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6001 SW 70 ST_PB-09-029 oq 0 spUr,�� 600, SV\/ ,�O � 1 South Miami "-�' AI1•Amadeaft • INCORPORATED • CITY OF SOUTH MIAMI �t oio� OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the ity Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Departm Date: February 2, 2010 REVISED ITEM No. Subject: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON. OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION, TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09- 13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed - the official zoning map of the City on property at 6001 SW 70'h Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 591" Place was to be "Retail".. The list of allowed retail uses is part of the LDC's Permitted Use Schedule, Section 20-3.3(D) pp. 31-34. A copy of the Permitted Use Schedule is attached. �1 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions (variances) which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 134-01-11282 which was adopted on September. 18, 2001. (2) The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial-Residential (4 Story) to Transit Oriented Development District (4+4 stories) Attached is Ordinance No.23-01-1754 adopted on October 2, 2001. (3) The final procedure required for project approval was a re-zoning from the "MO" Medium Density Office Zoning District to "TODD(MU-5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24-01-1755 on October 2, 2001. Included were seven development conditions one of,which adopted a Site Plan for the project which states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development agreement" for the project. Attached is Ordinance 24-01- 1755 and a copy of the Site Plan's ground floor page. (4) The City Commission at its November 17, 2009, meeting approved a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. (5) During a review of the subject application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there are 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor. (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). See pp. 30.1 thru 30.5 of the Permitted Use Schedule for a list of allowed uses. PLANNING BOARD ACTION The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment as shown in the attached draft ordinance be adopted.. 3 CITY COMMISSION ACTION (1) The City Commission at its. January 26, 2010 meeting approved the draft ordinance on first reading as submitted. During discussion several members were concerned that certain permitted uses in the office, business- and personal services category on the Permitted Use Schedule may not be appropriate for this location due to limited parking spaces or incompatibility with the neighborhood. Vice Mayor Beasley and. Commissioner Sellars suggested to the Planning and Zoning Department staff that in the future any proposed uses in the office, business and personal services category should receive added scrutiny by requiring approval by the special use permit process. In order to revise the ordinance on second reading to respond to the above concerns, the following re-wording of Section 1 should be amended into the ordinance adopted on first reading:. "Section 1. That the Site Plan (Section 1, Condition 1) for the Valencia Building (aka Shoal Creek Properties), as submitted to the City on September 28, 2001 and adopted.by Ordinance No. 24-01-1755 is hereby amended to show that in addition to ineltiding retail uses, office, business and personal services as set forth in LDC Permitted Use Schedule for the TODD (MU5), Transit Oriented Development District(Mixed Use 5) shall be permitted in the commercial space of the project, provided that each office, business and personal services use is approved by the Special Use permit process set forth in Section 20-5.S:" (2) During discussion on the subject ordinance and the proposed amendment above, Commissioner Sellars requested information on the fees charged by the City for an application to amend to the Land Development Code and for an application to receive a Special Use Permit. Attached to this report is the fee schedule used by the Planning and Zoning Department for major applications. The fee to change the LDC Permitted Use Schedule is $6,000. If this ordinance is adopted the fee that would be required of a new (non-retail business) for Special Use approval is $3,000. The current fees were adopted in October, .2008 and were based upon a comparability study of similar fees in other municipalities. RECOMMENDATION- It is recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) approved by Ordinance No. 24-011755 on October 2, 2001 be amended as shown above in the revised Section 1 of the attached ordinance. Attachments: Draft Ordinance Resolution No. 196-09-13005 Resolution No.134-01-11282 Ord No. 24-01-1755 Site Plan first f oor) Ord.No.23-01-1754 Planning Dept Staff Report 12122109 Planning Board Minutes Excerpt 12122109 Parking Analysis Valencia Building(revised) Permitted Use Schedule Seca 20-3.3(D) Planning and Zoning Department Fee Schedule No.1 Public Notices T.N/SAY X,tComm Itemsl20102-2-10LDC Amend Valencia Site Plan CMReport Revised.doc Part i of 4 City of South Miami, Florida .PLANNING AND ZONING)DEPARTMENT APPLICATION,MISCELLANEOUS AND DOCUMENT FEES DATE: CHECK,NO: NAME: ADDRESS: PHONE NO: 03.41.300 ERPB HEARING FEES Environmental Review and Preservation Board (TOTAL) Applications for new construction in the RS and RT zoning districts Single unit($750) All other applications far: New construction($900); Renovation ($450); Signs, fences,walls,etc.($225) For each additional appearance before the Board($150) VARIANCE,FIRST REQUEST 02.19.161 Advertisement and Notice Fees .................................. ($1;500) 03.41.200 Admin Fee............................................................. ($1,500) (TOTAL 3,000) EACH ADDITIONALVARIANCE REQUEST................($1,125) SPECIAL USE/SPECIAL EXCEPTIONS 02.19.161 Advertisement and Notice Fees ................................... ($1,500) 03.41.200 Admin Fee............................................................. ($1,500) ' (TOTAL$3,000) 02.19.161 REZONING APPLICATION(10 acres or less)............... ($6,000) 02.19.161 REZONING APPLICATION(More than 10 acres)......... ($20,250) LDC TEXT AMENDMENT I(General standards,misc.provisions) 02.19.161 Advertisement and Notice Fees....................................($1,500) 03.41.200 Admin Fee............................................................... ($1,500) (TOTAL 5 3,000) LDC TEXT AMENDMENT 11(Change Permitted use Schedule) 02.19.161 Advertisement and Notice Fees....................................($1,500) 03.41.200 Admin Fee................................................................($4,500) (TOTAL$b,(00) 02.19.161 COMPREHENSIVE PLAN AMEND AD FEE................($1,500) 03.41.200 COMPREHENSIVE PLAN ADMIN FEE......................($28,500) (TOTAL$30,000) 02.19.161 PUD/MAJOR CHANGE LEGAL ADS.........................($1,500) 03.41.200 PUD/MAJOR CHANGE ADMIN-FEE .........................($3,750) (TOTAL 5 5,250) 03.41.200 PUD MINOR CHANGE ADMIN FEE ..........................($1,500) 03.41.200 WAIVER-OF-PLAT APPLICATION.......................... ($4,500) GRAND TOTAL Planning genesis/Forms/Receipt Forms/RECEIPT FORM Part 112-15-09 Ordinance No.21-09-2013,adopted 9-15-09 Whitt,.rnnv to Planninv.• Pink conv to Customer: Yellow conv to Finance 01 �ovr�� r South Miami ihAmedcaC V INCORPORATED • CITY OF.SOUTH MIAMI 19" OFFICE OF THE CITY MANAGER ° LnRYP 2001 INTER-OFFICE MEMORANDUM To: The Honorable Mayor Feliu and Members of the Citv Commission Via: Roger M. Carlton,Acting City Manager From: Thomas J.Vageline,Director Planning and Zoning Department Date: January 14,2010 ITEM No. Subject: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09- 13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from"MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In. order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail". The list of allowed retail uses is part of the LDC's Penmitted Use Schedule, Section 20-3.3(D) pp. 31-34. A,copy of the Permitted Use Schedule is attached. 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions (variances) which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 134-01-11282 which was adopted on September 18, 2001. (2) The second procedure was'an amendment to the Future Land Use.Map (FLUM) from Mixed Use Commercial-Residential (4 Story) to Transit Oriented Development District (4+4 stories)Attached is Ordinance No.23-01-1754 adopted on October 2, 2001. (3) The final procedure required for project approval was a re-zoning from the "MO" Medium Density Office Zoning District to "TODD(MU-5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24-01-1755 on October 2, 2001. Included were seven development conditions one of which adopted a Site Plan for the project which states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development agreement" for the project. Attached is Ordinance 24-01 7 1755 and a copy of the Site Plan's ground floor page. (4) The City Commission at its November 17, 2009, meeting approved a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. (5) During a review of the subject application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate.in the remaining vacant stores. The analysis showed that there are 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor. (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establislunents. In order to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services), See pp. 30.1 thru 30.5 of the Permitted Use Schedule for a list of allowed uses. 3 PLANNING BOARD ACTION The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment as shown in the attached draft ordinance be adopted. RECOMMENDATION It is recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) approved by Ordinance No. 24-01-1755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses maybe retail, office; business and personal services. Attachments: Draft Ordinance Resolution No. 196-09-13005 Resolution No.134-01-11282 Ord No. 24-01-1755 Site Plan first floor) Ord.N6.23-01-1754 Planning Dept Stgff Report 12122109 Planning Board Minutes Excerpt 12122109 Parking Analysis Valencia Building(revised) Permitted Use Schedule Sec.20-3.3(D) Public Notices i TJ.V/SAY ,i:lComm Items1201011-14-10ILDCAmend Valencia Site Plan CMReport.doc 1 ORDINANCE NO. 2 r 3 AN ORDINANCE OF THE MAYOR cis CITY COMMISSION OF THE CITY OF 4 . SOUTH MIAMI, FLORIDA, RELATING. TO AN AMENDMENT TO THE SITE 5 PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET 6 WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1:755 ON . 7 OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN 8 ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; 9 PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN 10 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission on October 2, 2001 adopted Ordinance 2401- 13 1755 which changed the official zoning.map of the City on property at 6001 SW 70`h Street 14 (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to 15 TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit 16 the construction of the Valencia Building (aka Shoal Creels Properties) a six story 17 residential building with ground floor commercial uses; and 18 19 WHEREAS, in order to implement a policy of encouraging retail establishments the 20 adopted Site Plan specifically designated that all of the commercial space on the first floor. 21 of the building facing SW 59"' Place was to be limited to "Retail" uses as set forth in the 22 Land Development Code Permitted Use schedule; and 23- 24 WHEREAS, over the past eight years most of the commercial spaces on the ground 25 floor have remained vacant and it has been difficult to attract tenants which are strictly 26 retail establishments; and 21 28 WHEREAS, in order to expand the opportunities for local residents to establish 29 businesses in the building and the community, the City Commission at its November 3, 30 2009 meeting adopted Resolution No. 196-09-13005 requesting the Plaiuiing Board.and 31 the Planning and Zoning Department to initiate the necessary legislation to amend the 32 adopted site plan to allow other uses (office, business and personal services as set forth in 33. LDC Permitted Use Schedule); and 34 35 WHEREAS, The Planning Board at its December 22, 2009 meeting, after public 36 hearing, approved a motion by a vote of 5 ayes, 0 nays recommending that the.proposed 37 amendment as shown in the attached draft ordinance be adopted; and 38 39 WHEREAS, the City Commission desires to accept the recommendation of the 40 Planning Board and enact the aforesaid amendment. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 'Section 1. That the Site Plan (Section 1, Condition 1) for the Valencia Building (aka Shoal 46 . Creek Properties), as submitted to the City on September 28, 2001 and adopted by 47 Ordinance No. 24-01-1755 is hereby amended to show that all uses including retail, office, 48 business and personal services as set forth in LDC Permitted Use Schedule for the TODD 49 (MU5), Transit Oriented Development District (Mixed Use 5) shall be permitted in the 50 commercial space of the project. 51 2 1 2 3 4 Section 2. All ordinances or parts of'ordinances in conflict with the provisions of this 5 ordinance are hereby repealed. 6 7 Section 3. If any section, clause,,sentence, or phrase of this ordinance is for any reason 8 held invalid or unconstitutional by a.court of competent jurisdiction, this holding shall not 9 affect the validity of the remaining portions of this ordinance. 10 I l Section 4. This ordinance shall be effective immediately after the adoption hereof. 12 13 PASSED AND ADOPTED this day of ,2010 14 15 ATTEST: APPROVED: 16 17 18 19 CITY CLERK MAYOR 20 21 1 s"Reading— 22 2nd Reading— 23 24 25 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 26 Mayor Feliu: 27 Vice Mayor Beasley: 28 Commissioner Palmer: 29 Commissioner Newman: 30 Commissioner Sellars: 31 CITY ATTORNEY 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 XAComm ltems\2010\1-14-10\LDC Amend Valencia Site Plan Ord.doc RESOLUTION NO. 196-09-13005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1,755 ON OCTOBER 2, 2001. FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70`h STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 'the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 70" Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (1\4U5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a.six story residential building with ground floor commercial uses; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing S W 59`h Place was to.be "Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly.retail establishments; and WHEREAS, in order to respond to current economic conditions to exparid the opportunities for local residents to establish businesses in the building and the community, the i Planning Board and the Planning and Zoning Department are requested to initiate the necessary I legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to pen-nit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, However, that new uses are compatible with the residential character of the building and sufficient parking spaces-are available, NOW, THEREFORE, BE IT RESOLVED? BY THE MA'J'OR ANA. CITY. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the ,Planning Board and the Planning and Zoning Department are requested to initiate'the necessary legislation to amend Ordinance,24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail.uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res. No. 196-09-13005 2 PASSED AND ADOPTED this 3 rgday of. Nova , 2009 ATTEST: APPROVED: CITY CLERK AYOR Cor mission Vote: 5-0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea CITY.ATTORNEY XAComm Items\2009\11-3-09\Valencia Site flan Revision Resol.doc 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-$: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"1 QUIRE, D 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,T14E FACIE 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. 70"H STREET, ON THE EAST BY SW 597 PLACE, ON THE NORTH BY SW 69"a STREET,AND ON THE WEST BY SW 618r 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 I through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70'h Street, on the east by S.W. 59`h Place, on the north by S.W. 69`h Street, and on the west by S.W. 61"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 Iocated 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 10/22101 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.. 70"' Street, on the east by S.W. 59"' Place, on the north by S.W. 69"' 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 froth 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 Felitt Yea Commissioner Bethel: Yea — Commissioner Russell Yea Commissioner Wiscombe: Yea CITY ATTORNEY Page 2 of 2 ORDINANCE NO. 24-01-1755 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MA-P OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO", MEDIUM-INTENSITY OFFICE DISTRICT TO "TODD(MV-5)", TRANSIT ORIENTED DEVELOPMENT DISTRICT(MIXED USE 5)FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARMNS TOWNSITE SUBDIVISION, SA16 SITE BEING HOUNDED 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE BATE, WHEREAS, Application No.'PB-01-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district 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'i' Street, on the east by S.W. 59'" Place;on the north by S.W. 69'" Street, and on the west by S.W. 61"Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District(Mixed-Use 5)Use District.;and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units and 6,512 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 Comprehensive Plan;and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 28, 2001, .after Public Hearing "regarding the proposed rezoning application,the 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 aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I That the City's Official Zoning Map shall be amended by changing the zoning on properties 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 S.W. 59`" Place, on the north by S.W. 69"' Street, and on the west by S.W. 61"Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions; Scribers error corrected 10/22/01 2 (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; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement 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 minimum three-foot buffer between the garage(north side)and the sidewalk; (5) The-entrance to the part.I g garage to be relocated to a position approximately midway between SW 59 Place and the driveway entrance to the Lee Park condominiums,in order to insure pedestrian safety and adequate traffic flow, Said location of garage entrance to be shown on the revised Site iPlan as submitted to the City on September 28, 2001; (6) Storefront delivery/service,to comply with City ordinances, (7) To the extent economically feasible,the Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: a Along SW 59"'Place, SW 69"'Street,and SW 61"Avenue,the triangular"bulbouts" containing street trees shall be squared off or rounded,and either redesigned to incorporate continuous curb and gutters;or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape 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 incorporated,thus providing . additional on-street parking and the required street trees. For the portion of 70'h Street between the building entrance and SW 59`i'Place,the sidewalk shall be widened to provide eight(8)feet of sidewalk, said sidewalk to incorporate street trees in tree grates,thereby providing the street trees required by the Land Development Code while allowing a minimum five(5)foot.imobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20-8.17 of the Land Development Code, Section 4 if any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict lxrith the provisions of this ordinance are hereby repeated. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan. Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2'day of October,2001 i ATTEST: APPROVED: CITY CLERK MAYOR 15` Reading—September 18, 2001 2"a Reading—,October 2, 2001 (As amended) ' COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina: -Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY 1 •� --- --_,�--r— -- Vii' �i��,�/ C 44ifb:��tl.'��,��`��9i'0A '��'��• �O�fV-.,.;,�- ,..�� , � '� ��° Cil wad I � jli,1 VIR �> •,.I• I��J� �mmmlArrn � � A 41Ui9�►7lSi' H'"�• d � GBr;.r r;.i �. ml ,d "c 7rm L,'�:.�''..L,��r 4'nil;' ...1',•7;1.,Y1'`+:; Y ii r it n , �-- ROM .• y;��,�,::6dv��(��,c;;�r3 1391:, 1 �: il® '�� I t��ri n�n' � ,.:. 'J<J.:I�`!':i:�:i� i•zc � �` �IiY p i C�� '•>;;;,Sgrr"%,L�:C'j;51�;5�y® �:yryi4.f: bdA d► ® r u �� A{ 'l'1�1'�f s5'.,•' -I i'1�'n'�:i%IMI( V t. ' ' �i��.�. Y�'vL.'I'�I 5 iY '• II�� v .., J.�J✓•,ii:Y.;�'• 111 e � � � �N °H' .Wr %f),,'rf�•trSti;J� I h I�flll' 11 � B_ ® ';�� 5y`'te;?�'!r�-;,m'!i!Urrl�tlir•,.-.—,e � � k ram p1 L s @. .R:-�7 F'•�a�:,:.A�Q:�`n�ti�:!1''.IRT:a.s:l� I 1C✓N!i a ' R6 "1?'V" rs�, m omg.- i5.j1Z«S :v 991!1 0 � �:� '�ey�ik'mr►a:a'Y" \�IB 1 ►• •� —�'-"arc■ve�.`��i! tiu �� 1 I I n I — i ORDINANCE NO. 23-01-1754 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE, CITY OF SOUTH h4IAMI FLORIDA, AMENDING ITIE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSI'V,E PLAN BY CHANGING THE FUTURE LAND USE CATEGORY. FROM THE MIXED-USE COMMERCIAL RESIDENTIAL CATEGORY TO TIM TODD, TRANSIT ORIENTED DEVELOPMENT.DISTRICT CATEGORY_ ON PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGII 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, THE SITE IS BOUNDED ON TIIE SOUTH BY S.W. 70TH STREET,ON THE EAST BY SW 59"PLACE,ON THE NORTH BY SW 69T7' STREET, AND ON THE WEST BY SW 61"' AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No'. LPA-01-001 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L,C; said application requesting to amend the Future Land Use Map of the South Miami Comprehensive.Plan�by changing the fixture land use category fxom the Mixed-Use Commercial Residential category to ilie TODD, Transit Oriented Development District category-on property legally described as Lots 1; through 25, Block 15, Larkins Townsite Subdivision, said site is bounded on the south by S.W.70"Street, on tho east by S.W. 59'h Place,on the north by S.W. 69" Street, and on the west by S.W.61'Avenue;and WHEREAS, on , July 10, 2001, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the application subject to certain conditions, by a vote of 5-0 ; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning " Agency and enact the aforesaid amendment. NOW;THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA.; Section 1. That the".Future "Land Use Map of the South Miami Comprehensive PIan is hereby amended by changing the future land use category from the Mixed-Use Commercial Residential category to the TODD, Transit Oriented Development District category on property being legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site bounded on the south by S.W.70'h Street, on the east by S.W 59th Place, on the north by S.W. 69'h Street, and on the west by S,W.61"Avenue, Section 2 . That the development regulations applicable to the subject property shall be as specified in the Land Development Code and as set fortli in the Zoning Use district amendment ordinance which will be required to be adopted.-in order implement the proposed development of the site. Section 3 if any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or wiconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Sectio-4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. t t ' Ord. rio. 23701 -1754 2 Sectior_�_5 This ordinance shall become effective thirty-one (3 1) days after the adoption of this amendment, PASSED AND ADOPTED this 2°d day of October, 2001 i ATTEST: APPROVED: CITY CLERK OR I" Reading—July 24,2001 2"d Reading"October 2,2001 (as amended) ' READ AND APPROVED AS TO FORM: COMMISSIONS VOTE; 5-0 Mayor Robaina: Yea Vice Mayor Felin: Yea Commissioner Russell: Yea Commissioner Bethel: Yea CITY ATTORNEY Commissioner Wiscombe: Yea o� 50U IT,r South Miami All-America City INCORPORATED 1927 �t O RYA 2001 1 To: Honorable Chair Date: December 22,2009 Planning Board Members From: Thomas J. Vageline,Director / Re: Valencia.Building- Site Plan Planning and Zoning Department) Arneandrnent-6001 SW 70 Str. PB-09-029 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70"' STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2,2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RE,TAIL.USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia.Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zeroing map of the City on property at 6001 SW 70`x' Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59"' Place was to be "Retail". The list of allowed retail uses is part of the LDC's Permitted Use .Schedule, Section 20-3.3(D) pp. 31-34. A copy of the Permitted Use Schedule is attached. Valencia Building An2end Site Plan December 22, 2009 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project'required three separate procedures to implement the project, The first was approval of three special exceptions (variances which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 134-01-11282 which-teas adopted on September 18, 2001. (2) The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial-Residential (4 Story) to Transit Oriented Development District (4+4 stories) " Attached is Ordinance No,23-01-1754 adopted on October 2, 2001.. (3) The final procedure required for project approval was a re-zoning from the "MO" Medium Density Office Zoning District to "TODD(MU-5)" Transit Oriented Development District (Mixed Use 5) Zoning District, The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24-01-1755 on October 2, 2001. Included were seven development conditions one of which adopted a Site Plan for the project which states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development agreement" for the project. Attached is Ordinance 24-01-1755 and a copy of the Site Plan's ground floor page. (4) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department reconunended denial. The Planning.Board at its January. 10, 2006 meeting also recommended denial. Attached is a copy of the staff report on that request and I a minutes excerpt on the item from the January 10, 2006 meeting. The City Commission subsequently did not act on the matter. (5)In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. During.a review of that application the Planning staff produced a parking space analysis of the remainig parking spaces available to any new business uses which might locate in the remaining.vacant stores. The analysis showed that there remains 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office,business and personal services). See pp. 30.1 thru 30.5 of the Permitted Use Schedule for list of allowed uses. Valencia Building Amend Site Plan December 22, 2009 RE COMMENDATION: It is recoiiullended that the Site Plan for the Valencia Building (aka Shoal Creek.Properties) i approved by Ordinance No. 24-01-1755 on October 2, 2001 be amended to show that the -permitted ground floor comunercial uses may be retail, office,business and personal services. i i j Attachments: Resolution No. 196-09-13005 Resolution No.134-01-11282 Ord No.23-01-1754 Ord No. 24-01-1755 Site Plan(firsl fioor) Planning Dept Staff Report 1/10106 Planning Board Minutes Excerpt 1/10-06 ParkingAnalvsis Valencia Building(r•evisecl) Permitted Use Schedule Sec.20-3.3(D) Public Notices i 7JV/SAY X:1PB\PB Agendas StaffReports\2009 Agendas Staff Reports\I2-22-09U'B-09-029Valencia Site plan revision.doc s o ljr O U IN CORPORATEO 1927 P �O Ry0 CITY OF SOUTH MIAMI PLANNING BOARD DRAFT Action Summary Minutes Tuesday, December 22, 2009. City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:50 p.m. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting a quorum: Present: Mr. Comendeiro, Mr. Morton,Ms. Yates, and Mr. Whitman, and Mr. Cruz. Absent: Mr. Farfan and Ms. Young. City staff present: Thomas J. Vageline (Planning and Zoning Director),. Sandy Youkilis (Consultant), Laurence Feingold (City Attorney), Cabrera-Hernandez (Principal Planner), Alerik Barrios (Assistant). III. Administrative Matters: Mr. Vageline stated that the document that was distributed noted the new meeting dates for this board for the beginning of the upcoming New Year. Other matters reviewed were the census and how Census 2010 is seeking people for positions to help out with the up coming census review. IV. Planning Board Applications/Public Hearings. PB-09-029 Applicant: City.of South Miami Request: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT, 6001 SW 701h STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-17'55 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN .CONFLICT; ' AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Morton read the ordinance into the record. Planning Board Minutes December 22, 2009 Page 2 of 4 Discussion: Mr. Youkilis stated that the City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Mr. Youkilis stated that the City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70t1i Street (aka the Valencia Building) from "MO" Medium Intensity Office 'Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted' as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59`' Place was to be "Retail". The list of allowed retail uses is part of the LDC's Permitted Use Schedule, Section 20-3.3(D) pp. 31-34, which was distributed to the members. Mr. Youkilis went on to state that the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions variances which allowed for a"large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial-Residential (4 Story) to Transit Oriented.Development District (4+4 stories). The final procedure required was a re-zoning from the "MO"Medium.Density Office Zoning District to "TODD (MU-5)" Transit Oriented Development:District (Mixed Use 5) Zoning District. The zone change allowed up to, eight stories and unspecified residential or commercial density. In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2006 meeting also recommended denial.. The City Commission subsequently did not act on the matter. In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) in one of the conunercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. During a review of that application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there remain 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor. Planning Board Minutes December 22, 2009 Page 3 of 4 Mr. I Youkilis stated that it is important to note that over the past several years most of the commercial spaces on the ground floors have remained vacant and it has been difficult to attract. tenants which are strictly retail,establishments. In order to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). Mr. Youkilis. recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) as approved by Ordinance No. 24-01-1755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses may be retail, office, business and personal services. Mr. Whitman inteijected and asked that the only thing allowed now is the retail and that whole sale trade, and stockbrokerages and travel agencies are not allowed? Mr. Youkilis stated that that was correct. Mt. Morton inquired about the meaning of the wording shown on the ordinance stating "new uses are compatible with the residential character of the building." He asked if this line should be removed from the final ordinance. Mr. Youkilis stated yes. Mr. Morton asked if the verbiage "responding to the current economic conditions",would set a precedent that economic conditions can be used to change the LDC. Mr. Feingold asked Mr. Youkilis if he could find better. language for this section. Ms. Yates stated that the phrase does not need to go into the ordinance. -Mr. Youkilis stated that the main thing is expanding opportunities for local residents to establish businesses in the building. Mr. Morton agreed. Mr. Morton opened the Public Nearing. Speaker: NAME ADDRESS SUPPORT/OPPOSE Bob Welsh 7437 SW 64Court Oppose Mr. Welsh stated that in 2001 the Valencia property owner wanted to have two extra stories and now we find that we can not fill up all the retail sections. If you put a doctor's office you will fill up the 13 parking spaces. Mr. Welsh stated that he did not want the hospital (South Miami) to come in and have it be able to change the use of the remaining store areas and place.chillers in those areas instead of keeping it as retail. Mr. Welsh went on to say that he does not support this ordinance. Speaker NAME ADDRESS S.UPPORTSIOPPOSE Basil Grayharn None Given Supports Mr. Grayham stated that it is critical to have other businesses around in the area but mostly in the Valencia Building. He stated that he would look forward to having this ordinance passed so that other businesses would be able to use the building. Mr. WhitmanAsked if he would mind having a doctor's office in the building. Mr. Grayhani stated that he did not. He stated that it would be a good thing as it would generate money for the City and the parking facility across the way. Planning Board Minutes December 22, 2009 Page 4 of 4 Speaker NAME ADDRESS SUPPORTS/OPPOSE Beth Schwartz None Given Mixed support Ms. Schwartz stated that there needs to be a change in the Valencia Building. Ms. Schwartz wanted to make sure that City staff, and the Planning Board, do not allow the issue that happened with South Miami Hospital to happen at Valencia. She stated that she would like to hear some type of dialog about how the same situation would not occur at the Valencia project. Mr. Morton closed the Public Hearing. Mr. Comendeiro asked if there was supposed to be retail on the bottom of the new building which South Miami Hospital built. Mr. Morton stated yes. Mr. Morton asked about the square footage that was supposed to be retail. Mr. Youkilis stated that it was shown on their original plan, but then got changed during the review process and that the City did not catch the switch over. Mr. Feingold, City Attorney, stated that this issue is not over with, and that due to the fact that the City is still looking into the matter and waiting to see what the Special Master writes on this issue, then the City will have a better response. The.City will pursue showing that South Miami Hospital dedicated the "retail" space and then changed its mind and put in a mechanical use.. Mr. Whitman still inquired about the businesses which could or could not go into the Valencia site. He then stated that reluctantly he would support this ordinance. Motion: Mr. Comendiero made a motion to approve the proposed Site Plan amendment. Seconded by Ms. Yates. Vote: 5 ayes, 0 nayes. Motion was adopted and passed. XAComm Items\2010\1-14-10\PB Minutes Excerpt Val 12-22-09.doc South Miami Pli All-America City � iacUrf:>aearrn�" 2001 � r PARKING REQUIREMENTS FOR VALENCIA BUILDING 2001 (revised 12-15-09) Residential- 294 Units = 588 spaces Commercial — 6,812 sq. ft. / 250 sq ft = 28 spaces TOTAL 616 spaces PARKING REDUCTIONS ALLOWED / GRANTED 2001 Bonus 5 % Reduction For Arcade - 31 (585 required) Special Exception Granted (Variance) 35 (550 required) ACTUAL SPACES PROVIDED IN 2001 .Garage Spaces 526 spaces On-Street Spaces 24 spaces TOTAL 550 spaces NUMBER OF SPACES.ALLOCATED TO COMMERCIAL First Floor (Visitor parking) provided /counted 33 spaces Current uses 3 Retail Stores and 2009 Approved Restaurant 20 spaces Surplus parking spaces remaining for 13 spaces Commercial uses X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\12-22-09\Parking Chart For Valencia Revised.doc 20-3.3 SOUTH MIAMI LAND DEVELOPMENT CODE UO � Aoo H o A Art, P F� oAAN � d a P, P, aa fl, a (W hoAA � Lr-� Pk aPi PgaaPaa .,, w a aP, aaaaaa NI! 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WHEREAS, the City Commission on October 2, 2001 adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 701` Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of the Valencia Building (aka Shoal Creek Properties) a six story residential building with ground floor commercial uses; and I WHEREAS, in order to implement a policy of encouraging retail establishments the adopted Site Plan specifically designated that all of the commercial space on the first floor of the building facing SW 59"' Place was to be limited to "Retail" uses as set forth in the Land Development Code Permitted Use schedule; and WHEREAS, over the past eight years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to expand the opportunities for Iocal residents to establish businesses in the building and the community, the City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation. to amend the adopted site plan to allow other uses (office, business and personal services as set forth in LDC Permitted Use Schedule); and WHEREAS, The Planning Board at its December 22, 2009 meeting, after public hearing, approved a motion by a vote of 5 ayes'0 nays recommending that the proposed amendment as shown in the attached draft ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1. That the_Site Plan (Section 1, Condition 1) for the Valencia Building (aka Shoal Creek Properties), as submitted to the City on September 28, 2001 and adopted by Ordinance No. 24-01-1755 is hereby' amended to show that in addition to retail uses, office, business and personal services as set forth in LDC Permitted Use Schedule for the TODD (MU5), Transit Oriented Development District(Mixed Use 5) shall be permitted in the commercial space of the project, provided that each office, business and personal services use is approved by the Special Use permit process set forth in Section 20-5.8." Ord.No. 06-10-2031 2 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be 'effective immediately after the adoption hereof. PASSED AND ADOPTED this 2"1.1 day of February, 2010 ATTEST: iAPPROVED: ITY CLERK 0 MAYOR I't Reading— 1/26/10 11 f 2 d Reading—2/2/10 READ AND APPROVED AS TO FORM A IND SUFFICIENCY COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea CITY ATTORNEY i i X:\Comm Items\20I0\2-2-10\LDC Amend Valencia Site Plan Revised Ord.doc d - RESOLUTION NO. 196-09-1 3005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 70t4 Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to.permit the construction of a six story residential building with ground floor commercial uses; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS,to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments;and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section L That the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res. No. 196-09-13005 2 PASSED AND ADOPTED this 3rOday of Lvov. , 2009 ATTEST: APPROVED: CITY CLERK AYOR 1 Commission Vote: 5-0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea CITY ATTORNEY I . 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[u '� E U c ca is °� °' y co o 0 0 o z co 4, ° °_ c�a is rn "`555�777j LU U y y U ca co ca O U a) a> a> a> 2 .2 t� U 0 m L L L L 15 0 z ? CO cc C� d a � cn= rn CO cn rn cc O• (J N M 7 �f1 CD (� m m O N c2 4/ A A�,lM6'ip' 01 SO U r�,±� South Miami E Ail-America City Y _ ry ?' + INCORPORATED _ 1927 - #^ 2001 To:. Honorable Chair & Date: November 24,2009 Planning Board Members !l From: Thomas J. Vageline, Director!'��L� `: Re: Valencia Building- Site Plan Planning and Zoning Department 1 Amendment-6001 SW 70 Str. PB-09-029 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR & CITE' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; TIIE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; AND PROVIDING FOR AN EFFECTIVE DATE NOTE: THIS ITEM CAN NOT BE ACTED UPON AS A RESOLUTION; THE IT'EVI RE CONVERTED TO ORDINANCE FORMAT, RE- AD RT'IZE AND PLACED ON THE PLANNING BOARD'S AGENDA �'®R PEP 8, 2009. THE BOARD MAY WISH T O INFORMALLY DISCUSS THE ITEM AND DEAR COMMENTS HOWEVER FORMAL ACTION AND RECOMMENDATION WILL OCCUR AT THE NEXT-. PLANNING BOARD MEETING. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board. and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in Y f-r tfie Valencia Building in order to permit other commercial uses in addition to retail ses to��cate��io'he ground floor spaces, provided, however, that new uses are compatible with t e ial character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential Valencia Building Amend Site Plan November 24, 2009 building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail". It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). STAFF OBSERVATIONS (related actions) (1) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2.006 meeting also recomm nded denial. The City Commission subsequently did not act on the matter. '. (2) In Octobe 009, e Planning Board did recommend approval'of a special use request to allow a restaurant (retail use) on one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. RECOMMENDATION: This item will be placed in ordinance form on the Planning Board's agenda for December 8, 200 ublic hearing and recommendation. Attachments: Resolution No. 196-09-13005 Ordinance 24-01-1755 Site Plan(firstfloor) Copy of Public Notices TJV/SAY X:\PB\PB Agendas StaffReports\2009 Agendas Staff Reports\]1-24-09\PB-09-029Valencia Site plan revision.doc 2 RESOLUTION NO 196-09-13005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARS TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Off ce Zoning District to TODD (MUS), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses, and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation. to amend the ordinance and site plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res. No. 196-09-13005 2 PASSED AND ADOPTED this 3rd day of Nov. , 2009 ATTEST: APPROVED: CITY CLERK AYOR READ AND APPROVED AS TO FORM: Commission Vote: 5_0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea CITY ATTORNEY Commissioner Sellars: Yea X:\Comm ltems\2009\11-3=09\Valencia site Plan Revision Resol.doc r ORDINANCE NO. 24-01-1755 AN ORDINANCE OF THE MAYOR AND CITY COMMSSION 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 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 I�Y SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB-01-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district 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`' Street, on the east by S.W. 59" Place, on the north by S.W. 69th Street, and on the west by S.W. 61St Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented'Development District (Mixed-Use 5) Use District.;and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units and 6,512 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 Comprehensive Plan;and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 25, 2001, after Public Hearing regarding the proposed rezoning application, the 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 aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF TEE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the _City's Official Zoning Map shall be amended by changing the zoning on Properties for property legally described as Lots I through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70t1i Street, on the east by S..W. 59h Place, on the north by S.W. 69`h Street, and on the west by S.W. 61"Avenue from "MO" Medium-intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District. (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10/22/01 2 (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; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement 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 minimum three-foot buffer between the garage (north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59"'Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery/service,to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape 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"Place, SW 69"' Street, and SW 615`Avenue, the triangular"bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape islands. • For the portion of 70'h Street between SW 615`Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on-street parking and the required street trees. ® For the portion of 70'h Street between the building entrance and SW 59"'Place,the sidewalk shall be widened to provide eight(8)feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20-8.17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, Section 6 This ordinance shall be effective on the date when the Comprehensive PIan Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2°d day of October, 2001 ATTEST: APPROVED: CITY CLERK MAYOR 15f Reading—September 18, 2001 2 n Reading—October 2, 2001 (As amended) . COMMISSION VOTE: S-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY MIAMI DAILY BUSINESS REVIEW - NOME �� HEARING` Published Daily except Saturday,Sunday and Legal Holidays I CETY OF, SOUTH MAMI Miami,Miami-Dade County,Florida STATE OF FLORIDA I �ALIII COUNTY OF MIAMI-DADE: I Before the undersigned authority personally appeared MARIA MESA,who on oath says that he or she is the -110.1 F°z-'17. LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal Holidays)newspaper, published at Miami in Miami-Dade Planning and Zoning Depart merd County,-,F!crida;th^'the attached copy of adver:isemerr 6130 Sunset Drive;South Miami,Florida 33143 being a Legal Advertisement of Notice in the matter of Phone:.(305)663-6326.;Faz#.-(305)668-7356. On Tuesday,November 24,2009 at,7:30 O .,the City of South Miami. CITY OF SOUTH MIAMI-PUBLIC HEARING NOV.24,2009. i Planning Board will. conduct pub.lic,hewings,in the'City- Commission Chambers.at the:above address on the following items _ ITEMS: PB-09-028 AND PB-09-029 P.B=09=028 - . ., Applicant: Palmcorp Development Gro_up LLC in the XXXX Court, Location_7630 SW 63rd Court was published in said newspaper in the issues of !A RESOLUTION OF THE MAYOR&CITY COMMISSION OF THE CITY OF:SOUTH MIAMI;`FLORIDR,-.RELATING TO.A REQUEST FOR A 11/13/2009 VARIANCE FROIVf'.:SECTION;20-3.5(E). OF THE. LAND DEVELOP-, MENT CODE_TO PERMrf.A.:NEW SINGLE FAMILY HOME TO.BE -BUILT ON•A.LOT-WITH LOT FRONTAGE OF 32.9 FEET WHERE A Affiant further says that the said Miami Daily Business MINIMUM 75:FEET.OF,FRONTAGE IS REQUIRED ON.PROPERTY Review is a newspaper published at Miami in said Miami-Dade WITHIN AN."RS-3'_SINGLE-174MILY RESIDENTIAL USE DISTRICT;. County, Florida and that the said newspaper has -LOCATED AT 7630 SW-63 COURT,,'SOUTH MIAMI FLORIDA; AND- PROVIDING FOR AN EFFECTIVE DATE heretofore been continuously published in said Miami-Dade County, Florida, each day(except Saturday,Sunday and Legal Holidays) P6-09-029.:: - and has been entered as second class mail matter at the post Applicant:'City of South Miami office in Miami in said Miami-Dade County, Florida,for a A RESOLUTION OF THE MAYOR &.CITY COMMISSION OF THE period of one year next preceding the first publication of the CITY-OF SOUTH-MIAMI,FLORIDA,.RELATING TO AN AMENDMENT attached copy of advertisement;and affiant further says that he or TO THE SITE PLAN FOR THE VALENCIA-.BUILDING LOCATED she has neither paid nor promised any person,firm or corporation AT 6001 SW 70th:STREET.WHICH SITE. PLAN WAS ADOPTED- any discount, rebate ission or refund for the purpose VIA'-ORDINANCE.`NO. '24-01-1755 ON OCTOBER 2, 2001; THE of securin t ublication in the said AMENDMENT WOULD ALLOW.OTHER.,USES IN:ADDITION TO . ne aper. RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES;AND PROVIDING FOR AN EFFECTIVE DATE:. All interested_parties are urged to attend.Objections or expressions of approval maybe_made .in person at the hearing or filed in writing prior to . Sworn to and subscribed before me this or at the hearing_The Planning Board reserves the right to recommend to the City Commission whatever•the board considers in the best interest 13 day of NOVEMBER A.D. 2009 for the area involved.Interested parties requesting information are asked to contact the Planning_and Zoning Department by calling 3057663=6326 orwriting to the address indicated above. You are hereby advised that if any person desires to appeal any decision (SEAL) 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, MARIA MESA personally known to me 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. anyinquiry, . O PP"Fob Notary pl:filic State of Florida 11/13. � � _ - � 09-3-272/1347257M - ECheryl H.Mamiar g '< my Ccnir*nion DD7934-090 %`o�s E Tiir 3 07/1€ 012 _�� ^ 2461 I THURSDAY,NOVEMBER 19,2009 FR l I Ir1t48`M8`..` 0 AL2.�'L F"'I y SEAFOOD.RESTAURANT . L: - ® - - - - :Noti}ing goes;`better with brealdast - © - 0 0 A Than The 1�Iiarrii.Herald;;deliyered. "D 441 r ,.,...::_.:.;-...•,: „„��:. .,_.,. ..:::_�..: - - ,:ter ' :ill®TIC.E®FPUB'L1Ci..H EAR ' - • c`Yl'3'S!?Sr SIN 73bfhrStreet� ., WW 40th Sfreef - �• :`; -.:;: < . 1�S ref 305 233 75751 k �Te! 305 221 15I 1>` ' ._ �u{v( F �[ ��/I - il.. .•..lt w' iy�,, .-•2 4 �Y'K��a't �.,,-l.F �1�'-5 C �-. ”.=.h-Y.f�' .C�•l,�r: I ... ��Y_Y ®Y S®4YTH�i tlOYAMI BO 8 . of IN, Planning and Zoning Department _ 6136 Sunset Driye;South Miami,Floritla 33143 .1 n ' - r - n - ha e (305)663 6326'Fax# (305)668 735 ' *" r x @ `. 1 :':On Tuesday, tdovember 24, 2006' 7:30 P.M, the C.ty,pf:South - �, W�on-Y®u spen 1 .Miami Planning Board.will conduct.public=hearings 'in fhe Crty fr Commission Chambers.at:the above address on=the fdllowang:I ems R L � f 400 areal: �s v A 5 z !"^' ' t LIMIT ONE PER-TABLE. f� S PB-09-028 �' "F s„ '�� I.F. MUST PRESENT THIS AD FOR: I" 1 AN: `� NT EVERYDAY,ALL DAY. f� I ApplicahtrPalmcorp Development.Group,CLC: DISCOU Location:7630 SW63, Court`: . i I i i I u A RESOLUTION .OF THE MAYOR&CITY'COMMISSION OF 1HE;CLTYr ... . 9. OF S.OUTH:.MIAMI;.'FLORIDA, RELATING REQUEST;FOFi^A, VAFiIANCE`FROM SECTION 20=3:�(E)OFTHE.LAND DEVELOPMENT r l: CODE TO PERMIT A NEW..SINGLE:FAMILY.HOME TO.;BE-BUILTON Q�. ' ` A'LOT.WITH:LOT:FRONTAGE OF:329 EEET 11UHERE A=MINIMUM. ��""" acr .:.:;:,:...:.:..... :...:.,_ . :.: ,...,..; i: Z5 FEET.OF.FRONTAGE IS:REQUIRED ON PROPERTI':WITHIN:Ah.,..:. :. ... on s "R5=3"SINGLE=FAMILY.RESIDENTIAL USE DISTRICT;:LOCATED. qu °° :" '' : �•- .:: >< AT 7630.SW 63 COURT;-SOUTH: FLORIDA;AND PROVIDING. i thr rlaVil prob`le.ms"W h-yOUr:ho,u, netWO[k,.: :. .�' FOR AN EFFECTIVE DATE:::.:,. '::.. .:: : .._.._': Mc Afraid to loose some of your•.priceless pictures. = _ f and data due to a computer failure? PB-09-029 _ bo, Have ou-ex eriencedthe.discomfort ofyou� r 'Appljcant:Ciityof.S6uth°Miami::.;: saz' Computer japing when you need it the most? A RESOLUTION OF THE:MAYOR&CITY CONIMISSIOPd'OF'fHE CITY°; dar OF SOUTH.MIANIi;FLORIDA;RELATING 1O AN AMENPMENT.-TO H - - AIr: ( T E:SITE PLAN FOR=THE VALENCIA BUILDING LOCATED-AT:6001'.. •: ,• H Ho %~ i SW 701 STREET WHICH'SITE.PLAN:WASADOPTED VIA ORDINANCE; :N0.'2�-.01-.1755'ON-OCTOBER;2_2001;:TKAMENDMENTWOULD. g® ado DISCOUNT �� ALLOW"OTHER'USES...IN;ADDITION TO RETAIL USE IN THE ,�: FIRST'FLOOR..COMMERCIAL.SPACES, AND PROVIDING FOR AN SHOG'THX A® p 'EFFECTIVEDATE: - _ ,,� ,•:, ,. !! .All..interested parties:are-urged:taattend Afi)ectioos.or e p _ . °3: approval may be..made`in person at.tfie`hearing orfiled fn writing prior to at the hearing.The Planning Board-reseNes the right to.r @commend j 'to the city.Commission vvhateyer:fhe::bdardconsiders:iri the:bestlinterest for the-area invbived.lnteresfedparties requesting'information are asked - _ I to-contacf the Planning andZoning Department by calling 305-663 6326 •�,;, M `- or writing to the iddiess`indicated above:. :•:i:aye �' ?�YC�✓ r.:- r-ter?-•.• i - ' '-''-. -.�, _:'.... .._.. :.You are hereby advised that:if any person desiresto appeal any.decisibn made with..respedt.to any matter cons'ideredat.this meeting'orhearing, such persdn.will need a.record ofahe proi:64mgs;.and for:such purpose may:-need to ensure that a verbatim record of the'proceedln.s Is _ , which record includes the.testimohy and evidence upon whlchthe appea( r` F a ¢ 3 is to be based(F.S. 286:0105).Refer to hearing number whem'inaking sS�Tr I any inquiry. the 7. i 1 a la I IC j® �r ® 1► �- l 11 r i yinX now ��21.e•A' ::5�:,�:j�J,�' j:�i�{i i..V:1 � �! 0 Y1, I �I� f iS'A :s 1::-:••i'::i::1 :'-$:'•: 11:={-G'I.;�SY.:? � u u 1� ® f 6 '.FF'• �iJS:' •:�'y: '::1:i::v.0�:$•`:i@i: ii 8 N II �1�I� a� 1 rQu � � •a ° " �Efl® k • •-'gIQI o '•1' I e �'O a r�,'l� South Miami r 7 All-America Cily J ^' • Jf4COWPORATEO • 1927 m C) R 2001 Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami,Fl.33143 (0)305-663-6326 (F)305-668-7356 REVISED DATES January 19, 2010 RE: Amendment to Site Plan for the Valencia Building to allow other uses in addition to retail uses in the first floor commercial units To Whom it May Concern: The City Commission at its last meeting deferred consideration on first reading an ordinance which would amend the 2001 Valencia Site Plan to allow other uses (offices, business and professional services) in addition to retail uses to locate in the first floor commercial units which face SW 59th Place. The item will now be discussed at the next City commission meeting on Tuesday, January 26, 2010 which meeting begins at 7:30 PM in the City Commission Chambers, South Miami City Hall. Please note that there is no public testimony at the first reading of an ordinance; however, you may wish to attend the meeting and listen to discussion. The second reading and formal public hearing on the proposed amendment to the Site Plan is now tentatively scheduled for the Tuesday,.February 2, 2010 at 7:30 PM City Commission meeting. If you are interested in this proposal you are encouraged to attend this meeting and speak on the issue. A copy of the proposed ordinance is available in the Planning and Zoning Department office. Please contact the City Clerk at 305-663-6340 to confirm that the item and public hearing will be on the agenda for the February 2, 2010 meeting. If you have any questions, please feel free to call the Planning and Zoning Department at 305- 663-6326. Sincerel urs, T s . Vageline rector arming and Zoni Departm' t. 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The meeting begins at 7:30 PM in the City Commission Chambers, South Miami City Hall. Please note that there is no public testimony at the first reading of an ordinance; however, you may wish to attend the meeting and listen to discussion. The second reading and formal public hearing on the proposed amendment to the Site Plan is scheduled for the Tuesday, January 26, 2010 at 7:30 PM City Commission meeting. If you are interested in this proposal you are encouraged to attend this meeting and speak on the issue. A copy of the proposed ordinance is available in the Planning and Zoning Department office. Please contact the City Clerk at 305-663-6340 to confirm that the item and public hearing will be on the agenda for the January 26, 2010 meeting. If you have any questions, please feel free to call the Planning and Zoning Department at 305- 663-6326. Sincerely y S, Thomas . Vageline, Dire r Planning and Zoning Department. TJV/SAY X:\Commltems\2010\1-14-10\Valencia Mail Notice.doe t �t South Miami AII-America City � 1 - ��? cy;�, 2001 PARKING REQUIREMENTS FOR VALENCIA BUILDING 2001 (revised 12-15-09) Residential- 294 Units = 588 spaces Commercial — 6,812 sq. ft. /250 sq ft = 28 spaces TOTAL 616 spaces PARKING REDUCTIONS ALLOWED / GRANTED 2001 Bonus 5 % Reduction For Arcade - 31 (585 required) Special Exception Granted (Variance) 35 (550 required) ACTUAL SPACES PROVIDED IN 2001 Garage Spaces 526 spaces On-Street Spaces 24 spaces TO'N'AL 550 spaces NUMBER OF SPACES.ALLOCATED TO COMMERCIAL First Floor (Visitor parking) provided /counted 33 spaces Current uses 3 Retail Stores and 2009, Approved Restaurant 20 spaces Surplus parking spaces remaining for 13 spaces Commercial uses X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\12-22-09\Parking Chart For Valencia Revised.doc South Miami NI-America City • INCORPORATED • , ,? 1927 2001 Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami,Fl.33143 (0)305-663-6326 (F)305-668-7356 January 4, 2010 I RE: Amendment to Site Plan for the Valencia Building to allow other uses in addition to retail uses in the first floor commercial units To Whom it May Concern: The City Commission at its next meeting on Thursday, January 14, 2010 will be considering on first reading an ordinance which would amend the 2001 Valencia Site Plan to allow other uses (offices, business and professional services) in addition to retail uses to locate in the first floor commercial units which face SW 591h Place. The meeting begins at 7:30 PM in the City Commission Chambers, South Miami City Hall. Please note that there is no public testimony at the first reading of an ordinance; however, you may wish to attend. the meeting and listen to discussion. The second reading and formal public hearing on the proposed amendment to the Site Plan is scheduled for the Tuesday, January 26, 2010 at 7:30 PM City Commission meeting. If you are interested in this proposal you are encouraged to attend this meeting and speak on the issue. A copy of the proposed ordinance is available in the Planning and Zoning Department office. Please contact the City Clerk at 305-663-6340 to confirm that the item and public hearing will be on the agenda for the January 26, 2010 meeting. If you have any questions, please feel free to call the Planning and Zoning Department at 305- 663-6326. Sincerely y s, Tho as . Vageline, Dire r Planning and Zoning Department. TJ V/SAY XAComm Items\2010\1-14-10\Valencia Mail Notice.doc •Finconroi�f CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing at its regular City Commission meeting now scheduled for Tuesday, January 26, 2010 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following item on second and final reading: I AN ORDINANCE OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. ALL interested parties are invited to attend and will be heard. For further information, please contact the Planning and Zoning Department at: 305-663-6326. Maria M. Menendez, CMC City Clerk Pursuant to Florida 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. Y J k South Miami r All-AmaelrocaCily i r 2001 Planning and Zoning Department City of South Miami ` 6130 Sunset Drive South Miami,Fl.33143 (0)305-663-6326 (F)305-668-7356 January 4, 2010 RE: Amendment to Site Plan for the Valencia Building to allow other uses in addition to retail uses in the first floor commercial units To Whom it May Concern: The City Commission at its next meeting on Thursday, January 14, 2010 will be considering on first reading an ordinance which would amend the 2001 Valencia Site Plan to allow other uses (offices, business and professional services) in addition to retail uses to locate in the first floor commercial units which face SW 59th Place. The meeting begins at 7:30 PM in the City Commission Chambers, South Miami City Hall. Please note that there is no public testimony at the first reading of an ordinance; however, you may wish to attend the meeting and listen to discussion. The second reading and formal public hearing on the proposed amendment to the Site Plan is scheduled for the Tuesday, January .26, 2010 at 7:30 PM City Commission meeting. If you are interested in this proposal you are encouraged to attend this meeting and speak on the issue. A copy of the proposed ordinance is available in the Planning and Zoning Department office. Please contact the City Clerk at 305-663-6340 to confirm that the item and public hearing will be on the agenda for the January 26, 2010 meeting. If you have any questions, please feel free to call the Planning and Zoning Department at 305- 663-6326. Sincerely yours, Thomas Vageline, Director Planning and Zoning Department. - TJV/SAY XAComm Items\2010\1-14-10\Valencia Mail Notice.doc S SoUT -South Miami F All-America City INCORPORATED 1927 Q► OO C0R19 2001 To: Honorable Chair & Date: December 22, 2009 Planning Board Members From: Thomas J. Va eline Director �r ' Re: Valencia Building- Site Plan Planning and Zoning Departmen !�� Amendment-6001 SW 70 Str. PB-09-029 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted.Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the "building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 701h Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story,residential building with ground floor commercial uses. At that time it was felt that commercial uses on-the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail". The list of allowed retail uses is part of the LDC's Permitted Use Schedule, Section 20-3.3(D) pp. 31-34. A copy of the Permitted Use Schedule is attached. Valencia Building e Amend Site Plan December 22; 2009 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions (variances) which allowed for a "large scale" project; a reduction in:number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 1')4-01-11282 which was adopted on September 18, 2001. (2) The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial-Residential (4 Story) to Transit Oriented Development District (4+4 stories) Attached is Ordinance No.23-01-1754 adopted on October 2, 2001. (3) The final procedure required for project approval was a re-zoning from the "MO" Medium Density Office Zoning District to "TODD(MU-5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24-01-1755 on October 2, 2001. Included were seven development conditions one of which adopted a Site Plan for the project which-states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development agreement" for the project. Attached is Ordinance 24-01-1755 and a copy of the Site Plan's ground floor page. (4) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2006 meeting also recommended denial. Attached is a copy of the staff report on that request and a minutes excerpt on the item from the January 10, 2006 meeting. The City Commission subsequently did not act on the matter. (5)In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. During a review of that application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there remains 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). See pp. 30.1 thru 30.5 of the Permitted Use Schedule for list of allowed uses. Valencia Building Amend Site Plan December 22, 2009 J RECOMMENDATION: It is recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) approved by Ordinance No. 24-01-1755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses may be retail, office, business and personal services. Attachments: Resolution No. 196-09-13005 Resolution No.134-01-11282 Ord. No.23-01-1754 Ord No. 24-01-1755 Site Plan first floor) Planning Dept Staff Report 1/10106 Planning Board Minutes Excerpt 1/10-06 Parking Analysis Valencia Building(revised) Permitted Use Schedule Sec.20-3.3(D) Public Notices TJV/SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\12-22-09\PB-09-029Valencia Site plan revision.doc RESOLUTION NO. 196-09-13005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning snap of the City on properly at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction-of a six story residential building with ground floor commercial uses; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res. -No. 196-09-13005 2 PASSED AND ADOPTED this 3roday of Nov. , 2009 ATTEST: APPROVED: CITY CLERK AYOR Commission Vote: 5-0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea CITY ATTORNEY XAComm Items\2009\11-3-09\Valencia Site Plan Revision Resol.doc 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 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 59" PLACE, ON THE NORTH BY SW 69n 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'h Street, on the east by S.W. 59h Place, on the north by S.W. 69"' Street, and on the west by S.W. 615`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 i 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 l 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. 59th Place, on the north by S.W. 69th Street, and on the west by S.W. 61St 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 • rte©� Commissioner Wiscombe: Yea b CITY ATTORNEY Page 2 of 2 ORDINANCE NO. 24-01-1755 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(MV-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. WHEREAS, Application No. PB-01-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district 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 S.W. 59th Place, on the north by S.W. 69th Street, and on the west by S.W. 61't Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units 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 Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning application,the 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 aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties 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 S.W. 59th Place, on the north by S.W. 69th Street, and on the west by S.W. 615`Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10/22/01 2 (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; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement 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 minimum three-foot buffer between the garage(north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59 h Place and the driveway entrance to the Lee Park condominiums, in order to' insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery/service,to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: 6 Along SW 59`h Place, SW 69`h Street, and SW 615`Avenue, the triangular"bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape islands. S For the portion of 70th Street between SW 615`Avenue and the building entrance,the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on-street parking and the required street trees. For the portion of 70'' Street between the building entrance and SW 59 h Place, the sidewalk shall be widened to provide eight(8)feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code while allowing a minimum five(5)foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20-8.17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: APPROVED: CITY CLERK MAYOR I" Reading—September 18, 2001 2nd Reading—October 2, 2001 (As amended) COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea / Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY i I . RE OEM /.� at� low SHAN,�. � ® � is;�- __ ,�� v�=.111 ! 'CIWII!•,: - .. 4 ®� gI �� ;r•a �� iiXXXEfllll®� . .I I a �.,i... �I�� ` -'`�I�� 9 �_ �1 �_ � .� s 's S u Y I 1 1,,� . ii fi G i; „ �• � � :.Nib �® �it . %I _ I .1W$_n v �!.1i";� ,;si �'s♦'a'i�4�__33 �.,.'f.0'0i so4 Y� . I . .......... FRI. i i i I i e �— I ORDINANCE NO. 23-01-1754 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE";'LAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED-USE COMMERCIAL RESIDENTIAL CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70"'STREET,ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 613T AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Application No. LPA-01-001 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C. said application requesting to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential category to the TODD, Transit Oriented Development _District category on property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site is bounded on the south by S.W.70`'' Street, on the east by S.W. 59"'Place, on the north by S.W. 69h Street, and on the west by S.W.61"Avenue;and WHEREAS, on , July 10, 2001, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the application subject to certain conditions, by a vote of 5-0 ; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section I.. That the Future "Land Use Map of the South Miami .Comprehensive Plan is hereby amended by changing the future land use category from the Mixed-Use Commercial Residential category to the TODD, Transit Oriented Development District category on property .being legally described as Lots I through 25, Block 15, Larkins Townsite Subdivision, said site bounded on the south by S.W.70'h Street, on the east by S.W 50, Place, on the north by S.W. 69°'' Street, and on the west by S.W.61"Avenue. Section 2 . That the development regulations applicable to the subject property shall be as specified ui the Land Development Code and as set forth in the zoning use district amendment ordinance which will be required to be adopted in order implement the proposed development of the site. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 All ordinances.or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord, no. 23-01 -1754 2 Section 5 This ordinance shall become effective thirty-one (3 1) days after the adoption of this amendment. PASSED AND ADOPTED this 2"d day of October. 2001 ATTEST: APPROVED: CITY CLERK OR 15` Reading-July 24,2001, 2"d Reading-October 2, 2001 (as amended) COMMISSION VOTE: S-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY t CS,0 U T South Miami 0 Aii-America City U INCORPORATED - 1927 O RtV 2001 To: Honorable Chair and Date: January 10, 2006• Planning Board Members Frown: Don O'Donniley Re: Site Plan Amendment, Valencia Apts. Planning Director 6001 SW 70 Street PB-05-029 Applicant: Isidro Guillama Location: 6001 SW 70"' Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIM 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 70th 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 59h 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. Site Plan Amendment December 13, 2005 Page.2 of 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 oflntent Ord.No. 24-01-1755 Site Plan (Adopted 9-28-01) Public Notices DOD/SAY E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports\1-10-05\PB-05-029 Site Plan Amend 6001 70 St Report.doc SoUr� ° INCORPORATED ° 1927 �L O RYA CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 10, 2006 City Commission Chambers 7:30 P.Mi EXCERPT 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'Donniley, 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). IVo Planning Board Applications / Public Hearings PB-05-029 ' Applicant: Isidro Guillama Location: 6001 SW 70th 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 Planning Board Meeting Excerpt January 10, 2006 Page 2 of 4 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 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-S) 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. Planning Board Meeting Excerpt January 10, 2006 Page 3 of 4 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 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. Planning Board Meeting Excerpt January 10, 2006 Page 4 of 4 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 EAComm Items\2006\2-7-06\Excerpt Plan Bd Minutes Valencia I-10-06.doc South Miami All-America City =T 2001 PARKING REQUIREMENTS FOR VALENCIA BUILDING 2001 (revised 12-15-09) Residential- 294 Units = 588 spaces Commercial — 6,812 sq. ft. / 250 sq ft = 28 spaces TOTAL 616 spaces PARKING REDUCTIONS ALLOWED / GRANTED 2001 Bonus 5 % Reduction For Arcade - 31 (585 required) Special Exception Granted (Variance) 35 (550 required) ACTUAL SPACES PROVIDED IN 2001. Garage Spaces 526 spaces On-Street Spaces 24 spaces TOTAL 550 spaces NUMBER OF SPACES ALLOCATED TO COMMERCIAL First Floor (Visitor parking) provided /counted 33 spaces Current uses 3 Retail Stores and 2009 Approved Restaurant 20 spaces Surplus parking spaces remaining for 13 spaces Commercial uses X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\12-22-09\Parking Chart For Valencia Revised.doc 20-3.3 SOUTH MIAMI LAND DEVELOPMENT CODE U O Q 0 F+ oQga, r� E~ ogQ � � � a as aaaaa hc) a as aaa; aa �, � UhogQ.� � �r a as aaaaa C? �; U o c1l cli co ca a a s a a V U N A � oEl � N � o � �nr� rnaa � a m H W .a a s U] w W N w � x U H O � wQW . � � a aawaarna H W a 3 h � � a a acr� a, U E-+ Q g W m v� H Cam+ a � W aam � Z iZ400 C'� c w av� a F Q "Y z o Z a0 o O m Ei CWQ +� lull 0 cd to a :j wm ro tw tw tw tw an z z q a a a �j 00 0 ° ° o �Da � aaQQ �gQQU � c� xa Supp. No. 12 30 ZONING REGULATIONS 20-3.3 oO � q C', 91-( gel a � a s aaa Q, � h _pggQ., ma as a m hogga, � F, oggN ,� <r+ rn aaaa a a AE-, OggN � �r a C� ogq Lo aaaa E., aaaa o � as r� P� cn aa, aa aa, aacn A � P a a 2 � oC-0cnaacna aa PL, acr) z � ocncnP., as ao 0 N o cn a cn a cn o gl � m a cn w co cn am a � F, rn a a' h co a cc LC a r� cn �r a r� cn a, w ge, a U P4 a W •� U1 � U 0 Cd H o .H CD rd �+ bLC a cad U W bD C� a () o a bn P, A bn 0 o m °o °o W co acncnv� Supp. No.12 30.1 20-3.3 SOUTH MIAMI LAND DEVELOPMENT CODE co co o —1 OO � q ra U'� cq N *-1 cal r-I w m � C� OggNti <raP, P a a P-4 aCnGOrnCnaa am am a � hOgq � xx� a; aaamP, a, P., a a a a hOg aaaacc aP, a a a a 0 0 rn a a N a a a a s a Ana a a a oaaaa a a a a N o a a a a a a rn a s P4 oaaa, a acn a m b cz r~ r � o o � Aa o � U c U to Cd m O' cd ho CZ a V O d � U m Pq + o A. m � a N 1-1 m cd a) Q o U1 a o 'd Lt U P1 F o o? to cd ho a�i H Pa m p, ho p w o Z 0 o 0 +c � +a o cd o o C 0 o O H to en U hA H Pq m W g W pa W U U U Supp.No. 12 30.2 ZONING REGULATIONS 20-3.3 a w ° � ° v o Z q q � hOgga, AhOggN � � a, tn PL, a, � E, Ogq � La wa Nogg a, P. 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'd Co3 0 ¢ y y° Q 0 Fi O O O � •� H ,� � � C/� � � O H O d cC H U1 0 P� ✓ a UH o. � U Uo d a mtin 2:1 0 0 o a�i M (D Supp. No. 12 33 20-3.3 SOUTH MIAMI LAND DEVELOPMENT CODE N r-i r-i r-1 co O - r-i rri r-I r-I ri U U O q c Z � � cD cD cD ca �i .ti Q MM� O E� A � oggN � �rarnaaaav� �n �naa � � hogq � Lo acl) a, a, acn a o CQ � � ogq � � �ra �na aarn a �; a aaaacc a �n � a �naaaa �n a, o Z � a a o cc O � o cr) � O •r+ cl i 1A r--I �i O U N F N CO C7 O °n co F O c � z a a U tic c 0 0 0 0 ov� v� mc1 -d cd m m pp o o A, cad c�6 cd cl -� cd W m v 4-a M � 5 00 o O a o CCU) o o o 0 P4 Supp. No. 12 34 ZONING REGULATIONS 20-3.3 a � w � a U hOgga, � Ah o g q N a s a a a a a a a a a a a, E- E, 0 0 � as a N CQ � as a 2x o a a ca N O a � O � ca a � 0 w U o ~ �n w M Q o U CD m � cz _ cz z b.0 4 w 4 o W � E an �n Q tw bn by cc a o a a�i Z v Ems' d U 0 4.3 o 41 M b 0 Ho hn r� a f v .� x •r ca O a 'b c7 o O U � g v b cad bD b o an b go ' cis ° c�a cd U a a +; 4. ^c1 cd cd cd'r N v 1 r7 E1f Wwa n � a P'-, P. Supp. No. 7 35 i 20-3.3 SOUTH MIAMI LAND DEVELOPMENT CODE c� o � q EN O g q ti � hOggN '� �raa C3 �+ Ogq � La O O � N cn 4� O N O � O bn a� a� P c by C, � o •N .0 cc 1 Supp. No. 7 36 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and sotir_ �� Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA v COUNTY OF MIAMI-DADE: t927 Before the undersigned authority personally appeared Planning and Zoning®epavtmen8 _ MARIA MESA,who on oath says that he or she is the 6130 Sunset Planning a; South g Department tment 33143 LEGAL CLERK, Legal Notices of the Miami Daily Business — Phone: (305)663-6326; Fax ft (305)668.7356 Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal.Holidays)newspaper,.pubiished at Miami 41 Miami-Dade On Tuesday;December 22;2009 at 7:30 P.M_the City of South Miami County, Florida;that the attached copy of advertisement,. Planning Board will conduct a public hearing fn the City Commission. being a Legal Advertisement of Notice in the matter of Chambers at.the above address on thefollowing itent = PB-09-029 - CITY OF SOUTH MIAMI-PUBLIC HEARING-DEC.22,2009 Applicant:.;City of South Miami ITEM: PB-09-029 AND PB-09-030 AN ORDINANCE:OF THE MAYOR & CITY COMMISSION OF THE ;CITY OF SOUTH MIAMI,.FLORIDA,.RELATING.TO AN AMENDMENT in the XXXX Court, TO THE:SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT was published in said newspaper in the issues of 6001. SW 70th STREET WHICH`SITE'PLAN.WAS ADOPTED.VIA ORDINANCE.-NO.,`'24-01-1755 __ON- OCTOBER 2;•'2001;' .THE 12/11/2009 AMENDMENT WOULD ALLOW OTHER USES'IN ADDITION. TO !RETAIL. USES:IN THE,FIRST FLOOR COMMERCIAL'SPACES; 'PROVIDING FOR SEVERABILITY;;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. :' Affiant further says that the said Miami Daily Business - Review is a newspaper published at Miami in said Miami-Dade ;PB-09-030 County, Florida and that the said newspaper has Applicant:-.City of South Miami heretofore been continuously published in said Miami-Dade County, AN ORDINANCE OF THE.MAYOR AND CITY COMMISSION OF THE Florida,each day(except Saturday, Sunday and Legal Holidays) ;CITY.. OF"SOUTH MIAMI;_FLORIDA :AMENDING .THE :LAND and has been entered as second class mail matter at the post .DEVELOPMENT CODE SECTION20-3.5 ENTITLED"DIMENSIONAL office in Miami in said Miami-Dade County, Florida,fora REQUIREMENTS"- IN ORDER TO`LIMIT,:TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE period of one year next preceding the first publication of the FAMILY RESIDENTIAL PROVIDING FOR SEVERABILTY; PROVID- attached copy of advertisement;and affiant further says that he or ING FOR ORDINANCES.IN CONFLICT; AND PROVIDING FOR AN she has neither paid nor promised any person,firm or corporation EFFECTIVE DATE any discount bates mission or refund for the purpose of S a r ublication in the said All interested parties are urged to.attend.Objections or expressions of wspaper. 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 the area involved.Interested parties requesting information are asked. to contact the Planning and Zoning Department by calling 305-663-6326 Sworn to and subscribed before me this or writing to the address indicated above. You are hereby advised that if any person desires'to appeal any decision 1 11� aq of-DECEMBER A 2009 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 Via' v I� t" '`�'�;i J) h.`� ' 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). Refer to hearing number when making (SEAL) any inquiry. 12111 09-3-103/1363987M MARIA MESA personally known to me J;^^»;•." LETICIA DE CASSIA FREEMAN mY COMMISSION#DD710253 EXPIRES August 29,2011 (407)398-0153 Flori&NolnryScrvice.com i Li RSD,`�,OK iB'R 17,2009 27CO3' I 117 F SO, U 51,11�1;9'A Ru T ..Planning and Zoning'Departtment 5130 Sunset Drive; South Miami, Florida.33143 Phone:(305).553 70326 Fax#:(305)668-7356 On Tuesday,Decanaher 22,2009 at 7:2.0 P.M.;.the Cifij of South Miami Planning Board will.conduct a public hearing in the Co Commission Chambers at the above address on the following item: P�-IJU-O2G Applicants City of South Miami AN ORDINANCE OF THE MAYOR 01 B71 COMMISSION OF THE CI771 OF SOUTH,MIAMI,FLORIDA, RELATING TO AN AMENDMEM7 TO THE SI T E.PLAN FOR THE VALENCIA.BUILDIN6 LOCArTE1AT 6005 SW 7611 STREET WHICH SITE FLA fIA®R331NAG19Cc N®.24-01 1-755-ON OCTOBER 292001; THE AMENDMENT-WOULD-ALLOW..OTHER USES IN:ADDIdION.TO RETAIL r USES IN THE FIRST FLOOR COMMERCIAL SFACES;:PROVIDING.FOR SEVERABILTY;PROVIDING i FOR ORDINANCES IN CONFLICT;AND PROVIDWG:FOR AN EFFECTIVE DATE Applicant:City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 0.F SOUTH MIAMI,FL®RIBA AMENDING THE_ LAND DEVELOPMENT CODE SECTION 20-3.5 .ENTITLED "DIMENSIONAL REGUIREMEMTS"IN ORDER TO LIMIT TO-VJlO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. f. All interested parties are urged to attend.Objections or expressions of approval may be made in person at the hearing I or filed in writing prior to or at the Bearing.The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best inferest for the area involved.Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated - _above. You are hereby advised that if any person desires to appeal apy 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).Refer to hearing number when making any inquiry. NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 66&7356 On Tuesday, December 22, 2009 at 7:30 P.M.,the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: i PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WASi ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.* 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 the area involved. Interested parties requesting information are asked to contact the Planning Department by calling 305-663- 6326 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). 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Carlton,Acting City Manager From: . Thomas J. Vageline, Director Planning and Zoning Department Date. November 3,2009 ITEM No. Subject: A.RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . BACKGROUND At its October 2, 2001 meeting the City Commission adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from ."MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At the meeting it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan, adopted as part of Ordinance 24-01-1755, specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be"Retail". PROPOSED ADJUSTMENT TO SITE PLAN The City is aware that over the past several years most of the condominium commercial. spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Mayor has suggested that the Planning Board and the Planning and Zoning Department initiate the necessary legislation to amend the ordinance and site-plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces. Any new uses should be compatible with the residential character of the building and sufficient parking spaces will need to be available. It is important to note that a previous effort by an owner of one of the commercial spaces to change the site plan to allow office uses was not successful. The Planning Board is currently considering a special use approval to allow a restaurant use in the ground floor space. i THURSDAY,DECEMBER 17,2009 1 27GS NOTICE OF PUBLIC HEARING' CITY OF SOUTH MIAMI -Planning and Zoning.Department 6130 Sunset Drive;South Miami,Florida'33143 Phone:(305)663-6326;.Fax#:(305)668.7356 1 On Tuesday,,December 22,2009 at 7:30 P.M.,the City of South Miami"Planning Board will.conduct a public hearing in the City Commission Chambers at the above address on the following item: PB-09-029; Applicants City of South Miami AN ORDINANCE OF THE MAYOR&CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70°i STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO.24-01-1755 ON OCTOBER 2,2001;THE AMENDMENT-WOULD ALLOW.OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES;PROVIDING.FOR SEVERABILTY;PROVIDING FOR ORDINANCES IN CONFLICT;AND'P,ROVIDUJG FOR AN EFFECTIVE DATE. PB-09-030 Applicant:City of South Miami. ; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE.CITY OF SOUTH MIAMI,FLORIDA-'. AMENDING THE LAND DEVELOPMENT CODE SECTION 20-3.5 ENTITLED "DIMENSIONAL REQUIREMENTS IN ORDER TO LIMIT-TO TWO STORIES THE HEIGHT OF-BUILDINGS ABUTTING OR ADJACENT TO SINGLE'FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY, PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. a All interested parties are urged to attend.Objections or expressions of approval may be made in person at the hearing orfiled in writing prior to or atthe hearing.The'Planning Board reserves the right to recommend to the-City Commission whatever the board considers in the best interest for the area involved.Interested parties requesting information are asked to contact.the Planning and Zoning Deparhnent.by calling 305-663-6326 or writing to the address indicated above. You are hereby advised that if any persori desires to appeal any.decision made with respect to any matter considered 'at this meeting or hearing,suck person,will need a record of the proceedings,and for soch purpose may need to ensure thaf a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based T.S.286.0105).Refer to hearing number when making any inquiry. j4•} ft. i -7 �F°.%!r, '. Z RECOMMENDATION It is recommended that the attached resolution related to revising the Site Plan for 6001 SW 70" Street be approved Attachments Draft Resolution TJV/SAY XAComm ltems\2009\11-3-09\Valencia Site plan Revision CM ReporLdoc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN 5 ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE.NO. 24-01- 6 1755 ON OCTOBER 212001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 7 70" STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN 8 ADDITION TO RETAIL USES; AND PROVIDING FOR AN EFFECTIVE DATE 9 10 WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 11 1755 which changed the official zoning map of the City on property at 6001 SW 70'x' Street (aka 12 the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), 13 Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six 14 story residential building with ground floor commercial uses; and 15 16 WHEREAS, the it was felt that commercial. uses on the ground floor should be 17 neighborhood oriented with local area residents encouraged to establish businesses in the spaces 18 available; and 19 20 WHEREAS, to implement the policy set forth above the Site Plan adopted as part of 21 Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of 22 the building facing SW 59th Place was to be "Retail"; and 23 24 WHEREAS,over the past several years most of the commercial spaces on the ground 25 floor have remained vacant and it has been difficult to attract tenants which are strictly retail 26 establishments; and 27 28 WHEREAS, in order to respond to current economic conditions to expand the 29 opportunities for local residents to establish businesses in the building and the'community, the 30 Planning Board and the Planning and Zoning Department are requested to initiate the necessary 31 legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to 32 permit other commercial uses in addition to retail uses to locate in the ground floor spaces, 33 provided, however, that new uses are compatible with the residential character of the building and 34 sufficient parking spaces are available. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1. That the Planning Board and the Planning and Zoning Department are 40 requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site 41 Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to 42 retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible 43 with the residential character of the building and sufficient parking spaces are available. 44 45 Section 2. This resolution shall be effective immediately upon being approved. 46 47 48 49 1 2 2 3 4 5 PASSED AND ADOPTED this , day of ,2009 6 7 ATTEST: APPROVED: 8 9 10 11 CITY CLERK MAYOR 12. 13 14 15 Commission Vote: 16 READ AND APPROVED AS TO FORM: Mayor Feliu: 17 Vice Mayor Beasley: 18 Commissioner Palmer: 19 Commissioner Newman: 20 Commissioner Sellars: 21 CITY ATTORNEY 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 XAComm items\2009\11-3-09\Valencia Site Plan Revision Resol.doc NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 668-7356 On Tuesday, December 22, 2009 at 7:30 P.M.,the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.* 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 the area involved. Interested parties requesting information are asked to contact the Planning Department by calling 305-663 6326 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). Refer to hearing number when making any inquiry. *(This item was deferred previously due to the lack of a quorum) NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 668-7356 On Wednesday, December 9, 2009 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMIS O O EC Y OF SOUTH MIAMI, FLORIDA, RELATING TO ANA DM TT SITE PLAN FOR THE VALENCIA BUILDING LOCATED A S 0 STREET WHICH SITE PLAN WAS ADOPTED VIA O INANC O. -01-1755 ON OCTOBER 2, 2001; THE AMENDMENT W ALL ER USES IN ADDITION TO RETAIL USES IN T E FIR ' FLO COMMERCIAL SPACES; PROVIDING FOR SEVERAB Y; PROV OR ORDINANCES IN CONFLICT; AND PROVIDING F A FEC V ATE. All interested parties are urged to att d. Objection /expions of approval may be made in person at the hearing or filed in writing pri to or at the h The Planning Board reserves the right to recommend to the City Commi ion tever the b rd rs in the best interest for the area involved. Interested parties requesting info atio e asked t contact the Planning Department by calling 305-663- 6326 or writing to the address indic a You are hereby advised that ' any esires to appeal any decision made with respect to any matter considered at thi eeting or ring, such person will need a record of the proceedings, and for such purpose may nee re that er atim record of the proceedings is made, which record includes the testimony d evid ce whic e appeal is to be based (F.S. 286.0105). Refer to hearing number when ny inq X:\PB\PB Adverts Notices\2009 Ads&Notices\12-9-09\Mail Notice PB-06-029.doc NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 668-7356 On Wednesday, December 9, 2009 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 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 the area involved. Interested parties requesting information are asked to contact the Planning Department by calling 305-663- 6326 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). Refer to hearing number when making any inquiry. NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone:(305) 663-6326; Fax#:(305) 668-7356 )n Tuesday,December 22,2009 at 7:30 P.M.,the City of South Miami Planning Board will conduct i public hearing in the City Commission Chambers at the above address on the following item: 'B-09-029 lipplicant:City of South Miami W ORDINANCE OF THE MAYOR&CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, iELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT i001 SW 70"'STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO.24-01-1755 ON )CTOBER 2,2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL ISES IN THE FIRST FLOOR COMMERCIAL SPACES;PROVIDING FOR SEVERABILTY;PROVIDING :OR ORDINANCES IN CONFLICT,AND PROVIDING FOR AN EFFECTIVE DATE. 'B-09-030 1pplicant:City of South Miami W ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA 1MENDING THE LAND DEVELOPMENT CODE SECTION 20-3.5 ENTITLED "DIMENSIONAL 1EQU1REMENTS"IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING )R ADJACENT TO SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY; PROVIDING :OR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. dl interested parties are urged to attend.Objections or expressions of approval may be made in person at the hearing rfiled in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the City Commission vhatever the board considers in the best interest for the area involved.Interested parties requesting information are sked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated above. bu are hereby advised that if any person desires to appeal any decision made with respect to any matter considered it this meeting or hearing,such person will need a record of the proceedings,and for such purpose may need to insure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based(IRS.286.0105).Refer to hearing number when making any inquiry. NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 668-7356 On Tuesday, December 22, 2009 at 7:30 P.M., the City of South Miami Planning Board will conduct a public hearing in the City Commission Chambers at the above address on the following item: PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO, 24-011755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. PB-09-030 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE . SECTION 20-3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 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 the area involved. Interested parties requesting information are asked to contact the Plaiming and Zoning Department by calling 305-663- 6326 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). Refer to hearing number when making any inquiry. CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 668-7356 1 i December 9, 2009 Octelma Ferbeyre Miami Review 100 NE 7 Street Miami, Fl 33132 Fax: (305) 347-6636 No. of Ad Pages: 1 Dear Ms. Ferbeyre: Please advertise the attached one page Notice of Public Hearing on Friday, December 11, 2009 in the Daily Business Review Newspaper. Use the smallest possible size and forward proof of publication to the Planning and Zoning Department at the above address. Should you need any further clarification, please contact this office (305) 663-6326. Thank you. Sincerely, Tho i J. ageline, D' ctor Planming and Zoning Department r X:\PB\PB Adverts Nofices\2009 Ads&s Notices\12-22.091Public Notice Ad.doc i 04 s°U T� South Miami Al All-America City INCORPORATED 1927 Q+ CpRtO 2001 To: Honorable Chair& Date: December 22,2009 Planning Board Members From: Thomas J. Vageline, Director Re: Valencia Building- Site Plan Planning and Zoning Departmen Amendment 6001 SW 70 Str. PB-09-029 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the 'building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail". The list of allowed retail uses is part of the LDC's Permitted Use Schedule, Section 20-3.3(D) pp. 31-34. A copy of the Permitted Use Schedule is attached. Valencia Building Amend Site Plan December 22, 2009 2 STAFF OBSERVATIONS (1) In 2001 the approval of the Valencia Project required three separate procedures to implement the project. The first was approval of three special exceptions (variances) which allowed for a "large scale" project; a reduction in number of required parking spaces; and a waiver of the 20 foot setback at the fifth floor. Attached is Resolution No. 134-01-11282 which was adopted on September 18, 2001. (2) The second procedure was an amendment to the Future Land Use Map (FLUM) from Mixed Use Commercial-Residential (4 Story) to Transit Oriented Development District (4+4 stories) Attached is Ordinance No.23-01-1754 adopted on October 2, 2001. (3) The final procedure required for project approval was a re-zoning from the "MO" Medium Density Office Zoning District to "TODD(MU-5)" Transit Oriented Development District (Mixed Use 5) Zoning District. The zone change allowed up to eight stories and unspecified residential or commercial density. The zone change was accomplished by adoption of Ordinance 24-01-1755 on October 2, 2001. Included were seven development conditions one of which adopted a Site Plan for the project which states only "retail" stores on the ground floor. It is important to note this ordinance constituted the "development agreement'. for the project. Attached is Ordinance 24-01-1755 and a copy of the Site Plan's ground floor page. (4) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor.The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2006 meeting also recommended denial. Attached is a copy of the staff report on that request and a minutes excerpt on the item from the January 10, 2006 meeting. The City Commission subsequently did not act on the matter. (5)In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) in one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. During a review of that application the Planning staff produced a parking space analysis of the remaining parking spaces available to any new business uses which might locate in the remaining vacant stores. The analysis showed that there remains 13 undesignated parking spaces in the commercial parking garage on the ground floor. These spaces would be used to meet the parking requirement of new businesses which locate at the Valencia on the first floor (6) It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office,business and personal services). See pp. 30.1 thru 30.5 of the Permitted Use Schedule for list of allowed uses. Valencia Building Amend Site Plan December 22, 2009 3 RECOMMENDATION: It is recommended that the Site Plan for the Valencia Building (aka Shoal Creek Properties) approved by Ordinance No. 24-01 4755 on October 2, 2001 be amended to show that the permitted ground floor commercial uses may be retail, office, business and personal services. Attachments: Resolution No. 196-09-13005 Resolution No.134-01-11282 Ord.No.23-01 71754 Ord No. 24-01-1755 Site Plan(first floor) Planning Dept Staff Report 1/10106 Planning Board Minutes Excerpt 1/10-06 Parking Analysis Valencia Building(revised) Permitted Use Schedule Sec. 20-3.3(D) Public Notices TJV/SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\12-22-09\PB-09-029Valencia Site plan revision.doc RESOLUTION NO. 196-09-13005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 212001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments;and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to pen-nit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res,. :,No. 196-09-13005 2 PASSED AND ADOPTED this 3roday of Nov. , 2009 ATTEST: APPROVED: C1TY CLERK qAYOR Commission Voter 5-0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea -� Commissioner Palmer: Yea Commissioner Newman: Yea --1 Commissioner Sellars: Yea CITY ATTORNEY XAComm Items\2009\11-3-09\Vaiencia Site Plan Revision Resoi.doc 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 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 7e STREET, ON THE EAST BY SW 59T PLACE, ON THE NORTH BY SW 69n STREET,AND ON THE WEST BY SW 6187 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°' Street, on the east by S.W. 59" Place, on the north by S.W. 69"' Street, and on the west by S.W. 61"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(4w1); 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.. 701" Street, on the east by S.W. 591h Place, on the north by S.W. 69`h Street, and on the west by S.W. 61"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 --�L / //© b� Commissioner Wiscombe: yea CITY ATTORNEY Page 2 of 2 ORDINANCE NO. 24-01-1755 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 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. WHEREAS, Application No. PB-01-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district 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'' Street, on the east by S.W. 59h Place, on the north by S.W. 69's Street, and on the west by S.W. 615` Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units 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 Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning application,the 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 aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties 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`h Street, on the east by S.W. 59th Place, on the north by S.W. 69h Street, and on the west by S.W. 615`Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10/22/01 2 (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; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth in the Land Development Code; (3) Applicant to submit a Unity of Title document as required byLDC Section 20-8.16; (4) Applicant shall provide a m umum three-foot buffer between the garage(north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59 h Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery/service,to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape 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 h Street, and SW 615`Avenue,the triangular"bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters;or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape islands. • For the portion of 70'' Street between SW 615`Avenue and the building entrance,the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on-street parking and the required street trees. • For the portion of 70`h Street between the building entrance and SW 59th Place,the sidewalk shall be widened to provide eight(8)feet of sidewalk, said sidewalk to incorporate street trees in tree grates,thereby providing the street trees required by the Land Development Code while allowing a minimum five(5)foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20-8.17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: APPROVED: CITY CLERK MAYOR I" Reading—September 18, 2001 2nd Reading—October 2, 2001 (As amended) COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY t I pp 115 - s a �p ® ol®I 6. e ®I t EE omp h � %s iV A II I R e' 3 IN guile II ■Y■Y � �~ u u 7a�� `' �� a , All a AAA s �� _ ''Nii 's iA'1'll�NSA' 'sim sT'a ir;0i__',J�` -"if,Ql s 4.�y1 a 1�... ® 1 �®RK NOW- All � I e t i E=: ORDINANCE NO. 23-01-1754 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED-USE COMMERCIAL RESIDENTIAL CATEGORY TO THE TODD,'TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET,ON THE EAST BY SW 59"'PLACE,ON THE NORTH BY SW 69'x` STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. LPA-01-001 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C; said application requesting to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential category to the TODD, Transit Oriented Development District category on property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site is bounded on the south by S.W.70'h Street, on the east by S.W. 59"'Place, on the north by S.W. 690'Street, and on the west by S.W.6I'Avenue; and WHEREAS, on , July 10, 2001, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the application subject to certain conditions, by a vote of 5-0 ; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1. That the Future "Land Use Map of the South Miami Comprehensive Plan is hereby amended by changing the future land use category from the Mixed-Use Commercial Residential category to the TODD, Transit Oriented Development District category on property being legally described as Lots I through 25, Block 15, Larkins Townsite Subdivision, said site bounded on the south by S.W.70 Street, on the east by S.W 59P. Place, on the north by S.W. 69'' Street, and on the west by S.W.6I"Avenue, Section 2 . That the development regulations applicable to the subject property shall be as specified in the Land Development Code and as set forth in the zoning use district amendment ordinance which will be required to be adopted in order implement the proposed development of the site. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord. no. 23-01 -1754 2 Section 5 This ordinance shall become effective thirty-one (3 1) days after the adoption of this amendment. PASSED AND ADOPTED this 2n8 day of October. 2001 ATTEST: APPROVED: CITY CLERK OR 1$` Reading—July 24,2001 2"d Reading—October 2, 2001 (as amended) COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea 6TY ATTORNEY 04 SOUTH South Miami � r All-America City INCORPORATED - 1927 A O RYA 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 70th 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 70th 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)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 59th 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. Site Plan Amendment December 13, 2005 Page 2 of 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. 20-4.4L). Staff has concluded that all parking in the existing structure is required to be part of a common element and can not be sold. 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 oflntent Ord.No. 24-01-1755 Site Plan (Adopted 9-28-01) Public Notices DOD/SAY E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports\1-1 0-05\PB-05-029 Site Plan Amend 6001 70 St Report.doe 4 Sour Or (b(�� W INCORPORATED 19: C0 R10 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 10, 2006 City Commission Chambers 7:30 P.M. EXCERPT 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'Donniley, 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). IV. Planning Board Applications / Public Hearings PB-05-029 ' Applicant: Isidro Guillama Location: 6001 SW 70th 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 70`h 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 Planning Board Meeting Excerpt January 10, 2006 Page 2 of 4 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 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-S) 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. Planning Board Meeting Excerpt January 10, 2006 Page 3 of 4 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 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. Planning Board Meeting Excerpt January 10, 2006 Page 4 of 4 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 Ap rp oved EAComm Items\2006\2-7-06\Excerpt Plan Bd Minutes Valencia 1-10-06.doc NOTICE-OF 006 C MIRING CITY OF SOUTH MIAMI , MIAMI DAILY BUSINESS REVIEW soul, Published Daily except Saturday,Sunday and �F pr " Legal Holidays f Miami,Miami-Dade County,Florida y V STATE OF FLORIDA ,rCOpM. COUNTY OF MIAMI-DADE: tee' >- --� CoRyO Before the undersigned authority personally appeared Planning and Zoning Department .. MARIA MESA,who on oath says that he or she is the 6130 Sunset Drive; South Miami,Florida 33143 LEGAL CLERK, Legal Notices of the Miami Daily Business - Phone: (305)663-6326; Fax#: (305)668-7356 Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal.Holidays)newspaper,;pubiished at Miami"lit Miami-Dade On Tuesday;December 22;2009 at 7:30 P.M.,.the City of South Miami County, Florida;that the attached copy of advertisement,. Planning Board will conduct a public hearing in the City Commission being a Legal Advertisement of Notice in the matter of Chambers at.the above address on the following item: - �PB-09-029 ='' CITY OF SOUTH MIAMI-PUBLIC HEARING-DEC.22,2009 iApplicant:l.Cityof South Miami ITEM: PB-09-029 AND PB-09-030 AN ORDINANCE.OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,.RELATING TO AN AMENDMENT, in the XXXX Court, ITO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT was published in said newspaper in the issues of 6001 SW 70th STREET WHICH'SITE PLAN.WAS ADOPTED VIA.- P ,ORDINANCE -NO. 24-01-1755 ON OCTOBER W 2, 2001; -THE (AMENDMENT WOULD ALLOW' OTHER-USES:IN ADDITION:TO 12/11/2009 RETAIL- USES FLOOR COMMERCIAL'SPACES; P ROVIDING FOR ORDINANCES !IN CONFLICT;AND PROVIDING-FOR AN EFFECTIVE DATE.. Affiant further says that the said Miami Daily Business r � 3 Review is a newspaper published at Miami in said Miami-Dade �PB-09-030 County, Florida and that the said newspaper has (Applicant:;City of South Miami heretofore been continuously published in said Miami Dade County, IAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH :MIAMI; FLORIDA.',AMENDING THE',LAND Florida,each day(except Saturday,Sunday and Legal Holidays) DEVELOPMENT CODE SECTION 20-0.5 ENTITLED"DIMENSIONAL: and has been entered as second class mail matter at the post iREOUIREMENTS IN ORDER,TO LIMIT TO TWO STORIE$:THE office in Miami in said Miami-Dade County, Florida,for a HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE period of one year next preceding the first publication of the FAMILY RESIDENTIAL';PROVIDING'FOR SEVERABILTY;PROVID attached copy of advertisement;and affiant further says that he or ING FOR ORDINANCES.IN CONFLICT; AND PROVIDING FOR AN she has neither paid nor promised any person,firm or corporation EFFECTIVE DATE:' any discount bate, mission or refund for the purpose r- of s a r ublication in the said All interested parties are urged tq.attend.Objections or expressions of, wspaper. approval maybe made in person at_the hearing or filed in writing prior to' or atthe hearing.The Planning Board reserves the right to recommend to the City Commission whatever tRe board considers in the best interest' for the area involved.interested parties requesting information are asked,. to contact the Planning and Zoning Department'by calling 305-663-6326 Sworn to and subscribed before me this orwriting to the address indicated above. You are hereby advised that if any person desires to appeal any decision 1 tjy-of_[�ECEMBER AD 2009 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 do��+ �. � ^ �,;y,1 r may need to ensure that a verbatim record of the proceedings is made, on �1 JLI/�/0011 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 (SEAL) any inquiry. 12/11. -_ __ __ 09_3-103/1363987M. MARIA MESA personally known to me fy+^c�•. LETICIA DE CASSIA FREEMAN If �. M'f COMMISSION#DD710253 '•.,,,�r.:• EXPIRES August 29,2011 (407)398-0153 F1nrid.iNo11ry5erviw-c0m _ } THURSDAY,DECEMBER 17,2009 1 2765 ±LAC HEARING NOTCE OF PUB - CITY OF SOS�N MHAN11 - Planning and Zoning Department 6130 Sunset Drive; South Mianii,Florida 33143 - Phone:(305).663-6326;,Fax#:(305)668 77356 On Tuesday,10ecember 22,2009.at 1:30 P.M.,the City of South Miami'Planning Board will.conduct a public hearing in the City Commission.chambers at the above address on the following item: PB-09-029 Applicant:City of South Miami: AN ORDINANCE OF THE MAYOR&.CITY COMMISSION OF THE CITY.OF'SOOTH MIAMI,FLORIDA, RELATING TO AN AMENDMENT TO THE SITE.PLAN-FOR`THE VALENCIA BUILDING LOCATED'AT . 6001 SW 70t'STREET WHICH SITE,PLAN WAS:ADOPTED°VIA.ORDI LANCE N0.24-0i-1755:ON OCTOBER 29 2001; THE AMENDMENT-WOULD ALLOW-OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES;_PROVIDING FOR SEVERABILTY;PROVIDING FOR ORDINANCES IN CONFLICT,AND P.ROVIDING.FOR AN EFFECTIVE DATE `7, PB=09-030 Applicant:City of South Miami. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI;FLORIDA_< AMENDING THE- LAND DEVELOPMENT CODE SECTION 20-3.5 .ENTITLED "DIMENSIONAL REQUIREMENTS"IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF'BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILTY, PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. 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 oratthe hearing:The Planning Board reserves the right to recommend to the City Commission whatever-the board considers in the best-interest for the area involved.Interested parties requesting information are asked to contact.the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated _above. You are hereby advised that if any person desires to appeal apy 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).Refer to hearing number when making any inquiry. I sour o� F � INCORPORATED 1927 L0Rto CITY OF SOUTH MIAMI PLANNING BOARD DRAFT Action Summary Minutes Tuesday, November 24, 2009 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. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting a quorum: Present: Mr. Comendeiro, Mr. Farfan, Mr. Morton, Ms. Yates, and Mr. Whitman, Mr. Cruz, and Ms. Young Absent: None City staff present: Thomas J. Vageline (Planning and Zoning Director), Lourdes` Cabrera-Hernandez (Principal Planner), Maria Stout-Tate (Administrative Assistant II), Mark Goldstein, City Attorney. III. Administrative Matters: Mr. Vageline passed out a sheet with some changes for future meeting dates to the Board members, due to conflicting dates with some City Commission Meetings. Mr. Morton stated that PB-09-029 was going to be deferred to the next meeting due to the fact that staff had requested it. Mr. Vageline stated that the deferment was due to the fact that it was advertised incorrectly (i.e. stated resolution instead of ordinance). Mr. Goldstein, City Attorney, stated that it could be deferred to the next meeting with a vote from the Board. Mr. Whitman interjected and stated that he wanted staff to bring back the item of PB- 09-029 with the following information attached: development agreement, and any variances since 2001, along with any special use approvals. Ms. Young also stated that she wanted to see any other variances that were granted on this property. Planning Board November 24, 2009 Page 2 of 8 Ms. Yates made a motion to defer it to the next meeting. Seconded by Ms. Young. Vote: 7 ayes, 0 nayes Motion was adopted and passed IV. Planning Board Applications/Public Hearings. PB-09-028 Applicant: Palmcorp Development Group, LLC Location: 7630 SW 63`d Court Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS-3" SINGLE-FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Morton read into the record. Mr. Morton asked a few questions on the above stated item. Ms. Cabrera-Hernandez stated that the applicant is requesting approval of a variance from Section 20-3.5(E), Dimensional Requirements Single-Family Districts, of the Land Development Code (LDC) to permit a new one-story single family home to be built on a vacant corner lot having a lot frontage of 32.99 feet in lieu of the required minimum lot frontage of 75 feet in the RS-3 Single Family Residential Zoning District. The intent of the variance request is to orient the front of the house toward the east facing a residential street as opposed to facing south to Manor Lane, a street with abutting commercial uses. Ms. Cabrera-Hernandez stated the following applicable regulations would be as the following: Development Code Section 20-3.5(E), Dimensional Requirements Single-Family Districts • Land Development Code Section 20-5.9 Variance Approvals • Land Development Code Section 20-6.1(B)(3)(h),Planning Board, Powers and Duties South Miami All-America City = ?001 PARKING REQUIREMENTS FOR VALENCIA BUILDING 2001 Residential- 294 Units = 588 spaces Commercial — 6,812 sq. ft. % 250 sq ft = 28 spaces ! TOTAL 616 spaces PARKING REDUCTIONS ALLOWED / GRANTED 2001 Bonus 5 % Reduction For Arcade - 31 ( 585 required) Special Exception Granted (Variance) 35 (550 required) ACTUAL SPACES PROVIDED IN 2001 Garage Spaces 526 spaces On-Street Spaces 24 spaces TOTAL 550 spaces NUMBER OF SPACES ALLOCATED TO COMMERCIAL First Floor (Visitor parking) provided /counted 33 spaces Current uses 3 Retail Stores -12 spaces Proposed restaurant will use (800 sq.ft.) - 8 spaces Three remaining Retail stores Vacant; Will require -9 spaces (based on retail use) Surplus parking spaces 4 spaces 36tS i SO NOVEMDER 29-:2009 . . �• MiamiNerald corn`. seene d . Us.ISS-MONDAY. N®TlCE ®E Pl1��IC HEARING:- CITY OF SOUTH MIAMI Planning and Zoning Department 6130'8unset Drive;South Miami, Florida'33143 ' Phone:'(305)663-6326;_Fax#:(305)668=7356 :: On.Wednesday;.December 9,2009.at7:30-P.M.,the City of South Miami,Planning Board will conduct a public hearing in the'City Commission., ambers at the above address;on-the following item; PB-09 029 .. Applicant:City.of Soeith Miami AN ORDINANCE OF THE MAYOR&CITY COMMISSION OF.THE CITY:OF..SOUTH MIAMI; FLORIDA,.RELATING TO AN'.AMENDMENT TO THE SITE PLAN FOR.THE VALENCIA BUILDING LOCATED.AT 6001;SW 70th STREET WHICH SITE PLAN,WAS ADOPTED.VIA ORDINANCE ' NO.24-01-1,755 ON OCTOBER 2,2001;THE AMENDMENT WOULD ALLOW.OTHER USES IN ADDITION;TO RETAIL USES-:IN.:THE.FIRST FLOOR COMMERCIAL SPACES;: PROVIDING: :FOR. SEVERABILITY; PROVIDING FOR ORDINANCES,IN CONFLICT,AND PROVIDING FOR AN EFFECTIVE DATE. 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'whateverthe board considers in the best t interest for the area-involved. Interested parties requesting information are asked to contact the Planning and Zoning j Department by calling.305-663 6326' 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.286.01.05). Refer to hearing number when making any inquiry. -.3fG5•I SUNDAY;NOVEMBER 29;'2009:. ___ MiainiHerald:colnj: s N_DAY • �NOTICE�OF PUBLIC HEARING; � . {._(CI'Ty. OF`SOUTH'MIAMrI ,', r 2: �-i.�t'- r1: :�.. 's. a.ri`.�Y .:i•�•(l. :�7,i}. ._.y. ?Planning an d Zoning Department 6130`Sunset DriVe•South'Miami;_Florida 33U3 ;Phone:( 05)663-6326;Fab k(305)668=7356- "' - &Wednesday;December 9,2009.at 7:30 PM:;the City,of South Miamt Planning Board will conduct a public hearing in ; ,the CityiCbmmission•Chambers.atthe above address;on.the .. - PB 09 019 s.'Applicant.:City.ofSouth-Miami - 5 AN ORDINANCE OF THE:MAYOR &CITY COMMISSION' •OF_THE CITY-'_OFSOUTH••MIAMI FLORIDA,..RELATING TO `AN•+AMENDMENTS TO•THE•.SITE-PLAN- FOR THE VALENCIA BUILDING LOCATED-AT 6001'SWJ01"STREET, ,WHICH'SITE'PLAN.'WAS ADOPTED'VIA ORDINANCE ' -N6.24=01-1755 ON OCTOBER 2,2001;THE AMENDMENT WOULD:ALLOW.OTHER USES IN ADDItION,TO RETAIL USES',IN',THE;FIRST. FLOOR'.COMMERCIAL SPACES;.: PROVIDING.:FOR SEVERABILItY; _.PROVIDING? FOR ORDINANCES;IN CONFLICT;AND PR6VIDING FOR AN EFFECTIVE DATE. 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 I . Planning Board reserves the right to recommend to the . 1 City Commission'whatever the board considers in-the best interest for the'area involved. Interested parties requesting information are asked to contact-the P-Ianning:,arad2oning Department by calling 305.663-6326,"or wrlfin ,to-tF�e•> .address`indicated above. �,. s� 4 :E j 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 I 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.286.01.05). Refer to hearing number when.making any inquiry. 3 5 I SUNDAY NOVE ER 29 2009 MiamlHereld:com'. scene:�n. IJSISSMOIAY �u L c HEAR1N.Q cI ®F OUTH IAMI Planning and Zoning Department 6130 Sunset Drive;South Miami,Florida 33143 Phone.(305)663-6326;Fax#:(305)668-7356 On.Wednesday;December 9,2009'at.7:30 P.M.,the City..of South.;Miami:Planrnng`.Board.wilf conduct a public hearing in the City Commission'Chambers.at.the above address:on the. followingltem:.. - �? Applicant?City of South Miami AN'ORDINANCE OF THE MAYOR&CITY COMMISSION OF THE:C{TY;OF.SOUTH.MIAMI; FLORIDA,.RELATING TO AN,`AMENDMENT TO THE SITE PLAN- FOR.THE VALENCIA BUILDING LOCATED-AT 6001 SW 7011 STREET WHICH:SITE PLAN, WAS ADOPTED`VIA ORDINANCE ' NO.24-01-1755 OCTOBER 2,2001;THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION'.TO RETAIL USES',IN.,:THE'FIRST.FLOOR COMMERCIAL SPACES;.. PROVIDING FOR SEVERABILITY; PROVIDING FOR. ORDINANCES IN CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. 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 I I ..interest for the area involved. Interested parties requesting information are asked to contact the Planning.:.and Zoning I Department by calling 305-663 6326 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#or such purpose may need to ensure I that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon.which . I the appeal is to be based(F.S.286.0105). Refer to hearing number when.making any inquiry. 01 So U T� South Miami All-America City INCORPORATED 1927 CQR1Q P � 2001 To: Honorable Chair& Date: November 24, 2009 Planning Board Members �'rti ,IJ From: Thomas J. Vageline, Director r q e Re: Valencia Building- Site Plan Planning and Zoning Department Amendment-6001 SW 70 Str. PB-09-029 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; AND PROVIDING FOR AN EFFECTIVE DATE NOTE: THIS ITEM CAN NOT RE ACTED UPON AS A RESOL UTION; THE ITEM WILL BE CONVERTED TO ORDINANCE FORMAT, RE- ADVERTIZED, AND PLACED ON THE PLANNING BOARD'S AGENDA FOR DECEMBER 8, 2009. THE BOARD MAY WISH TO INFORMALLY DISCUSS THE ITEM AND HEAR COMMENTS. HOWEVER FORMAL ACTION AND RECOMMENDATION WILL OCCUR AT THE NEXT PLANNING BOARD MEETING. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential Valencia Building Amend Site Plan November 24, 2009 building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail". It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). STAFF OBSERVATIONS (related actions) (1) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2006 meeting also recommended denial. The City Commission subsequently did not act on the matter. (2) In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) on one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. RECOMMENDATION: This item will be placed in ordinance form on the Planning Board's agenda for December 8, 2009. for public hearing and recommendation. Attachments: Resolution No. 196-09-13005 Ordinance 24-01-1755 Site Plan(firstjloor) Copy of Public Notices TJV/SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\]1-24-09\PB-09-029Valencia Site plan revision.doc 2 RESOLUTION NO. 196-09-13005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 27 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on properly at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of. a six story residential building with ground floor commercial uses ; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 591h Place was to be "Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to,initiate the necessary legislation. to amend the ordinance and site plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses .to locate in the ground floor spaces, provided, however,'that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. Res. No. 196-09-13005 2 PASSED AND ADOPTED this 3rd day of Nov. , 2009 ATTEST: APPROVED: CITY CLERK AYOR Commission Vote: 5-0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea J Commissioner Newman: yea Commissioner Sellars: Yea CITY ATTORNEY XAComm Items\2009\11-3-09\Valencia Site Plan Revision Resol.doc ORDINANCE NO. 24-01-1755 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 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 591"H 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. WHEREAS, Application No. PB-01-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district 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'' Street, on the east by S.W. 59`h Place, on the north by S.W. 69h Street, and on the west by S.W. 61"Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units 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 Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning application, the 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 aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties 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`h Street, on the east by S.W. 59ffi Place, on the north by S.W. 69`h Street, and on the west by S.W. 615f Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10/22/01 2 (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; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement 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 minimum three-foot buffer between the garage(north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between.SW 59 h Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery/service,to comply with City ordinances. (7) To the extent economically feasible,the Applicant to redesign the proposed streetscape 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 h Street, and SW 61"Avenue, the triangular"bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a.covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape islands. • For the portion of 70`h Street between SW 61"Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on-street parking and the required street trees. • For the portion of 70`s Street between the building entrance and SW 59`''Place, the sidewalk shall be widened to provide eight(8)feet of sidewalk, said sidewalk to incorporate street trees in tree grates,thereby providing the street trees required by the Land Development Code while allowing a minimum five(5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20-8.17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same property is effective. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: APPROVED: CITY CLERK MAYOR I" Reading—September 18, 2001 2°d Reading— October 2, 2001 (As amended) COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea CITY ATTORNEY { MIAMI DAILY BUSINESS REVIEW - �� PUBLIC HEARING Published Daily except Saturday,Sunday and Legal Holidays I CITY OF SOUTH MIAMI Miami,Miami-Dade County,Florida c�.U;'j STATE OF FLORIDA COUNTY OF MIAMI-DADE: I 'v l Before the undersigned authority personally appeared IY L�fll(lxnTltl/ x MARIA MESA,who on oath says that he or she is the y LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade Planning and Zoning Department G^unty,F!ori±-;that the attached copy of advertisernsint, 6130 Sunset Drive,South Miami,Florida 33143 . being a Legal Advertisement of Notice in the matter of Phone:(305}663 6326;Fax#{305):668-7356 On Tuesday,November 24,2009 at 7:30 P.M.,the City of South Miami. CITY OF SOUTH MIAMI PUBLIC HEARING NOV.24,2009. i Planning Board will. conduct.public hearings_.in the.City Commission Chambers.at the:above address on the following items ITEMS: PB-09-028 AND PB-09-029 RB=09=026 Applicant: .Palrricorp pevelopment Group'LLC in the XXXX. Court, Location:,7630 SW 63rd Court was published in said newspaper in the issues of 1 A RESOLUTION OF THE'MAYOR&CIT-v COMMISSION OF THE CITY. OF-SOUTH.MIAMI-"FLORIDA-.RELATING TO A:REQUEST FOR A 11/13/2009 `VARIANCE.FROM SECTION:20-3.5(E). OF THE. LAND DEVELOP-. MENT CODE-TO PERMIT:A._NEW SINGLE-FAMILY HOME TO.BE 'BUILT ON A. .LOT-WITH LOT FRONTAGE OF.32.9 FEET WHERE A Affiant further says that the said Miami Daily Business MINIMUM 75 FEET.OF.FRONTAGE IS REQUIRED ON.PROPERTY Review is a newspaper published at Miami in said Miami Dade WITHIN AN."RS=3"_.SINGLE-FAMILY:RESIDENTIAL USE DISTRICT; p -LOCATED AT 7630 SW 63 COURT,.SOUTH MIAMI, FLORIDA; AND- County, Florida and that the said newspaper has PROVIDING FOR AN EFFECTIVE DATE heretofore been continuously published in said Miami-Dade County, Florida,each day(except Saturday,Sunday and Legal Holidays) 09-09-029 and has been entered as second class mail matter at the post Applicant: City of South Miami: . office in Miami in said Miami-Dade County, Florida,for a A.RESOLUTION,OF THE MAYOR &f CITY COMMISSION OF THE period'of one year next preceding the first publication of the CITY-OF SOUTH-MIAMI,FLORIDA,.RELATING TO AN AMENDMENT attached copy of advertisement;and affiant further says that he or TO THE_SITE PLAN FOR THE VALENCIA-BUILDING LOCATED she has neither paid nor promised any person,firm or corporation AT 6001 SW 70th STREET.WHICH SITE PLAN-"WAS:ADOPTED any discount, rebate ission or refund for the purpose VIA'_ORDINANCENO. '24-01=1755 ON OCTOBER.2, 2001; THE of securin t ublication in the said AMENDMENT WOULD ALLOW.OTHER USES IN.ADDITION TO . RETAIL USES IN THE FIRST.FLOOR`COMMERCIAL SPACES;AND ne paper. EFFECTIVE DATE PROVIDING FOR A 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 . Sworn to and subscribed before me this or at the hearing.The Planning Board reserves the right to recommend to the.City Commission whatever the board considers in the best interest 13 day of NOVEMBER A.D. 2009 for the.areainvolved.Interested parties requesting information-are asked to contact the Planning_andZoning Department by calling 3057663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision (SEAL) 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, MARIA MESA personally known to me 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; F ap 11/13. 09-3-272/1347257M o�Pa•z�g^ iJolary public State of,iorid __ Ch, H.Mamier I vy my CoRrniir.sion 6793490 y`or n° Ei,pires 0711012012 ' 2465 I THURSDAY,NOVEMBER 19,2009 _ U.-Frii--L' J r - - E - i �, � -tin SEAFOOD.RESTAURANT �® AD a' •. :Notllmg goes better witb breald ast , m than The Miami,Herald;:deliveied.- a: '800m 1658?t hM. ....-NOTICE OF; P�c BLIC I� RI6� 1`35Ot S.W i'35fh Street� `�h 8399$W 40th Streef -+ '='`- 'w Tef -CITY OF 30'5233 75751 " zEr Tel 305 22iIx lyl T 5 SOOT I.I�I��I 7 - 1p �� .Plgnning and Zoning Department °I 6130 Suirset Drive;_South Miami,Flonda 33143:. Phone:(305)663-6326;-Fax#:j3..).6687735§ r � �, d° "'.On Tuesday, November 24, 2009-at 7 30 P. ,the City of Soirth — - ? ti B �� ®� �� > -Miami Planning Board:.will_conduct.public-hearings m {he Crty t Commission Chambers at the'above address on-the following items ared ,} 1"7 �^^ #' LIMIT ONE PER TABLE. .PB-09-028 BY - MUST PRESENT THIS AD FOR: 0 Development .. 1 licant•`Palmcor .Grou 'LLC AN: rq>- DISCOUNT.EVERYDAY,ALL DAY. APP P. P �7; Location:.7630 SW'631"6ourt Ilrl'ltt. ..�v.' r?�• - -yi.'•-- T'trt"r- ¢ I •, i A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE:CITY t. OF'SOUTH,NIIAMI,;FLORIDA,;RELATING 7Q REQUEST.FUR-A.: Y •7, n :f- :a r. :VARIANCE FROM SECTION 20-3:5(E)OF.THE.LAND DEVELOPfVIENT CODE TO PERMIT A NEW:SINGLE-FAMILY HOME TO BE BUILT ON ' A•-LOT WITH:LOfAONTAGE OF 319 EEET•"WHERE A MINIMUM ` '>< . ' : UIlk DON PROPERTY WITHIN:AN.: acr ,... 75 FEET;OF FRONTAGE IS REO : . . . .. . . .. on "RS=3" SINGLE-FAMILY.RESIDENTIAL USE DISTRICT;:LOCATED. qw Having`probiems'with-your house°netvvork_?` AT 7630.SW 63 COURT;SOUTWMIAMI,FLORIDA;AND PROVIDING`: thr FOR AN EFFECTIVE_DAZE::: .:.: ::..::...:. ,. ....;:':. i:. .. ., Mc Afraid to loose some of your._priceless pictures and data due to a computer failure. TB-09 029 _ go, Have you-experienced the.discomfortof your Applicant:City of South Miami sai computer.fallingwhan you need it the most? : ARESOUITION OFTHE MAYOfi ..... OMMISSION OF THECjTY,- :. .. dar "OF SOUTH MIAMI;FLORIDA;RELATING TO AN AMENDMENT::^:T0 Alr: .�� € THWE:SITE_PLAN"FOR=THE VAI ENCIA BUILDING LOCATED°AT-6001:.' Ho S 701'STREET WHICH'SITE PLAN WAS ADOPTED VIA ORDINANCE �' l `� .� N0.2d-.01-1755 ON OCTOBER.2;,2001,THE:AMENDMENT WOULD ® a�U DISCOUNT �� ALLOW OTHER USES,..IN ADDITION TO RETAIL USES IN THE . :FIRST FLOOR.COMMERCIAL SPACES, AND PROVIDING FOR AN SHOWIN THIS-AD ' : EFFECTIVE DATE - -: � .All.inter ested parties are urged toattend Dblechoos or eicpresslons of `•_- !' :approval may be made m person of the hearing or filed m wnting prior to or at the hearing.The Planning Board -reserves nghfto recommend to the C4 Commission vVhateverthe.:,board;cons der:ih Uie=.b,est Igterest { forthe area Involved Interested parties requesting information are asked to contact the Planning andZomng Dep'artmer>t by calling 303 663 6326 i [ or writing,to the address.indicated above { #\..;. You are hereby adwsed that if any person de§ires'tq appeal any:decision V ;, `made with res ect to any matter considered at this meeting or hearing :fl g 9 Q . . 4• .; _ > � d such person.w'Ipll need a record of the..proceedings and forauch purpose may:need to ensure that a verbatim record of the proceedings Is made 'xx a l which record includes the.testimohy and evidence upon which the appeal is to be based (ES.2860105).Refer•to hearing number when-making. any inquiry. . . . . TP.�1' the I ��► ale-�, - Imo, e 1 _ I - SON rIMIM 4i � A e, 6 ��'i _ \_ �� _ � ,✓:}i;::i:,n ®�!!!�•� Vii. ii4� I -. �', .�' ;6:,,.�. ��„`'g?;•r.;_;fi �e; 5�?::i`�'��••:��:r p d'a'y.:'r.•I _ � OWN V .•.i ��, �'Vi %,p ?�• " �'7� �'?j l'Inn:v,'r,,,;:�:�II(I� i� � �? on ME _FJ7' ➢ `=$:.Cif;,i, .;:_ i•-�•• ••�, L'1�6i� 1� ® '� �L !yam' ,:i::,i•i..:il:S:l...VIII C}lll'L9�ilti(�� °�' 7I I ��I �j• L Y~- •_ Y y IOO 4 �1'I oi111 II II 11 1 i'� • � U (7 1 n� �� t e£ $:,U�`•AYS�:o��°:�Aa�'Q��n�lc'm2�A!C�,^�:`�a��.;.,, II� � � s i i � e 1 v NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax 9: (305) 668-7356 On Wednesday, December 9, 2009 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 701h STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 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 the area involved. Interested parties requesting information are asked to contact the Planning Department by calling 305-663- 6326 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). Refer to hearing number when making any inquiry. NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: '(305) 663-6326; Fax 9: (305) 668-7356 On Wednesday, December 9, 2009 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-09-029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70t' STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 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 the area involved. Interested parties requesting information are asked to contact the Planning Department by calling 305-663- 6326 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). Refer to hearing number when making any inquiry. 0 4 s U U T� South Miami All-America City U "+ INCORPORATED It1 1927 LORtDA 2001 To: Honorable Chair& Date: November 24,2009 Planning Board Members From: Thomas J. Vageline,Director !J Re: Valencia Building- Site Plan Planning and Zoning Department Amendment-6001 SW 70 Str. PB-09-029 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; AND PROVIDING FOR AN EFFECTIVE DATE NOTE: THIS ITEM CAN NOT BE ACTED UPON AS A RESOL UTION; THE ITEM WILL BE CONVERTED TO ORDINANCE FORMAT, RE- ADVERTIZED, AND PLACED ON THE PLANNING BOARD'S AGENDA FOR DECEMBER 8, 2009. THE BOARD MAY WISH TO INFORMALLY DISCUSS THE ITEM AND HEAR COMMENTS. HOWEVER FORMAL ACTION AND RECOMMENDATION WILL OCCUR AT THE NEXT PLANNING BOARD MEETING. REQUEST The City Commission at its November 3, 2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and the Planning and Zoning Department to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building in order to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. BACKGROUND The City Commission on October 2, 2001 adopted Ordinance 24-01-1755 which changed the official zoning map of the City on property at 6001 SW 70th Street (aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential Valencia Building Amend Site Plan November 24, 2009 building with ground floor commercial uses. At that time it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available. In order to implement this policy the Site Plan adopted as part of Ordinance 24-01-1755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be "Retail". It is important to note that over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments. In order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, it has been suggested that consideration be given to amending the adopted site plan to allow other uses (office, business and personal services). STAFF OBSERVATIONS (related actions) (1) In 2006, the City reviewed an application by an individual with the consent of the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the first floor. The Planning and Zoning Department recommended denial. The Planning Board at its January 10, 2006 meeting also recommended denial. The City Commission subsequently did not act on the matter. (2) In October 2009, the Planning Board did recommend approval of a special use request to allow a restaurant (retail use) on one of the commercial units at the ground floor. The City Commission at its November 17, 2009, meeting approved the request. RECOMMENDATION: This item will be placed in ordinance form on the Planning Board's agenda for December 8, 2009. for public hearing and recommendation. Attachments: Resolution No. 196-09-13005 Ordinance 24-01-1755 Site Plan(first floor) Copy of Public Notices TJV/SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\11-24-09\PB-09-029Valencia Site plan revision.doc 2 RESOLUTION NO. 19 6-09-1300 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24-01- 1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES ; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 2, 2001 the City Commission adopted Ordinance 24-01- 1755 which changed the official zoning map of the City on property at 6001 SW 70" Street (aka the Valencia Building) from "MO',' Medium Intensity Office Zoning District to TODD (MUS), Transit Oriented Development District (Mixed Use 5) in order to permit the construction of a six story residential building with ground floor commercial uses; and WHEREAS, the it was felt that commercial uses on the ground floor should be neighborhood oriented with local area residents encouraged to establish businesses in the spaces available; and WHEREAS, to implement the policy set forth above the Site Plan adopted as part of Ordinance 24-014755 specifically designated that all of the commercial space on the first floor of the building facing SW 59th Place was to be"Retail"; and WHEREAS, over the past several years most of the commercial spaces on the ground floor have remained vacant and it has been difficult to attract tenants which are strictly retail establishments; and WHEREAS, in order to respond to current economic conditions to expand the opportunities for local residents to establish businesses in the building and the community, the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend the ordinance and site plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however, that new uses are compatible with the residential character of the building and sufficient parking spaces are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Planning Board and the Planning and Zoning Department are requested to initiate the necessary legislation to amend Ordinance 24-01-1755 and associated Site Plan adopted in 2001 for the Valencia Building to permit other commercial uses in addition to retail uses to locate in the ground floor spaces, provided, however,.that new uses are compatible with the residential character of the building and sufficient parking spaces are available. Section 2. This resolution shall be effective immediately upon being approved. r Res. No. 196-09-13005 2 PASSED AND ADOPTED this 3r0day of Nov. , 2009 ATTEST: APPROVED: CITY CLERK �e JAY.R Commission Vote: 5-O READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea CITY ATTORNEY XAComm Ftems\2009\11-3-09\Valencia Site Plan Revision Resol.doc ORDINANCE NO. 24-01-1755 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 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. J WHEREAS, Application No: PB-01-015 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the City of South Miami by changing the zoning use district for property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 700i Street, on the east by S.W. 59h Place, on the north by S.W. 690' Street, and on the west by S.W. 61st Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District.; and WHEREAS, the purpose of the change of zoning is to permit the construction of a six story residential apartment building with 294 dwelling units 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 Comprehensive Plan; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended approval of the application with conditions; and WHEREAS; on August 28, 2001, after Public Hearing regarding the proposed rezoning application,the 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 aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties for property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 700' Street, on the east by S.W. 590' Place, on the north by S.W. 69h Street, and on the west by S.W. 61"Avenue from "MO" Medium-Intensity Office Use District to "TODD (MU-5)", Transit Oriented Development District (Mixed-Use 5) Use District, said rezoning to be subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: Scriber's error corrected 10/22/01 2 (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; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement 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 minimum three-foot buffer between the garage(north side)and the sidewalk;. (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59`s Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on the revised Site Plan as submitted to the City on September 28, 2001; (6) Storefront delivery/service,to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape 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 h Street, and SW 61"Avenue,the triangular"bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self-contained landscape islands. • For the portion of 70`h Street between SW 61S`Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated,thus providing additional on-street parking and the required street trees. • For the portion of 70th Street between the building entrance and SW 59th Place, the sidewalk shall be widened to provide eight(8)feet of sidewalk, said sidewalk to incorporate street trees in tree grates,thereby providing the street trees required by the Land Development Code while allowing a minimum five(5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating Plan Graphic illustrations contained in Section 20-8.17 of the Land Development Code. Section 4 If any section, clause, sentence, or phrase of this ordinance is.for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 3 Section 5 All ordinances or,parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. I Section 6 This ordinance shall be effective on the date when the Comprehensive Plan Future Land Use Map amendment application for the same property,is effective. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: APPROVED: xfG�G4►/ CITY CLERK MAYOR 1St Reading—September 18, 2001 2nd Reading—October 2, 2001 (As amended) COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea' Commissioner Wiscombe: Yea CITY ATTORNEY MIAMI DAILY BUSINESS REVIEW NOTICE OF.PUBLIC HEARING Published Daily except Saturday,Sunday and Legal Holidays CITY O , SOUTH MIAMI Miami,Miami-Dade County,Florida ;OUI,j� " STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared y • 1:1 CONPVU•ifV � MARIA MESA,who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade Planning and Zoning Department 6130 Sunset Drive;South Miami,Florida County,-Rorida;that.the attached copy of advertisement, 7356 being a Legal Advertisement of Notice in the matter of Phone:(305)663 6326;Fax#:-(305)668-7356 _. On Tuesday,-November N,2009 at.:30 P.M.,the City of South Miami. Planning Board will conduct public hearings.in the.City Commission CITY OF SOUTH MIAMI-PUBLIC HEARING-NOV.24,2009. Chambers atthe.aboveaddresson the following items: ITEMS:PB-09-028 AND PB-09-029 PB=.09=028—T--, - ' Applicant: Palmcorp Development Group;`LLC in the XXXX Court, Location:.7630 SW 63rd Court was published in said newspaper in the issues of !A RESOLUTION OF THE MAYOR&CiTY COMMISSION OF THE CITY 'OF-SOUTH MIAMI;FLORIDA:,-..RELATING TO A REQUEST FOR-A 11/13/2009 -VARIANCE FROM-SECTION-20-3.5(E) OF THE LAND DEVELOP-, MENT CODE TA PERMIT ANEW SINGLE FAMILY HOME TO.BE -BUILT ON A.LOT.WITH LOT FRONTAGE OF 32.9 FEET WHERE A Affiant further says that the said Miami Dail Business MINIMUM 75 FEET OF.FRONTAGE IS`REQUIRED ON PROPERTY Y Y WITHIN AN."RS-3"SINGLE-FAMILY.RESIDENTIAL USE DISTRICT; Review is a newspaper published at Miami in said Miami-Dade -LOCATED AT 7630 SW 63 COURT,SOUTH MIAMI,_FLORIDA;AND- County,Florida and that the said newspaper has PROVIDING FOR AN EFFECTIVE DATE.' " heretofore been continuously published in said Miami-Dade County, Florida,each day(except Saturday,Sunday and Legal Holidays) PB-09-029 . and has been entered as second class mail matter at the post Applicant: City of South Miami. office in Miami in said Miami-Dade County, Florida,for a :A RESOLUTION-OF THE.MAYOR &,CITY COMMISSION OF THE period of one year next preceding the first publication of the CITY-OF SOUTH-MIAMI,,FLORIDA,RELATING TO AN AMENDMENT' attached copy of advertisement;and affiant further says that he or TO 'THE_SITE PLAN FOR THE VALENCIA-BUILDING.LOCATED she has neither paid nor promised any person,firm or corporation AT 6001 SW 70th:STREET WHICH SITE PLAN-WAS.ADOPTED- any discount,rebate fission or refund for the purpose 'VIA'-ORDINANCE.NO. `24-01-f755 ON-OCTOBER-2,'2001; THE of securin t llisera ubefund f in the said AMENDMENT WOULD ALLOW.OTHER.-USES IN ADDITION TO , RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES;AND ne aper. PROVIDING FOR AN EFFECTIVE DATE.• All interested.parties are urged to attend.Objections or-expressions of approval may be made.in rs peon at the hearing or filed in writing prior to - Sworn to and subscribed before me this or at the hearing:•The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest 13 day of NOVEMBER A.D. 2009 for the area involved.Interested parties requesting information are asked to contact the Planning and�Zoning Department by calling 305-663-6326 orwriting 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, (SEAL) 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, MARIA MESA personally known to me 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: kD�� Notary public Slate of Florida 11/13 09-3-272/1347257M o Cheryl H.Marmef v�� _ My Commireion D0753490 °.F r Expires 0711 612012 2465 I THURSDAY,NOVEMBER 19,2009 R apt a . ! 4. SEAFOOD RESTAURANT Nothing goes better with breakfast than The Miami.Herald ,delivered. i s e NOTICE OF PUBLIC HEARING r 8399 50ii SOtYr 5 reef p' Isalssw � sth Sfreef t _CITY OF SOUTH NIIAiVII `Tef X30 233 7575 ' ; 4 Tef 3O5 72t t�S1I '�.��.� �`��° I 00 e 1 �' Planning and Zoning Department �r e;South Miami,Florida 33143 .1 f 61,30 Sunset Driy Phone:(305)663 6326;Fax#;(305)668 7356 I r On Tuesday; November 24, 2009-at 7 30 P.M, the-City 4- of South '--- - when-.you spend �z .Miami Planning Board will conduct public- hearings in the ;Crty 1 a" Commission Chambers at the above address on the following items $40..or mono LIMIT ONE PER TABLE. PB-09-028 -BY � ' MUST PRESENT THIS AD FOR 1 licaht.Paimcor Development Group LLC AN: DISCOUNT EVERYDAY ALL DAY I. App p P P `x'dr ...,.. Ilm r r 2 � .. g ... w ;•. , . Location:7630 SW 63'"Court i I iii i 'A RESOLUTION OF THE MAYOR&CITY_COMMISSION.AF THE_CITY OF SOUTH;.MIAMI', FLORIDA,;RE LATIN G'TO A REQUEST FOR A ? VARIANCE`FROM SECTION 20 3:5(E)OF THE LAND DEVELOPMENT CODE TO PER A NEW SINGLE FAMILY HOME TO BE BUILT-ON I A.-LOT WITH LOT FRONTAGE OF 32 9 EEET WHERE'A MINIMUM , 4 acs i Z5 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN:AN, one "RS=3" SINGLE-FAMILY RESIDENTIAL USE DISTRICT, LOCATED q11 Having problems with'you r house r'etwork7 AT 7630 SW 63 COURT;SOUTH MIAMI,FLORIDA,AND PROVIDING thr FOR AN EFFECTIVE DATE9. M( Afraid to loose some of your_priceless pictures and data due to a computer failure? PB-09 029 go Have you experienced the discomfort. your Applicant.city of south Miami sai- computer.falling when you need it the most? : A RESOLUTION OF THE MAYOR CITY.COMMISSION OF THE CITY dai i -OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT TO ar THE:SITE KLAN-FOR THE VALENCIA BUILDING LOCATED AT 6001 Ho � ) SW 70"STREET WHICH' WAS ADOPTED VIA ORDINANCE WE CAN. �;, .NO.24 01-.1755 ON OCTOBER 2,2001,THE AMENDMENT WOULD ALLOW OTHER USE •.SIN ADDITION TO RETAIL USES IN ;THE 10 alo DISCOUNT BY FIRST FLOOR COMMERCIAL SPACES, AND PROVIDING FOR AN SHOWING THIS AD t EFFECTIVE DATE AII,interested parties are rirged to attend Objections or expressions of approval mayb e.made in person at:the hearing or filed in wrrtmg prior to or at the hearing The Planning Board reserves the right to recommend to the C.ity,Commission whateverthe.board considers in the best interest forthe areainvolved Intere'sied parties-requesting information are asked to contact the Planning and Zoning Department by calking 305 663 6326 a or writing to the address:indicated above '8 1 .You are�.., hereby advised that rf any person desires to a PP eol any-decision made with'respect to any matter considered at this meeting or heanng 6 such person will need a record of 1heproceedings,and for such purpose may:need to.ensure thaf a verbatim record of the proceedings I§made still t z which record.includes the testimony and evidence upon.which the appeal e P is to be based(F.S.286.0105) Refer to hearing-nu b er when making TRA .. t� I any inquiry. the ® Q I I - - - - - - - �� 011£kilJ;IBl�Ai7al46;;: "•t6� ...,.• � .�. y �l ! i iii'��%�.; :i::+ u u pj��' �( ® - •.t /��y pp�ryy .•�,•• �:'t:ei�.�r::y:>•• ��r' ��7 $�1� , I! j 5r. 'c:M11,6 •$'.:•:::.vy"��'1•:' - :f B it 0 ntl►S17� H y■ n ;1 �g ® O' �S :}�•'� •:i�'� �f•'I• 4Cir]Yel® DIY AMP ON ffs Him tWBr� ►:ekymo�; s,�,....o e:e Moira=- Iwo J;l ► � •c11 -- -__.+�_ _�e�.�orrmm':�aa.e�6elw.au.�: _9!1!�C�.\\\�:�.�_ r 1, I I � E To: City of South Miami From: Commercial Unit Owners At 6001 SW 70th Street Please find the list of the most desirable type of businesses to be allowed/approved in that location: - Beauty Salon - Barber Shop - Flower Shop - Doctor's office (high demand/interest) - Ice cream shop - Coffee/tea Cafe - Massage and Holistic Service - Wine Cellar We would appreciate if you would treat our request seriously as it is stopping.us from operating and renting that type of businesses same time causing us a financial stress. Thanks. Natasha Leratti 305-968-1700 V Planning Board Meeting January 10, 2006 Page 2 of 8 Mr. O'Donniley informed the Board that the Planning Board meetin f February 14, 2006 would have to be escheduled to either February 15 or February 1 06. e" explained the reason for the dat hange is due to the City Elections being hi in the City Commission chambers. The Boa d staff discussed the two dates and ided on February 16, 2006 as the date for the PI g Board meeting. Board memb . Comendeiro indicated that he may have a conflict 'th the meeting date of Feb 16, 2006. Mr. O'Donniley let the Board know that at to rroW s City Commissi eeting a new appointment is being proposed to the Planning d and the Board ould anticipate the new board member serving on the Board. Chair Morton indicated he did no well and suggested deferring Items PB-05-022, (Historic Designation Shelley B and PB-05-24 (New LDC Chapter VII). Staff concurred with the suggestion e by air Morton. For item PB-05-022 Mr. Morton asked the applicant and his }mey if the bjected to having their item deferred till the next meeting. Applicant er counsel had bjection to the deferral. Motion: Ms. Yates ved to defer items PB-05-0 d PB-05-024 till the Planning Board meeting of nuary 31, 2006. Mr. Comendeiro nded the motion. Vote: Ayes Nays 0 Before b ng Item P13-05-29, City Attorney Boutsis re ded the Board that if any Board mbers have had any type of communication with plicant from tonight's agenda or any future applicant, the Board member much disclose this information. All Board members ac V. Planning Board Applications /Public Hearings PB-05-029 Applicant: Isidro Guillama Location: 6001 SW 70th 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 70`h 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 4 of 8 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 he City must uphold the conditions set forth by the ordinance. Jose Plazos Mr. Plazos indicated that converting the units from retail to office would not Supported the traffic flow negatively. He disclosed he is the realtor that sold the units to the applicant. Delores Flowers orted Mr. Flowers explained that she had bought three units in the building andpis 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 Planning Board Meeting January 10, 2006 Page 2 of 8 Mr. O'Donniley informed the Board that the Planning Board meetin f February 14, 2006 would have to be escheduled to either February 15 or February 1 06. He explained the reason for the dat hange is due to the City Elections being h in the City Commission chambers. The Bo nd staff discussed the two dates and ided on February 16, 2006 as the date for the PI ' g Board meeting. Board memb r. Comendeiro indicated that he may have a conflict 'th the meeting date of Feb 16, 2006. Mr. O'Donniley let the Board know that at to rrow's City Commissi meeting a new appointment is being proposed to the Planning d and the Board ould anticipate the new board member serving on the Board. Chair Morton indicated he did no well and suggested deferring Items PB-05-022, (Historic Designation Shelley Bu' and PB-05-24 (New LDC Chapter VII). Staff concurred with the suggestion 'e by air Morton. For item PB-05-022, Mr. Morton asked the applicant and his "rney if the bjected to having their item deferred till the next meeting. Applicant 'her counsel had bjection to the deferral. Motion: Ms. Yates ved to defer items PB-05-0 d PB-05-024 till the Planning Board meeting of_ uary 31,2006. Mr. Comendeiro nded the motion. Vote: Ayes :Nays 0 Before b ng Item PB-05-29, City Attorney Boutsis re ded the Board that if any Board mbers have had any type of communication with plicant from tonight's agenda or any future applicant, the Board member much disclose this information. All Board members ac OR V. 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 70'b 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: I) 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 4 of 8 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 he City must uphold the conditions set forth by the ordinance. Jose Plazos Mr. Plazos indicated that converting the units from retail to office would unotoaffect the traffic flow negatively. He disclosed he is the realtor that sold the units to the applicant. Delores Flowers orted Mr. Flowers explained that she had bought three units in the building andpiscontent 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 Planning Board Meeting January 10, 2006 • Page ) of 8 Mr. O'Donniley informed the Board that the Planning Board meetin f February 14, 2006 would have to be n to either February 15 or February 1 06. He explained the reason for the dat hange is due to the City Elections being h in the City Commission chambers. The Bo d staff discussed the two dates and ided on February 16, 2006 as the date for the PI ' g Board meeting. Board memb . Comendeiro indicated that he may have a conflict 'th the meeting date of Feb 16, 2006. Mr. O'Donniley let the Board know that at to rrow's City Commissi eeting a new appointment is being proposed to the Planning d and the Board ould anticipate the new board member serving on the Board. Chair Morton indicated he did no well and suggested deferring Items PB-05-022, (Historic Designation Shelley Bu' and PB-05-24 (New LDC Chapter VII). Staff concurred with the suggestion e by air Morton. For item PB-05-022, Mr. Morton asked the applicant and his `mey if the bjected to having their item deferred till the next meeting. Applicant `firer counsel had bjection to the deferral. Motion: Ms. Yates ved to defer items PB-05-0 nd PB-05-024 till the Planning Board meeting of uary 31, 2006. Mr. Comendeiro nded the motion. Vote: Ayes Nays 0 Before b ng Item PB-05-29, City Attorney Boutsis re ded the Board that if any Board mbers have had any type of communication with plicant from tonight's agenda or any future applicant, the Board member much disclose this information. All ;Board,members ac V. Planning Board Applications /Public Hearings PB-05-029 Applicant: Isidro Guillama Location: 6001 SW 70th 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 70'h 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 9 i 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-S) 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 4 of 8 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 David Tucker, Sr. SUPPORT/OPPOSE Oposed Mr. Tucker empathized with the applicant however; the applicant must reealize he City must uphold the conditions set forth by the ordinance. Jose Plazos Supported i 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 orted Mr. Flowers explained that she had bought three units in the building andpiscontent 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 Planning Board Meeting January 10, 2006 Page 2 of 8 Mr. O'Donniley informed the Board that the Planning Board meetin f FH br14, 6 would have to be escheduled to either February 15 or February 1 06. e explained the reason for the dat hange is due to the City Elections being h in the City Commission chambers. The Bo nd staff discussed the two dates and ided on February 16, 2006 as the date for the PI ' g Board meeting. Board memb r. Comendeiro indicated that he may have a conflict 'th the meeting date of Feb 16, 2006. Mr. O'Donniley let the Board know that at to rrow's City Commissi eeting a new appointment is being proposed to the Planning d and the Board ould anticipate the new board member serving on the Board. Chair Morton indicated he did no well and suggested deferring Items PB-05-022, (Historic Designation Shelley Bu' and PB-05-24 (New LDC Chapter VII). Staff concurred with the suggestion e by air Morton. For item PB-05-022, Mr. Morton asked the applicant and his 'rney if the bjected to having their item deferred till the next meeting. Applicant e er counsel had bjection to the deferral. Motion: Ms. Yates ved to defer items PB-05-0 d PB-05-024 till the Planning Board meeting of uary 31,2006. Mr. Comendeiro nded the motion. Vote: Ayes Nays 0 Before b ng Item PB-05-29, City Attorney Boutsis re ded the Board that if any Board mbers have had any type of communication with plicant from tonight's agenda or any future applicant, the Board member much disclose this information. All Board members ac avy V. 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 70'h 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 i 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-S) 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 4 of 8 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. Mr. Tucker empathized with the applicant however;the applicant must realize he City must uphold the conditions set forth by the ordinance. Jose Plazos Mr. Plazos indicated that converting the units from retail to office would not Supporte the traffic flow negatively. He disclosed he is the realtor that sold the units to the applicant. Delores Flowers orted Mr. Flowers explained that she had bought three units in the building andpis 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 Annroved Planning Board Meeting January 10, 2006 Page 2 of 8 Mr. O'Donniley informed the Board that the Planning Board meetin f February 14, 2006 would have to be escheduled to either February 15 or February 1 06. He explained the reason for the dat hange is due to the City Elections being h in the City Commission chambers. The Bo nd staff discussed the two dates and ided on February 16, 2006 as the date for the PI g Board meeting. Board memo r. Comendeiro indicated that he may have a conflict 'th the meeting date of Feb 16, 2006. Mr. O'Donniley let the Board know that at to rrow's City Commissi meeting a new appointment is being proposed to the Planning d and the Board ould anticipate the new board member serving on the Board. Chair Morton indicated he did no "well and suggested deferring Items PB-05-022, (Historic Designation Shelley Bu' and PB-05-24 (New LDC Chapter VII). Staff concurred with the suggestion e by air Morton. For item PB-05-022, Mr. Morton asked the applicant and his rney if the bjected to having their item deferred till the next meeting. Applicant er counsel had bjection to the deferral. Motion: Ms. Yates oved to defer items PB-05-0 d PB-05-024 till the Planning Board meeting of uary 31, 2006. Mr. Comendeiro nded the motion. Vote: Ayes Nays 0 Before be ng Item PB-05-29, City Attorney Boutsis re ded the Board that if any Board mbers have had any type of communication wit licant from tonight's agenda or any future applicant, the Board member much disclose this information. All Board members ac ii Till V. Planning Board Applications /Public Hearings PB-05-029 Applicant: Isidro Guillama Location: 6001 SW 70th 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 70`h 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-S) 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 I Planning Board Meeting January 10, 2006 Page 4 of 8 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. Oposed Mr. Tucker empathized with the applicant however; the applicant must reealize he 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 orted Mr. Flowers explained that she had bought three units in the building andpis 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 Planning Board Meeting January 10, 2006 Page 2 of 8 \ q v_ Mr. O'Donniley informed the Board that the Planning Board meetm f February 14, 2006 would have to be escheduled to either February 15 or February 1 106. He explained the reason for the dat hange is due to the City Elections being h in the City Commission chambers. The Boa nd staff discussed the two dates and ided on February 16, 2006 as the date for the PI 'ng Board meeting. Board memb . Comendeiro indicated that he may have a conflict 'th the meeting date of Feb 16, 2006. Mr. O'Donniley let the Board know that at to rrow's City Commissi eeting a new appointment is being proposed to the Planning d and the Board ould anticipate the new board member serving on the Board. Chair Morton indicated he did no well and suggested deferring Items PB-05-022, (Historic Designation Shelley Bu'. and PB-05-24 (New LDC Chapter VII). Staff concurred with the suggestion e by air Morton. For item PB-05-022, Mr. Morton asked the applicant and his rney if the bjected to having their item deferred till the next meeting. Applicant er counsel had bjection to the deferral. Motion: Ms. Yates ved to defer items PB-05-0 d PB-05-024 till the Planning Board meeting of uary 31, 2006. Mr. Comendeiro nded the motion. Vote: Ayes Nays 0 Before be .ng Item P13-05-29, City Attorney Boutsis re ded the Board that if any Board mbers have had any type of communication with plicant from tonight's agenda or any future applicant, the Board member much disclose this information. All Board members ac Planning Board Applications /Public Hearings PB-05-029 - Applicant: Isidro Guillama Location: 6001 SW 70th 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 70'h 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-S) 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 4 of 8 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 he 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 he 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 orted Mr. Flowers explained that she had bought three units in the building andpis 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 he 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 Ap roved