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6 - Attachment - 181 2 3 4 5 6 7 8 9 DRAFT 11-1-17 RESOLUTION NO. ATTACHMENT 18 A Resolution pursuant to new ARTICLE XII Downtown SoMi District Regulations and ARTICLE V Procedures and Applications and other applicable provisions of the City of South Miami Land 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. 10 WHEREAS, FRIT Shops at Sunset Place Fee Owner LLC has submitted an Application requesting 11 approval of a site plan in conjunction with the redevelopment of The Shops at Sunset Place located at 12 5701 SW nnd Street; and, 13 14 WHEREAS, the mixed-use project consists of: 440,148 sq. ft. of shopping center (which includes 15 the 4,OOO-seat movie theater); 32,840 sq. ft. of office; 40 dwelling units totaling 40,500 sq. ft.; 414 rental 16 apartments in two (2) buildings; 182-room hotel; two additional levels of parking added to the existing 17 parking structure; 216 additional parking spaces located underground; and, additional landscaping and 18 reconfigured public spaces and plazas; and, 19 20 WHEREAS, The Shops at Sunset place site plan as proposed is consistent with the proposed new Article 21 XII and Sections 20-3.3(F), and 20-3.5(1) and modifications to Sections 20-3.1, 20-3.3(0), 20-3.4, 20-3.5(B and C), 22 20-3.6,20-4.3,20-4.5,20-4.5.1,20-5.11 and 20-6.1 of the Land Development Code ofthe City of South Miami. 23 24 WHEREAS, at its October 26,2017 meeting the City of South Miami Planning Board recommended 25 approval with conditions ofthe site plan with the vote being 6-1 in favor; and, 26 WHEREAS, the City Commission desires to approve the The Shops at Sunset Place site plan, with 27 conditions. 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 29 SOUTH MIAMI, FLORIDA AS FOLLOWS: 30 31 Section 1. The foregoing [{WHEREAS" clauses are hereby ratified and confirmed as being true and 32 correct and are hereby madea specific part of the Resolution upon adoption hereof. 33 34 Section 2. The City of South Miami hereby approves, with conditions, the site plan submitted in 35 conjunction with the redevelopment of The Shops at Sunset Place located at 5701 SW nnd Street for a 36 Mixed-Use Project on The Shops at Sunset Place property. A copy of the site plan is attached hereto and 37 made a part hereof as Exhibit [{A". Said conditions are enumerated below: 38 39 40 41 42 43 44 General Conditions 1. The proposed development will be substantially built in accordance with the documents submitted including: Letter of Intent; Exhibit A (10.16.2017); P.roject Narrative and Overview (October 16, 2017); Design Concept Exhibits (October 16, 2017); Traffic Study (October 2017); Parking Study (October 16, 2017); and, Sunset Place Valet Operations Plan. Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2. The proposed development will be substantially built in accordance with the plans submitted entitled "The Shops at Sunset Place Planning Board Submittal Drawing Set 10.06.2017", consisting of 44 sheets and prepared by Zyscovich Architects and dated 10/6/17 and the survey that was prepared by E. R. Brownell and Associates, Inc. and consists of three sheets dated 7/19/17; 10/26/16; and 10/26/16, respectively. 3. All documents submitted with this application are to be made part of the record. 4. All off-site improvements required under any approvals shall be completed prior to the first Certificate of Occupancy of Phase 2, unless such deadline is extended by the City Manager. 5. Any improvements in the Public Right-of-Way shall be approved by the applicable agency (FDOT, Miami-Dade County and/or City of South Miami). 6. All impact fees shall be paid by the Applicant prior to issuance of building permit. 7. The Applicant shall provide a letter acknowledging compliance with the applicable Level of Services requirements prior to the issuance of final permit to the property. If any concurrency approvals expire a re-review shall be required by the appropriate agency. 8. Any changes that increase densities, intensities or population shall require a new Concurrency Analysis. 9. Applicant shall submit verification from Miami-Dade County that the proposed new development has been reviewed and approved for all access management considerations prior to site plan approval. 10. Flood elevations shall be reviewed and approved for consistency with FEMA requirements and the City's National Insurance Flood Program Ordinance prior to building permit approval. 31 11. The Applicant shall comply with applicable conditions and requirements by Miami-Dade 32 County Public Works Department, Fire Rescue Department, Department of Regulatory and 33 Economics Resources -DERM (DRERL Miami-Dade County Water and Sewer Department, and 34 FDOT. 35 36 Construction General Conditions 37 38 12. A Construction and Maintenance ofTraffic (MOT) Plan shall be provided by the Applicant 39 to the Building and Public Works Departments for approval prior to start of construction. Access 40 points by construction vehicles shall be provided within the MOT. All construction vehicles must 41 use SW 58 th Avenue, unless otherwise approved by the Building and Public Works Department. 42 43 13. The Applicant shall provide a Construction Air Quality Management Plan to the Building 44 and Public Works Department prior to the start of construction and there shall be no deviation 45 without written consent ofthe City Manager. 46 Page 2 of 5 1 2 3 4 5 6 7 14. A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by the Applicant at time of building permit and there shall be no deviation without written consent of the City Manager. 15. Construction shall only take place Monday through Friday during the hours of 8:00 a.m. and 5:00 p.m. 8 Landscaping 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Traffic 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 16. The Applicant shall meet all of the minimum requirements of the City Code, Chapters 18 and 24 of the Miami-Dade County Code and specifically comply with all conditions imposed by Miami-Dade County Department of Regulatory and Economic Resources -DERM (DRERL if any. 17. The property shall be landscaped in accordance with the landscape plan, included with the site plan submittal. 18. Pursuant to Sec. 20-4.5, as may be amended, the Applicant shall preserve existing trees (including native trees) during the development of the project, wherever possible. If the trees must be removed, the Applicant shall be required to mitigate the impact in accordance with City requirements. Ifthe relocated trees do not survive, the Applicant shall be required to replace the trees in compliance with City requirements. 19. That the Applicant comply with the Miami-Dade County Landscape Code, as applicable. 20. That the Applicant participate with the City in its efforts to obtain certain approvals from the Florida Department of Transportation (FOOT) to permit the following traffic movement: Left turns from Eastbound Sunset Drive to Northbound US1. 21. That the Applicant submit a 58th Avenue Traffic Assessment on an annual basis for a period of five (5) years after completion of the Phase 2 construction. 22. That the Applicant design and propose for City Commission approval prior to the first Certificate of Occupancy of Phase 2, unless such deadline is extended by the City Manager, bicycle and pedestrian safety improvements along the adjacent road segments to the development as outlined in the South Miami Intermodal Transportation Plan (SMITP) dated January 2015. This includes the following: • Neighborhood Greenway and bicycle lanes along SW 70th Street • Bicycle Infrastructure along Sunset Drive and 57 th Avenue/Red Road • Neighborhood Greenway along SW 58 th Avenue • Crosswalk Improvements at the intersection of US-l and SW 70th Street/SW 58 th Avenue and US-l and SW 57 th Avenue/Red Road. Reference Figure 1 Network Plan included in the adopted SMITP. 46 Off-Street Parking/Lighting 47 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 23. The project shall provide the minimum required number of parking spaces for the proposed development which is 2,369. 24. The Applicant shall install and maintain light fixtures which project the light rays directly to the street, and shall include shields which restrict projection of light rays outward to adjacent properties and also restrict the upward projection of light rays into the night sky. 25. That the off-street parking standards within Sec. 20~4.4 remain applicable for the proposed development. 11 Environmental 12 13 14 15 16 17 18 19 20 Signs 21 22 23 24 26. The Applicant shall meet the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual, effective January 2009, as may be amended from time to time. 27. All storm water drainage systems shall be maintained in working order at all times in order to avoid localized flooding during and after a storm. Parking shall be prohibited on top of any drainage inlet or drainage manhole. 28. Provide and obtain approval for the Master Signage Plan prior to submitting for building permit approval. 25 Architecture 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 29. Substantial compliance with the approved plans including: design, materials, and color palette. 30. The proposed development will be substantially built in accordance with the documents submitted including: Letter of Intent; Exhibit A (10.16.2017); Project Narrative and Overview (October 16, 2017); Design Concept Exhibits (October 16, 2017); Traffic Study (October 2017); Parking Study (October 16, 2017); and, Sunset Place Valet Operations Plan and the plans submitted entitled liThe Shops at Sunset Place Planning Board Submittal Drawing Set 10.06.2017", consisting of 44 sheets and prepared by Zyscovich Architects and dated 10/6/17 and the survey that was prepared by E. R. Brownell and Associates, Inc. and consists of three sheets dated 7/19/17; 10/26/16; and 10/26/16, respectively. 31. The Applicant shall further be required to comply with all applicable land development regulations. 42 Section 3. Effective Date. This Ordinance shall be conditioned on the enactment of an ordinance 43 creating Downtown SoMi (OS) zoning district and shall become effective immediately after the enactment 44 that ordinance creating the Downtown SoMi (OS) zoning district. 45 46 47 PASSSED AND ADOPTED this __ day of ______ , 2017. Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ATIEST: · CITY CLERK 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: Page 5 of 5 MIAMI DAILY BUSINESS REVIEW Published DaRy except Saturday, SUnday and legal HolidayS Miami, Miami-Dade County. Ronda STATE OF FLORIDA COUNTY OF MlAMI..oADE: 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 da~y (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Ronda; that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of NonCE OF PUBUC HEARING CITY OF SOUTH MIAMI-NOV. 6, 2017 in the XXXX Court. was published in said newspaper in the issues of 1012712017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dacle County. Rorida and that the said newspaper has heretofore been continuously published in said Miami-Dade County. Aorida 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. Rorida, 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 (SEAL)' any discount. rebate. commission this advertisement for MARlA MESA personally known to me ,.~\\\\IIIIIIIIIIII/. ""':~\'IERR"'';'''I/. ~ :!\.~.-;~.~;.~ ~ #~.~lON~" .. ~ ! :~~~s.~~~'" '% ~,~~-0;;;" i:~ %~\.~8on e4~~ r../~j ~% ·.~;41~\)~~~ 'l"z'i';-Pt:.:···~.C<' ~ ~///,J''''auc 5\i"~ \'\~ ~11""I1'mll\\\\~ .' CITY OF SOUTH MIAMI- NOnCE OF PUBUC HEARING 'Nonce JS' HEREBY giVen that the Ciiy Commission of the G-Ity of SOuth Miami, Rorida will ~nduct Public Hearing(s) at a Special City Cpmmission meetipg scheduled for Monday, November 6, 2017. beginning at 7:00 p.m., in th!3 CIty COmmission Chambers, 6130 Sunset Drive, to consider the -following item(s): -- NOTE: L.ocation Map applies to an items below An Ordinance .amending the City of South Miami Comprehensive Plan approving the creation of the DOwntown So~'Ii (OS) land use, category 'in the Future LaiJd Use Bement for a' Mixed-Use Project on The Shops at Sunset Place property.and as legally described herein . An 6rdinan~ ProViding' for-a STnaII-Scale" M3p~~dmerit amending. the CIty of South Miami Comprehensive Plan Future land Use Plan Map from Mixed Use Commercial·-Residential (Four-Story) ·to -ao_ SoMi (OS), (195 feet) on a g.BS-acre property known as The Shops at Sunset Place ' ~.as!.~a1.,¥~~~~_h~~. k 6rd·inMce .pursuartt to" Section '2Q:.5.7 aOd other applicable' provisions of the CIty of South Miami land Development Code cnoating ARTICLE XII. _ Downtown SoMi (OS) Ilis1rict ReguJaIions; modifying Section 2041 Zoning use disIricIs .n<fpurposes (A). and (8); modifying Section 2043(0) _ Use Schedule; creating Section 20-3.3(F) Outdoor Seating/Dining Within the Downtown SoMi (OS) Zoning District; mocflfying Section.2D-3.5(8) and (C) Dimensional requirements; _g Section 20-3.5(1} Dime~a1 Reqtmments Ilown!own SoMi IliStricI; rilodifying SecliOli 20-3.6 Supplemental regulations; mocfd'ying Section 20-4.3 "Sign regulations; modifying Section .20-4.5 ~ing and '"'" protection requirementS· for all zoning dislric:ts; inocflfying Section 20-4.5.1 Tree prc!action;mocflfying Section 2!H;.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 Clrtfmance pursuant to Section 20-5.7 and other applicable provisions :'~:'''io~':''~~~~ M':."Itim"':i ~~~~~~ Retail (SA) to-Downtown SeMI (OS) on a 9.68--acre· property known as The. Shops at SUnset Place and as legally desaibed herein An Ordinance. pw-suant 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 af;South Miami Official Zoning Map to remove the .Hometown District OVerlay designation on a 9.68-acre property known as :111e Shops at Sunset Place _ _ _ ( :A Resolution pursuant to new AR11CLE XII Downtown SoMi District) 'Regulations and ARTICLE V Procedures and Applications and other -.applicable provisions of the City of South Miam. i Land .Development Code approving a request by FRIT ShoPs at Sunset Place Fee Owner, LLC fpr :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 desaibed herei" - ALL interested parties are invited to atten~ and will be h~. For further information, please contact the Planning'&Zoning Department's Office at 305-663-6326. Maria M. Me~dez. CMC CityCiOrk . Pursuant to Aorida Stahrte~r 286:01 OS, 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 matter considered at its meeting or hearing, he or she will need a 'record of the proceedings. amI' that for such purpose, ;affected person 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. 10/27 _._ JJ.:?9fQQQ.Q?p9901M SUNDAY OCTOBER 29 2017 MIAMIHERALD.cOM NEIGHBORS CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING I 31SE 1\OTlCE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Puhlic Hearingls) 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 Dlive, to consider tbe following item(s): NOTE: Locatioll Map applies to all items below An Ordinance amending the City of South l'vIiami Comprehensive Plan approving the creation of the Downto\vn SoMi (OS) land u:-;c categt)ry in the Future Land Use Element for H 1V1ixed-Use Project on The Shops at Sunsct Place property and as legally described herein An Ordinance providing for a Sm.all-Scale Map Amendment amending the City of South Miami Comprehellsive Plan Future Land Use Plan Map from Mixed Use Commercial Residential (Four-Story) to Downtown SoMi (DS) (195 fccO on a 9,68-acro property known '" The Shops at Sunset Place and as legally described herein An Ordinance pursuant w Section 20-5.7 and other applicable provisions ofthe City of South Miami Land Development Code creating ARTICLE XU. -Downto""1 SoMi IDS I DistrictRcgulations; modifying Section 20-3,1 Zoning use districts and PU!l'oscs CA) and (81; modifying Section 20-3.3(1)) Permitted Use Schedule; creating Section 20-3.3(FI Outdoor SeatingiDining Within the Downtown SoMi (DS) Zoning District: modifying Section 20-3,5(B.1 and (CI Dimensional requirements: creating Section 20-3,5(1) Dimensional Requirements Downtown SoMi Disnict: modifying Section 20-3.6 Supplemental regulations; mOdifying: Section 20-4.3 Sign regulations: modifying Section 20-4.5 Landscaping ~md tree protection requirements for all zoning: districts: modifying Section 20-4.5.1 Tree protection; modifying Scction 20-5.11 Site plan review approvals: modifying Section 20-6.1 Administrative entities in order to dIeetuate a Mixed-Use Pr(~ect on the Shops at Sunset Place property as legaUy described herein An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South IVliami Land Development Code providing: for a fvlap Amendment to the City of South J\:liami Official Zoning Mnp from Speci'flty Retnil (SR) to Downtown SoMi (DSI on a 9,68-acre property known as The Shl'p' at Sunset Place and as legally descrihed 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 rv1ap to remove thl:! Hometn\vn Djstrict Overlay designation on a 9.68-acre propl;,~rty kn()wn as The Shops at Sunset Place ( . A Resolution pursuant to new ARTICLE XII Downto,," SoMi District Regulations and ARTICLE V Procedures and Applications and other applicable provisions of the City of South Miat~i Lnnd 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 Howl components on The Shops at Sunset Place property as legally described herein ALL interested panics are invited to attend ~md will he heard, For further information, please contact the Planning & Zoning Depmtment's Office at: 305-663-6326. Maria [vI, Menendez, CMC City Clerk Pursuant to Florida Sr.lllltes 286.01 05. the City hereby advises the public thul if a person decides w appeal any decision made by this BHard. Agency or Cmlmission with respect to ~Uly matlCr ~'onsidl"red at irs meering: ur hearing. he ur she will nC'~~d a r~x:on.l of the pr(H:eedjng~. ;.Jnd that for !-nell purpose. a11'el'ted pers()n may net'£.! to c-nSllr\~ that a v~"!rhatim re.::()rd of lh\~ proceeding:. is made whi.::h record includes th\~ te!-(imuny and eviden.:e upon which till" appc-ai is to b<! ba!-ed.