Res No 012-23-15946RESOLUTION NO. 012-23-15946
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA APPROVING A SPECIAL EXCEPTION PURSUANT
TO SECTION 20-8.9 OF THE LAND DEVELOPMENT CODE TO ALLOW
A LARGE-SCALE DEVELOPMENT CONSISTING OF UP TO SIX
STORIES ON PROPERTIES LOCATED AT 5920 AND 5928 SW
68th STREET, AND LEGALLY DESCRIBED IN THE ATTACHED
EXHIBIT "A"; PROVIDING FOR CONDITIONS; ENFORCEMENT OF
CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, 68th Street Development LLC and 59th Street Development LLC (the
"Applicants"), submitted Application No. PB-22-016 (the "Application"), requesting a large scale
development approval pursuant to Section 20-8.9 of the Land Development Code (the "LDC") to
allow development of up to six stories for the 0.503 acre (21,908.87 square feet) (the "Project")
on the property located at 5920 and 5928 SW 68th Street (the "Property"); and
WHEREAS, the Property is zoned Transit-Oriented Development District Mixed-Use 5
(TODD MU-5); and
WHEREAS, the Application is required to effectuate the proposed development that
consists of:
• 626 square feet of retail uses;
• 17,203 square feet of office space;
• 795 square feet of lobby area;
• 25 studio rental apartments;
• 90 Parking Spaces (76 required), including 20 EV Spaces and two (2)
Loading Spaces;
• Public Pedestrian Arcade (Bonus Floor Request); and
• Landscaping and resident amenity terrace.
WHEREAS, in a staff report analyzing the Application dated February 7, 2023 from Hank
Flores, Planning and Zoning Director, to Genaro "Chip" Iglesias, staff makes the following
findings that the Application: (I) furthers the intent of and is consistent with the Comprehensive
Plan; (2) is in keeping with the Transit-Oriented Development District land use designation as it
is intended to provide for the development of office and residential uses in a multi-story, mixed-
use development that is characteristic of transit-oriented developments; (3) meets all Level of
Service requirements; (4) meets the criteria set forth in Section 20-8.9 of the LDC for approval of
a large scale development; ( 5) will not adversely affect the health and safety of persons in the
surrounding area, nor will it be detrimental to the neighborhood if certain transportation
improvements are made; and ( 6) the proposed site plan is consistent with Article Ill, Section 20-
3 .1 (A and B), 20-3.3 (D), Article IV, Section 20-4.4, and 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
LDC; and
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Res. No. 012-23-15946
WHEREAS, pursuant to Section 20-8.9 of the LDC, the approval of a large scale
development requires a review by the Planning Board and a recommendation to approve, deny, or
approve with conditions, as well as the approval of the City Commission after a public hearing;
and
WHEREAS, at a public hearing on December 13, 2022, the Planning Board voted five (5)
to one (I) to recommend approval of the proposed application, subject to conditions; and
WHEREAS, the City Commission of the City of South Miami, having held a public
hearing on February 7, 2023, and having considered each of the special exception criteria listed in
Section 20-8.9 of the LDC and having found that those conditions have been met, desires to
approve the Application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals and Findings. The recitals set forth in this resolution are true and
correct, and are supported by competent substantial evidence, and they are incorporated into this
resolution by reference as if set forth in full herein. The City Commission finds that the
Application meets the requirements of Section 20-8.9 of the LDC, including the criteria of Sections
20-8.9(C) and 20-8.9(D) of the LDC.
Section 2. Approval. The Application submitted by the Applicants, requesting a large
scale development approval on the Property, is hereby approved.
Section 3. Conditions. This Application is hereby approved subject to the following
terms and conditions that were accepted by the Applicant at the hearing, as well as all applicable
City ordinances, codes, rules and regulations:
I. The proposed development will be substantially built in accordance with the Plans
submitted entitled "SoMi Incubator" prepared by Civica Architecture and Urban
Design consisting of 31 Sheets: Cover Sheet 12/6/2022; Survey prepared by 3TCI, Inc.
consisting of 2 sheets -dated 2021.07.07; Sheet EX-I (Traffic Signage and Marking
Plan) prepared by Kimley Hom dated Jan. 27, 2023; Sheets A020, A021 and A022
(Site and Context Images) prepared by Civica Architecture and Urban Design
consisting of 3 Sheets dated 12/6/2022; Sheet A025 (Vehicular Maneuverability
Diagrams) prepared by Civica Architecture and Urban Design consisting of 1 Sheet
dated 12/6/2022; Sheet AIOI (Ground Floor Plan) prepared by Civica Architecture and
Urban Design consisting of 1 Sheet dated 1/24/2023; Sheets Al02, Al03, Al04, Al05,
A I 06 and A I 07 (Floors 2-6 and Roof Plans) prepared by Civica Architecture and
Urban Design consisting of 6 Sheets dated 12/6/2022; Sheets A200, A201, A202 and
A203 (Section and Elevations) prepared by Civica Architecture and Urban Design
consisting of 4 Sheets dated 12/6/2022; Sheets A204, A205 and A206 (Aerial Views,
Aerial Contextual Views and Renderings) prepared by Civica Architecture and Urban
Design consisting of3 Sheets dated 12/6/2022; Sheets LAl-01, LAl-02, LAl-03, LAl-
04, LA 1-05 and LA2-0 I {Tree Disposition, Planting Plans and Details) prepared by
Gardner + Semler Landscape Architecture consisting of 6 Sheets undated; Sheets IR 1-
01, IRI-02, IRl-03 and IR2-01 (Irrigation Plans and Details) prepared by Gardner+
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Res. No. 012-23-15946
Semler Landscape Architecture consisting of 4 Sheets undated. Traffic Impact Analysis
SoMi Incubator (dated November 2022) prepared by Kimley-Hom and Associates, Inc.
2. As proffered by the Applicant at the hearing, the Applciant shall re-evaluate and
potentially redesign residential units to increase unit size. Revisions to the site plan to
implement such increase in unit size may be approved administratively by Planning
Director even if such increase results in an increase in floor area approved in this
resolution.
3. All documents submitted with this Application are to be made part of the record.
4. 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.
5. Any improvements in the Public Right-of-Way shall be approved by the City of South
Miami, Miami-Dade County, and/or FDOT dependent upon jurisdiction.
6. All Impact Fees shall be paid by the Applicant prior to the issuance of any Building
Permits.
7. The Applicant shall provide a letter acknowledging compliance with the applicable
Level of Services requirements prior to the issuance of the Final Permit for the
Property. If any concurrency approvals expire, a re-review shall be required by the
Agency Having Jurisdiction ("AHJ").
8. Any changes that increase densities, intensities, or population shall require a new
Concurrency Analysis.
9. Flood elevations shall be reviewed and approved for consistency with FEMA
requirements and the City's National Insurance Flood Program Ordinance prior to the
issuance of the Building Permits.
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. That the number of bicycle spaces for both residents and the public be maintained as a
requirement of this approval.
12. That the required Arcade be maintained and open to the public as a requirement of
being granted a Bonus Floor.
13. That pursuant to Sec. 20-4.3, LDC, Sign Regulations, a Master Signage Plan be
submitted, under separate permit.
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Res. No. 012-23-15946
14. That any Access and Maintenance Agreement for the pedestrian arcade be submitted
to the City for review and approval, in form ad substance acceptable to the City
Attorney.
15. That the Applicant post a Sustainability Fee Payment Bond or fully pay the
Sustainability Fee in an amount equal to five Percent (5%) of the construction value
per Sec. 20-8.13 (B)(6)(a), LDC.
16. That the Project obtains Environmental Review and Preservation Board ('ERPB')
approval prior to Building Permit.
17. That the Project meets the requirements of Sec. 20-4.4(0), LDC relating to Electric
Vehicles.
18. That the Application meet the requirements of Sec. 20-8.13(B), LDC, Green Buildings.
19. That a signed and sealed Stormwater Pollution Prevention Plan be submitted at the time
of ERPB review.
20. That a signed and sealed Paving, Grading, and Drainage Plan be submitted at the time
ofERPB review.
21. That all Americans with Disabilities Act ("ADA") standards and requirements are met.
22. That all sidewalk widths meet ADA requirements.
23. That the Project meets the requirements of Sec. 20-8.4(0) relating to Affordable
Housing to provide three (3) affordable housing units within the Project.
24. That a signed and sealed Geotechnical Report confirming concrete sidewalk and
pavement sections and hydraulic conductivity for the soils be submitted at the time of
Building Permit.
Construction General Conditions:
25. 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.
All construction vehicles are prohibited from using Sunset Drive, unless otherwise
approved by the Department.
26. 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.
27. The Applicant shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
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Res. No. 012-23-15946
28. A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Applicant at time of Building Permit.
29. Construction shall only take place Monday through Friday during the hours of 8:00
a.m. and 5:00 p.m.
Landscaping:
30. 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.
31. The Property shall be landscaped in accordance with the landscape plan, included with
the site plan submittal.
32. Pursuant to Sec. 20-4.5 of the LDC, 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 or relocated, the Applicant shall be required to
obtain a tree removal permit from the City prior to the removal and/or relocation of any
tree and mitigate the impact in accordance with City requirements. If the relocated
trees do not survive, the Applicant shall be required to replace the trees in compliance
with City requirements.
Environmental:
33. 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.
34. All storm water drainage systems, including the stormwater vault under the park, shall
be maintained in working order at all times in order to avoid localized flooding during
and after a storm. Parking shall be prohibited on top of any drainage inlet or drainage
manhole.
Architecture:
35. Substantial compliance with the approved plans to include: design, materials, and color
palette, subject to the approval of the Environmental Review and Preservation Board.
Section 4. Enforcement of Conditions. The Applicants understand and
acknowledge that they must comply with these conditions and all other applicable requirements
of the LDC and City Code before they may commence construction or occupancy, and that the
foregoing approval in this Resolution may be revoked by the City at any time upon a
determination by the City Commission, following a public hearing, that the Applicant or any
successor owner is in non-compliance with the LDC, the City Code and/or the conditions of this
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Res. No. 012-23-15946
Approval and have failed to cure, or to prov id e an acceptable plan to time ly c ure , the non-
compliance.
Section 5. Corrections. Conforming la nguage or te chnical scriven er-type correction s
m ay be made by the C ity Attorney fo r any conforming amendments to be in corporated into the
final resolution for signature.
Section 6. Severability. In the event a ny portion or section of this Resolution is
d e termined to be invalid, ill egal or unconstit u tio na l by a court or agen cy of competen t jurisdiction,
s uch decis ion s hall in no way affect the remaining portions of t hi s Resolution, w hich s hall remain
full force and effect.
Section 7. Effective Date. T hi s Resolution s ha ll become effective immediately upon
adoption.
PASSED AND ADOPTE D t hi s 7th day of February , 2023.
ATTEST:
w~~ CITY 'tLE
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AN D
EXE~F
C ITY ATTO RNEY
WEISS SEROT A HELFMAN
COLE & BIERMAN, P.L.
ST A TE OF FLORIDA )
COUNTY OF M IAMI-DAD E )
@)~
COMMISSION VOTE:
Mayor Fernandez:
Vice May or Bonich:
Com mi ss ioner Liebman:
Commissioner Corey:
Commissioner Calle:
5-0
Yea
Yea
Yea
Yea
Yea
I , N k enga "Nikki" Pay ne, CMC, FCRM, C ity Clerk of t he C ity of South M iami,
Florida, do hereby ce rtify t h a t th e abov e and foregoing is a true and correct copy of
R esolutio n No. 012 -23 -15946 ado pte d by the C ity Commission at it s m eetin g h eld on the
7th d ay of February, 202 3.
Iss ued : \() 17 / 2.D23
N Payne,
CM
City Clerk
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Res. No. 012-23-15946
LEGAL DESCRIPTION OF PROPERTY
5920 SW 68 th Street
Lots 11, 12, 13 and 14, of Block 11, REALTY SECURITIES CORPORATION'S
TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2, Page
105, of the Public Records of Miami-Dade County, Florida.
5928 SW 68 th Street
Lots 15 and 16, of Block 11, REAL TY SECURITIES CORPORATION'S
TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2, at Page
105, of the Public Records of Miami Dade County, Florida.
Page 7 of 7
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: February 7, 2023
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE
RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING
APPROVAL OF/DENYING] A SPECIAL EXCEPTION PURSUANT TO SECTION 20-8.9 OF THE LAND
DEVELOPMENT CODE TO ALLOW A LARGE-SCALE DEVELOPMENT CONSISTING OF UP TO SIX
STORIES ON PROPERTIES LOCATED AT 5920 AND 5928 SW 68th STREET, AND LEGALLY DESCRIBED
IN THE ATTACHED EXHIBIT “A;” PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS;
CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
FINAL_Commission_22-016_Staff_Report_Revised_AAD_012423.docx
45W5325-Resolution_Special_Exception__-_5920_and_5928_SW_68_St_-_CAv3.docx
PB-22-016 Supporting Documents.pdf
Draft PB Regular Meeting Minutes - 12-13-2022.pdf
SoMi Incubator Traffic Impact Analysis.pdf
SoMi Incubator City Commission Plans.pdf
MDBR Ad.pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:HONORABLE MAYOR,VICE MAYOR,AND MEMBERS OF THE CITY COMMISSION
VIA:GENARO “CHIP”IGLESIAS,CITY MANAGER
FROM:HANK FLORES,AICP,CFM,PLANNING AND ZONING DIRECTOR
ALEX DAVID,AICP,PLANNING CONSULTANT,CALVIN GIORDANO &ASSOCIATES,LLC
RE:SoMi Incubator – Special Exception
68th STREET DEVELOPMENT,LLC.AND 59TH STREET DEVELOPMENT,LLC.
5920 and 5928 SW 68
th Street
Date:February 7, 2023
APPLICANT:68th Street Development LLC and 59
th Street Development LLC
SUBJECT:PB-22-016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL EXCEPTION
PURSUANT TO SECTION 20-8.9 OF THE LAND DEVELOPMENT CODE TO ALLOW A
LARGE-SCALE DEVELOPMENT CONSISTING OF UP TO SIX STORIES ON
PROPERTIES LOCATED AT 5920 AND 5928 SW 68th STREET, AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBIT “A;” PROVIDING FOR CONDITIONS;
ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
PROPERTY LEGAL DESCRIPTION:
5920 SW 68th Street
Lots 11, 12, 13, and 14 of Block 11, of REALTY SECURITIES CORPORATION'S TOWNSITE OF
LARKINS,according to the Plat thereof,as recorded in Plat Book 2,Page 105,of the Public
Records of Miami-Dade County,Florida.
5928 SW 68th Street
Lots 15 and 16 of Block 11,REALTY SECURITIES CORPORATION'S TOWNSITE OF LARKINS,
according to the plat thereof, as recorded in Plat Book 2,at Page 105 of the Public Records
of Miami Dade County, Florida.
2
68th Street Development, LLC. and 59
th Street Development, LLC.
SoMi Incubator - Special Exception
5920 and 5928 SW 68
th Street
February 7, 2023
Page 2 of 14
BACKGROUND:
The Applicant, 68th Street Development LLC and 59th Street Development LLC, owns two (2)
parcels totaling 0.503 acre (21,908.87 square feet) located at 5920 and 5928 SW 68
th Street. The
properties are located south of SW 68
th Street between SW 58th Place and SW 59th Place.
Currently the sites are developed with a single-story structure (Office/Educational) and a small
playground.
The request is being made to effectuate the development of the parcels into a 6-story, mixed-
use project containing:
626 square feet of retail uses
17,203 square feet of office space
795 square feet of lobby area
25 studio rental apartments
90 Parking Spaces (76 required), including 20 EV Spaces and two (2) Loading Spaces
Public Pedestrian Arcade (Bonus Floor Request)
Landscaping and resident amenity terrace
As part of this application, the Applicant has submitted numerous revisions concerning the
following requests. The submittal dates referenced below are the most recently revised
documents.
*Amended Letter of Intent dated November 21, 2022
*Application for Special Exception (August 11, 2022)
*Final Plan Set:
Plans submitted entitled “SoMi Incubator” prepared by Civica Architecture and Urban
Design consisting of 31 Sheets: Cover Sheet 12/6/2022; Survey prepared by 3TCI, Inc.
consisting of 2 sheets – dated 2021.07.07; Sheet EX-1 (Traffic Signage and Marking Plan)
prepared by Kimley Horn dated Jan. 27, 2023; Sheets A020, A021 and A022 (Site and
Context Images) prepared by Civica Architecture and Urban Design consisting of 3 Sheets
dated 12/6/2022; Sheet A025 (Vehicular Maneuverability Diagrams) prepared by Civica
Architecture and Urban Design consisting of 1 Sheet dated 12/6/2022; Sheet A101
(Ground Floor Plan) prepared by Civica Architecture and Urban Design consisting of 1
Sheet dated 1/24/2023; Sheets A102, A103, A104, A105, A106 and A107 (Floors 2-6 and
Roof Plans) prepared by Civica Architecture and Urban Design consisting of 6 Sheets dated
12/6/2022; Sheets A200, A201, A202 and A203 (Section and Elevations) prepared by
Civica Architecture and Urban Design consisting of 4 Sheets dated 12/6/2022; Sheets
A204, A205 and A206 (Aerial Views, Aerial ContextualViews and Renderings) prepared by
Civica Architecture and Urban Design consisting of 3 Sheets dated 12/6/2022; Sheets LA1-
01, LA1-02, LA1-03, LA1-04, LA1-05 and LA2-01 (Tree Disposition, Planting Plans and
Details) prepared by Gardner + Semler Landscape Architecture consisting of 6 Sheets
3