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DRAFT 11-1-17
ORDINANCE NO.
ATTACHMENT 13
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An Ordinance amending the City of South Miami Comprehensive Plan approving the creation of
the Downtown SoMi (OS) land use category in the Future Land Use Element for a Mixed-Use
Project on The Shops at Sunset Place property and as legally described herein.
8 WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing
9 process; and
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11 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed
12 amendments to ensure that the Comprehensive Plan provides appropriate policy guidance for growth and
13 development; and
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15 WHEREAS, the Planning and Zoning Department working with the Applicant, FRIT Shops at Sunset
16 Place Fee Owner LLC, prepared a new Future Land Use Category Downtown SoMi (DS) in order to
17 effectuate the redevelopment of The Shops at Sunset Place Redevelopment and provide for appropriate
18 densities, intensities and uses on the site; and
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20 WHEREAS, the City of South Miami and Applicant have jointly prepared a Future Land Use
21 Category amendment to permit said densities, intensities and uses on the approximately 9.68-acre Shops
22 at Sunset Place property located southeast of US1, north of SW 12nd Street between SW 57 th Avenue and
23 SW 58th Avenue; and
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25 WHEREAS, the Local Planning Agency has reviewed the proposed amendments to the
26 Comprehensive Plan and held an advertised public hearing and provided for public participation in the
27 process and rendered its recommendation of approval to the City Commission on a vote of 5 to 1.
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29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
30 SOUTH MIAMI, FLORIDA AS FOLLOWS:
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32 Section 1. The City of South Miami hereby adopts the following Amendment to the City of South
33 Miami Comprehensive Plan approving the creation of the Downtown SoMi (DS) land use category in the
34 Future Land Use Element for a Mixed-Use Project on The Shops at Sunset Place property for the property
35 identified as The Shops at Sunset Place, located at 5701 SW nndStreet and legally described in the attached
36 Exhibit 1.
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Downtown SoMi (OS) (195 Feet):
The Downtown SoMi (DS) category is intended to provide for the establishment of place-making
development that is urban in scale. This category authorizes a mixture of uses, densities,
intensities, and heights that contribute to a vibrant urban experience within walking distance to
rail-based rapid transit. The Downtown SoMi area comprises a parcel of land that is 10 acres (or
less) and generally located south of principal arterial US l/South Dixie Highway, west of minor
arterial SW 57 Avenue/Red Road and north of minor arterial SW 12 Street/Sunset Drive. Permitted
uses and structures on both a temporary and permanent basis include· retail, restaurant,
residential, hotel, office, entertainment, theaters and attractions, permanent and nonpermanent
kiosks, active rooftop uses and those uses reasonably accessory thereto.
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Permitted heights in the DS category shall be up to 195 feet as defined in the Downtown SoMi
(DS) district regulations of the South Miami Land Development Code.
The permitted Floor Area Ratio (FAR.) shall be up to 3.0 and shall only apply to non-residential
structures. Permitted residential density shall be up to 65 dwelling units per acre. Hotel uses
within this category shall be deemed part of the commercial intensity and shall not be counted
for purposes of calculating residential density or intensity. For the avoidance of doubt, residential
uses shall not count towards FAR. and commercial uses (including hotel uses) shall not count
towards residential density.
57 Section 2. Codification. The provisions of this Ordinance shall become and be made part of the
58 Future Land Use Map of the City of South Miami's Comprehensive Plan, as amended.
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60 Section 3. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any
61 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
62 the validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder.
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64 Section 4. Ordinance in Conflict. All ordinances or parts of ordinances and all sections and parts
65 of sections of ordinances in direct conflict herewith are hereby repealed.
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67 Section 5. Effective Date. This small scale development amendment ordinance shall become
68 effective 31 days after its adoption, if unchallenged, otherwise, if it is challenged, it shall become effective
69 immediately after the state land planning agency or the Administration Commission, respectively, issues
70 a final order determining that the adopted small scale development amendment is in compliance as
71 provided by Chapter 163.
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PASSSED AND ENACTED this __ day of ______ , 2017.
ATIEST:
CITY CLERK
1st Reading
2nd Reading·
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
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EXHmITl
LEGAL DESCRIPTION
102 The land referred to herein below is situated in the County of Miami-Dade, State of Florida, and is described
103 as follows:
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105 A PORTION OF BLOCKS 1 AND 2 AND THAT STREET BETWEEN BLOCKS 1 AND 2 DESIGNATED AS
106 CHURCH STREET, KNOWN AS NORTH RED COURT, AND NOW KNOWN AS SW 57 COURT, "CARVERS
107 SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 AT PAGE 36 OF
108 THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
109 DESCRIBED AS FOLLOWS:
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111 COMMENCE AT THE SOUTHWEST CORNER OF LOT 13, BLOCK 2 OF SAID RECORDED PLAT OF
112 "CARVERS SUBDIVISION"; THENCE NORTH 04' 17' 45" WEST, ALONG THE WEST LINE OF SAID LOT 13,
113 FOR 25.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND;
114 THENCE CONTINUE NORTH 04' 17' 45" WEST, ALONG THE WEST LINE OF SAID LOT 13, FOR 125.19
115 FEET TO THE NORTHWEST CORNER OF SAID LOT 13; THENCE NORTH 85' 14'41" EAST, ALONG THE
116 NORTH LINE OF SAID LOT 13, FOR 50.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 13; THENCE
117 NORTH 04" 17' 56" WEST, ALONG THE WEST LINE OF LOT9 OF SAID BLOCK 2, FOR 5007 FEET TO THE
118 NORTHWEST CORNER OF SAID LOT9; THENCE SOUTH 85"14' 30" WEST, ALONG THE SOUTH LINE OF
119 LOT 17 OF SAID BLOCK 2, FOR 139.57 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SW 58TH
120 AVENUE, AS DESCRIBED IN THAT CERTAIN RIGHT-OF-WAY DEED, RECORDED IN OFFICIAL
121 RECORDS BOOK 17359, AT PAGE 3073, THE FOLLOWING FOUR (4) COURSES BEING ALONG THE SAID
122 EASTERLY RIGHT-OF-WAY LINE OF SW 58TH AVENUE; THENCE NORTH 04'26' 38" WEST, ALONG A
123 LINE 11.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOTS 17, 18 AND 19 OF SOLD
124 BLOCK 2, FOR 142.96 FEET TO A POINT; THENCE NORTH 03' 10' 15" WEST FOR 9.00 FEET TO A POINT;
125 THENCE NORTH 02' 32' 40" EAST FOR 49.89 FEET TO A POINT: THENCE NORTH 04' 00' 50" WEST FOR
126 139.26 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 2; THENCE NORTH 45' 46' 59"
127 EAST, ALONG THE NORTHERLY LINE OF SAID BLOCK 2 AND THE SOUTHERLY RIGHT-OF-WAY LINE
128 OF SOUTH DIXIE HIGHWAY NO.1 (STATE ROAD NO.5), FOR 334.10 FEET TO A POINT; THENCE NORTH
129 46' 42' 58" EAST. ALONG THE RIGHT-OF-WAY LINE OF STATE ROAD NO.5, AS DESCRIBED IN THOSE
130 CERTAIN RIGHT-OF-WAY DEEDS, RECORDED IN DEED BOOK 4131, AT PAGE 596AND DEED BOOK
131 4132, AT PAGE 11, FOR 366.95 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE IN THE
132 WESTERLY RIGHT-OF-WAY LINE OF SW 57TH AVENUE (RED ROAD), AS DESCRIBED IN THAT
133 CERTAIN RIGHT-OF-WAY DEED, RECORDED IN OFFICIAL RECORDS BOOK 17500, AT PAGE 3714;
134 THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A
135 RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 128" 58' 48" FOR AN ARC OF 56.28 FEET TO A POINT OF
136 TANGENCY WITH A LINE 31.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID BLOCK
137 1; THENCE SOUTH 04'18' 13" EAST, PARALLEL WITH THE EAST LINE OF SAID BLOCK 1, FOR 912.39
138 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CIRCULAR CURVE
139 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 89" 33' 27"
140 FOR AN ARC DISTANCE OF 39.08 FEET TO A POINT OF TANGENCY WITH A LINE 25 00 FEET NORTH
141 OF AND PARALLEL WITH THE SOUTH LINE OF SAID BLOCKS 1 AND 2; THENCE SOUTH 85" 15' 14"
142 WEST, PARALLEL WITH THE SOUTH LINE OF SAID BLOCKS 1 AND 2, FOR 474.40 FEET TO THE PO'INT
143 OF BEGINNING.
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145 LESS:
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147 A PORTION OF BLOCK 2, "CARVERS SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS
148 RECORDED IN PLAT BOOK 6, AT PAGE 36 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
149 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE NORTH 45' 46' 59" EAST,
150 ALONG THE NORTHERLY LINE OF SAID BLOCK 2 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF
151 SOUTH DIXIE HIGHWAY (STATE ROAD NO.5), FOR 111.33 FEET TO THE POINT OF BEGINNING OF THE
152 HEREINAFTER DESCRIBED PARCEL; THENCE RUN NORTH 60' 15' 22" EAST FOR 19.09 FEET TO A
153 POINT; THENCE RUN NORTH 46' 45' 04" EAST FOR 12076 FEET TO A POINT OF CURVATURE WITH A
154 CIRCULAR CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE
155 TO THE RIGHT, HAVING A RADIUS OF 51.50 FEET, A CENTRAL ANGLE OF 40" 59' 38" FOR AN ARC OF
156 36 85 FEET TO A POINT; THENCE RUN NORTH 07" 08' 49" WEST FOR 25.08 FEET TO A POINT ON THE
157 NORTHERLY LINE OF SAID BLOCK 2; THENCE SOUTH 45' 46' 59" WEST, ALONG THE NORTHERLY LINE
158 OF SAID BLOCK 2 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH DIXIE HIGHWAY (STATE
159 ROAD NO.5), FOR 187.90 FEET TO THE POINT OF BEGINNING. KD~Q
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MIAMI DAILY BUSINESS REVIEW
Published CaDy except Saturday, SUnday and
Legal Holidays
Miami. Miami-OacIe County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK., Legal Notices of the Miami Daily Business Review
fIkIa Miami Review. a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at M"l3mi in Miami-Dade
County, Aorida; that the attached copy of advertisement,
being a legal Advertisement of Notice in the matter of
NonCE OF PUBUC HEARING
CITY OF SOUTH MlAMl-NOV. 6, 2017
in the XXXX Court,
was published in said newspaper in the issues of
10127/2017
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. Ronda 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.
Ronda, for a period of one year next preceding the first
. publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
or _co~on any discount. rebate, commission
~-r seaJring this advertisement for
-~7"
(SEAL)
MARIA MESA personally known to me
• ~\\\I\II!1I1t1ill ,}''':~\"IERR ... ,;:~/',,, ~~~~:~~.~ ~ ~ .... r~~· .. · ~ ~ ::.~~s.~'" ~ ~ :~0 ':*= ~*: ;;;13 : E ~~':... q,':S§ ~ ~ ",,~., 8"nde4~~...<O.· ~;:; ~ ~~;".~F.sn b\$\);'~" ~ ~ ~ rp,~~~ •• "· de ~
)'111/.':'''4IC, Sf¢: #' 111"II1I1\\1\\\'~
. CITY OF SoUTH MIAMI
NOnCE OF PUBUC HEARING
:NOTICE IS HEREBY giVen that the Cfty Commission of the City of SOuth
.Miam~ Aorida will ~ncluct .Public Hearing(s} at a Special City Cpmmission
:meeting scheduled for Monday, November 6, 2017, beginning at 7:00 p.m.,
in ~ City Commission Chambers, 6130 Sunset Drive, to cci~der the
following item(s): .
NaT£!: I.ocaIion Map applies ID aU items below
(
'An Ordinance amending' ~e City of SoUth Miami Comprehenshre Plan)·
approving the creation of the DOwntown So~i (OS) land us~ category ·in
~e F. uture Land. . Use Bement for a· Mixed-Use Project on The Shops at
Sunset Place property.and as legally described herein . . .
An Ordinance ProViciiii~· for·a Sinall.&aIe' Map-Am~dmeiit amending·. the
City of South Miami Compreh-.e Plan Future Land Use Plan Map from
Mixed Use Commercial-Residential· (Four-story) ·to··Elowntovm· SeMi (OS) \
(195 feet) on a 9.68-acre property known as The Shops at Sunset Place .
. ~~~~~~.h~il}
An ordinance .pursuarit to Section 2():.S.7 and other applicable provisionS
of the City of South Miami Land Development CocIe c;reating ARTICLE XII. _
Down!cwn SaM; (OS) District Regulations; modifying Section 211-3.1 Zoning
use districts and" purposes (A)' and (8); modifying Section 21l-3.3{D) Permitted
Use Schedule; creating Section 20-3.3(F) Outdoor Seating/Dining Within
the Downtown SoMi (OS) Zoning Oistrict; modifying Section 20-3.5(8) and
(C) Dimensio.naI requirements; ..-ng Section 20-3.5(1) Dimensional
Requirements IlownIown SaM; District; modifying SeCtiOn 211-3.6 Supplemenlal
regulalicils; mocflfying Section :ID4.3 ·Sign regulations; modifying Section
.204.5 Landscaping and tree protectian. requiremenIS for all ZDIling districts;
modifying Section 204.5.1 Tree protedion;.mocfilying Section 20-5.11 Site
plan review approvals; modifying Section 20-6.1 Administrative entities in
order to effectuate a Mixed-Use Project on the Shops at SUnset Place
property as legally desaibed herein
,An Ordinance pUlSUalll to Section 20-5.7 and other appl~e provisions
of the CIty of South Miami .Land Developm~nt CocIe providing for a Map
Amendment to the CIty of South Miami Official Zoning Map from Speciaity
A_ (SA) toDowntown SoM; (OS) on a 9.tl8-acre"property known as The.
Shops at Sunset Place and as legally describeO herein
An Ordinance. pursuant to Section 2()"5.7 and oHler appncabte provisions
.Of the City of South Miami Land. Development -Code. providing for a Map
~Amendment·to-the City of:South Miami Official Zoning Map to remove the
· Hometown District· 0Veriay designation on a 9.68-acre .property known as
;The $hops at Sunset Place . .
'A Resolution pursuant to new ARTICLE XII Downtown&'Mi District
· Regulations and ARTICLE V Procedures arid· Applications and other
applicable provisions of 1he City of South ri/liami Land.Development Code
.approving a request by FAIT Shops at Sunset Place Fee Owner, LLC "kiT
:Site Plan approval for a Mixed-Use Prpject consisting of Retail, Office.
· Residential and Hotel components on The Shops at Sunset Place property
:aslegallyd~hereill .
. ALL interested parties are invited "to ~ and will be h~.
For further information. please contact the Planning· & Zoning Department's
Office at 305-663-6326, '
Maria M. Meneridez, CMC
CltyCIIirk
:Pursuant to Ronda Stati.rtes-286.0105. the City hereby advises the public
that if a person decides to appeal any decision made by.this Board, Agency or
Commission With respect to any mailer considered at its meeting or hearing •
·he or she will need a record of the proceedings, and that for such purpo~,
·affected person may need to ensure·that a verbatim recOro of the proceedings.
is made which record includes the testimony and evidence upon which the
appeal is to be based.
10/27 ___ .1'c-!llIQ@.0269901M
SUNDAY OCTOBER 29 2017
MIAMIHERALD.COM NEIGHBORS
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
I 31SE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at a Special City Commission meeting scheduled for Monday.
November 6. 2017. beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
NOTE: Locatioll Map applies to all items below
(AnOrdinance amending the City of South Miami Comprehensive Plan approving the creation of the Downtown SoMi IDS) land use category in the Future Land Use Element for a MiXCd-U::.)
'{rajcct on The Shops at Sunset Place property and as legally described hcrein
An Ordinance providing for a Small-Scale Map Amendment amending the City of South Miami Comprehensive Plan Future Land Use Plan Map from Mixed Use Commercial Residential
(Four-Story) to Downtown SoMi (DS) (195 feet) on a 9,68-acre property known as The Shops at Sunset Place and as legally described herein
An Ordinance pursuant to Section 20-5,7 and other applicable provisions of the City of South Miami Land Development Code creating ARTICLE XII. -Downtovm SoMi (DS I District Regulations:
modifying Section 10-3, I Zoning use districts and purposes (A) and (8); modifying Section 20-3.3(0) Permitted Use Schedule; creating Section 20-3.3(F) Outdoor Seating/Dining Within the
Downtown SoMi (DS) Zoning District: modifying Section 10-3,5(8) and (el Dimensional requirements: creating Section 20-3.5(1) Dimensional Requirements Downtown SoMi District: mOdifying
Section 20-3.6 Supplemental regulations; modifying Section 20-4.3 Sign regulations: modifying Section 20-,1.5 Landscaping and tree protection requirements for all zoning districts: modifying
Section 20-4.5.1 Tree protection; modifying Section 20-5.1 I Site plan review approvals: mOdifying Section 20-6.1 Administmtive entities in order to effectuate a Mixed-Use Pr~iect on the Shops
at Sunset Place property as legally described herein
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code providing for a Map Amendment to the City of South Miami Official
Zoning Map from Specialty Retail (SR) to Downtown SoMi (DS) on a 9.68-acre property knO""' as The Shops at Sunset Place and as legally described herein
An Ordinance, pursuant to Section 20-5,7 and other applicable provisions of the City of South Miami Land Development Code, providing for a Map Amendment to the City of South Miami Official
Zoning 1\·lap to remove the Hometo"~l District Overlay designation on a 9,68-acre property kno"" as The Shops at Sunset Place
A Resolution pursuant to new ARTICLE XlI Downtol'o'11 SoMi District Regulations and ARTICLE V Procedures and Applications and other applicable provisions of the City of South Miami
L.and Development Code approving a request by FRIT Shops at Sunset Place Fee Owner. LLC for Site Plan approval for a Mixed-Use Project consisting of Retail. Office, Residential and Hotel
components on The Shops at Sunset Place property as legally described herein
ALL interested pm1ies are invited to attend mld will be heard.
For further infonnation, please contact the Planning & Zoning Department's Office at: 305-663-6326,
Maria M. Menendez. CMC
City Clerk
Pursu:mt to Florida Statures 2863)105. the City hereby advises the-public that if a person decides (0 appeal any decision made by lhis B~)ard. Agency or Commission wilh respe .. :t lo :my matter ~on5itlert:d at irs meering or hearinl!. he or she
will ne-cd a record of the pTlxe~~djn&s. nnd that for [.;\1ch purpose. affected person may net~d to l~nsure that a verbatim record of tht~ prOl.~eeding~ is made whidl record includes thl~ testimony and evidence upon which thl" appC'aJ is to bl~ based.