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Res No 077-22-15830RESOLUTION NO. 077-22-15830 A Resolution of the Mayor and City Commissioners for the City of South Miami, Florida, objecting to the proposed mixed-use project submitted by TSS Phase I, LLC and TSS Phase II, LLC on behalf of Miami-Dade County Transit for property located at the corner of SW 72 nd Street and SW 59th Place. WHEREAS, the Miami-Dade Department of Transportation and Public Works (DTPW) is the owner of certain property located at the northeast corner of SW 72 nd Street (Sunset Drive) and SW 59 th Place and further identified by folio numbers 09-4025-076-0010, 09-4025-076-0020, and 09-4025-000- 0951 (the "Property"); and WHEREAS, said property is located within a Rapid Transit Zone and, pursuant to Section 33C-2 of the Miami-Dade County Code of Ordinances, is subject to the Station Area Design and Development Standards, ("Development Standards"), created through a joint effort between the City of South Miami and Miami-Dade County ("County"); and WHEREAS, the Development Standards were approved by the City of South Miami on May 7, 2002, via Resolution No. 62-02-11411 and are intended to govern the use, site design, building mass, parking, circulation, and signage for all non-Metrorail development in the South Miami Rapid Transit Zone; and WHEREAS, the conceptual development plans that accompanied the drafting of the Development Standards in 2002, delineated three separate areas: ( 1) Parcel "A" located adjacent to the southwest edge of the garage featuring a mixed use building of retail and office with a public square in front of the building along SW 72 nd Street; (2) Parcel "B" a retail '"liner" building wrapping around the garage on SW 59 th Place and SW 70 th Street with some live-work units; and Parcel "C", an additional three stories above the garage that would provide either residential, hotel, or office development; and WHEREAS, on December 5, 2017, pursuant to Resolution No. Z-29-17, the Board of County Commissioners (BCC) sustained the decision of the Miami-Dade County -South Miami Rapid Transit Development Impact Committee (RTDIC) to allow for a modification of and deviation from the Master Plan Development Standards for the South Miami Rapid Transit Zone, in order to redevelop the Property as a mixed-use project encompassing office, retail, and student housing residential uses; and WHEREAS, the retail and student housing components on both Parcel B and Parcel C of the Property have already been developed; and WHEREAS, TSS Phase I, LLC and TSS Phase II, LLC (TSS) submitted an application to the Miami-Dade County Development Impact Committee on behalf of the Miami-Dade County Transit Department on October 13, 2021, requesting approval to modify and deviate from the Master Plan Development Standards for the South Miami Rapid Transit Zone; and WHEREAS, TSS has applied for the following deviations from the Development Standards in order to develop Parcel A: 1. A request to modify the plans for a mixed-use development that includes 163 additional student housing units and 13,284 sq. ft. of retail; Page 1 of 2 Res. No. 077-22-15830 2 . A request to approve a non -use variance to a ll ow for a building height of thirteen ( 13) stories , whe re e ig ht (8) stories was previously approved for Deve lop ment Area "A" whic h has a hei g ht li mitation of e ight (8) stories . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Sec tion l. Th e rec ital s set fort h in th is reso lution are true and the y are s upp orted by competent s ub sta ntial evidence, and they are incorp o rated int o thi s re so lution by refe ren ce as if set fort h in full herein. Section 2. T he C it y of So uth Miami objects to th e project as proposed as it represents a s ignifica nt negative deviati o n from the Devel o pment Standards negot iated and agreed to between the County and the Ci ty, es pecially the hei g ht for the buil d in g propo se d fo r Pa rce l A . The C ity of Sou th M ia mi a lso req ues ts that twenty percent (20%) of the hous in g, as re com mended in the C ity's Comprehen s ive Pl an, be deve loped as non-st udent , affordab le/workforce ho us ing. Th e City of So uth M ia mi further reque sts that improvements be made to SW 591h Place to accommodate th e increase in vehic ul ar, bicyc le a nd pedestrian traffic and improve the aesthetic s of the ri ght-of-way. Section 3. Correction s. Confo rm ing lan g uage or tech nical sc ri ve ne r-type correction s may be made by the City Attorney for a ny conformin g am e ndments to be in corporated into the final resolution for s ig nature. Section 4. Severabilitv. If any section c lause . se nt enc e. o r phrase of th is re so lut ion is fo r a ny rea so n he ld in va lid or un co nst ituti o nal by a court of competent juri sd icti on . the ho lding w ill not affect the va lidity o f t he remainin g porti ons of thi s reso lu tion. Section 5. The C lerk is in s tructed to de li ve r this reso lut io n to the M iami-Dad e County Boa rd of Cou nty Commi ss ioners and me mbers of the Rapid Tran s it Developmen t Impact Com mittee . Section 6. Effective Date. Thi s reso luti on w ill beco me effective immed iate ly up o n adoption by vo te of the C ity Commi ss ion . PASS ED AND A DOPTE D thi s 51h day of Jul v. 2022. ATTEST: c9v\~ READ AND AP PROV ED AS TO FORM , LANGUAGE, LEGA LITY, AN D EXEC UT ION THEREOF: COMM ISS IO N VOT E: Mayor Ph ilips : Comm iss io ne r Harris : Co mmi ss ioner G il: Commissioner Corey: Co mmi ssio ne r Liebman: Page2of2 3 -2 Yea Yea Nay Nay Yea Agenda Item No:5. City Commission Agenda Item Report Meeting Date: July 5, 2022 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commissioners for the City of South Miami, Florida, objecting to the proposed mixed-use project submitted by TSS Phase I, LLC and TSS Phase II, LLC on behalf of Miami-Dade County Transit for property located at the corner of SW 72nd Street and SW 59th Place. 3/5 (Mayor Philips) Suggested Action: Attachments: TSS_Phase_I_Resolution_06-28-2022_CArev.docx 1