Res No 153-21-15753RESOLUTION NO. 153-21-15753
A Resolution pursuant to Section 20-S.9 and other provisions of the City of South
Miami Land Development Code approving a Special Exception for a large-scale
development on a O.S-acre property identified as folio numbers 09-4025-011-
0130 and 09-4025-027-0090 generally located between SW 61 st Avenue and SW
61 st Court and as legally described herein.
WHEREAS, the applicant, Waterstone Capitol Operations, LLC, submitted an application
(number PB-21-01G) requesting a Special Exception approval for a Large-Scale Development for
a mixed-use building located at 7040 SW G1 st Avenue and 7109 SW G1 st Court and as legally
described in Exhibit A (attached); and
WHEREAS, the applicant has submitted a concurrent request for a Variance to reduce the
number of required parking spaces; and
WHEREAS, the site consists of 35,230 square feet and the proposed development will
contain seven (7) stories and consist of a lBO-bed skilled nursing facility and 1,735 square feet of
retail space; and
WHEREAS, pursuant to LDC Section 20-B.9 Special exceptions, any site that is in excess of
40,000 square feet or any development in excess of four (4) stories, shall be designated as a Large
Scale Development and reviewed by the Planning Board and shall require approval by the City
Commission; and
WHEREAS, at its November 9, 2021, meeting, the Planning Board held a public hearing on
the application, considered each of the requirements and conditions for Large Scale
Development listed in Section 20-B.9 of the LDC, and voted unanimously to recommend approval
of the requested Special Exception; and
WHEREAS, the Mayor and City Commission of the City of South Miami, having considered
each of the Special Exception requirements and conditions and having found that those
conditions have been met, desire to approve the application for the Special Exception.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The recitals set forth in this resolution are true and they are supported by
competent substantial evidence and they are incorporated into this resolution by reference as if
set forth in full herein.
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Res. No. 153-22-15753
Section 2. The application (number PB-21-01G) submitted by Waterstone Capitol
Operations, LLC, requesting a Special Exception for a Large-Scale Development for a mixed-use
building consisting of a lBO-bed skilled nursing facility, 1,735 square feet of retail space and lOG
parking spaces within the TODD (MU-S) zoning district located at 7040 SW G1 st Avenue and 7109
SW G1 st Court, South Miami, Florida, is hereby approved with the following conditions:
General Conditions
1. The proposed development will be substantially built-in accordance with the documents
submitted as the application package and identified in the list of Attachments shown
below.
2. All documents submitted with this application are to be made a part of the record.
3. All off-site improvements required under any approvals shall be completed prior to the
first Certificate of Occupancy unless such deadline is extended by the City Manager.
4. Any improvements in the Public Right-of-Way shall be approved by the City of South
Miami.
5. All impact fees shall be paid by the Applicant prior to issuance of the building permit.
G. The Applicant shall provide a letter acknowledging compliance with the applicable Level
of Services requirements prior to the issuance of final permit to the property. If any
concurrency approvals expire a re-review shall be required by the appropriate agency.
7. Any changes that increase densities, intensities or population shall require a new
Concurrency Analysis.
8. Applicant shall submit verification from Miami-Dade County that the proposed new
development has been reviewed and approved for all access management considerations.
9. Flood elevations shall be reviewed and approved for consistency with FEMA requirements
and the City's National Flood Insurance Program Ordinance prior to building permit
approval.
10. The Applicant shall comply with applicable conditions and requirements by Miami-Dade
County Public Works Department, Fire Rescue Department, Department of Regulatory
and Economics Resources -DERM (DRER), and Miami-Dade County Water and Sewer
Department, if any.
11. The Applicant shall execute and record in the public records of Miami-Dade County, a
Development Agreement, and a Maintenance Covenant, in a form approved by the City
Manager, City Commission and City Attorney, which complies with the requirements of land
Development Code Section 20-8.9, and which contains all commitments made and conditions
imposed as part of the approval of the Applications. The development agreement shall be
enforceable for 10 years from the date of substantial completion as defined in Section 20-·
8.9.
12. Applicant shall comply with all requirements set forth in Section 20-8.9 in addition to those
set forth in this Resolution unless there is a conflict, in which event Section 20-8.9 shall take
precedence.
13. Plans shall be submitted for review and approved by the Environmental Review and
Preservation Board prior to the issuance of building permits.
14. The plans shall comply with the Green Building requirements of Section 20-B.13(A).
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Res. No. 153-22-15753
15. A restrictive covenant forthe perpetual maintenance forthe public plaza on SW 61 st Court
shall be recorded with Miami Dade County in a form approved by the City Attorney
pursuant to Section 20-8.15(A).
16. A Unity of Title shall be recorded with Miami Dade County in a form approved by the City
Attorney.
Construction Conditions
17. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant
to the Building and Public Works Departments for approval prior to start of construction.
Access pOints by construction vehicles shall be provided within the MOT.
18. The Applicant shall provide for the reconstruction of the adjoining roadways, sidewalks,
and drainage to their conditions prior to construction, or better, and to provide a
performance bond equal to 100% of the total cost of reconstruction, or such other
amount as determined appropriate by the City Manager.
19. The Applicant shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
20. A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Applicant at time of building permit.
21. Construction shall only take place Monday through Friday during the hours of 8:00 a.m.
and 5:00 p.m.
Landscaping Conditions:
22. The Applicant shall meet all of the minimum requirements of the City Code, Chapters 18
and 24 of the Miami-Dade County Code and specifically comply with all conditions
imposed by Miami-Dade County Department of Regulatory and Economic Resources -
DERM (DRER), if any.
23. The property shall be landscaped in substantial accordance with the landscape plan
included in the application package and approved by the Environmental Review and
Preservation Board.
24. Pursuant to Sec. 20-4.5, as may be amended, the Applicant shall preserve existing trees
(including native trees) during the development of the project, wherever possible. If the
trees must be removed, the Applicant must submit a tree removal permit, unless the tree
is exempt from permitting, and mitigate the impact in accordance with City requirements.
If any relocated trees do not survive, mitigation must be provided per the LDC
requirements.
Environmental Conditions:
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Res. No . 153-21-15753
25. The Applicant shall m ee t th e r equire m ents of the Miami-Dade County Water-Use
Efficiency St a ndard s Manual, effect ive Jan u ary 2009, as m ay b e ame nd e d from time to
time .
26. All storm water drain age systems shall be maintained in work in g order at all times in order
to avo id localized floodin g during and after a storm . Parking shall be prohibited on top of
any drain age inl et or drainage manhole.
Architecture Conditions:
27 . Sub sta nti al compliance w ith the approved plans including d eSig n, materials, and color
palette .
Section 3. Th e approval of the requested Specia l Exception in cludes, as a n Ex hibit to the
Application, the architectural plan s sign ed and sea l ed by Robert Behar, dated October 29, 2021,
for the proposed mi xed-use bu ildin g loca t ed at 7040 SW 61" Avenue whic h is in co rporat ed herein
by referenc e.
Section 4. Corrections. Conforming l a ngu age or t ec hnical sc ri ve ner-ty pe corrections m ay
be made by the City Attorney for any con formin g ame ndm ents to be incorp orated into the final
resolution for signature.
Section 5. Severability. If any sect ion clause, se nte nce, or phrase of thi s r eso lution i s for
any rea son h e ld in va lid or unconstitutional by a court of competent jurisdiction, the holding w ill
not affect t h e va lidity of the r ema inin g portions of thi s r eso luti on.
Section 6 . Effective Date. This reso lution wi ll become effective immediately upon
adoption by vo te of the City Comm i ss i on.
PASSED AND ADOPTED this 7th day of December, 2021.
APPROVED:
>Afjg~~
MAYOR ,/J ./
COMM ISS ION VO TE: 5 -0
M ayor Philips: Yea
Commiss io ner Harris: Yea
Comm ission er Gil: Yea
Comm iss ion e r Corey: Yea
Comm issio n e r Liebman: Yea
Page 4 of 5
Res. No. 153-21-15753
Parcell:
EXHIBIT A
Property Legal Description
Lots 8, 9, and 10, Block 2, of "Rosswood Subdivision", according to the plat thereof, as
recorded in Plat Book 13, Page 62, of the public records of Miami-Dade County, Florida.
And
Lots 4, 5 and 6, Block 2, of "Larkin Center", according to the plat thereof, as recorded in Plat
Book 27, page 67, of the public records of Miami-Dade County, Florida.
Parcel 2:
Lot 7, Block 2, of "Larkin Center", according to the plat thereof, as recorded in Plat Book 27,
Page 67, of the public records of Miami-Dade County, Florida.
Page 5 of 5
City Commission Agenda Item Report
Meeting Date : Decem ber 7 , 2021
Submitted by : Jane Tompkins
Sub mittin g Department: Planning & Zoning Department
Item Typ e : Reso lu t io n
Age nda Section:
Subject:
Agenda ~em No:8.
A Resolution pursuant to Section 20 -8.9 and other provisions of the City of South Miami Land Development
Code app roving a Specia l E xception for a large-scale development on a 0 .8-acre property ide ntifi ed as foli o
numbe r s 09 -4025-011-0130 and 09-402 5-027-0090 generally located between S W 61 st Avenue a n d S W 61st
Court and as legally described herein. 4 /5 (City Ma nager-P lannin g Dept.)
Suggested Action:
Approva l
Attach me nts :
Cove r _Me mo _ Wate rstone _Ski II ed _N u rs i ngJaci I ity .docx
RESOLUTI ON_special_exce pti a n_ Wate rston e CArev J KT.docx
Miami He r ald Ad .pdf
MDBR Ad .pdf
1
Sout~iam i
n tr CfTYo r PlfASA T 11V1NG
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To : The Ho norab l e Mayo r and Members of the City Commission
VIA: Shari Ka mali, City Manager
FROM: Jane K. Tompkins, A ICP , Planning Director
RE: Wa t e r st o n e Capit al Operati o n s, LLC
7040 SW 61 " Avenue and 7109 SW 61 " Court
Date: Dece mber 7, 2021
APPLICANT: Watersto n e Capital Operations, LLC
SUBJECT
A Resolution pursuant to Section 20-S.9 and other provisions of the City of South Miami Land
Deve l o p me nt Code approving a Special Exception fo r a large-sca l e development o n a O.S-ac re
property identified as fo li o numbers 09 -4025 -011 -013 0 and 0 9-402 5-027 -0090 genera ll y located
bet ween SW 61 " Aven u e an d SW 61 " Cou r t an d as l ega ll y described he r ein.
PROPERTY INFORMATION
Th e property is l ocated between SW 61 " Avenue and 5W 61 " Court. Th e 61 " Ave nu e p arce l is
31,3S0 square feet in si ze and h as frontage on both st r eets. Th e 61 " Court parcel abuts it o n the
so uth and is sm a ll e r at 3,760 squar e feet. Combined, the tw o par ce ls total 35,230 square feet, o r
O.S ac re s. Bo t h parcels are desig n ated Transit-Or i ented Deve l o pm en t Dis tr ict Mixed-Use 5 (TODD
(M U-5 )) on the City's Zon in g Map.
2
W a t erston e Ca pital Opera tion s, LLC
Parking Va riance
Sp ecial Exception for Lar ge Sc a le Developm ent
Dece mb e r 7,2021
Page 2 of 11
Aerial of Subject Property and Surrounding Area
ZONING MAP EX CERPT
PROJECT
A pplicant proposes a seve n-s t o ry bu ild in g th at w ill co nsist o f a l BO-be d skill e d nursin g fa cility and
supp ortin g (non -l easab le ) offi ce space and 1,73 5 squ are f ee t of r et a il space. On e hun d r ed six
pa r kin g spaces ar e proposed. Th e appl icatio n package, i nclu d in g t he pl ans prepa r ed by Arc h itect
Jav ier Fo nt o f Be h ar a nd Fo nt i s at t ac hed.
ANALYSIS OF PARKING VARIANCE
Th e first appli ca ti o n is f o r a va ri a nce t o reduce t he re qu ired nu mbe r of off-st ree t park in g spaces
fo r t he propos ed develop m ent. As propose d , t he pr oject is r equired t o provid e 239 parki ng
spaces:
Skilled Nursing Facility: 1 space per 500 sq . ft. Gross Floor Area
116,451 ~ 1 ????!!? ?????
--'--:---x 232.902 ????!!? ?????? '" 233 ????!!? ??????
1 500~
Retail: 1 space per 300 sq. ft . Gross Floor Area
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Waterstone Capital Operations, LLC
Parking Variance
Special Exception for Large Scale Development
December 7, 2021
Page 3 of 11
1,735 ~ 1? ???7!? ?????
----X = 5.783 ????7!? ?????? ~ 6? ???7!? ?????? 1 300~
Total Amount of Required Off-Street Parking Spaces
233 ????7!? ?????? + 6 ????7!? ?????? = 239 ????7!? ??????
With 239 spaces required and 106 provided, the project has a deficit of 133 spaces.
Pursuant to Section 20-5.9 of the LDC, a variance for off-street parking can be reviewed and
permitted by the City Commission at a public hearing, after a recommendation by the Planning
Board. Variance decisions shall be based on an affirmative finding as to each of five criteria
presented below along with Staffs findings. Please note that the Applicant's letter of intent
includes their comments on how each of the criteria are satisfied.
1. The variance is necessary to relieve particular extraordinary conditions relating to
a specific property;
Staff Response: The LDC requires properties in the TODD to have their parking
located at the side or rear of the building, so street frontages can be developed with
uses that maximize the pedestrian experience. Since this property has two street
frontages, the building is designed to have office or retail uses on both frontages,
thus enhancing the pedestrian experience. Those uses result in the parking being
limited to a smaller area of the ground level and the upper levels.
2. Denial of the variance would result in hardship to the owner. Hardship results if
the restriction of the zoning ordinance, when applied to a particular property,
becomes arbitrary, confiscatory or unduly oppressive because of conditions of the
property that distinguish it from other properties under similar zoning restrictions;
Staff Response: The applicant has submitted a Parking Study which documents that,
based on standards published in Parking Generation, 5 th Edition by the Institute of
Transportation Engineers (ITE), the proposed development would generate a
demand for 83 parking spaces, far fewer than the LDC requirement and fewer than
will be provided. Requiring construction of the excess spaces would be costly and
likely limit the area available for income-producing space.
3. The extraordinary conditions and circumstances do not result from the actions of
the applicant;
Staff Response: The condition of having two (2) street frontages is not the result of
an action of the applicant.
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Waterstone Capital Operations, LLC
Parking Variance
Special Exception for Large Scale Development
December 7, 2021
Page 4 of 11
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
Staff Response: With 106 parking spaces provided, the project will exceed the ITE
standards for parking demand. Thus, the requested variance is the minimum
necessary.
5. That the approval of the variance will be in consistent with the general intent and
purpose of the Land Development Code and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
Staff Response: Allowing a reduction in parking in the urban area close to the
Metrorail, residential uses, and other employment centers is consistent with the
general intent and purpose of the LDC and will not be injurious to the neighborhood
or detrimental to the public welfare.
ANALYSIS OF SPECIAL EXCEPTION FOR A LARGE-SCALE DEVELOPMENT
All new development must comply with the specific regulations of the applicable zoning district.
In addition, TODD-zoned properties that exceed 40,000 square feet (0.92 acres) or any TODD
development that is in excess of four stories must seek a Special Exception approval for a Large-
Scale Development, which is reviewed by the Planning Board and approved by the City
Commission (LDC Sec. 20-8.9). Given the size and scope of the project, it thus must meet the
general TODD requirements (Article VIII of the LDC), those for a Large-Scale Development, and
other LDC regulations as described below.
A. General TODD Requirements:
1. Permitted Uses: Skilled nursing facilities are not specifically identified as a permitted use in
the LDC. However, convalescent homes are permitted in the TODD (MU-5) district pursuant to
Sec. 20-3.3(0). On July 7,2021, the City Commission adopted Resolution No. 075-21-15695 which
confirmed that skilled nursing facilities are similar in nature to convalescent home and will be
permitted in the same zoning districts as convalescent homes. Office and retail uses that fall
within the "Business and Professional Services" and "Retail and Wholesale Trade" categories of
Sec. 20-3.3(0) are also allowed in the TODD (MU-5).
Staff Response: The proposed permitted uses comply.
2. Permitted Building Heights: two-story minimum, four-story maximum; up to eight stories with
bonus per LDC Sec. 20-8.10(A). The maximum height allowed is 100 feet.
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Waterstone Capital Operations, LLC
Parking Variance
Special Exception for Large Scale Development
December 7, 2021
Page S of 11
20-8.10 Bonus allocations.
(A) TODD MU-5.
Action Bonus
For everyone floor of residential use One additional floor of residential use
provided the applicable parking requirement
is met per Section 20-8.8
For providing a public plaza-Minimum five One additional floor
thousand (5,000) square feet of contiguous
area functionally and visually connected to
pedestrian walkway system, including seating,
lighting, and art work in a plaza setting
For developing the full frontage of the One additional floor
property with streetscape design connected
to and usable as part of the public pedestrian
walkway system including pedestrian
amenities. The maximum change in level
between any portion of a sidewalk shall be
one-half (Yz) inch, and must be beveled, with a
slope no greater than 1V:2H (2:1).
For developing "cross-thru's" from an One additional floor
adjoining street to a public open space as part
of the public pedestrian walk system, on
owner's property (maintenance required in
Section 20-8.15)
Staff Response: The Applicant seeks approval for seven stories on a building with a
maximum height of 88 feet. The Actions included in the project that make it eligible for seven
stories include:
(1) A public plaza of at least 5,000 square feet and visually connected to the pedestrian
walkway system, including seating, lighting, and art work;
(2) Full frontage of the property with streetscape design; and
(3) A "cross thru" from and adjoining street to a public open space as part of the public
pedestrian walk system, on owner's property (maintenance required in Section 20-8.15).
The plaza that meets the Action of Sec. 20-8.10 is located at the southwest corner of the property.
At 5,072.6 square feet in area, the plaza is accessible from SW 6pt Court and connects via a
"paseo/cross-thru" to SW 6pt Avenue. It also provides pedestrian connectivity to and from both
building's arcades on the ground floor. As a public space, the plaza will attract patrons and
passers-by with its usable outdoor space that consists of planters with built-in benches,
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Waterstone Capital Operations, LLC
Parking Variance
Special Exception for Large Scale Development
December 7, 2021
Page 6 of 11
additional seating areas among a variety of trees, and lighting. For additional comfort the plaza
has been designed in three different aspects: open to the sky, semi open and completely covered
in front of the main entrance of the building adjacent to the lobby. Bike riding is also encouraged
as the plaza provides a la-bicycle rack with easy access.
3. Minimum Floor Area for Residential Units
Staff Response: This requirement is not applicable as the proposed use is not considered
residential.
4. Density: As many units as can be provided with parking as required by Sec. 20-8.8. A minimum
density of fifty (50) units per net acre shall be provided.
Staff Response: This requirement is not applicable as the proposed use is considered
non-residential.
s. Location 0/ Residential Units: Allowed on all floors.
Staff Response: This requirement is not applicable as the proposed use is considered non-
residential.
6. Affordable Housing: At least ten percent (10%) of the new dwellings.
Staff Response: This requirement is not applicable as the proposed use is considered non-
residential.
7. Location o/Commercial Uses: Allowed on all floors.
Staff Response: The project complies.
8. Required Parking by Use: As noted in the discussion of the Variance request, the proposed
project would be required to provide 239 spaces.
Staff Response: If the Variance request is approved, the project may be built as proposed.
If the Variance is denied, the project must be redesigned to satisfy the LDC standards for parking.
9. Required Bicycle Parking:
Commercial uses: For this type of use, the bicycle parking standard is based on the
number of employees.
Staff Response: Ten (10) bicycle spaces will be provided, which will accommodate 160
employees.
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Special Exception for Large Scale Development
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Page 7 of 11
10. Sec. 20-8.17 Regulating plan -Graphic: TODD developments must adhere to the provisions
of Sec. 20-8.17 in terms of the building's placement on the property, setbacks, stepbacks, and
open space.
Staff Response: The project complies with Sec. 20-8.17.
B. Special Exception for a Large-Scale Development:
Section 20-8.9(C) of the LDC provides the following general requirements for a Large-Scale
Development (LSD):
(1) All such uses shall comply with all requirements established in the appropriate zoning
district, unless additional or more restrictive requirements are set forth below or by the
City Commission.
(2) All such uses must be of a compatible and complementary nature with any existing or
planned surrounding uses.
(3) The City Commission shall determine the overall compatibility of the development
with the existing or planned surrounding uses.
Staff Response: The project complies. The uses comply with the TODD (MU-S) district and
the area is already a mix of multi-story and small commercial uses similar to what's proposed.
Properties in the vicinity have the same designations on the Future Land Use and Zoning maps,
and further development of this nature is anticipated.
Section 20-8.9(D)(a) further provides that the City Commission must find that the development
also: (1) will not adversely affect the health or safety of persons residing or working in the vicinity
of the proposed use; (2) will not be detrimental to the public welfare, property or improvements
in the neighborhood; and (3) complies with all other applicable Code provisions.
Staff Response: Staff believes that the project meets standards (1) and (2). Compliance
with standard (3) is described below, in Other Land Development Code Regulations.
Pursuant to Sec. 20-8.9(1), the Commission has the discretion to condition the granting of a
Special Exception on an agreement with the Applicant which includes all the conditions of
approval ("Development Agreement'). A separate agreement or covenant that provides for
maintenance of common elements and any other condition specified as a prerequisite to
approval of the Special Exception shall also be signed by the owner.
Staff Response: Staff recommends that a Development Agreement be executed as well
as a maintenance covenant for the Public Plaza.
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Parking Variance
Special Exception for Large Scale Development
December 7,2021
PageS of 11
After this review, staff believes that the application as proposed is consistent with Article VIII,
Sections 20-8.1 through 20-8.17, and complies with the general requirements of Special
Exceptions (Section 20-8.9) of the Land Development Code.
C. Other Land Development Code Requirements
Landscape Plan:
Sections 20-4.5 and 20-4.5.1 detail the requirements for landscape plans and tree removals. In
general, the plans, as evidenced by the tables on Sheet L-1 indicate compliance with the code.
Concurrency (Capacity) Analysis:
An analysis of public facilities and services is required when a development permit is issued (LDC
Sec. 20-4.1{A)). The analysis ensures that the additional demand for services generated by a new
development can be provided with the appropriate level of public services. The attached exhibit
demonstrates that the project complies with, or is expected to comply with, the adopted level of
service standards.
Traffic Study:
As part of the application package, a Traffic Impact Analysis was prepared by Richard Garcia and
Associates, Inc. (dated April 2021 and updated October 2021). Xavier Falconi and Diana White of
Calvin Giordano and Associates reviewed it on behalf of the City and found it to be sufficient.
STAFF RECOMMENDATION:
Staff recommends approval of the Special Exception for a Large-Scale Development and a
Variance to reduce the number of parking spaces from 239 to 106 with the following conditions:
General Conditions
I. The proposed development will be substantially built in accordance with the documents
submitted as the application package, and identified in the list of Attachments shown
below.
2. All documents submitted with this application are to be made a part of the record.
3. All off-site improvements required under any approvals shall be completed prior to the
first Certificate of Occupancy unless such deadline is extended by the City Manager.
4. Any improvements in the Public Right-of-Way shall be approved by the City of South
Miami.
5. All impact fees shall be paid by the Applicant prior to issuance of the building permit.
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Special Exception for Large Scale Development
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Page 9 of 11
6. The Applicant shall provide a letter acknowledging compliance with the applicable Level
of Services requirements prior to the issuance of final permit to the property. If any
concurrency approvals expire a re-review shall be required by the appropriate agency.
7. Any changes that increase densities, intensities or population shall require a new
Concurrency Analysis.
B. Flood elevations shall be reviewed and approved for consistency with FEMA requirements
and the City's National Flood Insurance Program Ordinance prior to building permit
approval.
9. The Applicant shall comply with applicable conditions and requirements by Miami-Dade
County Public Works Department, Fire Rescue Department, Department of Regulatory
and Economics Resources -DERM {DRER}, and Miami-Dade County Water and Sewer
Department, if any.
10. Plans shall be submitted for review and approved by the Environmental Review and
Preservation Board prior to the issuance of building permits.
11. The plans shall comply with the Green Building requirements of Section 20-B.13{A}.
12. A restrictive covenant for the perpetual maintenance for the public plaza on SW 61 st Court
shall be recorded with Miami Dade County in a form approved by the City Attorney
pursuant to Section 20-B.15{A}.
13. A Unity of Title shall be recorded with Miami Dade County in a form approved by the City
Attorney.
Construction Conditions
14. A Construction and Maintenance of Traffic {MOT} Plan shall be provided by the Applicant
to the Building and Public Works Departments for approval prior to start of construction.
Access points by construction vehicles shall be provided within the MOT.
15. The Applicant shall provide for the reconstruction of the adjoining roadways, sidewalks
and drainage to their conditions prior to construction, or better, and to provide a
performance bond equal to 100% of the total cost of reconstruction, or such other
amount as determined appropriate by the City Manager.
16. The Applicant shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
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Special Exception for Large Scale Development
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Page 10 of 11
17. A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Applicant at time of building permit.
18. Construction shall only take place Monday through Friday during the hours of 8:00 a.m.
and 5:00 p.m.
Landscaping Conditions:
19. The Applicant shall meet all of the minimum requirements of the City Code, Chapters 18
and 24 of the Miami-Dade County Code and specifically comply with all conditions
imposed by Miami-Dade County Department of Regulatory and Economic Resources -
DERM (DRER), if any.
20. The property shall be landscaped in substantial accordance with the landscape plan
included in the application package.
21. Pursuant to Sec. 20-4.5, as may be amended, the Applicant shall preserve existing trees
(including native trees) during the development of the project, wherever possible. If the
trees must be removed, the Applicant shall be required to submit a tree removal permit
and mitigate the impact in accordance with City requirements. If any relocated trees do
not survive, mitigation must be provided per the LDC requirements.
Environmental Conditions:
22. The Applicant shall meet the requirements of the Miami-Dade County Water-Use
Efficiency Standards Manual, effective January 2009, as may be amended from time to
time.
23. All storm water drainage systems shall be maintained in working order at all times in order
to avoid localized flooding during and after a storm.
Architecture Conditions:
24. Substantial compliance with the approved plans including design, materials, and color
palette.
PLANNING BOARD RECOMMENDATION:
After a public hearing on November 9, 2021, the Planning Board voted unanimously to
recommend approval of both requests with staff's conditions
Attachments:
1) Draft Resolution approving a Variance to Reduce the Number of Parking Spaces Required
2) Draft Resolution approving a Special Exception for a large-Scale Development
3) Application for Variance dated June 7, 2021
4) Application for Special Exception dated June 7, 2021
IOIPage
11
Waterstone Capital Operations, LLC
Parking Variance
Special Exception for Large Scale Development
December 7, 2021
Page 11 of 11
S) Letter of Intent for Variance
6) Letter of Intent for Special Exception
7) Trustee's Deed, dated July 17, 2020
8) Capacity Analysis (dated November 9, 2021)
9) Mailing Label Affidavit with Location Map (Property Owners, including Abutting, within 500 feet)
10) Applicant's Neighborhood Awareness Notification Letter and Affidavit
11) City Notice of Public Hearing
12) Traffic Impact Study Review Comments (Calvin Giordano & Assoc., dated October 26, 2021)
13) Traffic Impact Study (prepared by Richard Garcia, dated June 10, 2021 and updated October 22, 2021)
14) Parking Study (prepared by Richard Garcia, dated June 11, 2021 and updated Oct. 22, 2021)
lS) Landscape Compliance Letter (prepared by Andrew Witlin, dated October 7, 2021)
16) Skilled Nursing Facility Planning Board Submittal Set of Plan which consists of the following:
a. The following plans prepared by Behar Font Architects, signed and sealed by Registered Architect Javier Font
(AR 12S47) and dated October 29,2021:
i. Cover Page
ii. Boundary & Topographic Survey ALTA/NSPS Land Title Survey prepared by Public Land Surveyors, Inc.
(one sheet dated October 16, 2020)
iii. Pavement Marking and Signage Plans, signed and sealed by Professional Engineer Jorge Avino (No.
22207) (Sheet C-3)
iv. Garage Circulation Plan, signed and sealed by Professional Engineer Jorge Avino (No. 22207) (Sheet C-
3)
v. Location Map (Sheet A-O.l)
vi. Street Context View Photographs (Sheet A-0.2)
vii. Zoning Location Map (Sheet A-0.3)
viii. Zoning Legend (Sheet A-O.4)
ix. Lot Coverage Diagram (Sheet A-O.S)
x. Gross Area Diagrams (Sheet A-0.6)
xi. Layouts for each floor and the roof (Sheets A-1.0 through A-lo8)
xii. Elevations for each facade (Sheets A-2.0 through A-2.3)
xiii. Schematic Section (Sheet A-3.0)
xiv. Three Renderings (Sheets R-l through R-3)
xv. Plaza Rendering (Sheet R-4)
b. The following plans prepared by Witkin Hults & Partners, signed and sealed by Registered Landscape
Architect Andrew Witkin (LA #0000889) and dated October 7, 2021:
i. Landscape Plans (Sheet L-1)
ii. Planting Details (Sheet L-2)
iii. Tree Disposition List (Sheet TD-1)
17) Draft excerpt of Planning Board meeting minutes, November 9,2021
IllPage
12
SU NDAY NOVEMBER 2S lOl l I NEIGHBORS 19SE
flORIDA DEPARTMENT OF AGRICULTURE
Cheese with mold, filthy slicers and bird
excrement at the Fresh Market in Miami Beach
Ill' IM \'lI) J. NE A L
""(d/@",f"mi/j(r(lld.cu,,,
Mo ldy foo d , flying in-
secls and animals 0111 of
contro l and unclean equip-
ment caused T he Fresh
Ma rket in South Beach to
fa il it s Illos t re cent Flori d a
De pt. o f Ag ri cu lture post-
ed inspec t ion .
Two out o f three a in't
bad un less you're talking
failed ins pections and t hat
Fres h !\brket, 1800 Wes t
Ave., ha s fai le d two of its
la s t three inspections . In
addit ion to Nov. 8, it
failed an Aug . 17, 20 20
ins pection, t hen passed ,11\
Aug. 31, 20 20 in spect ion.
The first violation de-
\:liled by Inspector Simcon
Carrero is "Sc\'cm l pieces
of in-house Clll cheese
wit h some white mold
growing on the cheese
in s ide:l cold d eli case."
Th at cheese got tras he d .
Pi geo ns pro liferate on
the outsid e pat io, some-
times hanging out on
tables whe re peop le eat.
That p:llio's now closed
for what a sign says arc
"scheduled maintenance
:md upgrades."
Perhaps that ha s some-
t hillg 10 do with I n~pec l or
Ca rre ro obse rv ing "cus-
to mer sitt ing ,lTe:l with no
overhead protect ion, inad-
e q uate." Also, "bi rd ex-
c rement throughout out-
s ide ~~at i ng :lnd servicing
area.
Wh ile there W:lS a
"presence of bird s an d not
co ntrollin g th cm" outsid e,
the back room had "seve r-
al glue bo:lrds with de:ld
ni cs :ln d roache s not be-
ing removed."
In the bakery and pro-
duce areas , the in spe ct or
Saw "seveml flie s in the
processing areas ."
Slicers and grinders arc
s upposed to be cleaned
Almost n ine months o f dog
treats sold e xclUSively at Sam 's
Club have been recalled
IIY [",VItJ I . NEAl.
,Intlll~fmjnmjhfrald .(o ",
If you bought Membe r 's
~I a rk n e ef Stick Dog
T reats at Sam's Club,
chec k the size o f t he pack
-a lilhe 2.2 -p ound ba gs
so ld si nce M:l re h I have
bee ll reca ll ed because
thq' mig ht have "me ta l
material."
"The recall was ini ti ated
across a ll Sa m 's Clu bs
following a limited Ilum-
ber of customer COIll-
plaints," t he an nou nce-
mc nt read.
I ~:ilh cr toss o ut th e tre at s
or ret urn th em to Sam 's
Clu b for a ful l refund.
A .... y tlPMAN .. P"""4'ii ........ U .. oId<om
This doggie isn't eating d og treats fro m Sam's Club.
An~' ques t ions aboLl t thi s
rec a ll s houl d go to Me lll -
be r's Ma rk nl.~t o rn er serv-
ice, 888-301-0332, Mo n-
day th rough Saturd ,lY, H
;1.1l1. to midnig ht , and 11
a.m. to 9 p.m. on Su n da~'s
(all t illles Easte rn ).
l)(lv id J. Neil l:
3 0 5-376-3559,
@ l)(Iv idfNe(l/
IJAV IO J.o.i lAL _oIS_ .... ,.Id<_
The Fresh Ma rket. 1800
West Ave., Miami Beac h.
and sanitized eve ry four
hours. In the p roduce
de pa rtm e nt, t h e pin e-
apple CUll ing mac hi ne
had "old soi l bu ild up."
The l:lrge grind er in t he
meat de p ;lrtment hadn't
been wa sh e d "fo r over 24
hours." In t.he deli depart-
ment , a n indu st ri al can
Ope n e r ha d "old soil bu ild
u p " because it h adn 't
bee n cl eaned in over four
hours ."
At the popu lar hot
counter, where food
should be kept at or :lbove
135 deg rees 10 kee p Ihem
from being bacteri:l
farms, salmo n sleaks,
po rk rO:lst alld mash ed
po t atoes that h ad bee n
CITY Df SDlITK MIAM I. fLORI DA
CITY COMMI SSION
NOTICE Of PU8UC HEAR I NG S
t he re more th ,m tw o hou rs
ranged from 116 d egrees
to 123 d egrees.
In a me:l\ d e partment
di splay ca se, the raw
ch icken s ausage wa s
touching t he raw pork
s:lus:lge . All of thai s au-
sage fo ll owe d [he moldy
ch eese in to th e ga r bage.
Du ri ng t h is ins pecti on,
a pparently t he store re-
mained free of the dogs
th at Sun se t Harbour area
re s ident s regularly bring
into Ihe store.
David J. Nra/:
30 5-3 76-3559,
@D{/I,jd}Nrlll
" ...... "I>IbncI "" ... ~,,,~~tlyo!S,..,,V....,.."' .... ""'.-.I_, .... _.....,.l!'<ItIIVll.~ .. -dImI:."<I.. .. "" .. 'W_.llf.,If<.N"''*'' .. >rIJ.,.."" .... o! .. ~_, .... .bIo."'_."'".,.r, .... I'''''''''''tIy'''St'''' ... .:neo"..I:h.I,...,.IIM'l.rlls:.oJ.''''''''''._''"'''_~
.... CiIy "-'00l0" _.Ut.o!. '1.1:00' .,." .. ~"".,. .... Il .... Cotot.r.tul. N Cly'" Dttd~ bCItl ~ Mtt ~ .... kI ,u_""",, v'nUlll~
_..",.,.",...._"""'It<.~IC"'!l ..... ' .... UII<I _ ... y .... Of;:Io'.,IO<IoI~~"' ___ "' ... ""''' .... ''b~~.
AI~""_"""~".Io.IIoI'ICll.otoetl'<'b'I_=""""",~"""'Nl.-rttll<""'.1"""""'Ol"""*",,,,,*~.""'~"'lcc-..,"
1""~I!=WJ l!"jf5Wl".-.I~',*-"".""",,.'Io.I"_ ..... bIt> .... ""Corrio<ion""t'ot~_kl"'Cl\Ito.......,.OI.wrbo<>·
• ... "'" ... b~'.,..""'..",~~.." .. ""''"......,..<#''''~ ..... Cl\Is:'O · .... '''',Ak ..... ''''''.,....,-w.-'''''''Nl'.<Imri!. ....
u"""'"-'1.-.1""'.Itoo.,.......
n..~ .. ..,...,,_Il~.,Drsl,... prqO, .. l l p!l '1 tnl.I>_:rwt-';I_"'~Q"ht
A"'-'."""'"Ir.' ___ ... Ch\lo"""'"'~'~"""""'~;l""_'(\_'ll<C""c... .... , .. , ... """,~
llolotoor>'¥_~""~.-.I""'O:'<IS"""""-"'"
A PaoU:bI ....... tI. v....." ":(an.,,..w:o h '..-.. 110"1'>01 lO0<IO _ "". -.... ~ ~. s"'"" ... .......
!..a, ........ u1 -.. ... ...-..... ,..,,.,,, .. .,., flI'ol .... ~;!?~"{!'XI "'.1l1S-¢1Hl1{!1l9O _ott _._ S'N 1I"~ .. ....
SW61 ·C'O-.., ...... I;caIJr"" ... J ... .....
A~_~IO"""'IUJW_'~o!lI\Otlryo!s..."' ....... U ... _ ... ..-,jCOilo~.S .... I~['~"'-'''''.
~~;o<,lon.O......,. ... "'I)_ .... :I .. bIo ..... «"l»-Ill~'lmlll' ... t'l-'01~11~1I''''ott_Gh ....... SW6.·A_W
SW6'·"'"'I~ ..... ~_ .. J ... .....
...... c,,..,,"'. __ DI>e~' .tJ., , ..... 1).1""9' .,.. .. F' .... :I.".,,"' O:Y<#Soo1I ... ,..,Co:ltOf 0IIiN'U~
r ","_""-': M:It ...... ",J ...... _ U I ..... """' .... ~ ........... Il t_.",~.OIfo .... _ n~ .<IdcI:OII
....... b Il f<"" ..... ~:.I'I h _fi,q ...... :1 ""'* .~_ .. oI"'~k .. , tr.I kI t~ _ ..... ",itt .. , ..... ~H.oI " ... 01
to·l ....... gM...,r1'1·'II,."......' .......... ,'>:·· ........... __ Il_'~."Iblion.~...........,."" .. _ .. '" ..... ~ .. _ .. _", .... ~ ............ ~""~""'* __ 'ttc ctya. ... ".~J:l5.Ql.6J1O.
_t.alI'>''''""rtJ<lo»s-.l"lI·~._ .... _b....,.... • .,. __ ",..Ibo.'1.~.Cc..-... _'tI..,._''''''''"''''
• ..... ~ ..... To·....-:Id"".-. ..... _"" ........ :OO .. w .... '_' ... IIfItOlftd"I.M._......"".I ... ~~
,.. ... ~W..u. ... '""" ...... 'N_~~lltf:......
1\D..\.!o,t:.""" __ ,,,.:o:ot::y.,,,.,b,,,.ooedlt,,,,,,,_~"'''''by,,,,,,,,,,,,,.~,,,,,",,,''-kl'I2J'''''1''''''><2Mrr'''''''l''''''''', ....... '"'"~'OO .... 3_'lI"fI_ .... _(""'~ .... ""'.,""~I ........ _"" .... '''t~Ci'',O'O·~'*I.....,~w~~.b\'" ... .,
6131l s ..... , OM. Sou:> "!J<-( r~,I1 ....... ~" ..,.,...."',.,..,"". p. ,.,."(UA., ....... r.MC .!C.I\M
~,C ~'~
·'~_"'."""""'''' .. bltt.a • ...a.Uoo"_~",_",, .. ',,"'''kI'66.o·'I·l ·''l m>jrwty ....... __ ., ... _,*'v-''1.ItIII
..... tkl.to._"".Ibu".,.., .. "'.",.,.i:¥d .q...,.., ....... ~ .... ou.otyl'.""".""'.'*~ ...... ""'''.-yn_ .
18
•
MIAMI DAILY BUSINESS REVIEW
Published Daily oxcept Saturdny. Sunday and
Legill HoUdays
Miami. Mbml-Oada Co\Jn:Y, F1cdd3
STATE OF FlORlOA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personaDy nppcilted
GUILLERMO GARCIA. who on oalh says thai he or she Is tho
DIRECTOR OF OPERATIONS. l egal Notices of the Mia mi Daily
Business Review flk/a Miami ROYiew, a dn il y (except
Saturday, Sunday and Legol Holidays) nowspapcr,
published :n Miami In Mlnml-Dadc County , Florida ; Ihol th o
attached copy of odvcrtiscmcnl, being a Legal Advortlsemont
of Notice In tho maUor of
CIT'( OF SOUTH MIAMI· PUBLIC HEA({INGS -DEC. 7, 2021
in the XXXX Court.
was published in sa id nCl.yspaper in the issues of
11126n021
Affiant further says thai tho said Miam i Da11y Business
RaYlolY Is a ncv.'Spapor pubhshed at Miami, in said Miami.Dado
County, Flo rida and thai Ihe said newspaper has here tofore
boon continuously pubri!>hed in saId Miami-Dilde Counly . Florida
each day (except Saturday. Sunday and legal Holidays) and
has been entered as second class mail mailer al tho post
office In Miami in said Miami -Dade County. Fl orida. for a period
01 one year next preced ing the fi rst publica tion of the attached
copy 01 advertisement nod affiant further says that ho or she
has neither pa id nor prom is ed {Iny person. firm or corpora tion
,lOy discounl, reha te. commission or refund for tho purpose of
this advertisoment for publication in tho said
GUIL LE RMO GARCIA personally known to me
/ifi~\ CHRISTINALYNNRAVIX
,./,b, \., CommIssloo,GG 277171
~i .. ~.:gl expires November 19,20 22 ··.:r.Rt!~?~·· Bonded ThN TI'O'/FW L"\SIJfance 800-365-7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order 10 balance the need tor the City of South Miami to funct ion and
collduCl vital business during the COVID 19 pandemic and, al the same
bme, 10 protBct the health. safety and welfare of its cltaens. officers, officials
and adminls1rative staff. and pursuant City of South Miami Code, Chapter
286.011 . Fla. Stat. the City's Home Rule Powers. and City Manager's
declaration of a stnle of emergency due to the Coronavi rus. the City will be
holding Its City Commisskln Mooti ng live in chambers and VIRTUALLY
IlYoogh ~tJons media lochnology (eMT) '""" !he SIal. of ""_
haS ended ()( social distancing is no longer Il!QUin>d by any _ ExocuIive
Ordecs. All Commtsslon members wm participate in Chambers or by video
conferenci ng through th e Zoom platfonn and members of the public may
join the meeting via ZOom al (1l1tP..!l:tlzo_om ;u srtl3 05~J)39:.8) and partlclp,uo.
At a minimum. 81 least three members of the City Commission will be
physically presen t In the City CommiSSio n Chambers and they will be
broadcas t on tho Zoom platform along with all other members of th e
Commlssfon. City 5Ulff and the pubUc who may attend remotely from th e
Commission Chambefs and from other locations.
The mooting Is scheduled to begin on .llJ~~b:.eL1._202LaJ
7:(~tp_.{!h to consider the following public hearing hem(s}:
A Resolution approving and authori2ing the City Manager to execute a
three-year coUeclive barga Jnlng agreement (Ueuteoants and Captruns)
be~ the Miami Dade County P-oJice Benevolent AssociaUon and
the City of South Miami.
A Resolution relat ing to a Variance application to reduce the number of
parking spaces required for a mixed-use buildi ng cootaln lng 8 Skilled
Nursing Facility and retail space on property identified as folio numbers
09-402S-011''()130 and 09-4025-027-()09() ganem/ly located between
SW 61st Avenue end SW 61st Court and as legally doscribed herein.
A Resolution pursuant to Sectlon 20-8.9 and other provisions of the
City of South Miami Land Devek)pment Code approving a Special
ExceptIon for a targe-scaJe development on a O.B-acre property kientrHed
as folio numbers 09-4025-011-0130 and 09-4025--027-0090 genorally
located between SW 61&1 Avenue and SW 61 st Coun and as legally
desa1bed hemin .
An Ordinance amending Chapter lOA, Aood Damage and Prevention.
of the City of South Mia mi Code of Ordinances.
19
,
If you d esire to present evidence Of you are unable to use Zoom, there are
procedures to follow and other options available Including a dedicated
phone line to listen and participate In the meeting and Iim1ted publ ic
attendance, aU of which Is set forth in the meeting notice postDd al City Hall
and a1 ~jtp';ljww\y.so..uthmlamlfl.goY.&8.PlPubJrc·_M..eetiruls-~o~es. Anyone
who wishes 10 review JHIfldinQ application. SU~.....docuroeotalloJl Of-
who desire to have documents made available fot VIewing by everyone
during the meeting must contact the City CI6fk by calling 305-663-6340.
Note that pursuant 10 Roods Statutes 286.0106, a person who deckies to
appeal any decision made by 3 Board l Agency or Commission with respect to
any matter considered at Its meeting or hearing . a record of the proceedings
wll! be required for said appeal and such person will be requ ired to have a
verbatim lranscript of the proceedings including the tes1lmony and avidence
upon whTch the appeal Is 10 be based.
1 Tho minimum S1l!Jldards tOf adopting a rasolutlon or enacting an OI'dlnancc am
set forth In 166.041(4) ••• A malonty of the members of the govemi ng body
shall constit ut e a quorum. An affirmative vola of a majority of a quorum
presenl is necessary to enact any ordinance or adopt any resolu ti on ....
ADA:. To request 8 modification 10 a policy, practlce or procedwe or to reques t
an auxiUary aida or servica In order to pnrticlpnte In a City program, activity
or event. you must on or before 4:00 p.m . 3 business days before the
meeting (not countIng tha day of the meetlng) denver your request to the
City CIeri< by telephono : 305-663·6340. by mall at 6130 Sunset Drive, South
Miami, Florida or email at npayne @so uthmiamifl .gov.
11/26
Nkeng8 A. Payne, CMC, FCRM
City CICfI<
21·9810000564940M
20