Res No 028-20-15467RESOLUTION NO.: 028-20-15467
A Resolution of the Mayor and City Commission for the City of South Miami instructing
the City Attorney to oppose the application of RAB Builders, LLC to amend the Land
Use Plan (LUP) map of Miami -Dade County Comprehensive Development Master Plan
from "Estate Density Residential" to "Business and Office" for the property located 5620
S.W. 67 Avenue, Miami, Florida.
WHEREAS, RAB Builders, LLC has filed an application to amend the Land Use Plan (LUP)
map of Miami -Dade County Comprehensive Development Master Plan for the property located at
5620 S.W. 67th Avenue, Miami, Florida (Folio No.30-4026-010-0100) on the west side of SW 67
Avenue and immediately south of the corner lot located at SW 56th Street and SW 67 Avenue and to
change it from "Estate Density Residential" to "Business and Office"; and
WHEREAS, the same property was the subject of another application filed in 2018 by 7-
Eleven, LLC in which both the property in question and the comer lot at the SW 67 Avenue and 56
Street to change the Land Use Plan map from "Estate Density Residential" to "Business and
Office"; and
WHEREAS, the previous application was recommended for approval by the County staff
with the condition that the proffered declaration of restrictions to be recorded and Kendall
Community Council 12 also recommended approval with the added condition that dense landscaping
be included along the southern property line; and
WHEREAS, the City of South Miami adopted a resolution opposing the change in the LUP
map; and
WHEREAS, the Miami -Dade County Board of County Commissioners denied the 2018
application; and
WHEREAS, the current 2020 application is inconsistent with the LUP in that the property
on the corner of SW 67 Avenue and 56 Street is designated as "Estate Density Residential" land use
and the properties to the south of the current applicant's property is designated as SINGLE-
FAMILY, LOW -DENSITY (UNDER 2 DU/GROSS ACRE).and with a zoning designation of EU-
M (Estates modified, minimum lot area 15,000 square feet); and
WHEREAS, the property on the south eastern corner of SW 67 Avenue and 56 Street is
located in the City of South Miami and zoned multi -family; and
WHEREAS, the property directly east of the applicant's property, 5631 SW 67 Avenue,
South Miami, Florida, and the properties immediately to the south of that property are all single-
family homes with a land use designation of "Residential - Single Family".
Page 1 of 2
0
Res. No. 028-20-15467
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct
and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2: The City Attorney is hereby authorized and instructed to take all appropriate
action to oppose the application of RAB Builders, LLC to amend the Land Use Plan (LUP) map of
Miami -Dade County Comprehensive Development Master Plan from "Estate Density Residential" to
"Business and Office" for the property located 5620 S.W. 67th Avenue, Miami, Florida. The City
Commission hereby appoints Vice Mayor Robert Welsh to represent the City of South Miami
regarding the City Commission's opposition to the application of RAB Builders, LLC concerning
the subject property and to communicate with appointed and elected officials of Miami -Dade County
regarding the impact of the proposed amendment to the County's Land Use Plan map. This
resolution shall not preclude other members of the City Commission from also contacting appointed
and elected officials of Miami -Dade County.
Section 3. Corrections. Conforming language or technical scrivener -type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 3 day of Qr6l 2020.
ATTEST:
CITY IELERK
Page 2 of 2
APPROVED:
�"HIAYROR
COMMISSION VOTE: 4-1
Mayor Philips Yea
Vice Mayor Welsh Yea
Commissioner Gil Yea
Commissioner Liebman Nay
Commissioner Harris Yea
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission for the City of South Miami instructing the City Attorney to
oppose RAB Builders, LLC's application to amend the Land Use Plan (LUP) map of Miami -Dade County
Comprehensive Development Master Plan from "Estate Density Residential" to "Business and Office" for the
property located 5620 S.W. 67th Avenue, Miami, Florida. 3/5 (Vice Mayor Welsh)
Suggested Action:
Attachments:
Reso-opposing RAB Appl Co FLUM amend mentCArev.docx
Appl CompPlanFLUM Amendment_32loMg4.pdf
Co Recommendation rSWcHH6v.pdf
Public Notice of 2 or 3 mtgs.docx
AERIAL_OCTOBER_2019_CYCLE_APP3.pdf
Staff Report October 2017App. 4 & Appendix.pdf (00077718xE1F64).PDF
APPLICATION TO AMEND THE
LAND USE PLAN MAP OF THE
COMPREHENSIVE DEVELOPMENT MASTER PLAN
1. APPLICANT RECEIVE
RAB Builders LLC I OCT 2 8 2019
2615 Granada Blvd.
Coral Gables, Florida 33134
305-992-6080
2. APPLICANT'S REPRESENTATIVES
Juan J. Mayol, Jr., Esq. and Gloria M. Velazquez, Esq.
Holland & Knight, LLP
701 Brickell Avenue, Suite 3000
Miami, Florida 33131-2847
(305) 374-8500 (o)
(305) 679-6305 (f)
Gloria M. Velazquez, Esq.
3. DESCRIPTION OF REQUESTED CHANGE
10/14/19
Date
MIAMI-DADE COUNTY
RER PLANNING
A. Changes to the Land Use Plan Map,. Applicant requests changes to the Land Use
Plan (LUP) map designation on the subject property from "Estate Density
Residential" to "Business and Office".
B. Description of the Subject Property (the "Property_").
The Property contains approximately t.7 gross/net acres and is located near the
southwest corner of SW 56`h Street/Miller Drive and SW 67 Avenue/Ludlam Road,
in Section 26, Township 54, Range 40, more particularly described in the sketch
and legal attached to this application.
3
C. Gross and Net Acreage.
Application area: t.70 gross/net acres
Acreage Owned by,Applicant: t.70 gross/net acres under contract through a joint
venture agreement with Owner.
D. Requested Change.
1. Applicant requests that the Property be re -designated on the Land Use Plan map from
Estate Density Residential" to "Business and Office" on +/- .70 gross acres identified in
Exhibit "A."
2. Applicant requests that this Application be processed as a small scale amendment.
4. REASONS FOR AMENDMENT
The Applicant is requesting the re -designation of the Property from "Estate Density
Residential" to "Business and Office". The Property consists of:00 gross acres (:00 net acres).
The requested amendment seeks a re -designation of the Property from "Estate Density
Residential" to "Business and Office" on the Future Land Use Map. The proposed amended will
allow for the redevelopment of the Property with commercial uses to serve the abutting residents.
The Property is currently improved with a single family home, however, it is abutting to the north
to an existing 7-Eleven gas station with a convenience store and car wash. Re -designating this
property to Business and Office would be compatible with the existing comer commercial use, and
also with the residential properties to the south. For the reasons cited below, we believe the
proposed amendment is compatible with the neighboring land uses and consistent with the polices
and goals of the Comprehensive Plan.
The Property is comprised of approximately:00 gross acres (f.70 net acres) and is located
south of the southwest comer of SW 56'h Street/Miller Drive and SW 67 Avenue/Ludlam Road
Accordingly, the Property is ideally situated for commercial and retail uses due to its location
along two major thoroughfares with a high volume of vehicular trips. The proposed re -designation
of the Property to `Business and Office" is also consistent with the Guidelines for Urban Form
which provide that "intersections of section line roads shall serve as focal points of activity,
hereafter referred to as activity nodes. When commercial uses are warranted, they should be
located within these activity nodes". The approval of the request conforms with and promotes the
implementation of these Guidelines by providing commercial uses to serve the surrounding
residential community and providing much needed retail services to its residents.
Based on the surrounding development and the existing land uses in the area, we believe
the Property is appropriately located for a commercial use. Additionally, approval of the proposed
request would further the implementation of the following CDMP goals, objectives and policies:
LU-1. The location and configuration of Miami -Dade County's urban growth through the year
2030 shall emphasize concentration and intensification of development around centers of activity,
development of well -designed communities containing a variety of uses, housing types and public
5
services, renewal and rehabilitation of blighted areas, and contiguous urban expansion when
warranted, rather than sprawl.
LU-1C. Miami -Dade County shall give priority to infill development on vacant sites in currently
urbanized areas, and redevelopment of substandard or underdeveloped environmentally suitable
urban areas contiguous to existing urban development where all necessary urban services and
facilities are projected to have capacity to accommodate additional demand.
LU-1G. Business developments shall preferably be placed in clusters or nodes in the vicinity of
major roadway intersections, and not in continuous strips or as isolated spots, with the exception
of small neighborhood nodes. Business developments shall be designed to relate to adjacent
development, and large uses should be planned and designed to* serve as an anchor for adjoining
smaller businesses or the adjacent business district. Granting of commercial or other non-
residential zoning by the County is not necessarily warranted on a given property by virtue of
nearby or adjacent roadway construction or expansion, or by its location at the intersection of two
roadways.
LU-4A. When evaluating compatibility among proximate land uses, the County shall consider
such factors as noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, parking,
height, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety,
as applicable.
LU-4C. Residential neighborhoods shall be protected from intrusion by uses that would disrupt or
degrade the health, safety, tranquility, character, and overall welfare of the neighborhood by
creating such impacts as excessive density, noise, light, glare, odor, vibration, dust or traffic.
LU-8B: Distribution of neighborhood or community serving retail sales uses and personal and
professional offices throughout the urban area shall reflect the spatial distribution of the residential
population, among other salient social, economic, and physical considerations.
LU-10A. Miami -Dade County shall facilitate contiguous urban development, infill, redevelopment
of substandard or underdeveloped urban areas, moderate to high intensity activity centers, mass
transit supportive development, and mixed -use projects to promote energy conservation. To
facilitate and promote such development Miami -Dade County shall orient its public facilities and
infrastructure planning efforts to minimize and reduce deficiencies and establish the service
capacities needed .to support such development.
CIE-3. CDMP land use decisions will be made in the context of available fiscal resources such
that scheduling and providing capital facilities for new development will not degrade adopted
service levels.
5. LEGAL DESCRIPTION
Attached as Exhibit "A"
6. ADDITIONAL MATERIALS SUBMITTED
Additional items in support of this application may be submitted at a later date.
1.1
7. LOCATION MAP FOR APPLICATION
Attached as Exhibit "B"
8. COMPLETE DISCLOSURE OF INTEREST FORM
Attached as Exhibit "C"
Attachments: Legal Descriptions for the Property - Exhibit "A"
Location Map for Application - Exhibit "B"
Disclosure of Interest Form - Exhibit "C"
Aerial Photograph - Exhibit "D"
Traffic Study - Exhibit "E"
Survey - Exhibit "F"
l
J
EXHIBIT "A"
LEGAL DESCRIPTION FOR PROPERTY
Lot 10, Block 1, of BEVERLY HILLS, according to the plat thereof as recorded in Plat Book 43, at Page 68, of the
Public Records of Miami —Dade County, Florida.
93
EXHIBIT'B"
LOCATION MAP FOR APPLICATION TO AMEND
THE COMPREHENSIVE DEVELOPMENT MASTER PLAN
APPLICANTS / REPRESENTATIVE
RAB Group LLC / Juan J. Mayol, Jr, Esq. and Gloria M. Velazquez, Esq.
DESCRIPTION OF SUBJECT AREA
The Property contains approximately f.70 gross acres (f.70 net acres) and is located near the
southwest corner of SW 5611 Street/Miller Drive and SW 67 Avenue/Ludlam Road, in Section 26,
Township 54, Range 40, more particularly described in the sketch and legal attached to this
application.
LOCATION MAP
__...-rj J
1 �
- SW 56T11 ST \ MILLER RD
kl—r
SW561K sl \ MILLER DR
J
c
1JJ
_ J D •
Application Area in Yellow.
Applicant does not own Application Area.
t".100'
F]
T'e; ite
EXHIBIT "C"
OFINTEREST
This form or a facsimile must be filed by all applicants having an ownership interest in any real property
covered by an application to amend the Land Use Plan map. Submit this form with your application.
Attach additional sheets where necessary.
1. APPLICANT (S) NAME AND ADDRESS:
APPLICANT:
RAB Builders LLC
2615 Granada Blvd.
Coral Gables, Florida 33134
Use the above alphabetical designation for applicants in completing Sections 2 and 3, below.
2. PROPERTY DESCRIPTION: Provide the following information for all properties in the
application area in which the applicant has an interest. Complete information must be
provided for each parcel.
OWNER OF FOLIO SIZE IN
APPLICANT RECORD NUMBER ACRES
RAB Builders LLC All In Investment Group LLC 30-4026-010-0100 +/-.70;woss/net acres
3. For each applicant, check the appropriate column to indicate the nature of the applicant's
interest in the property identified in 2, above.
CONTRACTOR OTHER (Attach
APPLICANT OWNER FOR PURCHASE LESSEE Explanation)
X X through Joint Venture Agreement with Owner
4. DISCLOSURE OF APPLICANT'S INTEREST: Complete all appropriate sections and
indicate N/A for each section that is not applicable.
a. If the applicant is an individual (natural person) list the applicant and all other
individual owners below and the percentage of interest held by each.
INDIVIDUAL'S NAME AND ADDRESS PERCENTAGE OF INTEREST
10
b. If the applicant is a CORPORATION, list the corporation's name, the name and
address of the principal stockholders and the percentage of stock owned by each.
[Note: where the principal officers or stockholders, consist of another corporation
(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be
required which discloses the identity of the individual(s) (natural persons) having
the ultimate ownership interest in the aforementioned entity.]
CORPORATION NAME RAB Builders LLC, a Florida limited liability company
NAME, ADDRESS, AND OFFICE (if applicable) PERCENTAGE OF STOCK
Rolando Benitez
2615 Granada Blvd.
Coral Gables, Florida 33134
100%
C. If the applicant is a TRUSTEE, list the trustee's name, the name and address of the
beneficiaries of the trust, and the percentage of interest held by each. [Note: where
the beneficiary/beneficiaries consist of corporation's), partnership(s), or other similar
entities, further disclosure shall be required which discloses the identity of the
individual (s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
TRUSTEES NAME:
BENEFICIARY`S NAME AND ADDRESS PERCENTAGE OF INTEREST
d. If the applicant is a PARTNERSHIP or LIMITED PARTNERSHIP, list the name of
the partnership, the name and address of the principals of the partnership, including
general and limited partners and the percentage of interest held by each partner.
[Note: where the partner(s) consist of another partnership(s), corporation(s) trust(s)
or other similar entities, further disclosure shall be required which discloses the
identity of the individual(s) (natural persons) having the ultimate ownership interest
In the aforementioned entity].
PARTNERSHIP NAME:
NAME AND ADDRESS OF PARTNERS PERCENTAGE OF INTEREST
11
e. If the applicant is party to a CONTRACT FOR PURCHASE, whether contingent on
this application or not, and whether a Corporation, Trustee, or Partnership, list the
names of the contract purchasers below, including the principal officers, stockholders,
beneficiaries, or partners. [Note: where the principal officers, stockholders,
beneficiaries, or partners consist of another corporation, trust, partnership, or other
similar entities, further disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
NAME AND ADDRESS
Rolando Benitez
2615 Granada Blvd.
Coral Gables, Florida 33134
PERCENTAGE OF INTEREST
100%
Date of Joint Venture Agreement June 12, 2019
If any contingency clause or contract terms involve additional parties, list all individuals or officers
If a corporation, partnership, or trust.
5. DISCLOSURE OF OWNER'S INTEREST: Complete only if an entity other than the
applicant is the owner of record as shown on 2.a., above.
a. If the owner is an individual (natural person) list the applicant and all other individual
owners,below and -the percentage of interest held by each.
INDIVIDUAUS NAME AND ADDRESS PERCENTAGE OF INTEREST
If the owner is a CORPORATION, list the corporation's name, the name and
address of the principal stockholders and the percentage of stock owned by each.
[Note: where the principal officers or stockholders consist of another corporation(s),
trustee(s) partnership(s) or other similar entities, further disclosure shall be
required which discloses the identity of the individual(s) (natural persons) having
the ultimate ownership interest in the aforementioned entity.)
CORPORATION NAME: All In Investment Group LLC, Owner
NAME, ADDRESS AND OFFICE (if applicable) PERCENTAGE OF STOCK
The MGG Revocable Trust
6961 SW 62 Street, Miami Florida 33143
Lizette Vale, as Trustee of the MGG Revocable Trust 100
12
If the owner is a TRUSTEE, and list the trustee's name, the name and address of the beneficiaries of
the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries
consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure
shall be required which discloses the identity of the individuals) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
TRUSTEE'S NAME:
BENEFICIARY'S NAME AND ADDRESS PERCENTAGE OF INTEREST
Lizette Vale, 6961 SW 62 Street, Miami Florida 33143 100 %
C. If the owner is a PARTNERSHIP or LIMITED PARTNERSHIP, list the name of the
partnership, the name and address of the principals of the partnership, including
general and limited partners, and the percentage of interest held by each. [Note:
where the partner(s) consist of another partnership(s), corporation(s) trust(s) or other
similar entities, further disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
PARTNERSHIP NAME:
NAME AND ADDRESS OF PARTNERS PERCENTAGE OF OWNERSHIP
d. If the owner is party to a CONTRACT FOR PURCHASE, whether contingent on this
application or not, and whether a Corporation, Trustee, or Partnership, list the names
of the contract purchasers below, including the principal officers, stockholders,
beneficiaries, or partners. [Note: where the principal officers, stockholders,
beneficiaries, or partners consist of another corporation, trust, partnership, or other
similar entities, further disclosure shall be required which discloses the identity of the
Individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
NAME, ADDRESS AND OFFICE of applicable) PERCENTAGE OF INTEREST
RAB Builders LLC, a Florida limited liability company
Rolando Benitez 100%
2615 Granada Blvd.
Coral Gables, Florida 33134
Date of Joint Venture Agreement June 12, 2019
13
If any contingency clause or contract terms involve additional parties, list all individuals or officers,
if a corporation, partnership, or trust
For any changes of ownership or changes in contracts for purchase subsequent to the date of the
application, but prior to the date of the final public hearing, a supplemental disclosure of interest
shall be filed.
The above is a full disclosure of all parties of interest in this application to the best of my knowledge
and behalf.
RAF
By:
Nam
Title
Sworn to and subscribed before me
this i s day o% e r , 2019 M t(Hin=Explre&Jun
lYAo
t.. \ Ntate al Florida
\g GG 333360
/ \?a t Mys Jun 26, 2023Otary Public, tate of ri a at Large (SEAL) Bonded nal Notary Assn.
Disclosure shall not be required of any entity, the equity interest in which are regularly traded on an established
securities market in the United States or other country; or pension funds or pension trusts of more than five thousand
(5,000) ownership interests; any entity where ownership interests are held in a partnership, corporation or trust
consisting of more FMGM then five thousand (5,000) separate interests including all interests at each level of
ownership, and no one pension or entity holds more than a total of five (5) percent of the ownership interest in the
partnership, corporation or trust, or of any entity, the ownership interest of which are held in a partnership, corporation
or trust consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of
5% of the ownership interest in the partnership, corporation or trust. Entities whose ownership interests are held in
partnership, corporation, or trust consisting of more than five thousand (5,000) separate interests, including all interests
at every level of ownership, shall only be required to disclose those ownership interest which exceed five (5) percent
of the ownership interest in the partnership, corporation or trust.
14
EXHIBIT "D"
AERIAL PHOTOGRAPH
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EXHIBIT "E"
SEE ATTACHED TRAFFIC STUDY
16
EXHIBIT "F"
SEE ATTACHED SURVEY
17
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Application No. CDMP20190026
RAB Builders LLC
Commission District 7 Community Council 12
APPLICATION SUMMARY
Applicant/Representative: RAB Builders LLC / Juan J. Mayol Jr., Esq. and
Gloria M. Velazquez, Esq., Holland & Knight LLP
Location: t140 ft. south of SW 56 Street and on the west side
of SW 67 Avenue/Ludlam Road
Total Acreage:
Current Land Use Plan Map
Designation:
Requested Land Use Plan Map
Designation and other changes:
Amendment Type:
Existing Zoning District/Site Condition:
RECOMMENDATIONS
Staff:
Kendall Community Council (12):
Planning Advisory Board (PAB) Acting
as the Local Planning Agency:
Final Action of Board of County
Commissioners:
t0.70 gross/net acres
"Estate Density Residential (1 to 2.5 dwelling units
per gross acre)"
"Business and Office"
Small -Scale
EU-M (Single Family Modified Estate District)/Single-
family residence, accessory dwelling unit
ADOPT WITH CHANGE AND WITH ACCEPTANCE
OF THE PROFFERED DECLARATION OF
RESTRICTIONS [Change is to redesignate the
application site to "Office/Residential"](February
2020)
TO BE DETERMINED (February 24, 2020)
TO BE DETERMINED (March 4, 2020)
TO BE DETERMINED (April 23, 2020)
19
October 2019 Cycle 1 Application No. CDMP2190026
Staff recommends ADOPT WITH CHANGE AND WITH ACCEPTANCE OF THE PROFFERED
DECLARATION OF RESTRICTIONS the proposed small-scale amendment to the
Comprehensive Development Master Plan (CDMP) Adopted 2020 and 2030 Land Use Plan (LUP)
map to redesignate the ±0.70 gross/net acre application site from "Estate Density Residential (1
to 2.5 dwelling units per gross acre)" to "Business and Office" for the following reasons:
Principal Reasons for Recommendation:
1. Staff recommends that the application be adopted with change and with acceptance of
the Applicant's proffered declaration of restrictions (covenant) as the recommended
"Office/Residential" designation and limitations proposed in the covenant address the
compatibility of development on the site with the adjacent single-family residences. The
application as filed, sought redesignation of the application site from "Estate Density
Residential" (1 to 2.5 dwelling units per acre) to "Business and Office" without addressing
how the wide range of commercial, service and retail uses that would be allowed on the
site would be made compatible with the adjacent single-family residences, if the
application were to be approved. The Applicant subsequently, on February 14, 2020,
proffered a covenant that proposes to limit the use(s) on the site to offices, limit building
height to a maximum 40 feet, provide for a decorative 6-foot fence or wall and 5-foot wide
landscaped along the southern boundary of the site, and setback of buildings from the
west and south property lines. Given the proffered covenant proposes to limit the uses on
the site to office uses, staff recommends that the site be redesignated to
"Office/Residential" rather than the requested "Business and Office" designation. The
"Office/Residential" land use category provides that a specific objective in designing
developments to occur in this category is that the development should be compatible with
the adjacent residential uses.
This application site is the approximate southern half of a ±1.31-acre property that was
the subject of the prior Application No. 4 filed in the October 2017 cycle of amendments
to the CDMP. The other parcels included in that prior amendment application are the
abutting 7-Eleven gas station and car wash north of this site. The October 2017 application
sought to redesignate the subject property to "Business and Office" to facilitate expansion
of the 7-Eleven gas station. Staff recommended approval of the October 2017 Application
No. 4 as it included a proffered covenant that proposed to limit development of the ±1.31-
acre property to the expansion of the gas station and convenience store that has served
the community since the late 1970s and addressed compatibility of the use with the
adjacent residences. The then proffered covenant addressed compatibility through
commitment to the provision of a 25-foot minimum building setback from any property line;
a minimum landscape buffer of 25 feet to be provided along the south property line; and
a minimum landscape buffer of 10 feet provided along the west property line (see
"Background" section on page 12).
2. Approval of the application would be generally consistent with the criteria for evaluating
Land Use Plan map amendment applications pursuant to Policy LU-8E of the CDMP Land
Use Element. Policy LU-8E requires LUP map amendment applications to be evaluated
according to factors such as (i) the ability of the proposed amendment to satisfy a
deficiency in the LUP map to accommodate projected population or economic growth of
the County, (ii) impacts to County facilities and services, (iii) compatibility with abutting
and nearby land uses, (iv) impacts to environmental and historical resources, and (v) the
extent to which the proposed land use would promote transit ridership and pedestrianism
pursuant to Objective LU-7 and associated policies. Each factor is discussed below.
i. Need to Accommodate Population or Economic Growth: Approval of the application 20
with acceptance of the proffered covenant would allow an office development on the
October 2019 Cycle 2 Application No. CDMP2190026
site that could generate employment and be of benefit to the area. A land supply and
demand analysis was performed for the Minor Statistical Area (MSA) 5.2 where the
application site is located. There is 570.90 acres of in -use commercial uses in 2019
and an additional 16.5 acres of vacant land zoned or designated for business uses.
Based on the projected absorption rate for 2019-2040 of 1.83 acres per year, MSA 5.3
is due to deplete its supply of commercially zoned land in 2028. If the application was
approved, it would add over four months of supply to commercial land in MSA 5.3. The
single-family residential depletion year will remain 2020, the multifamily depletion year
2040, and for both residential types, the year 2038. An analysis of the residential
capacity by type of dwelling units shows the depletion of single-family to occur in 2020
and beyond 2040 for multi -family. In 2019 was estimated to have the capacity for about
10,685 dwelling units, with about 94 percent of these units intended as multi -family
Approval of the application acceptance of the proffered covenant would reduce the
residential supply by a single unit (see "Supply and Demand Analysis" on page 14).
ii. Public Facilities and Services. Approval of the application would be consistent with the
CDMP Capital Improvements Element Objective CIE-3 that requires CDMP land use
decisions not to cause a violation in the adopted level of service standards for public
facilities and services. The impacts that would be generated from the maximum
allowable development on the site would not cause a violation in the level of service
standards for public services and facilities.
However, it should be noted that the traffic impact analysis of roadways serving the
amendment site provided by the Applicant shows that segments of SW 56 Street and
SW 67 Avenue in the vicinity of the site are projected to operate in violation of their
adopted level of service (LOS) standards. These roadway segments are currently
operating at Level of service (LOS) 'F' in violation of the adopted LOS standards 'E'
and E+20. These roadway segments are not deemed to be significantly impacted by
the project traffic since the projected traffic impact is less than five percent of the
maximum service volume (MSV) of the adopted roadway LOS standards. Pursuant to
the provisions of the CDMP Capital Improvements Element, no mitigation or roadway
improvements are required for projects having traffic impacts of less than five percent.
(see "Roadways" on page 21).
iii. Compatibility: The requested "Business and Office" land use designation and the
proposed limitations contained in the Applicant's proffered covenant would allow office
development on the property that would be generally compatible with the abutting
single-family residential development and would be compatible with the abutting
church and school, gas station, and car wash. The application site and properties to
the west and south are designated "Estate Density Residential" that allows 1 to 2.5
dwelling units per acre (see "CDMP Land Use" map on page 21). To the south and
southwest of the site are estate single-family residences (generally on lots larger than
% acre) and abutting to the north are the longstanding commercial uses of the 7-
Eleven and car wash facility, and to the west is the Palmetto Presbyterian church and
school facility. Across SW 67 Avenue to the east of the application site, are the Miller
Sixty -Seventh located north of Miller Drive and the Caridad apartment complex located
on south of Miller Drive, within the City of South Miami.
The Applicant's proffered covenant proposes a 6-foot high decorative fence or wall
and a 5-foot wide landscaped buffer along the site's southern boundary and requires
a 50-foot minimum setback from the southern boundary for buildings on the site,
addressing compatibility of uses on the property with the abutting residences.
21
October 2019 Cycle 3 Application No. CDMP2190026
iv. Environmental and Historic Resources. The application, if approved, may potentially
impact historic and environmental resources. Land Use Element Objective LU-6 and
Policy LU-6A state the County shall identify, seek appropriate designation and protect
properties of historic, architectural, cultural and archaeologically significance. The
Office of Historic Preservation (OHP) identifies that the application site contains a
structure that meets the 50-year benchmark for historic resource eligibility and thereby
requires the submittal of a completed Florida Master Site File Historical Structure
Forms prior to demolition of any structure on the site (see "Historic Preservation" on
page 16). Additionally, the Division of Environmental Resources (DERM) identifies that
the application site contains specimen trees, which are trees with trunk diameter of 18"
or greater. Specimen trees are protected pursuant to Section 24-492(II) of the Code
and Policy CON-8A of the CDMP and are to be preserved where reasonably possible
(see "Environmental Conditions" on page 16).
v. Transit Ridership and Pedestrianism. The application, if approved, could support
transit ridership and pedestrianism. Policy LU-8E(v) states that applications requesting
amendments to the CDMP would be a use that promotes transit ridership and
pedestrianism, if located in a planned Urban Center, or within '/ mile of an existing or
planned transit station, exclusive busway stop, transit center, or standard or express
bus stop served by peak period headways of 20 or fewer minutes. There are two
Metrobus stops are located on the application site, namely for Metrobus Route 56 on
south side of Miller Drive and for Metrobus Route 73 located on the west side of SW
67 Avenue. Metrobus Route 56 provides service along Miller Drive/SW 56 Street with
40-minute AM/PM peak service headways and 60-minute off-peak service headways.
Metrobus Route 73 provides transit service along SW 67 Avenue/Ludlam Road with
30-minute AM/PM peak service headways and 40-minute off-peak service headways,
and 60-minute service headways on Saturday and Sundays. The application site is
also well -accessible with sidewalks on SW 56 Street and SW 67 Avenue and lies within
walking distance to South Miami Senior High School to the northwest. (see "Transit"
section on page 27).
22
October 2019 Cycle 4 Application No. CDMP2190026
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24
October 2019 Cycle 6 Application No. CDMP2190026
RAB BUILDERS, LLC. -APPLICATION NO. 3
EXISTING LAND USE
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Application Area - Low -Density Multi -Family Parks, Preserves, Conservation Areas
ORMunicipal Boundary - Commercial, Shopping Centers, Stadiums Vacant Pnvately Owned, Unprotected
Existing Land Use Institutional Inland Waters
Single -Family _ communications, Utilities, Terminals tJ
Two -Family Duplexes I_ _ Streets, Roads, Expressways, Ramps
- Townhouses Streets, Expressway RIW
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25
October 2019 Cycle 7 Application No. CDMP2190026
RAB BUILDERS, LLC. -APPLICATION NO. 3
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LOW -MEDIUM DENSITY (LMDR) 6-13 DU/AC
SW 55TH UN
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Source: Deparbnenl of Regulatory and Economic Resources
November 2019
WATER
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26
October 2019 Cycle 8 Application No. CDMP2190026
RAB BUILDERS, LLC. -APPLICATION NO. 3
PROPOSED CDMP LAND USE
SW 53RD ST
SW 54TH ST
SW 55TH ST
UNINCORPORATED MIAMI-DADE
SW 57TH TER
SW 59TH ST
�1 APPLICATION AREA
® MUNICIPAL BOUNDARY
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LOW DENSITY (LDR) 2.5-6 DU/AC
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Source: Deperbnent of Regulatory and Economic Resources
December 2019
- BUSINESS AND OFFICE
WATER
SPECIAL DISTRICT
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MINOR ROADWAYS (2 LANES)
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27
October 2019 Cycle 9 Application No. CDMP2190026
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Residential Land Use
20
October 2019 Cycle 10 Application No. CDMP2190026
C1M-M:TiT_1W&IFS
Background
The application site is the southern t0.70 acre portion of a larger t1.31 acre site that was the
subject of Application No. 4 filed in the October 2017 Applications to Amend the Comprehensive
Development Master Plan (CDMP). Application No. 4 was comprised of the current application
site and the abutting 7-Eleven gas station with convenience store, and car wash north of the site.
Application No. 4 sought to change the CDMP land use designation from "Estate Density
Residential" to "Business and Office" to redevelop and expand the 7-Eleven site. The applicant
proffered a Declaration of Restrictions (covenant) committing to the redevelopment of the entire
site and limiting the uses to a gasoline station with ancillary convenience store. The covenant also
included a minimum landscaped buffer on 25 feet to be provided along the south property line.
The Kendall Community Council 12 recommended at its March 20, 2018 public hearing to adopt
the application with the proffered covenant, and with the condition that the declaration of
restrictions be modified to require dense landscaping on the south side of the property. The
Planning Advisory Board voted to deny the application at its April 9, 2018 hearing, as did the
Board of County Commissioners at its April 25, 2018 public hearing.
Application Site
Location
The application site is a t0.70 acre property located ±140 feet south of SW 56 Street/Miller Drive
and on the west side of SW 67 Avenue/Ludlam Road. East of the application site and SW 67
Avenue/Ludlam Road, is the City of South Miami (see "Aerial Photo" map on page 6.) The
application site is inside the County's Urban Development Boundary (UDB) and within the
County's Urban Infill Area, where infll and redevelopment is promoted and prioritized.
Existing Land Use
The application site consists of a single-family residence, with an accessory structure, and
according to the County's Property Appraiser records was constructed in 1945 and consists of
2,144 sq. ft. living space (see Appendix E: Photos of Site and Surroundings on Appendices Page
41). The site is densely vegetated and contains one hundred and six (106) trees according to the
Map of Boundary and Tree Survey dated June 24, 2019 submitted with the Application (see
Appendix A: Application on Appendices Page 3).
Land Use Plan Map Designation/Request
The CDMP Adopted 2020 and 2030 Land Use Plan (LUP) map designates the application site as
"Estate Density Residential (1 to 2.5 dwelling units per gross acre)," see "CDMP Land Use" map
on page 9. The "Estate Density Residential" land use category allows densities from 1 to 2.5
dwelling units per gross acre and is typically characterized by detached estates which utilize only
a small portion of the total parcel. Clustering, and a variety of housing types may be authorized.
Under the current land use designation the application site could be developed with a maximum
of one single-family residential dwelling unit.
The applicant requests redesignation of the application site on the LUP map to "Business and
Office" (see "Proposed CDMP Land Use" map on page 10). The "Business and Office" CDMP
land use category allows the full range of sales and service activities that includes retail,
wholesale, personal and professional services, commercial and professional offices, hotels,
motels, hospitals, entertainment, cultural facilities and residential development. Residential uses
are permitted in the Business and Office areas provided that the scale and intensity, including
height and floor area ratio of the residential or mixed use development, is compatible with that of
adjacent or adjoining development, and it provides a sensitive well designed transition to any 29
October 2019 Cycle 11 Application No. CDMP2190026
adjacent or adjoining residentially developed or designated areas of different development
intensity.
Under the requested "Business and Office" land use designation the application site could be
developed with a maximum of either: 4 single-family detached dwelling units; or with 12,134 sq.
ft. retail uses (see "CDMP LUP Map Designations and Development" table below).
The analysis and impact analyzed were under the more intense "Business and Office" land use
designation, while the Staff recommended change to "Office/Residential" is generally estimated
to generate less of an impact.
It must be noted that the actual densities or intensities of development approvable on a given site
may be significantly lower than the maximum, where necessary, to conform to an overriding Plan
policy, or to ensure compatibility of the proposed development with its surrounding land uses.
Therefore, the total permissible development may be significantly less than the maximum allowed
under the CDMP due to land use compatibility and other site -related considerations.
CDMP LUP Map Designations and Development Potential:
Current CDMP LUP Map Designation "Estate Density Residential"
Current Potential Development 1 single family
Proposed CDMP LUP Map Designation
"Business and Office"
Proposed Potential Development
4 single family detached
OR
12,134 s . ft. retail
Source: Department of Regulatory and Economic Resources, Planning Division,
December 2019
Zoning
The application site is zoned EU-M (Estates modified, minimum lot area 15,000 square feet), see
"Zoning Map" on page 7.
Zoning History
Miami -Dade County zoning districts and zoning code regulations were first created in 1938, and
the County's first zoning records indicate that the application site was part of the 1944 "Beverly
Hills" plat recorded in Plat Book 43, Page 68 comprising 40 acres zoned EU-M. The application
site remains zoned EU-M to date.
Adjacent Land Use and Zoning
Existing Land Uses
North of the application site is a 7-Eleven gas station and convenience store and a car wash, and
further north across SW 56 Street/Miller Drive is a Walgreens. West of the application site is the
Palmetto Presbyterian Church and Palmetto Preschool and Christian School (pre-K through 51'
grade). To the northwest, across SW 56 Street, are small retail establishments such as a nail
salon, the King Sandwich, the Asia Grocery and a new BP gas station, and beyond SW 68 Avenue
is the South Miami Senior High School. Northeast of the application site, across SW 67 Avenue
and SW 56 Street, is the Miller Sixty -Seventh two-story condominium complex. East of the
application site is the two-story Caridad apartment complex, and further east and to the southeast
are single-family residences. South and southwest of the application site are single-family
residences, see (see "Existing Land Use" map on page B. 30
October 2019 Cycle 12 Application No. CDMP2190026
Land Use Plan Mao Designations
The application site and the surrounding properties south of SW 56 Street and west of SW 67
Avenue/Ludlam Road, are designated "Estate Density Residential", namely the 7-Eleven and car
wash facility to the north, the Palmetto Presbyterian church and school facility west of the
application site, and the single-family residences located south and southwest of the application
site (see "CDMP Land Use" map on page 9).
Properties north of SW 56 Street and west of SW 67 Avenue are designated on the LUP map as
"Low Density Residential (2.5 to 6 dwelling units per acre)" including: the Walgreens located north
of the application site; the small retail establishments and gas station located northwest of the
application site and South Miami Senior High School. Depicted on the LUP map as "Low Density
Residential" are the properties located east of SW 67 Avenue within the City of South Miami —the
Miller Sixty -Seventh condominium complex northeast of the application site; the Caridad
apartment complex east of the application site; and the single-family residences located east and
southeast of the application site. For the previously mentioned properties located within the City
of South Miami, the Caridad apartment complex located east of the application site is designated
on the City's Comprehensive Future LUP map as "Multiple -Family Residential (four story)"; and
the Miller Sixty -Seventh condominiums designated as "Townhouse Residential (two story)." The
single-family residences located east and southeast of the application site are designated
"Townhouse Residential (two story)" and "Single -Family Residential (two story)."
Zoning
The 7-Eleven and gas station north of the application site, the Walgreens and retail stores further
north beyond SW 56 Street are zoned BU-1 A (Business Districts, limited) and BU-1 (Business
Districts, neighborhood). The South Miami Senior High School is zoned RU-1 (Single Family
Residential). The Palmetto Presbyterian church and school facility west of the application site is
zoned RU-5 (Semi -Professional Office District and Apartments District) and EU-M (Estates
modified, minimum lot area 15,000 square feet). The single-family residences located to the south
and southwest of the site are zoned EU-M. Across SW 67 Avenue/Ludlam Road to the northeast
and east are properties located within and zoned by the City of South Miami. The Miller Sixty -
Seventh condominium complex to the northeast is zoned RT-6 (Townhouse Residential). The
Caridad apartment complex to the east is zoned RM-24 (Medium Density Multi -Family); and the
single-family properties to the east and southeast fronting SW 67 Avenue are zoned RS-3 (Low
Density Residential) and RT-6 (see "Zoning Map" on page 7).
Supply and Demand Analysis
The capacity of the LUP map to accommodate population or economic growth is generally
expressed in acres of vacant land zoned or designated for residential and non-residential
development. In the context of this small-scale Application No. CDMP20190026, land capacity is
analyzed at the localized or Minor Statistical Area (MSA) level.
Residential
The combined vacant land for single-family and multi -family residential development in the
Analysis Area (Minor Statistical Area 5.3) in 2019 was estimated to have a capacity for about
10,685 dwelling units, with about 94 percent of these units intended as multi -family. The annual
average residential demand in this Analysis Area is projected to be approximately 551 units for
the 2035 —2040 time period. An analysis of the residential capacity by type of dwelling units
shows the depletion of single-family to occur in 2020 and for multi -family type to be beyond 2040
(see "Residential Land Supply/Demand Analysis" table below).
31
October 2019 Cycle 13 Application No. CDMP2190026
Residential Land Supply/Demand Analysis
2019 to 2040: Application 3 (MSA 5.3)
ANALYSIS DONE SEPARATELY FOR
EACH TYPE, I.E. NO SHIFTING OF
DEMAND BETWEEN SINGLE & MULTI- STRUCTURE TYPE
FAMILY TYPE
SINGLE-FAMILY MULTIFAMILY BOTH TYPES
CAPACITY IN 2019
628
10,057
10,685
DEMAND 2019-2020
381
. 198
579
CAPACITY IN 2020
247
9,899
10,106
DEMAND 2020-2025
314
163
477
CAPACITY IN 2025
0
9,044
7,721
DEMAND 2025-2030
371
193
564
CAPACITY IN 2030
0
8,079
4,901
DEMAND 2030-2035
374
194
568
CAPACITY IN 2035
0
7,109
2,061
DEMAND 2035-2040
363
188
551
CAPACITY IN 2040
0
6,169
0
DEPLETION YEAR
2020
2040+
2038
Residential capacity is expressed in terns of housing units.
Housing demand is an annual average figure based on population projections.
Source: Miami -Dade Department of Regulatory and Economic Resources, Planning Division, Planning Research
and Economic Analysis Section, December 2019.
The applicant is requesting a change from "Estate Density Residential" to "Business and Office."
If approved, with acceptance of the proffered Declaration of Restrictions, the application would
not have a significant impact on the supply of residential units. Ovefall, it would remove one single-
family unit from the residential supply, which would not have an impact on the depletion year for
this MSA.
Commercial
The Analysis Area for Application CDMP20190026 (MSA 5.2) contained 570.90 acres of in -use
commercial uses in 2019 and an additional 16.5 acres of vacant land zoned or designated for
business uses. The annual average absorption rate for the 2019-2040 period is 1.83 acres per
year. At the projected rate of absorption, the study area will deplete its supply of commercially
zoned land beyond the year 2028 (see "Projected Absorption of Land for Commercial Uses" table
below). The application is 0.70 net acres that includes a single-family residence and accessory
dwelling unit. If the application was approved, it would add a little over four month's worth of
commercial land supply to MSA 5.3.
Projected Absorption of Land for Commercial Uses
Indicated Year of Depletion and Related Data
Application 3 Analvsis Area
Annual
Analysis Vacant
Absorption
Area Commercial
Commercial
Rate
Projected
Total Commercial Acres
Land 2019
Acres in
2019-2040
Year of
per Thousand Persons
(Acres)
Use 2019
(Acres)
Depletion
2030 2040
MSA 6.2 16.6
570.90
1.83
2028
3.8 3.5
Source: Miami -Dade County, Regulatory and Economic Resources Department, Planning Division, Planning
Research and Economic Analysis Section, December 2019.
W
October 2019 Cycle 14 Application No. CDMP2190026
Trade Area Analysis
Application No. CDMP20190026 is a small-scale application. Consequently, an analysis of the
trade area, 1.5 miles around the proposed project, was conducted. The result of the analysis
shows that there are 212.76 acres in existing commercial uses, and 16.22 acres of vacant
privately owned commercially zoned or designated land (See "Trade Area Analysis" table below
and "Trade Area Map" on page 11).
Trade Area Analvsis
Vacant
Trade Commercial Commercial Acres
Application Area Land (Acres) in Use 2019
Radius
3 1.5 16.22 212.76
Source: Miami -Dade Department of Regulatory and Economic Resources,
Planning Division, Research Section, December 2019.
Historic Preservation
The Miami -Dade County Office of Historic Preservation (OHP) reviewed the subject application
and offers the following comments. OHP requires the applicant to fill out and submit Florida Master
Site File Historical Structure Forms prior to demolition of any structures located within the
application area that meet the 50-year benchmark for historic resource eligibility. OHP identified
potentially eligible 1945 structure(s) associated with the following folio number: 30-4026-010-
0100.
Environmental Conditions
The following information pertains to environmental conditions of the application site. All YES
entries are further described below.
Flood Protection
FEMA Flood Zone X
Stormwater Management Permit DERM Surface Water Management Permit Required
County Flood Criteria, National Geodetic 6.8 feet
Vertical Datum (NGVD)
Biological Conditions
Wetlands Permit Required
Native Wetland Communities
Specimen Trees
Endangered Species Habitat
Natural Forest Community
Other Considerations
Within Wellfield Protection Area
Contaminated Site
No
No
Yes
No DERM records
No
No
No
Environmental Monitorinq and Restoration
DERM has no records of current contamination issues on the subject site.
Natural Resources
The subject property contains tree resources, including specimen trees (trees with a trunk
diameter at breast height of 18 inches or greater). Specimen trees are protected by Section 24- 33
October 2019 Cycle 15 Application No. CDMP2190026
49.2(II) of the Code, the Miami -Dade County Landscaping Ordinance (Chapter 18A of the Code)
and CON-8A of the CDMP. A Miami -Dade County Tree Permit is required prior to the removal
and/or relocation of any tree that is subject to the tree preservation and protection provisions of
the Code. Site plan development must be consistent with the requirements to preserve specimen
trees except in cases where DERM has determined that a specimen tree cannot be preserved
pursuant to 24-49.2(4)(II)(2) of the Code. The approval of this land use application shall not be
construed as an approval to remove specimen trees due to a determination of unreasonable loss
of usable space pursuant to Section 24-49.2(4)(II)(2)(b) of the Code.
In accordance with Section 24-49.9 of the Code and CON-81 of the CDMP, all plants prohibited
by Miami -Dade County shall be removed from the property prior to development or redevelopment
Developed parcels shall be maintained to prevent the growth or accumulation of prohibited
species.
Endangered ed Species
The subject property and adjacent properties are not located within a federally designated critical
habitat area. DERM is not aware of any documented threatened or endangered species on this
or adjacent properties.
Drainage and Flood Protection
For any new development within the subject property, storm water drainage systems are required
to provide flood protection and storm water quality treatment. Miami -Dade County has been
delegated the authority to issue Surface Water Management General Permits on behalf of the
South Florida Water Management District (SFWMD) for developments that propose more than 2
acres of impervious surface.
The subject property is not located within a Special Flood Hazard Area. The county flood criterion
is at elevation +6.80 feet N.G.V.D. Any development will have to comply with the requirements of
Chapter 11 C of the Code for flood protection.
For compliance with stormwater quality requirements, all stormwater shall be retained on site
utilizing properly designed seepage or infiltration drainage system. Drainage must be provided for
the 5-year/1-day storm event.
For compliance with stormwater quantity requirements designed to prevent flooding of adjacent
properties, the site grading and development shall provide for the full on -site retention of the 25-
year/3-day storm event and shall also comply with the requirements of Chapter 11 C of the Code
and all State and Federal Criteria.
Water Management
The proposed amendment may alter the amount of impervious surface and thus impact
groundwater recharge. DERM will evaluate future development orders to ensure that the overall
development will not create adverse impacts to the Stormwater Management Level of Service
Standard contained in Policy 5A of the Conservation, Aquifer Recharge and Drainage Element.
Water and Sewer
Potable Water Supply
The subject property is located within the Miami -Dade County Water & Sewer Department service
area. The water supply for this application would be provided by the Alexander -Orr Water
Treatment Plant. Currently there is adequate treatment and water supply capacity for the
proposed project, consistent with Policy WS-2A (1) of the CDMP.
34
October 2019 Cycle 16 Application No. CDMP2190026
An existing 16-inch water main abutting the eastern boundary of the site, along SW 67t' Avenue,
could provide a connection point for water service. Any public water main extension within the
property shall be 8-inch minimum diameter in low and medium density residential areas and 12-
inch minimum diameter in commercial areas.
Water Demand/Sewer Flow Analysis
As noted in the "Estimated Water Demand/Sewer Flow for Proposed Development by Land Use
Scenario' table below, the maximum water demand under the current CDMP Land Use
designation of Estate Density Residential is estimated to be 210 gallons per day (gpd), as shown
under Scenario 1. The maximum water demand under the requested CDMP Land Use
Designation of Business and Office would be 1,213 gpd for retail development, as shown under
Scenario 3. Therefore, the proposed land use change represents a potential increase of
approximately 1000 gpd for water and sewer service over the projected maximum demand of 210
gpd under the current CDMP land use designation.
Estimated Water Demand/Sewer Flow
For Proposed Development by Land Use Scenario
Quantity
Water Demand
Scenario
Use
(Units or Square
Multiplier (Section
Projected Water
(Maximum Allowed)
Feet)
24-43.1 Miami-
Demand (gpd)
Dade Code
Current CDMP Potential —"Estate Density Residential"
1
Single Family
1 unit
210 gpd/unit
210 gpd
Requested CDMP Designation — "Business and Office"
2
Single Family
4 units
210 gpd/unit
840 gpd
OR
3
Retail
12,134 sq. ft.
10 gpd/100 sq. ft.
1,213 gpd
Source: Miami -Dade Water and Sewer Department; Department of Regulatory and Economic Resources,
Planning Division; December 2019
Sewer Treatment Plant Caaacity
The wastewater flows for this application would be transmitted to the Central District Wastewater
Treatment Plan for treatment and disposal. Currently, there is sufficient capacity at this facility to
treat the estimated sewage flow generated by the .proposed development, consistent with the
Sanitary Sewer Level of Service Standard outlined in Policy WS-2A (2) of the CDMP.
Sewer System Connectivity
The existing facility on the property is on septic. There is no sanitary gravity sewer system in close
proximity to this project. There is a 4-inch sanitary sewer force main located approximately 500
feet away from the application site on S.W. 56t' street that may be available for connection for the
retail development only, subject to approval by WASD's Development Committee. A private pump
station will be required. Per WASD's Rules and Regulations, single family residential development
is not allowed on a private pump station. Residential development (single family units) would have
to be served by a septic tank and drain field as a means for the disposal of domestic liquid waste.
Pursuant to Section 24-43.1(3) of the Code, the minimum lot size for a single-family residence
served by public water and a septic tank shall be 15,000 square feet.
35
October 2019 Cycle 17 Application No. CDMP2190026
4
Solid Waste
The Miami -Dade County Department of Solid Waste Management (DSWM) oversees the proper
collection and disposal of solid waste generated in the County through direct operations,
contractual arrangements, and regulations. In addition, the Department directs the countywide
effort to comply with State regulations concerning recycling, household chemical waste
management and the closure and maintenance of solid waste sites no longer in use.
Level of Service Standard
CDMP Policy SW 2A establishes the adopted Level of Service (LOS) standard for the County's
Solid Waste Management System. This CDMP policy requires the County to maintain sufficient
waste disposal capacity to accommodate waste flows committed to the System through long-term
contracts or interlocal agreements with municipalities and private waste haulers, and anticipated
uncommitted waste flows, for a period of five years. The DSWM assesses the solid waste capacity
on a system -wide basis since it is not practical or necessary to make a determination concerning
the adequacy of solid waste disposal capacity relative to individual applications. As of FY 2019-
2020, the DSWM is in compliance with the Countywide Waste Management System's adopted
LOS standard.
Application Impacts
The application site currently has a single-family home, serviced by the DSWM. The redesignation
of the application site will allow for commercial uses to serve the surrounding residential
community while providing retail services to its residents. The commercial establishment waste
collection and recycling services would, therefore, most likely be provided by a private hauler.
The requested amendment will have no substantial impact or associated costs relative to Solid
Waste Collection and Disposal services and facilities; therefore, the DSWM has no objection to
the proposed changes.
Parks
Level of Service Standard
CDMP Policy ROS-2A establishes the adopted minimum Level of Service (LOS) standard for the
provision of recreation open space in the Miami -Dade County. This CDMP policy requires the
County to provide a minimum of 2.75 acres of local recreation open space per 1,000 permanent
residents in the unincorporated areas of the County and a County -provided, or an annexed or
incorporated, local recreation open space of five acres or larger within a three-mile distance from
residential development. The acreage/population measure of the LOS standard is calculated for
each Park Benefit District. A Park Benefit District is considered below LOS standard if the
projected deficiency of local recreation open space is greater than five acres. Currently, PBD-2
has a surplus capacity of 425.96 acres of parkland, when measured by the County's concurrency
LOS standard of 2.75 acres of local recreation open space per 1,000 permanent residents.
The "County Local Parks" table below lists the parks within a 3-mile radius of the application site;
several parks are larger than the required minimum provision of five -acres of local recreational
open space.
36
October 2019 Cycle 18 Application No. CDMP2190026
Park Name
Address
Acreage
Classification
A.D. Barnes Park
3401 SW 72 Avenue
60.93
Community Park
Banyan Drive Park
SW 56 Ct./Ban an Dr.
1.12Mini-Park
Banyan Park
SW 30 St./SW 87 Ave.
3.09
Neiahborhood Park
Blue Lakes Park
4225 SW 92 Ave.
6.4
Neighborhood Park
Brothers to the Rescue
2420 SW 72 Ave.
6.75
Sinale-pumose Park
Coral Villas Park
6398 SW 35 St.
0.36
Hammock Lake Park
SW 88 St./SW 52 Ave.
0.14
Humble Mini Park
7850 SW 39 Terr.
0.48
Mini -Park
Miller Drive Park
5510 SW 94 Ct.
3.93
Community Park
Modera Colonnade Park
8200 SW 72 Ave.
0.89
Neighborhood park
Schenley Park
2750 SW 57 Ave,
1.68
Neighborhood Park
Sudlow Park
7281 SW 72 St.
0.94
Mini -Park
Sunkist Park
8401 SW 64 St.
0.57
Neighborhood
Source: Miami -Dade County Parks, Recreation and Open Space Department, January 2020.
Application Impacts
The potential development of the site under the existing CDMP land use designation is estimated
at 1 single-family dwelling unit, with a potential population of up to 3 persons, resulting in an
Impact of 0.00825 acres based on the Level of Service standard for the provision of local
recreational open space.
Under the requested "Business and Office" designation, the potential for residential development
under the proposed land use designation is estimated at 4 single-family detached dwelling units
with an estimated population up to 11 persons. The concurrency analysis for this scenario results
in an impact of 0.011 acres based on the minimum Level of Service standard for the provision of
local recreation open space and therefore meets concurrency.
Fire and Rescue Service
The application area is currently served by Miami -Dade Fire Rescue Station No.14 (South Miami)
located at 5860 SW 70 Street. The station is equipped with a Rescue, Engine and Battalion Chief
totaling eight (8) firefighter/paramedics, 24 hours a day, seven days a week. Average travel time
to incidents in the vicinity of the subject application is approximately 7:00 minutes. Performance
objectives of national industry standards require the assembly of 15-17 firefighters on -scene
within 8 minutes at 90% of all incidents. Travel time to the vicinity of the subject application
complies with the performance objective of national industry.
Level of Service Standard for Fire Flow and Application Impacts
CDMP Policy WS-2A establishes the County's minimum Level of Service standard for potable
water. This CDMP policy requires the County to deliver water at a pressure no less than 20
pounds per square inch (psi) and no greater than 100 psi, unless otherwise approved by the
Miami -Dade Fire Rescue Department (MDFR). A minimum fire flow of 3,000 gallons per minute
(GPM) is required for the proposed land use. Fire hydrants shall be spaced a minimum of 300
feet apart and shall deliver not less than 1,000 GPM. Presently, there are no fire flow deficiencies
in the vicinity of the application.
The current "Estate Density Residential" will allow a potential development which will generate
one (1) annual alarm. The proposed "Business & Office" designation will allow a potential
development which is anticipated to generate four (4) annual alarms. The four (4) annual alarms
will result in a minimal impact to existing fire rescue service. Presently, fire and rescue service in
the vicinity of the subject application is adequate.
37
October 2019 Cycle 19 Application No. CDMP2190026
Police
Current data of police staffing, population, and crimes/calls for service by the Miami -Dade Police
Department was examined to project any increase in calls for service. The Miami -Dade Police
Department determined that existing staffing should accommodate any slight increase in the
volume of calls for service, and that should demand for police services increase beyond current
levels, additional sworn personnel, support staff, and equipment may be required. At this time,
the Miami -Dade Police Department does not have any further comments regarding the proposed
project; specific comments will be provided during the permitting process as needed.
Public Schools
Level of Service Standard
The adopted Level of Service (LOS) standard for all public schools in Miami -Dade County is 100%
utilization of Florida Inventory of School Houses (FISH) capacity with relocatable classrooms
(CDMP Policy EDU-2A). This LOS standard, except for magnet schools, shall be applicable in
each public school concurrency service area (CSA), defined as the public school attendance
boundary established by Miami -Dade County Public Schools.
Section 9.4(a) of the Interlocal Agreement (ILA) provides for exemptions and vested development
for public school concurrency, namely for "developments that result in a total impact of less than
one(a) student in any level or type of school." The analysis for the requested "Business and Office"
land use designation for a residential scenario utilizing the student generation multipliers results
in an impact of 0 (zero) students (see "Appendix B Miami -Dade County Public Schools Analysis
on Appendices page 21). Therefore, in accordance with ILA, the application is exempt from public
school concurrency.
Roadways
The application site is a t0.7-acre property located about 140 feet south of the southwest corner
of SW 56 Street/Miller Drive and SW 67 Avenue/Ludlam Road in unincorporated Miami -Dade
County. The subject application site is inside the County's Urban Infill Area (UTA), the County's
designated Transportation Concurrency Exception Area (TCEA). The Concurrency Management
Program in the Capital Improvement Element (CIE) of the CDMP states that "A proposed
development located within the Urban Infill Area will not be denied a concurrency approval for
transportation facilities provided that the development is otherwise consistent with the adopted
Comprehensive Development Master Plan..." (CIE page IX-17).
The property can be accessed from SW 67 Avenue/Ludlam Road which is a two-lane undivided
roadway. Just to the north of the site is SW 56 Street/Miller Drive which is a four -lane divided
roadway to the west of SW 67 Avenue and a two-lane undivided roadway to the east of SW 67
Avenue; having an interchange with SR 826/Palmetto Expressway about 1 mile to the west. To
the east of the project site, SW 56 Street provides connectivity to University of Miami, University
Station on the Metrorail line, and US-1; all are about 1.5 miles from the application site. SR
826/Palmetto Expressway and US-1 would provide connectivity to other regions in the County.
Traffic conditions are evaluated by the level of service (LOS), which is represented by one of the
letters "A" through "F", with A generally representing the most favorable driving conditions and F
representing the least favorable.
Existing Conditions
Existing traffic conditions on major roadways adjacent to and in the vicinity of the application site,
which are currently monitored by the State (Year 2019) and the County (Year 2019), are operating 38
at acceptable levels of service except for SW 56 Street/Miller Drive, which is operating at LOS'F'
October 2019 Cycle 20 Application No. CDMP2190026
but the adopted LOS is 'E'. See "Traffic Impact Analysis on Roadways Serving the Amendment
Site" table below.
Trip Generation
The maximum development potential scenarios under each of the existing and requested CDMP
Land Use Plan designations were analyzed for traffic impacts. Under the current CDMP land use
designation of "Estate Density Residential" the application site is assumed to be developed with
1 single-family home and under the requested CDMP land use designation of "Business and
Office" the application site can be developed with 12,134 sq. ft. of retail uses. The potential
development under the current CDMP land use designation of "Estate Density Residential" is
expected to generate approximately 1 PM peak hour trip and under the requested CDMP land
use designation of "Business and Office" it is expected to generate approximately 75 PM peak
hour trips or approximately 74 more PM peak hour trips than the current CDM P designation. See
"Estimated PM Peak Hour Trip Generation" table below.
Estimated PM Peak Hour Trip Generation
By Current and Requested CDMP Land Use Designations
Current CDMP Designation Requested CDMP
Estimated Trip Difference
Application and Assumed Use Designation and
Between Current and
No. 3 Estimated No. Of Trips Assumed Use
Requested CDMP Land
Estimated No. Of Trips
Use Designation
Land Use
Maximum
Development
Potential
Gross Trips
Generated
Pass -By Trips4
"Estate Density Residential
(1 - 2.5 du/ac)"
1 single-family home'
"Business and Office"
12,134 sq. ft.
retail uses
114
39
Net Trips Generated 1 75 +74
Source: Institute of Transportation Engineers, Trip Generation, 9th Edition, 2012; Miami -Dade County Department
of Regulatory and Economic Resources, February 2017.
Notes:
' — ITE Land Use Code used for Single -Family is 210.
2 — ITE Land Use Code used for Retail is 820.
4 — Percentage of Pass -By Trips for Retail is 34% per ITE Trip Generation Handbook 2Rd Edition.
Traffic Short Term Evaluation (Concurrence)
An evaluation of peak -period traffic conditions was conducted as of December 2019, which
considers reserved trips from approved development not yet constructed, programmed roadway
capacity improvements listed in the first three years of the County's adopted 2019 Transportation
Improvement Program (TIP), and the PM peak hour trips estimated to be generated by the
proposed development scenario assumed to be developed under the requested CDMP LUP map
designation. This evaluation determined that one roadway monitored for concurrency adjacent to 39
and in the vicinity of the application site is currently operating below the adopted LOS and the
October 2019 Cycle 21 Application No. CDMP2190026
additional traffic impacts that would be generated by this application would further deteriorate the
LOS of this roadway. The "Traffic Impact Analysis of Roadways Serving the Amendment Site
Under the Requested CDMP Designation" table below shows that one roadway is projected to
operate below the County's adopted level of service standards.
1. SW 56 Street/Miller Drive west of NW57 Avenue is operating at LOS 'F' but the adopted
LOS is 'E'.
The one roadway that is failing to meet the County's LOS standards is not significantly impacted
by the project traffic, as the percentage traffic impact is less than five percent. Also, the subject
application site is inside the County's Urban Infill Area (UTA), the County's designated
Transportation Concurrency Exception Area (TCEA), hence it is exempt from traffic concurrency.
40
October 2019 Cycle 22 Application No. CDMP2190026
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Application Impact
The maximum development potential scenarios under each the existing and requested CDMP
Land Use Plan designations were analyzed for traffic impacts. Under the current CDMP land use
designation of "Estate Density Residential" the application site can be developed with 1 single-
family home and under the requested CDMP land use designation of "Business and Office" the
application site can be developed with 12,134 sq. ft. of retail uses. The existing development
potential of 1 single-family home is expected to generate approximately 1 PM peak hour trip and
the proposed development potential of 12,134 sq. ft. of retail uses is expected to generate
approximately 75 PM peak hour trips or approximately 74 more PM peak hour trips than the
current development potential allowed in the CDMP.
The concurrency analysis determined that one roadway is projected to operate below the
County's adopted level of service standards. The failing roadway is currently operating below the
acceptable level of service even without the project trips and the impact from the project is not
significant since it is less than 5%D of adopted LOS of the roadway. Also, this project is within the
County's Urban Infill Area (UTA), the County's designated Transportation Concurrency Exception
Area (TCEA), hence it is exempt from Transportation Concurrency.
Applicant's Traffic Study
The applicant's transportation consultant, Langan Engineering and Environmental Services, Inc.,
prepared the CDMP Amendment Traffic Impact Study dated October 21, 2019. The Traffic Study
analyzes the existing, short term and long term traffic impacts that the proposed project will have
on the roadways adjacent to and in the vicinity of the application site. A copy of the Traffic Study's
Executive Summary is included in Appendix C. The complete Traffic Study is available online at
the Department's website at
2aa200c45b9b. Currently there is one single family home on the site. The maximum development
potential for the existing land use is two single-family units. The maximum development potential
for the requested land use is 12,134 sq. ft. retail uses.
-he trip generation analysis for the existing and proposed land use is shown in Table 2 of the
traffic study. The trip generation for the existing development potential would be 2 PM Peak Hour
trips. The trip generation from the proposed development potential would be 75 PM Peak Hour
trips or approximately 73 more PM peak hour trips than the current CDMP designation. See
applicant's Table 2 below for trip generation analysis.
Table 2- Trip Gannerion Estim wI
lIM
she
UanT
Weekda Mnrnln Peak N"u,
Weekd
Attem"on
Peak
In
Otrt
TOW
In
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F"Aarw Law Use Dargvran Mrs Eaatmq Use
Apposes UM Wa pes�pun"n bas C'unenr La"e Use CesgrwOn
The site is located on Traffic Analysis Zone (TAZ) 1018, the cardinal trip distribution for this TAZ
was obtained from the MPO's 2040 Cost Feasible Plan. The Miami -Dade TPO publishes trip
distribution data for the years 2010 and 2040 for each TAZ within Miami -Dade County, this data 42
October 2019 Cycle 24 Application No. CDMP2190026
is interpolated to get the 2022 trip distribution for the concurrency analysis. Using the cardinal
distribution, the project traffic was distributed on the surrounding roadway network. See
applicant's Table 3 below for trip distribution analysis.
Table 3 - Cardinal Distribution
[Year
NNE
ENE
ESE
SSE
SSW
WSW
I WNW
I NNW
2010
2040
18.10%
13.00%
10.70%
12.60%
6.50%
6.80%
5.30%
10.30%
18.60%
21.30%
12.60%
10.10%
8.10%
7.30%
20.10%
18.60%
2022
16.06%
11.46%
6.62%
7.30%
19.68%
11.60%
7.789/6
19.50%
The applicant's traffic study reviewed the existing traffic conditions on the surrounding roadway
network using the County's and FDOT's 2019 traffic count data. Four surrounding roadway
segments were analyzed for afternoon peak hour capacity conditions and it was determined that
two roadways are not functioning at an acceptable level of service. See the applicant's Table 1
below for the existing roadway condition analysis.
Table 1 - Existing Afternoon Peak -Hour Roadway Capacity Analysis Summary
Number
Adopted
LOS
Existing
Existing
Meets
Roadway
From
To
of Lanes
LOS
C
Volume
LOS
Capacity
SW 40
SW 56
2 L
E
1,269
1,344
F
NO
SW 67
Street
Street
Avenue
SW 56
SW 72
2 L
E
1,269
859
D
YES
Street
Street
SW 57
1 SW 67
4 L
D
1,269
1,349
F
NO
SW 56
Avenue
Avenue
Street
SW 67
SR-826
4 L
E
3,222
2,563
C
YES
Avenue
1. Adopted LOS and Capacity from FDOT 2012 Quality / LOS Handbook & County Traffic Concurrency Database
The applicant's traffic study included a 2022 short term concurrency analysis, which included
reserved trips from approved development not yet constructed, programmed roadway capacity
improvements listed in the first three years of the County's adopted 2019 Transportation
Improvement Program (TIP), and the PM peak hour trips estimated to be generated by the
proposed development. The concurrency analysis determined that two roadways impacted by the
proposed development are projected to operate below the County's adopted level of service
standards. The failing roadways are currently operating below the acceptable level of service
even without the project trips and the impact from the project is not significant since it is less than
5% of adopted LOS of the roadways. See the applicant's Table 4 below for the short-term
concurrency analysis.
43
October 2019 Cycle 25 Application No. CDMP2190026
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26 Application No. CDMP2190026
AI
The applicant's traffic study also included a 2040 Long Term analysis to determine the future long-
term traffic impacts on the surrounding roadways. The 2040 traffic volumes were obtained from
the Southeast Florida Regional Planning Model (SERPM7) and the project trips were added to
the model volumes to determine the impact on the surrounding roadway segments. The long-term
analysis reviewed the traffic impact on four roadway segments surrounding the project. The
results indicate that three roadway segments are expected to operate below the County's adopted
levels of service. The three roadway segments are failing in the long term even without the project
traffic. Also, the project traffic impact is not significant since it is less than 5% of adopted LOS of
the impacted roadways. See the applicant's Table 6 above for the 2040 Long Term analysis.
The applicant's traffic study assessed the impacts of the proposed CDMP amendment on the
roadway segments surrounding the application site. The traffic analysis was prepared for existing
traffic conditions, short-term concurrency (year 2022) and long-term (year 2040) traffic impacts.
The results indicate that even though some roadways would be operating below the County's
adopted LOS for existing, short-term and for long-term traffic conditions, the project traffic impact
would not be significant and project site is within the County's Urban Infill Area (UTA), the County's
designated Transportation Concurrency Exception Area (TCEA), hence it is exempt from
Transportation Concurrency. Hence, staff agrees with the conclusions of the traffic study.
Transit
Existing Service
The application site is served by Metrobus Routes 56 and 73. There is a Metrobus stop located
on the application site and fronting SW 67 Avenue, and a bus stop to the northwest located ±98
feet west of the comer of Miller Drive and SW 67 Avenue. The service frequency of these routes
are shown in the "Metrobus Route Service Summary" table below.
Metrobus Route Service Summa
Service Headways (in minutes)
Routes Peak Off -Peak Evenings Saturday Sunday Type of Service
(AM/PM) (middays) (after 8 pm)
56 60 60 n/a n/a 60 OF
73 30 40 60 60 60 OF
Source: 2020-2029 Transit Development Plan, Miami -Dade Transit (December 2018 Line Up), January 2020
Notes: L means Metrobus local route service; F means Metrobus feeder service to Metrorail.
Recent Service Improvements
The 2020-2029 Transit Development Plan (TDP) states the service for Route 56 had the peak
service headways increased from 40 to 60 minutes, and the operating time span has been
reduced to 6:00 AM to 6:00 PM. The service for Route 73 was extended in 2018 to provide service
to the Miami Gardens Drive Park and Ride.
Future Transportation/Transit Needs and Planned Improvements
The 2020-2029 TDP reflects the unfunded need for an enhanced bus service along Miller Drive,
which will provide limited bus service from the University Metrorail Station to the proposed
Tamiami Station, a funded Park and Ride facility located at SW 8 Street and SW 147 Avenue to
be built by 2021.
The application site is approximately 0.30 miles from the Ludlam Trail, as identified in the 2020-
2025 Transportation Improvement Program. The Ludlam Trail corridor proposes the
45
October 2019 Cycle 27 Application No. CDMP2190026
redevelopment of the abandoned railway corridor to an urban corridor with the potential for new
housing, supportive community features, bicycle and pedestrian mobility options, and a unique
greenway trail that provides direct access to local parks, schools, employment and transit service.
Upon the Miami -Dade Transit Division, Department of Transportation and Public Works (DTPW)
review for mass transit concurrency, the application is found to meet the adopted mass transit
level -of -service standard contained in CDMP Policy MT-1 A. Therefore, DTPW has no objections
to this application.
Aviation
Miami -Dade County Aviation Department (MDAD) does not object to the proposed CDMP
amendment provided that all uses comply with federal, state and local aviation regulations,
including Chapter 33, Zoning, of the Code of Miami -Dade County as it pertains to airport zoning.
Consistency Review with CDMP Goals, Objectives, Policies, Concepts and Guidelines
The proposed application will impede and not further the following goals, objectives, policies,
concepts and guidelines of the CDMP:
LU-1. The location and configuration of Miami -Dade County's urban growth through the year
2030 shall emphasize concentration and intensification of development around
centers of activity, development of well -designed communities containing a variety of
uses, housing types and public services, renewal and rehabilitation of blighted areas,
and contiguous urban expansion when warranted, rather than sprawl.
LU-1 C. Miami -Dade County shall give priority to infill development on vacant sites in currently
urbanized areas, and redevelopment of substandard or underdeveloped
environmentally suitable urban areas contiguous to existing urban development where
all necessary urban services and facilities are projected to have capacity to
accommodate additional demand.
LU-1 G. Business developments shall preferably be placed in clusters or nodes in the vicinity
of major roadway intersections, and not in continuous strips or as isolated spots, with
the exception of small neighborhood nodes. Business developments shall be designed
to relate to adjacent development, and large uses should be planned and designed to
serve as an anchor for adjoining smaller businesses or the adjacent business district.
Granting of commercial or other non-residential zoning by the County is not
necessarily warranted on a given property by virtue of nearby or adjacent roadway
construction or expansion, or by its location at the intersection of two roadways.
LU-4A. When evaluating compatibility among proximate land uses, the County shall consider
such factors as noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic,
parking, height, bulk, scale of architectural elements, landscaping, hours of operation,
buffering, and safety, as applicable.
LU-4B. Uses designated on the LUP map and interpretive text, which generate or cause to
generate significant noise, dust, odor, vibration, or truck or rail traffic shall be protected
from damaging encroachment by future approval of new incompatible uses such as
residential uses.
October 2019 Cycle 28 Application No. CDMP2190026
LU-4C. Residential neighborhoods shall be protected from intrusion by uses that would disrupt
or degrade the health, safety, tranquility, character, and overall welfare of the
neighborhood by creating such impacts as excessive density, noise, light, glare, odor,
vibration, dust or traffic.
Objective LU-6 Miami -Dade County shall protect, preserve, ensure the proper management, and
promote public awareness of historical, architectural, cultural and archaeologically
significant sites and districts in Miami -Dade County, and shall continue to seek the
addition of new listings to the National Register, and increase the number of locally
designated historical and archeological sites, districts and zones.
LU-6A. Miami -Dade County shall continue to identify, seek appropriate designation, and
protect properties of historic, architectural, cultural and archaeological significance.
CON-8A. Specimen trees and Natural Forest Communities in Miami -Dade County shall be
protected through the maintenance and enforcement of the County's Tree and Forest
Protection and Landscape Code, as may be amended from time to time. The County's
Natural Forest Inventory shall be revised periodically to reflect current Natural Forest
Community conditions. A Natural Forest Community shall not be removed from the
inventory unless its quality and resource values have been degraded to the point
where it cannot be restored.
CON-8M. Miami -Dade County shall seek to increase the percentage of tree canopy from the
present level of 10% to the national average of 30% by 2020 through the
implementation and/or enforcement of. Adopt -A -Tree and other programs; landscape
and tree protection ordinance changes to further increase canopy; and, other
mechanisms as feasible and appropriate.
47
October 2019 Cycle 29 Application No. CDMP2190026
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48
October 2019 Cycle 30 Application No. CDMP2190026
APPENDICES
Appendix A:
Amendment Application ..................................................
Appendix B:
Miami -Dade County Public Schools Analysis .......................
Appendix C:
Applicant's Transportation Analysis (Executive Summary)......
Appendix D:
Applicant's Proffered Declaration of Restrictions (dated
February 14, 2020).........................................................
Appendix E:
Fiscal Impact Analysis ....................................................
Appendix F:
Photos of Site and Surroundings ......................................
'Excerpted pages are enclosed herein. The complete report is accessible on the
Economic Resources website at: https:l/ener-gov.miamidade.gov/EnerGov Prod/:
450-9730-145c43a7c486 or at: https://www.miamidade.gov/planninq/cdmp-amendm(
Appendices
Page
3
19
23
27
35
41
of Regulatory and
EK
October 2019 Cycle Appendices Page 1 Application No. CDMP20190026
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October 2019 Cycle Appendices Page 2 Application No. CDMP20190026
APPENDIX A
Amendment Application
51
October 2019 Cycle Appendices Page 3 Application No. CDMP20190026
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52
October 2019 Cycle Appendices Page 4 Application No. CDMP20190026
APPLICATION TO AMEND THE
LAND USE PLAN MAP OF THE
4ENSIVE DEVELOPMENT MASTER PLAN
1. APPLICANT
RAB Builders LLC
2615 Granada Blvd.
Coral Gables, Florida 33134
305-992-6080
2. APPLICANT'S REPRESENTATIVES
Juan J. Mayol, Jr., Esq. and Gloria M. Velazquez, Esq.
Holland & Knight, LLP
701 Brickell Avenue, Suite 3000
Miami, Florida 33131-2847
(305) 374-8500 (o)
(305) 679-6305 (f)
Gloria M. Velazquez, Esq.
3. DESCRIPTION OF REQUESTED CHANGE
10/14/19
Date
OCT 2 8 2019
NTY
A. Chances to the Land Use Plan Man. Applicant requests changes to the Land Use
Plan (LUP) map designation on the subject property from "Estate Density
Residential" to "Business and Office".
B. Description of the Subject Property (the "Property").
The Property contains approximately f.7 gross/net acres and is located near the
southwest corner of SW 56`^ Street/Miller Drive and SW 67 Avenue/Ludlam Road,
in Section 26, Township 54, Range 40, more particularly described in the sketch
and legal attached to this application.
53
October 2019 Cycle Appendices Page 5 Application No. CDMP20190026
C. Gross and Net Acreage.
Application area: ±.70 gross/net acres
Acreage Owned by.Applicant: f.70 gross/net acres under contract through a joint
venture agreement with Owner.
D. Requested Change.
1. Applicant requests that the Property be re -designated on the Land Use Plan map from
Estate Density Residential" to "Business and Office" on +/- .70 gross acres identified in
Exhibit "A."
2. Applicant requests that this Application be processed as a small scale amendment.
4. REASONS FOR AMENDMENT
The Applicant is requesting the re -designation of the Property from "Estate Density
Residential" to "Business and Office". The Property consists of 4-.70 gross acres (1.70 net acres).
The requested amendment seeks a re -designation of the Property from "Estate Density
Residential" to "Business and Office" on the Future Land Use Map. The proposed amended will
allow for the redevelopment of the Property with commercial uses to serve the abutting residents.
The Property is currently improved with a single family home, however, it is abutting to the north
to an existing 7-Eleven gas station with a convenience store and car wash. Re -designating this
property to Business and Office would be compatible with the existing corner commercial use, and
also with the residential properties to the south. For the reasons cited below, we believe the
proposed amendment is compatible with the neighboring land uses and consistent with the polices
and goals of the Comprehensive Plan.
The Property is comprised of approximately 1.70 gross acres (:00 net acres) and is located
south of the southwest comer of SW 561' Street/Miller Drive and SW 67 Avenue/Ludlam Road
Accordingly, the Property is ideally situated for commercial and retail uses due to its location
along two major thoroughfares with a high volume of vehicular trips. The proposed re -designation
of the Property to "Business and Office" is also consistent with the Guidelines for Urban Form
which provide that "intersections of section line roads shall serve as focal points of activity,
hereafter referred to as activity nodes. When commercial uses are warranted, they should be
located within these activity nodes". The approval of the request conforms with and promotes the
implementation of these Guidelines by providing commercial uses to serve the surrounding
residential community and providing much needed retail services to its residents.
Based on the surrounding development and the existing land uses in the area, we believe
the Property is appropriately located for a commercial use. Additionally, approval of the proposed
request would further the implementation of the following CDMP goals, objectives and policies:
LU-1. The location and configuration of Miami -Dade County's urban growth through the year
2030 shall emphasize concentration and intensification of development around centers of activity,
development of well -designed communities containing a variety of uses, housing types and public
54
October 2019 Cycle Appendices Page 6 Application No. CDMP20190026
services, renewal and rehabilitation of blighted areas, and contiguous urban expansion when
warranted, rather than sprawl.
LU-lC. Miami -Dade County shall give priority to infill development on vacant sites in currently
urbanized areas, and redevelopment of substandard or underdeveloped environmentally suitable
urban areas contiguous to existing urban development where all necessary urban services, and
facilities are projected to have capacity to accommodate additional demand.
LU-1G. Business developments shall preferably be placed in clusters or nodes in the vicinity of
major roadway intersections, and not in continuous strips or as isolated spots, with the exception
of small neighborhood nodes. Business developments shall be designed to relate to adjacent
development, and large uses should be planned and designed to serve as an anchor for adjoining
smaller businesses or the adjacent business district. Granting of commercial or other non-
residential zoning by the County is not necessarily warranted on a given property by virtue of
nearby or adjacent roadway construction or expansion, or by its location at the intersection of two
roadways.
LU-4A. When evaluating compatibility among proximate land uses, the County shall consider
such factors as noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, parking,
height, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety,
as applicable.
LU-4C. Residential neighborhoods shall be protected from intrusion by uses that would disrupt or
degrade the health, safety, tranquility, character, and overall welfare of the neighborhood by
creating such impacts as excessive density, noise, light, glare, odor, vibration, dust or traffic.
LU-813: Distribution of neighborhood or community serving retail sales uses and personal and
professional offices throughout the urban area shall reflect the spatial distribution of the residential
population, among other salient social, economic, and physical considerations.
LU-10A. Miami -Dade County shall facilitate contiguous urban development, infi11, redevelopment
of substandard or underdeveloped urban areas, moderate to high intensity activity centers, mass
transit supportive development, and mixed -use projects to promote energy conservation. To
facilitate and promote such development Miami -Dade County shall orient its public facilities and
infrastructure planning efforts to minimize and reduce deficiencies and establish the service
capacities needed to support such development.
CIE-3. CDMP land use decisions will be made in the context of available fiscal resources such
that scheduling and providing capital facilities for new development will not degrade adopted
service levels.
5. LEGAL DESCRIPTION
Attached as Exhibit "A"
6. ADDITIONAL MATERIALS SUBMITTED
Additional items in support of this application may be submitted at a later date.
55
October 2019 Cycle Appendices Page 7 Application No. CDMP20190026
7. LOCATION MAP FOR APPLICATION
Attached as Exhibit "B"
8. COMPLETE DISCLOSURE OF INTEREST FORM
Attached as Exhibit "C"
Attachments: Legal Descriptions for the Property - Exhibit "A"
Location Map for Application - Exhibit "B"
Disclosure of Interest Form - Exhibit "C"
Aerial Photograph - Exhibit "D"
Traffic Study - Exhibit "E"
Survey - Exhibit "F"
W,
October 2019 Cycle Appendices Page 8 Application No. CDMP20190026
EXHIBIT "A"
LEGAL DESCRIPTION FOR PROPERTY
Lot 10, Block 1, of BEVERLY HILLS, according to the plat thereof as recorded in Plat Book 43, at Page 68, of the
Public Records of Miami —Dade County, Florida.
57
October 2019 Cycle Appendices Page 9 Application No. CDMP20190026
EXHIBIT'B"
LOCATION MAP FOR APPLICATION TO AMEND
THE COMPREHENSIVE DEVELOPMENT MASTER PLAN
APPLICANTS/REPRESENTATIVE
RAB Group LLC / Juan J. Mayol, Jr., Esq. and Gloria M. Velazquez, Esq.
DESCRIPTION OF SUBJECT AREA
The Property contains approximately t.70 gross acres (t.70 net acres) and is located near the
southwest comer of SW 56ih Street/Miller Drive and SW 67 Avenue/Ludlam Road, in Section 26,
Township 54, Range 40, more particularly described in the sketch and legal attached to this
application.
LOCATION MAP
—J
sW Sant st \
MILLER a0
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SW SaIM al \
MILLI 0%
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1
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Application Amin Yellow. .
Applicant does not own Application Area.
1'�70a'
ter,
W.
October 2019 Cycle Appendices Page 10 Application No. CDMP20190026
EXHIBIT "C"
DISCLOSURE OF INTEREST
This form or a facsimile must be filed by all applicants having an ownership interest in any real property
covered by an application to amend the Land Use Plan map. Submit this form with your application.
Attach additional sheets where necessary.
1. APPLICANT (S) NAME AND ADDRESS:
APPLICANT:
RAB Builders LLC
2615 Granada Blvd.
Coral Gables, Florida 33134
Use the above alphabetical designation for applicants in completing Sections 2 and 3, below.
PROPERTY DESCRIPTION: Provide the following information for all properties in the
application area in which the applicant has an interest. Complete information must be
provided for each parcel.
OWNER OF FOLIO SIZE IN
APPLICANT RECORD NUMBER ACRES
RAB Builders LLC All In Investment Group LLC 30 4026-010-0100 +/-.70 gross/net acres
3. For each applicant, check the appropriate column to indicate the nature of the applicant's
interest in the property identified in 2, above.
CONTRACTOR OTHER (Attach
APPLICANT OWNER FOR PURCHASE LESSEE Explanation)
X X through Joint Venture Aercement with Owner
4. DISCLOSURE OF APPLICANT'S INTEREST: Complete all appropriate sections and
Indicate N/A for each section that is not applicable.
a. If the applicant is an individual (natural person) list the applicant and all other
individual owners below and the percentage of interest held by each.
INDIVIDUAUS NAME AND ADDRESS
PERCENTAGE OF INTEREST
59
October 2019 Cycle Appendices Page 11 Application No. CDMP20190026
b. If the applicant is a CORPORATION, list the corporation's name, the name and
address of the principal stockholders and the percentage of stock owned by each.
[Note: where the principal officers or stockholders, consist of another corporation
(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be
required which discloses the identity of the individuals) (natural persons) having
the ultimate ownership interest in the aforementioned entity.]
CORPORATION NAME RAB Builders LLC. a Florida limited liability company
NAME. ADDRESS, AND OFFICE( if applicable) PERCENTAGE OF STOCK
Rolando Benitez
2615 Granada Blvd.
Coral Gables, Florida 33134
100%
C. If the applicant is a TRUSTEE, list the trustee's name, the name and address of the
beneficiaries of the trust, and the percentage of interest held by each. [Note: where
the beneficiary/beneficiaries consist of corporation's), partnership(s), or other similar
entities, further disclosure shall be required which discloses the identity of the
individual (s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
TRUSTEES NAME:
BENEFICIARY'S NAME AND ADDRESS PERCENTAGE OF INTEREST
d. If the applicant is a PARTNERSHIP or LIMITED PARTNERSHIP, list the name of
the partnership, the name and address of the principals of the partnership, including
general and limited partners and the percentage of interest held by each partner.
[Note: where the partner(s) consist of another partnership(s), corporation(s) trust(s)
or other similar entities, further disclosure shall be required which discloses the
identity of the individual(s) (natural persons) having the ultimate ownership interest
in the aforementioned entity].
PARTNERSHIP NAME:
NAME AND ADDRESS OF PARTNERS PERCENTAGE OF INTEREST
A•
October 2019 Cycle Appendices Page 12 Application No. CDMP20190026
e. If the applicant is party to a CONTRACT FOR PURCHASE, whether contingent on
this application or not, and whether a Corporation, Trustee, or Partnership, list the
names of the contract purchasers below, including the principal officers, stockholders,
beneficiaries, or partners. [Note: where the principal officers, stockholders,
benefciaries, or partners consist of another corporation, trust, partnership, or other
similar entities, further disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
NAME AND ADDRESS PERCENTAGE OF INTEREST
Rolando Benitez 100%
2615 Granada Blvd.
Coral Gables, Florida 33134
Date of Joint Venture Agreement June 12, 2019
Many contingency clause or contract terms involve additional parties, list all individuals or officers
If a Corporation, partnership, or trust.
5. DISCLOSURE OF OWNER'S INTEREST: Complete only if an entity other than the
applicant is the owner of record as shown on 2.a., above.
a. If the owner is an individual (natural person) list the applicant and all other individual
owners below and the percentage of interest held by each.
INDIVIDUAL'S NAME AND ADDRESS PERCENTAGE OF INTEREST
If the owner is a CORPORATION, list the corporation's name, the name and
address of the principal stockholders and the percentage of stock owned by each.
[Note: where the principal officers or stockholders consist of another corporation's),
trustee(s) partnership(s) or other similar entities, further disclosure shall be
required which discloses the identity of the individual(s) (natural persons) having
the ultimate ownership interest in the aforementioned entity.]
CORPORATION NAME: All In investment Group LLC, Owner
NAME, ADDRESS AND OFFICE (of applicable) PERCENTAGE OF STOCK
The MUG Revocable Trust
6961 SW 62 Street, Miami Florida 33143
Lizette Vale, as Trustee of the MGG Revocable Trust 100 %
61
October 2019 Cycle Appendices Page 13 Application No. CDMP20190026
If the owner is a TRUSTEE, and list the trustee's name, the name and address of the beneficiaries of
the trust and the percentage of interest held by each. [Note: where the beneflciary/beneficiaries
consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure
shall be required which discloses the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
TRUSTEE'S NAME:
BENEFICIARY'S NAME AND ADDRESS PERCENTAGE OF INTEREST
Lizette Vale, 6961 SW 62 Street, Miami Florida 33143 100 %
C. If the owner is a PARTNERSHIP or LIMITED PARTNERSHIP, list the name of the
partnership, the name and address of the principals of the partnership, including
general and limited partners, and the percentage of interest held by each. [Note:
where the partner(s) consist of another partnership(s), corporation(s) trust(s) or other
similar entities, further disclosure shall be required which discloses the identity of the
Individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
PARTNERSHIP NAME:
NAME AND ADDRESS OF PARTNERS PERCENTAGE OF OWNERSHIP
d. If the owner is party to a CONTRACT FOR PURCHASE, whether contingent on this
application or not, and whether a Corporation, Trustee, or Partnership, list the names
of the contract purchasers below, including the principal officers, stockholders,
beneficiaries, or partners. [Note: where the principal officers, stockholders,
beneficiaries, or partners consist of another corporation, trust, partnership, or other
similar entities, further disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
NAME, ADDRESS AND OFFICE !if applicable) PERCENTAGE OF INTEREST
RAB Builders LLC, a Florida limited liabilfty company
Rolando Benitez 100%
2615 Granada Blvd.
Coral Gables, Florida 33134
Date of Joint Venture Agreement June 12, 2019
62
October 2019 Cycle Appendices Page 14 Application No. CDMP20190026
If any contingency clause or contract terms involve additional parties, list all individuals or officers,
if a corporation, partnership, or trust
For any changes of ownership or changes in contracts for purchase subsequent to the date of the
application, but prior to the date of the final public hearing, a supplemental disclosure of interest
shall be filed.
The above is a full disclosure of all parties of Interest In this application to the best of my knowledge
and behalf.
RAB Builders L
By:
Name: enr �--
Title: h.
Sworn to and subscribed before me
this IS day o10 C T . 2019 M C, salon E36pitMVAo
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OtaryPublic fate of S ri at Large (SEAL) "Bondedthrough National Rotary Assn.
Disclosure shall not be required of any entity, the equity interest in which are regularly traded on an established
securities market in the United States or other country; or pension funds or pension trusts of more than five thousand
(5,000) ownership interests; any entity where ownership interests are held in a partnership, corporation or trust
consisting of more FMGM then five thousand (5,000) separate interests including all interests at each level of
ownership, and no one pension or entity holds more than a total of five (5) percent of the ownership interest in the
partnership, corporation or trust; or of any entity, the ownership interest of which are held in a partnership, corporation
or trust consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of
5% of the ownership interest in the partnership, corporation or trust. Entities whose ownership interests are held in
partnership, corporation, or trust consisting of more than five thousand (5,000) separate interests, including all interests
at every level of ownership, shall only be required to disclose those ownership interest which exceed five (5) percent
of the ownership interest in the partnership, corporation or trust.
63
October 2019 Cycle Appendices Page 15 Application No. CDMP20190026
EXHIBrr "D"
AERIAL PHOTOGRAPH
M.
Dctober 2019 Cycle Appendices Page 16 Application No. CDMP20190026
EXHIBIT °F"
SEE ATTACHED SURVEY
65
October 2019 Cycle Appendices Page 17 Application No. CDMP20190026
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October 2019 aU Appendices Page 18 Application No. CD 9@B0B 2
APPENDIX B
Miami -Dade County Public Schools Analysis
67
October 2019 Cycle Appendices Page 19 Application No. CDMP20190026
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October 2019 Cycle Appendices Page 20 Application No. CDMP20190026
Superintendent of Schools
Alberto M. Carvalho
January 21, 2020
VIA ELECTRONIC MAIL
Mrs. Gloria M. Velazquez
Holland & Knight
701 Bdckell Avenue, Suite 3000
Miami FL 33131
Gloria. Velaza uez(o!h klaw.com
Miami -Dade County School Board
Pena Tabaras Hantman, Chair
Dr. Martin Karp, Vice Chair
Dr Dorothy Bendross-Mindingall
Susie V Castillo
Dr. Lawrence S. Feldman
Dr. Steve Gallon 111
Lubby Navarro
Dr. Marta Perez
Man Tere Rojas
RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS
RAB BUILDERS LLC — CDMP20190026 - LOCATED AT 5620 SW 67 AVENUE
PH3019120500609- FOLIO NO: 3040260100100
Dear Applicant
Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -Dade
County, the above -referenced application was reviewed for compliance with Public School Concurrency.
Accordingly, enclosed please find the School Districts Preliminary Concurrency Analysis (Schools Planning
Level Review).
As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed
development would yield a maximum residential density of 4 residential units which generate 0 students. At
this time, the application has no impact on the public schools in the area. However, a final determination of
Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site
plan or functional equivalent, notwithstanding any additional information that may surface after further
departmental research. As such, this analysis does not constitute a Public School Concurrency approval.
Should you have any questions, please feel free to contact me at 305-995-7287.
Best
Director
IMR:ir
L- 233
Enclosure
cc:
Ms. Nathaly Simon
Mr. Victor Alonso
Miami Dade County
School Concurrency Master File
Planning, Design & Sustainability
Mr. VicrorAlonso, Eco-Sustainability Officer
1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132
305-995-7285. 305-995-4760 (FAX) •Valonso2@dadeschools.net
October 2019 Cycle Appendices Page 21 Application No. CDMP20190026
., Concurrency Management System (CMS)
�'"'" Miami -Dade County Public Schools
Miami -Dade County Public Schools
Concurrency Management System
Preliminary Concurrency Analysis
MDCPS Application Number:
PH3019120500609 Loral Government (LG): Miami -Dade
Date Application Received:
12/5/2019 2:15:14 PM LG Application Number: CDMP20190026
Type of Application:
Public Hearing Sub Type: Land Use
Applicant's Name:
RAS Builders LLC
Address/Location:
701 Brickeil Avenue Suite 3000. Miami FL 33131
Master Folio Number:
3040260100100
Additional Folio Number(s):
PROPOSED # OF UNITS
4
SINGLE-FAMILY DETACHED
4
UNITS:
—
SINGLE-FAMILY ATTACHED
0 0
UNITS:
MULTIFAMILY UNITS:
0
SCHOOLSCONCURRENCY SERVICE AREA
re met
SCHOOLSCapacity
ADJACENT SERVICE AREA
*An Impact reduction of
28.23% Included for charter and magnet schools Schools of Choice .
MCPS has NOT conducted a preliminary public school concurrency review of this application.
1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7285 / concurrency@dadeschools.net
Vito]
October 2019 Cycle Appendices Page 22 Application No. CDMP20190026
APPENDIX C
Applicant's Transportation Analysis (Executive Summary)
71
October 2019 Cycle Appendices Page 23 Application No. CDMP20190026
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72
October 2019 Cycle Appendices Page 24 Application No. CDMP20190026
EXECUTIVE SUMMARY
Langan Engineering and Environmental Services, Inc. was retained by RAB Builders, LLC to
prepare a traffic -impact analysis for the Offices on Ludlam proposed development for a proposed
change to the Miami -Dade County Comprehensive Development Master Plan (CDMP) for a
parcel within the Urban Infill Area (UTA) of Miami -Dade County. The subject property (0.70 net -
acres) on 5620 SW 671h Avenue in unincorporated Miami -Dade County. The property owner
requests a change in the CDMP future land -use designation from "Estate Density" to "Business
and Office".
The traffic analysis shows that the proposed future land -use designation change will not
significantly impact the surrounding roadway network. The maximum potential development
under the current future land -use designation (2 single-family homes) and the proposed future
land -use designation (12,134 square feet of retail uses) will generate 2 and 75 afternoon peak
hour net -new trips, respectively. None of the major roadways will be significantly impacted by
the proposed land -use designation change, but we analyzed the two roadways that will be most
impacted: SW 67" Avenue and SW 56" Street.
We prepared roadway -capacity analyses for the 2022 (short-term) conditions and found that two
roadway segments will operate beyond their adopted Level of Service (LOS) with and without
the proposed land -use designation's impacts. We prepared 2040 (long-term) roadway capacity
analysis and found that three roadway segments are expected to operate beyond their adopted
LOS without the impacts of the proposed land -use designation change in 2040. However, none
of the analyzed roadways will be significantly impacted by the proposed future land -use
designation change. The site is within the Miami -Dade County designated UTA and is exempt
from traffic concurrency requirements. In Miami -Dade County's effort to promote infill
development within the UTA pursuant to Sec. 33G-5 (1) a. of the Miami -Dade County Code, the
proposed development of the property is exempt from traffic concurrency requirements.
73
October 2019 Cycle Appendices Page 25 Application No. CDMP20190026
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74
October 2019 Cycle Appendices Page 26 Application No. CDMP20190026
APPENDIX D
Applicant's Proffered Declaration of Restrictions
(dated February 14, 2020)
75
October 2019 Cycle Appendices Page 27 Application No. CDMP20190026
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76
October 2019 Cycle Appendices Page 28 Application No. CDMP20190026
This instrument was prepared by:
Name: Gloria M. Velazquez, Esq.
Address: Holland & Knight LLP
701 Brickell Avenue
Suite 3000
Miami, Florida 33131
RECEIVED
FEB 1 4 2020
MIAMI•DADE COUNTY
RER PLANNING
DECLARATION OF RESTRICTIONS
(Space reserved for Clerk)
WHEREAS, the undersigned RAB Builders LLC (hereinafter referred to as the "Owner") holds the
fee simple title to the land in Miami -Dade County, Florida, described in Exhibit "A," attached hereto, and
hereinafter called the "Property", which is supported by the Opinion of Title; and
WHEREAS, the Owner has applied for an amendment to the Miami -Dade County
Comprehensive Development Master Plan (the "CDMP") in the October 2019 Cycle and said amendment
is identified as Application No. (the "Application"); and
WHEREAS, the Application seeks to re -designate the Property from "Estate Residential" to
"Business and Office" on the Miami -Dade County Comprehensive Development Master Plan adopted
Land Use Plan ("LUP") map.
NOW, THEREFORE, in order to assure the Miami -Dade County that the representations made by
the owner during consideration of the Application will be abided by, the Owner freely, voluntarily and
without duress makes the following Declaration of Restrictions covering and running with the Property:
(1) Uses. Notwithstanding the approval of the Application, the use shall be limited to office use
(2) Setbacks. Upon rezoning of the Property to permit office uses, the office building shall be setback
on the Property as follows: Fifty (50) feet from the southernmost Property line and one
hundred (100) feet from the westernmost Property line.
(3) Landscape Buffer. Upon rezoning of the Property to permit office uses, the Property shall be
improved to provide a five (5) foot wide landscaped buffer along the southern Property lines (the
"Buffer") as may be acceptable to the Department of Regulatory and Economic Resources at the
time of rezoning. The development of the Property shall also include a minimum six (6) foot high
decorative fence or wall along the southern Property line.
(4) Height. Upon rezoning of the Property to permit office uses, the height of the building shall be
limited to forty (40) feet.
Covenant Runnine with the Land. This Declaration on the part of the Owner shall constitute a covenant
running with the land and may be recorded, at Owner's expense, in the public records of Miami -Dade
County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and
77
October 2019 Cycle Appendices Page 29 Application No. CDMP20190026
AL
their hens, successors and assigns until such time as the same is modified or released. These restrictions
during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real
property and for the benefit of Miami -Dade County and the public welfare. The Owner, and their heirs,
successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or
provide a limitation on the County.
Term, This Declaration is to run with the land and shall be binding on all parties and all persons
claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time
it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed
by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in
part, provided that the Declaration has first been modified or released by Miami -Dade County.
Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended
or released as to the land herein described, or any portion thereof, by a written instrument executed by the
then owner(s) of the Property, provided that the same is also approved by the Board of County
Commissioners of Miami -Dade County, Florida. Any such modification, amendment or release shall be
subject to the provisions governing amendments to Comprehensive Plans, as set forth in Chapter 163, Part
II, Florida Statutes or successor legislation that may, from time to time, govern amendments to
Comprehensive Plans (hereinafter "Chapter 163'). Such modification, amendment or release shall also be
subject to the provisions governing amendments to the CDMP as set forth in Section 2-116.1 of the Code
of 1Vliami-Dade County, or successor regulations governing modifications to the CDMP. In the event that
the Property is incorporated within a new municipality or annexed into an existing municipality, and the
successor municipality amends, modifies, or declines to adopt the provisions of Section 2-116.1 of the
Miami -Dade County Code, then modifications, amendments or releases of this Declaration shall be subject
to Chapter 163 and the provisions of such ordinances as may be adopted by such successor municipality
for the adoption of amendments to its comprehensive plan; or, in the event that the successor municipality
does not adopt such ordinances, subject to Chapter 163 and by the provisions for the adoption of zoning
district boundary changes. It is provided, however, that in the event that the successor municipality approves
a modification or deletion of this Declaration of Restrictions, such modification or deletion shall not be
effective until approved by the Board of County Commissioners, in accordance with applicable procedures.
Should this Declaration be so modified, amended, or released, the Director of the Department of Regulatory
and Economic Resources or the executive officer of a successor department, or, in the absence of such
Director or executive officer, by his or her assistant in charge of the office in his/her absence, shall execute
a written instrument effectuating and acknowledging such modification, amendment, or release.
Enforcement. Enforcement shall be by action against any parties or person violating, or attempting
to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this
78
October 2019 Cycle Appendices Page 30 Application No. CDMP20190026
declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall
be in addition to any other remedies available at law, in equity or both.
County Inspections. As further part of this Declaration, it is hereby understood and agreed that
any official inspector of Miami -Dade County, or its agents duly authorized, may have the privilege at any
time during normal working hours of entering and inspecting the use of the premises to determine whether
or not the requirements of the building and zoning regulations and the conditions herein agreed to are being
complied with.
Authorization for Miami -Dade County (or successor municipality) to Withhold Permits and
Inspections. In the event the terms of this Declaration are not being complied with, in addition to any other
remedies available, the County (or successor municipality) is hereby authorized to withhold any further
permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is
complied with
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election of
remedies, nor shall it preclude the party exercising the same from exercising such other additional rights,
remedies or privileges.
Presumption of Compliance. Where construction has occurred on the Property or any portion
thereof, pursuant to a lawful permit issued by the County (or successor municipality), and inspections made
and approval of occupancy given by the County (or successor municipality), then such construction,
inspection and approval shall create a rebuttable presumption that the buildings or structures thus
constructed comply with the intent and spirit of this Declaration.
Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any
of the other provisions which shall remain in full force and effect. However, if any material portion is
invalidated, the County shall be entitled to revoke any approval predicated upon the invalidated portion
Recordation and Effective Date. This Declaration shall be filed of record in the public records of
Miami Dade County, Florida at the cost of the Owner following the approval of the Application by the
Board of County Commissioners. This Declaration shall become effective immediately upon recordation.
Notwithstanding the previous sentence, if any appeal is filed, and the disposition of such appeal results in
the denial of the Application, in its entirety, then this Declaration shall be null and void and of no further
effect. Upon the disposition of an appeal that results in the denial of the Application, in its entirety, and
upon written request, the Director of the Department of Regulatory and Economic Resources or the
executive officer of the successor of said department, or in the absence of such director or executive officer
79
October 2019 Cycle Appendices Page 31 Application No. CDMP20190026
by his/her assistant in charge of the office in his/her absence, shall forthwith execute a written instrument,
in recordable form, acknowledging that this Declaration is null and void and of no further effect.
Acceptance of Dedaration. The Owner acknowledges that acceptance of this Declaration does
not obligate the County in any manner, nor does it entitle the Owner to a favorable recommendation or
approval of any application, zoning or otherwise, and the Board of County Commissioners retains its full
power and authority to deny each such application in whole or in part and decline to accept any conveyance.
Owner. The term Owner shall include all hens, assigns, and successors in interest
[Execution Pages Follow]
October 2019 Cycle Appendices Page 32 Application No. CDMP20190026
Sworn to and subscribed before me
this
RAB Builders LLC
By:
Name•
Title:
day of , 2020
Notary Public, State of Florida at Large (SEAL)
My Commission Expires:
81
October 2019 Cycle Appendices Page 33 Application No. CDMP20190026
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82
October 2019 Cycle Appendices Page 34 Application No. CDMP20190026
APPENDIX E
Fiscal Impact Analysis
83
October 2019 Cycle Appendices Page 35 Application No. CDMP20190026
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84
October 2019 Cycle Appendices Page 36 Application No. CDMP20190026
Fiscal Impacts
On Infrastructure and Services
On October 23, 2001, the Board of County Commissioners adopted Ordinance No. 01-163
requiring the review procedures for amendments to the Comprehensive Development Master
Plan (CDMP) to include a written evaluation of fiscal impacts for any proposed land use change.
The following is a fiscal evaluation of Application No. CDMP20190026 of the October 2019 Cycle
Applications to amend the CDMP from County departments and agencies responsible for
supplying and maintaining infrastructure and services relevant to the CDMP. The evaluation
estimates the incremental and cumulative costs of the required infrastructure and service, and
the extent to which the costs will be borne by the property owner(s) or will require general taxpayer
support and includes an estimate of that support.
The agencies use various methodologies for their calculations. The agencies rely on a variety of
sources for revenue, such as, property taxes, impact fees, connection fees, user fees, gas taxes,
taxing districts, general fund contribution, federal and state grants, federal funds, etc. Certain
variables, such as property use, location, number of dwelling units, and type of units were
considered by the service agencies in developing their cost estimates.
Solid Waste Services
The adopted level of service standard (LOS) for the County's Department of Solid Waste
Management (DSWM) is as follows: to maintain sufficient waste disposal capacity to
accommodate waste flows committed to the System through long term contracts or intedocal
agreements with municipalities and private waste haulers, and anticipated uncommitted waste
flows, for a period of five (5) years. As of FY 2019-20, DSWM is in compliance with this standard,
meaning that there is adequate disposal capacity to meet projected growth in demand, inclusive
of the application reviewed here, which is not anticipated to have a negative impact on disposal
service.
Residential Collection and Disposal Service
Currently, the household waste collection fee is $464 per residential unit, which also covers costs
for waste disposal, bulky waste pick up, illegal dumping clean-up, trash and recycling center
operations, curbside recycling, home chemical collection centers, and code enforcement. The
current land use designation on the site is "Estate Density Residential" which allows 1 to 2.5
dwelling units per gross acre, and the proposed land use change is to "Business and Office." The
DSWM does not actively compete for multifamily waste collection service at this time. Waste
collection and recycling service would, therefore, most likely be provided by a private hauler. The
requested amendment will have no impact or any associated costs relative to DSWM services
and facilities.
Fiscal Impact — Waste Disposal Capacity and Service
The cost of providing disposal capacity for DSWM customers, municipalities and private haulers is
paid for by System users. In FY 2019-20, the DSWM charges a contract disposal rate of $63.38 per
ton to DSWM Collections and those private haulers and municipalities with long-term disposal
agreements. The short-term disposal rate is $92.84 per ton in FY 2019-20.
These rates adjust annually with the Consumer Price Index, South Region. In addition, the DSWM
charges a Disposal Facility Fee to private haulers equal to 15 percent of their annual gross
receipts, which is used to ensure availability of disposal capacity in the System. Landfill closure,
85
October 2019 Cycle Appendices Page 37 Application No. CDMP20190026
remediation and long-term care are funded by a portion of the Utility Service Fee charged to all
customers of the County's Water and Sewer Department.
Water and Sewer
The Miami -Dade County Water and Sewer Department (WASD) provides for the majority of water
and sewer service needs throughout the County. The cost estimates provided herein are
preliminary and final project costs will vary from these estimates. The final costs for the project
and resulting feasibility will depend on the actual labor and materials costs, competitive market
conditions, final project scope implementation schedule, continuity of personnel and other variable
factors. The water impact fee was calculated at a rate of $1.39 per average daily gallon, and the
wastewater connection charge was calculated at a rate of $5.60 per average daily gallon. The
annual operations and maintenance cost was based on $1.4899 per 1,000 gallons for water and
$2.2725 per 1,000 gallons for sewer.
The applicant requests the redesignation of the application site from "Estate Density Residential"
to °Business and Office." If the application is approved the site could be developed with either
four (4) single-family residences of with 12,134 square feet of retail uses. If the application site is
developed with residential uses, the water connection charge is estimated at $1,168, the water
service line and meter connection fees is estimated at $1,300, and there are no sewer connection
fees as the property is on septic and the sewer force main is only available for the retail scenario.
The annual operating and maintenance costs would cost $457. If the application site is developed
with retail uses, the water connection charge is estimated at $1,687, the water service line and
meter connection fees is estimated at $1,300, the sewer connection charges estimated at $6,795,
and the annual operating and maintenance fees would cost $1,166. In addition, the estimated
cost of installing the required 16 linear feet of 12-inch water main is estimated at $5,824. The total
potential cost for connecting the proposed development to the regional water and sewer system
including an engineering fee of 13% and all the WASD add-ons incorporated into the fee is
estimated at $197,344.
Drainage and Flood Protection
The Miami -Dade County Division of Environmental and Resources Management (DERM) is
responsible for the enforcement of current stormwater management and disposal regulations.
These regulations require that all new development provide full on -site retention of the stormwater
runoff generated by the development. The drainage systems serving new developments are not
allowed to impact existing or proposed public stormwater disposal systems, or to impact adjacent
properties. The County is not responsible for providing flood protection to private properties,
although it is the County's responsibility to ensure and verify that said protection has been
incorporated in the plans for each proposed development. The above noted determinations are
predicated upon the provisions of Chapter 46, Section 4611.1 of the South Florida Building Code;
Section 24-58.3(G) of the Code of Miami -Dade County, Florida; Chapter 40E-40 Florida
Administrative Code, Basis of Review South Florida Water Management District (SFWMD); and
Section D4 Part 2 of the Public Works Manual of Miami -Dade County. All these legal provisions
emphasize the requirement for full on -site retention of stormwater as a post development
condition for all proposed .commercial, industrial, and residential subdivisions.
Additionally, DERM staff notes that new development, within the urbanized area of the County, is
assessed a stormwater utility fee. This fee commensurate with the percentage of impervious area
of each parcel of land, and is assessed pursuant to the requirements of Section 24-61, Article IV,
R.
October 2019 Cycle Appendices Page 38 Application No. CDMP20190026
of the Code of Miami -Dade County. Finally, according to the same Code Section, the proceedings
may only be utilized for the maintenance and improvement of public storm drainage systems.
Based upon the above noted considerations, it is the opinion of DERM that Ordinance No. 01-
163 will not change, reverse, or affect these factual requirements.
Public Schools
Section 9.4(a) of the Interlocal Agreement (ILA) between Miami -Dade County Public Schools and
the County provides for exemptions and vested development for public school concurrency,
namely for "developments that result in a total impact of less than one (1) student in any level or
type of school." The proposed amendment was analyzed by Miami -Dade County Public Schools,
who determined that the requested "Business and Office" land use designation for a residential
scenario utilizing the student generation multipliers results in an impact of 0 (zero) students.
Therefore, there would be no impact on Miami -Dade County Public Schools.
Fire Rescue
The current "Estate Density Residential" will allow a potential development which will generate
one (1) annual alarm. The proposed "Business and Office" designation will allow a potential
development which is anticipated to generate four (4) annual alarms. The four (4) annual alarms
will result in a minimal impact to existing fire rescue service. Presently, Miami -Dade County Fire
and Rescue Department indicates that fire and rescue service in the vicinity of the application site
is adequate.
MA
October 2019 Cycle Appendices Page 39 Application No. CDMP20190026
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::
October 2019 Cycle Appendices Page 40 Application No. CDMP20190026
APPENDIX F
Photos of Site and Surroundings
October 2019 Cycle Appendices Page 41 Application No. CDMP20190026
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October 2019 Cycle Appendices Page 42 Application No. CDMP20190026
Y
View from the application site looking east across SW 67 Avenue.
View from the application site looking north on SW 67 Avenue, with the 7-Eleven gas station in the
foreground, and the Walgreens located to the north and across SW 56 Street and the Miller Sixty -
Seventh condominium complex located northeast of the application site.
92
October 2019 Cycle Appendices Page 44 Application No. CDMP20190026
Notice of Miami -Dade County Public Hearings on October 2019 Cycle
Proposed Amendment to the Comprehensive Development Master Plan (CDMP)
This is to notify you of an application filed with the Miami -Dade County Department I,; i } �� �: , sv� 1' isTT6; 3,, uaIricoRpo'w►Tec�au►M� o os
1�1 1� } S%V
of Regulatory and Economic Resources (RER) that addresses land near your
property. The applicant is requesting a change to the future land use on the Miami- CDR Gl �,i , . �,s,,, 61i,aR
Dade County Comprehensive Development Master Plan (CDMP) Land Use Plan aw
map. The application is as described below: ijf81 f�
APPLICATION NO.3 (CDMP20190026 — RAB Builders, LLC) 77'
sv sSTH
(Small -Scale Amendment) T 1 =
> UItlMCORPORATED.NIAINI-0ADE _ tAA.IER RD � 3 � •• f ,� }
Proposed amendment to the CDMP for t0.70 gross acres of land located 1140 ft. � i � , : > > � � ®w cTn,TEAl soutH wwns�---,
south of SW 56 Street/Miller Drive and on the west side of SW 67 Avenue/Ludlam sW earn 1� .; r _ ; } lr. }
Roads. S s + f. t'
I SW sm 5T L. SWI WTH ST, - I +' J 1J.
i { j ��K14
Reauested Amendment to the CDMP:,1. aoTHss i „ I , 1
Redesignate the application site on the Land Use Plan Map:4esre-�,����svti`ei�rosr
From: "Estate Density Residential (1 to 2.5 dwelling unit/acre)' ®,L,cA-noN,EA o o A
To: 'Business and Office' --- MUNIGPAL BOUNDARY
You are invited to attend the followine scheduled_public hearing. s reclardi�this CDMP agmlication:
7:00 PM, February 24, 2020
Kendall Community Council (12)
Kendall Village Center Civic Pavilion - 8625 SW 124 Ave, Miami, FL 33183
10:00 AM, March 4, 2020**
Planning Advisory Board, County Commission Chamber, 111 NW 1st Street, Miami, FL, 33128
9:30 AM, April 23, 2020**
Board of County Commissioners, County Commission Chamber, 111 NW 1st Street, Miami, FL, 33128
Copies of the Application and Initial Recommendation Report on the proposed amendment are available for purchase at the RER Offices, Metropolitan Planning Section
111 NW 1,1 Street, Miami, Florida 33128 or can be accessed at http:llwww.miamidade.gov/planning/Comp-amendment-cycles.asp or call (305) 375-2835.
"Date Subject to Change; Interested parties are advised to contact our RER offices at the address andlor phone number above to confirm these dates.
93
Application No. 4
Commission District 7 Community Council 12
APPLICATION SUMMARY
Applicant/Representative:
Location:
Total Acreage:
Current Land Use Plan Map
Designation:
Requested Land Use Plan Map
Designation and other changes:
Amendment Type:
Existing Zoning District/Site Condition:
RECOMMENDATIONS
Staff:
Kendall Community Council (12):
Planning Advisory Board (PAB) Acting
as the Local Planning Agency:
Final Action of Board of County
Commissioners:
7-Eleven, LLC/Jerry B. Proctor, Esq.
Southwest corner of SW 56 Street/Miller Drive and
SW 67 Avenue/Ludlam Road
±1.31 gross/net acres
"Estate Density Residential (1 to 2.5 dwelling units
per gross acre)"
1. "Business and Office"
2. Add the proffered Declaration of Restrictions in
the Restrictions Table in Appendix A of the
CDMP Land Use Element, if accepted by the
Board of County Commissioners
Small -Scale
BU-1A and EU-M/convenience store, gas station, car
wash and single-family residence
ADOPT WITH ACCEPTANCE OF THE
PROFFERED DECLARATION OF RESTRICTIONS
(March 2018)
ADOPT WITH ACCEPTANCE OF THE
PROFFERED DECLARATION OF RESTRICTIONS
WITH THE CONDITION THAT THE DECLARATION
OF RESTRICTIONS BE MODIFIED TO REQUIRE
DENSE LANDSCAPING ON THE SOUTHERN SIDE
OF THE PROPERTY (March 20, 2018)
TO BE DETERMINED (April 9, 2018)
TO BE DETERMINED (April 25, 2018)
95
October 2017 Cycle 4-1
Revised and Replaced March 2018 Application No. 4
Staff recommends ADOPT WITH ACCEPTANCE OF THE PROFFERED DECLARATION OF
RESTRICTIONS the proposed small-scale amendment to the Comprehensive Development
Master Plan (CDMP) Adopted 2020 and 2030 Land Use Plan (LUP) map to redesignate the t1.31
gross/net acre application site from "Estate Density Residential (1 to 2.5 dwelling units per gross
acre)" to "Business and Office" for the following reasons:
Principal Reasons for Recommendation:
1. The application seeks to facilitate the growth and expansion of an existing business onto
the entire site. The application site consists of three parcels with two of the parcels
developed with an existing 7-Eleven gas station with convenience store and a car wash
and zoned BU-1A (Limited Business Districts). The applicant proposes to redevelop the
site to expand the gas station onto the third parcel, a single-family home zoned EU-M
(Estates modified, minimum lot area 15,000 square feet). Approval of the application
would change the land use designation to "Business and Office" which would better
reference the existing uses on the northern portion of the site and the BU-1A zoning (see
"Zoning Map" on page 4-5). The applicant has proffered a Declaration of Restrictions
(covenant) committing to the redevelopment of the entire site with its uses limited to a
gasoline station with ancillary convenience store.
The application site is currently designated on the CDMP Adopted 2020 and 2030 Land
Use Plan (LUP) map as "Estate Density Residential" which allows residential development
at densities ranging from 1 to 2.5 dwelling units per acre (1 to 2.5 du/ac). The application
site could be developed with up to three single-family residential units or 10,280 square
feet retail and one single-family residential housing unit. The applicant requests a
redesignation of the application site to "Business and Office," which could be redeveloped
with a maximum of either: 22,825 square feet of retail uses; or with seven single-family
residential housing units. However, the applicant has proffered a Declaration of
Restrictions (covenant) that would limit the proposed redevelopment to a gas station with
ancillary convenience store.
2. Approval of the application would be generally consistent with the criteria for evaluating
Land Use Plan map amendment applications pursuant to Policy LU-8E of the CDMP Land
Use Element. Policy LU-8E requires LUP map amendment applications to be evaluated
according to factors such as (i) the ability of the proposed amendment to satisfy a
deficiency in the LUP map to accommodate projected population or economic growth of
the County, (ii) impacts to County facilities and services, (iii) compatibility with abutting
and nearby land uses, (iv) impacts to environmental and historical resources, and (v) the
extent to which the proposed land use would promote transit ridership and pedestrianism
pursuant to Objective LU-7 and associated policies. Each factor is discussed below.
i. Need to Accommodate Population or Economic Growth: The application, if approved
with acceptance of the proffered Declaration of Restrictions, would decrease the
capacity of the residential land in the analysis area, Minor Statistical Area (MSA 5.3)
by one unit and would facilitate the expansion of an existing gas station. An analysis
of the residential capacity by type of dwelling units shows the depletion of single-family
type units occurring in 2019 and for multi -family beyond 2030. The supply of residential
land for both single-family and multi -family units is projected to be depleted by the year
2028. For commercial uses, based on the projected absorption rate for 2017-2030 of
1.16 acres per year, MSA 5.3 is due to deplete is supply of commercially zoned land
by the year 2029. Approval of the application would facilitate the growth of an existing
business and could be of benefit to the area (see "Supply and Demand Analysis" on
page 4-11). 96
October 2017 Cycle 4-2 Application No. 4
ii. Public Facilities and Services. Approval of the application with acceptance of the
proffered covenant would be consistent with the CDMP Capital Improvements Element
Objective CIE-3 that requires CDMP land use decisions not to cause a violation in the
adopted level of service standards for public facilities and services. The impacts that
would be generated from the allowable potential development on the site, 22,825
square feet of retail uses if the application is approved, would not cause a violation in
the level of service standards for public services and facilities.
fii. Compatibility. The requested "Business and Office" land use designation and the
maximum development allowed on the property would be generally compatible with
the abutting and adjacent development. The Applicant has proffered a Declaration of
Restrictions (covenant) committing to redevelopment of the entire site with its uses
limited to a gasoline station with ancillary convenience store. With adequate buffering
the proposed development would be generally compatible with the single-family
residences to the south. The application site and the surrounding properties to the
south and west located south of SW 56 Street/Miller Drive and east of SW 67
Avenue/Ludlam Road, are designated "Estate Density Residential", namely the
Palmetto Presbyterian church and childcare facility west of the application site, and
the single-family residences located south and southwest of the application site.
Properties to the northwest and north are designated "Low Density Residential (2.5-6
du/ac)" on the LUP map and are developed with retail, educational and residential
uses. Properties to the north include a Walgreens, single-family residences further
north, small retail establishments located northwest of the application site, and South
Miami Senior High School. (See "CDMP Land Use" map on page 4-8).
To the east and northeast of the application site, across SW 67 Avenue/Ludlam Road,
lie properties within the City of South Miami. While the properties to the northeast and
east are generally depicted on the County's LUP map as "Low Density Residential
(2.5-6 du/ac)", the City of South Miami designates its land use including the Caridad
apartment complex located east of the application site designated on the City's
Comprehensive Future LUP map as "Multiple -Family Residential (four story)"; and the
Miller Sixty -Seventh condominium, Forest Cove subdivision, and Montebello and Somi
Estates subdivisions designated as "Townhouse Residential (two story)."
iv. Environmental and Historic Resources. The application, if approved, would not impact
any historic resources. Regarding environmental resources, the applicant site contains
tree resources, including possible specimen trees (trees with a trunk diameter 18
inches or greater). The applicant is required to comply with CON-8A of the CDMP and
Section 24-49.2(II) of the Code, which requires that specimen trees be preserved
whenever reasonably possible (see "Natural Resources" on page 4-16).
V. Transit Ridership and Pedestrianism. While the applicant has proffered a covenant
limiting its uses to a gasoline station with ancillary convenience store, the application
if approved, could promote transit ridership and pedestrianism. There are two
Metrobus stops are located on the application site, namely for Metrobus Route 56 on
south side of Miller Drive and for Metrobus Route 73 located on the west side of SW
67 Avenue. Metrobus Route 56 provides service along Miller Drive/SW 56 Street with
40-minute AM/PM peak service headways and 60-minute off-peak service headways.
Metrobus Route 73 provides transit service along SW 67 Avenue/Ludlam Road with
30-minute AM/PM peak service headways and 40-minute off-peak service headways,
and 60-minute service headways on Saturday and Sundays. The application site is
well -accessible with sidewalks on SW 56 Street and SW 67 Avenue and lies within
walking distance to South Miami Senior High School to the northwest. 97
October 2017 Cycle 4-3 Application No. 4
October 2017 Cycle 4-4 Application No. 4
e
APPLICATION 4
ZONING MAP
-RU-1
RS-4 RU
:
UNINCORPORATED
3..
'"- 'MIAMIDADE COUNTY
RU-TH
RU-1
EU-1
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. iMI4,MI4DADE COUNTY
CITY OF.
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Sw 62NO ST - _
EU-1
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SW 64TH ST
®Source:
Department of Regulatory and Economic Resources
APPLICATION AREA
.January 2017
������■ MUNICIPAL BOUNDARY
MIAMI-DADE COUNTY ZONING DISTRICTS
CITY OF SOUTH MIAMI ZONING DISTRICTS
BU-1
BUSINESS DISTRICTS, NEIGHBORHOOD
NR
NEIGHBORHOOD RETAIL
BU-1A
BUSINESS DISTRICTS, LIMITED
PI
PUBLIC INSTITUTIONAL
EU-1
ESTATES, SINGLE-FAMILY
PR
PARK AND RECREATION
EU-M
ESTATES MODIFIED
RM-24
MULTI -FAMILY
IU-1
INDUSTRIAL DISTRICTS, LIGHT MANUFACTURING
RS-2
SEMI -ESTATE RESIDENTIAL
RU-1
SINGLE-FAMILY RESIDENTIAL
RS-3
LOW DENSITY SINGLE FAMILY
RU-5
SEMI-PROFESSIONAL OFFICES AND APARTMENTS
RS-4
SINGLE FAMILY RESIDENTIAL N
RU-TH
TOWNHOUSE
RT-6
TOWNOUSE RESIDENTIAL
0 0.1 0.2
Miles
October 2017 Cycle 4-5 Application No. 4
••
ED
APPLICATION NO. 4
EXISTING LAND USE
SYJ 64TH ST
= APPLICATION AREA
mnmus MUNICIPAL BOUNDARY
EXISTING LAND USE
SINGLE-FAMILY
TWO-FAMILY DUPLEXES
_ TOWNHOUSES
I— LOW -DENSITY MULTI -FAMILY
- COMMERCIAL. SHOPPING CENTERS
OFFICE
_ INSTITUTIONAL
- INDUSTRIAL INTENSIVE
- COMMUNICATIONS. UTILITIES. TERMINALS
STREETS. ROADS. EXPRESSWAYS. RAMPS
Z
G
_ PARKS. PRESERVES, CONSERVATION AREAS
VACANT PRIVATELY OWNED. UNPROTECTED
"LAND WATERS
N
0 0+ as
vwx
100
October 2017 Cycle 4-6 Application No. 4
APPLICATION NO. 4
CDMP LAND USE
SW 49TH ST
w SW 57TFI TER
da
da
m
UNINCORPORATED MIAMI-DADE
Ails Its 1I■ lls II■ Its limits II
■ CITY OF SOUTH MIAMI
■
._�
APPLICATION AREA
■DmRI MUNICIPAL BOUNDARY
rn
s
SW 64TH ST
Smuce Deontmnn a RtyNxory and Ec 0O Rewwces
Janus, 201E
CDMP LAND USE
ESTATE DENSITY (1-2.5 DU/AC) - MAJOR ROADWAYS (3 OR MORE LANES)
LOW DENSITY (2.5-6 DU/AC) - MINOR ROADWAYS (2 LANES)
LOW -MEDIUM DENSITY (6-13 DU/AC)
RESTRICTED INDUSTRIAL AND OFFICE
_ BUSINESS AND OFFICE
WATER
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TRANSPORTATION (ROW, RAIL, METRORAIL. ETC.) noon
101
October 2017 Cycle 4-7 Application No. 4
APPLICATION NO. 4
PROPOSED CDMP LAND USE
SW 49TH ST
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CDMP LAND USE
ESTATE DENSITY (1-2.5 DU/AC) MAJOR ROADWAYS (3 OR MORE LANES)
LOW DENSITY (2.5-6 DU/AC) MINOR ROADWAYS (2 LANES)
LOW -MEDIUM DENSITY (6-13 DU/AC)
RESTRICTED INDUSTRIAL AND OFFICE
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102
October 2017 Cycle 4-8 Application No. 4
STAFF ANALYSIS
Application Site
Location
The application site is a ±1.31 acre property comprised of three contiguous parcels located on
the southwest corner of SW 56 Street/Miller Drive and SW 67 Avenue/Ludlam Road. The first is
a ±0.39 acre property located at the intersection of SW 56 Street and SW 67 Avenue. This parcel
consists of a 7-Eleven convenience store and gas station and is herein referred to as the East
Parcel. The second is a ±0.22 acre property fronting SW 56 Street and adjoins the west side of
the East parcel and consists of a car wash, herein referred to as the West Parcel. The third is a
±0.70 acre property located south of the East Parcel and the West Parcel fronting SW 67 Avenue
and consisting of a single-family residential unit with accessory unit. This parcel is herein referred
to as the South Parcel
Across the street are properties located on the eastern side of SW 67 Avenue/Ludlam Road,
within the City of South Miami (see "Aerial Map" on page 4-4.) The application site is within the
County's Urban Infill Area, where infill and redevelopment is promoted and prioritized and inside
the County's Urban Development Boundary (UDB).
Existing Land Use
The East Parcel is developed as a 7-Eleven gas station and convenience store established in
1983, and the West Parcel consists of a car wash facility established in 1991, making those
commercial parcels an established use in the area. The South Parcel is developed as a single-
family residence with an accessory structure and is densely -vegetated (see Appendix D: Photos
of Site and Surroundings on Appendices Page 49).
Land Use Plan Map Designation/Request
The CDMP Adopted 2020 and 2030 Land Use Plan (LUP) map designates the application site as
"Estate Density Residential (1 to 2.5 dwelling units per gross acre), see "CDMP Land Use" map
on page 4-7. The "Estate Density Residential" land use category allows densities from 1 to 2.5
dwelling units per gross acre and is typically characterized by detached estates which utilize only
a small portion of the total parcel. Clustering, and a variety of housing types may, however, be
authorized. Under the current land use designation and if all environmental and zoning
requirements are met, the application site could be developed with a maximum of either: three
single-family residential units; or 10,280 square feet retail and one single-family residential
housing unit.
The applicant requests a redesignation of the application site on the LUP map to "Business and
Office," see "Proposed CDMP Land Use" map on page 4-8. The "Business and Office" CDMP
land use category allows the full range of sales and service activities that includes retail,
wholesale, personal and professional services, commercial and professional offices, hotels,
motels, hospitals, entertainment, cultural facilities and residential development. Residential uses
are permitted in the Business and Office areas provided that the scale and intensity, including
height and floor area ratio of the residential or mixed use development, is not out of character with
that of adjacent or adjoining development and zoning, and it does not detrimentally impact, and it
provides a sensitive well designed transition to any adjacent or adjoining residentially developed
or designated areas of different development intensity.
Under the requested "Business and Office" land use designation and if all environmental and
zoning requirements are met, the application site could be developed with a maximum of either:
22,825 square feet of retail uses; or with seven single-family residential housing units. Total
permissible development may be significantly less than the maximum allowed under the CDMP 103
October 2017 Cycle 4-9 Application No. 4
due to land use compatibility and other site -related considerations. However, the applicant has
proffered a Declaration of Restrictions (covenant), which would limit the proposed redevelopment
to retail uses. See "Proffered Declaration of Restrictions" below.
Proffered Declaration of Restrictions
The Application states that "This re -designation is for the sole purpose of modernizing and
replacing the existing 7-Eleven gasoline and convenience facility...with a new 7-Eleven facility
that will be more modem and safer" (see Appendix A: Amendment Application on Appendix page
3). To this end, the Applicant has proffered a Declaration of Restrictions (covenant) committing
to redevelopment of the entire site with its uses limited to a gasoline station with ancillary
convenience store (see Appendix B: Proffered Declaration of Restrictions on Appendix page 29.)
Zoninq
The East and West parcels with commercial uses are currently zoned BU-1A (Limited Business
Districts) and the South Parcel with the residential use is zoned EU-M (Estates modified, minimum
lot area 15,000 square feet). See "Zoning Map" on page 4-5.
Zoninq History
Miami -Dade County zoning districts and zoning code regulations were first created in 1938, and
the County's first zoning records indicate that the East, West, and South Parcels were all originally
part of the larger 1944 "Beverly Hills" plat recorded in Plat Book 43, Page 68 comprising 40 acres
and zoned EU-M. The South Parcel remains zoned EU-M to date.
The West Parcel originally included Palmetto Presbyterian church to the west and the Board of
County Commissioners (BCC) on February 2, 1961 adopted Resolution No. Z-19-61 for a district
boundary change to RU-5 with a special use for a daycare, and with a 15-foot wide strip zoned
BU-IA for.parking, on the western side of the West Parcel. The BCC adopted on February 14,
1963 Resolution No. Z-36-63 approving a district boundary change from EU-M to BU-1 A, on the
eastern 165' feet of Lot 9 in the Beverly Hills Plat (the East Parcel). The BCC adopted on
November 17, 1977, Resolution No. Z-274-77 approving a district boundary change from RU-5 to
BU-1A and a special exception to subdivide Lot 9 into the current East and West Parcels.
Adjacent Land Use and Zoning
Existing Land Uses
North of the application site across SW 56 Street/Miller Road is a Walgreens, and further north
are single-family residences. Northwest of the application site are located small retail
establishments such as a Sandwich King, Nail Salon, Asia Groceries, and South Miami Senior
High School. Northeast of the application site and east of SW 67 Avenue/Ludlam Road is the
Miller Sixty -Seventh two-story condominium complex, and further beyond is the Forest Cove
townhouse subdivision. East of the application site is the two-story Caridad apartment complex,
and further east along SW 56 Street/Miller Drive are the single-family Montebello and Somi
Estates subdivisions. South and southwest of the application site are single-family houses. West
of the application site along SW 56 Street/Miller Drive is the Palmetto Presbyterian church and
childcare facility, and further west are a two unit residence and single-family residences (see
Appendix D: Photos of Site and Surroundings on Appendices page 49).
Land Use Plan Map Designations
Properties to the northwest, north, northeast, and east are designated on the LUP map as "Low
Density Residential (2.5-6 du/ac)" including: the Walgreens located north of the application site,
the single-family residences further north, the small retail establishments located northwest of the
application site, and South Miami Senior High School. Depicted on the LUP map as "Low Density
Residential" are the properties located east of SW 67 Avenue within the City of South Miami --the 104
October 2017 Cycle 4-10 Application No. 4
Miller Sixty -Seventh condominium complex northeast of the application site and the Forest Cove
subdivision; the Caridad apartment complex east of the application site; and the Montebello and
Somi Estates subdivisions located further east. For the previously mentioned properties located
within the City of South Miami, the Caridad apartment complex located east of the application site
is designated on the City's Comprehensive Future LUP map as "Multiple -Family Residential (four
story)"; and the Miller Sixty -Seventh condominium, Forest Cove subdivision, and Montebello and
Somi Estates subdivisions designated as "Townhouse Residential (two story)."
The application site and the surrounding properties south of SW 56 Street/Miller Drive and east
of SW 67 Avenue/Ludlam Road, are designated "Estate Density Residential", namely the
Palmetto Presbyterian church and childcare facility west of the application site, and the single-
family residences located south and southwest of the application site. (See "CDMP Land Use"
map on page 4-7).
Zoninq
The Walgreens and retail store to the north and northwest of the application site is zoned BU-1 A
(Business Districts, limited) and BU-1 (Business Districts, neighborhood) while the single-family
residences further north and South Miami Senior High School are zoned RU-1 (Single Family
Residential). The Palmetto Presbyterian church and childcare facility to the west are zoned RU-5
(Semi -Professional Office District and Apartments District) and EU-M (Estates modified, minimum
lot area 15,000 square feet). The single-family residences located to the south and southwest are
zoned EU-M. Across SW 67 Avenue/Ludlam Road to the northeast and east are properties
located within and zoned by the City of South Miami. The Miller Sixty -Seventh condominium
complex and the Forest Cove subdivision to the northeast are zoned RT-6 (Townhouse
Residential). The Caridad apartment complex to the east is zoned RM-24 (Medium Density Multi -
Family); and the Montebello subdivision further east and several single-family properties fronting
SW 67 Avenue are zoned RT-6 (Townhouse Residential). (See "Zoning Map" on page 4-5.)
Supply and Demand Analysis
The capacity of the LUP map to accommodate population or economic growth is generally
expressed in acres of vacant land zoned or designated for residential and non-residential
development. In the context of this small-scale Application No. 4, land capacity is analyzed at the
localized or Minor Statistical Area (MSA) level.
Residential
The combined vacant land for single-family and multi -family residential development in the
Analysis Area (Minor Statistical Area 5.3) in 2017 was estimated to have a capacity for about
2,841 dwelling units, with about 87 percent of these units intended as multi -family. The annual
average residential demand in this Analysis Area is projected to increase from 235 units per year
in the 2017-2020 period to 300 units in the 2025-2030 period. An analysis of the residential
capacity by type of dwelling units shows the depletion of single-family type units occurring in 2019
and for multi -family beyond 2030 (see "Residential Land Supply/Demand Analysis" table below).
The supply of residential land for both single-family and multi -family units is projected to be
depleted by the year 2028.
105
October 2017 Cycle 4-11 Application No. 4
Residential Land Supply/Demand Analysis
2017 to 2030: Application 4 (MSA 5.3)
ANALYSIS DONE SEPARATELY FOR
EACH TYPE, I.E. NO SHIFTING OF
DEMAND BETWEEN SINGLE & MULTI- STRUCTURE TYPE
FAMILY TYPE
SINGLE-FAMILY MULTIFAMILY BOTH TYPES
CAPACITY IN 2017
359
2,482
2,841
DEMAND 2017-2020
155
80
235
CAPACITY IN 2020
0
2,242
2,136
DEMAND 2020-2025
171
89
260
CAPACITY IN 2025
0
1,797
836
DEMAND 2025-2030
197
103
300
CAPACITY IN 2030
0
1,282
0
DEPLETION YEAR
2019
2030+
2028
Residential capacity is expressed in terms of housing units.
Housing demand is an annual average figure based on population projections.
Source: Miami -Dade Department of Regulatory and Economic Resources, Planning Division, Planning Research
and Economic Analysis Section, February 2018.
The "Residential Land Supply/Demand Analysis" table above addresses the residential land
supply and demand in the Analysis Area without the effect of the projected CDMP amendment.
Application 4 is a small-scale amendment requesting a change from "Estate Density Residential"
to "Business and Office." The applicant has proffered a covenant committing to the redevelopment
of the entire site with its uses limited to a gasoline station with ancillary convenience store. Given
the existing capacity in the Analysis Area, this application, if approved, will not have a significant
impact on the supply of single or multi -family- units and will not have a significant impact on the
depletion year.
Commercial
The Analysis Area for Application 4 (MSA 5.3) contained 578.80 acres of in -use commercial uses
in 2017 and an additional 14.40 acres of vacant land zoned or designated for business uses. The
annual average absorption rate for the 2017-2030 period is 1.16 acres per year. At the projected
rate of absorption, the study area. will deplete its supply of commercially zoned land by the year
2029 (see "Projected Absorption of Land for Commercial Uses" table below). If the proposed
change is approved, at the current absorption rate, it would extend the expected depletion year
by less than a year.
Projected Absorption of Land for Commercial Uses
Indicated Year of Depletion and Related Data
ADDlication 4 Analvsis Area
Annual
Analysis Vacant
Absorption
Area Commercial
Commercial
Rate
Projected
Total Commercial Acres
Land 2017
Acres in
2017-2030
Year of
per Thousand Persons
(Acres)
Use 2017
(Acres)
Depletion
2020 2030
MSA 5.3 14.40
678.80
1.16
2029
4.5 4.3
Source: Miami -Dade County, Regulatory and Economic Resources Department, Planning Division, Planning
Research and Economic Analysis Section, February 2018.
Trade Area Analysis
An analysis of the trade area, 1.5 miles around the proposed project, was conducted. The result
of the analysis shows that there are 203.91 acres in existing commercial uses, and 6.63 acres of
vacant commercially zoned or designated land (see "Trade Area Analysis" table below and "Trade
Area Map" below). 106
October 2017 Cycle 4-12 Application No. 4
Trade Area Analvsis
Vacant
Trade Commercial Commercial Acres
Application Area Land (Acres) in Use 2017
Radius
4 1.5 6.63 203.91
Source: Miami -Dade Department of Regulatory and Economic Resources, Planning
Division, Research Section, February 2018.
107
October 2017 Cycle 4-13 Application No. 4
TRADE AREA MAP: APPLICATION NO. 4
0 025 0.5
Application No. 4 Mixed -Use Commercial Land Use
Mam DatleCourtly 1.5-mile Radius Buffer - Vacant Commercial Land Use
0"4g &R,.W., arm Ecmmvc Fewvws
PY .VReeearchCommercial Land Use6EcmmrcAmysis -Vacant Mixed -Use Commercial
Pobua.y2016 Residential Land Use
Environmental Conditions
October 2017 Cycle 4-14 Application No. 4
The following information pertains to the environmental conditions of the application site. All YES
entries are further described below.
Flood Protection
Federal Flood Zone X
Stormwater Management Permit Not Required
County Flood Criteria, National 7.5 feet
Geodetic Vertical Datum (NGVD)
Bioloaical Conditions
Wetlands Permit Required No
Native Wetland Communities No
Specimen Trees Might Contain
Endangered Species Habitat No DERM records
Natural Forest Community No
Other Considerations
Within Wellfeld Protection Area No
Contaminated Site No DERM records
Pollution Remediation
There are no DERM records of current or historical contamination issues on the property or on
sites directly abutting the application site.
Drainage and Flood Protection
The subject property is not located within a Special Flood Hazard Area according to the FEMA
Flood Insurance Rate Maps (FIRM). Any development will have to comply with the requirements
of Chapter 11 C of the Code for flood protection.
The site shall be filled to a minimum elevation of 7.5 feet, NGVD (County Flood Criteria).
For construction of habitable structures within the subject application, the Lowest Floor Elevation
requirement shall be the highest elevation in NGVD of the following references:
• Average crown of road fronting the property, plus 8 inches for residential, or plus 4 inches
for non-residential.
• County Flood Criteria 7.5 feet NGVD, plus 8 inches for residential, or plus 4 inches for
non-residential.
• Elevation of the back of the sidewalk (if any) fronting the property, plus 8 inches for
residential, or plus 4 inches for non-residential.
• The Base Flood Elevation for this area is found to be 9.0 feet NGVD (taken from the FIRM
for Miami Dade County).
• The stage generated by retention on -site of the 100-year rainfall event according to stage -
storage calculations must be equal or less than the Base Flood Elevation.
For compliance with stormwater quality requirements, all stormwater shall be retained on site
utilizing properly designed seepage or infiltration drainage system. Drainage must be provided for
the 5-year/1-day storm event.
For compliance with stormwater quantity requirements designed to prevent flooding of adjacent
properties, the site grading and development shall provide for the full on -site retention of the 25-
year/3-day storm event and shall also comply with the requirements of Chapter 11 C of the Code
and all State and Federal Criteria. 109
October 2017 Cycle 4-15 Application No. 4
Natural Resources
The referenced properties contain tree resources possibly including specimen tree resources
(trees with a trunk diameter 18 inches or greater). The applicant is required to comply with CON-
8A of the CDMP and Section 24-49.2(II) of the Code, which requires that specimen trees be
preserved whenever reasonably possible.
Site plan development must be consistent with the requirements to preserve specimen trees
except in cases where DERM has determined that a specimen tree cannot be preserved pursuant
to 24-49.2(4)(II)(2) of the Code. Therefore, prior to approval of any development order, the
applicant shall submit a survey of the existing tree resources within the CDMP application area
utilizing professionally recognized sampling methodology and shall be subject to DERM review
and approval. The applicant shall, at their expense, revise any site plan as necessary to comply
with the requirements of Chapter 24 of the Code and for conformance with provisions of the
CDMP.
In accordance with Section 24-49.9 of the Code and CON-81 of the CDMP, all plants prohibited
by Miami -Dade County shall be removed from all portions of the property prior to development or
redevelopment and developed parcels shall be maintained to prevent the growth or accumulation
of prohibited species.
Endangered Species
The subject property and adjacent properties are not located within a federally designated critical
habitat area. DERM is not aware of any documented threatened and endangered species on this
or adjacent properties.
Water and Sewer
Water Treatment Plant Capacity
The County's adopted LOS standard for potable water treatment facilities requires that the
regional water treatment system, consisting of MDWASD Hialeah Reverse Osmosis, Hialeah,
Preston, and Alexander Orr District Treatment Plants, shall operate with a rated maximum daily
capacity no less than two percent above the maximum daily flow for the preceding year and an
average two percent above the average daily flow for the preceding five years. The water must
also meet all applicable federal, state, and county primary drinking water standards.
The rated treatment capacity of the Miami -Dade Water and Sewer Department regional water
treatment system is 449.74 million gallons per day (MGD). To maintain sufficient capacity in
accordance with the level of service standard outlined in CDMP Policy WS-2A, the regional
system shall operate with a rated maximum daily capacity no less than two percent above the
maximum daily flow for the preceding year and an average two percent above the average daily
flow for the preceding five years. Therefore, the total available water treatment plant capacity
based on CDMP Policy WS-2A is 72.03 MGD. This is calculated using the available plant capacity
(449.74 MGD), subtracting 102% of the maximum day flow (346.6 MGD) and subtracting the
water that is reserved through development orders (31.11 MGD).
As noted in the "Estimated Water Demand/Sewer Flow for Proposed Development by Land Use
Scenario" table below, the maximum water demand for retail and residential development
(Scenario 1) under the current CDMP Land Use designation is estimated at 1,248 gallons per day
(gpd). The maximum water demand for retail development (Scenario 1) or residential
development (Scenario 2) under the Requested CDMP Land Use designation is estimated at
2,283 gpd and 1,540 gpd, respectively. This represents an increase of up to 1,035 gpd over the
demand under the current CDMP land use designations. A Water Supply Certification Letter will 110
October 2017 Cycle 4-16 Application No. 4
4
be required at the time of development, at which time the proposed project will be evaluated for
water supply availability and a water supply reservation will be made.
Estimated Water Demand/Sewer Flow
For Proposed Development by Land Use Scenario
Water Demand
Use
Quantity
Multiplier
Projected Water
Scenario
(Maximum Allowed)
(Units or Square
(Section 24-43.1
Demand (gpd)
Feet)
Miami -Dade
Code
Current CDMP Potential
1
Retail
10,280 sq. ft.
10 gpd/100 sq. ft.
1,028 gpd
1
Single Family Res
1 unit
220 gpd/unit
220 gpd
Re uested CDMP Designation
1
Retail
22,825 sq. ft.
10 gpd/100 sq. ft.
2,283 gpd
2
Single Family Res
7 units
220 gpd/unit
1,540 gpd
Source: Miami -Dade Water and Sewer Department; Department of Regulatory and Economic Resources, Planning
Division; January 2018
Water Supply and Connectivity:
The subject application is located within the MDWASD franchised water service area. The source
of potable water for this area is the Alexander Orr Water Treatment Plant which is owned and
operated by MDWASD. Currently, there is adequate treatment and water supply capacity for the
proposed project consistent with Policy WS-2 A (1) of the County's CDMP. The plant is presently
producing water that meets Federal, State, and County drinking water standards.
The proposed land use would be required to connect to public water pursuant to Chapter 24 of
the Code. There is an existing 16-inch water main along SW 67 Avenue and along SW 56 Street
to which the developer may connect to provide service to the property. If two or more fire hydrants
are to be connected to a public water main extension within the property, then the water system
shall be looped with two (2) points of connection.
At this time, there is a planned project at the northeast corner of SW 56 Street and SW 68 Avenue
with a WASD Verification Form #201659831 for the construction of a Gas Station with a
convenience store and 143 square feet of food preparation.
Sewer Treatment Plant Capacity
The County's adopted LOS standard for wastewater treatment and disposal requires that the
regional wastewater treatment and disposal system, consisting of North, Central, and South
District Wastewater Treatment Plants, operate with a capacity that is two percent above the
average daily flow for the preceding five years and a physical capacity of no less than the annual
average daily sewer flow. The wastewater effluent must also meet all applicable federal, state,
and county standards and all treatment plants must maintain the capacity to treat peak flows
without overflow.
The Miami -Dade County Water and Sewer Department regional wastewater treatment system
capacity is the sum of the daily treatment capacity of the three wastewater treatment plants. The
regional wastewater treatment system can treat up to 375.5 MGD. The Sanitary Sewer Level of
Service (LOS) standard presented in the CDMP requires the regional system to have sufficient
capacity to treat 102% of the average daily sewage demand of the preceding 5 years. The
available capacity is calculated by subtracting 102% of the annual average flow (310.11 MGD) 111
October 2017 Cycle 4-17 Application No. 4
for the preceding 5 years and the capacity reserved for development orders (38.81 MGD) from
the system capacity (375.5 MGD). Therefore, the available wastewater treatment plant capacity
is 26.58 MGD.
Sewer System Connectivity:
Application No. 4 is located within the MDWASD franchised sewer service area. The existing
development is served by septic tanks and drainflelds. Based on the proposed request, the
proposed non-residential use is within feasible distance for connection to public sanitary sewers.
Therefore, connection of any proposed development to the public sanitary sewer system shall be
required in accordance with Code requirements. A private pump station will be required if the
application site is developed with retail uses. The nearest point of connection is an existing 4-inch
sewer force main located approximately 500 feet away from the application site on SW 56 Street.
Civil drawing for the required sewer main extension will need to be approved by MDWASD and
the Environmental Wastewater Permitting Section of DERM prior to approval of final development
orders.
The sanitary sewer system in this area directs the sewage flow to pump stations 30-0177, 30-
559, 30-Tandem and then to the South District Wastewater Treatment Plant. The aforementioned
sanitary sewer pump station as well as the South District Wastewater Treatment Plant are owned
and operated by Miami Dade Water and Sewer Department; in addition, they are currently working
within the mandated criteria set forth in the Consent Decree Case: NO. 1:12-cv-24400-FAM,
effective Dec 6, 2013.
If the application site is developed with residences, WASD's Rules and Regulations do not allow
a single family development to be connected to the sewer via a private pump station.
Consequently, the proposed residential development would have to be served by a septic tank
and drainfield as a means for the disposal of domestic liquid waste. DERM has no objection to
the interim use of a septic tank and drainfield provided that the maximum sewage loading allowed
by Section 24-43.1(3) of the Code is not exceeded and the property is connected to public water.
In accordance with the Code, the minimum lot size for a single family residence served by public
water and a septic tank shall be 15,000 square feet (gross).
Solid Waste
The Miami -Dade County Department of Solid Waste Management (DSWM) oversees the proper
collection and disposal of solid waste generated in the County through direct operations,
contractual arrangements, and regulations. In addition, the Department directs the countywide
effort to comply with State regulations concerning recycling, household chemical waste
management and the closure and maintenance of solid waste sites no longer in use.
Level of Service Standard
CDMP Policy SW 2A establishes the adopted Level of Service (LOS) standard for the County's
Solid Waste Management System. This CDMP policy requires the County to maintain sufficient
waste disposal capacity to accommodate waste flows committed to the System through long-term
contracts or interlocal agreements with municipalities and private waste haulers, and anticipated
uncommitted waste flows, for a period of five years. The DSWM assesses the solid waste capacity
on a system -wide basis since it is not practical or necessary to make a determination concerning
the adequacy of solid waste disposal capacity relative to individual applications. As of FY 2016-
2017, the DSWM is in compliance with the Countywide Waste Management System's adopted
LOS standard.
Application Impacts
The application requests redesignation of the site from "Estate Density Residential" to "Business 112
and Office." The applicant intends to replace and modernize the existing 7-Eleven gasoline and
October 2017 Cycle 4-18 Application No. 4
convenience facility with a new 7-Eleven facility that will provide enhanced services to the
surrounding area. An existing single family home located on the southernmost parcel of the
application site that is currently serviced by the Department of Solid Waste Management (DSWM)
would be demolished as part of the proposed expansion, which would have a negligible impact
on DSWM services. The existing 7-Eleven located at this site currently receives, and will likely
continue to receive, waste collection service from a private hauler.
The requested amendment will have no substantial impact or associated costs relative to Solid
Waste Collection and Disposal services and facilities; therefore, the DSWM has no objection to
the proposed changes.
Parks
Level of Service Standard
CDMP Policy ROS-2A establishes the adopted minimum Level of Service (LOS) standard for the
provision of recreation open space in the Miami -Dade County. This CDMP policy requires the
County to provide a minimum of 2.75 acres of local recreation open space per 1,000 permanent
residents in the unincorporated areas of the County and a County -provided, or an annexed or
incorporated, local recreation open space of five acres or larger within a three-mile distance from
residential development. The acreage/population measure of the LOS standard is calculated for
each Park Benefit District. A Park Benefit District is considered below LOS standard if the
projected deficiency of local recreation open space is greater than five acres. Currently, PBD-2
has a surplus capacity of 473.18 acres of parkland, when measured by the County's concurrency
LOS standard of 2.75 acres of local recreation open space per 1,000 permanent residents.
The "County Local Parks" table below lists the parks within a 3-mile radius of the application site;
two parks (Blue Lakes Park and Brothers to the Rescue Park) are larger than the required
minimum provision of five -acres of local recreational open space.
County Local Parks
minis a 3-mne Kaaws
or Appimaxion mite
Park Name
Acreage
Classification
Banyan Park
3.14
Neiahborhood Park
Banyan Drive Park
0.80Mini-Park
Blue Lakes Park
6.00
Ne*ahborhood Park
Brothers to the Rescue Memorial Park
5•70
Sinale Puroose Park
Coral Villas Park
0.37
Mini Park
Hammock Lake Park
0.17Mini-Park
Humble Mini Park
0.50
Mini -Park
Miller Drive Park
4.07
Community Park
Schenley Park
2.00
Neiahborhood Park
Sudlow Park
1.12
Mini -Park
Sunkist Park
0.77
Neiahborhood Park
Source: Miami -Dade County Parks, Recreation and Open Space Department, January 2018.
Application Impacts
The potential development of the site under the existing CDMP land use designation is estimated
at 3 single-family dwelling units, with a potential population of up to 8 persons, resulting in an
Impact of 0.02 acres based on the Level of Service standard for the provision of local recreational
open space.
Under the requested "Business and Office" designation, the potential for residential development
under the proposed land use designation is estimated at 7 single-family dwelling units with an 113
October 2017 Cycle 4-19 Application No. 4
4
estimated population up to 19 persons. The concurrency analysis for this scenario results in an
impact of 0.05 acres based on the minimum Level of Service standard for the provision of local
recreation open space and therefore meets concurrency.
However, the applicant's proffered Declaration of Restrictions (covenant) states that
notwithstanding the redesignation of the property from "Estate Density Residential" to "Business
and Office," the use of the property shall be limited to a gasoline station with ancillary convenience
store. If this application is adopted with acceptance of the proffered covenant and the
development is in accordance with the covenant, then there will be no residential development
and therefore there would be no additional impact to the Level of Service standard for the
provision of local park acres.
Fire and Rescue Service
The application area is currently served by Miami -Dade Fire Rescue Station No.14 (South Miami)
located at 5860 SW 70 Street. The station is equipped with a Rescue and Aerial totaling seven
(7) firefighter/paramedics, 24 hours a day, seven days a week.
Average travel time to incidents in the vicinity of the subject application is approximately 6:19
minutes. Performance objectives of national industry standards require the assembly of 15-17
firefighters on -scene within 8 minutes at 90% of all incidents. Travel time to the vicinity of the
subject application complies with the performance objective of national industry.
The current "Estate Density Residential" will allow a potential development which will generate
four (4) annual alarms. The proposed "Business & Office" designation will allow a potential
development which is anticipated to generate seven (7) annual alarms. The seven (7) annual
alarms will result in a minimal impact to existing fire rescue service. Presently, fire and rescue
service in the vicinity of the subject application is adequate.
The required fire flow for the proposed "Business & Office" designation shall be 3,000 gallons per
minute (GPM). Fire hydrants shall be spaced a minimum of 300' from each other and shall deliver
not less than 1,000 GPM. Presently, there are no fire flow deficiencies in the vicinity of the
application.
Level of Service Standard for Fire Flow and Application Impacts
CDMP Policy WS-2A establishes the County's minimum Level of Service standard for potable
water. This CDMP policy requires the County to deliver water at a pressure no less than 20
pounds per square inch (psi) and no greater than 100 psi, unless otherwise approved by the
Miami -Dade Fire Rescue Department (MDFR). A minimum fire flow of 3,000 gallons per minute
(GPM) is required for the proposed land use. Fire hydrants shall be spaced a minimum of 300
feet apart and shall deliver not less than 1,000 GPM. MDFR has no objection to Application No.
4.
Police
Current data of police staffing, population, and crimes/calls for service by the Miami -Dade Police
Department was examined to project any increase in calls for service. The Miami -Dade Police
Department determined that existing staffing should accommodate any slight increase in the
volume of calls for service, and that should demand for police services increase beyond current
levels, additional sworn personnel, support staff, and equipment may be required. At this time,
the Miami -Dade Police Department does not have any further comments regarding the proposed
project; specific comments will be provided during the permitting process as needed.
114
October 2017 Cycle 4-20 Application No. 4
s
Public Schools
The applicant has proffered a covenant that would restrict the use of the property to a gasoline
station with an ancillary convenience store, on the application site should the application be
approved with acceptance of the covenant. Therefore, Miami -Dade County Public Schools would
not be impacted by the application as proposed (see Applicant's Proffered Declaration of
Restrictions on Appendix page 29).
Roadways
The application site is a t1.31-acre property located at the southwest corner of SW 56
Street/Miller Drive and SW 67 Avenue/Ludlam Road in unincorporated Miami -Dade County. The
subject application site is inside the County's Urban Infill Area (UTA), the County's designated
Transportation Concurrency Exception Area (TCEA). The Concurrency Management Program in
the Capital Improvement Element (CIE) of the CDMP states that "A proposed development
located within the Urban Infill Area will not be denied a concurrency approval for transportation
facilities provided that the development is otherwise consistent with the adopted Comprehensive
Development Master Plan..." (CIE page IX-17).
The property has two accesses from SW 56 Street and SW 67 Avenue. SW 56 Street is a four -
lane divided roadway to the west of SW 67 Avenue and a two-lane undivided roadway to the east
of SW 67 Avenue; having an interchange with SR 826/Palmetto Expressway about one mile to
the west. SW 67 Avenue, a two-lane undivided roadway, provides access to US-1/South Dixie
Highway to the south. SR 826 and US-1 provide connectivity to other regions in the County.
Traffic conditions are evaluated by the level of service (LOS), which is represented by one of the
letters "A" through "F", with A generally representing the most favorable driving conditions and F
representing the least favorable.
Existing Conditions
Existing traffic conditions on major roadways adjacent to and in the vicinity of the application site,
which are currently monitored by the State (Year 2016) and the County (Year 2016), are operating
at acceptable levels of service. See "Traffic Impact Analysis on Roadways Serving the
Amendment Site" table below.
Trip Generation
The maximum development potential scenarios under each of the existing and requested CDMP
Land Use Plan designations were analyzed for traffic impacts. Under the current CDMP land use
designation of "Estate Density Residential" the application site is assumed to be developed with
one single-family home and 10,280 sq. ft. of retail uses and under the requested CDMP land use
designation of "Business and Office" the application site can be developed with 22,825 sq. ft. of
retail uses. The potential development under the current CDMP land use designation of "Estate
Density Residential" is expected to generate approximately 88 PM peak hour trips and under the
requested CDMP land use designation of "Business and Office" it is expected to generate
approximately 147 PM peak hour trips or approximately 59 more PM peak hour trips than the
current CDMP designation. See "Estimated PM Peak Hour Trip Generation" table below.
115
October 2017 Cycle 4-21 Application No. 4
Estimated PM Peak Hour Trip Generation
By Current and Requested CDMP Land Use Designations
Current CDMP
Requested CDMP
Estimated Trip
Difference Between
Application Designation
Designation and
Current and Requested
No. 4 and Assumed Use /
Assumed Use /
CDMP Land Use
Estimated No. Of Trips
Estimated No. Of Trips
Designation
"Estate Density
"Business and Office"
Residential (1 - 2.5
du/ac)"
1 single-family 22,825 sq. ft.
residence' retail uses
and
10,280 sq. ft. retail uses2
88 147 +59
Source: Institute of Transportation Engineers, Trip Generation, 9th Edition, 2012; Miami -Dade County Department of
Regulatory and Economic Resources, February 2017.
Notes:
' — ITE Land Use Code used for Single -Family is 210.
2 — ITE Land Use Code used for Retail is 820.
Traffic Concurrency Evaluation (Concurrency)
An evaluation of peak -period traffic concurrency conditions was conducted as of February 2018,
which considers reserved trips from approved development not yet constructed, programmed
roadway capacity improvements listed in the first three years of the County's adopted 2018
Transportation Improvement Program (TIP), and the PM peak hour trips estimated to be
generated by the application under the requested CDMP LUP map designation. This evaluation
determined that all roadways monitored for concurrency adjacent to and in the vicinity of the
application site that were analyzed have available capacity to handle the additional traffic impacts
that would be generated by the application. The "Traffic Impact Analysis of Roadways Serving
the Amendment Site Under the Requested CDMP Designation" table below shows that all
roadways analyzed are projected to operate at acceptable levels of service.
116
October 2017 Cycle 4-22 Application No. 4
Traffic Impact Analysis of Roadways Serving the Amendment Site
Roadway Lanes, Existing and Concurrency PM Peak Period Operating Level of Service (LOS)
Sta.
Num.
Adopted
Peak Hour
Peak
Existing
Approved Total
Trips With
Conc.
Amend-
ment
Total
Trips
Concurrency
Num.
Roadway
y
Location/Link
Lanes
LOS Std.*
Cap.
Hour
LOS
D.O s
D.O's
LOS w/o
Peak Hour
With
LOS with
Vol.
Trips
Trips
Amend.
Trips
Amend.
Amend.
Requested CDMP Designation:
"Business and Office" -
22,825 sq. ft. retail uses.
9260
SW 56 Street/
Miller Drive
W/O SW 57 Avenue
2 UD
E
2,250
1,265
B
4
1,269
B
27
1,296
B
9261
SW 56 Street/
W/O SW 67 Avenue/
4 DV
E
2,580
2,373
D
2
2,375
D
28
2,403
D .
Miller Drive
Ludlam Road
9242
SW 67 Avenue/
S/O SW 40 Street/ Bird
2 UD
E
1,770
1,344
C
14
1,358
C
53
1,411
C
Ludlam Road
Road
9243
SW 67 Avenue/
N/O SW 72 Street/ Sunset
2 UD
E
1,400
697
D
6
703
D
39
742
D
Ludlam Road
Drive
Source: Compiled by the Miami -Dade County Department of Regulatory and Economic Resources and Florida Department of Transportation, February 2018.
Notes: DV= Divided Roadway; UD=Undivided Roadway.
* County adopted roadway level of service standard applicable to the roadway segment: D (90% capacity), and E (100% capacity).
October 2017 Cycle 4-23 Application No. 4
Application Impact
The maximum development potential scenarios under the existing and requested CDMP Land
Use Plan designations were analyzed for traffic impacts. Under the current CDMP land use
designation of "Estate Density Residential' the application site is assumed to be developed with
1 single-family home and 10,280 sq. ft. of retail uses and under the requested CDMP land use
designation of "Business and Office" the application site can be developed with 22,825 sq. ft. of
retail uses. The potential development under the current CDMP land use designation of "Estate
Density Residential' is expected to generate approximately 88 PM peak hour trips and under the
requested CDMP land use designation of "Business and Office" it is expected to generate
approximately 147 PM peak hour trips or approximately 59 more PM peak hour trips than the
current CDMP designation.
The concurrency analysis determined that all roadways adjacent to and in the vicinity of the
application site analyzed have available capacity to handle the additional traffic impacts that would
be generated by the application and are projected to operate at acceptable levels of service. See
"Traffic Impact Analysis of Roadways Serving the Amendment Site" table above.
Transit
Existing Service
The application site is directly served by Metrobus Routes 56 and 73, which operate along SW
56 Street and SW 67 Avenue. Two Metrobus stops are located on the application site, namely for
Metrobus Route 56 on south side of Miller Drive and for Metrobus Route 73 located on the west
side of SW 67 Avenue. The service frequency of this route is shown in the "Metrobus Route
Service Summary" table below.
Metrobus Route Service Summa
Service Headways (in minutes)
Proximity
Routes Peak
Off -Peak Evenings
Saturday Sunday
to Bus
Route
Type of
Service
(AM/PM)
(middays) (after 8 pm)
(miles)
56 40
60 n/a n/a n/a
0.1
OF
73 30
40 60 60 60
0.1
OF
Source: 2017 Transit Development Plan, Miami -Dade Transit (August 2017 Line Up), January 2018.
Notes: L means Metrobus local route service; F means Metrobus feeder service to Metrorail.
Recent Service Improvements
Un 2017, peak frequency was reduced from 40 minutes to 60 minutes for Metrobus Route 56. The
service span for Metrobus Route 56 was also shortened to 6:00 am — 6:00 pm. Additionally in
2017, P.M. northbound headways were adjusted from 30 minutes to 35 minutes for Metrobus
Route 73 as well as weekday running times adjustments.
Future Service Improvements
Service adjustments and improvements scheduled for implementation in 2018 are currently under
development.
Long -Term Vision: Maior Transit Projects
There are no major transit projects planned for the future in the immediate vicinity of the
application site.
118
October 2017 Cycle 4-24 Application No. 4
Aaalication Impact
A preliminary analysis performed in the Traffic Analysis Zone (TAZ) 1018 where the subject
application is located, indicates that if the application is approved, the expected incremental transit
impacts generated by the requested land use amendment are minimal and can be handled by the
existing transit service in the area.
Aviation
Miami -Dade County Aviation Department (MDAD) does not object to the proposed CDMP
amendment provided that all uses comply with federal, state and local aviation regulations,
including Chapter 33, Zoning, of the Code of Miami -Dade County as it pertains to airport zoning.
WRY
October 2017 Cycle 4-25 Application No. 4
Consistency Review with CDMP Goals, Objectives, Policies, Concepts and Guidelines
The proposed application will further the following goals, objectives, policies, concepts and
guidelines of the CDMP:
LU-1. The location and configuration of Miami -Dade County's urban growth through the year
2030 shall emphasize concentration and intensification of development around
centers of activity, development of well -designed communities containing a variety of
uses, housing types and public services, renewal and rehabilitation of blighted areas,
and contiguous urban expansion when warranted, rather than sprawl.
LU-1 C. Miami -Dade County shall give priority to infill development on vacant sites in currently
urbanized areas, and redevelopment of substandard or underdeveloped
environmentally suitable urban areas contiguous to existing urban development where
all necessary urban services and facilities are projected to have capacity to
accommodate additional demand.
LU-1 G. Business developments shall preferably be placed in clusters or nodes in the vicinity of
major roadway intersections, and not in continuous strips or as isolated spots, with the
exception of small neighborhood nodes. Business developments shall be designed to
relate to adjacent development, and large uses should be planned and designed to
serve as an anchor for adjoining smaller businesses or the adjacent business district.
Granting of commercial or other non-residential zoning by the County is not
necessarily warranted on a given property by virtue of nearby or adjacent roadway
construction or expansion, or by its location at the intersection of two roadways.
.LU-4A. When evaluating compatibility among proximate land uses, the County shall consider
such factors as noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic,
parking, height, bulk, scale of architectural elements, landscaping, hours of operation,
buffering, and safety, as applicable.
LU-4C. Residential neighborhoods shall be protected from intrusion by uses that would disrupt
or degrade the health, safety, tranquility, character, and overall welfare of the
neighborhood by creating such impacts as excessive density, noise, light, glare,
odor, vibration, dust or traffic.
LU-10A. Miami -Dade County shall facilitate contiguous urban development, infill,
redevelopment of substandard or underdeveloped urban areas, moderate to high
intensity activity centers, mass transit supportive development, and mixed -use
projects to promote energy conservation. To facilitate and promote such
development Miami -Dade County shall orient its public facilities and infrastructure
planning efforts to minimize and reduce deficiencies and establish the service
capacities needed to support such development.
CIE-3. CDMP land use decisions will be made in the context of available fiscal resources such
that scheduling and providing capital facilities for new development will not degrade
adopted service levels.
120
October 2017 Cycle 4-26 Application No. 4
t
APPENDICES
Appendices
Page
Appendix A: Amendment Application.................................................... 3
Appendix B: Proffered Declaration of Restrictions ................................. 29
Appendix C: Fiscal Impact Analysis ..................................................... 43
Appendix D: Photos of Site and Surroundings ....................................... 49
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October 2017 Cycle Appendices Page 1 Application No. 4
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October 2017 Cycle Appendices Page 2 Application No. 4
APPENDIX A
Amendment Application
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October 2017 Cycle Appendices Page 3 Application No. 4
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124
October 2017 Cycle Appendices Page 4 Application No. 4
APPLICATION TO AMEND THE
LAND USE PLAN MAP OF THE
COMPREHENSIVE DEVELOPMENT MASTER PLAN
1. APPLICANT
7-Eleven, Inc.
3200 Hackbery Road
Irving, Texas 75063
2. APPLICANT'S REPRESENTATIVE
Jerry B. Proctor, Esq.
Jerry B. Proctor, P.A.
9130 S. Dadeland Boulevard, Suite 1700
Miami, FL 33156
305-779-2924
irroctor()proctorpa. com
By: / 0-31- / 7
B. V octor, Esq. Date
3. DESCRIPTION OF REQUESTED CHANGE
A. Changes to the Land Use Plan Map. Applicant requests a
change to the Land Use
Plan (LUP) map designation on the subject property from
" " bew ensity Residential' to
"Business and Office". EJ✓1�aw
FF
r
T.
0
0
a
U
N
w
125
October 2017 Cycle Appendices Page 5 Application No. 4
B. Description of the Subject Property (the "Property"}
The Property contains approximately 1.31 gross acres and is located at the
southwest corner of SW 56 Street (Miller Drive) and SW 67 Avenue (Ludlam
Road), in Section 26, Township 54, Range 40, as more particularly described in
the sketch and legal attached to this application as Exhibit "A". The Property
contains addresses 6700 and 6720 Miller Drive and 5620 SW 67 Avenue.
C. Gross and Net Acreage
Application area: 1.31 gross acres
Acreage Owned by Applicant: 0.39 acres; 0.92 acres under contract
Acreage to be changed to Business and Office: 1.31 acres
D. Requested Change
1. Applicant requests that the Property be re -designated on the Land Use Plan
Map from "Estate Density Residential" to "Business and Office" for all 3
Properties.
2. Applicant requests that the Application be processed as an expedited small-
scale amendment.
4. REASONS FOR AMENDMENT
The Applicant is requesting the re -designation of the Property from "Estate Density
Residential" to "Business and Office". The Property consists of three parcels, with a total area
of 1.31 gross acres (1.31 net acres). The requested amendment seeks a re -designation of the
Property from `Estate Density Residential" to "Business and Office" for the entire Property on
the Future Land Use Map. The proposed amendment will allow for the redevelopment of the
Property with commercial uses to serve the surrounding residential area. The Property is
currently improved with a gas station and convenience store (6700 Miller Drive), a car wash (6720
Miller Drive), and a single-family residence (5620 SW 67 Avenue). The single-family residence
sits on 0.70 acres.
The Property is located at the intersection of Miller Drive and Ludlam Road, two section
line roadways. Accordingly, the Property is ideally situated for commercial and retail uses due
to its location at the: intersection of two major thoroughfares with a high volume of vehicular trips.
The proposed re -designation of the Property to "Business and Office" is consistent with the
Guidelines for Urban Form which provide that the "intersections of section line roads shall serve
as focal points of activity, hereafter referred to as activity nodes. When commercial uses are
warranted, they should be located within these activity nodes". The approval of the request
would conform with and promote the implementation of these Guidelines by providing
commercial uses to serve the surrounding residential community and providing much needed
126
October 2017 Cycle Appendices Page 6 Application No. 4
retail services to its residents. The approval of the application would also make the existing gas
station/convenience store use at the intersection of Miller Drive and SW 67 Avenue consistent
with the land Use Plan Map. In addition, the Property is located within Miami -Dade County's
"Urban Infill Area" (UTA). The UTA is the primary area where growth and provision of urban
services are encouraged, in order to preserve environmentally sensitive areas not in the UTA. The
Property's location falls at the intersection of two "arterial" roadways, designed as such in the
CDMP's Transportation Element. Arterial roadways are designed to accommodate high levels
of traffic, to run without interruption for many miles, and to serve numerous communities within
Miami -Dade County.
The Property is located in Minor Statistical Area 5.3, an area of approximately 20 square
miles. Minor Statistical Area 5.3 contains commercial land of 4.4 acres per 1000 persons, about
15 percent less than the County average. Accordingly, these is not an "oversupply" of existing
commercial land that would provide justification to deny this application to add 1.31 acres to the
commercial inventory.
This re -designation is for the sole purpose of modernizing and replacing the existing 7-
Eleven gasoline and convenience facility at the southwest corner of Miller Drive and Ludlam
Road with a new 7-Eleven facility that will be more modern and safer and will provide enhanced
service to the surrounding area. The property at 5620 SW 67 Avenue aligns to its west with an
institutional use (a church and child care facility) which has access solely to Miller Drive. The
property at 5620 SW 67 Avenue aligns for part of its frontage with a multi -family residential
development to the. east across Ludlam Road in the City limits of South Miami. The proposed
re -designation would allow for orderly growth in the proper zoning transitional pattern at this
commercial node and would be the first modernization of the zoning/land use pattern at this
intersection of two section line roadways since the County established commercial zoning on the
corner portion of the Property in 1960.
Additionally, approval of the proposed amendment would further the implementation of
the following CDMP goals, objectives and policies:
LAND USE OBJECTIVE LU-1: The location and configuration of Miami -Dade
County's urban growth through the year 2025 shall emphasize concentration and
intensification of development around centers of activity, development of well -designed
communities containing a variety of uses, housing types of public services, renewal of
rehabilitation of blighted areas, and contiguous urban expansion when warranted, rather
than sprawl.
LAND USE POLICY LU-IC. Miami -Dade County shall give priority to infill
development on vacant sites in currently urbanized areas, and redevelopment of
substandard or underdeveloped environmentally suitable urban areas contiguous to
existing urban development where all necessary urban services and facilities are
projected to have capacity to accommodate additional demand.
127
October 2017 Cycle Appendices Page 7 Application No. 4
LAND USE POLICY LU-ID: In conducting its planning, regulatory, capital
improvement and intergovernmental coordination activities, Miami -Dade County shall
seek to facilitate the planning of communities which include recreational, educational
and other public facilities, houses of worship, places of employment, and safe and
convenient circulation of automotive, pedestrian and bicycle traffic throughout the
communities.
LAND USE POLICY LU-IG: Business developments shall preferably be placed in
clusters or nodes in the vicinity of major roadway intersections, and not in continuous
strips or as isolated spots, with the exception of small neighborhood nodes. Business
Developments shall be designed to serve as an anchor for adjoining small businesses or
the adjacent business district. Granting of Commercial or non-residential zoning by the
county is not necessarily warranted on a given property by virtue of nearby or adjacent
roadway construction or expansion, or by its location at the intersection of two
roadways.
LAND USE POLICY LU-8B: Distribution of neighborhood or community serving retail
sales uses and personal and professional offices throughout the urban area shall reflect
the spatial distribution of the residential population, among other salient social,
economic, and physical considerations.
LAND USE POLICY LU-8E. Applications requesting amendments to the CDMP Land
Use Plan map shall be evaluated for consistency with the Goals, Objectives and Policies
of all Elements, other timely issues, and in particular the extent to which the proposal, if
approved, would:
i) Satisfy a deficiency in the Plan map to accommodate projected population or
economic growth of the County;
ii) Enhance or impede provision of services at or above adopted LOS Siandards;
iii) Be compatible with abutting and nearby land uses and protect the character of
established neighborhoods; and
iv) Enhance or degrade environmental or Historical resources, features or systems of
County signi$eance; and
v) If located in a planned Urban Center, or within 114 mile of an existing or planned transit
station, exclusive busway stops, transit center, or standard or express bus stop served by
peak period headways of 20 or fewer minutes, would be a use that promotes transit
ridership and pedestrianism as indicated in. the policies under Objective LU-7, Herein.
LAND USE POLICY LU-10A. Miami -Dade County shall facilitate contiguous urban
development, infill, redevelopment of substandard or underdeveloped urban areas, high
intensity activity centers, mass transit supportive development, and mixed -use projects to
promote energy conservation.
5. ADDITIONAL MATERIAL SUBMITTED
Additional items in support of this application may be submitted at a later date.
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October 2017 Cycle Appendices Page 8 Application No. 4
6. COMPLETED DISCLOSURE FORMS
Attached as Exhibit "C"
Attachments: Legal Descriptions for the Property and Parcels - Exhibit "A"
Location Map for Application - Exhibit "B"
Disclosure of Interest Form - Exhibit "C"
Aerial Photograph - Exhibit "D"
Section Sheet - Exhibit "E"
129
October 2017 Cycle Appendices Page 9 Application No. 4
EXHIBIT "A"
LEGAL DESCRIPTION FOR PROPERTY
EAST PARCEL
THE EAST 165 FEET OF LOT 9, BLOCK 1, OF BEVERLY 13E PAGCCORDING TO
E 68, OF THE
THE PLAT THEREOF, AS RECORDED IN PLAT VOOK 4
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE
NORTHERLY 15 FEET THEREOF FOR RIGHT-OF-WAY.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF SW 67TM AVENUE70 OOT OF H 56TM
WAY BY PLAT) WITH THE SOUTHERLY RIGHT-OF-WAY
STREET (A VARYING WIDTH RIGHT-OF-WAY AS NOW ESTABLISED); H CONCAVE
POINT BEING THE POINT OF THE CURVE OF A CURVE
SOUTHWESTERLY HAVING A RADIUS OF 35.00 FEET ; THENCE
NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY
OF 28 89 FEET, INE SA D
ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE
ARC BEING SUBTENDED BY A CHORD BEARING STANCE OF 28.08 EGREES 18
FEET TO A
MINUTES 07 SECONDS WEST AND A CHORD
NON TANGENT CURVE; THENCE SOUTH 87 DEGREES 16 MINUTES 37
SECONDS WEST CONTINUING ALONG SAID RIGHT-ODEGREESF-WAY LINE, A
34 MINUTES 27
DISTANCE OF 145.66 FEET; THENCE SOUTH 02 E
SECONDS EAST DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE; A
DISTANCE OF 103.50 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 9,
AND AFORESAID WESTERLY RIGHT-OF-WAYAVENUE; LINE OF SW 67
THENCE NORTH 02 DEGREES 34 MINUTES 27 SECONDS WEST ALONG SAID
EAST LOT LINE AND WESTERLY RIGHT-OF-WAY S`T ALONG SAID
67 AVENUE;
THENCE NORTH 02 DEGREES 34 MINUTES 27ECON S WEST
EAST LOT LINE AND WESTERLY RIGHT-OF-WAY, A DISTANCE
OF 83.50 FEET TO THE POINT OF BEGINNING
CONTAINING 0.39 ACRES (16,979 SQUARE FEET) MORE OR LESS.
VVEST PARCEL
LOT 9, LESS THE EAST 165 FEET AND THE NORTH 15 FEET THEREOF, IN
BLOCK 1, OF BEVERLY HILLS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 43, PAGE 68, OF THE PUBLLIC RECORDS OF
MIAMIT-DADEtOUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCEM COMMENCE AT THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF SW 67TM AVENUE (A 70 FOOT RIGHT-
130
October 2017 Cycle Appendices Page 10 Application No. 4
OF -WAY BY PLAT) WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SW 66TH
STREET (A VARYING WIDTH RIGHT-OF-WAY AS NOW ESTABLISHED); SAID
POINT BEING THE POINT OF CURVE, CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY ALOND SAID WESTERLY
RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE, AN ARC
DISTANCE OF 28.89 FEET, SAID ARC BEING SUBTENDED BY A CHORD
AND A
BEARING OF NORTH 47 DEGREES 18 MINUTES 07 SECONDS WAS
CHORD DISTANCE OF 28.08 FEET TO A NON TANGENT CURVE; THENCE
SOUTH 87 DEGREES 16 MINUTES 37 SECONDS WEST CONTINUING ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 145.66 FEET TO THE POING OF
BEGINNING; THENCE SOUTH 02 DEGREES 34 MINUTES 27 SECONDS EAST
DEPARTING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 103.50 FEET TO A
POINT ON THE SOUTH LINE OF SAID LOT 9; THENCE SOUTH 87 DEGREES
16 MINUTES 37 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF
90.58 FEET TO THE WEST LINE OF SAID LOT 9; THENCE NORTH 02
DEGREES 34 MINUTES 27 SECONDS WEST ALONF SAID WEST LINE, A
DISTANCE OF 103.50 FEET TO A POINT ON AFORESAID SOUTHERLY RIGHT-
OF-WAY INE OF SW 56TH STREET; THENCE NORTH 97 DEGREES 16
MINUTES 37 SECONDS EAST ALONF SAID SOUTHERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 90.58 FEET TO THE PONT OF BEGINNING.
CONTAINING 0.22 ACRES (9.375 SQUARE FEET) MORE OR LESS.
SOUTH PARCEL
LOT 10, BLOCK 1, OF BEVERLY HILLS, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 43, PAGE 68, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
131
October 2017 Cycle Appendices Page 11 Application No. 4
Exhibit 'B"
Location Map for Application
APPLICANTSIREPRESENTATIVE
7-Fleven, IncJJerry B. Proctor, Esq.
DESCRIP'rION OF SUBJECT AREA
The Property contains approximately 1.3 acres located in Section 26, Township 54,
Range 40. The property contains addresses 6700 SW 56 Street, 6720 SW 56 Street, and
5620 S W 67 Avenue. The property is located on the southwest comer of SW 56'h Street
and SW 67'^ Avenue.
LOCATION MAP
A. 7-Eleven, Inc., Applicant and Owner (Parcel 1) (0.39 Acres) (6700 SW 561' Street)
B. 7-F�leven, Inc., Applicant and Contract Purchaser (Parcel 2) (.022 Acres) (6720 SW
56 Street)
C. 7-Eleven, Inc., Applicant and Contract Purchaser (Parcel 3) (0.70 Acres) (5620 SW
671h Avenue)
lL' ! M— Property Owned by Applin"t
OProjea Bound.ry
132
October 2017 Cycle Appendices Page 12 Application No. 4
EXHIBIT "C"
DISCLOSURE OF INTEREST
This form or a facsimile must be filed by all applicants having an ownership interest in any real property
covered by an application to amend the Land Use Plan map. Submit this form with your application. Attach
additional sheets where necessary.
1. APPLICANT (S) NAME ANDADDRESS:
APPLICANT A: 7-Eleven. Inc. - 3200 Hackbeny Road - Irving, TX 75063
Use the above alphabetical designation for applicants in completing Sections 2 and 3. below.
2. PROPERTY DESCRIPTION: Provide the following information for all properties in the
application area in which the applicant has an interest. Complete information must be provided
for each parcel.
SIZE IN
APPLICANT OWNER OF RECORD FOLIO NUMBER ACRES
A 7-Eleven. Inc. 7-Eleven, Inc. 30-4026-010-0090 0.39 Ac.
B. 7-Eleven. Inc. Miller 6720 LLC 30-4026-010-0091 0.22 Ac.
C. 7-Eleven. Inc. All In Investment Group LLC aka All 30-4026-010-0100 0.70 Ac.
In investment Group Corp.
For each applicant, check the appropriate column to indicate the nature of the applicant's interest in the
property identified in Section 2 above.
CONTRACTOR OTHER (Attach
,Appt ICANT OURS -MR r PSSEE FOR PURCHASE Explanation)
A X
B X
C X
133
October 2017 Cycle Appendices Page 13 Application No. 4
3. DISCLOSURE OF APPLICANTS INTEREST: Complete all appropriate sections and
indicate N/A for each section that is not applicable.
a. if the applicant is an individual (natural person) listthe applicant and all other individual owners
below and the percentage of interest held by each.
FNDIVIDUAL'S NAMEAND ADDRESS
PERCENTAGE
Of R4 TEREST
b. If the applicant is a CORPORATION, list the corporation's name, the name and address of the
principal stockholders and the percentage of stock owned by each. [Note: where the principal
officers or stockholders, consist of another corporation (s), trustee(s), partnership(s) or other
similar entities, further disclosure shall be required which discloses the identity of the
individpal(s) (natural persons) having the ultimate ownership interest in the aforementioned
entity.].
CORPORATION NAME: 7-Eleven, Inc., a Texas corporation —see attacbed Disclosure of Interest fom
PERCENTAGE OF
STOCK
C. If the applicant is a TRUSTEE, list the trustee's name, the name and address of the beneficiaries
of the trust, and the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s), partnership(s), or other similar entities,
further disclosure shall be required whichdiscloses the identity ofthe individual
(s) (natural persons) having the ultimate ownership interest in the aforementioned entity).
TRUSTEESNAME: --
134
October 2017 Cycle Appendices Page 14 Application No. 4
s r
If any contingency clause or contractterms involve additional parties, list all individuals or officers if a
corporation, paftership, or trust.
4. DISCLOSURE OF OWNER'S INTEREST: Complete only if an entity other than the applicant is
the owner of record as shown on 2.a., above.
a. if the owner is an individual (natural person) list the applicant and all other individual owners
below and the percentage of interest held by each.
INDI'VIDUAVS NAME AND ADDRESS PERCENTAGE OF
INTEREST
b. If the owner is a CORPORATION, list the corporation's name, the name and address of the
principal stockholders and the percentage of stock owned by each. [Note: where the principal
officers or stockholders consist of another corporation(s), trustee(s) partnership(s) or other
similar entities, further disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership interest in the aforementioned
entity.]
CORPORATION NAME:
PERCENTAGE OF
NAME ADDRESS, AND OFFICE (if applicable) STOCK
c. If the owner is a TRUSTEE, and list the trustee's name, the name and address of the beneficiaries
of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries
consist of corporation(s), another trust(s), partnerships) or other similar entities, further
disclosure shall be required which discloses the identity of the indivldual(s) (natural persons)
having the ultimate ownership interest in the aforementioned entity.
135
October 2017 Cycle Appendices Page 15 Application No. 4
BENEFICIARY'S NAME AND ADDRESS
PERCENTAGE OF
INTEREST
d. If the applicant is a PARTNERSHIP or LIMITED PARTNERSHIP, list the name of the
partnership, the name and address of the principals of the partnership, including
general and limited partners and the percentage of interest held by each partner. [Note:
where the partner (s) consist of another partnership(s), corporation (s) trust (s) or other
similar entities, further disclosure shall be required which discloses the identity of the
individual (s) (natural persons) having the ultimate ownership interest in the
aforementioned entity ].
PARTNERSHIP NAME:
NAME AND ADDRESS OF P RTNERS
PERCENTAGE OF
INTEREST
e. If the applicant is party to a CONTRACT FOR PURCHASE, whether contingent on this
application or not, and whether a Corporation, Trustee, or Partnership, list the names
of the contract purchasers below, including the principal officers, stockholders,
beneficiaries, or partners. [Note: where the principal officers, stockholders,
beneficiaries, or partners consist of another corporation, trust, partnership, or other
similar entities, further disclosure shall be required which discloses the identity of the
Individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
PERCENTAGE OF
NAME AND ADDRESS _INTEREST
Date of Contract:
136
October 2017 Cycle Appendices Page 16 Application No. 4
a.
If any contingency clause or contract terms involve additional parties, list all individuals or officers
if a corporation,partnership, or trust.
5. DISCLOSURE OF OWNER'S INTEREST: Complete only If an entity other than the
applicant is the owner of record as shown on 2.a., above.
If the owner is an individual (natural person) list the applicant and all other individual
owners below and the percentage of interest held by each.
INDIVIDUAL'S NAME AND ADDRESS
PERCENTAGE OF
INTEREST
b. If the owner is a CORPORATION, list the corporation's name, the name and address
of the principal stockholders and the percentage of stock owned by each. [Note: where
the principal officers or stockholders consist of another corporation(s), trustee(s)
partnership(s) or other similar entities, further disclosure shall be required which
discloses the Identity of the individual(s) (natural persons) having the ultimate
ownership interest in the aforementioned entity.]
CORPORATION NAME: Miller 6720 LLC
PERCENTAGE OF
NAME, ADDRESS, AND OFFICE (if applicablel STOCK
PERCENTAGE OF
STOCK
David Hood 100%
20 Porto Mar Unit 702
Palm Coast, Fl. 32137
If the owner Is a TRUSTEE , and list the trustee's name, the name and address of the
beneficiaries of the trust and the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s) , another trust(s), partnership(s) or
other similar entities, further disclosure shall be required which discloses the identity of
137
October 2017 Cycle Appendices Page 17 Application No. 4
Applicanfs Signatures and
Printed Names i}A lII P� 672D L L
David Hood
Sworn to and subscribed before me
this day, of
01,
Notary Public, Stale of Florida at Large(SEALI
2andra 5emblewskl
Notary Public
Stale of Florida
MY Gommtsion Fxp'ves 12I2SIi9
Commission No. FF M155
MY.]
October 2017 Cycle Appendices Page 18 Application No. 4
if any contingency clause or contract terms involve additional parties, list all individuals or officers
if a corporation, partnership, or trust.
6. DISCLOSURE OF OWNER'S INTEREST: Complete only if an entity other than the
applicant is the owner of record as shown on 2.a., above.
a. if the owner is an individual (natural person) list the applicant and all other individual
owners below and the percentage of interest held by each.
IND V DUAL.'S 14AME AND ADDRESS
PERCENTAGE OF
INTEREST
b. if the owner is a CORPORATION, list the corporation's name, the name and address of
the principal stockholders and the percentage of stock owned by each. [Note: where the
principal officers or stockholders consist of another corporation(s), trustee(s)
partnership(s) or other similar entities, further disclosure shall be required which
discloses ' the identity of the individual(s) (natural persons) having the ultimate
ownership interest in the aforementioned entity.]
CORPORATION NAME:
PERCENTAGE OF
ME ADDRESS AND OFFICE if anplicabi STOCK
139
October 2017 Cycle Appendices Page 19 Application No. 4
Ali In investment Group LLC
Lizette Vale as Trustee of the MGG Revocable Trust. dated March 3 2016 °
Andres Gomez as Trustee of the AG Revocable Trust, dated March 3. 2016 52%
C. If the owner is a TRUSTEE, and list the trustee's name, the name and address of the
beneficiaries of the trust and the percentage of interest held by each. (Note: where the
beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or
other similar entities, further disclosure shall be required which discloses the Identityof
the individual(s) (natural persons) having the ultimate ownership interest in the
aforementioned entity].
TRUSTEE'S NAME: Uzette Vale, as Trustee of the MGG Revocable Trust, dated March 3, 2016
BENEFICIARY'S NAMEAND ADDRESS
Uzette Vale
6961 SW 62 Street
Miami, FL 33143
PERCENTAGE OF
INTEREST
100%
TRUSTEE'S NAME: Andres Gomez, as Trustee of the AG Revocable Trust, dated March 3, 2016
BENEFICIARY'S NAMEAND ADDRESS
Andres Gomez
6961 SW 62 Street
Miami, FL 33143
PERCENTAGE OF
INTEREST
100%
d. If the owner is a PARTNERSHIP or LIMITED PARTNERSHIP, list the name of the
partnership, the name and address of the principals of the partnership, including general
and limited partners, and the percentage of interest held by each. [Note: where the
partner(s) consist of another partnership(s) corporation(s) trust(s) or other similar entities,
further disclosure shall be required which discloses the identity of the indivldual(s)
(natural persons) having the ultimate ownership interest in the aforementioned entity].
PARTNERSHIP NAME:
NAME AND ADDRESS OF PARTNERS
PERCENTAGE OF
OWNERSHIP
140
October 2017 Cycle Appendices Page 20 Application No. 4
2017-10.31 09:10 Wetls Fargo 8282552446 >> 8664809591 P 2/2
PERCENTAGE OF
NAME ADDRESS AND OFFICE rdaoollcablel�
Date of Contract
If any contingency clause or contract terms involve additional parties, list all individuals or officers, It a
corporation. partnership, of lrUat.
For any changes Of ownership or changes In contracts for purchase subsequent to the date of the
applicaliop but prior to the date of the final public hearing, a supplemental dlscimure of Interest shall be
filed.
Thu above Is a full dlsciasura of all parties of Interest In this application to the beat of my knowledge and
behalf.
Appll I 's S 'inaturos antl Pri to Names
lL[irr f/hL _
Swom to end subauribed before me
this Slec- doyof C25t a.r .2017
Notary Public. ShatoWeAft at Large(SEAL) S, .,A NC,
N` TRACI J DIBLASIO
NOTARY PUBUC
Buncombe County, NC
My Commisslon Expires July 20, 2018
141
October 2017 Cycle Appendices Page 21 Application No. 4
DISCLOSURE OF INTEREST
7-Eleven, Inc.
7-Eleven, Inc., a Texas corporation, is wholly owned by SEJ Asset Management &
Investment Company CSAM."), a Delaware corporation. SAM is wholly controlled by
Seven -Eleven Japan Co., Ltd. ("SEJ"), a Japanese corporation. SEJ is wholly
owned by Seven & i Holdings Co., Ltd., a Japanese corporation, whose stock is
publicly traded on the Tokyo Stock Exchange.
142
October 2017 Cycle Appendices Page 22 Application No. 4
Slignature Addendum
7-ELEVEN, INC.,
a Texas rporation
BY'
Na eneisha Miller
Title: Assistant Secretary
STATE Or TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a (Votary Public in and for the County and State aforesaid, on this
day personally appeared Keneisha Miller an Assistant Secretary, of 7-ELEVEN, INC., a Texas
corporation, known to me• to be the persons whose names are subscribed to the foregoing
Instrument, and ack iowledged to me that the same was the act. of the said corporation, and
that they'executed the same as the act of such corporation far the purposes and consideration
therein. expressed Gild in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of October, 2017.
NOTARY PUBLIC
MVcgmmissign expires:
TIAWANA HALL
I volmy Public, swe of Tew
fv myt Comm. Ea001 tzvm
143
October 2017 Cycle Appendices Page 23 Application No. 4
My Commission Expires:
Disclosure shall not be required of any entity, the equity interest in which are regularly traded on an
established securities market in the United States or other country; or pension funds or pension trusts of
more than five thousand (5,000) ownership Interests; any entity where ownership interests are held in a
partnership, corporation or trust consisting of more than live thousand (5,000) separate interests including
all Interests at each level of ownership, and no one pension or entity holds more than a total of five (5)
percent of the ownership interest in the partnershlp, corporation or trust; or of any entity, the ownership
interest of which are held in a partnership, corporation or trust consisting of more than 5,000 separate
Interests and where no one person or entity holds more than a total of 5% of the ownership interest in the
partnership, corporation or trust. Entities whose ownership interests are held in partnership corporation,
or trust consisting of more than five thousand (5,000) separate interests, including all interests at every
level of ownership, shall only be required to disclose those ownership interest which exceed five (5) percent
of the ownership interest in the partnership, corporation or trust.
144
October 2017 Cycle Appendices Page 24 Application No. 4
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APPENDIX C
Proffered Declaration of Restrictions
149
October 2017 Cycle Appendices Page 29 Application No. 4
THIS PAGE INTENTIONALLY LEFT BLANK
150
October 2017 Cycle Appendices Page 30 Application No. 4
This instrument was prepared by:
Name:
Address:
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned, 7-Eleven, Inc., Miller 6720 LLC, and All In Investment
Group LLC (hereinafter referred to as the "Owners') hold the fee simple title to the land in
Miami -Dade County, Florida, described in Exhibit "A," attached hereto: 7-Eleven, Inc. owns the
"East Parcel", Miller 6720 LLC owns the "West Parcel", and All In Investment Group LLC
owns the "South Parcel"; and hereinafter called the "Property," which is supported by the
Opinion of Title; and
WHEREAS, the Owner has applied for an amendment to the Miami -Dade County
Comprehensive Development Master Plan (the "CDMP") in the October 2017 Cycle and said
amendment is identified as Application No. 4 (the "Application"); and
WHEREAS, the Application seeks to re -designate the Property from "Estate Density
Residential" to "Business and Office" on the Miami -Dade County Comprehensive Development
Master Plan adopted Land Use Plan ("LUP") map.
NOW, THEREFORE, in order to assure the Miami -Dade County that the representations
made by the owner during consideration of the Application will be abided by the Owner freely,
voluntarily and without duress makes the following Declaration of Restrictions covering and
running with the Property:
(1) Notwithstanding the redesignation of the Property from "Estate Density Residential" to "Business
and Office", the use of the Property shall be limited to a gasoline station with ancillary convenience
store.
Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and may be recorded, at Owner's expense, in the public
151
October 2017 Cycle Appendices Page 31 Application No. 4
s
records of Miami -Dade County, Florida and shall remain in full force and effect and be binding
upon the undersigned Owner, and their heirs, successors and assigns until such time as the same
is modified or released. These restrictions during their lifetime shall be for the benefit of, and
limitation upon, all present and future owners of the real property and for the benefit of Miami -
Dade County and the public welfare. The Owner, and their heirs, successors and assigns,
acknowledge that acceptance of this Declaration does not in any way obligate or provide a
limitation on the County.
T_ This Declaration is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded
after which time it shall be extended automatically for successive periods of ten (10) years each,
unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to
change the covenant in whole, or in part, provided that the Declaration has first been modified or
released by Miami -Dade County.
Modification, Amendment. Release. This Declaration of Restrictions may be modified,
amended or released as to the land herein described, or any portion thereof, by a written instrument
executed by the then owner(s) of the Property, provided that the same is also approved by the
Board of County Commissioners of Miami -Dade County, Florida. Any such modification,
amendment or release shall be subject to the provisions governing amendments to Comprehensive
Plans, as set forth in Chapter 163, Part IL Florida Statutes or successor legislation that may, from
time to time, govern amendments to Comprehensive Plans (hereinafter "Chapter 16Y). Such
modification, amendment or release shall also be subject to the provisions governing amendments
to the CDMP as set forth in Section 2-116.1 of the Code of Miami -Dade County, or successor
regulations governing modifications to the CDMP. In the event that the Property is incorporated
within a new municipality or annexed into an existing municipality, and the successor municipality
amends, modifies, or declines to adopt the provisions of Section 2-116.1 of the Miami -Dade
County Code, then modifications, amendments or releases of this Declaration shall be subject to
Chapter 163 and the provisions of such ordinances as may be adopted by such successor
municipality for the adoption of amendments to its comprehensive plan; or, in the event that the
successor municipality does not adopt such ordinances, subject to Chapter 163 and by the
provisions for the adoption of zoning district boundary changes. It is provided, however, that in
the event that the successor municipality approves a modification or deletion of this Declaration
2
152
October 2017 Cycle Appendices Page 32 Application No. 4
of Restrictions, such modification or deletion shall not be effective until approved by the Board of
County Commissioners, in accordance with applicable procedures. Should this Declaration be so
modified, amended, or released, the Director of the Department of Regulatory and Economic
Resources or the executive officer of a successor department, or, in the absence of such Director
or executive officer, by his or her assistant in charge of the office in his/her absence, shall execute
a written instrument effectuating and acknowledging such modification, amendment, or release.
Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or
arising out of this declaration shall be entitled to recover, in addition to costs and disbursements
allowed by law, such sum as the Court may adjudge to be reasonable for the services of his
attorney. This enforcement provision shall be in addition to any other remedies available at law,
in equity or both.
. County Inspections. As further part of this Declaration, it is hereby understood and agreed
that any official inspector of Miami -Dade County, or its agents duly authorized, may have the
privilege at any time during normal working hours of entering and inspecting the use of the
premises to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
Authorization for Miami -Dade County (or successor municipality) to Withhold
Permits and Inspections. In the event the terms of this Declaration are not being complied with,
in addition to any other remedies available, the County (or successor municipality) is hereby
authorized to withhold any further permits, and refuse to make any inspections or grant any
approvals, until such time as this declaration is complied with.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
Presumption of Compliance. Where construction has occurred on the Property or any
portion thereof, pursuant to a lawful permit issued by the County (or successor municipality), and
inspections made and approval of occupancy given by the County (or successor municipality),
then such construction, inspection and approval shall create a rebuttable presumption that the
buildings or structures thus constructed comply with the intent and spirit of this Declaration.
3
153
October 2017 Cycle Appendices Page 33 Application No. 4
r
Severability. Invalidation of any one of these covenants, by judgment of Court, shall not
affect any of the other provisions which shall remain in full force and effect. However, if any
material portion is invalidated, the County shall be entitled to revoke any approval predicated upon
the invalidated portion
Recordation and Effective Date. This Declaration shall be filed of record in the public
records of Miami -Dade County, Florida at the cost of the Owner following the approval of the
Application by the Board of County Commissioners. This Declaration shall become effective
immediately upon recordation. Notwithstanding the previous sentence, if any appeal is filed, and
the disposition of such appeal results in the denial of the Application, in its entirety, then this
Declaration shall be null and void and of no further effect. Upon the disposition of an appeal that
results in the denial of the Application, in its entirety, and upon written request, the Director of the
Department of Regulatory and Economic Resources or the executive officer of the successor of
said department, or in the absence of such director or executive officer by his/her assistant in
charge of the office in his/her absence, shall forthwith execute a written instrument, in recordable
form, acknowledging that this Declaration is null and void and of no further effect.
Acceptance of Dedaration. The Owner acknowledges that acceptance of this Declaration
does not obligate the County in any manner, nor does it entitle the Owner to a favorable
recommendation or approval of any application, zoning or otherwise, and the Board of County
Commissioners retains its full power and authority to deny each such application in whole or in
part and decline to accept any conveyance.
Owner. The term Owner shall include all heirs, assigns, and successors in interest.
[Execution Pages Follow]
4
154
October 2017 Cycle Appendices Page 34 Application No. 4
It
Signed, witnessed, executed and acknowledged this day of , 201
Witnesses:
Print Name:
Print Name:
7-Eleven, Inc.
Name:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this
201 by , on behalf of
known to me or produced as identification.
By:
My Commission Expires:Notary Public
Print Name:
Serial No:
E1
day of ,
who is personally
155
October 2017 Cycle Appendices Page 35 Application No. 4
Signed, witnessed, executed and acknowledged this day of , 201
Witnesses:
By:
Print Name:
Print Name:
STATE OF FLORIDA)
Miller 6720 LLC
Name
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of ,
201 by , on behalf of , who is
personally known to me or produced as identification.
By:
My Commission Expires:Notary Public
Print Name:
Serial No:
6
156
October 2017 Cycle Appendices Page 36 Application No. 4
4
6
Signed, witnessed, executed and acknowledged this
Witnesses:
Print Name:
Print Name:
day of , 201
All In Investment Group LLC
Name
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of ,
201 by , on behalf of , who is
personally known to me or produced as identification.
By:
My Commission Expires:Notary Public
Print Name:
Serial No:
7
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October 2017 Cycle Appendices Page 37 Application No. 4
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EXHIBIT "A"
LEGAL DESCRIPTION
EAST PARCEL
THE EAST 165 FEET OF LOT 9, BLOCK 1, OF BEVERLY HILLS, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT VOOK 43, PAGE 68, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE NORTHERLY 15 FEET
THEREOF FOR RIGHT-OF-WAY.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF SW 67TH AVENUE (A 70 FOOT RIGHT-OF-WAY
BY PLAT) WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SE 56TH STREET (A
VARYING WIDTH RIGHT-OF-WAY AS NOW ESTABLISHED); SAID POINT BEING THE
POINT OF THE CURVE OF A CURVE, CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 35.00 FEET ; THENCE NORTHWESTERLY ALONG SAID WESTERLY
RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE
OF 28.89 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 47
DEGREES 18 MINUTES 07 SECONDS WEST AND A CHORD DISTANCE OF 28.08 FEET
TO A NON -TANGENT CURVE; THENCE SOUTH 87 DEGREES 16 MINUTES 37
SECONDS WEST CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF
145.66 FEET; THENCE SOUTH 02 DEGREES 34 MINUTES 27 SECONDS EAST
DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 103.50 FEET
TO A POINT ON THE SOUTH LINE OF SAID LOT 9, AND AFORESAID WESTERLY
RIGHT-OF-WAY LINE OF SW 67 AVENUE; THENCE NORTH 02 DEGREES 34 MINUTES
27 SECONDS WEST ALONG SAID EAST LOT LINE AND WESTERLY RIGHT-OF-WAY
LINE OF SW 67 AVENUE; THENCE NORTH 02 DEGREES 34 MINUTES 27 SECONDS
WEST ALONG SAID EAST LOT LINE AND WESTERLY RIGHT-OF-WAY, A DISTANCE
OF 83.50 FEET TO THE POINT OF BEGINNING
CONTAINING 0.39 ACRES (16,979 SQUARE FEET) MORE OR LESS.
WEST PARCEL
LOT 9, LESS THE EAST 165 FEET AND THE NORTH 15 FEET THEREOF, IN BLOCK 1,
OF BEVERLY HILLS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 43, PAGE 68, OF THE PUBLLIC RECORDS OF MIAMIT-DADE COUNTY,
FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCEM COMMENCE AT THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF SW 67TH AVENUE (A 70 FOOT RIGHT-OF-WAY
BY PLAT) WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SW 56TH STREET (A
8
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VARYING WIDTH RIGHT-OF-WAY AS NOW ESTABLISHED); SAID POINT BEING THE
POINT OF CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 35.00 FEET;
THENCE NORTHWESTERLY ALOND SAID WESTERLY RIGHT-OF-WAY LINE AND
ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 28.89 FEET, SAID ARC
BEING SUBTENDED BY A CHORD BEARING OF NORTH 47 DEGREES 18 MINUTES 07
SECONDS WEST AND A CHORD DISTANCE OF 28.08 FEET TO A NON -TANGENT
CURVE; THENCE SOUTH 87 DEGREES 16 MINUTES 37 SECONDS WEST CONTINUING
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 145.66 FEET TO THE POING OF
BEGINNING; THENCE SOUTH 02 DEGREES 34 MINUTES 27 SECONDS EAST
DEPARTING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 103.50 FEET TO A POINT
ON THE SOUTH LINE OF SAID LOT 9; THENCE SOUTH 87 DEGREES 16 MINUTES 37
SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 90.58 FEET TO THE
WEST LINE OF SAID LOT 9; THENCE NORTH 02 DEGREES 34 MINUTES 27 SECONDS
WEST ALONF SAID WEST LINE, A DISTANCE OF 103.50 FEET TO A POINT ON
AFORESAID SOUTHERLY RIGHT-OF-WAY INE OF SW 56TH STREET; THENCE NORTH
97 DEGREES 16 MINUTES 37 SECONDS EAST ALONF SAID SOUTHERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 90.58 FEET TO THE PONT OF BEGINNING.
CONTAINING 0.22 ACRES (9.375 SQUARE FEET) MORE OR LESS.
SOUTH PARCEL
LOT 10, BLOCK 1, OF BEVERLY HILLS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 43, PAGE 68, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
9
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October 2017 Cycle Appendices Page 39 Application No. 4
OPINION OF TITLE
To: Miami -Dade County
With the understanding that this Opinion of Title is furnished to Miami -Dade County, as
inducement for acceptance of [Please write in one of the following: a
Declaration of Use, Unity of Title, Declaration of Restrictions, Development Agreement, zoning
action in compliance with Chapter 28, or proposed final subdivision plat ], pursuant to Public
Hearing No. [if applicable], it is hereby certified that I have examined [Please write
in one of the following: a complete Abstract of Title or Title Insurance Policy (identified by
company name and policy number)] covering the period from the beginning to the day
of , , at the hour of ,
inclusive, of the property described on Exhibit A hereto. fif examining Title Insurance Policy,
please also includes J I know of no reason that this Title Policy is inaccurate or incomplete.
I am of the opinion that on the last mentioned date, the fee simple title to the above -described real
property was vested in:
Note: For Limited Partnership, Limited Liability Company or Joint Venture indicate
parties comprising the Limited Partnership, Limited Liability Company or Joint Venture
and identify who is authorized to execute.
Subject to the following encumbrances, liens and other exceptions (If "none" please indicate):
1. RECORDED MORTGAGES:
2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS:
3. GENERAL EXCEPTIONS:
4. SPECIAL EXCEPTIONS•
I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and
exceptions and that none of them hinder or affect the recording or enforcement of the
[Please write in the type of instrument to be recorded]
10
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Therefore, it is my opinion that the following party(ies) must join in the agreement in order
to make the a valid and binding covenant on the lands described herein.
Name Interest Special Exception Number
The following is a description of the aforementioned abstract and its continuations:
Number Company Certifying No. of Entries Period Covered
I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides
with, and is the same as, the legal description in the proffered, recordable agreement.
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in
the State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this day of ,
Name
Print Name
Florida Bar No,
Address:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, by , who is
personally known to me or has produced , as identification.
Notary Public
My Commission Expires: Print Name
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APPENDIX D
Fiscal Impact Analysis
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Fiscal Impacts
On Infrastructure and Services
On October 23, 2001, the Board of County Commissioners adopted Ordinance No. 01-163
requiring the review procedures for amendments to the Comprehensive Development Master
Plan (CDMP) to include a written evaluation of fiscal impacts for any proposed land use change.
The following is a fiscal evaluation of Application No. 4 of the October 2017 Cycle Applications to
amend the CDMP from County departments and agencies responsible for supplying and
maintaining infrastructure and services relevant to the CDMP. The evaluation estimates the
incremental and cumulative costs of the required infrastructure and service, and the extent to
which the costs will be borne by the property owner(s) or will require general taxpayer support
and includes an estimate of that support.
The agencies use various methodologies for their calculations. The agencies rely on a variety of
sources for revenue, such as, property taxes, impact fees, connection fees, user fees, gas taxes,
taxing districts, general fund contribution, federal and state grants, federal funds, etc. Certain
variables, such as property use, location, number of dwelling units, and type of units were
considered by the service agencies in developing their cost estimates.
Solid Waste Services
The adopted level of service standard (LOS) for the County's Department of Solid Waste
Management (DSWM) is as follows: to maintain sufficient waste disposal capacity to
accommodate waste flows committed to the System through long term contracts or interlocal
agreements with municipalities and private waste haulers, and anticipated uncommitted waste
flows, for a period of five (5) years. As of FY 2017-18, DSWM is in compliance with this standard,
meaning that there is adequate disposal capacity to meet projected growth in demand, inclusive
of the application reviewed here, which is not anticipated to have a negative impact on disposal
service.
Residential Collection and Disposal Service
Currently, the household waste collection fee is $439 per residential unit, which also covers costs
for waste disposal, bulky waste pick up, illegal dumping clean-up, trash and recycling center
operations, curbside recycling, home chemical collection centers, and code enforcement. The
current land use designation on the site is "Estate Density Residential" and the proposed land use
change is to "Business and Office." The applicant intends to replace and modernize the existing
7-Eleven gasoline and convenience facility with a new 7-Eleven facility that will provide enhances
services to the surrounding area. An existing single-family home located on the southernmost
parcel of the application site that is currently served by DSWM would likely be demolished as part
of the proposed expansion, which would have a negligible impact on DSWM services. The
existing 7-Eleven located at this site currently receives, and will likely continue to receive, waste
collection service from a private hauler. The requested amendment will have no impact or any
associated costs relative to DSWM services and facilities.
Fiscal Impact — Waste Disposal Capacity and Service
The cost of providing disposal capacity for DSWM customers, municipalities and private haulers is
paid for by System users. In FY 2017-18, the DSWM charges a contract disposal rate of $61.01 per
ton to DSWM Collections and those private haulers and municipalities with long-term disposal
agreements. The short-term disposal rate is $89.38 per ton in FY 2017-18.
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These rates adjust annually with the Consumer Price Index, South Region. In addition, the DSWM
charges a Disposal Facility Fee to private haulers equal to 15 percent of their annual gross
receipts, which is used to ensure availability of disposal capacity in the System. Landfill closure,
remediation and long-term care are funded by a portion of the Utility Service Fee charged to all
customers of the County's Water and Sewer Department.
Water and Sewer
The Miami -Dade County Water and Sewer Department (WASD) provides for the majority of water
and sewer service needs throughout the county. The cost estimates provided herein are
preliminary and final project costs will vary from these estimates. The final costs for the project
and resulting feasibility will depend on the actual labor and materials costs, competitive market
conditions, final project scope implementation schedule, continuity of personnel and other variable
factors. The water impact fee was calculated at a rate of $1.39 per gallon per day (gpd), and the
sewer impact fee was calculated at a rate of $5.60 per gpd. The annual operations and
maintenance cost was based on $1.4547 per 1,000 gallons for water and $1.8958 per 1,000
gallons for sewer.
The applicant requests the redesignation of the t1.31 acre application site from "Estate Density
Residential" (1 to 2.5 dwelling units per gross acre), to "Business and Office" land use designation.
The applicant has proffered a Declaration of Restrictions (covenant) committing to the
redevelopment of the entire site with its uses limited to a gasoline station with ancillary
convenience store. If the application is approved with acceptance of the proffered covenant, the
application site could be developed with a maximum of 22,825 square feet of retail uses.
If the application is developed with the 22,825 square feet retail uses, the water connection charge
is estimated at $3,173, and the water service line and meter connection fees would cost $12,782.
The sewer connection charges are estimated at $1,300 and the annual operating and
maintenance costs would total $2,791. In addition, the estimated cost of installing the required 50
linear feet of 12-inch water main to connect the proposed development to the County's regional
water system is estimated at $18,200. Furthermore, the estimated cost of installing the required
500 linear feet of 8-inch gravity sewer force main is estimated at $171,000. The total potential
cost for connecting the proposed development to the regional water and sewer system including
an engineering fee of 13% is estimated at $189,200.
Drainage and Flood Protection
The Miami -Dade County Division of Environmental and Resources Management (DERM) is
responsible for the enforcement of current stormwater management and disposal regulations.
These regulations require that all new development provide full on -site retention of the stormwater
runoff generated by the development. The drainage systems serving new developments are not
allowed to impact existing or proposed public stormwater disposal systems, or to impact adjacent
properties. The County is not responsible for providing flood protection to private properties,
although it is the County's responsibility to ensure and verify that said protection has been
incorporated in the plans for each proposed development. The above noted determinations are
predicated upon the provisions of Chapter 46, Section 4611.1 of the South Florida Building Code;
Section 24-58.3(G) of the Code of Miami -Dade County, Florida; Chapter 40E-40 Florida
Administrative Code, Basis of Review South Florida Water Management, District (SFWMD); and
Section D4 Part 2 of the Public Works Manual of Miami -Dade County. All these legal provisions
emphasize the requirement for full on -site retention of stormwater as a post development
condition for all proposed commercial, industrial, and residential subdivisions.
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Additionally, DERM staff notes that new development, within the urbanized area of the County, is
assessed a stormwater utility fee. This fee commensurate with the percentage of impervious area
of each parcel of land, and is assessed pursuant to the requirements of Section 24-61, Article IV,
of the Code of Miami -Dade County. Finally, according to the same Code Section, the proceedings
may only be utilized for the maintenance and improvement of public storm drainage systems.
Based upon the above noted considerations, it is the opinion of DERM that Ordinance No. 01-
163 will not change, reverse, or affect these factual requirements.
Public Schools
The applicant's proffered Declaration of Restrictions prohibits residential development on the
application site. Therefore no impacts on Miami -Dade County public schools would result from
the development of the application as requested.
Fire Rescue
The current CDMP designation of "Estate Density Residential" will allow a potential development
which would generate four (4) annual alarms. The proposed "Business and Office" designation
would allow a proposed potential development anticipated to generate seven (7) annual alarms,
and would have a minimal impact to existing fire rescue services. Presently, Miami -Dade County
Fire and Rescue (MDFR) indicates that fire and rescue service in the vicinity of the application
site is adequate.
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APPENDIX E
Photo of Site and Surroundings
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View from SW 56 Street/Miller Drive and SW 67 Avenue/Ludlam Road intersection looking
northeast towards Miller Sixty -Seventh condominium complex
View from SW 56 Street/Miller Drive looking west with the Palmetto Presbyterian church and
childcare facility on the south side of Miller Drive and retail stores on the north side.
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