6100 SW 70 ST_PB-01-016 y
w
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY,FLORIDA
CIVIL DIVISION
CASE NO. 07-24640 CA-10
VALENCIA SOUTH MIAMI, LLC,a
Florida corporation,
Plaintiff,
V.
CITY OF SOUTH MIAMI, a Florida
municipal corporation,
Defendant.
FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on June 16, 2010, on the Plaintiffs Motion for
Summary Judgment. After hearing argument of counsel and reviewing the relevant papers and
Motion for Summary Judgment and exhibits, it is:
ORDERED AND ADJUDGED:
1. -On September 18, 2001, the City Commission of the City of South Miami
("Commission") unanimously adopted Resolution No. 134-01-11282, ("Resolution"), which
approved the construction of a large scale development at 600.1 S.W. 70th Street in South Miami
(the "Property") in the City of South Miami's ("City") Transient Oriented Development District
("TODD") (MU-5)zoning district.
2. Because the proposed development was to be located on property within the
TODD (MU-5) zoning district and the project site was 122,610 square feet, the proposed
development project was reviewed through the City's special use permit process. Pursuant to
Case No. 07-24640 CA-10
Section 20-8.9(B), authorizing the City to grant special exceptions in the TODD (MU-5) zoning
district the Resolution also approved two exceptions to the City code requirements,one of which
granted a modification of the City code parking requirements by reducing the number of required
parking spaces from 585 spaces to 550 spaces.
3. After the City adopted the Resolution, the proposed development project was
constructed. Subsequent to its completion, the City issued a certificate of occupancy for the
development,which was thereafter occupied by tenants.
4. On March 9, 2005, Valencia closed on its purchase of the Property relying upon
the City Commission's 2001 Resolution which reduced the number of required parking spaces
from 585 spaces to 550 spaces.
5. The Commission's adoption of the Resolution and granting of the special
exception reducing the parking requirements for the improvements was specifically authorized
by the City's land development code(LDC).
6. Section 20-4.4(H) was in force at the time the Resolution was enacted by the
Commission.
7. The Resolution, which was drafted and approved by the City, is legally sufficient
.to confer the parking requirement reduction.
8. As the Florida Supreme Court has observed and the First District has reiterated,
"[t]he reasonable expectation of every citizen `that he will be dealt with fairly by his
2
Case No. 07-24640 CA-10
government,' can forth the basis for application of equitable estoppel against a governmental
entity.
9. Florida courts have repeatedly applied estoppel against a governmental entity
when doing so is necessary to avoid an injustice being perpetrated on an innocent party.
10. Most recently, this application of estoppel against a local government was
espoused by the Third District in Castro v. Miami-Dade County Code Enforcement, 967 So. 2d
230, 2007 WL 2043443 (Fla. 3d DCA July 18, 2007). In Castro,the County sought to enforce a
setback requirement against property owners who had purchased a home that, at the time of
purchase, already had an addition that intruded into the required setback and had done so since it
was built. Id. at 232. During the 20 years that the owners held the property, the County had
issued other permits for the property to allow repairs and further improvements without bringing
to the owners' attention the setback violation created by the addition.
11. Since Valencia purchased the property fully developed and in reliance upon the
2001 City Commission Resolution,the Court grants Plaintiff's Motion for Summary Judgment.
And therefore,it is the Order of the Court that:
Resolution No. 134-01-11282, which grants the reduced parking requirement for the
subject property from 585 spaces to 550 spaces is valid, legally enforceable and binding on the
City;
The City is enjoined from refusing to recognize the validity of,Resolution No. 134-01-
11282.
3
Case No. 07-24640 CA-10
The City is permanently enjoined from taking any adverse action with respect to the
reduced parking requirement as delineated in this Final Summary Judgment.
JON 10 MON. CIRCUIT JUDGE
Acting MARGARITA ESQUIROZ
CIRCUIT JUDGE
Copies furnished all counsel of record
4
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY,FLORIDA
CIVIL DIVISION
CASE NO. 07-24640 CA-10
VALENCIA SOUTH MIAMI, LLC, a
Florida corporation,
Plaintiff,
V. -
CITY OF SOUTH MIAMI,a Florida
municipal corporation,
Defendant.
FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on June 16, 2010, on the Plaintiffs Motion for
Summary Judgment. After hearing argument of counsel and reviewing the relevant papers and
Motion for Summary Judgment and exhibits,it is:
ORDERED AND ADJUDGED:
1. On September 18, 2001, the City Commission of the City of South Miami
("Commission") unanimously adopted Resolution. No. 134-01-11282 ("Resolution"), which
approved the construction of a large scale development at 6001 S. V. 70th Street in South Miami
(the "Property") in the City of South Miami's ("City")Transient Oriented Development District
("TODD") (MU-5)zoning district.
2. Because the proposed development was to be located on property within the
TODD (MU-5) zoning district and the project site was 122,610 square feet, the proposed
development project was reviewed through the City's special use permit process. Pursuant to
r
Case No. 07-24640 CA-10
Section 20-8.9(B), authorizing the City to grant special exceptions in the TODD (MU-5) zoning
istrict the Resolution also approved two exceptions to the City code requirements,one of which
d ,
anted a modification of the City code parking requirements by reducing the number of required
parking spaces from 585 spaces to 550 spaces.
the Resolution, the proposed development project was
3. After the City adopted
constructed. Subsequent to its completion, the City issued a certificate of occupancy for the
development,which was thereafter occupied by tenants.
4. On March 9, 2005, Valencia closed on its purchase of the Property relying upon
the City Commission's 2001 Resolution which reduced the"number of required parking spaces
from 585 spaces to 550 spaces.
5.
The Commission's adoption of the "Resolution and granting of the special
exception reducing the parking requirements for the improvements was specifically authorized
by the City's land development code(LDC).
6. Section 20-4.4(H) was in force at the time the Resolution was enacted by the
Commission.
7. The Resolution, which was drafted and approved by the City, is legally sufficient
to confer the parking requirement reduction.
8. As the Florida. Supreme Court has observed and the First District has reiterated,
"[t]he reasonable expectation of every citizen `that he will be dealt with fairly by his
2
r
Case No. 07-24640 CA-10
government,' can form the basis for application of equitable estoppel against a governmental
entity.
9. Florida courts have repeatedly applied estoppel against a governmental entity
when doing so is necessary to avoid an injustice being perpetrated on an innocent party.
10. Most recently, this application of estoppel against a local government was
espoused by the Third District in Castro v. Miami-Dade County Code Enforcement, 967 So. 2d
230, 2007 WL 2043443 (Fla. 3d DCA July 18, 2007).. In Castro,the County sought to enforce a
setback requirement against property owners who had purchased a home that, at the time of
purchase, already had an addition that intruded into the required setback and had done so since it
: was built. Id. at 232. During the 20 years that the owners held the property, the County had
issued other permits for the property to allow repairs and further improvements without bringing
to the owners' attention the setback violation created by the addition.
11. Since Valencia purchased the property fully developed and in reliance upon the
2001 City Commission Resolution,the Court grants Plaintiff s Motion for Summary Judgment.
And therefore,it is the Order of the Court that:
Resolution No. 134-01-11282, which grants the reduced parking requirement for the
subject property from 585 spaces to 550 spaces is valid, legally enforceable and binding on the
City,
The City is enjoined from refusing to recognize the validity of Resolution No. 134-01-
11282.
3
Case No. 07-24640 CA-10
The City is permanently enjoined from taking any adverse action with respect to the
reduced parking requirement as delineated in this Final Summary Judgment.
L GMN. CIRCUIT JUDGE
Acting MARGARITA ESQUIROZ
CIRCUIT JUDGE
Copies furnished all counsel of record
4
RESOLUTION NO. 134-01-11282
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20-8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A
LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU-5)",
TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5);
(2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL
OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0(ZERO)FRONT
SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE
BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE
FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY
LEGALLY DESCRIBED AS LOTS i THROUGH 25, BLOCK 15,
-LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED
ON THE SOUTH BY S.W. 70Th STREET, ON THE EAST BY SW 59TH
PLACE,ON THE NORTH BY SW 69TH STREET,AND ON THE WEST
BY SW 61ST AVENUE.
WHEREAS, Application No. PB-01-016 was submitted to the Planning and Zoning
Department by Shoal Creek Properties L.L.C., said application requesting approval to construct a
large scale development on property in a TODD zoning district and two special exceptions to
modify regulations pertaining to parking spaces and building setback for property legally described
as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south
by S.W.. 70'x' Street, on the east by S.W. 59`h Place, on the north by S.W. 69`b Street, and on the
west by S.W. 61st Avenue
WHEREAS, the purpose of the special exception request is to permit the development
of a six story residential apartment building with 294 dwelling units and 6,812 square feet of
commercial space on a site with 122,610 square feet; and
WHEREAS, the proposed development is located in a "TODD (MU-5)", Transit
Oriented Development_District (Mixed-Use 5) Use District; and Land Development Code Section
20-8.9(B) requires that any project on a site larger than 40,000 square feet in a TODD zoning
district is considered a large.scale development and must be reviewed by the Planning Board/City
Commission via the special use permit process; and
WHEREAS, the special exception application procedure also allows for
consideration of modifications (exceptions) to the standards specified in the TODD district;
and
WHEREAS, the applicant is requesting the following special exceptions: (1) provide
550 required_parking spaces where a total of 585 spaces are required; (2) maintain a 0 (zero) front
setback for the fifth and sixth floors of the building where a 20 (twenty) foot setback from the face
of the building is required;and
WHEREAS, after review and consideration, the Planning and Zoning
Department recommended approval of the application ; and
Scriber's error corrected 10/22/01
WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed special
exception application , the Planning Board recommended approval by a vote of(4-1); and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the subject application submitted by Shoal Creek Properties L.L.C.,
requesting approval to construct a large scale development on property in a TODD zoning
district and legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision,
said site being bounded on the south by S.W.. 701h Street, on the east by S.W. 591h Place, on
the north by S.W. 69th Street,and on the west by S.W. 61 St Avenue, is hereby approved.
Section 2. That special exception requests to (1)provide 550 required parking spaces where
a total of 585 spaces are required; and (2)to maintain a 0 (zero) front setback for the fifth and
sixth floors of the building where a 20 (twenty) foot setback from the face of the building is
required; all for the above described project are hereby approved.
Section 3. This resolution shall be effective on the date when both the Comprehensive Plan
Future Land Use Map amendment application and the Official Zoning Map amendment
application for the same property are effective.
PASSED AND ADOPTED this 18, day ofSept. , 2001.
ATTEST: APPROVED:
CITY CLERK MAYO
Commission Vote: 5-0
READ AND APPROVED AS TO FORM: Mayor Robaina: Yea
Vice Mayor Feliu Yea
Commissioner Bethel: Yea
--� Commissioner Russell Yea
f�P Commissioner Wiscombe: Yea
CITY ATTORNEY
Page 2 of 2
South Miami
All-Amefica Cily
° INCORPORATED °
1 927 y,
P
2001
Excellence, Integrity, Inclusion
To: honorable Mayor,'Vice Mayor Date: September 18,2001
And City Commission
�yl
From: Charles D. Scurr Re: Agenda Item #
City Manager ' ,f Special Exception Approval
Large Scale Project in TODD
Shoal Creek Properties
Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
.CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20-8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A
LARGE.SCALE DEVELOPMENT USE IN THE "TODD (MU-5)11,TRANSIT
ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE
550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES
ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR
THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20
(TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS
REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS I
THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID
SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET,ON THE
EAST BY SW 59T" PLACE, ON THE NORTH BY SW 69T" STREET, AND
ON THE WEST BY SW 615T AVENUE.
SUMMARY OF REOUEST
The applicant, Shoal Creek Properties, is requesting-.approval to construct a large scale development on
property in a TODD zoning district. The site is a 2.81 acre property, as legally described above. The
proposed development.consists of a six story residential apartment building with 294 dwelling units and
6,812 square feet of commercial space. In addition to the large scale development use approval the
applicant is also requesting two special exceptions to modify regulations pertaining to parking spaces and
building setback.
A separate application requesting a rezoning to the TODD (MU-5) district addressed how the proposed
development responds to the standards(density, site plan, design) in the Code.
APPLICABLE REGULATIONS
A special exception section in the TODD regulations (Sec.20-8.9) requires that any new development
built in the zoning district which exceeds 40,000 square feet must be reviewed by the Planning Board and
LDC Special Exception
Shoal Creek Properties
September 18, 2001
Page 2 of 3
City Commission using the special use approval process. The special exception application procedure also
allows for consideration of modifications(exceptions)to the standards specified in the TODD district.
REQUESTED SPECIAL EXCEPTIONS
Required parking special exception. The applicant is providing 550 total parking spaces, which includes
526 spaces in an attached six.story garage, and 24 spaces located.on street. The current TODD district
parking requirement for this project (including a bonus reduction for providing arcade space), is 585
spaces. The applicant is requesting that a modification to allow for 550 spaces to be approved, or a
variance of 35 spaces or 6 percent.
It is important to note that under previous regulations, developments within 1,500 feet of the MetroRail
Station were able to reduce required parking by up to fifty percent, depending upon the nature and type of
use and its potential user relationship to rapid transit facilities. While the City has been in the process of
examining and modifying this provision of the LDC, it is clear that the proposed development is the type
of transit oriented facility envisaged by the Metrorail parking provisions, and that a credit for proximity to
Metrorail is appropriate. Previous credit could have been up to 50 percent; the'request here is for only.6
percent, which we believe is fully justified.
Note also that the City's Zoning Task Force is recommending that parking requirements for each type of
multifamily dwelling unit in the TODD district should be reduced in order to reflect close access to and
potential utilization of the Metro-Rail. The revision, reducing the parking requirement for efficiency and
one bedroom units to one space, is the same adjustment also recommended for the Hometown zoning
district. If that reduction was in effect, the developer in this case would be required to provide a total of
519 parking spaces for residential and commercial uses, which is less than the amount being proposed. It
would appear that modification request of the applicant is reasonable and should be supported.
Building Setback at Fifth and Sixth Floors: The applicant is requesting a waiver of the current TODD
Regulating plan provision requiring a 20' set back for the upper levels of any building, 5"' floor level and
above. This is done for design and visual compatibility purposes, and is very appropriate for high rise
buildings. The applicant has stated that this setback seriously impacts residential construction which
utilizes vertical chases for utility lines and connections. In that the height of the applicant's building has
been limited to 6 stories,the request for the setback waiver is supportable
PLANNING BOARD RECOMMENDATION
The Planning Board at its August 28 2001 meeting adopted a motion recommending approval of the
special exception application. The motion to approve was made by Mr. Comendeiro and seconded by Ms.
Yates.The motion was adopted by a vote of 4 ayes and 1 nay(Mr. Liddy).
RECOMMENDATION
It is recommended that the application requesting special exception approval: 1) to construct a large scale
development use in a TODD district;2)to allow a total of 550 required parking spaces;and 3)to waive the
20' building line setback at the 5°i and 6"'floors; be approved.
LDC Special Exception
Shoal Creek Properties
September 18, 2001
Page 3 of 3
Attachments:
Proposed Resolution
Application
Letter of Intent
Location map
Copies of Public Notices
Citizen Comment Letter(1)
Planning Board Minutes 8-28-01
CS/RGL/SAY
DAComm Items\2601\9-18-01\Special Excep Shoal Creek Report.doc
City of South Miami
Planning & Zoning Department JUL 13 4T01
City Hall,6130 Sunset Drive, South Miami,Florida 33143
Telephone:(305)663-6326; Fax: (305)666-4591 P1annln
9 epeftment
Application For Public Hearing )Before Planning Board & City.Commission
Address of Subject Property: S.W. 70 Street&61 Ave. Lot(s) 1-25 Block 15 Subdivision Larkin Townsite
PB 2-106
Meets& Bounds: See Attached Exhibit"A"
Applicant: Shoal Creek Properties, LLC Phone: (305) 859-8420
Representative: Joseph G. Goldstein, Esq. Organization: Alterman, Senterfitt & Edison, P.A.
Address: One S.E. 3`d Street, 28'h Fl. Phone: (305) 755-5855
Miami, Florida 33133
Property Owner: See Attached Exhibit"B" Signature:
Mailing Address: 2665 S. Bayshore Drive, 702 Phone: (305)859-8420
Coconut Grove, A. 33133
Architect/Engineer: Mouriz, Salazar&Assoc, Inc. Phone: (305) 273-9911
Miami, Florida 33156
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
X Owner Owner's Representative —Contract to purchase =Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE.FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC „Variance X Letter of intent
X Zoning Map Amendment —Special Use X Justifications for change t/
_PUD Approval _Special Exception Statement of hardship
—PUD Major Change —Other X Proof of ownership or lVer from owner
_Power of attorney
Briefly explain application and cite specific Code sections: X Contract to purchase v
Zoning Amendment from Medium Intesity Office(MO)to Transit-Oriented X Current survey(1 original sealed and V
Development District(TODD)Mu-5 Designation. signed/1 reduced copy @ 11'°x 17')
X 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11"x 17"
X 20% Property owner signatures
Section: 20 Subsection: 55^7 Page#-. 110 Amended Date:April 2000 X Mailing labels (3 sets) and map
X Required Fee(s) V/
e un ersigned has this completed application and represents that the information and al[ submitted materials are true and
correct o the best f z plicant's knowledge nd belief. 4 '
{ t' �fi6(�ti`lti July 13, 2001 0
Z licant"s Signature and title Date
n receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code an ther
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted U,
Method of Payment
8/2/00
AKERMAN SENTERFIT r
ATTORNEYS AT LAW
SUNTRUST INTERNATIONAL CENTER �� q (1�y.
ONE SOUTHEAST THIRD AVENUE, 28TH FLOOR ! 3 2WI
MIAMI, FLORIDA 33131-1714
PHONE(305) 374.-5600 • FAX(305) 374-5095
http://www.akerman.com ��8+fl1- 9 Department
Joseph G.Goldstein
(305)755-5855
www.jgoldstein @akerman.com August 13, 2001
VIA HAND DELIVERY AND FAX
Mr. Richard Lorber
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Shoal Creek Properties, L.L.C. ("Shoal Creek') / First Amendment to Letter of
Intent. and Filing of Application to Transit-Oriented Development District
(TODD)MU-5 and Request for Special Exception Approval
Dear Mr. Lorber:
This-constitutes the first amendment and supplement to the letter of intent of Shoal Creek,
which was filed in conjunction with the filing of applications to rezone the 2.8 net acre vacant
and generally unimproved property located at the northwest corner formed by the intersection of
S.W. 59`h Place and S.W. 70"' Street, which is legally described in Exhibit A of the previously
filed application (the "Property"),.from MO to TODD MU-5 and seeking an associated Special
Exception approval as required pursuant to section 20-8.9 of the City of South Miami (the
"City") Land Development Code.
Shoal Creek's requests arise in light of the its plans to develop a 294 dwelling unit multi-
family apartment building at an floor area ratio of 2.53. It should be noted that revised plans
have already been submitted to the City under separate cover. These revised plans differ from
those originally,submitted in several favorable respects:
1. The total number of dwelling units has been reduced from 314, as proposed on
the originally submitted plans, to 294 on these plans.
2. The height of the structure has been clarified on the plans to reflect the height
to the top of the roof(58t feet).and to the top of parapet(62t feet).
iMI679267;31 AKERMAN, SENTERFITT & EIDSON, P.A.
PORT LAUDERDALE JACKSONVILLE ORLANDO TALLAHASSEE TAMPA WEST PALM BEACH
Mr. Richard Lorber
.8/13/01
Page 2 -
3. Notwithstanding that there is no floor area ratio requirement in the TODD
district regulations, an PAR of 2.53 is reflected on these plans, which is a
reduction from the 2.55 PAR proposed on the original plans.
4. The commercial/office space proposed, including arcade area, is 9,409±
square feet.
5. The proposed construction materials are shown on drawings A-5 through A-7.
6. A landscape plan has been provided as sheet L-1 within the submittal package.
7. The 5 foot right of way dedications along S.W. 6151 Avenue, S.W.69'h Street,
and S.W. 59"Place are shown on the plans.
8. The garage element, which may be accessed at three.locations (in the center
and at each end)., has been clarified by showing the gate and card reader as
fixed elements, the ramp elevation, and handicapped accessible spaces. We
maintain the garage in the originally proposed location in order to ensure the
ultimate functionality of the units, proximity to commercial/office uses, and
preserving the most recreational amenities, while attempting to keep the
garage elevation as residential in appearance in order for it to be compatible
with nearby residential uses.
9. Trash recepticals and chutes are common in such structures. Containers will
be wheeled out at time of pickup.
10. The continuous sidewalk is shown on sheets A-1 and L-1. The separation
between the units and sidewalk are shown on sheets L-1 and A-7. Courtyard
areas are shown on sheet L-1.
11. To the extent appropriate at the time of development, tree removal permit
applications will be provided to and processed with all agencies with
jurisdiction over the project.
Two elements of the plan bear additional discussion. Based on certain interpretations of
City Land Development Code requirements, without bonus reductions based on multiple uses,
the project is .required to contain 585 parking spaces, while the plans reflect that 550 are
provided.' to addition, while the City's TODD regulations do not specify setback requirements,
the Regulating Plan (which does not include the subject property)contained in section 20-8.17 of
`It should be noted that the TODD district regulations provide for a 20%reduction from on-site parking
requirements where more than three uses are located within the site. It is the opinion of Shoal Creek that more than
three uses are proposed within the project,to wit:multi-family residential,numerous office uses, storefront retail
uses,convenience facilities and others. However,the City staff has opined that this project does not qualify for.this
bonus. Shoal Creek is proceeding with this request to have the City acknowledge that the bonus is available for it to
use,but is also Tequesting a special exception as suggested by the City staff without waiving its claim that this bonus
is available for its use.
{46679267;31
Mr. Richard Lorber
8/13/01
Page 3
the City Code alludes to the fact that uses above four stories may be required to have their
facades setback 20 feet from the front face of the building and buildings should be setback 20
feet from the rear property line.. In fact, the fifth and sixth floors of the proposed structure do not
setback. Moreover, the project is designed such that it occupies an entire City block and treats
each side as a building front. Instead, the building's design has provided significant variations in
its dimensions along the horizontal line instead of the vertical elements on all sides, which
privides a greater sense of pedestrian scale at the street level.
City staff has indicated that the special exception being sought for this project can address
the parking and setback related matters. As noted, it is unclear whether the Code actually
imposes a setback within the TODD district being requested. Moreover, the parking requested
will more than adequately serve the proposed project, in Iight of the proximity of the property to
the South Miami MetroRail Station.' However, the special exception section cited does recognize
that a special exception is required if there is no setback provided from the property line,
Therefore, we are requesting this special exception in an abundance of caution
This application requested the rezoning of the Property and approval of a special
exception. Please note that Section 20-8.9 of the City's Land Development Code requires that
the special exception be processed through the Planning Board as if it were a Special Use Permit
application. We believe that a "Special Use Permit" is not required, but rather that the process
must merely be followed in order to obtain Special Exception approval.
Please note that this letter is a supplement to the original letter of intent provided with the
applications for rezoning and special exception in this matter. All of that .letter and the
justifications in support of the application contained therein are incorporated here by reference.
To that end and based on the foregoing, Shoal Creek respectfully requests your favorable
recommendation of this request for rezoning of the Property to TODD MU-5 and the approval of
the requested special exception. We stand ready to address any of y r comments and concerns.
Sincere , ,
Jo ph st n
cc: Mr. Michael Getz
Mr. J.W. Harris
Ines Marrero-Priegues, Esq.
Please note that section 20-4.4(H)of the City Land Development Code authorizes a reduction of up to 50 percent
of required parking for projects within 1500 feet of MetroRail. This project is well within that radius and is seeking
a mere 5.98%reduction from its required parking. However,the City advises that the Special Exception referenced
in section 20-8.9 of the City Land Development Code is the appropriate vehicle for seeking approval of the
necessary reduction. Therefore, we will not seek this special parking permit at this time,though reserve the right to.
do so at a later date. Still,the proximity of the Property to the MetroRail Station clearly supports a reduction of the
required parking.
(MI679267;31
UNIV'ERSIW PLACE AT SOUTH MIAMI
Special Exceptions / Rezoning
from MO [Medium-intensity Office use]
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NOTICE OF PUBLIC HEARING �I
CITY OF SOUTH MIAMI :: I
Planning and Zoning Department
130 Sunset Drive;'Soulh Miami,Florida
MIAMI DAILY BUSINESS REVIEW &Phone(305)663-6326;Fax# (305)666-45913
Published Daily except Saturday,Sunday and
Legal Miami-Dads On.Tuesday, August 28 2001, at 7:30 P.M. the City of South Miami
Miami,Miami-Dade County,Florida
Planning Board will 'conduct Public Hearings in the City Commission
STATE OF FLORIDA Chambers at the above address on the following items:
COUNTY OF MIAMI-DADE: pB-01-015
Applicant: Shoal Creek Properties L.L.C.
Before the undersigned authority personally appeared Request:. AN ORDINANCE OF THE MAYOR AND CITY COM-"•II
O.V.FERBEYRE,who on oath says that she is the MISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,I.
SUPERVISOR,Legal Notices of the Miami Daily Business RELATING TO A REQUEST TO AMEND THE OFFI-
Review f/k/a Miami Review,a daily(except Saturday,Sundav CIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
and Legal Holidays)newspaper,published at Miami In Miami-Dade BY CHANGING THE ZONING USE DISTRICT.FROM
County,Florida;that the attached copy of advertisement, THE 'MO', MEDIUM-INTENSITY OFFICE DISTRICT
being a Legal Advertisement of Notice in the matter of TO 'TODD(MU-5)', TRANSIT ORIENTED DEVELOP-
MENT DISTRICT(MIXED USE 5)FOR PROPERTY LE-
GALLY DESCRIBED AS LOTS 1 THROUGH 25,
BLOCK 15,LARKINS TOWNSiTE SUBDIVISION,SAID
SITE BEING BOUNDED ON THE SOUTH BY S.W.
CITY OF SOUTH MIAMI PUBLIC HEARING 70TH STREET,ON THE EAST BY SW 59TH PLACE,
ON THE NORTH BY SW 69TH STREET,AND ON THE
WEST BY SW 61 ST AVENUE;PROVIDING FOR SEV-
AUG.28,2001 -PS-01-015 8,PB-01-016 ERABILITY;PROVIDING FOR ORDINANCES IN CON-
FLICT;AND PROVIDING AN EFFECTIVE DATE.
in the XXXX Court,
was published in said newspaper in the issues of PB-01-016
Applicant: Shoal Creek Properties L.L.C. j
08117!2001 Request: A RESOLUTION OF THE MAYOR AND CITY COMMIS-?
SION OF THE CITY OF SOUTH MIAMI,FLORIDA,RE-;
LATING TO A REQUEST PURSUANT TO SECTION .
20-8.9(B)OF THE LAND DEVELOPMENT CODE FOR
Affiant further says that the said Miami Daily Business A SPECIAL EXCEPTION APPROVAL TO:(1)'LOCATE
Review is a newspaper published at Miami in said Miami-Dade A LARGE SCALE DEVELOPMENT USE IN THE*TODD
County,Florida and that the said newspaper has� I (MU-5)',TRANSIT ORIENTED DEVELOPMENT DIS-
heretofore been continuously published in said Miami-Dade County, TRICT(MIXED USE 5);(2)PROVIDE 550 REQUIRED
Florida,each day(except Saturday, Sunday and Legal Holidays) PARKING SPACES WHERE A TOTAL OF 585 SPAC-
and has been entered as`second class mail matter at the post ES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO)
office in Miami in said Miami-Dade County,Florida,for a FRONT SETBACK FOR THE FIFTH AND SIXTH
period of one year next preceding the first publication of the FLOORS OF THE BUILDING WHERE A 20(TWENTY)
attached copy of advertisement;and aff iant further says that she FOOT SETBACK FROM THE FACE OF THE BUILD-
ING IS REQUIRED; ALL FOR PROPERTY LEGALLY
has neither paid nor promised any person,firm or corporation
DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15,
any discount,rebate,commission or refund for the purpose t.ARKINS TOWNSITE SUBDIVISION, SAID SITE BE-
of securing this ad rtiseme r pu ication in the said ING BOUNDED.ON THE SOUTH BY S.W."70TH
newspaper. STREET, ON THE EAST BY SW 59TH PLACE, ON
THE NORTH BY SW 69TH STREET, AND ON THE
WEST BY SW 61 ST AVENUE;PROVIDING FOR SEV-
c ERABILITY;PROVIDING FOR ORDINANCES IN CON-.
FLICT;AND PROVIDING AN EFFECTIVE DATE.
S orn to a subscribed or a this
For more information regarding these applications or any matter,
1 d of U A. 00 please call(305)663.6326
All interested parties are urged to attend.Objections or expressions of
approval may be made in person at the hearing or filed in writing prior to or
at the hearing.The Planning Board reserves the right to recommend to
the City Commission whatever the board considers in the best interest for
(SEAL) the area involved.Interested parties requesting information are asked to
contact the Planning and Zoning Department by calling 663-6326 or writ-
O.V.FERBEYRE per n, ynown to m9-;AF.IA t•f;;igA ing to the address indicated above.
°= I &CC 8556%1f GGB tI5cN 40
EXPIRES:
You are hereby advised that if any person desires to appeal any deci
:n .
ry NCh 4,2004
ttdea lnru Ttnrary auDrrc uneerxiirore Sion made•with respect to any matter considered at this meeting or hear-
L_ ing,such person will need a record of the proceedings,and for such Our-
pose may need to ensure that a verbatim record of the proceedings is,
mader'Which record includes the testimony and evidence upon which the
Appeal is to be based(F.S.286.0105). Refer to hearing number when
making any inquiry.
8117 01.3-73/189942M
alwtii�, COURTESY SUMMARY NOTICE
.' . '.CITICOF,SOUTHMIAMI :. '.': •:
Planrim and Zoning Department
45IW Sunset Drive,South Miami.'Flodda 33143.
''. Phone:(305)663.6326;Fax M(305)666.4591' ;
On Tuesday,'August 28,2001,at 7:30 P.M.the City of South Miami Planning Board will 1$
conduct Public Hearings In the Chy Commission Chambers at the above address on the. 11
following'Items: :.
AN ORDINANCE OF.THE MAYOR AND CITY COMMISSION OF THE CITY OF 50UTH.fAiAMI,?
FLORIDA,RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITa' '.
OF SOUTH MIAMI BY CHANGING THE ZONING USE DISTRICT FROM THE'MO m ILI
INTENSITY'OFFICE DISTRICT TO 'TODD(MU•5)',TRANSIT ORIENTED.pEVELOPMENT
DISTRICT(MIXED USED 5)FOR PROPERTY LEGALLY DESCRIBED AS LOTS I-THFiO '
GH
25,BLOCK 1S,LARKINS MWNSITE SUBDIVISION,SAID SITE BEING BOUNDED bN THE
SOUTH BY S.W.70TH STREET,ON THE EAST BY SW 59TH PLACE,ON THE NORTH BY Sir?
69TH STREET,AND ON.THE WEST BY SW 61 ST AVENUE;PROVIDING FOR SEVERMILTTY;;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.;..-.7.'.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY.OF SOUTH MIAMI,.
FLORIDA,RELATING TO A REQUEST PURSUANT TO SECTION.20.8.9(B).QF,THE LAND
DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO:(1)LOCATE A LARGE-
SCALE DEVELOPMENT USE IN THE'TODD'(MU,-S)',TRANSIT ORIENTED DEVELOPMENj-'
DISTRICT(MIXED USE 5);(2)PROVIDE 550 REQUIRED PARKING SPACES.WHERE'A-TOTAC'
OF 585 SPACES ARE REQUIRED;(3)MAINTAIN A 0(ZERO)FRONT SETSACK.FOR THE
FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 26(TWENTY)FOOT_SETSACK' i
FROM THE FACE OF THE BUILDING IS REQUIRED;ALL FOR PROPERTY LEGALLY• I
DESCRIBED AS LOTS 1 THROUGH 25,BLOCK 15,LARKINS TOWNSITE SUBDIVISION,SA1D I
SITE BEING BOUNDED ON THE SOUTH BY S.W.70TH STREET,-ON THE EAST-BY SW 59TH
PLACE,ON THE NORTH BY SW 69TH STREET,AND ON THE WEST BY SW 61ST AVENUE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND,
PROVIDING AN EFFECTIVE DATE,.
For more'Intorrrrafion regarding these applications or any matter,please call(305)663. All
interested partes'ar 6326.
e urged to attend,Objections or expressions at approval may be made In
person at the hearing or filed In writing prior to or at the hearing.The Planning Board reserves the
"right to recommended to thwCity Commission whatever the board considers In the best interest
for the area involved.interested parties requesting information'are asked to contact the Planning i
and Zoning Department by calling 6636326 or writing to the address Indicated above.
You'are hereby advised that if any person desires to appeal any decision made with respect to
any matter considered at this meeting or hearing, such person will need a,record of the
proceedings,and for such purpose may need to ensure that a verbatim record of the proceedings
is made,which record includes the testimony and evidence upon which the appeal is to be based
(F•S.286.0105). '
CITY CIF SOUTH MIAMI
NOTICE OF PUELIC"HURINCS
NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida s1n)I conduct Public
Hearings at its regular City Commission meeting scheduled for Us*September 18,2001 beginning'at
7:30 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider the foWng:
AN ORDLN,LNCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 1
FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND OEVEi.OPMENTC00E BY REVISING
SECTION 20.3.3(D) ENTITLED`PERMITTED USE SCHEDULE'.SECTION 20-3.4 (B) (5)
ENTITLED'GASOLINE SERVICE STATIONS"AND.SECTION 203.4(6)(20)ENTITLED"MOBILE
AUTOMOBILE WASHIWAX SERVICE'IN ORDER TO PROVIDE THE LOCATIONS AND SPECIFIC
STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES. PROVIDING FOR
SEVERABIUTY: PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20-4.3(1)(5)IN ORDER TO
INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
RELATING TO A REQUEST PURSUANT TO SECTION 20.3(8)(4)(6) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT"1909 CAFE' IN THE "GR"GENERAL RETAIL ZONING USE DISTRICT,
SPECIFICALLY LOCATED AT 5714 BIRD ROAD.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE"MO%
MEDIUM-INTENSITY OFFICE DISTRICT TO 'TODD (MU-5)'. TRANSIT ORIENTED
DEVELOPMENT DISTRICT(MIXED USE 5)FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1
THROUGH 25,BLOCK 15,LARKINS TOWNSITE SUBDIVISION,SAID SITE BEING BOUNDED
ON THE SOUTH BY S.W.70th STREET,ON THE EAST BY SW 59Th PLACE,ON THE NORTH BY
SW 69th STREET,AND ON THE WEST BY SW 61st AVENUE.PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO A REQUEST PURSUANT TO SECTION 208.9(6)OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO:(1)LOCATE A LARGE
SCALE DEVELOPMENT USE IN THE"TODD(MU-5)",TRANSIT ORIENTED DEVELOPMENT
DISTRICT(MIXED USE 5);(2)PROVIDE 550 REQUIRED PARKING SPACES WHERE ATOTAL OF
585 SPACES ARE REQUIRED;(3)MAINTAIN A 0(ZERO)FRONT SETBACK FOR THE FIFTH
AND SIXTH FLOORS OF THE BUILDING WHERE A 20(TWENTY)FOOT SETBACK FROM THE
FACE OF THE BUILDING IS REQUIRED;ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS
1 THROUGH 25,BLOCK 15,LARKINS TOWNSITE SUBDIVISION,SAID SITE BEING SOUNDED
ON THE SOUTH BY S.W.70th STREET,ON THE EAST BY SW 590 PLACE,ON THE NORTH BY
SW 696t STREET.AND ON THE WEST BY SW 61st AVENUE;PROVIDING FOR AN EFFECTIVE t
DATE. Id
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI.
FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY
REVISING SECTION 20-2.3 ENTITLED'PERMITTED USE SCHEDULE-,SECTION 20-8.5 Q j
ENTITLED'COMMERCIAL USE',AND SECTION 208.7 ENTITLED Z.IGHT INDUSTRIAL USE.IN
ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF
EXISTING PERMITTED-INDUSTRIAL USES IN THE "TODO•(L1-4)' TRANSIT ORIENTED
DEVELOPMENT DISTRICT(LIGHT INDUSTRIAL-4)ZONING DISTRICT; PROVIDING FOR B
SEVERA81UTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
_ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, y _
FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING C7
SECTION 203.6(H)(2)IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES
USED AS FENCING,SCREENING OR LANDSCAPING.PROVIDING FOR AN EFFECTIVE DATE:
PROVIDING FOR SEVERA81LITY: PROVIDING FOR ORDINANCES IN CONFLICT; AND m
PROVIDING AN EFFECTIVE DATE. M
M
Said ordinance can be inspected at the City Clerk's Office,Monday-Friday during regular office hours. M
Inquiries ccncernirg this item should be directed to the Planning Department at 305.663.6326: CCo
ALL interested parties are invited to attend and will be heard m
Ronetla Taylor.CMG
City Clerk p
City of South Miami
I'MU ra ro fiVOA aah,Zes 2M,0105.it*City berety advises Ne%m Nat d a pew cede acml any demien made ty Cis acam, fA
Ageccy or Carmsw.mth=ed*at!matter omsicered at is r ae N or beans>•.e u sre M2 nwo a wad of Ne CroceeFngs,and
Cat V such xmcse,h afrered cerscn ma need;o ensure that a vemaem tttt+d d to x QerSs s made whzR rem d rdu�des Ne
ies,•s•:"arse accm mcn er i tte acfea:s;o to based.
SOUTH MIAMI HOMEOWNERS ASSOCIATION
August 22, 2001
South Miami Planning Board
Richard Lorber
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Planning Board,
This letter concerns a request for a special exception approval for property legally
described as lots 1 through 25, block 15, Larkins townsite subdivision to provide 550
regUiree parking spaces where a total of 585 spaces are required; and maintain a 0
(zero) front sed)ack for the fifth and sixth floors of the building where a 20 (twenty) foot
setback from the face of the building is required.
Both requested exceptions raise concern. It appears that the exceptions being
proposed are based on what the developer wants to provide rather than on what was
previously determined in the TODD regulations to be good practice. It is also
disturbing that the Zoning Task Force is recommending changes in the TODD
regulations to placate this developer. Planning Board and Zoning Task Force, please
explain your mc-ior-s!
While it.is understood that the city government is desperate to get this project done to
supply funding for the Community Redevelopment Agency(CRA), the quality of the
development and the physical environment of the area should not be compromised.
The proposed building will be here for a long time -- much longer than the CRA. We
request that best practices and guidelines be maintained to ensure the long-term
success of the area.
Sincerely,
Francis Meltzer
(President)
SMHA, P.O. Box 432756, South Miami, 1'L 33143
:::a.a>::, DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, August 28, 2001
City Commission Chambers
7:30 P.M.
L Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38 P.M.
Action: The Pledge of Allegiance was recited in unison.
H. Roll Call.
Action: Mr. Morton performed roll call.
Board members present constituting a quorum.: Mr. Liddy, Mr. Mann, Mr. Morton, Mr.
Juan Comendeiro and Ms. Yates.
Board members absent: Mr. Illas and Ms. Gibson.
City staff present: Subrata Basu (ACM). Richard G. Lorber (Planning Director), Sandy
YoukiIis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M.
Menendez(Board Secretary).
III. Public Hearings
PB-01-015
APPLICANT: '"'Shoal Creek Properties L.L.C.
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY CHANGING THE ZONING USE DISTRICT FROM THE"MO", MEDIUM-
INTENSITY OFFICE DISTRICT TO "TODD(MU-5)", TRANSIT ORIENTED
DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY
DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE
SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 7oTH
STREET, ON THE EAST BY SW 59TIl PLACE, ON THE NORTH BY SW 69TH
STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOE
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
August 28, 2001
Page 2 of 5
Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items
pertaining to Shoal Creek Properties were interelated, therefore they would be discussed
simultaneously and will be voting on them separately. Mr. Lorber presented a summary of
the request for the rezoning of the above-described property, from "MO'.'.Medium-intensity
Office Use District, to the proposed zoning, the "TODD (MU-5)," Transit Oriented
Development District (Mixed-Use 5) Use District. A_Comprehensive Plan, Future Land
Map Amendment for this project received a Planning Board recommendation of approval
at its July 10, 2001 meeting and subsequently went before the City Commission where it
received first reading approval at its July 24, 2001 meeting.
The applicant is constructing a residential building with limited commercial uses on the
ground floor facing SW 59`h Place.
Applicants: Ines Marrero-Priegues, Esq., James Harris, Michael Getz,
(Shoal Creek Properties).
Mark Pollack, Rob Curtis, Ed Llorca
Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted
a visual presentation.
Inquiries and concerns of the Board included, but, were not limited to: whether access to
the garage from SW 691h Street is the best location; the Board did not feel that the three-
foot setback for the garage was reflected on the site plan; how the commercial section will
be serviced; types of amenities; types of retail; price range of residential units; per-unit
occupancy; and whether or not the proposed Mediterranean design of the building would
blend in with the rest of the City. y
Mr. Harris stated that SW 691h Street would be the most preferable access to the garage
because it is closer to the retail spaces. The applicant explained and reaffirmed to the
Board that the three-foot setback for the garage has been stipulated in the revised plan.
The commercial areaa will be serviced after hours. As for the exterior design of the
building it is required that the applicant bring the request to the Environmental Review &
Preservation Board (ERPB). The rental cost of the units will range between $800-$1,800.
Ms. Marrero responded to a question on occupancy per unit that the owner will need to
comply with current HUD guidelines.
Speakers (residents):
Cal Rosenbaum, 6101 Sunset PI
Yvonne Beckman, South Miami Homeowners' Assoc.
Craig Sherar
Michele Hebert, 7000 SW 64`h Ct
Walter Harris, 7100 SW 64`h Ct
Michael Miller, 6796 SW 62"a.St
Dean Witman, 6259 SW 70`h St
David Tucker, Sr., 2556 SW 78`h Ter
Planning Board Meeting
August 28, 2001
Page 3 of 5
Bexie Schwartz 6931 SW 62"d Ct
Roxanne Scalia, 6925 SW 63 d Ct
Catherine Goe 6241 SW SW 68th Street,#210
David Landoe 6926 SW 62nd Ct
Al Eliat, 7150 SW 62nd Ave
Greg Oravec, CRA Director
Concerns expressed by those speakers against the proposal, included but were not limited
to: increase in traffic congestion; security; insufficient parking spaces;school crowding;
loosing the green space; price range of rentals might be too high; management; size of
building; appropriate dumpsters location.
Those speakers in favor of the proposal believed that such project will help revitalize the
area.
Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the
motion with the following conditions:' (1) the applicant shall provide a minimum three-
foot setback between the garage.(north.side)and the sidewalk; (2) applicant to redesign the
proposed streetscape elements in order to conform to the Community Redevelopment Area
Streetseape Plans for the area; (3) entrance to the parking garage should be moved to the
west; and. (4) storefront delivery/service, to comply with City ordinances.
Vote: Ayes 5 Nays 0
PB-01-0x6
APPLICANT: Shoal Creek Properties L.L.C.
Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION
20-8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION
APPROVAL TO:(1)LOCATE A LARGE SCALE DEVELOPMENT USE IN THE"TODD
(MU-5)", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2)
PROVIDE 5.50 REQUIRED PARKING .SPACES WHERE A TOTAL OF 585 SPACES
ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH
AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK
FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY
LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE
SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70T"
STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET,
AND ON THE WEST BY SW 61ST AVENUE.
Action: Mr. Mann read the item into the record and staff presented the request, consisting
of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU-5)"
section; (2) provide 550 required parking spaces where a total of 585 spaces are required;
and (3) maintain .a 0 (zero) foot building line front set back where a 20 (twenty) foot
building line setback above the 4`h floor of the building is required.
1
Planning Board Meeting
August 28, 2001
Page 4 of 5
At this point, the Board, staff and the applicant discussed the above proposal.
Applicants: (Same as listed under PB 01-015 above).
Speakers (Residents): (Same as listed under PB 01-015 above).
Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a large
scale development use in a TODD district; (2) to allow a total of 550 required parking
spaces; and (3) to waive the 20' building line setback at the 5`h and 6`h floors. Ms. Yates
seconded the motion. y
Vote: Ayes 4 Nays I (Mr. Liddy)
PB-01-012
APPLICANT: City of South Miami
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,RELATNG TO A REQUEST TO
AMEND THE CITY OF SOUTH MIAMI LAND,DEVELOPMENT CODE
BY REVISING SECTION 20-3.3(D) ENTITLED "PERMITTED USE
SCHEDULE",SECTION 20-3.4 (B) (5) ENTITLED "GASOLINE SERVICE
STATIONS" AND SECTION 20-3.4(B)(20) ENTITLED "MOBILE
AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR
LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES
OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Morton read the item into the record. At.this point, Mr. Comendeiro
requested that the item be deferred.
Motion: .Mr..Comendeiro moved to defer the request and Mr. Man seconded the motion.
Vote: Ayes 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates)
Action: The motion to defer this item failed, therefore the Board proceeded to discuss
the proposal, which will place the appropriate restrictions and requirements on various
types of car wash activity. On July 24, 2001, the City Commission initiated the process,
directing staff to prepare a draft ordinance f6r review by the Planning Board and.the City
Commission.
Speakers: Marcia Tabares and Don Smith, Wash World
Robert Shapiro, Esq.
Planning Board Meeting
August 28, 2001
Page 5 of 5
The Board, staff and the speakers briefly discussed the proposed ordinance, which has
been revised as per the Planning Board recommendations at its meeting of August 14,
2001, addressing mobile car wash services as permitted and special uses in the appropriate
zoning districts, and setting additional conditions of operation.
Motion: Mr. Mann moved to approve the request and Mr. Liddy seconded the motion.
Vote: Ayes 5 Nays 0
Mr. Lorber reminded Mr. Shapiro that since acting as a lobbyist he needs to register with
the City Clerk as soon as possible.
V.. Approval of Minutes
Action:
A. ,The Board duly voted on and approved the minutes of August 14, 2001.
Vote: Ayes 5 Nays 0
VI, Discussion Items
There were no discussion items.
VIL Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the.
meeting at approximately 11:06 PM.
RGL/mmm
K:\PB\PB Ivtinutes\2001 Nfinutes\NIINS 08-28-01.doc
f,.
so Ur South Miami
NI-America Cih►
U "t
INCORPORATED
1927 �
A
O Rte
2001
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor Date: September 18, 2001
And City Commission
From: Charles D. Scurr Re: Agenda Item #
City Manager Special Exception Approval
Large Scale Project in TODD
Shoal Creek Properties
Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20-8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A
LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU-5)11, TRANSIT
ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE
550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES
ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR
THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20
(TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS
REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1
THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID
SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE
EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND
ON THE WEST BY SW 61ST AVENUE.
SUMMARY OF REQUEST
The applicant, Shoal Creek Properties, is requesting approval to construct a large scale development on
property in a TODD zoning district. The site is a 2.81 acre property as legally described above. The
proposed development consists of a six story residential apartment building with 294 dwelling units and
6,812 square feet of commercial space. In addition to the large scale development use approval the
applicant is also requesting two special exceptions to modify regulations pertaining to parking spaces and
building setback.
A separate application requesting a rezoning to the TODD (MU-5) district addressed how the proposed
development responds to the standards(density, site plan, design) in the Code.
APPLICABLE REGULATIONS
A special exception section in the TODD regulations (Sec.20-8.9) requires that any new development
built in the zoning district which exceeds 40,000 square feet must be reviewed by the Planning Board and
r-
LDC Special Exception
Shoal Creek Properties
September 18, 2001
Page 2 of 3
City Commission using the special use approval process. The special exception application procedure also
allows for consideration of modifications(exceptions)to the standards specified in the TODD district.
REQUESTED SPECIAL EXCEPTIONS
Required parking special exception. The applicant is providing 550 total parking spaces, which includes
526 spaces in an attached six story garage, and 24 spaces located on street. The current TODD district
parking requirement for this project (including a bonus reduction for providing arcade space), is 585
spaces. The applicant is requesting that a modification to allow for 550 spaces to be approved, or a
variance of 35 spaces or 6 percent.
It is important to note that under previous regulations, developments within 1,500 feet of the MetroRail
Station were able to reduce required parking by up to fifty percent, depending upon the nature and type of
use and its potential user relationship to rapid transit facilities. While the City has been in the process of
examining and modifying this provision of the LDC, it is clear that the proposed development is the type
of transit oriented facility envisaged by the Metrorail parking provisions, and that a credit for proximity to
Metrorail is appropriate. Previous credit could have been up to 50 percent; the request here is for only 6
percent,which we believe is fully justified.
Note also that the City's Zoning Task Force is recommending that parking requirements for each type of
multifamily dwelling unit in the TODD district should be reduced in order to reflect close access to and
potential utilization of the Metro-Rail. The revision, reducing the parking requirement for efficiency and
one bedroom units to one space, is the same adjustment also recommended for the Hometown zoning
district. If that reduction was in effect, the developer in this case would be required to provide a total of
519 parking spaces for residential and commercial uses, which is less than the amount being proposed. It
would appear that modification request of the applicant is reasonable and should be supported.
Building Setback at Fifth and Sixth Floors: The applicant is requesting a waiver of the current TODD
Regulating plan provision requiring a 20' set back for the upper levels of any building, 5t" floor level and
above. This is done for design and visual compatibility purposes, and is very appropriate for high rise
buildings. The applicant has stated that this setback seriously impacts residential construction which
utilizes vertical chases for utility lines and connections. In that the height of the applicant's building has
been limited to 6 stories,the request for the setback waiver is supportable
PLANNING BOARD RECOMMENDATION
The Planning Board at its August 28 2001 meeting adopted a motion recommending approval of the
special exception application. The motion to approve was made by Mr. Comendeiro and seconded by Ms.
Yates.The motion was adopted by a vote of 4 ayes and 1 nay(Mr. Liddy).
RECOMMENDATION
It is recommended that the application requesting special exception approval: 1) to construct a large scale
development use in a TODD district; 2)to allow a total of 550 required parking spaces; and 3)to waive the
20' building line setback at the 5t"and 6 t"floors;be approved.
LDC Special Exception
Shoal Creek Properties
September 18, 2001
Page 3 of 3
Attachments:
Proposed Resolution
Application
Letter of Intent
Location map
Copies of Public Notices
Citizen Comment Letter(1)
Planning Board Minutes 8-28-01
CS/RGL/SAY
DAComm Items\2001\9-18-0 1\Special Excep Shoal Creek Report.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20-8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A
LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU-5)",
TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2)
PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585
SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT
SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING
WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE
BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY
DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS
TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE
SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON
THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61sT
AVENUE.
WHEREAS, Application No. PB-01-016 was submitted to the Planning and Zoning
Department by Shoal Creek Properties L.L.C., said application requesting approval to
construct a large scale development on property in a TODD zoning district and two special
exceptions to modify regulations pertaining to parking spaces and building setback for
property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said
site being bounded on the south by S.W.. 701h Street, on the east by S.W. 59th Place, on the
north by S.W. 691h Street, and on the west by S.W. 61St Avenue; and
WHEREAS, the purpose of the special exception request is to permit the development of a six
story residential apartment building with 294 dwelling units and 6,812 square feet of
commercial space on a site with 122,610 square feet; and
WHEREAS, the proposed development is located in a "TODD (MU-5)", Transit Oriented
Development District (Mixed-Use 5) Use District; and Land Development Code Section 20-
8.9(B) requires that any project on a site larger than 40,000 square feet in a TODD zoning
district is considered a large scale development and must be reviewed by the Planning
Board/City Commission via the special use permit process; and
WHEREAS, the special exception application procedure also allows for consideration of
modifications (exceptions)to the standards specified in the TODD district; and
WHEREAS, the applicant is requesting the following special exceptions: (1) provide 550
required parking spaces where a total of 585 spaces are required; (2) maintain a 0 (zero) front
setback for the fifth and sixth floors of the building where a 20 (twenty) foot setback from the
face of the building is required; and
WHEREAS, after review and consideration, the Planning and Zoning Department
recommended approval of the application ; and
}
WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed special
exception application , the Planning Board recommended approval by a vote of(4-1); and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the subject application submitted by Shoal Creek Properties L.L.C.,
requesting approval to construct a large scale development on property in a TODD zoning
district and legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision,
said site being bounded on the south by S.W.. 70th Street, on the east by S.W. 591h Place, on
the north by S.W. 69th Street, and on the west by S.W. 61s'Avenue, is hereby approved.
Section 2. That special exception requests to (1) provide 550 required parking spaces where
a total of 585 spaces are required; and (2) to maintain a 0 (zero) front setback for the fifth and
sixth floors of the building where a 20 (twenty) foot setback from the face of the building is
required; all for the above described project are hereby approved.
Section 3. This resolution shall be effective on the date when both the Comprehensive Plan
Future Land Use Map amendment application and the Official Zoning Map amendment
application for the same property are effective.
PASSED AND ADOPTED this , day of , 2001.
ATTEST: APPROVED:
CITY CLERK MAYOR
Commission Vote:
READ AND APPROVED AS TO FORM: Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
CITY ATTORNEY
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