Res. No. 134-01-11282RESOLUTION NO. 134 -01 -11282
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A
LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ",
TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5);
(2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL
OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT
SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE
BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE
FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY
LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15,
LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED
ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH
PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST
BY SW 618T AVENUE.
WHEREAS, Application No. PB -01 -016 was submitted to the Planning and Zoning
Department by Shoal Creek Properties L.L.C., said application requesting approval to construct a
large scale development on property in a TODD zoning district and two special exceptions to
modify regulations pertaining to parking spaces and building setback for property legally described
as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south
by S.W.. 70`s Street, on the east by S.W. 59`s Place, on the north by S.W. 69d' Street, and on the
west by S.W. 61' Avenue
WHEREAS, the purpose of the special exception request is to permit the development
of a six story residential apartment building with 294 dwelling units and 6,812 square feet of
commercial space on a site with 122,610 square feet; and
WHEREAS, the proposed development is located in a "TODD (MU -5) ", Transit
Oriented Development District (Mixed -Use 5) Use District; and Land Development Code Section
20- 8.9(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, the special exception application procedure also allows for
consideration of modifications (exceptions) to the standards specified in the TODD district;
and
WHEREAS, the applicant is requesting the following special exceptions: (1) provide
550 required parking spaces where a total of 585 spaces are required; (2) maintain a 0 (zero) front
setback for the fifth and sixth floors of the building where a 20 (twenty) foot setback from the face
of the building is required; and
WHEREAS, after review and consideration, the Planning and Zoning
Department recommended approval of the application ; and
Scriber's error emrected 10/22/01
WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed special
exception application, the Planning Board recommended approval by a vote of (4 -1); and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the subject application submitted by Shoal Creek Properties L.L.C.,
requesting approval to construct a large scale development on property in a TODD zoning
district and legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision,
said site being bounded on the south by S.W.. 70`h Street, on the east by S.W. 59`h Place, on
the north by S.W. 69th Street, and on the west by S.W. 615F Avenue, is hereby approved.
Section 2. That special exception requests to (1) provide 550 required parking spaces where
a total of 585 spaces are required; and (2) to maintain a 0 (zero) front setback for the fifth and
sixth floors of the building where a 20 (twenty) foot setback from the face of the building is
required; all for the above described project are hereby approved.
Section 3. This resolution shall be effective on the date when both the Comprehensive Plan
Future Land Use Map amendment application and the Official Zoning Map amendment
application for the same property are effective.
PASSED AND ADOPTED this 18, day ofSept. , 2001.
ATTEST:
/ � �Jn�n'
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYO
Page 2 of 2
Commission Vote:
5 -0
Mayor Robaina:
Yea
Vice Mayor Feliu
Yea
Commissioner Bethel:
Yea
Commissioner Russell
Yea
Commissioner Wiscombe:
Yea
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor Date: September 18, 2001
And City Commission
From: Charles D. Scurr y , I Re: Agenda Item #
City Manager �/ dl Special Exception Approval
/ Large Scale Project in TODD
Shoal Creek Properties
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 59TH PLACE, ON THE NORTH BY SW 69T" STREET, AND
ON THE WEST BY SW 61sT AVENUE.
SUMMARY OF REQUEST
The applicant, Shoal Creek Properties, is requesting approval to construct a large scale development on
property in a TODD zoning district. The site is a 2.81 acre property as legally described above. The
proposed development consists of a six story residential apartment building with 294 dwelling units and
6,812 square feet of commercial space. In addition to the large scale development use approval the
applicant is also requesting two special exceptions to modify regulations pertaining to parking spaces and
building setback.
A separate application requesting a rezoning to the TODD (MU -5) district addressed how the proposed
development responds to the standards (density, site plan, design) in the Code.
APPLICABLE REGULATIONS
A special exception section in the TODD regulations (See.20 -8.9) requires that any new development
built in the zoning district which exceeds 40,000 square feet must be reviewed by the Planning Board and
LDC Special Exception
Shoal Creek Properties
September 18, 2001
Page 2 of 3
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.
REQUESTED SPECIAL EXCEPTIONS
Required rkecial exception. 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 is requesting that a modification to allow for 550 spaces to be approved, or a
variance of 35 spaces or 6 percent.
It is important to note that under previous regulations, developments within 1,500 feet of the MetroRail
Station were able to reduce required parking by up to fifty percent, depending upon the nature and type of
use and its potential user relationship to rapid transit facilities. While the City has been in the process of
examining and modifying this provision of the LDC, it is clear that the proposed development is the type
of transit oriented facility envisaged by the Metrorail parking provisions, and that a credit for proximity to
Metrorail is appropriate. Previous credit could have been up to 50 percent; the request here is for only 6
percent, which we believe is fully justified.
Note also that the City's Zoning Task Force is recommending that parking requirements for each type of
multifamily dwelling unit in the TODD district should be reduced in order to reflect close access to and
potential utilization of the Metro -Rail. The revision, reducing the parking requirement for efficiency and
one bedroom units to one space, is the same adjustment also recommended for the Hometown zoning
district. If that reduction was in effect, the developer in this case would be required to provide a total of
519 parking spaces for residential and commercial uses, which is less than the amount being proposed. It
would appear that modification request of the applicant is reasonable and should be supported.
Building Setback at Fifth and Sixth Floors: The applicant is requesting a waiver of the current TODD
Regulating plan provision requiring a 20' set back for the upper levels of any building, 5"' floor level and
above. This is done for design and visual compatibility purposes, and is very appropriate for high rise
buildings. The applicant has stated that this setback seriously impacts residential construction which
utilizes vertical chases for utility lines and connections. In that the height of the applicant's building has
been limited to 6 stories, the request for the setback waiver is supportable
PLANNING BOARD RECOMMENDATION
The Planning Board at its August 28 2001 meeting adopted a motion recommending approval of the
special exception application. The motion to approve was made by Mr. Comendeiro and seconded by Ms.
Yates. The motion was adopted by a vote of 4 ayes and 1 nay (Mr. Liddy).
RECOMMENDATION
It is recommended that the application requesting special exception approval: 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 °i and 6 °' floors; be approved.
LDC Special Exception
Shoal Creek Properties
September 18, 2001
Page 3 of 3
Attachments:
Proposed Resolution
Application
Letter of Intent
Location map
Copies of Public Notices
Citizen Comment Letter (1)
Planning Board Minutes 8 -28 -01
CS /RGL /SAY
D: \Comm Items \2001 \9 -18 -01 \Special Excep Shoal Creek Report.doc
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 6664591
Application For Public Hearing Before Planning Board & 1
Address of Subject Property: S.W. 70"1 Street & 61 Ave. Lot(s) 1 -25
Block 15 Subdivision Larkin Towmsite
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. 3rd Street, 281" Fl. Phone:
(305) 755 -5855
Miami, Florida 33133
Property Owner: See Attached Exhibit "B" Signature:
Mailing Address: 2665 S. Bayshore 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 t/
X Zoning Map Amendment _Special Use
X Justifications for change t/
_ PUD Approval _Special Exception
Statement of hardship
_ PUD Major Change _Other
X Proof of ownership or IVer from owner
_ Power of attorney
Briefly explain application and cite specific Code sections:
X Contract to purchase
X Current survey (1 original sealed and V
Zoning Amendment from Medium Intesity Office (MO) to Transit - Oriented
Development District (TODD) Mu -5 Designation.
signed/1 reduced copy @ 11" x 17')
X 15 copies of Site Plan and Floor Plans°
1 reduced copy @ 11" x 17"
X 20% Property owner signatures ✓
Section: 20 Subsection: 5_7 Page #: 110 Amended Date: April 2000
_L Mailing labels (3 sets) and map
X Required Fee(s) V/
I signed has this completed application and represents that the information and all submitted materials are true and
corthe best f plicant's knowledge nd belief. R
�/�/ `wsr
% { i yt (�CLk �ti July 13, 2001 • 40r& 4 p, /v�
Alicant's Signature and title Date 9 Tif d"OOt- PV S /AAA MW
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code an they
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. \ Olr
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted U
Method of Payment
8/2/00
AKERMAN SENTERFITT
ATTORNEYS AT LAW
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE, 28' FLOOR
MIAMI, FLORIDA 3 313 1-1714
PHONE (305) 374 -5600 • FAX (305) 374 -5095
Joseph G. Goldstein
(305) 755 -5855
w jgoldstein @aketman.com
VIA HAND DELIVERY AND FAX
Mr. Richard Lorber
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
http://www.akeTman.com
August 13, 2001
Re: Shoal Creek Properties, L.L.C. ( "Shoal Creek ") / First Amendment to 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 the first amendment and supplement to the letter of intent of Shoal Creek,
which was filed in conjunction with the filing of applications to rezone the 2.8 net acre vacant
and generally unimproved property located at the northwest comer formed by the intersection of
S.W. 59th Place and S.W. 70th Street, which is legally described in Exhibit A of the previously
filed application (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 (the
"City ") Land Development Code.
Shoal Creek's requests arise in light of the its plans to develop a 294 dwelling unit multi-
family apartment building at an floor area ratio of 2.53. It should be noted that revised plans
have already been submitted to the City under separate cover. These revised plans differ from
those originally submitted in several favorable respects:
The total number of dwelling units has been reduced from 314, as proposed on
the originally submitted plans, to 294 on these plans.
2. The height of the structure has been clarified on the plans to reflect the height
to the top of the roof (58t feet) and to the top of parapet (62t feet).
{M1679267;3} AKERMAN, SENTERFITT & EIDSON, P.A.
FORT LAUDERDALE JACKSONVILLE ORLANDO TALLAHASSEE TAMPA WEST PALM BEACH
Mr. Richard Lorber
8/13/01
Page 2
3. Notwithstanding that there is no floor area ratio requirement in the TODD
district regulations, an FAR of 2.53 is reflected on these plans, which is a
reduction from the 2.55 FAR proposed on the original plans.
4. The commercial/office space proposed, including arcade area, is 9,409±
square feet.
5. The proposed construction materials are shown on drawings A -5 through A -7.
6. A landscape plan has been provided as sheet L -1 within the submittal package.
7. The 5 foot right of way dedications along S.W. 61" Avenue, S.W.69 `1 Street,
and S.W. 59" Place are shown on the plans.
8. The garage element, which may be accessed at three locations (in the center
and at each end), has been clarified by showing the gate and card reader as
fixed elements, the ramp elevation, and handicapped accessible spaces. We
maintain the garage in the originally proposed location in order to ensure the
ultimate functionality of the units, proximity to commercial /office uses, and
preserving the most recreational amenities, while attempting to keep the
garage elevation as residential in appearance in order for it to be compatible
with nearby residential uses.
9. Trash recepticals and chutes are common in such structures. Containers will
be wheeled out at time of pickup.
10. The continuous sidewalk is shown on sheets A -1 and L -1. The separation
between the units and sidewalk are shown on sheets L -1 and A -7. Courtyard
areas are shown on sheet L -1.
11. To the extent appropriate at the time of development, tree removal permit
applications will be provided to and processed with all agencies with
jurisdiction over the project.
Two elements of the plan bear additional discussion. Based on certain interpretations of
City Land Development Code requirements, without bonus reductions based on multiple uses,
the project is required to contain 585 parking spaces, while the plans reflect that 550 are
provided.' In addition, while the City's TODD regulations do not specify setback requirements,
the Regulating Plan (which does not include the subject property) contained in section 20 -8.17 of
` It should be noted that the TODD district regulations provide for a 20% reduction from on -site parking
requirements where more than three uses are located within the site. It is the opinion of Shoal Creek that more than
three uses are proposed within the project, to wit: multi- family residential, numerous office uses, storefront retail
uses, convenience facilities and others. However, the City staff has opined that this project does not qualify for this
bonus. Shoal Creek is proceeding with this request to have the City acknowledge that the bonus is available for it to
use, but is also requesting a special exception as suggested by the City staff without waiving its claim that this bonus
is available for its use.
{Nfi679267;31
Mr. Richard Lorber
8/13/01
Page 3
the City Code alludes to the fact that uses above four stories may be required to have their
facades setback 20 feet from the front face of the building and buildings should be setback 20
feet from the rear property line. In fact, the fifth and sixth floors of the proposed structure do not
setback. Moreover, the project is designed such that it occupies an entire City block and treats
each side as a building front. Instead, the building's design has provided significant variations in
its dimensions along the horizontal line instead of the vertical elements on all sides, which
privides a greater sense of pedestrian scale at the street level.
City staff has indicated that the special exception being sought for this project can address
the parking and setback related matters. As noted, it is unclear whether the Code actually
imposes a setback within the TODD district being requested. Moreover, the parking requested
will more than adequately serve the proposed project, in light of the proximity of the property to
the South Miami MetroRail Station.' However, the special exception section cited does recognize
that a special exception is required if there is no setback provided from the property line.
Therefore, we are requesting this special exception in an abundance of caution
This application requested 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.
Please note that this letter is a supplement to the original letter of intent provided with the
applications for rezoning and special exception in this matter. All of that letter and the
justifications in support of the application contained therein are incorporated here by reference.
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 ygtar comments and concerns.
cc: Mr. Michael Getz
Mr. J.W. Harris
Ines Marrero - Priegues, Esq.
z Please note that section 20- 4.4(H) of the City Land Development Code authorizes a reduction of up to 50 percent
of required parking for projects within 1500 feet of MetroRail. This project is well within that radius and is seeking
a mere 5.98% reduction from its required parking. However, the City advises that the Special Exception referenced
in section 20 -8.9 of the City Land Development Code is the appropriate vehicle for seeking approval of the
necessary reduction. Therefore, we will not seek this special parking permit at this time, though reserve the right to
do so at a later date. Still, the proximity of the Property to the MetroRail Station clearly supports a reduction of the
required parking.
(M1679267;3}
Special Exceptions / Rezoning
from MO [Medium- Intensity Office use]
to TODD (MU -5) [Transit Oriented Development District (Mixed Use - 5)]
SUBJECT
100 0 100 200 300 400 500 600 700 800 900 1000 Feet
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 she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/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
AUG. 28, 2001 - PS -01 -015 & PB -01 -016
in the XXXX Court,
was published in said newspaper in the issues of
08/17/2001
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 aff lent further says that she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this ad niseme r pu ication in the said
newspaper.
S ®rnto subscr ibed or e this 1 U , A. 00
(SEAL)
O.V. FERBEYRE per Dn (fnown tLEXPMES. FI ?. t. LIeSA�
•z' - Q1•( SSiCid 4 CC 655640
+•.? March 4, 2004
'.' ,Ye' t Bon OW1 PDX Jn a 111013
NOTICE OF PUBLIC HEARING 1
CITY OF SOUTH MIAMI
Planning and Zoning Department I
6130 Sunset Drive; South Miami, Florida 33143 ` �l
Phone: (305) 663 -6326; Fax #: (305) 666 -4591
On Tuesday, August 28 2001, at 7:30 P.M, the City of South Miami
Planning Board will conduct Public Hearings in the City Commission
Chambers at the above address on the following items:
PB -01 -015 -
Applicant: Shoal Creek Properties L.L.C.
Request:. AN ORDINANCE OF THE MAYOR AND CITY COM -�
MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO A REQUEST TO AMEND THE OFFI-
CIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
BY CHANGING THE ZONING USE DISTRICT FROM
THE -MO', MEDIUM - INTENSITY OFFICE DISTRICT I
TO 'TODD(MU -5)', TRANSIT ORIENTED DEVELOP -'....
MENT DISTRICT (MIXED USE 5) FOR PROPERTY LE-
GALLY DESCRIBED AS LOTS 1 THROUGH 25,
BLOCK 15, LARKINS TOW NSITE 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 BEV-
ERABILITY; PROVIDING FOR ORDINANCES IN CON-
FLICT; AND PROVIDING AN EFFECTIVE DATE.
PB -01-016
Applicant: Shoal Creek Properties L.L.C.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMIS?
SION OF THE CITY OF SOUTH MIAMI, FLORIDA, RE-
LATING TO A REQUEST PURSUANT TO SECTION
20 -8.9S) OF THE LAND DEVELOPMENT CODE FOR
• SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE
• LARGE SCALE DEVELOPMENT USE IN THE 'TODD
(MU -5)', TRANSIT ORIENTED DEVELOPMENT DIS-
TRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED
PARKING SPACES WHERE A TOTAL OF 585 SPAC-
ES 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 BUILD-
- ING IS REQUIRED; ALL FOR PROPERTY LEGALLY
DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15,
LARKINS TOWNSITE SUBDIVISION, SAID SITE BE-
ING 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 BEV-
ERABILITY; PROVIDING FOR ORDINANCES IN CON-
FLICT; AND PROVIDING AN EFFECTIVE DATE.
For more information regarding these applications or any matter,
please call (305) 663 -6326
All interested parties are urged to attend. Objections or expressions of
approval may be made in person at the hearing or filed in whiting priorto or
at the hearing. The Planning Board reserves the right to recommend to
the City Commission whatever the board considers in the best interest for
the area involved. Interested parties requesting information are asked to
contact the Planning and Zoning Department by calling 663 -6326 or writ-
ing to the address indicated above.
You are hereby advised that if any person desires to appeal any deci-
sion made with respect to any matter considered at this meeting or hear-
ing, such person will need a record of the proceedings, and for such pur-
pose may need to ensure that a verbatim record of the proceedings is,
made, "Which record includes the testimony and evidence upon which the
appeaF is to be based (F.S. 286.0105). Refer to hearing number when
making any inquiry.
8117 01.3- 73/189942M
COURTESY SUMMARY NOTICE
:.CITY. OF,SOUTH MIAMI
onse and . Scut Zoning Miami, rtorida 3
F130 e: (30 t Drive, South t #: 305) 66 93143
... ., ;. Phone: (305) 66 &6326; Faz #: (305) 666-0591
On Tuesday,'August 28, 2001, at 7:30 P.M. the City of South Miami Planning Board will
conduct Public Hearing91n the City Commission Chambers at the above address on the
following Items
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,%
FLORIDA, RELATING TO A REOUESTTO AMEND THE OFFICIAL ZONING MAP OF THE CRY
OF SOUTH MIAMI BY CHANGING THE ZONING USE DISTRICT FROM THE 'MO'; MEDIUM;
INTENSITY OFFICE DISTRICT TO YODD(MU -5)', TRANSIT ORIENTED .DEVELOPMENT
`-
DISTRICT (MIXED USED 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS i`THROUGH':-
25, BLOCK 15, LARKINSTOWNSITE 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 SEVERABILTIY:;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.,
A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE Cn.OF SOUTH MIAMI,
FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION. 20.8.9(8). OF. THE LAND'
DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO : (t) LOCATE A LARGE
_ SCALE DEVELOPMENT USE IN THE 'TODD (MU' -S)', TRANSIT ORIENTED DEVELOPMENT.
DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL"
OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK.FOR THE,
FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT. SETBACK'
FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY
DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, IARKINSTOWNSITE SUBDIVISION, SAID
SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET,ONTHE 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.
For morelnfoirnafion regarding these applications or any matter, please call (305) 663-6126. AII�
mterestea parties are urged to attend, Objections or expressions of approval may be made in
person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the
"right to recommended to the City Commission whatever the board considers In Me best interest
for the area involved. Interested parties requesting information are asked to contact the Planning
and Zoning Department by wiling 663.6326 or writing to the address Indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to
any matter considered at this meeting or hearing, such person will need a record of the
proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based
(F.S.286.0105).
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that tl1e City Commission d the Cltyof South Miami, Florida xr� conduct Pudic
Hearings at I regular City C.erf1R7456!INI meeting scheduled forTuesdaj, September 18,2D01 beginning at
7:30 p.m, in The City Commission Chambers, 6130 Sunset Drive, to consider the 109owing:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
SECTION 2433(0) ENTITLED 'PERMITTED USE SCHEDULE. SECTION 20-3.4 (B) (5)
ENTRLED GASOLINE SERVICE STATIONS" AND SECTION 2444 (8)(20) ENTITLED "MOBILE
AUTOMOBILE WASHIWAX SERVICE IN ORDER TO PROVIDE THE LOCATIONS AND SPECIFIC
STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES. PROVIDING FOR
SEVERABIM. PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN
EFFECTIVE DATE. _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20d.3(p(5) IN ORDER TO
INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
RELATING TO A REQUEST PURSUANT TO SECTION 20-3(8)(4)(b) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT '1909 CAFE' IN THE 'GR' GENERAL RETAIL ZONING USE DISTRICT,
SPECIFICALLY LOCATED AT 5714 BIRD ROAD.
AN ORDINANCE OF THE MAYOR AND CRY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CRY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE 'MO',
MEDIUM-INTENSITY OFFICE DISTRICT TO "TODD (MU-S)'. 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 Sam PLACE, ON THE NORTH BY
SW M STREET, AND ON THE WEST BY SW 61st AVENUE. PROVIDING FOR SEVERASILRY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 248.9(8) 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 ATOTAL 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 Sat PLACE, ON THE NORTH BY
SW 69th STREET, AND ON THE WEST BY SW 61st AVENUE; PROVIDING FOR AN EFFECTIVE
DATE,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING 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 2447 ENITLEO 'LIGHT INDUSTRIAL USE'. IN
ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF
EXISTING PERMITTED INDUSTRIAL USES IN THE 7000,(L1d)' TRANSIT ORIENTED
DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL-4) ZONING DISTRICT; PROVIDING FOR
SEVERABNTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVEDATE,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
SECTION 2436(H)(2) IN ORDER TO 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.
Said ordinance can be inspected at the CItY Clerk's Office, Monday - Wday during regular office hours.
Inquiries concarnirg this item should be directed to the Perming Depamoent at 305,663 -6326.
ALL interested parties are invited to attend and will be heard.
Rcnenz Taylor, CMC
OtyClerk
City of South Miami
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SOUTH MIAMI HOMEOWNERS ASSOCIATION
August 22, 2001
South Miami Planning Board
Richard Lorber
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Planning Board,
This letter concerns a request for a special exception approval for property legally
described as lots 1 through 25, block 15, Larkins townsite subdivision to provide 550
regOirec parking spaces where a total of 585 spaces are required; and 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.
Both requested exceptions raise concern. It appears that the exceptions being
prcposed are based on what the developer wants to provide rather than on what was
previously de ?ermined in the TODD regulations to be good practice. It is also
disturbing th&t the Zoning Task Force is recommending changes in the TODD
regulations to placate this developer. Planning Board and Zoning Task Force, please
explain your Hc;ior,s!
While it is understood that the city government is desperate to get this project done to
supply funding for the Community Redevelopment Agency (CRA), the quality of the
development and the physical environment of the area should not be compromised.
The proposed building will be here for a long time -- much longer than the CRA. We
request that best practices and guidelines be maintained to ensure the long -term
success of the area.
Sincerely,
Francis Meltzer
(President)
SMHA, P.O. Box 432756, South Miami, FL 33143
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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.
H. 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 61ST 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 691h 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 arena 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 64`h Ct
Michael Miller, 6796 SW 62 °d St
Dean Witman, 6259 SW 70`h St
David Tucker, Sr., 2556 S W 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`d Ct
Catherine Goe 6241 SW SW 68th Street, 9210
David Landoe 6926 SW 62 "d Ct
Al Elias, 7150 SW 62 "d 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
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 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 6l ST 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 0 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 -0I5 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)
WOW
1 1
APPLICA'N'T: 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- 3.3(D) 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; PROVIDNG 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.
RGL /mmm
K: \PB \PB ibtinutes\2001 Minutes \NIINS 08- 28- 01.doc