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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 10, 2006
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, and Mr. Comendeiro.
Board members absent: Michael Davis
City staff present: R. Don O'Dlonniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Eve A. Boutsis, Esq. (City Attorney), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary):
III. Administrative Matters
A. Swearing in of Board Member.
Ms. Brenda Yates was sworn in under oath by City Attorney Eve Boutsis.
B. Election of Chair and Vice-Chair.
Motion: Mr. Comendeiro motioned to elect David Morton as Chair. Ms. Yates seconded
the motion.
Vote: Ayes 5 Nays 0
Motion: Mr. Comendeiro motioned to elect Brenda Yates as Vice-Chair. Mr. Beilman
seconded the motion.
Vote: Ayes 5 Nays 0
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Planning Board Meeting
January 10, 2006
Page 2 of 8
Mr. O'Donniley informed the Board that the Planning Board meeting of February 14, 2006
would have to be rescheduled to either February 15 or February 16, 2006. He explained the
reason for the date change is due to the City Elections being held in the City Commission
chambers. The Board and staff discussed the two dates and decided on February 16, 2006
as the date for the Planning Board meeting. Board member Mr. Comendeiro indicated that
he may have a conflict with the meeting date of February 16, 2006. Mr. O'Donniley let
the Board know that at tomorrow's City Commission meeting a new appointment is being
proposed to the Planning Board and the Board should anticipate the new board member
serving on the Board.
Chair Morton indicated he did not feel well and suggested deferring Items P13-05-022,
(Historic Designation Shelley Building) and PB-05-24 (New LDC Chapter VII). Staff
concurred with the suggestion made by Chair Morton. For item P13-05-022, Mr. Morton
asked the applicant and his attorney if they objected to having their item deferred till the
next meeting. Applicant and her counsel had no objection to the deferral.
Motion: Ms. Yates moved to defer items PB-05-022 and PB-05-024 till the Planning
Board meeting of January 31, 2006. Mr. Comendeiro seconded the motion.
Vote: Ayes 5 Nays 0
Before beginning Item P13-05-29, City Attorney Boutsis reminded the Board that if any
Board members have had any type of communication with an applicant from tonight's
agenda or any future applicant, the Board member much disclose this information. All
Board members acknowledged the City Attorney's reminder.
IV. Planning Board Applications / Public Hearings
PB-05-029
Applicant: Isidro Guillama
Location: 6001 SW 701h Street
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST TO REVISE THE SITE PLAN
ADOPTED BY ORDINANCE NO. 24-01-1755 FOR THE VALENCIA (UNIVERSITY
PLACE)BUILDING LOCATED AT 6001 SW 701h STREET BY AMENDING THE FIRST
FLOOR PLAN TO PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE
SPECIFICALLY FOR UNITS CU-105/106; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Action: Mr. Comendeiro read the item into the record. Mr. O'Donniley stated that the
current applicant is requesting that the adopted Site Plan be amended to permit a portion of
the commercial space as office space (insurance business). He also explained that the
adopted Site Plan indicated that all of the commercial space on the first floor of the
building facing SW 59 Place was to be "Retail". Mr. O'Donniley then provided some
background information about the building. He indicated that in 2001 the City Commission
approved a Comprehensive Plan land use category amendment and a zoning change to .
permit construction of the Valencia Apartment Building(University Place), a six-story
Planning Board Meeting
January 10, 2006
Page 3 of 8
multi-family residential development containing 294 dwelling units and 6,812 square feet
of commercial space. City Commission Ordinance No. 24-01-1755 approving the zone
change (MO to TODD-MU-5) was adopted on October 2, 2001. That ordinance stated that
the zone change was subject to a number of conditions, one of which read:
"The proposed development shall be shown on the Site Plan submitted to the City on
September 28, 2001, as may be modified by revisions required by condition set forth in
this section."
In addition, Mr. O'Donniley provided the following staff observations:
1) The Valencia property is in the process of converting from rental to condominium.
All residential units and commercial units are being sold. In August, 2005 the
property owner sold two of the commercial spaces (CU-5, CU-6)to the applicant.
2) During the review and approval process in 2001 it was mentioned on several
occasions that the commercial uses will be neighborhood oriented with local area
residents encouraged to establish businesses in the spaces available. This led to the
designation of the space as retail on the final site plan.
3) In 2001 the developer also received approval of a special exception allowing for
overall required parking to be reduced from 585 spaces to 550 spaces. One of the
explanations was that retail establishments located as part of the project would be
used by residents and reduce to some degree the number of spaces needed to
service the businesses.
4) The final site plan indicated that there were 28 spaces allocated to the commercial
uses. Although the space is designated as retail (one space for each 300 sq.ft.) the
required space provided was based upon the higher office use formula of one space
for every 250 square feet. Despite having insufficient parking, the applicant
explains in his letter of intent that he has purchased two designated parking spaces
from the developer. Staff is concerned about the legality of allowing purchase and
designation of spaces in a project which must use all existing spaces as required.
(The LDC prohibits sale of required spaces, Sec. 20-4.4L). Staff has concluded that
all parking in the existing structure is required to be part of a common element and
can not be sold.
5) Staff is concerned that the substitution of.office space in place of retail is an
abandonment of the concept that this area of the building would benefit the
neighborhood and would encourage a mixing of building and community residents.
Recommendation
Staff indicated that the application to amend the Site Plan (9-28-01) for the Valencia
(University Place) Development be denied.
Applicant: Isidro Guillama
Applicant's representative: Rosario Kennedy and Odalys Mon
Planning Board Meeting
January 10, 2006
Page 4of8
Mr. Guillama stated that granting this request would allow him to operate an insurance
office at the subject property. He indicated to the Board that he became aware too late in
the process of purchasing the units that an insurance agency is not one of the approved
uses in the building. He noted he has been serving this community for 17 years and wishes
to stay close by, since most of his clients live in the area. Additionally, he explained that he
purchased two designated parking spaces from the developer and that the proposed use he
seeks would not be an imposition on the residents of the adjacent area. Furthermore, Ms.
Mon stated that this proposed use will not create additional traffic and the business will
serve the community for this reason Mr. Guillama is requesting an amendment to the site
plan.
Chairman Mr. Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT/OPPOSE
David Tucker, Sr. Opposed
Mr. Tucker empathized with the applicant however; the applicant must realize the City
must uphold the conditions set forth by the ordinance.
Jose Plazos Supported
Mr. Plazos indicated that converting the units from retail to office would not affect the
traffic flow negatively. He disclosed he is the realtor that sold the units to the applicant.
Delores Flowers Supported
Mr. Flowers explained that she had bought three units in the building and is content with
the way her business is doing. However, if tonight's applicant gets approved she would
want to be entitled to the same exception.
Jay Beckman Opposed
Mr. Beckman indicated that the Board must follow the LDC and the conditions that were
approved back in 2001. He also commented that at the time of the request for the
amendment the applicant should have requested a parking variance.
Mr. Morton closed the hearing.
The Board, staff and applicant discussed the request.
Motion: Ms. Yates moved to approve the application. Mr. Comendeiro seconded the
motion.
Vote: Ayes 2 Nays 3 (Mr. Morton, Mr. Beilman, Ms. Lahiff)
Motion Failed
Motion: Mr. Beilman moved to deny the application. Ms. Lahiff seconded the motion.
Vote: Ayes 3 Nays 2 (Mr. Comendeiro, Ms. Yates)
Motion Approved
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE:MEMORANbum
To: Honorable Mayor,_V ce Mayor Date: February 7 2006
Commission Members
t: ITEM No.
From: Maria Davis lS Re: Site Plan Amendment,Valencia Apts.
City Manager 6001 SW 70 Street
ORDINANCE
AN.ORDINANCE OF THE_MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO.A REQUEST:TO t REVISE THE-SITE,PLAN.ADOPTED
BY ORDINANCE NO. 2"1-1755 FOR:THE,VALENCIA (UNIVERSITY PLACE) BUILDING
th
LOCATED AT 6001 SW 70. . STREET. BY .AMENDING TBE FIRST FLOOR PLAN TO
PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS
CU-105/106; PROVIDING FOR SEVERABI ITY '.PROVIDING FOR' ORDINANCES IN
CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND
An applicant; W. Isidro Guillama, has filed application PB-45-029 requesting that the adopted
Site Plan for the Valencia Apartment Building at 6.001 SW 70th`Street be amended to permit a
portion of the first floor commercial space to be used as office space(insurance business).
In 200.1 the City Commission approved a Comprehensive Plan land use category amendment
and a zoning change to permit construction of the'Valencia Apartment Building(University
Place),a six story multi-family residential development'containing 294 dwelling.units and 6812
square feet of commercial:space. City commission Ordinance No. 24-01-1755 approving the
zone change.(MO.to TODD-MU-5)was adopted on October 2,2001.That,ordinance stated that
the zone change was subject to a number of conditions,one of which read:
(1) The proposed development shall be as shown on the Site Plan submitted to the City
on,September 28, 2001,as may be modified by revisions.required by conditions set
forth in this section;
The adopted.Site Plan indicated that all of the commercial space on the first floor of the building
facing SW 59h Place was to be"Retail". "
.STAFF OBSERVATIONS
The Valencia property is in the process of converting from rental to condominium. All
residential units and commercial units are being sold. In August, 2005 the property owner.
sold two of the commercial spaces(CU-105, CU-106)to.the applicant.
Site P1an:Amendizrent..:
February 7 2005
Page 2 of 2
it;During the review and appro�ai process in 2001 t,was mentioned on several occasions that
the comiriercial{uses will be"neighborhood"onented with local'area residents encouraged to
estab'hsh businesses in the spaces available:This led t01 e designation of the space as retail
onthe final site plan
16100 1 the developer also received approval of a special exception allowing:for overall
required parking to be reduced 1tom"585 spaces to 550 spaces:One`vf the explanations was
that:retail :establishments located as part of the project would be used'by'residents and
reduce to some degree the number of spaces needed to service the businesses
The final site plan indicated:that there were 28 spaces allocated to the commercial uses.
Although the space IS designated as`retail (one space for each 300 sq ft)the reguirp. space
prow- cd was based upon the higher office use 1'grmula;of one space for every 250 square
feet ;Despite having insuffic'.'ient parking,the applicant eXpiains in his letter o"f uifent that he
has.purchased two designated:parking spaces from the'developer Staff is concerned about
the legAlity,of allowuig purcliase and ti )f-spaces in a pro3ect vyhich must use all
existing spaces as required (The LDC prohibits, sale of required:spaces,'Sec
204 4L)' Staff has
concluded.that;ail parking'iii.-the existing structure is;requited to`be part of a common
element and call not b e;sold
Staff is concerned hat file substitution of office space iri_place of retail is an'abandonment of
the concept that.: his area of the _building would benefit the ne%ghborlood and would
encourage a miming of fiiuilding and community residents
PLANNING BOARD ACTION
The Planning_Board at rta January 10,.2006 meeting.adopted a motion by a dote of 3 ayes 2.
nays (Mr Comendeiro, Ms:Yates) recommending that the site plan amendment application be
denied
RECOMIVLEN WIL K%jN
It is recommended that`the application to amend the Site Plan (9-28 O1) for the Valencia
(University Place)Development be denied.
Attachments
Draft Ordananc�(f apphcatton is to be approved)
Location Map
Appkcatton
L.etter,ofln'tent'
Ord Nb 24 01 1755
Site Plan Adopted 9 2&0,
P.lann�ng Board 1Vleettng Ex cerpt-110-06 .
Rubkr Notices� ::
w1bo s, '
EAComm Items --7-ooite Plan Amend 600170 St Report doe.
1
2
3 ORDINANCE NO
4
5' AN ORDINANCE OF TH MAYOR AND CITY C
E OMNIISSION'OF THE,CITY
6< -OF SOUTH MIAMI, FLORIDA,;RELATING TO A REQUEST; TO 'REVISE
7 THE ShTE PYAN ADOPTED BV 'ORDINANCE NO. '201 175546 R THE
8 'VALENCIA (UNNERSITY PLACE) BUILBING LOCATED AT 6001.SW 70
m
9` STREET::BY.AMENDING'THE FIRST FLOOR PLAN TO PROVIDE THAT•'`
1 Q OFFICE U5E CAN REPLACE RETAILUSE SPECIFICALLY FOR YTNiTS CU
11 105/106; PROVIDING FOR SEVERABIGITY, PROVIDING; FOR
12 ORDINANCES IN CONFI;ICT, ,AND 'PROVIDING. FOR AN.EFFECTIVE
13 DATE
14
15 WIIEREAS,,the Citycommission'at its Qctober;2,2001'meeting adopted Ordinance No:24=01-
1'6 1755 which approved a zonurg change amending the official zoning map of';the City of South Miami by;
17 changing the zoning use distnet for prbpertythen known as University Place and legally described as Lots
18 l through 25- 13 5, Larkins Townsit- Subdiv sion, aid site now known as the Valencia Building,
I9 6�b1;SW'70'� Street from "1VI0" Me dium-lntensity Office Use District to "TODD (MU-S)"; Transit
2Q Oriented Development District(Mixed Use 5j:: se District:, and
�1
22 WHEREAS,the purpose of the change of zoning was to periiut the construction of a six story
23 residential apartment building with 294,welting units and6,812 square feet of:commercial space;and
24:
25. WHEREAS, Section`2 of adopted Ordinance No 24-6, 1755 provided that the.zonmg:change
26 was subject to a'�umber of conditions; and
27
28 WHEREAS ':Condition No; (f)stated that "the proposed development shall be as.s.own on the
29 Site Ph6,§ubmttted to the City on September 28,20017''and
3
3 is WHEREAS,the adopted Site Plan dated'Setember 28,:2001 indicated that all of the commercial
32 space on the first floor of the buildmg'facmg;SVV 59 Place was to be"Retail" and
33:
34 j WHEREAS' App ication No PB 05-029 was submitted to the Planning Department by Mr.
35 Tsidro G"uillama requesting that the adopted Site Plan dated September 28,2001 be amended to permit an
36 office use:tn,Commercial Units. 105/106 which space is designated retail use;and 1.3?
3$ WHEREAS,the planing Boazd at its January 10 2006.meeting after a public hearing,adopted a
39, motion by a vcate of 3 ayes 2 nays recommending denial of the proposed revision to the adopted;Site
Plan dated Septeinbe�28,2001.
4 NOW, T$ERE 'ORE; BE TT ORDAINED ;BY THE MAYOR AND THE CITY
4 COMIVIISSION`OFIT
HE.CITY OE SOUTH NIIA.NII,FLORIDA.
44.
Section 1'That the adopted Site Plan dated.September 28, 2001 for the site riow known as:the Valencia
$wldmg; `5001 SV�70 Street;is hereby amended to permit office use' Commercial Units 105/106 on
4� the first floor of the building facing SW 59 Place.
48� -
4�9
5^0:
51
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1 (2)
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5 Section:2' If any section,clause,sentence,;or phra a of:this ordinance is for any reason held invalid.or
6 unconsritut�onal-by a court ofcompetent�ursdiction,this:fiolding shall'hot affect the validityof the
7 remammg portions of this ordinance:
8
9' Section`3 All ordinances or>parts of ordmances in conflict with the provisions of this ordinance are
10 hereby repealed:
12 Sechon.4 This ordinance shall be'effective immediately after the adoption hereof.
13'
14,
15 PASSED ANp:ADOPTED this day of.. ,2006
16
ATTEST: 'APPROVED:
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21:
CITY CLERK MAYOR
22
23 t�1eadi ig
24 2 Reading
25, ",
COMMISSION VOTE:
2d ;READ AND APPROVED AS TO'FQRM Mayor Russell
27 Vice Mayor Palmer:
.0
2$; ommissioner Wiscombei
29
Commissioner Buts-Cooper:
'CITY ATTORNEY' Commissioner Sherar:
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49 E:\Comm Items\2006\2=7-06\Site Plan Amend 6001 S.W70 St Ord doc
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City of South Miami
PB-05 029 Site Plan Amendment
6001. SW 70th Street
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■� City, of South'Miami
P1ann>ing & Zonmg.Department
City.Hall,61;30 Sunset Drive,Soutli Miami;Flonda 33143
Telephone (305)663-:6326, Fax.(305:)6664591
Applicahon.For Public Hear. Before Planning Board_&:City Commission
1 p ►ty Lot(s) Block SubdivisionTowrisite` of La lair
MVI_
Address of`Sub Subject Pro e: 6001 S •;[� 70 Street
Z .
Unit Cu..105/1,06, Miami, 'Florida 33143, PB '
Meets&Bounds:. .'
Applicant: `;Isidro Gullama Phon .(305) 99.2'-6316`
Representative Rosario Kennedy OrgBnizat Ion'Rosa:rio Kennedy & As ociates
Address 2.645 South $aysliore, Drive Ste,.2002 Phone (3Q;5) 58 0 2 (305..) 458-3176
Miami Florida . :33.133.
Property Owner Isidto Gi illama Signatur
Mailing Address 5329 Granada Blvd` Phone: 305) 99 6316
Architect/Ehgineer Phone.:
MIRE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP Tb TFII$'PROJECT
Owner =_Owners R preseritative : Contract o purchase Option to purchase TenanULessee
p .•.
APPLtCAT!ON IS HER9SY MADE FORTHE FOLLOWING. " SUBMITTED MATERIALS
PLEASE CHECK,THE APPROPRIATE ITEM. PLEASE CHECK ALL THAT APPLY:
Tent Amendment to LDG` Vanance
I E s Letter of intent::
Zoning Map Amendment ; _Speaal':.Use
PUD rb Justifications for change
APp psi= pep ion Statement of hardship
PUO MaiorChahg+e Other Proof of ownership or defter#rom owner
'<
F'.awer of:attorney
Bne a lain a hcation and cites ecific Code sections
Pp p { contract to purchase
Current survey(1 original sealed:and
rsi`ned/1 reduced co "
9
py @11.x17")
#` 3 ?, 1 r 15 copies of Site Flan and Floor Plans
` � 1 `�"—``v.�fG•yt ; i 1.reduced'copy @ 11"x:17"
.: C�
20%Property owner signatures
Section 3ubsectionJ t Page# Amended Date M g labels..(3 sets)and map
aibn
A Required Fe (s)
The un ersign d as r d t$>s;comppleted anplication.and represents•that the mfonn.W, and all "subthitted matenats are true'and
co c o the of dpi teat's knowle a and belief.
L2S.. f
PPhcant's i atw-e and title
3 a Date
pon rec9gipt, apppheah�ns and all submitted matenals mill be reviewed for�ompNance with"the Land Development Code and other
applicable regulsttions` 7?Iy1i aeons found noon compliance will be;rejected andreturned to_tlie:applicant
DFfll~ IIME ONLY
tae��Leci' Date of PB Hearin
�eti>aon R'
d oCommg Date ission aire Petition Accepted
�Aethpd of, a .ment 1 :.
3/2/00 1,X E,
Isidro Guillarna
T o Com Insurance Agency.
5329 Granada;Boulevard ,
Coral Gaffes, Florida 33133
October 12,100 5
LETTER OF INTENT.
VIrk HAND DELIVERY
Plannin g.and'Zoning Departmenf
City"of South Miami
Tonset i3ri�e uth Miami, Florida 33143
RE Appl�cat�on to obtain a Special Exception for the Zoning and Land Use for
Ordinance 24 0:101755 and Amend the'Site Plan;from Retail Use to Office
Use:for the property located at 6001 SW 70 Street, Units CU 105%106,
Miami, Florida 33143
TO WHOM IT.. . AY CONCERN: .
As the owner of the property located at 6001 S W::70 Street, Umts CU 105/106,
am filing an Application for Public Hearing before he Planning Board and
the City Commission, requesting a Sp6,cial Exception forthe Zoning.and Land
Use and an Amendment to-the.Site Plan from Retail Use'to Office Use for the
above-'re' ferenced properly:
This designa#ion.would allow me.. o operate a.n insurance office at the
sub": property: Unit 105 has 1;129 sq ft and Unit 106 has 1;140 sq ft ;Ln
addition to::purchasing the office units, l have purchased awo designated parking
spaces from the developer As such, the proposed-vse would not:be an
imposrt�on bn;the residents of the adjacent'area.
S rely,;
}
idro Guii rna
0 wner
:
ORDINANCE NO 14-;6_14:755
AN:ARDI°NANCE OF THE MAYOR AND-CI TY COMMISSION"OF THE
CITY OFSOUTH NIIAMI, _FLORIDA, RELATING REQUEST TO
AMEND. THE OFFICIAL:ZONING MAP OF THE.CITY' OF SOUTH,
1VIIANII LAND DEVELOPMENT CODE`BY CHANGING THE ZONING
USE; DiSTR.ICT`. FROM THE "MO", MEDIUM,INTENSITY OFFICE
D!I RICT`70 "TODD(MU S)", TRANSIT ORIENTED DEVELOPMENT
DIS'TRICT(MIXED USE 5)FOR PROTERTY LEGALLY DESCRIBED AS
r'LOTS 1 ' THROUGH 25; BLOCK 15, LARKINS, TOWNSITE
SUBDIVISION, SAID SITE BEING BOU. ED`ON THE SOUTH`BY S W.
70 STREET, ON THE EAST BY SW 59'PLACE, ON THE NORTH_BY
SW, 69'H
STREET, .AND ON THE WEST BY ,5W 61 AVENI7E
PROVIDI'NG FOR SEVERABILITY PROVIDING FOR ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Application No. PB-01 O I5 was submmted to,the Planning;arid Zoning Department
by Shoal Cree Properties L L.C.; said.apphcaton requesting'to amend tfie ofIiciai zoning map of.the
City of South"Miami by chaigmg;the zoiung use distract for property legally;described as:hots l'through
5, Block 15,Larkuis.Townsite Subdivision, said-site being bounded on the south by S W. 70`�`Street, on
the east by S W 59 Place, on the north:by S W. 69�' Street,,and on he west by 8,W' 64-::61 Avenue from
-MO" Medium Intensity Office Use Distract to "TODD (MU $)", Transit Oriented Development
,-
Distnct'{Iv*pd Use 5)Use District ,and
WHEREAS, the purpose`of the change of zoning is to permit the constriction of a. six
story restdenhal apartment building with 294 dwelling unrtis and;6,812 square feet of commercial
space; and
WHEREAS, the proposed rezoning is consistent'with the Amended`Future Land Use Map of the
City of South Miami C omp re e,rs Wet an 'and
WHEREAS, after review and consideration, the Planning and Zoning Department recommended
a Pp roval'of th on
wotion ;and e a P hcati
WHEREAS, on August 28, 2001, after Public Heariig regarding the proposed rezoning
application,thei Planning Board recommended approval with conditions:by a vote of(5-0);and
WHEREAS,the City Commission desires to accept the recommendation of the Planning Board
and enact the af'resaid'amend rent.:
NOW REFORE, BE ii.6RDAINED BY THE MAYOR-AND THE CITY COMMISSION
OF THE CTTYQl:SOUTH MIAMi FLORIDA;
Sectional That the ;Cjty's :Official Zoning Map shall,be amended by changing the zoning on
ro cities.for roe I all described as: Lots 1:throw 25 Block 15, Larkins Townsrte Subdivision,
P P P :P ' Y l ,
said site being boundekl on the`south by S:W. 70`�'Street;`.on the'eastby S.W:59� Place, on the north by
S:W 69' Street,:and inn the west by'S W. 61 'A Avenue from "MO" IVledium=intensity Office Use District
to'"TODD (MU=S)", transit Oriented Development District (Mixed Use 5) Use Distract;said rezoning.to
be:subject to the'?ond.t ors specified in Section.2 of this o diiance.
{
Section,2 Tbat the above change of zoning is subject to the followuig con Pons:
2
:Section 2.. That.the above change of zoning issu61ect to the following conditions:
(1) The proposed development shall be as shown on the Site.Plan ubmitted to the City-on
September 28,2001,as M be'modi I d by revisions required by conditions set forth in this p.
section;
(2) Apphcant`shallsubniit a mrtigati plan for tree removal and canopy replaceinent as set forth
in the Land Development Code,
(3) Applicant to submit a Unity of Title document as required by LDC Section 20-8;16;
(4) Applicant shall provide a m nimum'three-foot buffer between:the garage(north side)and the
sidewalk;
F
(5)' The entrance to,the parking garage to be relocatedao a position approximately midway_
between SW 59�'Place and the dnveWay entrance'to the Lee.Park condoriimiums, in order to
s
insure.pedestrian safety and adequate traffi�flow:; Said location`of garage enti ance;to be
shown on the revised Site'PIan as submitted to the'City on September 28,2001,
(6) Storefront delivery/service;to comply with City ordinances:
(7) T?,-thg extent economically feasible,'"the Applicant o redesign the proposed streets cape
t
elements'in order to conform to the City's street tree requirements and the Community
Redevelopment Area Streetscape Plans for the area,as follows:
• Along SW 59`h Place, SW 69. Street,:and SW 60 Avenue,the triangular"bulbouts"
containing street trees shall be squared-off or rounded;and either'redesigned to
mcorporate continuous curb and gutters;or,alternatively, a covenant must be executed by
the property owner to maintain in perpetuitytte gutter area:between the existing Garbing
and the self-co n taffied tandscape;islands
• For the portion.of 70.. Street between SW 61 Avenue and:the building entrance,the
.above referenced plan for,bulbout landscape islands shall be incorpgrated,thus providing
additional on-street parking and the requ"d'street trees: .
• For the portion of 70th Street between;the building entcance'and SW;:59. Place;the
sidewalk shall be�i id' d to provide eight(8):feet of sidewalk, saidaidewalk to:
mCOrporate street trees ui tree grates,thereby providing the streettrees required by the
I'An ;Development Code:while allowing a minimum&k foot unobstructed pedestrian
Epp sageway as required by the Americans with~Disabilities Act(ADA).
Sectton 3 th e change of zoning Adopted;by this ordinance shall be reflected on all Regulating.
Plan Graphic i WArations contained in Section'20=8 17 of the Land Development Code:
Sectton 4 If.any section; clause; sentence, or phrase,of this ordinance is fot ally.reason held
invalid or unconstitutional by a court of competent jurisd c ion this holding shall not affect the validity of
therematiningi portions of this ordinance
.3
Section 5 AH ordinances or parts of ordinances n'.eonflict with,the provisions of this ordinance
-are hereby repealed.
Section 6 This o�dmance shah be effective on the date when the Comprehensive Plan Future
Land Use M amendment a Lcation for he same ro 'e is effective.
aP PP P P �h'
PASSED AND ADOPTED this Yl day of October,;2001
ATTEST APPROVED:
/` I, i✓/
TTY CLE _. . MAYOR
�` g September 18;2001
1 Readii
2°d Reading October 2, 2U01 (As amended)
: COMMISSION'VOTE: . 5=0:
READ:AND APPROVED AS TO FORM: Mayor Robausa' Yea
Vice Mayor FeIiu: Yea
Commissioner Russell: Yea
.. .. ,.
,
Comrtvssioner Bethet 'Yea
Com nliss%oher.Wiscombe: Yea
-CITY ATTORNEY
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• INCORPORATER •
027
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Ti4.Ma , Janua 10 2006
y rY
City Commission Chambers
730 TM,
EXCERPT
I. Call to Order and the Pledge of Allegiaitm'to the Flag
Action`The.meeting was called to order at 7.35 P.M.
Action The Pledge of Allegiancewas recited in unison:
H. Ro11 Call..
Action Mr'Morton, Chairperson;.requested a roll call.
Board members present constituting a quorum: Mr Morton;Ms. Lahiff,Ms. Yates,
Mr. Beilman.and Mr: Comendeiro.
Board mernbers absent-Michael Davis
City staff present R: :Don O'Donniley, RICE (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultatit), Eve A Boutsis,.Esq (City Attorney), Brian Edney (Video.
Support);and Patricia E. Lauderman(Planning Board Secretary):
IV. `P,lanning Board Applications / Public:Hearings
! PB-05 029
AppLcants Isidro Guillama
Location. 6001 SW 70th Street
. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH;IVIIAIVII,FLORIDA;RELATING TO`A REQUEST TO REVISE THESITE:PLAN
ADOPTED BY ORDINANCE NO 2401-1755 FOR THE VALENCIA (UNIVERSITY
=..BULLI N6 LOCATED AT 6001 SW;90�'STREET.BY AMENING THE FIRST
PLAN TO :PROVIDE THAT` OFFICE USE CAN REPLACE .,RETAIL USE
SPECIFICALIY FOR UNITS CU-105/106;' PROVIDING FOR SEVERABILITY;
PROVIDING FOR :ORDINANCES IN CONFLICT, AND PROVIDING: FOR AN
EFFECTIVE DATE
I Action. Mr =.Comendeiro read the itemrinto the record Mr. O'Donniley.stated that the
current applicant is requesting that the adopted Site Plan be amended to permit a portion of
Planning Board Meeting Excerpt
January 10 :200.6 .
Page 2 of 4
the commercial`space:as office, space (insurance business). He also explained that the
adopted Site Plan indicated. hat all of the commercial space on the first floor of the
building facing SW 59 Place was to be "Retail'' Iv1x. O'Donniiey then provided some
background,information about the building:He indicated that;in 2001 the City Commission
approved.a'Comprehensive Plan land use category amendment and a zoning; change to
permit construction of the Valencia Apartment Building(Urd Otsrty'Place), asix-story
multi.family residential;development containing 294 dwelling units and 6,812 square feet
.
of commercial space. City Commission Ordinance No 24-01 1755 approving the zone
change (MO to TODD-IVIU-5) was adopted on October 2, 200.1.:That ordinance:`stated'that
the zone change was subject to a number of conditions,one of which read
"The proposed development shall be shown on the Site Plan submitted to he City on
September 28 2001, as may.-,be modified by revisions required by condition set forth in
this section."
In addrtior lVlr:O'Donruley provided the following staff observations.
l) The Valencia property is in the process`of converting-from rental to condominium.
All residential amts and commercial units are beirig sold. In August; 2005 the
properf caner sold two of the commercial spaces (CU 5; CU-6)to the applicant:
2) During the review mid-,approval process m 2001 it, was mentioned on several
occasions that the commercial uses will be neighborhood oriented with:local.area
residents,encouragedao establish busmesses.m the spaces available This led to the
designation of the space as retail on the final site p.an
3) In 2001 the developer also`received.approval of a::special exception allowing for
overall required parking to be reduced from 585 spaces_to 550 spaces. One of the
explanations was that`retail establishments located as part of the ;project,would be
us 'd by;residents "and reduce to some degree the'number of spaces needed to
service the businesses:
4) The;final site plan.indicated that there were 28 spaces allocated to the commercial
uses Although`the space is designated as retail (one space.for each 300 sq.ft.) the
recuiredapace provided was based.upon the higher office use formula of one space
for`'every 250:square. feet Despite having insufficient parking; the applicant
exPlams in his letter of intent that he has purchased two designated parking spaces
from the developer. Staff is concerned about the legality of allowing purchase and
designation of spaces in a`project which must,use all.existing spaces as required.
E ,
(Tile LDC proh bi sale of required spaces, Sec. 20-4:4L). Staff has concluded that
all sparking in the existing structure is required to be part:of a-common.element and
CaAhotbe sold.
5) Staff is concerned that the substitution of office space :in place of retail is an
a6kidonment.of the`concept that this area of the building would benefit the
neighborhood and would encourage a mixing of building and community,residents.
Planning Board Meeting Excerpt
January 10, 2006
Page 3:of 4
Recommendation
Staff mdicated that. the application..to amend the,.Site Plan (9-28 01) for the Valencia
(LJriversity Place)Development be=denied:
Applicant: Isidro;GuiIlarna
Applicant's representative: Rosano;Kennedy and Odalys Mon
Mr':Guillama stated that granting this request would allow him to operate an insurance
office at the subfect.property:_ He indicated to ,the Board that'he became aware too late in
the process of purchasing the units that an iisurance,agency is not one;of the approved
uses ui the:building. He noted he has been serving this com,mumty for 17 years and wishes
to stay close by since most ofhis clients live in the area Additionally, he explained that he
purchased two designated parkmg paces from the developer and that the proposed use he
seeks would not be`an,unpos on on the residents of.the adjacent:area-Furthermore, lVls.
Mon stated` that' his proposed use will not create additional;"traffic and the business;wall
serve the community for'this reason-Mr..Guilia na is requesting an amendment to the site
P.lat
Chairman'Mr Morton opened the public hearing.
Speakers:;
NAME ADDRESS SUPPORVOPPOSE
D;avid Tucker; Sr. Opposed
Mr Tucker empathized with the applicant:however, the applicant must realize the City:
multi;uphold`the conditions set forth.by the ordinance.
Jose Plazos Supported
Mr Plazos mdicated that converting:the units from retail to office_would.not affect the
traffic flow negatively: He disclosed he is he`realtor that sold the amts to the applicant.
Delores Flowers Supported
WTI' explained that he had bought three units in the building and`is content with-
the WA:y her-business is doing.However, if tonight's applicant gets,approved she would
want to be;entitled to the same exception.
Jay.Beckman Opposed
Mr. Beckman indicated that the;Board must follow the I;DC and the-conditioiLS hat':were
approved back in 2001. He, also commented that ,at the time: of ahe-request for the
amendment the:applicant should have reques t ed parking variance.
Mr. Morton closed the Bearing
The Board;staff and applicant discussed the request.
Planning Board Meeting Excerpt
January 10 2006
Page 40 4
Motion: Ms..Yates moved to -approve the application. Mr.::Comendeiro Seconded the
motion.
Vote: Ayes 2 Nays 3 Mr.Morton Mr.Beihnan,Ms. Lahiff)
Motion Failed
Motion 1VIr Beilman moved to deny PP the application.Ms Lahiff seconded the.motion:
Vote . Ayes 3 Nays 2_(Mr Comende�ro ;1VIs Yates)
Motion Approved
E:\Comm Items\2006\2-7-06\Exmrpt.Plan Bd Minutes.Valencia 1 1o,06.doc
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Commissioner Birts-Cooper: Yea
Mayor Russell: Yea
With no further discussion or comments, the motion to
approve this item as amended passed by a 5-0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts-Cooper: Yea
Mayor Russell : Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING (8)
(NONE)
ORDINANCE (S) FIRST READING
11 . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
REVISE THE SITE PLAN ADOPTED BY ORDINANCE NO. 24-01-1755
FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING LOCATED AT
6001 SW 70' STREET BY AMENDING THE FIRST FLOOR PLAN TO
PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE
SPECIFICALLY FOR UNITS CU-105/106; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Birts-
Cooper to approve this item.
Mr. O' Donniley explained that a request was submitted to the
Clerk to defer this item. The Clerk then read the request for
deferral by Rosario Kennedy into the record.
Ms . Kennedy addressed the Commission explaining that she
represents the applicant and that he was out of town and had been
unable to attend this meeting.
Moved by Commissioner Birts-Cooper, seconded by Mayor
Russell to defer this item.
Commissioner Sherar said that he did not think that they
REGULAR CITY COMMISSION 13
MINUTES - February 7, 2006
should defer this item; the item was turned down by the Planning
Board, and staff recommends that it be turned down. He said that
the usage was clearly specified from the beginning. The Valencia
was given special exceptions for parking, and it was given to the
entire building. Because the building was converted to condo, now
they cannot meet their parking requirements .
Commissioner Wiscombe asked whether if we shift it from
retail to office, if there is a difference in parking
requirements .
Mr. 01Donniley said that it does not, because the site plan
that was approved assumed 250 sq ft per parking space as the
generating factor and that would be the same ratio that would
apply here. He said that by approving this request they would be
setting a precedent .
Vice Mayor Palmer said that her contention with the whole
thing is that she has never seen a store put in that place. She
also said that all of this appears to be intentional .
With no further discussion or comments, the motion to defer
this item failed by a 2-3 vote:
Commissioner Wiscombe: Nay
Commissioner Sherar: Nay
Vice Mayor Palmer: Nay
Commissioner Birts-Cooper: Yea
Mayor Russell : Yea
COMMISSION REMARKS
Commissioner Wiscombe asked the City Clerk to go through the
procedure for early voting, whether the votes cast are counted
every night, and how the Chambers are going to be secured and
locked up at night . He then called upon the press to ensure that
this is handled in such a way that there is no room for error,
and that in his opinion the Department of Elections should be
responsible and take control of those cartridges back every
night, rather than leaving them in the machines here. He said
that he does not want any controversies for any candidate at all
in this election.
The Clerk said that she will get back to the Commission with
all the answers .
REGULAR CITY COMMISSION 14
MINUTES - February 7, 2006
w ►.:
r u South M11IilI
� %t -
F'iS �r
t f
All-Amefica City
u
2001
MAYOR: Mary Scott Russell CITY MANAGER: Maria V.Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY:Nagin Gallop Figueredo
COMMISSIONER: Randy G.Wiscombe CITY CLERK: Maria M.Menendez
COMMISSIONER: Marie Birts-Cooper
COMMISSIONER: Craig Z.Sherar
CITY COMMISSION AFTER ACTION
SUMMARY
Meeting date: February 7, 2006 6130 Sunset Drive, South Miami., FL
Next Regular Meeting Date: Febru 21, 2006 Phone: (305) 663-6340
Time: 7:30 PM
CONSENT
12-06-12153
4 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
.CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO
MILIAN. SWAIN & ASSOCIATES, INC: FOR SURVEYING,
ENGINEERING DESIGN, PERMITTING, BID AND CONSTRUCTION
PHASE SERVICES FOR THE CITY-WIDE WATER MAIN
IMPROVEMENTS IN AN AMOUNT OF $55,783. 00 TO BE CHARGED
TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT
ACCOUNT NUMBERS 106-1712-536-6435 & 106-1712-536-6436;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager) ,
13-06-12154
5 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE
MIAMI-DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF
$50,000 FOR . THE PROVISION OF AFTER SCHOOL PROGRAMMING
AND TUTORING SERVICES FOR THE AFTER SCHOOL HOUSE
PROGRAM; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
14-06-12155
6., A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
REGULAR CITY COMMISSION 1
AFTER ACTION SUMMARY - February 7, 2006
MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE
MIAMI-DADE COUNTY OFFICE OF COMMUNITY AND . ECONOMIC
DEVELOPMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF
$430,000 FOR CHURCH STREET IMPROVEMENTS - PHASE II;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
15-06-12156
7 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $13,842 . 86; CHARGING.
$13,842 . 86 TO ACCOUNT NO. 0011-1500-514-3410, LEGAL,
SERVICES, NON-RETAINER; PROVIDING AN EFFECTIVE DATE.3/5
(City Attorney)
Moved by Commissioner Wiscombe, seconded by Vice Mayor
.Palmer and Commissioner. Birts-Cooper, _ the motion to approve the
Consent Agenda passed by a 5-0 vote. Commissioner Wiscombe: Yea;
Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice
Mayor Palmer: Yea; Mayor Russell : Yea.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
07-06-1875
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, OPTING OUT OF SECTION
101. 657 (2) , FLORIDA STATUTES, WHICH REQUIRES THAT THE
SUPERVISOR OF ELECTIONS PREPARE AN ELECTRONIC DATA FILE
FOR EARLY VOTING; PROVIDING FOR DIRECTIONS TO CLERK;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Vice Mayor Palmer, seconded by Commissioner
Birts-Cooper, the motion to approve this item passed by a 5-0
vote. Commissioner Wiscombe : Yea; Commissioner Birts-Cooper:
Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor
Russell : Yea.
08-06-1876
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION . OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS;
AMENDING SECTION 8A-5, ENTITLED "LOBBYISTS;
REGISTRATION AND REPORTING, EXEMPTIONS, " OF THE CITY OF
SOUTH MIAMI CODE; REQUIRING REGISTRATION AND
DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 8A-
6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER,"
REGULAR CITY COMMISSION 2
AFTER ACTION SUMMARY - February 7, 2006
y
i
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
the motion to approve this item as amended passed by a 5-0 vote.
Commissioner. Wiscombe : Yea; Commissioner Birts-Cooper: Yea;
Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell :
Yea.
RESOLUTION (S)/PUBLIC NEARING (S)
(NONE)
RESOLUTION (S)
16-06-12157-
10 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A POSSIBLE
PUBLIC NUISANCE DUE TO A DEAD TREE LOCATED IN THE RIGHT-
OF-WAY AT THE SOUTHEAST CORNER OF SW., 56TH STREET AND . SW
63RD COURT; PLACING MIAMI-DADE COUNTY ON NOTICE OF THE
ATTRACTIVE NUISANCE; AND PROVIDING AN EFFECTIVE DATE.3/5
(Commissioner Sherar)
Moved by Commissioner Sherar, seconded by Commissioner
Birts-Cooper, the motion to approve this item as amended passed
by a 5-0 vote. Commissioner Wiscombe : Yea; Commissioner Birts-
.Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea;
,Mayor Russell : Yea.
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
11 . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, 'FLORIDA, RELATING TO A REQUEST TO
REVISE THE SITE PLAN ADOPTED BY ORDINANCE NO. 24-01-1755
FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING LOCATED AT
6001 SW 70' STREET BY AMENDING THE FIRST FLOOR PLAN TO
PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE
SPECIFICALLY 'FOR UNITS CU-105/106; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 3
AFTER ACTION SUMMARY - February 7, 2006
(City Manager)
Moved by Commissioner Birts-Cooper, seconded by Mayor
Russell, the motion to defer this item failed by a 2-3 vote.
Commissioner Wiscombe: Nay; Commissioner Birts-Cooper: Yea;
Commissioner Sherar: Nay; Vice Mayor Palmer: Nay; Mayor Russell :
Yea.
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON 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. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE. OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 4
AFTER ACTION SUMMARY - February 7, 2006
South Miami
F AID-America City G
INCORPORATED
1927
C o RSO
A
2001
To: Honorable Chair and Date: January 10,2006
Planning Board Members
From: Don O'Donniley Re: Site Plan Amendment, Valencia Apts.
Planning Director 6001 SW 70 Street
PB-05-029
Applicant: Isidro Guillama
Location: 6001 SW 701h Street
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO REVISE THE SITE PLAN ADOPTED
BY ORDINANCE NO. 24-01-1755 FOR THE VALENCIA (UNIVERSITY PLACE) BUILDING
LOCATED AT 6001 SW 701h STREET BY AMENDING THE FIRST FLOOR PLAN TO
PROVIDE THAT OFFICE USE CAN REPLACE RETAIL USE SPECIFICALLY FOR UNITS
CU-105/106; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND
In 2001 the City Commission approved a Comprehensive Plan land use category amendment
and a zoning change to permit construction of the Valencia Apartment Building (University
Place); a six story multi-family residential development containing 294 dwelling units and 6812
square feet of commercial space. City commission Ordinance No. 24-01-1755 approving the
zone change (MO to TODD-MU-5) was adopted on October 2, 2001. That ordinance stated that
the zone change was subject to a number of conditions, one of which read:
(1) The proposed development shall be as shown on the Site Plan submitted to the City
on September 28, 2001, as may be modified by revisions required by conditions set
forth in this section;
The adopted Site Plan indicated that all of the commercial space on the first floor of the building
facing SW 591h Place was to be "Retail". The current applicant is requesting that the adopted
Site Plan be amended to permit a portion of the commercial space as office space (insurance
business).
STAFF OBSERVATIONS
The Valencia property is in the process of converting from rental to condominium. All
residential units and commercial units are being sold. In August, 2005 the property owner
sold two of the commercial spaces (CU-5, CU-6)to the applicant.
r,
xSite Plan Amendment
December 13, 2005
Page 2 of 2
,(2) During the review and approval process in 2001 it was mentioned on several occasions that
the commercial uses will be neighborhood oriented with local area residents encouraged to
establish businesses in the spaces available. This led to the designation of the space as retail
on the final site.plan.
In 2001 the developer also received approval of a special exception allowing for overall
required parking to be reduced from 585 spaces to 550 spaces. One of the explanations was
that retail establishments located as part of the project would be used by residents and
reduce to some degree the number of spaces needed to service the businesses.
The final site plan indicated that there were 28 spaces allocated to the commercial uses..
Although the space is designated as retail (one space for each 300 sq.ft.) the required space
provided was based upon the higher office use formula of one space for every 250 square
feet. Despite having insufficient parking, the applicant explains in his letter of intent that he
has purchased two designated parking spaces from the developer: Staff is concerned about
the legality of allowing purchase and designation of spaces in a project which must use all
existing spaces as required. (The LDC prohibits sale of required spaces, Sec. 20-4.4Q. Staff has
concluded that all parking in the existing structure is required to be part of a common
element and can not be sold.
Staff is concerned that the substitution of office space in place of retail is an abandonment of
the concept that this area of the building would benefit the neighborhood and would
encourage a mixing of building and community residents.
RECOMMENDATION
It is recommended that the application to amend the Site Plan (9-28-01) for the Valencia
(University Place) Development be denied.
Attachments:
Location Map
Application
Letter of Intent
Ord. No. 24-01-1755
Site Plan(Adopted 9-28-01)
Public Notices
DOD/SAY
E:\PB\PB Agendas StaffReports\2006 Agendas Staff Reports\1-10-05\PB-05-029 Site Plan Amend 6001 70 St Report.doc
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