Ord. No. 24-01-1755ORDINANCE NO. 24 -01 -1755
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY 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 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 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.. 7e Street, on
the east by S.W. 591i Place, on the north by S.W. 691' Street, and on the west by S.W. 61't 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 I through 25, Block 15, Larkins Townsite Subdivision,
said site being bounded on the south by S.W_ 701i Street, on the east by S.W. 591' Place, on the north by
S.W. 691i 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, 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:
Scriber's error corrected 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 Wl' Place, SW 69s Street, and SW 6I't 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 70s' Street between SW 6I't 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 70s' Street between the building entrance and SW 59" 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 5 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.
I" Reading — September 18, 2001
2nd Reading - October 2, 2001 (As amended)
COMMISSION VOTE: 5 -0
READ AND APPROVED AS TO FORM: Mayor Robaina: Yea
Vice Mayor Feliu: Yea
Commissioner Russell: Yea
�
Commissioner Bethel: Yea
X11% 2 Commissioner Wiseombe: Yea
CITY ATTORNEY
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: October 2, 2001
and City Commission
From: Charles D. Scurr Re: Agenda Item # le
City Manager'/ LDC Rezoning: MO to
1 6// TODD(MU -5)
. Shoal Creek Properties
Request AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING
USE DISTRICT FROM THE "MO", MEDIUM- INTENSITY OFFICE
DISTRICT TO 11TODD(MU -5)11, 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 FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant is requesting a rezoning of a 2.81 acre property as legally described above in order to
construct a six story residential apartment building with 294 dwelling units and 6,812 square feet of
commercial space. According to the information submitted with the application, the floor area ratio
(FAR) for the proposed project will be 2.53. The apartment building, to be called "University Place at
South Miami ", is designed to cater to graduate and married students of the University of Miami and
young professionals who are looking for the convenience of the Metro -Rail and have easy access to most
necessities within walking distance.
The current zoning on the subject property is "MO" Medium - Intensity Office Use District, which allows
office development up to a maximum of four (4) stories, with a 1.6 floor area ratio. In order to develop
the property as described above, the applicant is requesting a zone change for the property to the
"TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District. The current TODD
LDC Rezoning
Shoal Creek Properties
October 2, 2001
Page 2 of 7
(MU -5) Zoning District permits residential and commercial uses, allows up to eight stories in height (by
bonus) and does not limit development with a maximum floor area ratio or units per acre formula.
COMPREHENSIVE PLAN AMENDMENT STATUS
Prior to this rezoning request, the applicant was required to initiate the process to amend the Future Land
Use category for the site. This separate action was necessary due to the limitations contained in the City's
Comprehensive Plan for the existing land use category, the Mixed -Use Commercial /Residential category,
in which the proposed development site is located. The height and density restrictions of that category
mandated a change to the Transit Oriented Development District Future Land Use Category. The
applicant did submit the appropriate Comprehensive Plan amendment in June 2001.
The Planning Board, acting in its capacity as the Local Planning Agency, conducted a public hearing on
the application at its July 10, 2001 meeting. At that time the Board recommended approval (5 -0) of the
application with the following condition:
"Applicant shall submit a rezoning application, with detailed site plans, which are restricted
to the following development parameters: a) Maximum number of dwelling units 300 b.)
Maximum height of structures on the site —6 stories (60,feet);c) Maximum floor -area -ratio —
2.25; d) Minimum of 10,000 sq. ft. of retail / commercial space to be located along the
ground floor of the S. W. 59`h Place frontage.
The rezoning application shall be reviewed and approved by the City Commission prior to
the second reading final adoption) of this Comprehensive Plan Land Use Amendment. The
approval of the Plan amendment and the rezoning application would then occur
simultaneously at the City Commission level. "
The City Commission held a public hearing on the proposed amendment at its July 24, 2001 meeting. At
that time, the Commission voted to approve the application on first reading and accepted that portion of
adoption of the Comprehensive Plan amendment. In order to provide the City with a maximum
opportunity to review the project in detail, it was felt that the final reading and approval of the
Comprehensive Plan amendment should be held until the rezoning application could be reviewed. The
rezoning process and the review of a submitted detailed site plan is the appropriate mechanism to place
limitations or conditions on a development project. A detailed site plan adopted as part of a rezoning
application becomes binding upon the developer and the City.
SITE ANALYIS
The subject property encompasses the entire block bounded by SW 701i Street on the south, SW 59`x' Ave.
on the east, SW 69th Street on the north, and SW 61" Ave. on the west. The property consists of 23
vacant lots and two lots occupied by a one -story building currently used as a dentist office. The site does
not have any significant features other than the fact that a number of large mature trees are scattered
through out the site.
LDC Rezoning
Shoal Creek Properties
October 2, 2001
Page 3 of
Surrounding Parcels
APPLICABLE REGULATIONS
The proposed project is subject to standards specifically set forth in the "TODD (MU -5)" Transit
Oriented Development District (Mixed Use -5) zoning district, LDC Sections 20 -8.1 through 20 -8.17
These include uses permitted' height, density, dwelling unit size (minimum), off - street parking, setbacks,
public spaces, arcades, architectural, and landscaping. In addition, a special exception provision in the
TODD regulations also requires that any new development built in the zoning district exceeding 40,000
square feet must be reviewed by the Planning Board and City Commission using the special use approval
process. The special exception application procedure also allows for consideration of modifications
(exceptions) to the standards specified in the TODD district. The applicant did submit a special exception
application, which was reviewed at the City Commission meeting on September 18, 2001, at which time
the Commission approved the application (Resolution No. 134-01-11282).
DEVELOPMENT./ SITE PLAN ANALYSIS
1. Uses Permitted: The applicant is building a residential building with limited commercial uses on the
ground floor facing SW59 °i Place. The TODD (MU -5) permits commercial and residential uses.
2 Density- Number of Dwelling Units: The proposed development will have 294 dwelling units or a
density of 104 dwelling units per acre. The TODD (MU -5) regulations specify that any number of units
may be permitted as long as parking is provided. In previous reports the staff has maintained that it is
important to ensure that the ultimate residential density for the site does not become excessive.
Residential infill projects in transit corridors and in dense urban cores have been shown to be successful
at a density of 75 -100 units per acre; however, densities significantly above 100 units per acre occur
primarily in the highest intensity urban areas. In fact, the number of units being proposed is less than the
maximum development parameter of 300 total units set forth by the Planning Board during the
Comprehensive Plan review (July).
3 Density- Floor Area Ratio: The applicant's proposed floor area ratio is 2.53 The TODD (MU -5)
regulations does not specify a maximum FAR. It is important to note that after considerable study the
City's Zoning Task Force recommended the use of the floor area ratios in TODD as the primary method
to limit density. The recommended formula is based upon the height district in which a site is located; 3
story height districts -1.6 FAR; 6 story (4 +2) height districts- 2.5 FAR; 8 (4 +4) story height districts- 3.0
Comprehensive Plan
Land Development Code
Actual Use
Existing Land Use
Existing Zoning District
Category
North
Multifamily Residential
RM 18
Residential Condominium
Low density multi - family
117 units; 2 stories
2 stoKy maximum permitted
East
TODD
TODD (MU -4)
US Post office
2 story maximum permitted
South
Mixed Use Commercial/
MO/ Medium Intensity office
Hotel; Offices
Residential
4 story permitted
Mostly 4 stories
West
Mixed Use Commercial/
H/ Hospital/ height compatible
Hospital parking lot
Residential
w/ surrounding area
APPLICABLE REGULATIONS
The proposed project is subject to standards specifically set forth in the "TODD (MU -5)" Transit
Oriented Development District (Mixed Use -5) zoning district, LDC Sections 20 -8.1 through 20 -8.17
These include uses permitted' height, density, dwelling unit size (minimum), off - street parking, setbacks,
public spaces, arcades, architectural, and landscaping. In addition, a special exception provision in the
TODD regulations also requires that any new development built in the zoning district exceeding 40,000
square feet must be reviewed by the Planning Board and City Commission using the special use approval
process. The special exception application procedure also allows for consideration of modifications
(exceptions) to the standards specified in the TODD district. The applicant did submit a special exception
application, which was reviewed at the City Commission meeting on September 18, 2001, at which time
the Commission approved the application (Resolution No. 134-01-11282).
DEVELOPMENT./ SITE PLAN ANALYSIS
1. Uses Permitted: The applicant is building a residential building with limited commercial uses on the
ground floor facing SW59 °i Place. The TODD (MU -5) permits commercial and residential uses.
2 Density- Number of Dwelling Units: The proposed development will have 294 dwelling units or a
density of 104 dwelling units per acre. The TODD (MU -5) regulations specify that any number of units
may be permitted as long as parking is provided. In previous reports the staff has maintained that it is
important to ensure that the ultimate residential density for the site does not become excessive.
Residential infill projects in transit corridors and in dense urban cores have been shown to be successful
at a density of 75 -100 units per acre; however, densities significantly above 100 units per acre occur
primarily in the highest intensity urban areas. In fact, the number of units being proposed is less than the
maximum development parameter of 300 total units set forth by the Planning Board during the
Comprehensive Plan review (July).
3 Density- Floor Area Ratio: The applicant's proposed floor area ratio is 2.53 The TODD (MU -5)
regulations does not specify a maximum FAR. It is important to note that after considerable study the
City's Zoning Task Force recommended the use of the floor area ratios in TODD as the primary method
to limit density. The recommended formula is based upon the height district in which a site is located; 3
story height districts -1.6 FAR; 6 story (4 +2) height districts- 2.5 FAR; 8 (4 +4) story height districts- 3.0
LDC Rezoning
Shoal Creek Properties
October 2, 2001
Page 4 of 7
FAR. Although this change in the regulations is yet to be adopted by the City, the developer's proposal is
in line with the recommendations that will be considered.
4 Dwelling Units- Minimum Floor Area: The applicant's proposal indicates a range of dwelling unit
types, including 28 efficiency /studio units (Type E); 65 one - bedroom units; 165 two - bedroom units; and
36 three - bedroom units. The TODD regulations (Sec. 20 -8.4) currently mandate that apartment units must
have a minimum floor area (efficiency /studio- 400sq.ft.; one bedroom -550 sq. ft.; two bedroom -700 sq. ft;
three bedroom -850 sq. ft.). All of the proposed units exceed the minimum required square footage.
5 Dwelling Units- Minimum Average Size The applicant's proposal provides that the average size for all
of the dwelling units is 870 square feet. The TODD district regulations do not require a minimum average
size for dwelling units. During its most recent deliberations City's Task Force recommended that
residential developments in the TODD district must maintain a minimum average dwelling unit size of
800 square feet. It was felt that this standard would assure a quality level of dwelling units in residential
projects.
6. Building Height: The applicant is proposing to build a six (6) story building. The TODD (MU -5)
limits building heights in this district to four stories plus up to four additional stories if certain
development actions or design standards are met (Sec. 20- 8.10). A developer may gain a bonus of one
additional floor of residential uses for every floor of residential uses proposed. The University Place
project, as proposed, could utilize a bonus of four additional floors, allowing for an 8 -story building,
however, the current application is limited to six stories. The maximum height of six stories (4 + 2 bonus
stories) for this block is one of the modifications being recommended for the TODD district by the
Zoning Task Force. In addition, the Planning Board as part of its Comprehensive Plan review, also set six
stories as a development parameter for this site.
7. Parking Requirements: The applicant is providing 550 total parking spaces, which includes 526
spaces in an attached six story garage, and 24 spaces located on street. The current TODD district parking
requirement for this project (including a bonus reduction for providing arcade space), is 585) spaces. The
applicant, as part of a separate special exception application, requested that a modification of the parking
requirement be approved. This was approved by the City Commission on September 18, 2001.
8 Building Placement (Setbacks, Lot Coverage) The applicant's proposed building covers the entire
site; ground level setbacks are zero are on SW 61" Ave. and SW 59th PI., 1'1 I" on SW 70th Street, 7'2"
on the west portion of SW 69 "' Street and 0' on the east portion of SW 69 "' Street (garage). The TODD
district (Sec. 20 -8.17 — Regulating Plan) allows for 100% lot coverage and "0 "setback on the front or
street side section of a building. The staff is concerned that the garage portion of the building lacks
appropriate buffering which could be achieved through additional setback, landscaping or other design
features. (See Staff Observations)
The regulations also require a 20 -foot building line setback beginning on the 5 "' floor and above. The
applicant's plans do not reflect this setback. The applicant, as part of a separate special exception
application, requested that that this requirement waived. This was approved by the City Commission on
September 18, 2001.
9. Building Design: The applicant is proposing a building, which will occupy the full site (block), with
internal courtyards providing amenities for the residents of the building. The entrance lobby and
commercial first floor spaces are appropriately located. A pedestrian arcade on the 59th Place street
frontage is proposed. The six story garage with an exit/entrance on 69t" Street, is located facing the low-
LDC Rezoning
Shoal Creek Properties
October 2, 2001
Page 5 of 7
rise residential community to the north.
10. Architectural Standards: The proposed building is designed in the Mediterranean Architectural
style, containing typical elements such as arcades, decorative stucco trim, Spanish roof tile, decorative
roof features, balconies, etc. Basic construction materials are identified in the site plan. The project will
be reviewed by the City's ERPB for compliance with architectural standards required in the TODD
district.
11. Landscaping/ Streetscape: The applicant has submitted the required Planting/Landscaping Plan and
a Drainage /Stonnwater Plan as part of the submitted Site Plan. The internal landscaping features and the
exterior landscaping proposed at ground level in front of the residential units is appropriate and will add
to the attractiveness of the building. The applicant, as part of a streetscape plan, is proposing special
triangular street curbing, which will provide tree planting space and delineate on street parking. The
Department is concerned that the Streetscape proposed by developer does not conform to the recently
adopted Community Redevelopment Area Streetscape Standards. (See Staff Observations)
STAFF OBSERVATIONS
1. The proposed rezoning will be consistent with and supports the goals and policies of the City's
Comprehensive Plan.
2. A residential development at this location would take full advantage of being adjacent to the transit
station and within walking distance of shops, post office, hospitals, restaurants and other amenities of
the downtown area. The use would also provide a transition between lower density residential to the
north and commercial development to the south.
3. The property is located in the Community Redevelopment Area. The rezoning is consistent with the
goals and objectives of the CRA Board.
4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site.
The Task Force's subcommittee on TODD has carried out considerable study on the district that will
be presented to the City Commission at a workshop in September. The applicant's proposal is
consistent with the following Task Force policy recommendations:
a) This block be included in the TODD land use category and TODD zoning district;
b) The subject block shall be included in a maximum six story height district allowing
for 4 stories plus 2 stories earned as a bonus;
c) All new residential multi - family buildings shall maintain an average dwelling unit
size of 876 square feet;
d) The floor area ratio in a TODD six story height district shall be 2.5.
5. The six story parking garage with an exit/entrance on SW 69`x' Street, is located facing the low -rise
residential community to the north. The staff is concerned that the garage portion of the building lacks
appropriate buffering which could be achieved through additional setback, landscaping or other
design features.
6. The applicant, as part of a Streetscape plan, is proposing special triangular street curbing, which will
provide tree planting space and delineate on street parking spaces. The staff is concerned that the
Streetscape proposed by developer does not conform to the recently adopted Community
Redevelopment Area Streetscape Standards.
LDC Rezoning
Shoal Creek Properties
October 2, 2001
Page 6 of 7
PLANNING BOARD RECOMMENDATION
The Planning Board at its August 28, 2001 meeting adopted a motion recommending approval of the
proposed rezoning with following conditions: 1) the applicant shall provide a minimum three -foot buffer
between the garage (north side) and the sidewalk; (2) applicant to redesign the proposed streetseape
elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3)
the entrance to the parking garage to be moved to the west; and, (4) storefront delivery / service, to
comply with City ordinances. The motion to approve was made by Mr. Comendeiro and seconded by Ms.
Yates. The motion was adopted by a vote of 5 ayes and 0 nays.
CITY COMMISSION ACTION
The City Commission at its September 18, 2001 meeting approved on first reading the requested
rezoning, subject to certain conditions listed in this report and in the draft ordinance. At that time the
Commission, at the request of the applicant, agreed to modify one of the City's conditions (No.7) by
adding the wording "To the extent economically feasible..... This modification appears underlined in
the conditions of approval listed in this report, and in the proposed ordinance.
RECOMMENDATION
It is recommended that the proposed rezoning request from "MO" to "TODD MU -5" be approved on
second reading subject to the following conditions, as set forth by the Planning Board, the City
Administration, and as modified by the City Commission:
(1) The proposed development shall be as shown on the submitted Site Plan, dated October 2,
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 59th 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 revised site plan as presented on October 2, 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 69th 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.
LDC Rezoning
Shoat Creek Properties
October 2, 2001
Page 7 of 7
For the portion of 70 "' Street between SW 60' 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 70 "' Street between the building entrance and SW 59 "' 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).
The rezoning ordinance shall be effective on the date when the Florida Department of Community Affairs
issues a finding of compliance with applicable Florida State Statues for the Comprehensive Plan Future
Land Use Map amendment application for the same property.
Attachments:
Proposed ordinance
Application
Letter of Intent
Location map
Property Owner Consent Forms
Copies of Public Notices
Planning Board Minutes 8 -28 -01
Survey (6 -1 -01)
Revised Site plan (October 2, 2001)
i
CS /RG L /SAY
DAComm Items\2001 \10 -2 -01 \Rezoning Shoal Creek Report.doe
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 Subject Property: S.W. 70 Street & 61 Ave. Lot(s) 1 -25
Block 15 Subdivision Larkin site
PB 2-105
Meets & Bounds: See Attached Exhibit "A"
Applicant: Shoal Creek Properties, LLC Phone:
(305) 859 -8420
Representative: Joseph G. Goldstein, Esq. Organization:
Akerman, Senterfitt & Edison, P.A.
Address: One S.E. 3° Street, 28et Fl. Phone:
(305) 7555855
Miami, Florida 33133
Property Owner: See Attached Exhibit "B" Signature:
Mailing Address: 2665 S. Sayshore Drive, 702 Phone:
(305) 859 -8420
Coconut Grove, Fl. 33133
Architect/Engineer: Mouriz, Salazar & Assoc, Inc. Phone:
(305) 273 -9911
Miami, Florida 33156
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
X Owner _Owner's Representative _Contract to purchase _Option to purchase 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
X Letter of intent.(
_ Zoning Map Amendment ASpecial Use
X Justifications for changes/
_ PUD Approval ,Special Exception
_ Statement of hardship
_ PUD Major Change _Other
X Proof of ownership or telter from owner
�/
_ Power of attorney
Briefly explain application and cite specific Code sections:
X Contract to purchase V
X Current survey (1 original sealed and
n accordance with section 20-8.9 (B) 1. this development is in excess of
40,000 square feet and qualifies as a large scale use that requires review by
"x
the Planning Board via the special unit process.
signed/1 nedl1 reduced copy 11 9T
9 py @ ) t/
X 15 copies of Site Plan and Floor Plans
^
1 reduced copy @ 11"x 17"
.L 20% Property owner signatures p/
Section: 20 Subsection: 5 8 #: 111 Amended Date: April 2000
X Mailing labels (3 sets) and map ✓
_Page
X Required Fee(s) "J OT
<"-�
dersigned has r his completed application and represents that the information and all submitted materials are true and
to the best of olicant's knowledge and belief.
July 13, 2001
Signature and title 0 U Date
Upon receipt, applications and all submitted materials will be reviewed for compliance 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
Petition Required Petition Accepted
Method of Payment
8/2/00
AKERMAN SENTERFITT
ATTORNEYS AT LAW
Joseph G. Goldstein
(305) 755 -5855
ww .jgoldsteinCakennan.com
VIA HAND DELIVERY
Mr. Richard Lorber
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE, 28TH FLOOR
MIAMI, FLORIDA 33131-1714
PHONE (305) 374 -5600 • FAX (305) 374 -5095
http://www.akerman.com
July 13, 2001
Re: Shoal Creek Properties, L.L.C. ( "Shoal Creek ") / Letter of Intent and Filing of
Application to Transit - Oriented Development District (TODD) MU -5 and
Request for Special Exception Approval
Dear Mr. Lorber
This constitutes letter of intent of Shoal Creek accompaning the filing of an application to
rezone the 2.8 net acre vacant and unimproved property located at the northwest corner formed
by the intersection of S.W. 59 "' Place and S.W. 70" Street, which is legally described in Exhibit
A (the "Property "), from MO to TODD MU -5 and seeking an associated Special Exception
approval as required pursuant to section 20 -8.9 of the City of South Miami Land Development
Code. As you may be aware, Shoal Creek has filed an application to amend the City's
Comprehensive Plan / Future Land Use Map as it affects the Property from Mixed Use
Commercial/Residential to TODD. That application was recently heard and unanimously
recommended for approval by the City's Planning Board and will be considered by the City
Commission for the first time on July 24, 2001. Shoal Creek has spent over a year and a half
assembling parcels of land and has, at this time, either acquired or has contracts to purchase the
entire City block. Its intent is to develop the property with a mixed -use structure containing
approximately 314 residential dwelling units, 7,056 square feet of retail and office space and a
537 space parking structure. This application is being provided with the intent that it too will be
considered by the Planning Board in due course and will be heard on second reading
simultaneously with the second reading of the pending Comprehensive Plan amendment.
The Property is situated directly across the street from the South Miami MetroRail
facility and parking garage, and is surrounded by the following: a United States Post Office and
the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and its
parking lot to the west; a condominium development (Lee Park) to the north; and the 117 room
(M[679267;2( AKERMAN, SENTERFITT & EIDSON, P.A.
FORT LAUDERDALE • JACKSONVILLE ORLANDO • TALLAHASSEE • TAMPA WEST PALM BEACH
Mr. Richard Lorber
7/13/2001
Page 2
Hotel Vila and its service area and garage to the south. The Property is also located within a few
short blocks of the University of Miami campus. The Property is also located within the heart of
the City's Community Redevelopment Area and Urban Infill Area. It is also located well within
the Miami -Dade County Urban Infill Area. Shoal Creek believes that this location is perfectly
situated for a principally residential facility, to be designed and marketed to meet the housing
needs of the area, particularly young professionals who work downtown and need easy access to
the MetroRail and to University of Miami undergraduate and graduate students. Thus, the
facility will feature ample recreation and service areas including a swimming pool, sand
volleyball court, club room or clubhouse area, exercise room, a billiard/game room and a small
business center.
The local geography uniquely qualifies the Property for designation in the City's Transit
Oriented Development District (TODD). The TODD was created by the City Commission to
surround the mass transit facility and to encourage high density uses which will promote the
efficiency of the land use. The purpose of the TODD is to maximize the presence of the rapid
transit center within walking distance of the district boundaries. As mentioned, the Property is
directly across the street from the South Miami MetroRail facility. Moreover, parcels east of,
and one block south of the Property that abut the MetroRail facility are designated as TODD's on
the City's Future Land Use Map. As you may be aware, it is Shoal Creek's understanding that
the TODD designation had been considered for the Property in early transit committee meetings.
Also, recent discussions within various City subcomittees have also indicated support for a
TODD designation on the Property.
In addition, the facility proposed for the Property is consistent with the type of
development intended for this land use designation. The maximum utilization of the TODD
encourages high density residential uses in multi -story projects that are characteristic of transit -
oriented developments. It is expected that residents of this facility will more regularly utilize the
rapid transit system for going to work downtown or for attending classes and extracurricular
activities at the University of Miami, who will also be more likely to walk and ride bicycles
rather than consistently using vehicular transportation due to limited parking resources within the
University.
Furthermore, redevelopment with high density uses is actually encouraged in the TODD
through flexible zoning regulations. Bonus allocations are provided in the City's zoning code
which are intended to accomplish the aforementioned goals of higher density residential
development which reduces vehicular traffic, while at the same time, encouraging a high quality
pedestrian environment. In short, the proposed apartment building is precisely the type of
transit - oriented development contemplated by the TODD.
As further justification for this application, an analysis of the impacts of the proposed
student housing facility was prepared by the Curtis & Kimball Company, which was provided to
the City as part of the pending Comprehensive Plan application. This report shows that the
impacts of this intended use is significantly lower that the already approved office zoning for the
Property. Moreover, the traffic generated by this proposed project will not only be lower than
(M1679267;2)
Mr. Richard Lorber
7/13/2001
Page 3
that of an office (particularly a medical office) but it will also generate a different distribution
away from currently impacted residential areas to the south and west.
This application, as noted above, requests the rezoning of the property and approval of a
special exception. Please note that Section 20 -8.9 of the City's Land Development Code requires
that the special exception be processed through the Planning Board as if it were a Special Use
Permit application. We believe that a "Special Use Permit' is not required, but rather that the
process must merely be followed in order to obtain Special Exception approval.
To that end and based on the foregoing, Shoal Creek respectfully requests your favorable
recommendation of this request for rezoning of the Property to TODD MU -5 and the approval of
the requested special exception. We stand ready to address any of your comments and concerns.
Sincerel ,
J eph G. oldstein
attachments
cc: Mr. Michael Getz
Mr. J.W. Harris
Mr. Tony White
Ines Marrero- Priegues, Esq.
MIAMVJAMCSS /11551161,@k01! 1007113/01
(MI679267;2
Special Exceptions / Rezoning
from MO [Medium- [ ntensity Office use]
to TODD (MU -5) [Transit Oriented Development District (Mixed Use - 5)]
SUBJECT
Mmw
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100 0 100 200 300 400 500 600 700 800 900 1000 Feet w E
S
PROPERTY OWNER'S SWORN TO CONSENT
1, James W. Harris, as Owner of the property legally described in the attached Exhibit
"A," and which is the subject of the proposed Rezoing, do hereby grant consent to Shoal Creek
Properties, L.L.C., to file this application for a public hearing.
Dated at Miami -Dade County, Florida, this kS day of _ > 2001.
HARRIS
Print Name:
Signature k t
Print Name: �t &\ae .ck"Z'
NIAJ1iri. \NLSS�I'�ro3 ?i'P "o>W11� OOC /'+/I ?NI
PROPERTY OWNER'S SWORN TO CONSENT
1, Eliana Gonzalez, as President of Dental Professional Group, Inc., which is the Owner
of the property legally described in the attached Exhibit "A," and which is the subject of the
proposed Rezoning, do hereby grant consent to Shoal Creek Properties. L.L.C., to file this
application for a public hearing.
Dated at Miami -Dade County, Florida, this_- day of av+ 2001
DENTAL PROXIF�NAL GROUP, INC.,
10
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EXHIBIT A - THE LAND
Lots 1 & 2, Block 15, TOWNSITE OF LARKINS, Plat Book 2, at Page 105,
City of South Miami, Miami -Dade County, Florida.
{ti 167• '1A 3)EX l8lT 8- SURVEYOR'S C, ERT_1_PICALE Page 1
FROM : ELIPS
PHONE NO.
305 661 5791 Jun. Oe 2001 02:27PM F1
PROPERTY OWNTWS SWORN TO CONSENT
We, George Elias, Jr., Richard A. Elias and 0. M. Elias, as Owum of the property legally
described in the attached 8sbibit "A," and which is the subject of the proposed Comprehensive
Plan Amandtnent, do hereby grant consent to Shoal Creek Properties, L.L.C., to fife this
application fa a public hearing.
Dated at Miami -Dado County, Florida, this ,day of 2001.
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Print Name:
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-PON : EL1RS PHONE, NO, : 305 661 5791 - Jun. 08 2001 02:27Pt•I P2
75/:.5/21DK :4:52 305 - 955 -8410 JW 'HARRIS
EXHIBIT A - THE LAND
Lots 3, 4, 5, 6, 7, 21, 22, 23, 24 SM 25 of Block 15 of the Larkins Townsite Subdivision, City
of Swath M12mi, Miaml•tade County, Ronda.
Page 1
CITY OF SOUTH MIAMI
QNOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearings during Its regular City Commission meeting
Tuesday, October 2, 2001 beginning at 7:30 p.m., In the City Commission Chambers,
N
6130 Sunset Drive, to consider the following described ordinance(s):
c°v AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
w SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF
m SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.30)
w ENTITLED "PERMITTED USE SCHEDULE" SECTION 203.4(8)(5) ENTITLED
a "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(8)(20) ENTITLED
"MOBILE AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR
y LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR
> WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
o ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1"
w Reading 9/18/01)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF i
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF
9 SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED
ro SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(1)(5) IN ORDER TO
INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU
d BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
i CONFLICT; AND PROVIDING AN EFFECTIVE DATE
(to Reading - September
S 18,2001)
h i AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL
w 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 LEGALLY
DESCR BEDEAS LOTS DISTRICT
THROIUGH 25, BLOCK 15, LARKINSYTOW SITE
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. (1 at Reading - September 18, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3
ENTITLED "PERMITTED USE SCHEDULE ". SECTION 20 -8.5 ENTITLED
"COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL
USE ", IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW
THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE
"TODD- (Lt -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT
INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
D �E'D(1N Reatl ngR SeptemberlN8, Y001)CT, AND PROVIDING AN EFFECTIVE
THE CITY OF
SQUOTHDMIAMI EF�ORIDA RELATING TDO AN AMENDIMENT 0 THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20-
3.6(H)(2j IN ORDER TD ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES
USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN
EFFECTIVE DATE. PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (t"
Reading -September 18, 2001)
Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular
at 305 -663 6326, ALL concerning this are nvited directed to the
and will heard. epartment
Ronera Taylor, CMC .
Cry Clerk
City of South Miami
?urxnant 1n florida Slalutes 286.11106. the fip, hereby advises the Oud, that it a person declden to appega1 any declaim
eeda e<o this d olathc proceed r and that for1 sach purynseaatlt'n d person may ne d,10 ensure thataa verbal m record o
the procaetlin4s Is made which iecoN inaudes the testnnony and evidence upon which the appeal le to be based.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, August 28, 2001
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton performed roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Morton, Mr.
Juan Comendeiro and Ms. Yates.
Board members absent: Mr. Illas and Ms. Gibson.
City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy
Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M.
Menendez (Board Secretary).
III. Public Hearings
PB -01 -015
APPLICANT: Shoal Creek Properties L.L.C.
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY 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 6IIT AVENUE; PROVIDING FOE
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
August 28, 2001
Page 2 of 5
Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items
pertaining to Shoal Creek Properties were interelated, therefore they would be discussed
simultaneously and will be voting on them separately. Mr. Lorber presented a summary of
the request for the rezoning of the above - described property, from "MO" Medium - Intensity
Office Use District, to the proposed zoning, the "TODD (MU -5)," Transit Oriented
Development District (Mixed -Use 5) Use District. A Comprehensive Plan, Future Land
Map Amendment for this project received a Planning Board recommendation of approval
at its July 10, 2001 meeting and subsequently went before the City Commission where it
received first reading approval at its July 24, 2001 meeting.
The applicant is constructing a residential building with limited commercial uses on the
ground floor facing SW 59`h Place.
Applicants: Ines Marrero - Priegues, Esq., James Harris, Michael Getz,
(Shoal Creek Properties).
Mark Pollack, Rob Curtis, Ed Llorca
Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted
a visual presentation.
Inquiries and concerns of the Board included, but were not limited to: whether access to
the garage from SW 69`h Street,is the best location; the Board did not feel that the three -
foot setback for the garage was reflected on the site plan; how the commercial section will
be serviced; types of amenities; types of retail; price range of residential units; per -unit
occupancy; and whether or not the proposed Mediterranean design of the building would
blend in with the rest of the City.
Mr. Harris stated that SW 69`h Street would be the most preferable access to the garage
because it is closer to the retail spaces. The applicant explained and reaffirmed to the
Board that the three -foot setback for the garage has been stipulated in the revised plan.
The commercial areaa will be serviced after hours. As for the exterior design of the
building it is required that the applicant bring the request to the Environmental Review &
Preservation Board (ERPB). The rental cost of the units will range between $800 - $1,800.
Ms. Marrero responded to a question on occupancy per unit that the owner will need to
comply with current HUD guidelines.
Speakers (residents):
Cal Rosenbaum, 6101 Sunset PI
Yvonne Beckman, South Miami Homeowners' Assoc.
Craig Sherar
Michele Hebert, 7000 SW 64`h Ct
Walter Harris, 7100 SW 60 Ct
Michael Miller, 6796 SW 62 °d St
Dean Witman, 6259 SW 70`h St
David Tucker, Sr., 2556 SW 7 8`h Ter
Planning Board Meeting
August 28, 2001
Page 3 of 5
Bexie Schwartz 6931 SW 62nd Ct
Roxanne Scalia, 6925 SW 63`a Ct
Catherine Goe 6241 SW SW 68`h Street, #210
David Landoe 6926 SW 62nd Ct
Al Elias, 7150 SW 62nd Ave
Greg Oravec, CRA Director
Concerns expressed by those speakers against the proposal, included but were not limited
to: increase in traffic congestion; security; insufficient parking spaces; school crowding;
loosing the green space; price range of rentals might be too high; management; size of
building; appropriate dumpsters location.
Those speakers in favor of the proposal believed that such project will help revitalize the
area.
Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the
motion with the following conditions: (1) the applicant shall provide a minimum three -
foot setback between the garage (north side) and the sidewalk; (2) applicant to redesign the
proposed streetscape elements in order to conform to the Community Redevelopment Area
Streetscape Plans for the area; (3) entrance to the parking garage should be moved to the
west; and. (4) storefront delivery / service, to comply with City ordinances.
Vote: Ayes 5 Nays 0
1PB -01 -016
APPLICANT: Shoal Creek Properties L.L.C.
Request: 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 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 59" PLACE, ON THE NORTH BY SW 69T" STREET,
AND ON THE WEST BY SW 61ST AVENUE.
Action: Mr. Mann read the item into the record and staff presented the request, consisting
of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU -5)"
section; (2) provide 550 required parking spaces where a total of 585 spaces are required;
and (3) maintain a 0 (zero) foot building line front set back where a 20 (twenty) foot
building line setback above the 4 `h floor of the building is required.
Planning Board Meeting
August 28, 2001
Page 4 of 5
At this point, the Board, staff and the applicant discussed the above proposal.
Applicants: (Same as listed under PB 01 -015 above).
Speakers (Residents): (Same as listed under PB 01 -015 above).
Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a large
scale development use in a TODD district; (2) to allow a total of 550 required parking
spaces; and (3) to waive the 20' building line setback at the 5`h and 6`h floors. Ms. Yates
seconded the motion.
Vote: Ayes 4 Nays 1 (Mr. Liddy)
PB -01 -012
APPLICANT: City of South Miami
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
BY REVISING SECTION 20- 13(1)) ENTITLED "PERMITTED USE
SCHEDULE ",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE
STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE
AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR
LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES
OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Morton read the item into the record. At this point, Mr. Comendeiro
requested that the item be deferred.
Motion: Mr. Comendeiro moved to defer the request and Mr. Man seconded the motion.
Vote: Ayes 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates)
Action: The motion to defer this item failed, therefore the Board proceeded to discuss
the proposal, which will place the appropriate restrictions and requirements on various
types of car wash activity. On July 24, 2001, the City Commission initiated the process,
directing staff to prepare a draft ordinance for review by the Planning Board and the City
Commission.
Speakers: Marcia Tabares and Don Smith, Wash World
Robert Shapiro, Esq.
Planning Board Meeting
August 28, 2001
Page 5 of 5
The Board, staff and the speakers briefly discussed the proposed ordinance, which has
been revised as per the Planning Board recommendations at its meeting of August 14,
2001, addressing mobile car wash services as permitted and special uses in the appropriate
zoning districts, and setting additional conditions of operation.
Motion: Mr. Mann moved to approve the request and Mr. Liddy seconded the motion
Vote: Ayes 5 Nays 0
Mr. Lorber reminded Mr. Shapiro that since acting as a lobbyist he needs to register with
the City Clerk as soon as possible.
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of August 14, 2001.
Vote: Ayes 5 Nays 0
VI. Discussion Items
There were no discussion items.
VII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 11:06 PM.
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