Res No 170-18-15203RESOLUTION NO. 170-18-15203
A Resolution approving the settlement proposal of Southeastern Investment
Group Corporation to allow it an opportunity to apply for land use changes,
re-zoning, set back variance and special use approval for five of its 14
properties along SW hZ*"* Avenue.
WHEREAS, Southeastern Investment Group Corporation filed suit in the case of
Southeastern Investment Group Corporation v. City of South Miami Commission, Case No.
2014-15875-CA-Ol, challenging certain ordinances of the City that affected the development of
its properties along SW 62"^ Avenue; and
WHEREAS, Southeastern Investment Group Corp. has proposed a settlement of the case
that would put restrictions on all of its properties and provide one lot as a park to mitigate against
the impact on the residential neighborhood to the west of the proposed development; and
WHEREAS, Southeastern Investment Group Corp.'s settlement proposal is attached.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The settlement proposal attached to this resolution is approved and the City
Manager is instructed to sign the agreement.
Section 2. 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 3. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this ^ day of September, 2018.
ATTEST:
CITYOLE
APPROVED:
MAYO
READ AND ^^ROVED AS TO FORM,
LANGUAG^^GALITY AND EXECUTION
EXEnmO^UEREO]
ORNE
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 1 of 1
Agenda [tem NoiBa.
City Commission Agenda Item Report
Meeting Date: September 4, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: ADD-ON rTEM(S)
Subject:
A Resolution approving the settlement proposal of Southeastern Investment Group Corporation to allow it an
opportunity to apply for land use changes, re-zoning, set back variance and special use approval for five of its
14 properties along SW 62nd Avenue. 3/5 (City Attorney)
Suggested Action:
Attachments:
Resolution to approve settlement agreement2.doc
CSM request for Statement of Proposal RevisedSjktver Exhibits 1& 2.pdf
CSM request for Statement of Proposal Revised3 jkt ver 2 Exhibit 3 Use Table.pdf
CSM_request_for_Statement_of_Proposal_Revised3Jkt_ver_2_without_exhibits-_ver2corrected.pdf
1 RESOLUTION NO.
2
3 A Resolution approving the settlement proposal of Southeastern Investment
4 Group Corporation to allow it an opportunity to apply for land use changes,
5 re-zoning, set back variance and special use approval for five of its 14
6 properties along SW 62°** Avenue.
7
8 WHEREAS, Southeastern Investment Group Corporation filed suit in the case of
9 Southeastern Investment Group Corporation v. City of South Miami Commission, Case No.
10 2014-15875-CA-01, challenging certain ordinances of the City that affected the development of
11 its properties along SW 62"^^ Avenue; and .
12 CX ;S)Vojw \oe^\V/x OL.
13 WHEREAS, Soutneastem Investment Group Corp. has proposed a settlement of the case
14 that would put restrictions on all of its properties and provide one lot as a park to mitigate against
15 the impact on the residential neighborhood to the west of the proposed development; and
16
17 WHEREAS, Southeastern Investment Group Corp.'s settlement proposal is attached.
18
19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
20 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
21
22 Section 1. The settlement proposal attached to this resolution is approved and the City
23 Manager is instructed to sign the agreement.
24
25 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
26 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
27 not affect the validity of the remaining portions of this resolution.
28
29 Section 3. Effective Date. This resolution shall become effective immediately upon
30 adoption.
31
32 PASSED AND ADOPTED this day of , 2018.
33
34 ATTEST: APPROVED:
35
36
37 CITY CLERK MAYOR
38 S
39 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
40 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: ^
41 EXECUTION THEREOF Vice Mayor Harris :y
42 Commissioner Welsh: V
43 Commissioner Liebman: sj
44 Commissioner Gil: V I
45 CITY ATTORNEY >
Page 1 of 1
EXHIBIT 1
Zoned RS-3
es
<
5000 SFT lot 1
50 X 100 Folio
#0940250120400
Zoned NR
5000 SFT lot 2
50 X 100
Folio 0940250120410
Zoned NR
5000 SFT lot 3
50 X 100
Folio 0940250120420
Zoned NR
5000 SFT lot 4
50x100
Folio 0940250120430
Zoned NR
5000 SFT lot 5
50 X 100
Folio 0940250120440
Zoned NR
62 CT
Con. Research
10,000 SFT lot 6
100x100
Zoned NR
Con. Research
12,000 SFT lot 7
100x120
Zoned NR
Con. Research
10,000 SFT lot 8
100x100
Zoned NR
Michael Miller
5377 Store
7500 SFT lot 9
Zoned NR
Con. Research
6130 Newspaper
11300 SFT lot 10
Zoned NR
68th Street
6801
:Eli«
Zi
s|f|i
#250
PT. 1^!#19
220220
Folio #0940250220210 1
t
9
MM>2S0220180V€^:^
e8fi!®|2eT.
'9
so
I0|l6pq||^rf#ljffj
169th Street
■vt . 1
#094050220251
Sir®edRM 1
faM]SW69StSWiliLot
zSlK^Jl/3:L0;
;
iifgss^A™ "'i12307 Sq,Ft Lot #14
p{li}^2623D
Zoned LO
EXHIBIT 2\ m fm-it^-f •'■Jf
FAR:
Commdfd&l: 3.493 sqft
Rnktertttal: 202S1 sqlt 16 units
23,744 sqft - .71
Itnporviout & Pervious:
tmpervious sroa:
25,664 sqft - 766%
Pervious e/oa:
8,303 sqft - 243%
ParUng:
Total Psftdng Spaces: 38
SW 68th Street
)• PAVEMENT
Footprint Area
1,675 sqft
Proposed Bktg
2.793 sqft
Parldng Spaco 7 C
Parking Space 12
Footprint Area
2,793 sqft
Proposed Bktg
2.793 sqftParking Space 7 ^
Proposed Bklg
Footprirft Area
1318 sqft
Parkina Space 3
Parking
Space 10
Ground FL 4.011 sqft
Secorvl FL 4,121 sqft 6 urtiEs
8.t32 sqft - 677
Impoivkxjs & Petvious
Impovkxis Bros
9.70S •qO - 80.8%
Porvioua aioa
2289 tqa -192%
\c vitalinicorazzini f nMct I w
67 Avenue Study
^ Proposed Diagram A 1/16*
SK-1 OMNCRSRCVtW
CO cn15'-0"SIDE STREETSETBACKlO'-OSIDE INTERIORSETBACKSETBACKSW 62nd AvenueSS.gff PAVEMENT
EXHBIT 3
PERMITTED USE SCHEDULE
p =PERMITTED BY RIGHT
s =PERMITTED AS SPECIAL USE
COND =SPECIAL USE CONDITIONS fSee Section 20-3.4)
PARK =PARKING REQUIREMENTS (See Section 20-4.4(3))
X -No conditions were adopted
Table 1. Planned Unit Development Residential Uses, Public and Institutional Uses,
Educational Uses Note:
USE TYPE
ZC>NING DISTRICT
s
R
C
0
N
D
P
A
R
K
PLANNED UNIT DEVELOPMENT
RESIDENTIAL USES
S 8
Boardinghouse P
Dwelling, Tourist SP 3
Dwelling, Townhouse P 17 2
Dwelling, Multi-Family P 17 3
Home Occupation P 1
PUBLIC AND INSTITUTIONAL USES
Adult Congrogato Living Facility S 48 4
Convaloscont Homo P -48
Child Caro Facility (7 or more children)S 40
Early childhood child caro. Pro K, Pro
School
P --
Fraternal Organization or Private Club P 8 0
Governmental Administration P -40
Museum, Library or Art Gallery P -42
Park or Playground, Public P --
Social Services Agency S -40
EDUCATIONAL USES
School, Elementary or Secondary s 28 42
School, Private or Charter s 28 42
School, Vocational s 28 42
USE TYPE
ZC)NING DISTRICT
s
R
C
0
N
D
P
A
R
K
BUSINESS AND PROFESSIONAL SERVICES
Accounting and Auditing Services P 10
Acupuncturist P 9
Advertising Agency P 10
Architectural Services P 10
Bank or Savings Institutions, Mortgage
Banking/Mortgage Brokerage P 11
Beauty/Barber Shop, or Beauty Spa
(includes nail/skin care as accessory or as
separate establishment
P 11
Bed and Breakfast SP-4
Bowling Alloy/RoGtaurant/Entortainmont
Contor
&-46
Building Contractors Office P 10
Chiropractic Office or Clinic P 14 97
Counseling Services P 10
Computer Supplies and Services P 11
Credit Reporting Services P 10
Dentist Office P 91
\ Dry Cleaning Substation (no procoGsing)P 44
Dry Cleaning Plant &1-44
Employment Agency P 10
Engineering Services P 10
Film ProcGssing Substation P 44
Hotel or Motel P 4
Insurance Agency P 10
Interior Decorator, Showroom and
Salesroom
P 10
Interior Decorator, Office only P 10
Investigative Services P 10
Investment and Tax Counseling P 10
Laboratory, Medical or Dental P 9
ZONING DiSTRia
C P
USE TYPE S 0 A
R N R
D K
Laundromat P 11
Law Office P 10
Loan or Finance Agency P 10
Mail and Parcel Center P 10
Market Research Services P 10
Massage Therapist P 9
Medical Office P PI
Messenger or Courier Services P 11
Mobile Automobile Wosh/Wax Sorvico S dG
Notary Public P 10
Office, Business or Professional
* 50% of ground floor square footage must P 10
be retail uses.
Opticians or Optical Goods, Showroom P
Opticians or Optical Goods, Office only P
Personal Skills Instruction Studio P--40
Photographic Studio P 11
Physical Fitness Facility P 44
Physical Therapist P 07
Picture Framing Store P 11
Planning and Zoning Consultant P 10
Public Relations Services P 10
Quick Printing P 11
Real Estate Agency P 10
Reproduction and Stenographic Services P 11
Shoe Repair Shop P 11
Stock Brokerage P 10
Tailor or Seamstress P 11
Tanning Studio P
11
**
Telephone Answering Services P 11
Tutorial Services P 11
Thoator or Cinema P -40
Travel Agency P 10
USE TYPE
Watch and Clock Sales and Repair
ZC)NING DISTRICT
s
R
C
0
N
D
P
A
R
K
P 11
Video Tape Rental Store-P 11
RETAILANDWHCILESALE TRADE
Antique or Curio Shop P 11
Bakery P 11
Bicycle Sales and Services P 11
Book or Stationery Store P 46 11
Business Machine Sales and Services P 11
Camera and Photo Supply Store P 46 11
Carpeting or Flooring Sales P 11
Clothing or Apparel Store (new only)P 11
Confectionery or Ice Cream Parlor P 46 8
Consumer Electronics or Music Store P 11
Cosmetics Store P 11
Dairy Products Store P 8
Deli P 8
Department or Dry Goods Store P 12
Drinking Placo S 46 7
Drug, Pharmacy or Sundry Store P 46 11
Fabric or Drapery Shop P 11
Florist P 46 11
Grocery Store (over 4,000 sf gfa)P 8
Gift, Novelty or Souvenir Shop P 46 11
Hardware Store P 11
Hobby, Toy or Game Shop P 46 11
Household Appliance Store P 11
Home Furniture or Furnishings Store P 11
Jewelry Store P 46 11
Lighting Fixtures Store P 11
Liquor Store s -44
Luggage or Leather Goods Store p 11
Newsstand p 46 11
Office Supplies p 46 11
Paint Glass and Wallpaper Store p 11
ZONING DISTRICT
c P
USE TYPE S 0 A
R N R
D K
Pet Sales or Grooming Services P 11
Poultry, Meat or Seafood Market P 11
Restaurant, General S 4b 7
Restaurant, Walk up S 4c 7
Sewing, Needlework or Piece Goods Store P 11
Shoe Store P 11
Sporting Goods Store P 11
Tea Room P 12
"^ToBatco-Shop—P 46 11
Used Merchandise Store: Antiques P 11
Used Merchandise Store: Consignment
s 6 11
Goods
Variety Store P 11
*♦Parking requirement category; 1 space per 300 sq. ft . gross fl oor area.
ZONING DISTRICT
C P
USE TYPE S 0 A
R N R
D K
TRANSPORTATION, WAREHOUSING AND COMMUNICATIONS
Radio and TV Broadcasting Station P -44
Bug, Transit or Taxi Terminal P -44
Parking Lot, Commercial P --
11
Privileged and Confidential
Southeastern Investment Group is making the following proposal for
settlement of Southeastern Investment Group v City of South Miami
Commission, Case No. 2014-15875:
(1) Southeastern Investment Group ("SIG") shall provide a sworn
statement that SIG owns fourteen properties located on the west side
of SW 62nd Avenue between S.W. 70th Street and S.W. 64th Street
(including property at 6230 SW 69th Street) within the City of South
Miami, Miami-Dade County, Florida (collectively referred to as the
"Properties"), which are identified in the attached as Exhibit 1, as
"lot" 1,2,3,4,5 and 11 through 19.
(2) If the following settlement proposal is approved by the City
Commission so as to give SIG an opportunity to seek the necessary
land use, rezoning and other regulatory approvals then:
a. SIG shall provide the City with massing studies showing the
structures that it is proposing to build on lot #s 11,12,13,14 and
15.
b. SIG shall execute a covenant that the outward appearance and
layout of the buildings to be constructed on the lots # 11,12,13,
14 and 15 will not significantly vary from the schematic
drawings of Mr. Vitalini that are attached as Exhibit 2 but with
the understanding that the dormer styled windows on the top
floor of lot #s 12,13,14, and 15 represent the windows on a third
floor of the buildings and the dormer styled windows on the
building to be constructed on lot #11 represent windows that are
in the roof of a two story building (see Exhibit 1 to identify the
location of lot #s 11,12,13,14 and 15).
c. SIG shall identify all proposed "green spaces" and "open space"
and as to "open space" identification of which is "active open
space" and which is "passive open space".
d. SIG shall file an application with the City's Planning and Zoning
Department and pay all of the fees and other costs associated
with the following requests that the City shall consider:
i. SIG's application for a Future Land Use Map amendment for
lot #s 11, 12, 13,14, and 15 to change the Future Land Use
Map designation as follows: to change lot#15's use from 12
single family two stoiy for the westem portion (the eastern
portion is already Mixed Use Commercial Residential four
stories and it will remain the same) to Mixed Use
Commercial Residential four stories, and to change lot #14,
13,12 and 11 from Residential/limited Commercial two
stories to Mixed Use Commercial Residential four stories.
ii. SIG's application to change the zoning for lot #s 11,12,13,
14, and 15 as follows: to change the zoning for lot# 15 from
RS-3 for the western portion and LO for the eastern portion
to SR; to change the zoning for Lot #14 from LO two stories
to SR four stories; and to change the zoning of lots #s 13, 12,
and 11 from NR to SR four stories on the condition that a
covenant, running with the land will restrict the use of those
lots to two stories for lot 11 and three stories for lots 12, 13,
14 and 15.
iii. SIG shall record a covenant, running with the land that will
require a rear setback of 50' for lot #s 11,12 and 13.
iv. SIG shall apply for a variance for lot # 15 to reduce the
setbacks from 25 feet to 10 feet for the front, west side and
south side. All variance applications will require a site plan.
V. SIG's application for special use approval to allow for three
stories for lot #s 12, 13,14 and 15.
e. SIG proposes that all covenants and the Unity of Title referenced
in this settlement proposal shall be on a form approved by the
City Attorney and shall include a provision that the covenant
cannot be amended or released without the approval of the City
Commission and such approval shall meet the same voting
requirement, existing at the time of the request to amend or
release the covenant, as an application to amend land use or
development regulations to make such land use or development
regulation less restrictive.
f. SIG proposes the recording of a covenant running with the land
to restrict the uses, dimensional requirements and other zoning
related matters normally allowed in the SR zoning district but
which are inconsistent with this proposal.
g. SIG proposes the recording of a covenant running with the land
prohibiting the following uses for all of its properties, identified
in Exhibit 1 as lot #s 1,2, 3,4, 5: Gyms and uses that are the
same as or similar to gyms, gymnasiums, physical fitness
facilities and personal skills instruction studios.
13
h. SIG proposes the recording of a covenant running with the land
prohibiting the uses set forth in subparagraph i below and
restricting the uses in subparagraph ii for all of its properties
identified in Exhibit 1 as lot #s 11,12,13,14 and 15:
i. Gyms and uses that are the same as or similar to gyms,
gymnasiums, physical fitness facilities and personal skills
instruction studios.
ii. These lots, if rezoned to SR zoning, shall nevertheless be
subject to and comply with the NR zoning provisions for
outdoor seating and dining.
i. SIG proposes the recording of a covenant running with the land
prohibiting the following uses for all of its properties, identified
in Exhibit 1 as lot #s 11,12,13,14 and 15, unless they have 1
parking space per 100 square feet of gross floor area:
i. Dentists and medical offices;
ii. Chiropractic Office or Clinic;
iii. Opticians or Optical Goods Showroom;
iv. Opticians or Optical Goods; and
V. Office.
j. SIG proposes the recording of a covenant running with the land
restricting the uses in the SR zoning district for lot #s 11, 12, 13,
14 and 15 to those that are listed in the attached Exhibit 3 as
redacted and as changed from Permitted Uses to Special Uses.
All uses described in Exhibit 3 that have a line striking through
them shall be redacted from the final settlement agreement. In
addition, some uses have been changed from permitted to special
use as indicated by an underlined "S" and a line striking through
the "P" and will require special use approval. In addition, where
a condition was found not to be applicable to the proposed SR
zoning district, the number referring to the condition was struck,
k. SIG proposes the recording of a covenant running with the land
restricting the direction that the third-floor windows face and
requiring that the window on the third floor of any buildings
constructed on lot #s, 12,13,14 and 15 shall not face westward.
1. SIG proposed unifying its title to lot #s 11, 12,13,14 and 15.
m. SIG shall record a covenant running with the land, in a form
approved by the City Attorney, that lots 1 through 5 shall remain
zoned NR and lots 17,18 and 19 shall remain zoned RS-3, and
that none of lot #s 1,2, 3,4, 5,17,18, and 19 shall be built
higher than 2 stories or 25 feet.
14
n. SIG proposes deeding lot #16 to the City to mitigate the effects
of the project on the residential community to the west of the
proposed project as a dedicated park.
(3) SIG proposes that if the City agrees to this settlement proposal, that
Case No. 2014-15875 shall be stayed pending the review and
implementation of SIG's applications, as set forth above, for land
use, rezoning, special use approval and setback variances. SIG
understands that the City cannot agree to SIG's applications without
appropriately processing them through the City's Planning and
Zoning Department and without holding a public hearing before the
Planning Board and appropriate public hearings before the City
Commission. The stay will need to provide time not only to finalize
and obtain the City Commission's approval of the proposed
settlement agreement at a public meeting, but also for SIG to file and
process its applications for the land use, rezoning, special use
approval and setback variances. The Planning and Zoning Director
estimates that the entire process, once the application is filed, will be
150 days, which includes state review of the Future Land Use Map
amendment between first and second reading of the ordinance.
(4) SIG understands that the City cannot legally contract for its
administration to support the applications as part of the settlement
process, but can commit to processing SIG's applications promptly
through the Planning Department like any other application. The
City's Planning and Zoning Director and her staff, the Planning
Board and the City Commission will retain full discretion to oppose,
condition, defer or support the applications in compliance with
contract zoning case law.
(5) SIG agrees that if the land use and rezoning that it is proposing is
enacted and if the special use approval and variance are granted, then
SIG will fulfill all of its promises and do all that it has agreed to do in
this settlement proposal, including dismissing its case with prejudice.
If not, then the stay, if granted, will be lifted and the parties will
retum to their current place in the litigation, without prejudice to
either side.
(6) If the City adopts a resolution, approving the terms of this proposal,
SIG shall, within 30 days thereafter, submit all applications that it
proposes and sign all the documents that it is proposing, including the
covenants and the voluntary dismissal of its case with prejudice, and
deliver them to the City Attorney to hold in trust with authority to
record them if the following occurs: the land use and rezoning
15
proposed herein are enacted and application for special use approval
and variance proposed herein are granted.
(7) SIG proposes that the case be stayed so as to allow for SIG to prepare
its application for the land use and zoning changes outlined above
and for its applications to be processed and heard by the City's
Planning Board and by the City Commission at appropriate public
commission meetings. SIG has been advised that it is the Planning
and Zoning Director's opinion that it will take approximately 180
days to submit the applications, review and advertise a meeting
before the Planning Board, thereafter schedule and advertise the first
reading of the ordinance amending the Comprehensive Plan Future
Land Use Map ("FLUM"), the ordinance amending the zoning,
before the City Commission at a public hearing, thereafter send the
FLUM ordinance to various agencies for their the review of the
FLUM including the State Land Planning Agency, the Regional
Planning Council, Water Management District, Department of
Transportation, Department of Environmental Protection, and the
Department of State; if approved by those agencies, then to schedule
and advertise the second reading before the City Commission at a
public hearing of the ordinance amending the FLUM, the second
reading of the ordinance amending the zoning, the reading and
approval of the resolutions for the applications seeking a v^ance
and a special use.
(8) If the City enacts the land use and development regulations to allow
for the uses outlined above, SIG shall dismiss its lawsuit with
prejudice, execute a general release of the City and fulfill all of the
terms of its offer as set forth above. If the City does not enact the
land use and development regulations to allow for the uses and other
matters outlined above, either party may request an order lifting the
stay and proceeding to trial.
Dated this 4^ day of September, 2018
Southeastern Investment Group Corp. City of South Miami
By: By:
Alex T. Zakharia Steven Alexander
Citv Manaeer
Approved as to form and legality:
By:
City Attorney