Loading...
9THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: VIA: FROM: DATE: The Honorable Mayor & Members of the City Commission Steven J. Alexander, City Manager Jane K. Tompkins, AICP, Planning and Zoning Direct1~J March 20, 2018 SUBJECT: An Ordinance amending the Official Zoning Map; amending the designation of the northern portion of the property located at 6075 SW 72nd Street, from "TODD (MU-41" to "TODD (MU- S)". A Resolution approving a Special Exception so as to allow a project within the TODD (MU-S) of more than four (4) stories and more than 40,000 square feet for the property located at"Ji07S SW 72 nd Street. A Resolution relating to a variance application to reduce the amount of required parking spaces for a mixed-use building located at 6075 SW 72 nd Street. BACKGROUND: The property known as 6075 Sunset Drive is lo6-acres in size and has frontages on SW 72 nd Street, SW 61 st Avenue, and SW 71" Street; it makes up approximately one-half of the block. Currently, it's developed with a 20,371 sq. ft. multi-story office building and surface parking lot. The southeast corner of the lot is open space and there are several mature trees on the site. According to the City's Official Zoning Map, the property is zoned both TODD (MU-4) "Transit- Oriented Development District (Mixed-Use 4)" and TODD (MU-5) "Transit-Oriented Development District (Mixed-Use 5}", with the lot being split roughly in half north to south. The Future Land Use Map designation for the property is TODD (4+4 Story), which is consistent with both zoning districts. Alta Developers lLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 2 of 13 PROJECT PROPOSAL Property Location Alta Developers, LLC, (the "applicant"), has submitted three (3) applications for the property: (1) a zoning map amendment for the northern portion of the property, changing it from TODD MU- 4 to TODD MU-5; (2) a special exception for a large-scale development of more than 40,000 square feet and four (4) stories; and (3) a variance to reduce the number of required parking spaces. The application package, which includes, among other things, the application, the letter of intent, a survey with legal description, renderings, a zoning chart, floor plans and roof plan (pages A-l.0l through A-l.0?), elevations of the four fa~ades (pages A-2.01 and A-2.02), a Tree Disposition Plan (sheet TD-l) and landscape plans (pages L-l through L-4) is provided as an Attachment. If the applications are approved, the applicant will demolish the existing improvements and develop a multi-story, mixed-use (commercial/residential) building. Commercial space, consisting of 3,678 square feet of restaurant and 2,441 square feet of retail uses, will be located on the ground floor of the Sunset Drive fa~ade, and wrap around the corner of the building to also face onto SW 61 st Avenue. JKT Z:\commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers LlC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 3 of 13 A total of 203 residential units will be located on the upper levels of the building and the ground floor level of the northern portion of the building. The unit mix consists of town homes, studios, and one-, two-, and three-bedroom units of varying sizes as follows: BREAKDOWN OF RESIDENTIAL UNITS Unit Type Number of Units Average Size Unit Mix (%) (SF) 1 Bedroom 102 738 50% 2 Bedrooms 72 1,077 35 3 Bedrooms 8 1,433 4 Studio 14 566 7 Townhomes 7 931 3 UNIT TOTAL 203 100 Six of the town home units will be located on the ground floor adjacent to SW 7151 Street and the seventh adjacent 61't Avenue. These units will be accessed from both the ground floor parking area and from the right-of-way. Tenant amenities including a dog park, pool deck, and common areas are provided on the upper levels of the building. A total of 303 on-site parking spaces will be provided to serve the building. Access to the parking garage is obtained via SW 71't Street and parking makes up the second through fifth levels ofthe northern portion of the building. Ground-level parking and loading areas are accessed via 61't Avenue. The building will be eight (8) stories in height along Sunset Drive and step down to fifty-two (52) feet along 71 st Street. ApPLICATION REQUESTS The applicant has submitted three zoning applications: (1) a zoning map amendment from TODD (MU-4) to TODD (MU-5); (2) a Special Exception to allow a large-scale development of more than four stories and 40,000 square feet; and (3) a Variance to allow a reduction in the number of parking spaces. 1. Zoning Map Amendment TODD (MU-4) to TODD (MU-5) In order to develop the proposed mixed-use building, the northern portion of the property must be rezoned from TODD (MU-4) to TODD (MU-5). Excerpts of the existing and proposed zoning map are provided below: JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers lLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 4 of 13 Proposed Zoning Map ) MU·5 • Per the LDC, the TODD's purpose is to maximize the presence of the mass transit center that's within walking distance of the districts' boundaries. The district is made up of five (5) subcategories and it's intended to provide for the development of office uses, office services, office-related retail, retail, retail services, and residential uses in multi-story and mixed use projects that are characteristic oftransit-oriented developments (Sec. 20-3.1(B)(16)). TODD MU-4 and TODD MU-5 are both described as "mixed use". The major difference between the two categories is in the allowable building height. MU-4 is limited to two stories. MU-5, on the other hand, requires a minimum of two stories with four stories allowed by right; up to eight stories are allowed if the building is designed in a way that makes it eligible for certain bonuses. These height bonuses are discussed in more detail in the discussion on the Special Exception request. There are also minor differences between MU-4 and MU-5 in the types of uses permitted: banks and saving institutions are allowed by-right in MU-5 and reupholstery and furniture repair is allowed as a special use in MU-5. Neither use is allowed in MU-4. Further, free- standing garages are allowed in MU-5, but not MU-4. As shown on the excerpt of the Zoning Map, above, the MU-4 district makes up essentially the northern half of the lots between SW 59 th Place and SW 61st Court. This enclave of MU-4 is surrounded by MU-5, Medium Intensity Office (MO) and TODD (PI). The mixed-use TODD and MO district are very similar in terms of land uses allowed, with the main differences being that MO doesn't allow the range of residential dwelling types or the retail uses found in the TODD. The table below provides the dimensional standards for the three districts: Comparison of Dimensional Requirements TODD (MU-4) TODD (MU-S) MO Minimum Size NA NA 10,000 sq. ft. Frontage NA NA 100' JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers LlC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 5 of 13 Setback Front Vary based on Rear location Side (Interior) Side (Street) Between Buildings Maximum Height 2 stories/28' Building Coverage NA Impervious NA Coverage FAR NA Vary based on 15' location 10 0 10 20 2 stories minimum/4 4 stories/50' story maximum; up to 8 stories with bonuses per Sec. 20- 8.10 NA NA- NA 85% NA 1.6 As both MO and TODD (MU-5) allow for greater building heights and similar uses, the requested zoning change would not be incompatible. Staff has also reviewed the City's Comprehensive Plan and determined the requested rezoning furthers the intent of the Comprehensive Plan and, more specifically, the following goals and policies of the Future Land Use element: JKT Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. Goal 3 To achieve a tax base adequote to support a high level of municipal services via increased mixed-use projects and flexible building heights in designoted Transit Oriented Development Districts (TODD), to the extent that development and redevelopment in these districts does not adversely impact surrounding neighborhoods and uses. Policy 3.1.1 Zone for new development and redevelopment in accordance with the Future Land Use Map, including multi-story and mixed-used districts. Policy 3.1.4 The City of South Miami encourages development and redevelopment in the Transit-Oriented Development District. Existing streetscape widths along SW 62 Avenue and Sunset Drive will permit increased building heights that are aesthetically-pleasing. The City encourages transparent street-level retail with a mix of retail services, office uses, office services, and residential uses in mixed-use and multi-story prajects, as well as encouraging a district-wide mix of land uses via mUltiple projects. Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers lLC/GOlS Sunset Zoning Map Amendment April 3, 2018 Page 6 of 13 Finally, a concurrency analysis (see attachment) was completed to determine compliance with the various Level of Services standards. The standards will be satisfied by the proposed project. 2. Special Exception for a Large-Scale Development The applicant's second request is for approval of special exception for large-scale development. Pursuant to the TODD regulations (Sec. 20-8.9 Special Exceptions), any site larger than 40,000 square feet or any development taller than four (4) stories shall be designated as a Large-Scale Development and reviewed under the Special Exception provisions of the Code. The proposed project exceeds both thresholds. Essentially, this section provides conditions and design requirements that a project must satisfy for approval; it is provided in its entirety as an Attachment. Staff Observations Based on Section 20-8.9 1. Residential uses are not permitted on the first floor within that portion of the building fronting on the main street. The phrase "main street" means the thoroughfare that abuts the property line of the development and which has the most traffic, as compared to any other street that abuts the property. The proposed project includes first floor residential on SW 61 st and SW 71st. As these roadways do not have as much traffic as Sunset Drive, the project complies with this requirement. 2. The proposed uses are of a compatible and complementary nature with the existing and planned surrounding uses. The property is surrounded by buildings of various heights and land uses, including retail, office, a private club, a school and a mixed-use building. JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers LLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 7 of 13 Comparison with Surrounding Properties Land Use Zoning Property Office TODD MU-4 and TODD MU-5 North Office MO East Commercial TODD MU-4 and TODD MU-5 South City Hall and Miami-Dade TODD-PI County Library West Multi-family residential, TODD MU-4, TODD MU-5 Office, and Private Club and MO 3. The proposed development will not adversely affect the health or safety of persons residing or working in the vicinity nor will it be detrimental to the public welfare, property or improvements in the neighborhood. 4. The MU-5 district allows four stories by right, and up to four more under Section 20-8.10 Bonus 0110 cations, as follows: Action Bonus For everyone (1) floor of residential use One (1) additional floor of residential use with the minimum parking requirement (two (2) cars per residential use) Public plaza-min. five thousand (5,000) sq. ft. One (1) additional floor and art work in plaza setting Develop full frontage with street-design as One (1) additional floor part of pedestrian walkway system Develop "cross-thru's" from street to public One (1) additional floor open space system as part of pedestrian walk- system, on owner's property (maintenance required in Section 20-8.15) With three levels of residential, the project is entitled to an additional three floors. The full- frontage street design along Sunset Drive entitles the project to a fourth bonus floor, bringing the total project to a height of eight (8) stories. The fa~ade proposed for SW 71" Street is only fifty-two (52) feet in height, which is comparable to the four stories/fifty (50) feet limit ofthe MO district across the street. JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers LLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 8 of 13 5. The project must comply with other applicable Code provisions, including the TODD Regulating Plan. The Regulating Plan classifies streets in the district as either Main or Minor; and further provides design standards such as the location and dimensions of build-to lines and requirements for awnings or arcades based on these street types. The site plan for this property, which is challenged by having three (3) street frontages, was designed to comply with the regulations for a Main Street (i.e., Sunset Drive), which is treated as the front of the building. Further, the facades along SW 61" Avenue and SW 71st Street, which are designated as Minor Streets, are treated as the side of the building. The building lacks the required awning or arcade on the north elevation but staff notes that the townhouse type residential units do not lend themselves to an awning or arcade, and that the landscaped areas in front of the units and the street trees will serve the same purpose as an arcade. Finally, Staff notes that the building at the east end of the block which also has frontage on three (3) streets, treats the71st Street fa~ade as the rear of the structure and lacks an arcade or awning. Staff recommends that this be resolved with the Environmental Review and Preservation Board during their review. 6. The Traffic Impact Study and the Parking Study prepared by Richard Garcia & Associates, Inc., were reviewed on behalf of the City by Juan Calderon of CALTRAN Engineering Group, Inc. Mr. Calderon determined that the studies were acceptable (please see Attachments). 7. A Development Agreement and a Maintenance Covenant shall be prepared and approved by the Commission, in accordance with Section 20-8.9(1) and (J). 3. Variance to reduce the total number of parking spaces The final application is for a variance to reduce the required number of off-street parking spaces for the proposed development. As designed, the project has 303 spaces on-site and gets credit for eleven (11) spaces on the adjacent streets for a total of 314 spaces. With 203 residential units and 6,119 square feet of ground floor commercial/retail space, the project would be required to provide a total of 466 spaces: JKT Residential: 2 spaces per unit plus 1 visitor space per 10 units (203 x 2) + (203/10) = 406 + 21 = 427 Retail: 1 space per 300 sq. ft. gross floor area 2,441/300 = 9 Restaurant: 1/100 sq. ft. of patron area plus 1/300 of non-patron area 2,452/100 = 25 1,226/300 = 5 TOTAL: 427 + 9 + 25 + 5 = 466 Z:\Commission Items\2018\04-03-2018\6075 5unset\6075 Sunset staff memo 04032018.docx Alta Developers LLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 9 of 13 With 466 spaces required and 314 provided, the project has a deficit of 152 spaces. The applicant proposes providing the required spaces for the retail and restaurant uses and the required visitor spaces, but reducing the residential parking to 1.3 spaces per unit for 275 residential spaces. Pursuant to Section 20-5.9 of the LDC, a variance for off-street parking can be reviewed and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board. Variance decisions shall be based on an affirmative finding as to each of five criteria presented below along with Staffs findings. Please note that the Applicant's letter of intent includes their comments on how each of the criteria are satisfied. JKT 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; Staff Response: The LDC requires properties in the TODD to have their parking located at the side or rear of the building, so street frontages can be developed with uses that maximize the pedestrian experience. Since this property has three street frontages all three have retail/restaurant and/or residential uses. Those liner uses result in the parking being limited to a smaller area ofthe ground level and the upper levels. With the four-story height limit of the MO district to the north, and to limit its bulk, the building is not designed to the full permitted height. These considerations result in even less space being available for parking and the inability to comply with the code requirements for parking. 2. Denial of the variance would result in hardship to the owner. Hardship results ifthe restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; Staff Response: One hundred sixteen units, or over half of the total, are either studio apartments or one-bedroom units. Imposing the code required parking of two (2) spaces per unit for these small units, seems unduly oppressive. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; Staff Response: The condition of having three (3) adjacent streets is not the result of an action ofthe applicant. Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers lLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 10 of 13 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; Staff Response: Given the mix of unit sizes, the cost of the additional parking and the impact of the additional floors on the building's design, the variance requested is the minimum necessary to make possible the reasonable use of the land. 5. That the approval of the variance will be in consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Staff Response: Allowing a reduction in parking in the urban area close to the Metrorail, shopping and employment centers is consistent with the general intent and purpose of the LDC and will not be injurious to the neighborhood or detrimental to the public welfare. It is worth noting that it's common in development regulations to provide lower ratios for smaller units such as studios, and for transit oriented projects such as this one. Further, the Parking Study prepared by Richard Garcia & Associates demonstrates that the proposed parking will be sufficient for the needs of the development. PLANNING BOARD RECOMMENDATION Following a public hearing on December 12, 2017, the Planning Board voted as follows to recommend approval of the applications, inclusive of staff's recommended conditions listed below, and the following additional conditions: (1) ensure that the Landscape Plan comply with the mitigation requirements of the LDC; and (2) the applicant to consider a minimum of four (4) units of affordable housing via a covenant. JKT 1) Zoning Map Amendment from TODD (MU-4) to TODD (MU-S): Vote: six ayes, two nays (2) Special Exception to allow a project of more than four (4) stories and more than 40,000 square feet in size: Vote: six ayes, two nays (3) Variance to reduce the amount of required parking: Vote: six ayes, two nays Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta DeveloperslLC!6075 Sunset Zoning Map Amendment April 3, 2018 Page 11 of 13 STAFF RECOMMENDATION AND CONDITIONS OF APPROVAL Staff recommends approval, with the conditions listed below, of the proposed changes: (1) an amendment to the Official Zoning Map changing the designation from TODD MU-4 to TODD MU- 5 for the northern portion of the property; (2) a Special Exception to allow a large-scale development; and (3) a Variance to reduce the required number of parking spaces. General Conditions 1. Any development of the property will be in substantial compliance with the documents submitted including: letter of Intent from Ines Marrero-Priegues dated August 11, 2017; Application Book consisting of a survey prepared by Fortun, leavy, Skiles, Inc. dated 7/27/17; Renderings dated 9/20/17 (Sheets R-1.0 through R-1.2J, Site Photographs (Sheets CP-1.0 and CP- 2.0); a Zoning Chart dated 8/11/17 (Sheet A-O.l) a site plan data sheet (A-1.00); Floor and Roof Plans (Sheets A-l.00 through 1.07); building elevations (Sheets A-2.01 and A-2.02); a building section drawing (Sheet A-3.01); and Planter Details (Sheet A-4.0) all signed and sealed by Roberto Behar (9-20-17); and a Tree Disposition Plan dated 10/10/17 (Sheet TO-l) and landscape plans (Sheets l-l through l-4) dated 8/8/17 prepared by Witkin Hults Design Group; and a Traffic Impact Study and Parking Study both prepared by Richard Garcia & Associates. 2. All documents submitted with this application are to be made part of the record. 3. Any improvements in the Public Right-of-Way shall be approved by the applicable agency (FOOT, Miami-Dade County and/or City of South Miami). 4. All impact fees shall be paid prior to issuance of building permit. 5. 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. 6. Any changes that increase densities, intensities or population shall require a new Concurrency Analysis. 7. 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. 8. 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. JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers LLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 12 of 13 9. The Applicant shall comply with applicable conditions and requirements by Miami-Dade County Public Works Department, Fire Rescue Department, Department of Regulatory and Economics Resources -DERM (DRER), Miami-Dade County Water and Sewer Department, and FOOT. 10. The Applicant shall execute and record in the public records of Miami-Dade County, a Development Agreement and a Maintenance Covenant, in a form approved by the City Commission and City Attorney, which complies with the requirements of Land Development Code Section 20-8.9. 11. The Applicant shall execute and record in the public records of Miami-Dade County, a restrictive covenant, in aform approved by and subject to the review and approval ofthe City Manager and City Attorney, which contains all commitments made and conditions imposed as part of the approval of the Applications. Construction General Conditions 12. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant to the Public Works Departments for approval prior to start of construction. Access points by construction vehicles shall be provided within the MOT. 13. The Applicant shall provide a Construction Air Quality Management Plan to the Department prior to the start of construction. 14. A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by the Applicant at time of building permit. 15. Construction shall only take place Monday through Friday during the hours of 8:00 a.m. and 5:00 p.m. Landscaping 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 (DRER), if any. 17. The property shall be landscaped in accordance with the landscape plan, included with the site plan submittal, and approved by the Environmental Review and Preservation Board. 18. Pursuant to Sec. 20-4.5, as may be amended, the Applicant shall provide mitigation for all trees to be removed in accordance with City requirements. JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx Alta Developers LLC/6075 Sunset Zoning Map Amendment April 3, 2018 Page 13 of 13 Environmental 19. 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. 20. All storm water drainage systems shall be maintained in working order at all times to avoid localize flooding during and after a storm. Parking shall be prohibited on top of any drainage inlet or drainage manhole. Architecture 21. Final approval of all plans must be obtained from the Environmental Review and Preservation Board, as required by Code. ATTACHMENTS: • Application Package • Application * Letter of intent • Application booklet * Concurrency Analysis • Land Development Code Section 20-8.9 Special Exceptions • Traffic Impact Study prepared by Richard Garcia & Associates, Inc. • Parking Study prepared by Richard Garcia & Associates, Inc. • Email from Juan Calderon of CALTRAN Engineering Group, Inc. • Draft Ordinance approving the Zoning Map amendment • Copy of Applicant's Notification Letter and Affidavit of Mailing • Notice of Public Hearing • Legal Ad • Mailing Label Affidavit with Location Map (Property Owners within 500 Feet) dated 8/8/18 • Mailing Label Affidavit with Location Map (Abutting Property Owners) dated 8/8/17 * Excerpt of Planning Board meeting minutes, December 12, 2017 JKT Z:\Commission Items\2018\04-03-2018\6075 Sunset\6075 Sunset staff memo 04032018.docx 1 2 3 4 5 6 RESOLUTION NO. __________ _ A Resolution approving a Special Exception so as to allow a project within the TODD (MU-S) of more than four (4) stories and more than 40,000 square feet for the property located at 607S SW nnd Street. 7 WHEREAS, the applicant, Alta Developers, LLC, submitted an application (number PB-17- 8 033) requesting a Special Exception approval for a Large Scale Development for a mixed-use 9 building located at 6075 SW nod Street; and 10 11 WHEREAS, the applicant has submitted concurrent requests to change the zoning ofthe 12 northern portion ofthe site from TODD (MU-4) to TODD (MU-5) and for a Variance to reduce the 13 number of required parking spaces; and 14 15 WHEREAS, the site consists of 1.611 acres and the proposed development will provide 16 203 residential units, 2,441 square feet of commercial space, and 3,678 square feet of restaurant; 17 and 18 19 WHEREAS, pursuant to Land Development Code (LDC) Section 20-8.9 Special exceptions, 20 any site that is in excess of 40,000 square feet or any development in excess of four (4) stories, 21 shall be designated as a Large Scale Development and reviewed by the Planning Board and shall 22 require approval by the City Commission; and 23 24 WHEREAS, at its December 12, 2017 meeting, the Planning Board held a public hearing 25 on the application, considered each of the requirements and conditions for Large Scale 26 Development listed in Section 20-8.9 of the LDC, and voted four (4) to two (2) to recommend 27 approval ofthe requested Special Exception; and 28 29 WHEREAS, Section 20-8.9 (C) requires that all uses in a large scale development must 30 comply with the following general requirements and any other requirements that the City 31 Commission may consider appropriate and necessary. 32 1. All such uses shall comply with all requirements established in the appropriate zoning 33 use district, unless additional or more restrictive requirements are set forth below or by 34 the City Commission. 35 2. All such uses must be of a compatible and complementary nature with any existing 36 or planned surrounding uses. 37 3. The City Commission shall determine the overall compatibility of the development 38 with the existing or planned surrounding uses. 39 40 WHEREAS, Section 20-8.9 (C) requires that the development will: 41 1. Not adversely affect the health or safety of persons residing or working in the vicinity 42 of the proposed use; 43 2. Not be detrimental to the public welfare, property or improvements in the 44 neighborhood; and 45 3. Complies with all other applicable Code provisions. 46 47 WHEREAS, the Mayor and City Commission of the City of South Miami, having considered 48 each of the Special Exception requirements and conditions and having found that those 49 conditions have been met, desire to approve the application for the Special Exception. 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 52 CITY OF SOUTH MIAMI, FLORIDA: 53 54 Section 1: The recitals set forth in this resolution are true and they are supported by 55 competent substantial evidence and they are incorporated into this resolution by reference as if 56 set forth in full herein. 57 58 Section 2. The application (number PB-17-033) submitted by Alta Developers, LLC, 59 requesting a Special Exception for a Large Scale Development for a mixed-use building consisting 60 of commercial, restaurant and residential uses within the TODD (MU-5) zoning district located at 61 6075 SW 72 nd Street, South Miami, Florida, complies with the requirements of 20-8.9 (C) and (D) 62 and is hereby approved with the following conditions: 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 General Conditions 1. Any development of the property will be in substantial compliance with the documents submitted, including: Letter of Intent from Ines Marrero-Priegues dated August 11, 2017; Application Book consisting of a survey prepared by Fortun, Leavy, Skiles, Inc. dated 7/27/17; Site Photographs (Sheet CP-1.0); Renderings dated 11/14/17 (Sheets R-1.0 through R-l.5); Aerial Photos of the site (Sheet CP-2.0); a Zoning Chart dated 8/11/17 (Sheet A-O.l); an Area Schedule dated 9/20/17 (Sheet A-l.00); Floor and Roof Plans (Sheets A-l.0l through 1.07); building elevations (Sheets A-2.01 and A-2.02); a building section drawing (Sheet A-3.01); and Planter Details (Sheet A-4.0) all signed and sealed by Roberto Behar (9-20-17); and a Tree Disposition Plan dated 10/10/17 (Sheet TD-l) and landscape plans (Sheets L-l through L-4) dated 8/8/17 prepared by Witkin Hults Design Group; and a Traffic Impact Study and Parking Study both prepared by Richard Garcia & Associates. 2. All documents submitted with this application are to be made part of the record. 3. Any improvements in the Public Right-of-Way shall be approved by the applicable agency (FOOT, Miami-Dade County and/or City of South Miami). 79 4. All impact fees shall be paid prior to issuance of building permit. 80 5. 81 82 83 6. 84 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. Any changes that increase denSities, intensities or population shall require a new Concurrency Analysis. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 7. 8. 9. 10. 11 12. 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. 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. The Applicant shall comply with applicable conditions and requirements by Miami-Dade County Public Works Department, Fire Rescue Department, Oepartment of Regulatory and Economics Resources -DERM (DRER), Miami-Dade County Water and Sewer Department, and FOOT. The Applicant shall execute and record in the public records of Miami-Dade County, a Development Agreement and a Maintenance Covenant, in a form approved by the City Commission and City Attorney, which complies with the requirements of Land Development Code Section 20-8.9 and which contains all commitments made and conditions imposed as part of the approval of the Applications. The development agreement shall be enforceable for ten (10) years from the date of substantial completion as defined in Section 20-8.9. Applicant shall comply with all requirements set forth in Section 20-8.9 in addition to those set forth in this Resolution unless there is a conflict, in which event Section 20-8.9 shall take precedent. If during the review process it is determined that the development, as proposed, will potentially cause adverse impact, the Planning Department shall recommend remedial measures to eliminate or reduce, to the extent possible, these impacts. Development projects that are recommended for remedial measures will not be required to submit a new application unless it is determined by the Department that additional changes which would have the effect of increasing densities, square footage or altering the height or use of a Development have been made. Remedial measures may include, but are not limited to: i. Additional screening or buffering; ii. Additional landscaping; iii. Building orientation; iv. Relocation of proposed open space, or alteration of the use of such space; v. Pedestrian and bicycle safety and access; vi. Changes to ingress and egress; vii. Addressing traffic flow to and from the development to avoid intrusion on local streets in nearby single family residential areas; or viii. Improvement of the streets adjacent to the project, if applicable. 120 Construction General Conditions 121 13. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant to 122 the Public Works Departments for approval prior to start of construction. Access points by 123 construction vehicles shall be provided within the MOT. 124 14. The Applicant shall provide a Construction Air Quality Management Plan to the Department 125 prior to the start of construction. 126 15. A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by 127 the Applicant at time of building permit. 128 16. Construction shall only take place Monday through Friday during the hours of 8:00 a.m. and 129 5:00 p.m. 130 131 132 133 134 135 136 137 138 139 140 Landscaping 17. 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 (DRER), if any. 18. The property shall be landscaped in accordance with the landscape plan, included with the site plan submittal, and approved by the Environmental Review and Preservation Board. 19. Pursuant to Sec. 20-4.5 and 20-4.5.1, as may be amended, the Applicant shall provide mitigation for all trees to be removed in accordance with City requirements. 141 Environmental 142 20. The Applicant shall meet the requirements of the Miami-Dade County Water-Use 143 Efficiency Standards Manual, effective January 2009, as may be amended from time to 144 145 146 147 148 21. time. All storm water drainage systems shall be maintained in working order at all times to avoid localize flooding during and after a storm. Parking shall be prohibited on top of any drainage inlet or drainage manhole. 149 Architecture 150 22. Final approval of all plans must be obtained from the Environmental Review and Preservation 151 Board, as required by Code. 152 153 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any 154 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 155 affect the validity of the remaining portions of this resolution. 156 157 Section 4. Effective Date. This resolution shall become effective immediately upon adoption 158 by vote ofthe City Commission. 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 PASSED AND ADOPTED this ___ day of, ______ -', 2018. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Gil: Commissioner Liebman: Commissioner Welsh: 22SE I I NEIGHBORS I SUNDAY MARCH 2S 2018 MfAMIHERALD.COM Remodeled Miami Beach oceanfront condo, intracoastal views, 2/2, $419,000 Downtown Miami, direct knockout bay & ocean views. lbd/lba, 802 SF, $399,000 Public Meeting Notice East-West Corridor Rapid Transit Project SR 836iOolphir1 Expressway from Miami Intermodal Centnr(MIC) at Miami Internctional Airport IMIA) laSR 90/US 41,iSW 8 th Street at SW 109(h Avenue! Florida International University iFIU) The Department of Transportation and Public Works (DTPW) has scheduled two Corridor Workshops for this project. The study consists of evaluating rapid transit alternatives, It will also include transit stations/stops and park,and-ridejtransit terminal facilities, The meetings will be held from 6 p.m. to 8 p.m. on: Tuesday, April 10, 2018 St. Dominic Catholic Church 5909 NW 7'l'Street Mlam~ Fl331.26 ,," Thursday, April 12, 2018 FlU Modesto A. Maldlque Campus Wertheim ConservatDry (We) :l.3O 11.200 SW 8 th Street Miami, FL 33199 MIAMI'~ADE' mID P'IbliC pa,ijcipAtion at tllis meetf'lg ls solicited wilhout r~gnrd (0 race. color, "etiMet Qrigin. flg~. gender .• eI,gk,m, dJsabij~l' or ,,,,,,iiy stat~'· ~1);ua,.,t to til'" provislOn.$ Of the Americil"s willi Disabi/lt'es Act, ilny p<'fI.on re(jujr;l)g spe<:ie) acwmmodetlO,js 10 jUlr1i~;pate in (his pub'le meeti"g j5 asked to ad_!s" !~" agency at I~ast 7 dars before the publ;c meeting bYCOO1tii~fjng: M<ircOS IJrtaga, {lOIS) 469-5225 orm writing; Ofl'W, 701 NW l"CI>L'rt. 11 I'/oor. !,;tfami. FL 33136, email: M8r:;~s.Orfcgil@miamld8de.gov. If YOli iUm': ii spef'cn fmpedfm€o1t or ~re ""rd of hearing pJease c''''taC'' tlleag",.q{ IJslr>fi rI)e FIoMa ~laySe"'ice.1(SOO) 955-8771 (TnD! ~r 1,800)955-87,0 (Voj~el. ~~, #MiamiS~ARTPJan SMARTEastWest@mlamidade,gov S:twww.miamiSMARTPlan.com Detached duplex, feels like single fam home. 2bd/2ba, 1500+ SF, $3100jmo. Updated town home in gated community. 2bdj2.5ba, 1400+ SF, $2400/mo. ,~.~ l{~~) ,,~;1 ~y CITY OF SOUTH MIAMI COURTESY NOTICE NonCE IS HERESY given (lliu the City COlluni:;,ion of the City of S>Juth .\1i'IIni. Flmiu" will ~omJu('1 Pllhli,' Hraring(~) at ;1& regular City Commission merlin;! >:<:hrdllk-d fm Tlleway. Aplil 3. 2111~. hcgirming at 7:00 pm .. in lh,-Cily Commi,;sicn Chamhers. fi131J Sunset Drive. to consider the f\)lIowing ilem(S) A R~"'("li,," ""11"'n~ing 'he' CIl) M"""I,'Cr 10 ~"W, min. ",ulli-F"' a~I"er"""1 far Ille p",,;h",o "r" c.," c,f h',,·" "n,,"I~I'" [,;"" T'am,"); LE. LLC 1''''''lh,' i'"loc~ Dql.lllLLl,-nl ( A R(',,,llLti,,,, aJ~""",,,g" S,,"~'illE,c"rli"n.'" '" t" :tll,,,,,,, Ph'ICCI within lh" TODD (j\'lU'~) ,,] Jnilre ~lan 1<1"r \ .. 1 ,1Imc"" :\lId milt,' IlL"" "iI.()O!) "ltlarc loe' I," U,o 1""I'",ly l",'~led ,u 61175 SW 7~~' SUOOI A Ri·".1"1",,, rdAr;,,!! '" a ,.ari;"'i-" "1'1'[",,,,,,,, h' ,,'d,,(~ Ih~ """"ml nf r"Q"'r~d parking 'P"cc, ['0' a ml,c,i-Ll'" l'UllJlIIg I,",,,\c"<.l al $lIT; SW 72"' SIr<"L An ()rt.lilla,,~e "tnt",I;ng lh,' 011;,'",] Z",,;IJg Mal" ,mlO.,,,,l;,,g the Je."gnau,", •• f Ihe ,wllhorn ,,"ri"'" ,,( \10,' rr"l"'rl} in,<)[(·d ,ll ~1l75 SW 72" SIrC~I, f,mn 'TODD iML'4j"' \n "TODD IMll-51" ,\" 0,11"","<" ,,,h'pli"~ 1m """"0),,,",,11,. t1,~ ,,,,nrrch",,,iw P1;ln'" '""ond 1100 rUllm.' land "'" ',liC.U"t.' '"r.1ft< ,,"d Ope" $",,,,,.' "nd [<. :ml~fL(i ll~· FUiure L~l'~ 1."" />hq' "r Ihe O''''J'fI'h",,,,,·,· Pia". hl Hlc"llf.v 1h~ .j"''' 1<""1,'<1 u"de, tho Mcl",r;"l IPduJin~ Inc UndcrHn~ linear p"r~ '''' l'"rt "I the Cil)·' Pari<., ami 01"-" Sp,"co. ~",I A"jh"w_nl~ l"ra",,"illalln (f,e 1'1",ida D"r~mfu-m ,,] En'lll'm,,' Orr''""'''t)" ~",I R~'·iew Ago"",,-, ALL jmerc,t~u panics arc invit(·u 1<) "11~Jl(1 and will he h~arJ fL)f furth~r inr"nnatiol!, plea~e (G~~l~~l thc Cily Clerk'" Oili,'c m: 305-6(,3-6340 Marla .\·1 ro.kl1cn,J," .. CMC City Ckrk P"""anl 'n Ftmid" SI,,!ul,'., .c~6.f)ln5. Ihe Cil,' he,\'~Y ",h-i,e, llw p"~I;'· !hot if" p""nn rl.,·,dc', \<, "I'l',,,r) ~"l" ,[ed,i"n ",ade h)" ~'" a,,:uJ. ,\~"'nc)' '" C"nun;,,,,,,, wuh 10;" .. ,:1 to on)· matter ,,,,,,'idorW ~l;" lIleeling <1r he,rting, he nr ,he will n«,1 ar","wd ,,[lhe prol"",din~'. lind 11,,'1 1"1 Hh."h pU'!'''"", aJIccld p",,,,,n mar ",,,,d tOlc""",-Ih"t" ","rlm;m ro""J "f1h~ l"""'"'t-Ji"~> b mad" ",hlCh ,'",,,,J mclL"\"s 11", I"'li",,",}' ,,,,J ~'·iJ, .. ",> ul"'" which I"" .11'1",,1 j, )" h~ b"_eJ MIAMI DAilY BUSINESS REVIEW Published Dally except Saturday, Sunday anj Legei Holloayc Miami, Ivliami"Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared KESHA BASSUE, who on oath says that he or she is the LEGAL CLERK Legal Notices of the Miami Daily Business Review f/kJa M' -R ' laml eVlew, a daily (except Saturday, Sunday and Legal HOlidays) newspaper. published at t\Aiami In MiBmi-Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAM1-APR 3. 2018 in the XXXX Court, was published in said newspaper In the issues of 03/23/20'18 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 el1tered 8S 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 affiant further says that he or she has neither paid nor pron)lsed any person, firm or corporation any discount, rebate commission or refund for the purpose of securing this adv~rtlsement for publication in the said newspaper Sworn to and subscribed before me this 23 day of MARCH. A D. 2018 (SEAL) U KESHA BASSUE personally known to me ©1'fN' @iI' SOUTH MiAWJli II\!JOiri©l!! @!" ~1!J!:lI.l© !1!~Al'lill\l@ NOTiCe IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct public Hearing(s) at its regular City CommisSion meeting scheduled for Tuesday, April 3,2018, beginning at 7;00 p.m., in the City, Commission Chambers, 6130 Sunset Drive, to consider the following item(s): . A Resolution authorizing the City Manager to enter irito a multi-year agreement for the purchase of a Use of Force simulator from Training LE, LLC for the Police Department. ( A Resolution .approVin g a Special Exception so as to allow -a project) within the TODD (MU-5} of more than four (4) stories and more than 40,000 square feet for the property located at 6075 SW 72nd Street. A Resolution relating to a variance application to reduce the amount of required parking spaces for a mixed-use building located at '6075 SW 72nd Street. An Ordinance amending the Official Zoning Map; amending the deSignation of the northern portion of the property located at 6075 SW 72nd Street, from ~TODD (MU-4)" to "TODD {MU.~5)". An Ordinance adopting an amendment to the Comprehensive Plan to amend the future land use category "Parks and Open Space" and to amend the Future Land Use Map of the Comprehensive Plan, to identify the area located under the Metrorail, including ·the Underline linear park, as part of the City's Parks and Open Space, and Authorizing Transmittal to the Florida Department of Economic Opportunity and. Review Agencies. .ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at 305- 663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 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 matter considered at its meeting or hearing, he or she will need a record of the proceedings, and 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. 3123 18-115/0000305989M