Res. No. 053-05-12032RESOLUTION NO. 53-05-12032
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 LOCATE A LARGE SCALE DEVELOPMENT
USE (SIX STORY MIXED USE MEDICAL OFFICE / RETAIL) BUILDING AT
7150 -7160 SW 62' AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED
DEVELOPMENT DISTRICT (MIXED USE 5): PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Application No. PB -05 -005 was submitted to the Planning and Zoning
Department by the Richard Brandon Co., said application requesting approval to construct a
large scale development on property in a TODD zoning district located at 7150 -7160 SW 62d
Avenue; and
WHEREAS, the purpose of the special exception request is to permit the
development of a six story medical arts building with retail space to be constructed on a 1.31
acre site; 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- 8.9(B) 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, after review and consideration, the Planning Department
recommended approval of the application with conditions ; and
WHEREAS, on January 25, 2005, after a Public Hearing regarding the proposed
special exception application , the Planning Board recommended approval with specific
conditions by a vote of (5 -1); and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the subject application submitted by the Richard Brandon Co., requesting
approval to construct a large scale development (on a site larger than 40,000 sq.ft.) on property
in a TODD zoning district located at 7150 -7160 SW 62'd Avenue is hereby approved subject to
the following conditions:
(1) The exit driveway should be limited to right turn only.
(2) The rear setback area of the garage shall be screened from the abutting residential building by
placement of trees and landscaping. A landscape plan for this area must be submitted to and
approved by the Planning Department, prior to the issuance of a building permit.
(3) The developer must submit to the City a plan for the art work which will be exhibited in the
Pg. 2 of Res. No. 53 -05 -12032
plaza. This plan must be submitted to and approved by the Planning Department prior to the
issuance of a building permit.
(4) if the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and
landscaping must be installed as a protective screen.
(5) Allow access to be maintained for the north building's waste pick -up.
(6) Adequate landscaping be provided along the west edge, and cano trees and a water feature be
provided in the plaza area.
(7) Garage be adjusted in order to provide more space for landscaping.
(8) The a licant shall utilize the parking plan during construction which has been approved by..
the
Planning Department.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 19"', day of April, 2005,
ATTEST: APPROVED:
Gam,_
TY CLERK
READ AND APPROVED AS TO FORM:
ATTORNEY
MA ' R TIL
E:1Comm ltems1200513- 1- 051PS -05 -005 Special Exception Resolution.doc
Commission Vote:
4-1
Mayor Russell:
Yea
Vice Mayor Palmer
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts - Cooper
Yea
Commissioner Sherar:
Nay
South Miami
CITY OF SOUTH MIAMI hAd
OFFICE OF THE CITY MANAGER au
INTER - OFFICE MEMORANDUM
2001
To: Honorable Mayor, Vice Mayor &
Commission Members a
From: Maria Davis
City Manager
Date: April 19, 2005
ITEM No.— &
Re: Special Exception Approval
Large Scale Project in TODD
7150 -7160 SW 62 Ave.
RESOLUTION
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 LOCATE A LARGE SCALE DEVELOPMENT USE (SIX
STORY MIXED USE MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62 °d AVENUE IN THE
"TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5): PROVIDING FOR AN
EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant is requesting approval to construct a "large scale development" on property in a TODD
zoning district. The site is a 1.31 acre property (57,252 sq.ft.) as legally described above. The proposed
development consists of a six story mixed use (medical office /retail) building with a parking garage in the
rear. The building will contain 80,000 square feet of medical office and 7,801 square feet of retail space. A
special exception section in the TODD regulations (Sec.20 -89) requires that any new development built in
the zoning district on a site that exceeds 40,000 square feet must be reviewed by the Planning Board and
City Commission using the special use approval process.
APPLICABLE REGULATIONS
• LDC Section 20 -8.9 Special Exceptions
• LDC Section 20 -8.10 Bonus Allocations
BONUS ALLOCATIONS
The height of buildings in the TODD(MU -5) zoning district is 4 story maximum plus up to four additional
floors if certain design elements are incorporated. The proposed development has added two additional
floors based upon the provision of the following:
• a public plaza (5,000 sq.ft.) which will have art work
• an arcade along the full frontage of the building; which is part of the pedestrian walkway system
CONCURRENCY ANALYSIS
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
LDC Special Exception
7150 -60 SW 62 Ave.
Page 2 of 4
Code. For purposes of this report, presented below is a summary of the developer's responsibilities related
to concurrency:
a) Solid Waste
• LOS and capacity to be determined by Miami -Dade County based on capacity of the transfer
facility.
• Developer to provide copy of contract to the City
Water and Sewage
• LOS and capacity to be determined by Miami -Dade County
+ Developer to provide evidence of approval of appropriate County and State agencies
b) Drainage
• Concurrency evidenced by compliance with Florida Building Code and approved by DERM.
C) Transportation
• The site is located cast of the Palmetto Expressway and is therefore within the County
transportation management area which is exempt from meeting transportation concurrency
standards. (Comprehensive PIan, p.65)
d) Schools - Not applicable
e) Recreation Facilities- Not applicable
DEVELOPMENT PLAN ANALYSIS
Traffic: The development plan shows vehicles exiting and entering the parking garage from separate
drives along from SW 62 Ave. Staff is concerned about the location of the entrance to the garage being too
close to the intersection of SW 62 Ave and Sunset Drive. Based upon these concerns the Planning
Department retained a traffic engineer: to produce a traffic management plan which examines garage
access, level of service, signalization and turn regulations which may be required. In accordance with the
LDC the costs of the study will be charged to the developer.
Density- Floor Area Ratio: The applicant's proposed floor area ratio is 1.5, which is considerably lower
than other development projects in the area and below the maximum 1.6 FAR in the Hometown zoning
district and other office zones. The TODD(MU -5) zoning district does not limit the FAR.
Uses Permitted: Retail uses and medical offices are permitted in the TODD(MU -5) zoning district.
Parking Requirements: The applicant is providing 471 total parking spaces, in a parking garage
behind the main structure which is a requirement in the TODD zoning district. The total number of
required parking spaces for the proposed building is 432.
Setbacks: The proposed development is being built to the front property line, which is allowed. The
proposed building provides a 20 foot front setback at the 5`b and 611, floors as required by TODD
regulations. The rear setback of the garage faces an alley and a three story multi - family building. This area
requires some form of landscape screening.
Urban Design: Prior to obtaining a building permit the developer must submit to the City a plan for the art
work which will be exhibited in the plaza. If the public plaza is located abutting a vehicle access drive, a
barrier of concrete bollards and landscaping must be installed as a protective screen.
LDC Special Exception
7150 -60 SW 62 Ave.
Page 3 of 4
PLANNING BOARD ACTION
The Planning Board at its January 25, 2005 meeting adopted a motion by a vote of 5 ayes 1 nay (Mr.
Mann) recommending approval of the special exception request with conditions suggested by staff and
with the following three conditions:
(1) Allow access to be maintained for the north building's waste pick -up;
(2) Adequate landscaping be provided along the west edge and plaza area;
(3) The parking garage is to be adjusted in order to provide more space for landscaping.
SUMMARY OF TRAFFIC MANAGEMENT REPORT
Attached is a Traffic Impact Study (2- 23 -05) prepared by Richard Garcia & Associates, Inc. The study
provides an analysis of trip generation created by the proposed development and an examination of road
capacity (level of service) in the area. The report measures the existing situation and proposed. The
consultant concludes that the proposed project will not contribute any significant traffic impact, as
sufficient roadway capacity exists (p.15)_
The consultant also found no major problem with the design or location of the proposed exit and entrance
Driveways (p.10). Staff, however recommends that for safety purposes the exit driveway be limited to right
turn only.
RECOMMENDATION
It is recommended that the application requesting special exception approval to construct a large scale
development use in a TODD district be approved subject to the following staff and Planning Board
conditions:
(1) The exit driveway should be limited to right turn only.
(2) The rear setback area of the garage shall be screened from the abutting residential building by placement
of trees and landscaping. A landscape plan for this area must be submitted to and approved by the Planning
Department, prior to the issuance of a building permit.
(3) The developer must submit to the City a plan for the art work which will be exhibited in the plaza. This
plan must be submitted to and approved by the Planning Department prior to the issuance of a building
permit.
(4) If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and
landscaping must be installed as a protective screen.
(5) Allow access to be maintained for the north building's waste pick -up.
(6) Adequate landscaping be provided along the west edge and plaza area.
(7) The parking garage is to be adjusted in order to provide more space for landscaping.
LDC Special Exception
7150 -60 SW 62 Ave.
Page 4 of 4
Attachments:
Draft Resolution
Application
Letter of Intent
Location map
Planning Board Minutes Excerpt 1 -25 -05
Copies of Public Notices
Site Plan
Traffic Study
MD/DOD/SA
Y
E:1Comm ltems1200514- 9 -05 pecial Excep 7150 SW 62 Aeport.doc
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
Address of Subiect Property:
Lot(s) Block Subdivision
Meets & Bounds: �C A 11 s t
PIB
Applicant
- �rawU� C�
Phone: Phone:
qn (� �` GCti� - l `fZ 1
Representative: a�� L��,{ L
Organization: -TA
Address: i 5-10 l S"u s� C;�)-d f we
Phone: C-3105" 46Z - / e2.I
Property Owner: 6c ,,a.�(cGS/ �!-.
Signature:
f�#rx e�
71,57-0 5 W- 4Z f�� s
Mailing Address:
te a. �.c. a.�.• -, i -Ft- 3 3 t zf 3
Phone:
Architect/Engineer. Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJEU I: —
Owner ' Owner's Representative Contract to purchase ,_„_Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendment to LDC — Variance
`Zoning Map Amendment ,_,_Special Use
PUD Approval XSpecial Exception
T PUD Major Change Other
Briefly explain application and cite specific Code sections:fJp i4Gcr�i `FAY
11
Section: Subsection: Page f#: Amended Date:
SUBMITTED MATERIALS _ -
PLEASE CHECK ALL THAT APPLY:- _
Letter of intent
_ Justifications for change
Statement of hardship
Proof of ownership or letter from ownei
Power of attorney
_ Contract to purchase
(Current survey (1 original sealed and
signed/1 reduced copy @ 11" x 1T')
15 copies of Site Plan and Floor Plans
1 reduced copy g 11" x 17°
A(20% Property owner signatures A4
Mailing labels (3 sets) and map
Required Fee(s)
The unde ig ..d as read this completed application and represents that the information and all submitted materials are true and
Corr o e of the plicant's ovule ae and belief.
Z �Z
A tic 's Signature and title Date
Upon receipt, appiicatiorss d all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable re -gulations. 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
Petition Required Petition Accepted
Method of Payment
8/2/00
AnTHE
:tia,xRD- 3RAniDon
COMPANY
December 21, 2004
Planning & Zoning Department
City of South Miami
South Miami. City Hall
6130 Sunset Drive
South Miami, FL 33143
Re: Application for Special Use Permit Filed Dec. 22, 2004
The Richard- Brandon Company, Applicant
7150 -7160 SW 62 d Ave., South Miami, FL
LETTER OF INTENT
Gentlemen:
We herewith respectfully submit our application for special exception under the special
use permit process for the approval of the planned.development of a mixed -use building
and separate parking garage structure as required by Section 20- 8.9(B) of the South
Miami Land Development Code. The-proposed development is to be located at 7150-
7160 SW 62"' Avenue in the City of South Miami.
The property is governed by the Transit - Oriented Development District (T.O.D.D.)
zoning ordinance -- specifically, TODD W -5). The site area is 49,945 square feet
being in excess of 40,000 square feet, this application for requires review under the
special use permit process.
The proposed development complies with all of the applicable zoning requirements
including building setbacks, height and parking. The proposed development applies
bonuses available under Section 20 -8.10 of the Land Development Code_ The design
includes a 5,000 square foot public plaza and street -front design with arcade as part of the
pedestrian walkway system. These two bonus allocations allow two floors to be added to
the basic four floors permitted by the applicable zoning, resulting in a planned six story
building.
We are certain that the proposed project will not adversely affect the health or safety of
persons residing or working in the vicinity of the proposed use; nor will the project be
detrimental to the public welfare or property or improvements in the neighborhood. The
proposed project is perfectly consistent with the neighborhood. Furthermore, the public
plaza and arcade will greatly add to the civility of the neighborhood and community.
Accordingly, we respectfully request approval of this application.
1501 Sunset Drive
FL 33143 • Tel: (305) 662 -1421 • Fax (305) 666 -4990 • E -mail: rbco @richard- brandon.com
City of South Miami
Application No. PB -05 -005 Special Exception
Large Scale Development in TODD (MU -5) District
7150 -7160 SW 62 Avenue
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CITY OF SOUTH MIAMI PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 25, 2005
City Commission Chambers
7 :30 P.M.
EXCERPT
L 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.
Board members present constituting a quorum: Mr. Morton, Ms. Gibson
Mr. Comendeiro, Mr. Liddy, Mr. Illas, and Mr. Mann.
Board members absent: Ms. Yates
City staff present: Don O'Donrizley (Planning Director), Sanford A. Youkilis
(planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
PB -05 -005
Applicant: The Richard Brandon Co.
Location_: 7150 -7160 SW 62nd Ave.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH NaANII, FLORIDA, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL
EXCEPTION APPROVAL 30 TO LOCATE A LARGE SCALE DEVELOPMENT
USE (SIX STORY MIXED USE MEDICAL OFFICE / RETAIL) BUILDING AT
7150 -7160 SW 62nd AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED
DEVELOPMENT DISTRICT 6*11XED USE 5): PROVIDING FOR AN
EFFECTIVE DATE.
Planning Board Meeting
January 25, 2005
Mr. O'Donniley also added the following Development Plan Analysis:
Traffic: The development plan shows vehicles exiting and entering the parking
garage from separate drives along from SW 62 Ave. Staff is concerned about the
location of the entrance to the garage being too close to the intersection of SW 62
Ave and Sunset Drive. The location of both access drives into the garage must be
coordinated with the existing traffic pattern on SW 62 Ave. Based upon these
concerns the Planning Department will retain a traffic engineer /planner to produce
a traffic management plan which examines garage access. Possible adjustments to
traffic lanes, signali.zation and turn regulations which may be required. In
accordance with the LDC the costs of the study will be charged to the developer.
Density - Floor Area Ratio: The applicant's proposed floor area ratio is 1.5, which
is considerably lower than other development projects in the area and below the
maximum 1.6 FAR in the Hometown zoning district and other office zones. The
TODD(MU -5) zoning district does not limit the FAR.
Uses Permitted: Retail uses and medical offices are permitted in the TODD(MTJ-
5) zoning district.
Parking Requirements:—The applicant is providing 471 total parking spaces, in a
parking garage behind the main structure which is a requirement in the TODD
zoning district. The total number of required parking spaces for the proposed
building is 432.
Setbacks: The proposed development is being built to the front property line,
which is allowed. The proposed building provides a 20 foot front setback at the 5t'
and 6"' floors as required by TODD regulations. The rear setback of the garage
faces an alley and a three story multi- family building. This area requires some form
of landscape screening.
Urban Design' Prior to obtaining a building permit the developer must submit to
the City a plan for the art work which will be exhibited in the plaza If the public
plaza is located abutting a vehicle access drive, a barrier of concrete bollards and
landscaping must be installed as a protective screen.
RECOMMENDATION
Mr. O'Donniley concluded his report by stating that planning staff recommends
that the application requesting special exception approval to constrict a large scale
development use in a TODD district be approved subject to the following
conditions:
(1) The application will not be forwarded to the City Commission until a traffic
management plan is completed and necessary adjustments and commitments are
agreed to in writing by the developer.
Planning Board Meeting
January 25, 20 05
(2) The rear setback area of the garage shall be screened from the abutting
residential building by placement of trees and landscaping. A landscape plan for
this area must be submitted to and approved by the Planning Department, prior to
the issuance of a building permit.
(3) The developer must submit to the City a plan for the art work which will be
exhibited in the plaza. This plan must be submitted to and approved by the
Planning Department prior to the issuance of a building permit.
(4) If the public plaza is located abutting a vehicle access drive, a barrier of
concrete bollards and landscaping must be installed as a protective screen.
The Board, applicant's representative, and planning staff discussed the item. Mr.
Illas inquired about the type of trees that will surround the building. Mr. Recio
replied that the developers have not made a final decision on the trees that will be,
used around the project but the trees presented on the rendering is a possible option
of the trees that will be used. Chairman, Morton addressed the entrance and exit
routes of the building. Mr. Mann commented on the issue of arcades stated he did
not agree with the City's bonus allocations with regards to arcades, he felt that in
some cases arcades with pillars are not pedestrian friendly for residents.
Applicants present: Tony Recio, Esq (.Mr. L. Richard Mattaway' s representative)
Brandon Lurie
Jason Chandler
Mr. Recio explained to the Board, that they are requesting approval for a special
exception under the special use permit process for approval of the planned
development of a mixed -use building and separate parking garage structure as
required by Section 20- 8.9(B) of the South Miami Land Development Code (LDC).
The property is governed by the Transit - Oriented Development District (TODD -5).
In addition he noted that the proposed development is eligible for bonuses available
under Section 20 -8.10 of the LDC . The design includes a 5,000 square foot public
plaza and street front design with arcade as part of the pedestrian walkway system.
These two bonus allocations allow two floors to be added to the basic flour floors
permitted by the applicable zoning, resulting in a planned six story building. He
concluded by stating that the public plaza and arcade will greatly add to the civility
of the neighborhood and community.
Mr. Morton opened the Public Hearing.
Speakers.
NAME ADDRESS SUPPORTIOPPOSE
Jay Beckman 6520 Stu 65 St. Opposed
Mr. Beckman suggested to. the Board that a new charrette should take place so that
residents can voice their opinion about projects like this one and others. In addition
he commented that a traffic study needs to be presented for this item. Mr. Beckman
also alleged that the applicant had not submitted a required element, the existing
land use. (The applicant responded by holding up a copy of the use map it had
Planning Board Meeting
January 25, 2005
submitted with its application)
Dean Whitman 6259 SW 70 St Opposed
Mr. Whitman did not agree with the project. He also addressed the issue of garage
dump truck picking up the trash early in the morning and he would not like to see
that happen with this project.
David Landowne 6926 SW 62 Ct. Opposed
Mr. Landowne is in opposition of the project and requested that the Board not
decide until they have the traffic study to review.
Sharon McCain
Opposed
Ms. McCain believes the applicant has complied with the regulations, however, the
concurrency problem needs to be addressed.
Mr. Morton closed the Public Hearing.
Motion: Mr. Liddy moved for deferral of the application until the conditions of
the traffic study are clarified. Mr. Mann seconded the motion..
Vote: Ayes 2 Nays 4 (Ms. Gibson, Mr. Comendeiro, Mr. alas, Mr. Morton)
The motion did not pass.
Motion: Mr. Comendeiro recommended for approval the application subject to
staffs four conditions and the following conditions posed by the Board:
(1) Allow access to be maintained for the north building's waste pick -up;
(2) Adequate landscaping be provided along the west edge and plaza area;
(3) Garage be adjusted in order to provide more space for landscaping.
Ms. Gibson seconded the motion.
'Mote: Ayes 5 Nays 1 (Mr. Mann)
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Reviewf/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI PUBLIC HEARING 4/19/2006
ORD. RELATING TO AMENDMENT OF CHAPTER 18, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
04 /OB /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 mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, r ate, commission or refund for the purpose
o€ securing Is adve publication in the said
newspap
Sworn to and subscribed before me this
08 day of APRIL A.D. 2005
(SEAL)
O.V. FERBEYRE personally ;�t�0eftryl H MaR"er
My Commission D0335559
R Exp+res July 18, 2008
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