1RESOLUTION NO. _________________ 1
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A Resolution instructing the City Attorney to appeal the decision of the 3
Rapid Transit Developmental Impact Committee (“RTDIC”) concerning the 4
granting of variances to Treo Somi Station, LLC 5
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WHEREAS, Treo Somi Station, LLC (“Treo Somi”) requested five variances from the 7
development standards for the South Miami Rapid Transit Zone to permit a mixed-use housing 8
residential development consisting of 99 units of student housing, 194,050 ft.² of office space 9
and 22,600 ft.² of ground floor retail space in and abutting the area lying north of S.W. 72nd St. 10
between S. Dixie Hwy. and S.W. 59th Pl.; and 11
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WHEREAS, the variances were approved solely for the purpose of adding density to the 13
project; and 14
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WHEREAS, no traffic study of 70th Street or Sunset Drive was done to support the 16
variances; and 17
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WHEREAS, the parking needs of the project have been grossly underestimated; and 19
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WHEREAS, it is assumed that the City of South Miami (“City”) will not receive any 21
payment for police services for the project; and 22
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WHEREAS, the pervious green space of Paciencia Park, the site of part of the project, 24
will be destroyed along with 40 existing trees; and 25
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WHEREAS, the 99 units of student housing appears to be designed for 348 University of 27
Miami student residents which will be supported at the expense of the City of South Miami while 28
the University of Miami has the funds and land to build their own dormitories on their own 29
premises; and 30
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WHEREAS, the proposed Treo Somi project is located at the center of South Miami and 32
within the South Miami Community Redevelopment Area (“SMCRA”) and it is being approved 33
without taking into account the concerns of the residents of the City and the SMCRA; and 34
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WHEREAS, it appears that no needs assessment, vacancy ratios, or absorption rate 36
studies were done to determine the need for high-end market rate commercial and office spaces; 37
and 38
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WHEREAS, the first notice that was given to the residents of South Miami and the 40
SMCRA of a hearing to be held on July 19, 2017, regarding Treo Somi’s request for five major 41
variances was on or about June 27, 2017; and 42
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WHEREAS, many residents and city officials went to the July 19, 2017 hearing 44
expecting to be able to be heard before a decision was made on Treo Somi’s request for 45
variances. However, after the residents and City officials spoke, it was announced that the 46
decision to grant the variances had already been made before the hearing was held. The City and 1
its residents were told that they should have spoken sooner, notwithstanding the fact that no 2
notice and no opportunity to be heard was given to the City and its residents before the decision 3
to grant the variances was made; and 4
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WHEREAS, the RTDIC board members who voted in favor of the variances did so 6
without debate among themselves and without questioning the City residents and City officials 7
who were present at the hearing; and 8
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WHEREAS, it appears that Treo Somi failed to meet the standards for the variances that 10
were granted; and 11
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WHEREAS, Miami-Dade County is also in violation of the Citizens’ Bill of Rights since 13
no notification was given to City residents or the City of South Miami for two meetings, held 14
prior to July 19, 2017, that were alleged to have taken place and at which the decision to grant 15
the variances was made. 16
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: 19
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Section 1
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. The City Attorney is hereby instructed to file an appeal of the granting of the 21
variances granted to Treo Somi Station, LLC. 22
Section 2.
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Severability. If any section clause, sentence, or phrase of this resolution is for 24
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 25
not affect the validity of the remaining portions of this resolution. 26
Section 3.
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Effective Date. This resolution shall become effective immediately upon 28
adoption. 29
PASSED AND ADOPTED this ____ day of _____________, 2017. 31
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ATTEST: APPROVED: 33
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_____________________ ______________________ 35
CITY CLERK MAYOR 36
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READ AND APPROVED AS TO FORM, COMMISSION VOTE: 38
LANGUAGE, LEGALITY AND Mayor Stoddard: 39
EXECUTION THEREOF Vice Mayor Welsh: 40
Commissioner Harris: 41
_____________________________ Commissioner Edmond: 42
CITY ATTORNEY Commissioner Liebman: 43
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