SW 73 Street between 58th Avenue Court will be four stories in height. There will be a total of 25,219 square feet of retail space at the ground level. There will be a total of 435 parking spaces. As per section 20 -7.51 of the City of South Miami Land Development Code, the applicant is requesting the following five special exceptions to modify regulations pertaining to the building's proposed design and layout. Use Standards (ref. 20- 7.2(E)) Required: retail projects must have at Ieast one floor with residential units or office uses equal to at least 20% of gross floor area Provided. the project will not contain office or residential uses; the parking use is considered part of the infrastructure of the Hometown District and is essential to the economic health of the downtown • Lot coverage (Ref. 20 -7.9): Required. 60% maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property line. • Building Frontage (Ref. 20 -7.9): Required: 30 -70% of each elevation facing a side street Provided- 90% on SW 581h Court; 87% on SW 58 Ave., in order to accommodate both an expanded retail area and garage functions (ingress /egress, ramp, on -grade parking) Awning length (Ref. 20 -7.9 and 20- 7.11): Required: 100% of Building frontage on SW 73rd Street Provided: 83%,1 order to provide a varied design at the ground level. • Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required. 20,000 sq.ft. maximum Provided: 36,312 sq.ft., in order to accommodate both retail and garage functions on the ground floor (ingress /egress, ramp, on -grade parking) Planning Board Meeting Excerpt May 30, 2006 Page 3 of 4 Mr. Youkilis provided the following staff observations: (A) The impetus initiating this project over eight years ago was to respond to the land development code requirements that the parking in the hometown district be developed and managed as an element of infrastructure. The importance of such a concept is that it provides district wide parking and discourages building parking garages at every block. The proposed development provides public parking to address the parking infrastructure concept and to reduce the deficit in off - street parking in the Hometown District. (B) Staff finds the requests for Special Exceptions meet the intent of the Hometown District Overlay District regulations set forth in the Land Development Code for granting such exceptions. The special exceptions to the use standards, to increase the lot coverage and ground area coverage are essential for the development of a large scale project where parking is a principal use. The special exceptions related to awning length and to increase building frontage along 58th Court and 58 Avenue are necessitated by the dimensional requirements of the parking garage. Recommendation Staff recommended that the application being requested for five special exceptions be approved. Applicant's representative: George McArdle, Esq. Mr. McArdle explained that the project had been before the Environmental Review and Preservation Board for comments and review. He also stated that the architect has taken several steps to variegate the long facades which result from a parking structure. He added that variegation was achieved by including architectural panels affixed to the building at intervals, use of different colors, changing storefronts and awnings related to the storefronts. The Board and staff then discussed the application. Mr. Comendeiro inquired about the court reporter being present at the meeting. City Attorney Luis Figueredo replied that most likely due to the on -going litigation with the City and Dabby Properties the court reporter was hired on behalf of Dabby Properties. Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker Support Mr. Tucker stated he has waited a long time for the parking garage to be built. However, after hearing Mr. McArdle speak he felt that key points about safety in the garage were addressed such as proper turn radiuses for cars. Cliff Schulman Mr. Schulman, attorney for Dabby Properties indicated that his client who is the owner of the Shopping center just north of the property is completely opposed to the request. Planning Board Meeting Excerpt May 30, 2006 Page 4 of 4 Furthermore, Mr. Schulman commented that he believed the wrong applicant is before the Board at this meeting. City Attorney Luis Figueredo explained that the lease before the Board tonight is an enforceable lease and he stated that the right applicant is before the Board. Chair Morton closed the public hearing. Motion: Mr. Comendeiro moved to recommend approval of the five special exceptions as described. Mr. Davis seconded the motion. Vote: Ayes 6 Nays 0 City of South Miami, Florida 6130 Sunset Drive South Miami, Florida. In re: An Application for Special Exceptions as provided for Under the Settlement Agreement for Circuit Court Case: Mark Richman Properties v. City of South Miami, Case No. 03- 07058 -CA -24 (FIa. 1 la' Cir. Ct. 2003) REPORT OF SPECIAL HEARING OFFICER George F. Knox, Esq. July 19, 2006 On the sixth day of June, 2006 the Mayor and City Commission of the City of South Miami, Florida ( "City ") passed and adopted Resolution No. 88- 06- 12229, in which the undersigned Special Hearing Officer was appointed. The qualifications of the Special Hearing Officer were considered and made part of the record. The Special Hearing Officer was directed to "conduct a public hearing, make specific findings of fact concerning the criteria delineated in section 20 -7.51 (1) -(7) of the City's Land Development Code, conclusions of law, and present his findings to the Mayor and Commission for its review and consideration at a subsequent. City Commission Meeting so that the City Commission can adopt the appropriate Zoning Resolution based upon findings of fact of the Special Hearing Officer's recommendation." A Public Hearing was conducted by the Special Hearing Officer on July 7, 2006 in the Commission Chambers. A verbatim transcript of the Public Hearing is available, and will be referred to herein as (Tr,p_) This report is based on the testimony given; the evidence and exhibits submitted, and upon the review of public records provided by the city for background purposes. FACTUAL BACKGROUND In 2005, the city settled a lawsuit with Mark Richman Properties, Inc. (Richman). The settlement resulted in a lease agreement between the City of South Miami, as landlord, and Mark Richman Properties, Inc., as tenant. The terms of the agreement provided that the city and Richman would co- develop the property described in the agreement, which property is the subject of the Application for Special Exceptions to the City's Land Development Code under review at the Public Hearing conducted by the undersigned Special Hearing Officer on July, 7 2006. In order to comply with the terms of the agreement, Richman submitted an Application for Public Hearing Before Planning Board & City Commission, seeking "Special Exception Permits under section 20 -7.9 and 20 -7.11 for lot coverage, building frontage, awning length and building ground floor area." Richman also sought a Special Exception to the provision at section 20- 7.2(E), pertaining to use standards. In reviewing the application, the Special Hearing Officer applied the standard applicable to a review by the Planning Board, to wit "... find by substantial, competent evidence that the project (must be) consistent with the criteria set forth in section 20 -7.51, (1) through (7), and "review the project and provide to the City Commission an advisory recommendation..." 2 FINDINGS AND ANALYSIS Title 20 of the SMLDC encompasses all of the provisions referred to in the review and analysis of this Application, and is commonly referred to as Hometown District Overlay Ordinance, creating the Hometown Overlay Zone. (HD) The intent of the HD is set forth in section 20 -7.2, which in pertinent part expresses the City's duty to treat parking as an element of public infrastructure. The HD is also designed to channel private development into projects which "achieve a balance of ... uses characteristic of healthy downtown centers ". The Special Hearing Officer finds that the requested Special Exceptions fairly waive strict compliance with the provisions of section 20 -7.2, section 20 -7.9 and section 20 -7.11; and are consistent with the criteria for granting Special Exceptions under section 20 -7.51 of the South Miami Land Development Code (SMLDC). The city has a vested interest in approving the Special Exceptions under review because, 1) the land assembly contemplated by the underlying agreement is the only practical means by which the city can fulfill its public duty to make adequate parking facilities available to the public; 2) the city benefits from the establishment of private business enterprises to meet the intent of the HD; 3) the cost of providing pubic parking facilities is substantially reduced by venturing with private developers who design and construct facilities which are ancillary to the main enterprise (parking structure), and which are necessary for its successful operation. The project requiring the Special Exceptions is a structure four stories in height, containing 25,219 square feet of retail space and 435 parking spaces. The agreement allows for the creation of a symmetrical site on which the parking structure can be built. Without the inclusion of Richman's property in the site plan, the City would be practically prevented from constructing a facility to address its growing need for parking spaces to serve the public. In arriving at these findings, the Special Hearing Officer considered the information provided by the Planning Director in a correspondence to the Planning Board dated May 30, 2006, Re: Special Exceptions: South Miami Municipal Parking Facility. This document, with its attachments, forms the basis of the determination that there is substantial, competent evidence to support a recommendation to grant the Special Exceptions applied for in this matter. The Special Hearing Officer heard testimony from the Planning Director describing the process of reviewing the requests for Special Exceptions. Richman's legal counsel testified in support of the application. Each of the requests was discussed and considered. Use Standards Request (sec. 20- 7.2(E), to eliminate the requirement for residential and/or office uses. The evidence and 3 testimony show that the site would not accommodate residential and/or office uses, and simultaneously provide the necessary parking facilities for the benefit of the public. The Special Hearing Officer finds that there is substantial competent evidence to support the wavier of the residential/office requirement in deference to the paramount public purpose of the project. Lot Coverage request (sec. 20 -7.9), to provide 83% lot coverage when 60% is the maximum allowed. The evidence and testimony show that the intent of the HD would be subverted by enforcing a lot coverage requirement of 60 %. A lot coverage of 60% would not fulfill the requirement to "build to the line and provide arcades and awnings to protect pedestrians" (Tr,p15). The Special Hearing Officer finds that providing 83% lot coverage achieves the intent of the HD by having building facades connect with sidewalks to provide ease, safety, shelter and protection to the public. Building Frontages Request (sec. 20 -7.9), to allow 90% frontage on SW 58th court, and 87% on SW 58th Ave. The evidence and testimony show that the additional coverage is necessary on the referenced side streets in order to create a functioning parking structure with an effective circulation plan, and orderly ingress and egress. Without the additional frontage, the ability to maximize retail opportunities on the ground floor would be impaired because of the location of necessary entrances and exits to the parking structure. The Special Hearing Officer finds that there is substantial competent evidence to support a wavier of the 30 -70% side street frontage requirements in order to ensure proper ingress and egress for the parking structure, and to ensure that the city may "emphasize the use of incentives... to achieve a balance of.... uses characteristic of healthy town centers." Awning Length Request (see. 20 -7.9 and 20- 7.11), to provide awnings for 83% of building frontage where100% coverage is required. The evidence and testimony regarding the awning length request show that the design of the project contains elements which have aesthetic value, and create a "look" consistent with the city's desire to "enhance 0 South Miami's community identity and sense of place through the design and placement of buildings..." The Special Hearing Officer finds that there is substantial and competent evidence to support the grant of a Special Exception which will allow awnings to cover 83% of the building frontage in order to help create a facade consisting of vertical appliques and offer features that effectively camouflage the parking structure, and help break up the long expanse of the building. (Tr,p31) Building Ground Floor area request (sec. 20 -7.9 and 20- 7.11), to provide 36,312 square feet of ground floor area when a maximum of 20,000 square feet is required. The evidence and testimony show that the ground floor coverage must be increased to accommodate the ground floor rental spaces and the ground floor parking structure requirements. The Special Hearing Officer finds that there is substantial competent evidence to support the grant of a Special Exception to allow for the construction of an efficient parking structure and maximize the indicated retail uses. CONCLUSION Having determined that the requests for the Special Exceptions are consistent with the intent of the HD, the Special Hearing Officer concludes that the project is consistent with the specific criteria put forth by the SMLDC at sec. 20 -7.51, (1) through (7), in spite of the modifications created by the Special Exceptions. In order to arrive at the conclusion that the project as modified is consistent with the referenced specific criteria, the Special Hearing Officer reviewed the testimony of the Planning Director, along with his May 30, 2006 report to the Planning Board. As to each criterion, the Special Hearing Officer is satisfied that the analysis, conclusions and recommendations of the Planning Director are based upon substantial competent evidence that is in the record, and available for review and adoption by the Mayor and City Commission. Based upon the findings contained herein, the Special Hearing Officer concludes that the Mayor and City Commission are legally justified in exercising their discretion and granting the Special Exceptions requested in the application under consideration. The record and the testimony of those persons who chose to appear before the Special Hearing Officer provide competent substantial evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of Hometown District and catalyzes other development as envisioned in the Hometown District regulations. 5 (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. (4) The proposed development shall be designed in a manner that provides effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. Respectfully Submitted, George F. Knox, Esq. Special Hearing Officer rnaga����6rcW�OZ '� wtLi �Oa U[]W¢1xuL¢o -e �a exmLL. f CCrLL r�Lrjr awm�aK ? 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