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01-18-07 SpecialCITY COMMISSION AGENDA Special Meeting Meeting date: January 18, 2007 Time: 6:30 PM Next Regular Meeting date: January 23, 2007 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before P . engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentations) (NONE) SPECIAL CITY COMMISSION 1 AGENDA - JANUARY 18, 2007 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: RESOLUTION PUBLIC HEARING 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT TO PERMIT SPECIAL EXCEPTIONS OF THE LDC: (1) TO ALLOW A TOTAL LOT COVERAGE OF 26,833 SQ FT WHICH EXCEEDS THE MAX 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50$ LOT COVERAGE ON SW 74" ST; (2) ALLOW A BUILDING TO EXCEED THE MAX PERMITTED BUILDING SQ FOOTAGE OF 20,000 SQ FT; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COT ALL FOR PROPERTY LOCATED AT 5966 -70 SO DIXIE HWY) (Deferred 12119106) (City Manager) 2. Adjournment THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. SPECIAL CITY COMMISSION 2 AGENDA - JANUARY 18, 2007 To: Via: From: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM South Miami All- AmedeaCky II 11.1 2001 The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Julian Perez, Planning Dire Date: January 18, 2006 ITEM No. I Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.811, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59"' COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Background: The applicant, 64 Development Corporation, is requesting approval to construct a mixed use building on property in the SR(HD -OV) zoning district. The vacant site contains 31,523 square feet and has sides facing three streets. The project proposed will be a mixed use (office / retail) four story building with an integrated parking structure. There will be 38,233 square feet of commercial office and 11,052 square feet of retail space. The parking areas will contain more than the minimum required 191 parking spaces. The applicant is requesting three special exceptions to modify regulations pertaining to lot coverage, building size, and location of curb cuts. Special exceptions requested: Lot Coverage The applicant is requesting a waiver to allow a lot coverage of 26,833 square feet which is 85% of the total site. The Hometown Overlay District `s regulating graphic plan (Sec.20 -7.9B) limits lot coverage to 60% on S. Dixie Highway and 50% on SW 70' Street. Maximum Sq.Ft. Per Building: The applicant's proposed structure contains 50,163 square feet of floor area and a ground floor of 26,833 square feet which exceeds Hometown Plan's 20,000 square feet maximum. Location of curb cut. The applicant's proposal shows dual access to the parking area from SW 74th Street and from SW 59thCourt. The parking provisions contained in the Hometown Overlay District regulating graphic plan (Sec.20- 7.11) mandate the location of curb cuts. The plan shows a permitted curb cut on SW 74th Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The applicant's third special exception is to permit the SW 59th Court curb cut. The granting of special exceptions require a finding by the City that seven criteria are applicable to the project. (Sec.20- 7.51). The Planning Department has compared the project to each of the seven criteria listed in the LDC, and has determined that the proposed development advances the economic development of the City and is 2 compatible with land use, density, and design criteria established for the Hometown District. Based upon this review the Planning Department determined that the proposed development supports the granting of special exceptions. Traffic Report: The applicant contracted with a consultant to prepare a traffic impact analysis for consideration prior to approval of the special exception. Attached is a copy of the study ( "5966 S. Dixie Highway - Traffic Impact Study") carried out by David Plummer & Associates. The report concludes on p.16 that all roadways adjacent to the project were found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is sufficient capacity for future volumes. The study also confirms that the driveway entrance to the parking levels off of SW 59t' Court will help minimize traffic from using neighborhood streets. Planning Board Action: The Planning Board at its November 29, 2006 meeting, after public hearing, adopted a motion by a vote of 4 ayes 2 nays (Ms. Beckman, Ms. Young) recommending approval with conditions of the special exception request. Recommendation: It is recommended that the City Commission approve the three requested special exceptions for 5966 -70 S. Dixie Highway with the following conditions: (1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program. (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. (3) The applicant provides additional landscaping on the S. Dixie Highway side if permitted by the Florida Department of Transportation. Backup Documentation: Draft Resolution Planning Department Staff Report 11/29/06 Planning Board Meeting Excerpt 11/29/06 Survey/ Plans Traffic Impact Study Public Notices J P /SAY P: \Comm Items\2007 \1- 18- 07 \PB -06 -032 Spec Excep 5966 S Dixie CM Report.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD• -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.811, 20- 7.10B, 20 -7.11 IN ORDER. TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 591h COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE ]DATE WHEREAS, the 64 Development Corporation has submitted Application No. PB -06 -033 requesting approval for three special exceptions necessary to construct a mixed use (office / retail) four story building on property located at 5966 -70 S. Dixie Highway within the SR(HD -OV) zoning district, said project to include 38,233 square feet of commercial office and 11,052 square feet of retail space and a total of 198 parking spaces; and WHEREAS, the applicant is requesting special exceptions for lot coverage, maximum building square footage, and curb cuts; and WHEREAS, a special exception request in the Hometown Overlay District requires the Planning Board's recommendation and approval by the City Commission; and WHEREAS, after review and consideration, the Planning Department recommended approval of the application with conditions ; and WHEREAS, at its November 29, 2006 meeting the Planning Board after public hearing voted 4 ayes 2 nays to recommend approval of the special exceptions with specific conditions; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the proposed construction of a mixed use (office / retail) four story building on property Tocated at 5966 -70 S. Dixie Highway advances the economic development of the City and is compatible with land use, density, and design criteria established for the Hometown District, as set forth in LDC Sec.20 -7.51, which includes seven criteria necessary for approving special exceptions: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (2) (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. Section 2. That the subject application requesting a special exception to allow an overall lot coverage of 85% of the total site which exceeds the lot coverage of 60% on S. Dixie Highway and thee 50% on SW 74 Street as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.9) is hereby approved subject to conditions set forth in Section 5 below. Section 3. That the subject application requesting a special exception to allow the placement of a curb cut/ driveway to be located on the SW 59t' Court side of the building which location is not designated on the Hometown Overlay District Regulating Graphic plan (Sec.20 -7.11) is hereby approved subject to conditions set forth in Section 5 below. Section 4. That the subject application requesting a special exception to allow the building area to exceed the Hometown Overlay District regulating graphic plan (Sec.20 -7.9; 20 -7.11) which limits ground floor building square footage to 20, 000 sq. ft. is hereby approved subject to conditions set forth in Section 5 below. Section 5 . The special exceptions set forth above as requested are approved subject to the following conditions: (1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program. (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (3) (3) The applicant provides additional landscaping on the S. Dixie Highway side if permitted by the Florida Department of Transportation. Section 6. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of ,2007. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MU Esr •: P:\Commltems\2006\12-19-06\PB-06-032 Special Exception Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner Birts Commissioner Beckman: SOUT4 O F � • INC ORPORATED • )?A 1927 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Ms. Lahiff, Ms. Young and Mr. Farfan. Board members absent: Ms. Yates City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Eve Boutsis (City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing PB -06 -032 Applicant: 64 Development Corp. Location: 5966 -70 South Dixie Highway A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.1OB, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT Planning Board Meeting November 29, 2006 Page 2 of 8 WHICH LOCATION IS NOT SHOWN ON THE ]HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE; DATE. Note: City Attorney Eve Boutsis asked all Board members if any of them have had any type of communication whether written or spoken that relates to this item. Ms. Beckman disclosed she visited the site and looked over the property and spoke to some adjourning business neighbors. Ms. Boutsis asked Ms. Beckman if she had any type of communication with the applicant or applicant's architect for the project. Ms. Beckman concurred she did not speak to anyone related to the applicant. Action: Mr. Farfan read the Resolution into the record. Mr. Youkilis presented the staff report to the Board. He explained that the applicant, 64 Corporation is requesting approval to construct a mixed use building on property in the SR (HD -OV) zoning district. The vacant site contains 31,523 square feet and has sides facing the three streets. He noted that the proposed project will be a mixed use four -story building with an office and retail component, with an integrated parking structure. The proposed project will be 38,233 square feet of commercial office and 11,052 square feet of retail space. Furthermore, the parking spaces will contain more than the minimum required 191 parking spaces. Mr. Youkilis indicated that the applicant is seeking three special exceptions to modify regulations pertaining to lot coverage, building size, and location of curb cuts. At this time, Mr. Youkilis provided a breakdown of the special exceptions being sought by the applicant. Lot Coverage The applicant is requesting a waiver to allow a lot coverage of 26,833 square feet which is 85% of the total site. The Hometown Overlay District `s regulating graphic plan (Sec.20 -7.9B) limits lot coverage to 60% on S. Dixie Highway and 50% on SW 74th Street. Maximum SoXt. Per Buildinz: The applicant's proposed structure contains 50,163 square feet of floor area and a ground floor of 26,833 square feet which exceeds Hometown Plan's 20,000 square feet maximum. Location of curb cut. The applicant's proposal shows dual access to the parking area from SW 74'h Street and from SW 59th Court. The parking provisions contained in the Hometown Overlay District regulating graphic plan (Sec.20 -7.11) mandate the location of curb cuts. The plan shows a permitted curb cut on SW 74th Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The applicant's third special exception is to permit the SW 591h Court curb cut. Furthermore, Mr. Youkilis provided the following; staff s observations: • The proposed development incorporating two major land uses is consistent with the objectives of the Hometown Overlay District Mixed Use standards specified in LDC Sec.20- 7.2(E). Planning Board Meeting November 29, 2006 Page 3 of 8 • The proposed development is consistent with the specifications set forth in LDC Sec. 20- 7.2(D): a height limit of 4 stories (56 feet); a non - residential floor area ratio of 1.59 ( maximum FAR permitted is 1.6); the retail ground floor area is more than the minimum 20% of the gross floor area. • The special exception for the proposed curb cut for the vehicle entrance on SW 59th Court is an appropriate request because it will become the only entrance and exit for vehicles to the upper or lower floors of the parking garage. The SW 74th Street entrance will be for parking on the first floor only there will be no access to the other levels of the garage. This will limit the number of vehicles entering and leaving the parking areas from SW 74th Street which is residential on the south side. • The Hometown Overlay District regulating graphic plan (Sec.20 -7.8 and Sec. 20- 7.10) mandates that lot coverage may not exceed the 60 % on S. Dixie Highway properties and 50% lot coverage on SW 74th Street properties. The special exception request is to allow an 85% overall lot coverage. This is a result of a building design which incorporates the required parking as an internal garage. The Zoning Task Force and the Planning Board have both recognized that the lot coverage issue is a deterrent to unified development projects and have included in the revised Land Development Code draft a provision increasing the Hometown Overlay District Regulating Plan lot coverage to "....80% maximum, if garage construction provides all required parkin 1r" • The Hometown Overlay District regulating graphic plan (Sec.20 -7.7 -Sec. 20 -7.11) mandates that all buildings be limited to 20,000 square feet. This concept to encourage a number of small buildings on each block runs counter to today's development patterns and construction costs and is a deterrent to multi -level mixed use development, a major objective of the; Hometown Plan. The applicant's request for a special exception / waiver of the 20,000 square feet building size is appropriate. The granting of special exceptions require a finding by the City that the below listed seven conditions are applicable to the project. (Sec.20- 7.51): 1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. 2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. 3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. Planning Board Meeting November 29, 2006 Page 4 of 8 4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. 5) The proposed development does not expand the permitted uses within the Hometown District. 6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. 7) The proposed development, when considered cumulatively with other development, both present and future, 'within the Hometown District, will not create excessive overcrowding or concentration of people or population. The applicant, in a letter dated October 9, 2006 (Compliance Criteria), provides their analysis as to how the proposed project complies with the City's special exception criteria. The Planning Department has compared the project to each of the above seven criteria listed in the LDC, and has determined that the proposed development advances the economic development of the City and is compatible with land use, density, and design criteria established for the Hometown District. Based upon this review the Planning Department finds that the proposed development supports the granting of special exceptions. TRAFFIC ANALYSIS Mr. Youkilis indicated that there was concern about the impact of traffic on the streets which contain exits and entrances to the development. The applicant contracted with a consultant to prepare a traffic impact analysis for consideration prior to approval of the special exception. Mr. Youkilis noted to the Board that attached was a copy of the study carried out by David Plummer and Associates titled "5966 S. Dixie Highway - Traffic Impact Study ". The report concludes on p.16 that. all roadways adjacent to the project were found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is sufficient capacity for future volumes. The study also confirms that the driveway entrance to the parking levels off of SW 59th Court will help minimize traffic from using neighborhood streets. Recommendation: Staff recommended that the Planning Board approve all three of the requested special exceptions for 5966 -70 S. Dixie Highway with the following conditions: 1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program. 2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this Planning Board Meeting November 29, 2006 Page 5 of 8 application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. Chairman Morton opened the public hearing. Present: Mr. Marcelo Fernandes, applicant /owner of property Mr. Roney J. Mateu A.I.A, Mateu Architecture Incorporated, Architect of record. Mr. Fernandes explained his company 64, Development Corporation is the applicant for this request and he is the rightful owner of the property. Mr. Fernandes addressed the Board and proceeded to clarify that all that is bring proposed is shown on the elevations. Furthermore, he stated that it was evident from the site plan that the site is very irregularly shaped with the nine sides and fronting three streets South Dixie highway, SW 59 Court, and SW 74 Street. Yet, even with this challenging site configuration the proposed development is designed to meet all of the Hometown District Overlay (HDO) ordinances except for lot coverage and building size which is the reason why he is requesting these special exceptions. In addition, he commented that design of the proposed project is compatible with the design criteria established for the Hometown District and with the overall image of the City. Mr. Fernandes expressed that the uniqueness of the design and quality of the materials will definitely make this building one of the flagship buildings of this city. He also noted that the project has been designed in a manner that provides effective management of traffic because access is available via all three streets along with an underground parking level. Finally, the building's 198 on -site parking spaces exceed the requirements needed. To conclude, Mr. Fernandes commented that the proposed project will have a favorable effect on the economy of City of South Miami. At this time, the architect Rony Mateu spoke on the design of the building. Mr. Mateu re- iterated Mr. Fernandes point stated earlier, in which the property is not your typical site because of its irregular shape. Mr. Mateu also pointed out to the Board that the project does comply with the greenspace ordinance because the applicant has submitted 11 % of open yard where a 10% is required but need a variance for lot coverage to 85% where 60% is allowed. Also, Mr. Mateu stated that the planned building would provide one level of underground parking. In conclusion, Mr. Mateu stated that the unique design will establish a new higher level of architecture standard to the city because this building will be iconic especially since the building will be situated along the highly visible boulevard of South Dixie Highway. At this time, the Board discussed the item. Ms. Beckman emphasized to the other Board members that the issue of increased traffic flow generated by the new development is a crucial issue since there is a daycare center around the corner. In addition, some Board members including Ms. Beckman wanted to assure that retail and office was the only component allowed in the development and not any type of medical office or restaurant be applied for due to the parking issues that would arise. Planning Board Meeting November 29, 2006 Page 6of8 Speakers: NAME ADDRESS SUPPORT /OPPOSE Stan Gents Supported Mr. Gents indicated he did not object to this well - designed project. He would like to see it in the city. Shirley Huebner Neutral Ms. Huebner applauded the design of the project. However, she did express concern in regards to the property owner's awareness form because the requirement of obtaining the 20% of the property owners around the subject property is not really addressing the issue of when one property owner owns several businesses in the surrounding area. Additionally, she wanted the Board to consider how the restaurant "New Chinatown Restaurant" was going to be impacted by this development. Lastly, she urged the Board to review the traffic report thoroughly because traffic is a serious issue because of the high flow of already existing traffic which will become a big concern for motorist once they have to enter and exit from South Dixie Highway. Cathy McCann Opposed Ms. McCann stated she opposes this request in which the applicant is asking lot coverage of 85% where 60% is allowed. She also addressed the Hometown Plan and expressed her opinion that the Hometown Plan is not doing what it was meant to do. She strongly urged for the Board to review the traffic impact study because as of now the traffic situation on South Dixie Highway is such that it is most of the time backed up with cars. Her greatest concern is that this building will generate more traffic due to the proposed office and retail stores that will be opened in the building. She vehemently opposed this project and all of the special exceptions being requested. Walter Harris Opposed Mr. Harris explained he is the owner along with his wife Eda of Harris photography. He stressed the fact that if the project is allowed to go through it will negatively impact his business because his studio is right next to the proposed development. Additionally, he opposed the request for the special exceptions because he knows that traffic tie -ups are already bad and that allowing a building will worsen the traffic situation on the very busy South Dixie Highway. Eda Harris Opposed Ms. Harris indicated that she is both a resident and business owner of Harris Photography in the City of South Miami. She spoke vehemently against the development of the building. She provided an experience in which she witnessed a vehicle come really close to a pedestrian walking his dog after leaving the nearby animal clinic, that experience left her very worried because the project would be built very close to US 1 leaving the possibility that if a motorist loses control of his or her car and drives into the sidewalk a pedestrian may be seriously injured. Lastly, she stated that the Hometown Plan appears to turning into a method to obtain exceptions because the applicant should be able to design the building with the requirements found in the Hometown Plan. Planning Board Meeting November 29, 2006 Page 7 of 8 James Black Neutral Mr. Black stated his office is across the street and he felt that the traffic impact study was very thorough in its analysis however, there is no doubt that a traffic problem exists on that very busy South Dixie highway. Therefore, he is concerned that this development will add to the already existing traffic problem that impacts the surrounding businesses. Once the traffic issue is addressed thoroughly the project should be allowed because having a vacant lot is not profitable. Dean Whitman Opposed Mr. Whitman urged the Board to review the design of the building because the building appears to look very different from the surrounding buildings. Beth Swartz Opposed Ms. Swartz stated to the Board the need to review the fagade of the building because the arcade comes out close to the busy highway of South Dixie Highway. Additionally, she emphasized that the tree canopy left has to be preserved and at the same time incorporate more canopy. Milo Lawson Opposed Mr. Lawson indicated that he is the manager of Sunset Apartments which is right across from the proposed new project. He stressed the possible parking problem that could arise due to new retail stores and offices being introduced into that area. Lastly, he stated he concurred with Ms. Huebner's comments made earlier pertaining to the traffic problems. George Andrews Supported Mr. Andrews explained he is the owner of Fox's, tavern located on South Dixie Highway. Furthermore, Mr. Andrews stated that he believed this was a refreshing project and saw no reason it should not go through. Especially since the patch of rocky, undeveloped land will continue to be an eyesore to residents and business surrounding the property. Chairman Morton closed the public hearing The Board resumed discussion on the request. Ms. Young expressed concern about the two entrances on SW 59 Court being sufficient to handle large volumes of traffic. Mr. Davis inquired if the design addresses a designated pick -up area for trash collection and if so, the area has to be large enough for a good size garbage truck. The architect, Mr. Mateu indicated that trash collection has been figured into the plans. Ms. Lahiff commented that to her the building appeared to come right out to the street. Ms. Lahiff recommended softening the effect by incorporating additionally landscape. Mr. Mateu replied that he would not have a problem with incorporating additional landscaping however, since South Dixie Highway is a federal highway and any proposed changes have to be authorized by Florida Department of Transportation (FDOT). Motion: Ms. Beckman made a motion recommending denial of the application. Motion died for lack of a second Planning Board Meeting November 29, 2006 Page 8 of 8 Motion: Mr. Farfan made a motion recommending approval of the special exception request with the following conditions: 1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program.] 2) In compliance with LDC Sec. 20 -7.51 (C: ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. 3) The applicant provides additional landscaping on the South Dixie Highway side if permitted by Florida Department of Transportation (FDOT). Ms. Lahiff seconded the motion. Vote: Ayes 4 Nays 2 (Ms. Beckman and Ms. Young) K: \PB \PB Minutes \2006 Minutes \PB MINS 11 -29 -06 Excerpt 06- 032.doc - , U U dpUlfflft! R HLU USSIP WIUI Y Uf or Nothing goes better with bre"st than The Miami Herald, delivered, 1-800-441-0444, 35RBR711 I BlueCross BlueShield ja 9 of Florida ne eitlepergeni Uee —.Nlh. Blue erase ewe Shield ASeocieYlon a� ,p�saw �ue �t COMMUNITY PARTNERSHIP FOR HOMELESS Saturclay, January 2.7, 2007 Register and help raise funds that will change the lives of others. Official events of the ING Miami Marathon® Weekend. For more information and registration, please visit INGMiamiMarathon.com For sponsorship opportunities, please contact Virginia del Pino at 305 -376 -4724 or vdelpino @miamiherald.com De,AiamIfflerattl I I ZNG4 ,:. i a,�rD s�ttfMAUTHOW' ADEM278 _yam �:V,Ahl Get the UM Advantage! 9 Math and verbal review 9 Small classes 21 Test -taking strategies 9 Expert instructors 21 Practice tests Ef Competitively priced Courses also available for: For a brochure, call PSAT, ACT, SAT II; and individual tutoring 305 -386 -4746 Code: SATIOO hsae'i Available 16 Hard To StopAftne." 13339 SW 88 Ave. Miami FL 33176 3 ®cJ- ��� -iZ6 ®® 0 0 Q 'a 0 Z 0 x a E W x E 0 V A N 3 E (D C7 t " 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 during a special City Commission meeting on Thursday, January 18, 2007, beginning at 6:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: !II A RESOLUTIOIN OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A - REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE 'rSR(HD -OV)" { SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20- 7.SB, 20- 7.108, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74" STREET, (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF I 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ' ON SW 59" COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN;. ALL FOR PROPERTY GENERALLY LOCATED AT 5966.70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning and Zoning Department Office at 305.663 -6326. ALL Interested parties are invited to attend and will be heard. . Marla M. Menendez, CIVIC City Clerk City of South Miami 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. k6SOLUTION NO. 182 -99 -10805 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF FROM SECTIONS 20 -7.98 THROUGH AND SECTION 20 -7.40 uD0V NW! STREETS" AND MO 3 cc 13- �Q„ LAfiFA,. � ,-- �- ���-- za- 1B- SE��- �I- �B -���� ��� ATJNG PLAN!-OF THE LAND DEVELOPMENT CODE FOR A MIXED USE DEVELOPMENT, PROPOSED ON TWO PARCELS B DIN LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP PROVIDING FORA UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT. OF WAY: PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF 59TH COURT AND SW 74TH STREET AND EXTENDING TO AND SPECIFICALLY T LY A = 5966 AND -5970 SOUTH DIXIE HIGHWAY AND ON PARCEL 2 LOCATED AT THE CORNER OF SOUTH WEST CORNER OF ,S.W.74T4- STREET "'`'T' �. DLAAM. SW 59TH PLACE AND SW 74TH STREET, SOUTH MIAMI, FLORIDA 33143. WHEREAS, Felix Pardo & Associates, Inc. Architects, on behalf of property owner, Rum Bum Distributors Inc. has submitted a revised letter of intent to build a 63,301 87,425 sq. ft. mixed use project within the Hometown District, and WHEREAS, the project includes two separate parcels, one specifically located at 5966 and 5970 South Dixie Highway(Site 1) and the other parcel (Site 2) located at the south west corner of S. W. 74th Street and 59th Place; and WHEREAS, the applicant is seeking a Special Exception 'to vary from the built: te , , s, maxifftcuft met eever-age, building _depth and epen yard req:uirement the regialating plan, ,...,,rsa nt t-e Sections 20 -7.-38 through 20 7.10 and 20 -7.13 of the South Miami Land Development Code; and - WHEREAS, staff recommends approval with conditions of the application for a Special Exception based upon (a) the merits of the application (b) consistency and complying with the spirit and the intent of the Hometown Plan and (c) consistency with the City's adopted Comprehensive Plan; and, WHEREAS, staff recommendation dated September 3, 1999 is made part of this resolution; and WHEREAS, on August 31 Pa-23, 1999, the Planning Board failed to make a recommendation and agreed to send the application to the City Commission without a recommendation; veted • ef the Speei a i t'==eept4 &R req,aest -and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Beard. _ Staff. NOW, THEREFORE, OF THE CITY OF SOUTH BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION MIAMI, FLORIDA: Section 1. For Site(parcel)l: That the following special exceptions are granted with conditions: 1-Deviate from the build to lines on Southwest 74 Street; from 10 feet to 0 feet. 2-Deviate- from the maximum lot coverage of 60 %, 20,000 square feet per building to 98.77 %, 39,047square feet. 3-Deviate from the maximum building depth of up to 70% plus the depth of an accessory building by permitting 1000 on 59t' Court . 4.Deviate from the required open yard space of 5% to approximately 0.80. A ee - Em e eptien fie- - deviate -- up --fie 0 feet - frem the tom"ild —te line aleng 74 Street (Seed , � 20 ��93); to deviate s. " cv-sa -e -Z— maicifathft let eeyei-aage 60 and a maximufft ef 20,00-G s g f t per- building en Site 1 az- d 50% and a ffim � 20,000 f� f3-�iirniT— ETr°zZ —Per building en Site 2 tE3 --u of 39,202 sgft -- (Seetle rs-20 7 9, 20-:2 1111 and 20 7.13),, t-e deviate frefft a ffta } iir'mn building d ep plus go f feet t —e-f errtbu -rrE git to a maximcuft of 100% )n Site 1; te — deviate frezcc epen yard ef--8% tennene —en Site 1, z Section 2. That the conditions for Site(parcel') 1 are as follows: 1. Setback building facade line (excluding vertical circulation elements), at the first floor level, along S.W. 74 Street and S.W. 59 Court by 10 feet. 2. Provide arcades, within the property line, on both of the street frontages. 3. Provide street trees on sidewalks along 74 Street and 59 Court Section 3. Site (parcel) 2: That no special exceptions are granted; that the overhead bridge is eliminated and a limited amount of retail is allowed at the first floor pursuant to the Comprehensive Plan Future Land Use Element. Section 4. That the following conditions are met for the project as a whole (a) The overall built up area to be limited to 58,000 square feet. The development will include a theater on Site 1, sixteen (16) residential units on Site 2, retail/ office uses on both Sites 1 and 2 and a parking structure on Site 1. The project to provide a total of 207 parking spaces; 184 spaces including 7 handicapped spaces in the parking structure, 16 surface parking plus 7 on- street parking. Fv (b) A shared parking reduction of u to 20% of - -- the - - -- unadjusted required parking of 251 spaces be granted. (c) In lieu of open space on Site 1 the developer is required to provide street trees along both sides of SW 74t Street from 61St Avenue to 59-t-.F Court to the extent possible and along the full frontage of the project sites. Additionally the developer is required to enhance the intersection of 74" Street and 5 9th Court with special pavers and landscaping to create an effect of traffic calming. The maximum amount of landscaping permitted by law, and acceptable to the ERPB, shall be provided along the U.S. 1 right -of -way and median at the front of the property. (d) The flat roofs are designed with white reflective surfaces in accordance with the Cool Communities guidelines and specifications. e) The theater is to be available for 200 of the time to the local community groups and organizations for functions and special events. A utilization plan acceptable to the City Manager, shall be submitted prior to the issuance of the final Certificate of Occupancy for the project. Section 5. The Staff report dated September 3, 1999 is hereby made a part of this resolution. Section 6. Unity of Title shall be established before the issuance of the first building permit. Section 7. The application and modified development plans-are incorporated into and relied on by the City in approving this resolution. Section 8 -Z. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ APPROVED AS TO FORM: CITY ATTORNEY (As amended — September 7, 1999) 7th day of September, 1999. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 4 -I Yea Yea Nay Yea Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: September 3, 1999 From: Charles D. Scurr Re: Agenda item to City Manager 5966 & 5970 S Dixie Hwy. Rum Bum Distributors, Inc. REQUEST A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. STAFF REPORT: Recommendation: This project was first presented to the Planning Board: on May 25, 1999 and was recommended for approval by the Board 5 -0. The project was placed on June 8 City Commission agenda but was deferred to June 28th meeting, due to the lateness of the hour and to respond to the community's desire to have additional time to study the project. At the meeting of June 28`h, a number of technical and procedural issues were raised resulting in a second deferral to July 6`h . At the July 6`h meeting, it was decided that the project be re- noticed and reviewed by the Planning Board before final consideration by the City Commission. A legal notice was published and mailed to all property owners within 500 feet of the subject project. Felix Pardo & Associates, Inc. Architects, on behalf of property owner Rum Bum Distributors, Inc., submitted a revised letter of intent and a set of plans on July 23, 1999. The 1 0� project was placed on the Planning Board agenda on August 10`x' . The Planning Board deferred the item to its next regularly scheduled meeting of August 31" for further review and consideration. The City Commission at the August 17th meeting deferred the item pending recommendation from the Planning Board. The Planning Board at its August 31St meeting failed to make a recommendation and agreed to send the application to the City Commission without a recommendation. The following recommendations incorporate comments made during the public meetings, community concerns expressed during this period and reflects further analysis and review of the project by the staff. Attached plans are revised based on the staff recommendations, which have been accepted by the developer. (1) Site 1: The staff recommends approval of the special exception requests on Site 1 subject to following conditions: ♦ Setback building fagade line (excluding vertical circulation elements), at the first floor level, along S.W. 74 Street and S.W. 59 Court by 10 feet. ♦ Provide arcades, within the property line, on both of the street frontages. ♦ Provide street trees on sidewalks along 74 Street and 59 Court (2) Site 2: The staff recommends the following: ♦ Eliminate the overhead bridge ♦ Remove all above grade parking ♦ Satisfy the lot coverage and open yard space requirements without any additional request for special exceptions ♦ Allow for limited amount of retail at the first floor pursuant to the Comprehensive Plan Future Land Use Element - (3) For the project as a whole: (a) The overall built up area to be limited to 58,000 square feet pursuant to the original application. The development will include a theater on Site 1, sixteen (16) residential units on Site 2, retail/ office uses on both Sites 1 and 2 and a parking structure on Site 1. The project to provide a total of 207 parking spaces; 184 spaces including 7 handicapped spaces in the parking structure, 16 surface parking plus 7 on- street parking. (b) A shared parking reduction of up to 20% of the unadjusted required parking of 251 spaces be granted to minimize the impact of the massing created by the parking requirement. The condition for such a reduction is that employee. parking be accommodated either on site or off site in order to eliminate impacting the adjacent residential area. Elimination of the above grade parking levels on Site 2 without any increase to the four levels of parking on Site 1 will result in about 20% parking reduction. A 20% reduction is justifiable and it is believed will not adversely impact the surrounding 2 re0,_. area because of the type of uses that are proposed for the project. The theater will generally be open only at certain times, especially when some of the retail is closed. The combination of residential and retail/ office will further help with the shared parking factor. Additionally, there are two other scenarios that can be considered for parking. If the parking incentives allowed by the code are granted to its fullest extent of 35% one full parking level can be reduced. This will reduce the massing of ' the parking structure to only three levels. This scenario will provide approximately 170 spaces, a reduction of 80 spaces or 32%. A second scenario will add an additional level of parking to provide up to 238 cars, a reduction of 12 spaces or 5 %. An additional level can be added to provide 5 levels ofparking without exceeding the allowable height but will increase the massing of the parking structure (c) In lieu of open s ace on Site 1 the developer is required to provide street trees along both sides of SW 74 Street from 61s` Avenue to 59`h Court to the extent possible and along the full frontage of the project sites. Additionally the developer is required to enhance the intersection of 74`h Street and 59`h Court with special pavers and landscaping to create an effect of traffic calming. (d) The flat roofs are designed with white reflective surfaces in accordance with the Cool Communities guidelines and specifications. (e) The theater is to be available for 20% of the time to the local community groups and organizations for functions and special events. Project Description: The applicant seeks a number of special exceptions for the proposed mixed -use project to be located on two parcels held under the same ownership and separated by a public right of way. The two parcels are proposed to be unified under a unity of title for the purposes of development. Both parcels are located within the Hometown District. The larger parcel, Sitel, 5966 and 5970 South Dixie Highway, is an irregular shaped parcel with an area of 31,473 sqft and is located at the north west comer of S.W.74`h and S.W.591h Ct. as identified by in the attached copy of the survey. The uniqueness of this parcel is further highlighted by its configuration resulting in a street frontage of 115 feet on US1 and a rear street frontage of 95.5 feet on S.W. 59 Court with S.W. 74 Street running partially along the side of Sitel. The smaller parcel, Site2, has an area of 11,039 sqft and is located at the south west corner of S.W.74`h Street and S.W.591h Place. The Comprehensive Plan allows for a combined maximum buildable area of 68,019 sqft. based on.an allowable Floor Area Ratio (FAR) of 1.6 with a maximum of 23 residential units and a four story height limitation. Both sites are required to meet the FAR of 1.6 independently. The revised application for project as submitted has a total area of 63,301 sqft and includes a theater, sixteen (16) residential units, retail/ office spaces and related parking structures to accommodate 246 spaces with 7 on -street parking spaces. 3 It is the intent of the developer to rebuild and reopen the abandoned Sunset Theater to provide an opportunity for community groups to hold cultural events or to show art films, and to make it available to small cultural groups as their permanent home. Arcades along the US 1 frontage provide the necessary width and appropriate setting for pre- and post - performance activities. The primary retail uses of the building are located at the third and fourth floors facing South Dixie Highway. The frontage along 74th Street and 59th Court on Site 1 provides for active street level activities, such as, newsstand, coffee shop and restaurant/ bar. The residential component of the project, located completely within Site 2, provides for infill residential units. The proposed developments on the two sites are physically connected by a two level overhead vehicular bridge, which also provides access to above grade parking levels on Site 2. The overhead bridge will require a separate ordinance to initiate the conveyance of air rights of public rights of way. Approval of the overhead bridge will be subject to a negotiation of the air rights conveyance to the satisfaction of the City Commission. It will also be incumbent upon the applicant to obtain all necessary City and County approvals to construct over the public right of way. The applicant will provide appropriate street trees along the sidewalks surrounding the project. The portion of the project that contains the residential component provides a narrow landscaped area at the ground floor and a landscaped rooftop courtyard at the apartment level. Other landscaping elements such as potted planters, landscaped trellises, and wall - hugging vines are to be installed throughout the project, in order to introduce colors and soften building surfaces. The following special exceptions are requested by the developer to accommodate the allowable building area and the necessary parking: Site 1 1. Deviate from the build to lines on Southwest 74 Street; from 10 feet to 0 feet. 2. Deviate from the maximum lot coverage of 60 %, 20,000 square feet per building to 98.77 %, 39,047square feet. 3. Deviate from the maximum building depth of up to 70% plus the depth of an accessory building by permitting 100% on 59th Court. 4. Deviate from the required open yard space of 5% to approximately 0.8 %. Site 2 1. Deviate from the maximum lot coverage of 50% to 95.66 %. 2. Deviate from the required open yard of 10% to approximately 4.33 %. 3. Deviate from the use schedule to provide above grade parking The Land Development Code specifies that construction in the Hometown District will follow those procedures established for the district or that the City Commission may, by special exception after a public hearing by the Planning Board, waive strict compliance of the District provisions. The Planning Board must find by substantial, competent evidence that: 4 (a) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations; (b) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations; (c) The proposed development must possess integrity of design compatible with design'criteria established for the Hometown District and with the overall image of the city; (d) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting., noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services; (e) The proposed development does not expand the permitted uses within the Hometown District; (f) The proposed development will not have an unfavorable effect on the economy of the City of South Miami; (g) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District;, will not create excessive overcrowding or undue concentration of population. Project Analysis: Staff's analysis of the project for consistency with the above criteria is as follows: (a) The. proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. The proposed development provides a broad mix of uses and creates a rich diversity of cultural, residential, and retail /restaurant uses. It contributes to, encourages the improvements of and catalyzes other developments as envisioned by -the Hometown District regulations. ° The project enhances the sense of place by placing pedestrian oriented activities, providing pedestrian related amenities such as arcades, awnings and sidewalks with street trees. Sunset Theater operated between mid 40's to mid 70's as a movie theater was the only movie theater in the City for a period of time in the 40's. Renovation of the Sunset Theater, which has a historical and emotional significance, is expected to create a community identity. ° The proposed development will help reduce commuter traffic demand of the area by providing a mix of uses including residential and locating uses such as news stand, coffee shop, restaurants and a live stage theater in the close proximity of the multifamily residential area. The proposed development provides the required parking spaces based on the code requirements before any of the Hometown District parking incentives is applied. Currently, it is the desire of the City Commission for each of the proposed developments to provide adequate parking for its own need while every project is reviewed individually to determine appropriateness for granting any incentive for parking reduction. The developer has the option of possibly requiring lesser number of special exceptions by providing a minimum number of onsite parking (approximately a total of 40 to 50 spaces on both sites) on surface lots and contribute; funds into the Hometown Parking Trust Fund. The developer has chosen not to exercise this option because the development can not be assured of an adequate supply of parking and staff believes that it will create harmful and adverse impacts on the surrounding residential areas. The parking infrastructure concept envisioned by the Hometown Plan is and remains the City's goal, however it is currently not in place to the extent needed for this development. Whether all or any or none of the parking incentives are granted, the development requires a parking structure. The dimensional requirements of a parking structure, the size and the configuration of the site make the requirements of the lot coverage, building depth and build to line unattainable. Graphic nature of the Hometown District Overlay Ordinance contemplates regularly shaped parcels and acknowledges, through designation of "Special Areas", that special rules may apply to lots with irregular geometry. (b) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. The proposed development is compatible with the land use intensities, except where request is made for special exceptions and development intensities prescribed by all applicable City regulations. All the proposed uses are allowed by the code and the development is within the prescribed FAR and the height limitations of four stories/ 56 feet. (c) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city. The proposed development has received a conceptual approval of the Environmental Review and Preservation Board. The development. will have to go through additional design athd landscaping reviews by the staff and the Environmental Review Board. The staff feels that the appropriateness of the scale and the architectural treatment of the bridge, which create a "landmark" effect for the Hometown District, are of extreme importance to the pedestrian character and to the architectural vocabulary and should be reviewed carefully. The overhead bridge will allow for above grade pedestrian movement while Hometown Plan emphasizes street level pedestrian movement. The overhead bridge also sets precedent for future projects. The parking component is an "un- pedestrian" but a necessary element. The essence of the Hometown Plan requires that parking structures be hidden so as not to create building facades that are void of human activities. While this requirement becomes unattainable in this particular case due to reasons discussed earlier, significant attempts have been made to camouflage the parking from public view. The parking at the street level has been wrapped with uses that create walkable streets, while the upper levels of parking have been treated architecturally to provide a non - parking garage look. (d) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services. 6 x The developer has completed the concurrency evaluation for traffic. The evaluation indicates that there are adequate roadway capacities to support the development. The existing right -of- way along S.W. 59 Court is currently below the minimum prescribed width. The proposed development will be required to dedicate 5 -feet along 59 Court at the time a building permit is requested. The development does not create any significant impact on the City's inventory of open space based on the permanent population generated by the development. With the additional recent acquisition of open spaces, the City currently meets the requirements for open space. The developer has obtained Sewer Capacity Certification from Miami Dade County Department of Environmental Resources Management (DERM). Solid waste generated by the development is contained within the. site. All storm drainage related comments by Public Works have been forwarded to the developer, who is responsible for compliance with South Florida Building Code standards for on and off site storm drainage. Other County concurrency requirements and impact fees for items. such as fire, water, schools will have to be satisfied by the developer during the permitting process. (e) The proposed development does not expand the permitted uses within the Hometown District. All the uses proposed are permitted within the Hometown District. (f) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. Due to the under utilization and the present condition of the property, the proposed development will substantially increase the tax base generated by the property. The development will improve the economic health of the City by creating infll residential units and providing opportunities for expending disposable income by introducing cultural and retail elements. (g) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. The development is within the prescribed regulations for development density, height and use. The suggested mix of uses of the development will not create excessive overcrowding or undue concentration of population that is beyond what is envisioned within the Hometown District. Staff generally finds the requests for Special Exception meet the intent of the Hometown District Overlay Ordinance and the requirements set forth in the Land Development Regulations for granting such exceptions. The development: (a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and (c) Complies with all other applicable Code provisions. The staff also finds that the requests for special exception do not conflict with the adopted Comprehensive Plan of the City of South Miami. The development furthers many of the goals of 7. j the Future Land Use Element of the City's adopted comprehensive plan, including, to preserve and enhance the City's small town character, to preserve and enhance the pedestrian character by encouraging development as envisioned by the Hometown Plan and to achieve a tax base adequate to support a high level of municipal services via increased mixed use projects. Attachments: Letter of Intent dated 22July, 1999 Concurrency evaluation of Traffic/ updated September 3, 1999 Sewer Capacity Certification Minutes of May 25, August 10 and 31 1999 Planning Board meetings Copy of the Legal and Courtesy Notices Property Survey Reduced site plan, Elevations and floor plans. 01\Planning\ City Commission Rum Bum 08 07 99 Staff report.doc 8 Felix Alardo, & Associates, Inc. Architecture Planning Interiors 5455 S.W. 8 Street, Suite 205 Miami, Florida 33134 AA0002478 22 July 1999 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: Mr. John Little, Assistant Planning and Zoning Director i4 Re: Proposed Commercial Development for Rum Bum Distributors, Inc. 5966 South Dixie Highway, South Miami, FL Project No.: 9830 Dear Mr. Little, Please accept the following amended letter of intent for the above- mentioned project. LS Although the ordinance is a good plan we respectfully request the following exceptions due to the fact that some of these concerns were not anticipated at the time the ordinance was adopted. The Building Configuration as depicted on the site plans on the hometown manual is only a small sampling of design possibilities and not a "paint by numbers" manual. This project requires the following special exceptions that are attributed to the implementation of the Hometown District Ordinance. 1) Open Yard Space: Parcel 1 provides 0.85 % Vs 5 % required. Parcel 2 provides 4.33% Vs 10% required. Because of the use of arcades in the project, landscaping can not be provided at the perimeter of the building because of the uniqueness of the site being bordered by three streets. Furthermore, because of the off - street parking, we can not provide parking in a reasonable manner. Additionally, landscaping which is proposed in the public right of way does not allow for any credit toward the requirement. Finally, landscaping that is above the grade level and landscaping under any overhang does not count toward this open space. 2) Build to Liner In this particular unique site the build to line is arbitrary and therefore does not provide a consistency within this particular unique property. These build to lines are better thought out in non -vacant parcels and closer to the core of the business district. r 3) Lot Coverage: Parce. _provides 99.15 % Vs 60 % allowed�rce12 provides 95.66 % Vs 50 % allowed. Again, because of the uniqueness of the Parcel l .site, r the. use of the. arcades does not allow counting said area to unencumbered area. The off - street parking required does not allow for a smaller footprint of building. 4) Twenty thousand square feet maximum per building only for Parcel 1 Vs 31,207 sq. ft. provided: The existing ownership and uniqueness of this property exceeds this amount do to the fact of the required off-street parking footprint. The existing theatre footprint covers 1/3 of the maximum, allowed already. 5) Building Depth of 70 % maximum Vs 100 % on 59 Court for Parcel 1 only: The uniqueness of the shape of the property and three streets it borders make this requirement along with the required off street parking an unreasonable burden_ 6) Parking levels above grade in Parcel 2 Vs Residential Uses only: .We believe that parking is not a use by itself and that parking is required in order to meet the Ordinance requirements for storage of vehicles. It should not be considered retail, office or residential. If not, only surface parking would be allowed in residential areas. Furthermore, the majority of the parking is for the residential uses although retail and office is allowed on the ground floor. As described above, parking is a key component to this project. The Parking Trust Fund was created in order to provide a parking alternative for those projects that could not meet said requirements. But, our project is not near a completed facility to provide the needs of our project. In theory this is great but. what is the parking situation today for our project? Our project is unduly penalized to make a reasonable use of the property. Furthermore, the City Commission incased an ordinance suspending the parking bonuses provision of the Ordinance. We are entitled to a 35 %bonus. This adds to the requirement problems, which in turn make many of the special exceptions required. Furthermore, although not a special exception, both parcels 1 and shall be joined by,a unity of title before the issuance of a building permit. We also understand that a separate approval by the City Commission for the air rights in order to build the vehicular / pedestrian bridge. " This project complies with all aspects with the Hometown District Overlay Ordinance. Its integrity of design, promotes and encourages the improvement of the Hometown District and abets future Hometown District development. This project is compatible with the land uses and the permitted uses according to the Hometown Plan as well as having a favorable effect on the economy of the City of South Miami. In addition, this project complies with Concurrency as set by the Hometown District Overlay Ordinance. Please see attached letter concerning concurrency for traffic studies by Miller Consulting Inc. and attached allocation letter concerning concurrency for water and sewer by Environmental Resources Management. Furthermore, this project o_ cs a tremendously rich diversity of us _', with a cultural element not previously seen in the City of South MiamL -The project is sensitive to the — - - human scale and promotes pedestrian movement through covered arcades. It exceeds the parking requirements without the look of a parking garage. This project promotes a working, living, shopping, entertaining and cultural environment which is truly urban and in keeping with the spirit of the Hometown District. Finally, in granting these special exceptions, this project will be a catalyst for an area that is run down and void of these positive elements for the City. The historic context of the old theater will be revived and the positive financial benefits will not be limited to this development but will affect other properties in a positive manner. Once again, thank you for your cooperation and consideration of this matter. , CSI cc 1W. Luis Bacardi, Rum Bum Distributors file s- ` 455 Fairway Drive, site 103 Deerfield Beach, In c. Telephone: (954) 427 -675 project development, engineering, !raft, economic and finance. Faaimile: (954) 427-1815 E- Mail.• millerco @gate.net http://www.mi&r-m nsulting. com August 30, 1999 Luis Bacardi President Rum -Bum Distributors, Inc. 5966 South Dixie Highway South Miami, Florida 33143 Re: Multi -Use Development City of South Miami Dear Mr. Bacardi: MILLER CONSULTING, INC. has performed a traffic concurrency analysis for a proposed multi -use development planned to be located on SW 74" Street and generally bounded by Dixie Highway to the northwest and SW 591 Court / Place to the east in the City of South Miami. Figure 1 shows the location of the site and its relationship to the immediate transportation network. The concurrency analysis was prepared using the information contained in the City's Land Development Code, Comprehensive Plan, and Miami -Dade County concurrency management system. The following is a summary of the report's findings. INVENTORY The existing site contains the following land uses: ❑ 5,180 square -foot boat repair / sales store _ ❑ 4,250 square feet of retail (flower shop) The proposed site plan for this location consists of the following retail, office, and residential land uses: ❑ A small theater (7,923 square feet) with seating capacity for 150 people. ❑ An 8,832 square -foot restaurant. ❑ A 2,800 square -foot micro brewery. ❑ 20,261 square feet of retail area. ❑ 4,032 square feet of office space. ❑ Six townhomes. ❑ 10 apartments. Given the small -scale and specialty nature of the restaurant, micro brewery and theater and their inter - relationship with the remaining retail development (cafe, coffee shop, newstand) these land uses were treated as retail development as well. Even though the theater is anticipated to generate minimal trips W: \Word Prefect \Projects\Pvtaea\Rum BwiVtepon.08.30rn,isederpd - - - - - "creating value for. our clients with ingenuity, creativity and excellence" G /-N t 1 ■ 'I 7/ 1 I A it r 1 f 11 f 1 IN 'U O tX � a o�ro 5 Sunset Drive SW 72nd Street SW 73rd Street Cn SW 74th Street a� U (0 ii L U LO m � N UO 3 Figure I Site Location Proposed Commercial Building Map _ ___ _ South Miami. Florida _ __- kd��vi uutr to uie imiituie or i (- - 'sporiation tngmeers, a theater generatf "" pproximately 40 percent Jess traffic than a retail use of b..ailar size), the theater was treated as retail space in order to assess - -- -= impacts with a conservative approach. This yields a total retail development area of 39,816 square feet. EXISTING CONDITIONS The existing transportation network located in the vicinity oftheproject includes three major roadways and two minor strcets. The threc major roadways include US 1 (South Dixie Highway), SW 72nd Street (Sunset Drive), and SW 57' Avenue (Red road). According to Miami -Dade County Concurrency Management System, there are five (5) concurrency stations in the vicinity of the project site, as illustrated in Figure 2. The available capacities on the five concurrency stations are documented in Table 1. The available capacities shown in Table 1 are based on the lowest of the capacities published by the City of South Miami and Miami -Dade County. Furthermore, these available capacities reflect existing traffic as well ds traffic associated with approved developments, as of May 1999, but not yet built and/or fully operational TRIP GENERATION The trip generation for the project was determined using the trip generation formulas published in the Institute of Transportation Engineer's (ITE) Trip Generation Manual (6`'' edition). The daily and PM peak hour trip generation formulas used for the proposed retailloffice /residential development, as obtained from ITE, are documented below: RETAIL (ITE LAND USE 820) O Daily Trip Generation: Ln (T) = 0.643Ln (x) +5.866 D PM Peak Hour Trip Generation: Ln(T) = 0.660Ln (x) +3.403 I Reflects the available capacity consumed by the recently approved office /retail development to be located on the southeast corner of SW 73nd Street and SW 571 Court as well as the office/retail development to be constructed at 5920 South Dixie Highway. W- Wun11' ed�at�ProjaatAt- sc�tVWnrSumlkpoRA8JOrc+i.ai.�md Page 3 of 8 N SW 72nd Street Figure 2 Concurrency .Stations Proposed commercial Building South Miami, Florida -- -_ ~ ❑ Daily Trip Generation: Ln(T) = 0.768Ln (x) + 3.654 ❑ PM Peak Hour Trip Generation: Based on ratio between average PM peak hour rate and average daily rate, as documented in the ITE Trip Generation Manual. RESIDENTIAL — TOWNHOUSE (ITE LAND USE 230) ❑ Daily Trip Generation: Ln(T) = 0.850I.n (x) + 2.564 ❑ PM Peak Hour Trip Generation: Ln(T) = 0.827Ln (x) + 0.309 RESIDENTIAL — APARTMENT (ITE LAND USE 220) ❑ Daily Trip Generation: Average Rate = 6.63 trips / dwelling unit ❑ PM Peak Hour Trip Generation: Average Rate = 0.62 trips / dwelling unit Table 2 summarizes the trip generation for the project. As indicated in Table 2, the project is anticipated to generate approximately 4,010 daily trips and 369 PM peak hour trips. ABLE TRIP.GENERATION SUMMARY :CITY OF SOUTH MJAMI ;MULTI -USE DEVEiQPNIEN:T Daily Trip Generation Land Use Size Daily Trips Retail Office Townhouse Apartment 39,816 sq. ft 4,032 sq. ft. 6 Dwelling Units 10 Dwelling Units 3,771 113 60 66 Total 4,010 Passer -by -1,885 Internal -24 Net External 2,101 PM Peak Hour Land Use Size Daily Trips Retail Office Townhouse Apartment 39,816 sq. ft. 4,032 sq. ft. 6 Dwelling Units 10 Dwelling Units 342 15 6 6 Total 369 Passer -by -171 Internal -3 Net External 195 Source: Institute of Transportation Engineers (ITE) Manual (6" edition) WAWnnl Page 5 of 8 The Institute of Transportation Engineers (ITE) indicates that not all of the traffic generated by retail land uses are new trips to the area transportation network. ITE recognizes that a certain percentage of the total generated traffic is already traveling on the adjacent roadways. These trips are known as passer- by.trips. The percent of passer -by traffic for retail land uses is based on the following formula published in the Trip Generation Manual (5' Edition): Ln (Pass -by) _ — 0.341 Ln (x) + 5.376 Using the above equation, the percent passer -by traffic: applicable to the proposed 39,816 square feet of retail space is approximately 61 percent. In order to assess impacts with a conservative approach, we have assumed that only 50 percent of the trips generated by the retail development are passer -by trips. INTERNAL CAPTURE Since the proposed project is a mixed -use development, including three primary land uses (retail, office and residential), some of the total trips generated by the development will be internal to the project. Most of the theater - related trips are anticipated to be internal trips. However, in order to be conservative, only five percent of the office and residential trips and 0.3 percent of the retail trips were assumed to be internal trips. EXTERNAL TRIPS Using the passerby and internal capture assumptions documented above, the new external daily and PM peak hour trips generated by the subject project are 2,101 and 195 respectively. TRIP DISTRIBUTION The trip distribution for the project was based on Dade County's Cardinal Distribution information for the study area. Table 3 summarizes the County's cardinal distribution data for traffic zone 915, which is applicable to the subject project. " WAW—d Pcrfnl�Pmjety �lFaa Y' tVtum- BumUlepon.08.30m•i�ed.��pd Page 6 Of 8 TRAFFIC ASSIGNMENT The project traffic distribution shown in Table 3 was assigned to the existing roadway network as follows: ❑ 40% to US 1 north of Sunset Drive ❑ 15% to Red Road north of Sunset Drive ❑ 12% to Sunset Drive west of US 1 ❑ 25% to US 1 south of SW 74" Street ❑ 8% to Sunset Drive east of Red Road The project traffic assignment outlined above was combined with the concurrency information documented in Table 1 to develop a future conditions concurrency evaluation for the subject project. The future conditions concurrency evaluation is summarized in Table 4. As indicated in the table, the transportation network located in the vicinity of the project has sufficient capacity to absorb the impacts generated by the proposed retail/office /residential development. WAWord Page 7 of 8 - ;; �.. .`. _ :: -., ,• fit` .'FLj'Ft�R� C(>i!TGt1RRL�t4"iF EY��UATIE?N. CiT1t QF OWN" hiU.'l�SS��LU�#[!'f Previous Peak Project Station No. Location Hour Available Traffic Capacity 164 US 1 south of Sunset Drive 2,513 49 127 US 1 north of Sunset Drive 3,220 78 70 . Sunset Drive west of US 1 79 23 656 Sunset. Drive east of Red Road 761 16 634 Red Road north of Sunset Drive 1,640 29 7urce: Miami -Dade County, City of South Miami Comprehensive Flan, and Miller Consulting, Inc. Based upon the forcgoing concurrency analysis, it is evident that existing capacity is adequate on US 1, Sunset Drive and Red Road per standards adopted by the City of South Miami, in compliance with the requirements of Florida Statutes and the Department of Community Affairs. Please call me if you have any questions. V truly yours, 111er Consulting, 166. t aqui Vargas, P.E. ice P e ident w:\Word Page 8 of 8 germ � :,�y7 v�Ll 111 -lytSL 3 &Z Proc ,# ... ,,lio...09- 4036 -029 -0090 applicant ;ontact Name..MR FELIX PARDO .ompany Name..FELIX PARDO & ASSOCIATES,INC ►ddress ....... 5455 SW 8 ST .......... MIAMI Celephone Number.....305- 445 -4555 De= Proc No.. _ Date.....05 /21/199 State..FL Zip--33134- Fax Number .... 305- 445 -7006 ? roject Background ?roj Name..COMMERCIAL BLDG.- RUM -BUM DISTRIBU Is it a public facility (y /N), kddr ....... 5966 S DIXIE HWY NNI (Y /N)..N DIC :ity ....... SOUTH MIAMI S. E. Number if any.. ;tate ...... FL Zip.. - itility Information Pump Station Recv..30 -0177 :,ateral Connection (NEW/EXT) ... EXT Point of Connection PROPERTY RIGHT OF WAY *Building official .... 30 MIAMI DADE WATER & SEWER DEPARTMENT Sewers Abutting Prop. (YIN) ....... y Project Details cumber and Type of Units..6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL Previous Use........ :onstr. Schedule..as 6 townhouse 10 apartment 8832 sf brewery 20261 sf .retail ...:4339 SQFT RETAIL soon as possible = 1500 gpd \ 4032 sf office = 403 gpd = 2000 gpd \theater 217 people = 651 gpd = 4416 gpd = 1013 gpd ((Prop flow 9,983 gpd) -(Prev Flow 217 gpd)= 9,766 gpd Prop In (DEAL gpd) + (Alloc Flow 9,766 gpd) + (CO gpd) = 9,766 Estimated Completion Date... 12/01/1999 Application Status .... CERT2 -------------------------------------------------------------------------- - - - - -- This section is for issuing letters - - - Certified Letter Issue Date .... 05/21/1999- Issued by .... TOLEDO 90 -day Expiration date ........... 08/19 /1999 Recert Letter Issue Date ....... / / Recert 90 -day Expiration Date.... / / }----------------------------------- - - - - -- ----------------------------------- Improvements for the following pump stations must be completed before CO /CC: Station Number Rec (R), Up (U) Signature Date or Down (D) _ f / ' / I t------ - - - - -- ----------------------------- .- �-------------- - - - - -- --- - - - - -- Signature..TOLEDO_O Sign Date..05 /21/1999 16:20:35:24 SOLD /S <S >ewer Cert Letters GOLD /C Station <C >omments GOLD /L Plan <L >ot 30LD /K Legal Trac <k >ing GOLD /Y Station Monthl <y> Info ESC /A Print Label SOLD /G Codes & Cate <g >ories GOLD /H Create Paragrap <h >s MLA. .,ADE COUNTY. FLORIDA M1 A fhAi METRO -DADS FLAGLER BMMIG May 21, 1999 Mr. Felix Pardo Felix Pardo & Associates 5455 SW 81s Street, Suite 205 Miami, FL 33134 Ref: Permanent occupancy of public property Dear Mr. Pardo: SUILDLNG CODE COMPLUNCE OFWg . MMO -DARE FLAMER DUUDIko 140 WEST FLAMM bS'2R$FT, SUITS 1663 MMMt. FLORIDA 33130 -1563 (303) 373 -2901 FAX (305) 375 -2908 PRODUCT CONTROL DrVIMON, (303) 37S 29(x2 FAX (30S) 37x•6339 VIA: TELEFAX This is in response to your May 21, 1999 telefax on the above referenced issue. The South Florida Building Code (SFBC) Section 3303 PERMANENT OCCUPANCY OF PUBLIC PROPERTY regulates your issue. Although Subsection 3303.1 GENERAL: states that "ihe permanent use or occupancy of public property shall bo prohibited except as provided in this section", there are exceptions with conditions, for s:3ns; awnings; marquees; pipes and service equipment; architectural ornasncrvtation and other projections; and foundations. If your condition is contemplated in any of the aforesaid exemptions, the use could be allowed under the South Florida Building Code if also compliant with: other applicable regulatiors-. Feel free to contact me if you ltaYe any rarther questions on this matter. Very *Wily yours, Th..odart Berman, P.E. Deputy Director C:%My I)ocarneeUMM221b Fd x Pardo yr**t;ooz ILWAO .. .....:....:..:____..,,,.i:... t'� Homeossc: htta:/ /WWW.bUU4ingcodeonliae.cuu3 MIAMI DAILY BUSINESS REVIEW PLOlished Dairy except Saturday. Sunday end Legal Holidays miami. Owe County, Florida. STATE OF FLORIDA COUNTY OF DADS: before the undersigned authority personally appeared Octetma Y. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices or the Miami Dally suslntsa Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Hoildays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement- being ��Oo M manar of ITYOFSUTH MI AMI PUBLIC HEARING — 8/17/99 A RESOLUTION RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTIONS 20 -7.8r ETC. inthe..... __.._......XXXXX .. ....... .. ..... _ ....................... court, W S published Ili �Id 09wapOptr in the loves of Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in sold Dade County, Florlde, and that 94 said newspaper N23 heretofore been continuously published In said Dade County, Flo"". each day (except Saturday, Sunday and Legal holidays) and has been entered 83 second class mall matter at the post office In FAaml In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of edvtrUsemant; and afnant further Gaya that she 1123 neither paid not promised sny pe ffn or corporsoon any d , rebels, canml rehtn for the purpose or secu g this advert, t public tion In the said news 6 Sir)', , LAsubscribed before me 6 aciTY of :P* I' UTAUJ .. 1i0Y�CE OF OunLiC. H44141MG - NOTICE IS i•IEREBY plven thil tlw City CommIM10.91 the City 01 South Miami, .F#da wilt 00muct a. publid HeaArs during Its regular: City Coittmtssiori nteoUrtg Qn Tuesday, Augutit 17, 1989. b*9 nniny at 7:30 p.m.; in the City. Conx+usd In Chambers; 6130 Sunset DAve.; to ponslder. A RESOLUTION OF. THE MAYOR AND CITY COMMISSION OF TiqE A REOUESTM OR SPECIAL EXCEPTIONS OF OF SETCTION$ 20}7.8 TtIP10UGH SECTION • 20-7.13 OF. THE • LANO DE , VELOPMEkT OD F4A A M0(ED -uSE DEVELOPMENT.: PROPOSED ON.Tvi'o PARCELS LOCATED 1N THE NOME T "0I.4TRICT fielb UNDER A COMMON OW &R3F01 PROVIOING FOR A UNITY 6F.TRLE FOFj THE.PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATEO BY A': powr, f t,t; W OF WAY; PARCEL ) lS. LO :ATED AT THE NORTH W9ST A OF S,VtP. 5or COt1RT AND FLVv 74TH .STREET AHD p(TENDING TO 5006 -6974 SOUTl� pIXIE H1GiiWAY� .AND: PARCEL 2: 40CATED AT THE SOUTH VfEST CORNER OF 5" PLACE /WD &W. 74TH STREET. W14 MIAMI, FLORIDA 33t43: OhA Wa.itam t #iov!d be ffnbr 10 tits Ptar+ni!t9 ALL Interested paroles am invited to 90" and will be MaN.,: ='•, CMO . FcSoutn Miami . Pursuant to Florida Statutes 286.0105. the City 114IMPy li"ii* the public that if a person doodn to APP•!) any Qedsion made by this 90ard. Agency or ComMsabn with respect io any matter Considered ... at Its maeling or heaRrtp. he of atie will. rood a r>�td of the'060 ed• . Ings. and that for such purpose, affeCGad perlidn M3Y� need to Ortsur9 . that a verbat,m.mcord or the *c"an9srIs ffi fhb 11050* �l�ts�to`bo ' dud" the testimony ,snd eY�P� . Pan . ate W34WG75M ....... day ol ................................ ........ ............ A.D. 19...... `I OY AGe 0"ICIAL NOTARY SELL (SEAL) o k, CHERYL H MARMelit t •� O COwtisiON NtAtS6R Opralms V. Ferbeym personalty ki awn t • C C S f S3 E Y� f°' 1fY C0111MIS6lpp EXPIRES OF FtO APR. 12.2000 T0'd BV5:9299902 IwtoIW HiLnos to kiI•o Wd 'St,:ZT I= 66— £0 —d35 0 -` COUMSY& to(MYivarlCE t� .` CITY OF 'S MIAMI Planning and Zoning Department .. On Tuesday. August 10. 1999. at 7:30 P.M. the CltY of South Miami Planning Board will conduct a Public He ' Commission Chambers at the above address on the following:8 in the A request for Special Exceptions from applicable Sections 2 -7.8 through 20 -7.13 of the Land Develo went mixed use development" in the Hometown District., The mixed -use development is located on two Code for a common ownership, providing for unity a of title for the purposes of development of the•iwo sites separated by der public- righi =of way and is seeking special exception to deviate from requirements of lot coveiage and 20,000 by f building footprint, open yard space, building depth, build to line and parking at above grade levels, The s9ft of located at the north west comer of S -W. 50th Court: and S.W. 74th Street and extending to 5966.5970 South 11 is, Highway and parcel 2 located at the southwest corner of S.W. 59th Place and S.W.•74th Street. south pbde 33143. �. Florida For more information regarding this application or any matter, please call (305) 6653 -6326. All interested parties are urged to attend. Objections or expressions of approval maybe made in person at the hearing f 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 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 (ES. 286.0105) hearing number when making any inquiry. L oGY fort V 147734. IVE'S {����i��i; jai SbL ist. AWL J-1 IN - A-t 141. Al - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - Atli �) . , � � ), sa, ( -' f ■dti 4 o - i i t/) - - - - - - - - - - - cl jcn - - - - -- - - - - - - - ----------- is. 55* ij' - - - - - - - - - - - 40 X40 �� o _o C Ln � 77 O C D l -� -- < ci Z p,-4 PROPOSED COMMERCIAL BUILDING FOR: FELIX PARDO A A860GIATE6, Ina I I RUM —BL ".' DISTRIBUTORS INC. ANA241W JE i rLa►+rn+a i HTEWW e # \ \Wilfredo \felix -w \1998 \9830 \1999 DWGS\re v \PLANNING BOARD REV \FLOOR PLAN.dwg Wed Aug 25 12:19:58 1999 KLC \ \Wilfredo \felix -w \199809830 \1999 DNGS \rev \PLANNING BOARD REV \FLOOR PLAN.dwg wed Aug 25 12:20:37 1999 KLC J \ \Nilf redo \feIix-w \1998 \9830\1999 DWGS \rev \PL ANN ING BOARD REVVL00R PLAN. dwg Wed Aug 25 12:20:59 1999 KLC J \ \Wilfredo \felix -w \1998 \9830 \1999 DWGS \rev \PLANNING BOARD REV \FLOOR PLAN.dwg Wed Aug 25 12:21:29 1999 KLC 7� J t E: \FELIX-K \1998 \9830 \1999 -dwgs \BOARD REVISONS \elevations2.dwg Wed Aug 25 14:01:02 1999 KLC \FELIX-K \I99B \9830 \i999 —dw s \BOARD REVISONS \elevations2,dwg Wed Aug 25 IA:DO:30 1999 KLC Y m • - r m r 0 a °x y J CI .■ 1 . = oO N ' • I. I= ■. •• ISLE: ' �! j _.. I ■.. III ��� I B _ \• �.�.- :: E:VELIX-K \1998 \9830 \1999 -dwgs \BOARD 9EVISONS \e)evations2.dwg wed Aug 25 13:59:58 1999 KLC T c L m r m D z i m k 0 X m C y u z� O -t L m r m D O Z z m D N. -4 m. r m D .O z } :: \FELIX -K \1998 \9830 \1999 -dwgs \BOARD REVISONS \e1evations2Awg wed Aug 25 13:59:35 1999 KLC 9 0 y V! y °z y C ■ N m n O z N m n O z 0 PROPOSED COMMERCIAL BUILDING FOR: RLIX PAIR00 t A66=IATM, Ino. - RUM -BUM- DISTRIBUTORS INC. AIWM MWrJU i P wk%NMb i Wrt MOM 5966 SOUTH DIXIE HIGHWAY 04M I'a w+V"ISr, Wrm 700 - MIA".nom¢u Hsu, P "TONE: (305) 665-6599 r._ow +gsss ..., r�sw.r•�sw u �aetn� n z 0 y y N m 0 z y o� \1 V N N N m n 0 N N N m O z m E N N N m n z ci • �r� PROPOSED COMMERCIAL BUILDING FOR: Mlx PAR00 4 A"=[A?M, *We, RUM —BUM DISTRIBUTORS INC. Awaamw -r+M i PLAPOtne i 04TWIOIM . % SOUTH DIXIE HIGHWAY DA" uu.1u+ I SUMS 200 . Mi L wowVA »w vDRAFT CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, August 31,1999 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Morton, Chair, called the meeting to order. B. The Pledge of Allegiance was recited in unison. II. Roll Call A. Board members present constituting a quorum 1. Mr. Morton, Mr. Lefley, Mr. Wiscombe, Mr. Cooper, Ms. Gibson B. Board members absent 1. Ms. Chimelis, Mr. Illas C. City staff present 1. Charles Scurr (City Manager); Subrata Basu (ACM/Planning Director); John Little (Principal Planner) III. Public Hearing A. ITEM: PB -99 -007 Applicant: RUM BUM DISTRIBUTORS Request: A RESOLUTION OF THE MAYOR & CITY COMN11ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH; DIXIE HIGHWAY AND PARCEL 2 PB :I Ains 08 -31 -99 1 LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. 1. In his opening remarks, Mr. Morton gave background information pertaining to the project, explaining that the item had been carried over from previous Board meetings and was heard at these earlier Board meetings. 2. Mr. Morton noted that several issues had been raised, at the Board's last meeting held.on August 10 and, as a result, the Board had approved a motion to defer the application. 3. Staff related that the Board should take these issues under further consideration at its meeting tonight. 4. Staff continued by reviewing issues that were raised at the Board meeting held on August 10. 5. Staff noted that these issues included lot coverage and footprint; the build -to -line along SW 74 Street; lack of open space; four stores vs. five levels; theater portion considered as one story; traffic issues; parking as infrastructure, as well as the amount of adjusted parking for mixed use. 6. Staff explained that the change in the model demonstrated at the meeting on August 10, including the removal of the bridge, reflected staff's recommendations. 7. Staff further explained that plans sent to the Board as part of the informational packet for the meeting tonight reflect staff's recommendations. 8. Staff noted that the developer is in agreement with staff's recommendations. 9. The Board and staff noted that the model and subsequent drawings reflect staff's recommendations and constitute an up -to -date submission. 10. In regard to concerns expressed involving traffic, Mr. Carl Peterson, of Miller Consulting, approached the dais. 11. Mr. Peterson spoke in regard to traffic concerns, including what future projects had been factored into the traffic concurrency analysis, which had been done based on the guidelines established by the Miami -Dade County and the City of South Miami Comprehensive Master Plan. 12. Mr. Peterson noted that an analysis had been performed at SW 74 Street and 61 Avenue, resulting in the determination that it deserved a Level Service A rating, even if traffic from the Rum Bum project is superimposed. 13. Staff noted that roadway improvements are being considered, including restriping and r(.-paving along SW 74 Street and extending to SW 61 Avenue. PB 1v4ins 08 -31 -99 2 14. Staff also advised the Board that any improvements needed for the additional traffic • generated by the project will be the responsibility of the developer, who has accepted -that responsibility in writing. 15. Staff also noted that the developer has agreed to dedicating an additional 5' along SW 59 Court for future widening of 59 Court, and such dedication will be recorded at the time the building permit is issued. 16. Discussion was held in regard to lot coverage. Staff outlined various issues involving lot coverage and concluded that, due to the uniqueness of the site, a lot coverage exception is needed to maintain the theater use and to provide a continuous active street level building fagade. Staff also concluded that a parking deck is essential to provide the necessary building edge along the sidewalk and still provide parking. 17. Mr. Morton provided a sketch reflecting his concerns relating to lot coverage for site 1. 18. Discussion was held in regard to the sketch that Mr. Morton provided, including consideration of lot coverage, arcades, parking, and landscaping with street trees. 19. Staff suggested the following: set building fagade back 10 feet on both SW 74 Street and SW 59 Court; provide the arcade within the property; and provide street trees on the sidewalk. 20. Staff noted that this option will not impact the parking deck, will comply with build -to -line at least on the first floor level, and will allow street trees which were not possible before. 21. Mr. Pardo noted that he would like to study and review the information at a later time. 22. The Board agreed to a brief recess to further review the sketch and its related considerations. 23. Following the brief recess, the public meeting continued. 24. Mr. Pardo accepted the modification suggested by staff. 25. Concerns were expressed as to whether or not Mr. Cooper, as the Board's newest member, would be able to vote on the application. 26. The C:ty Attorney, via telephone /speakerphone, conveyed his opinion that, as Mr. Cooper had not been present for the developer's presentation of the project and for the public's objections to the project, he should refrain from voting on the matter. 27. The City Attorney related that, even though Mr. Cooper should refrain from voting, his presence can be counted for a quorum, with four voting members and one non - voting member. 28. Mr. Cooper responded by noting his opinion that the project more than meets the intent of the fometown Plan and that he would have voted in favor of the project. PB Mins 08 -31 -99 29. Mr. Cooper further emphasized that the most important elements of the Hometown Plan are-- mixed use, street level activities, and pedestrian amenities, such as arcades, etc. 30. Ms. Gibson proffered a motion, and Mr. Morton related that the motion would read as one of approval, "...going with the staff recommendation as originally submitted, modifying it to incorporate the plans that were submitted this evening with those prior modifications, and taking it one step further that we will have supplemental, ground -level modifications to preserve the arcades, shift the arcades on SW 59 Court and 74 Street, parcel 1, and have additional landscaping, street trees, on SW 59 Court and 74 Street, as part of the final presentation that will come to the Commission, so our recommendation would be approval on those items, on those conditions. 31. Following the proffering of the motion, Mr., David Tucker, a member of the audience, related his objections to the verbiage of the motion. 32. The motion died for lack of a second. 33. The Board offered no other motions from the floor. 34. Mr. Scurr summarized that the matter would be forwarded to the City Commission without a recommendation by Planning Board. IV. Approval of Minutes A. Minutes of August 10, 1999 1. The Board duly voted and approved the minutes for August 10, 1999. 2. Vote: Approved 4 Opposed 0 IV. Remarks A. There were none. VI. Adjournment A. There being no further business before the Board, the meeting was adjourned. B. Respectfully, 1. Board Chair 2. Board Secretary P -B Mins 08 -3 x -99 Date Date 4 x CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, August 10, 1999 City Commissidn Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Morton, acting Chair, called the meeting to order at 7:38 p.m. B. The Pledge of Allegiance was recited in unison. II. Roll Call A. Board members present constituting a quorum 1. Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Wiscombe, Mr. Illas, Mr. Lefley B. City staff present 1. Earl Gallop (City Attorney, departed early); Charles Scurr (City Manager, departed early); Subrata Basu (Assistant City Manager / Planning Director); John Little (Principal Planner); David Struder (Board Secretary) III. Public Hearings A. ITEM: PB -99 -007 Applicant: RUM BUM DISTRIBUTORS Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20-7.8 THROUGH 2O -7.13 OF THE LAND DEVELOPMENT CODE FOR A MINED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL I LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W' 74 1H STREET AND . EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. PB MINS 08 -10 -99 1. Mr. Illas read the request into the record. 2. Staff presented the item to the Board, reviewing .an inter- office memorandum entitled Proposed mixed use development by Rum Bum Distributors, Inc. and dated August 3, 1999. 3. Staff related that this second appearance of the application before the Planning Board, which had been heard previously on May 25, 1999, represents an attempt to balance the community's concerns, the developer's right to make a reasonable use of the property, and the city's interest in promoting responsible and mixed use development. 4. Staff summarized information involving the two parcels contained in the application, as well as the proposed rebuilding of the old Sunset Theater located on US 1, as shown on page 2 of the memorandum. 5. Staff explained the special exceptions that are requested in the application, as outlined on page 3 of the memorandum. 6. Staff continued by reviewing the criteria that must be followed regarding special exceptions and staff s analysis of such criteria, as indicated on pages 3 through 6 of the memorandum. 7. Staff closed by summarizing their recommendations concerning the project, as shown on pages 6 and 7 of the memorandum. 8.' In regard to Mr. Morton's inquiry regarding whether or not the applicant has had the opportunity to ascertain staff s recommendations, staff replied affirmatively. ` 9. Staff noted that it would be proper to allow the applicant the opportunity at this time to make a presentation and respond to the Board's questions and concerns. 10. The public meeting continued. 11. Mr. Felix Pardo, architect, signed in to speak as a :representative of the applicant. 12. Mr. Pardo opened by noting that the application had been before the Planning Board and had received its approval. 13. Mr. Pardo related that this second appearance before the., Planning Board provided an opportunity to further explain the project and to impart how the community's concerns have been addressed. 14. Mr. Pardo explained that he wished to reserve time following the public hearing for purposes of rebuttal. 15. Mr. Pardo noted that he would explain the project from various viewpoints, including use content and massing feratures. PB MINS 08 -10 -99 2 16. Mr. Pardo explained that use. content includes such uses as restaurant, coffee shop, microbrewery, and residential uses, including townhouses and apartments. 17. Mr. Pardo related that egress and ingress for the project will occur ion South Dixie Highway and on SW 74 Street, with "minor" ingress and egress on SW 74 Street to and from the residential component planned on site 2. 18. Mr. Pardo explained the project on a level -by -level basis and with street -by- street elevations, including fenestration. 19. Mr. Pardo noted the color scheme intended for the project, characterizing the proposed colors as "subtle" and "pastel in nature. 20. In further explaining the project, including massing features, Mr. Pardo invited members of the Planning Board and the public to view the model on display in the chambers. 21. Mr. Pardo continued by opining that the project has been through a "metamorphosis," and he asked that the City make a decision, tonight, regarding the project. 22. In continuing comments on the project, Mr. Pardo related that if a 20 % reduction in parking is sought and approved, the applicant can accomplish a decrease in massing for site 2. 23. Mr. Pardo indicated how such a decrease in massing would look by updating the model, and he noted that site 2 would then contain apartments, with amenities such as a swimming pool. 24. Board members asked about traffic flow to and within the project, including for US 1. 25. The public meeting continued. 26. In regard to questions raised about traffic, Mr. Carl Peterson, of Miller Consulting, approached the dais. 27. Mr. Peterson explained that a concurrency evaluation had been completed in regard to the project. 28. Mr. Peterson noted that five traffic concurrency locations had been assessed and addressed. 29. Mr. Peterson related that the evaluation concluded that there will be 195 new trips generated during the peak hour of approximately 5 -6 p.m. on a typical weekday, with the conclusion being that there is capacity to handle such additional trips. 30. Mr. Peterson further related that a localized microscopic analysis of the immediate road network had been performed. 'B MINS 08 -10 -99 3 31. Mr. Peterson noted that the analysis concluded that during the peak hour, 50% of traffic use will occur at the driveway on South Dixie Highway and 50% of traffic use will occur on SW 74 Street. . 32. Mr. Peterson further noted that the analysis indicated that most of the local street network may expect an additional vehicle every 2 -5 minutes, while closer to the project, such as at the entrance on SW 74 Street, an additional vehicle every 1 -2 minutes may be expected. 33. As discussion continued, Mr. Pardo and staff confirmed that the modified model showing the smaller configuration for site 2 represents what the applicant is now requesting for approval. 34. The public hearing was opened. 35. Members of the public speaking in opposition to the project, as presented, included: a. Mr. George David, 7541 SW 61 AVENUE b. Mr. Walter Harris, 7100 SW 64 COURT c. Mr. Edward English, 6117 SW 44 STREET d. Ms. Eda Sagi, 7100 SW 64 COURT e. Mr. Doug Adams, 6031 SW 76 STREET f. Ms. Shirley Huebner, 7540 SW 59 COURT g. Ms. Cathy McCann, 5820 SW 87 STREET h. Mr. Dick Ward, 8325 SW 62 COURT i. Ms. Martha Kent, (NO ADDRESS GIVEN) 36. Issues and concerns expressed by members of the public included, but were not limited to, the following: a. whether or not the City satisfied notice requirements; b. whether or not the amended application/model was properly noticed; c, whether or not the project meets'the intent and spirit of the Hometown Plan; d. status of the City's parking infrastructure trust fund; _ e. whether or not the restrictive nature of the code was followed; f. impact on traffic and parking, including both SW 74 Street and US 1; g. future uses established at the project, including a gun store; h. whether or not fact-and competent evidence have been presented; i. whether or not a question of air rights has been adequately settled. 37. In reply, the City Attorney's comments included, but were not limited to, the following: a. that notice requirements have been met, as the first PB meeting was noticed, the CC meeting was noticed, and this meeting, the second PB meeting, has been noticed; b. that notice requ -ements having been met, the matter is properly before the PB for its recommendation; c. that while the application was amended, such modification does not negate sufficiency or completeness of the original application; PB MINS 08 -10 -99 4 d. that City staff is in a position to properly determine if the intent and spirit of the Hometown Plan have been met, particularly in regard to recommending special exceptions; e. that the question of air rights can be properly settled, as an agreement can be negotiated by the City to give air rights. 38. Other members of the public who chose to speak included; a. Mr. David Tucker, Sr., 6556 SW 78 TERRACE b. Ms Judith Gindy, 7615 SW 67 AVENUE 39. The public hearing was closed. 40. Mr. Pardo related his rebuttal remarks including, but not limited to, the following: a. that the project is well below FAR; b. that the project is not seeking more area than what is allowed; c. that the project represents more than what could simply be built without special exceptions; d. that the project represents something better than what could be built without the exceptions; e. that fact and competent evidence have been provided, such as with the traffic study; f. that applicable codes do involve interpretation and opinion; g. that diligence has been exercised in regard to following the code and providing parking; h. that exceptions, and not variances, are requested concerning the property; i. that the Mayor should have the opportunity to respond to concerns about the parking fund; j. that if site 1 is to be reduced, such as with site 2, the theater may have to be removed. 41. The Board held further discussion on the application including, but not limited to, the following: a. that a unity of title for both sites or parcels be filed; b. that concerns relating to the parking trust fund be addressed; c. that the City desires to retain the theater portion; d. that concerns of a possible gun store use be addressed;_ e. that traffic concerns citywide be addressed; f. that the moratorium, bonuses, etc., relating to parking be addressed; g. that site 1 be re- studied and re- evaluated, such as with site 2. 42. The board began to concur that deferral of the applicationmay be advisable. 43. Staff responded that the City Attorney would be contacted regarding issues surrounding deferral of the application. 44. Motion: Mr. '.efley moved deferral of the application. Ms. Gibson seconded the motion. 45. Vote: Approved 4 Opposed 2 (Mr. Illas) ' . (Mr. Morton) 45. Following the taking of the vote, discussion continued. PB MINS, 08 -10 -99 46. Concern was expressed that the City Attorney had departed the meeting early and was not available to respond to further questions, such as those involving deferral of the application. IV. Elections of new officers A. Mr. Morton and Mr. Wiscombe were elected joint - chairperson and vice - chairperson, to serve as each fora half -time period for the calendar year ending March 2000. V. Approval of minutes A. Minutes of May 25, 1999 1. The Board duly voted and approved the minutes of May 25, 1999, as presented. 2. Vote: Approved 6 Opposed 0 VI. Remarks A. There were no remarks. VII. Adjournment A. There being no further business before the Board, the meeting was adjourned at 12:40 a.m. B. Respectfully, 1. _ Board Chair Date 2. - Board Secretary Date PB MINS 08 -10 -99 6 NffNUTES REGULAR MEETING PLANNING BOARD Tuesday, May 25, 1999 City Commission Chambers 7:30 P.M. I. Call to order and Pledge of Allegiance to the Flag of the United States A. Mr. Pages, Chair, called the meeting to order B. The Pledge of Allegiance was recited in unison. H. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Gibson, Mr. Wiscombe, Mr. Illas B. Board members absent 1. Mr. Lefley, Ms. Chimelis C. City staff present 1. Subrata Basu (Assistant City Manager/Planning Director); John Little (Principal Planner) III. Public Hearings A. ITEM: PB -99 -006 Applicant: Stir Crazy Enterprises, LLC Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL" PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE C 18, THE SHOPS AT SUNSET PLACE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Illas read the request into the record. PB MINS 05-25 -99 2. Staff presented the item to the Board, noting that the request involved an application for an Asian stir -fry restaurant at The Shops at Sunset Place. 3. Staff summarized an interoffice memorandum, dated May 17, 1999, noting that the subject restaurant, Stir Crazy Cafe, would locate where China Grill had intended to open. 4. Mr. Rick DeMarco, of Glencoe, IL and Chief Operating Officer, spoke before the Board as a representative. 5. Mr. DeMarco related details pertaining to the concept of the proposed restaurant. 6. During discussion of the application, including the former application by China Grill, calculations of parking, restaurant use at the complex, etc., the Board and staff concurred that outdoor dining should be included as part of the proposal. 7. Public hearing was opened. 8. There being no wishing to speak before or against the item, the public hearing was closed. 9. Following the close of the public hearing, the Board voted on the matter. 10. Motion: Mr. Morton moved approval of the application„ inclusive of the recommendation that outdoor dining be included as part of the proposal. Mr. Wiscombe seconded the motion. 11. Vote: Approval 5 Opposed 0 B. ITEM: PB -99 -007 Applicant: Rum Bum Distributors Request: A RESOLUTION OF THE MAYOR. & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN STREETS" AND 20 -7.13 "REGULATING PLAN" OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE SR "SPECIALTY RETAIL" ZONING DISTRICT, SPECIFICALLY ON S. W. 59 PLACE, S. W. 74 STREET AND S. W. 59 COURT, SOUTH MIAMI, FLORIDA 33143: 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, noting that the request involves an application for a mixed -use project, including a residential component, in the vicinity of US 1 and SW 74 Street. 3. Staff summarized an interoffice memorandum, dated May 21, 1999, noting that the subject project has been reviewed for such items as sufficiency of parking and favorable uses for the area, including a residential portion at SW 59 Place and 74 Street. PB MINS 05 -25 -99 2 4. Staff emphasized the City's sensitivity to existing; residential uses located nearby and noted the intention to render the project a positive impact upon the neighborhood.- 5. Staff noted that the project meets certain code criteria, including that for FAR regulations and for height limitations, and that concurrency reports hid been received. 6. Staff read into the record a letter from Ms. Shirley Huebner, a resident of 7540 SW 59 Court, relating her opposition to the project, including granting exceptions to Hometown regulations. 7. The Board and staff discussed various items regarding the project, including Hometown regulations, particularly in regard to the possibility of constructing a parking deck. 8. Mr. Felix Pardo, architect, spoke before the Board as a representative. 9. In his presentation, Mr. Pardo related various items regarding the project, including: a. that uniquely configurated parcels are involved; b. that rebuilding of the existing theater is planned; c. that there is no overage regarding FAR; d. that there is no request for any relief in parking; e. that a mix of uses is planned; f. that the intended mix of uses includes the theater, a restaurant, retail., offices, etc.; g. that residential uses are included as part of the mix h. that the residential component will consist of townhouses and apartments; i. that the residential uses make it possible for people to live at the project; j that along with residential uses, storefront uses are intended; k. that both residential and storefront uses promote an active streetscape; 1. that arcades are proposed for pedestrians, as well as aesthetics; m. that commercial activity will be situated closer to US 1; n. that the residential uses will be situated closer. to existing residential uses; o. that fenestration will be provided on the parking structure portion; P. that parked vehicles are well hidden from public view; _ q. that a trolley stop is proposed in front of the newstand area. 10. The Board's responses included the suggestion to place landscaping at the exterior elevations along the north and northeast sides of the project. 11. The Board held discussion on whether residential units will be for sale or rent and if proposed uses are permitted uses within the Hometown District 12. The Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. b. Mr. Tucker spoke of being diligent and keeping an open mind as the project moves forward. PR MII S 05 -25 -99 4 c. Mr. Tucker asked that the residential uses remain intact as currently proposed and that the project be a place of security and tranquility for both residents and visitors. d. Ms. Susan Redding, of 7930 SW 58 Court, spoke before the Board. e. Ms. Redding related that a primary concern was the proposal to have retail on an upper level. f. Ms. Redding noted that she applauds the rebuilding of the theater, to use for cultural activities g. Mr Pardo returned to the podium to speak before the Board, relating his responses to comments voiced by the two citizens who had just spoken. 13. The public hearing was closed. 14. Following the close of the public hearing, discussion continued. 15. The Board noted that the workability and manueverability of the parking portion be finalized. I6. The Board held discussion in response to Shirley Huebner's concerns related in her letter. a. In regard to the project resulting in an overbuilt site, the Board noted that it is important to understand that US 1, a major thoroughfare, calls for density, both structurally and economically. b. The Board also noted that the proposed residential units will complement the neighborhood and not detract from the area, which is aesthetically not the most appealing. 17. The Board and staff continued their discussions involving Ms. Huebner's letter. a. The Board related that, in the vicinity of the Villa Fontana Apartments (Ms. Huebner's complex) and in the area of the proposal, an urban area exists as the Sunset Drive and US 1 corridor, as well as office buildings and other apartment complexes, are all located nearby. 18. The Board and staff noted that concerns do involve traffic and noise, which the City fully realizes and is addressing, such as with concurrency reports. 19. Staff noted that the Hometown Plan involves theory, and as such, acts as a guide for planning purposes. 20. Staff also noted that the special exception process was developed as a safeguard mechanism, with the understanding that there may need to be modifications as projects come io the City. 21. Motion: Mr. Illas moved approval of the application, as presented. Mr. Wiscombe seconded the motion. 22. Vote: Approval 5 Opposed 0 PB MINS 05 -25 -99 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE. Before the undersigned authority personally appeared Sookle VAIllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review I/kla Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING — 8/10/99 ITEM: PB -99 -007 In the .......... XXXXX ..................... Court, wat_ pyblls V In sn lgispaper In the Issues of Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each dray (except Saturday, Sunday and Legal Holidays) and has bean entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one Ye t preceding the first publication of the attached copy s rtlsement; and afflant further says that she has nelth r nor promised any person, firm or corporation any s nt, rebate commission or refund for the purpose of s u ng this a rtissment for publication In the said no r. J . 30 S%,3m to and subscribed before me 1 1� Y ...... day of ......................... A.D. 19.. ... .:.-,............. (SEAL) �A1w pVS OFFICIAL NOTARY SEAL Sookle WIIIIams personally 1 to me i CHERYL H. MARMER I i P n COMMISSION NUMBER < CC54538 4 MY COMMISSION EAF4RES OF KO APR. 12,24700 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) 666 -4591 On Tuesday, August 10, 1999, at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chamb&s at the above address on the following: ITEM: PB- 99-007 Applicant: RUM BUM DISTRIBUTORS Request: A RESOLUTION OF THE MAYOR & CITY COM- MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 'A REQUEST FOR SPECIAL EX- CEPTIONS FROM SECTIONS 20 -7.8 THROUGH 20- 7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN, DIS- TRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 IS LOCATED AT.THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF 59TH PLACE AND S.W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. All interested parties are urged to attend. Objections or expressions of approval may be made in parson at the hearing or riled in writing prior to or at the hearing. The Planning Board reserves the right to foc- i ommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting infor- mation are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any de- cision 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 pro- ceedings 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. 7/30 99- 3- 073035M .1 ff C y AUG - 31999 , _ E 'This instrument Prepared BY: MICI (AEI. S. CFASE, ESQ. 2900 N. W. 7th Street Miami, Florida 33125 Folio No IS- 09- 4136 -0? .09- 4036- 029 -oi 0 Orr, Rfc.1823? 04160 090: 09- 4036 - 029 - -0100 036 - 030 -502G; 09. -4036- 030 -00 43R40 1452 1993 AU6 14 DDC" DEE I2 R ,tQ00.G0 5UTX HARVEY RUVINP CLERK DADE COUNT' This Warranty Deed, Made the INC., z Florida corporation existing under ey Iaws Ion— fFlorid-it 99—R y MATRIX PANS, Place of business at: 300 Costanera Road, Coral Cables Florida having its Principal Grantor, to RUM gL =1V1 llI.STRIBUTORS, INC., a Floridarecrrnt�rat an aler called the laws of Florida, whose Post office addresi is: Y. o. Bax 339, coconut Grove. existing under the 33133 Florida , hereinafter called the Grantee: (14'hency et uxd herein the t.rn) "grsntoe, and "grantee- include all the tarties to pus instrancr.. and heirs. tegil representatives rnd 33:4is Of individuals, and the 5UUeS!;0rn srd assigns of corparuiani) Witnesseth, That the Grantors, for an in consideration of the sum of .S 1 U.00 and other valuable considerations, receipt whereof is I�ereby aliens, realises, releases, conveys and confirms unto t acknowledged, Grantee 111 that �ce grants, n land, s bargains, ua sells; Miami -Dade County, State of Florida, viz: d, situate in SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "A" Conditions, restrictions, easements, asses"'n nts and lirnitation5 of redord, and to 1998 taxes and subsequent years. Togetlier, with all the tenements, hereditarnents and ariStlrterrltaceS in anywise appertaining. thereto belonging or To Have and to Hold, the same in fee simPh-- forever. And the Grantor Hereby covenant with said grantee that the grantor is la',Vfully seized of said land in fee simple; that the grantors have goat right and lawful authority to sell and said laud, and hereby warrant the title to said land and will defend the same against convey claims of �� Persons whomsoever; and that said land is free of all encumbrances except lawful accruing subsequent to December 31, 1907, �CZpt t<�xsrs .n Witness Whereof, the Grantor has caused these presents to be executed in its name and its, corporate seal to be hereunto affixed, by its proper officers thereunto duly author'? Flax a'nd year first above written. Y t _ed, the ..�.. v 1777. U4:19ptl Ps Af�: � 32PI4162 • I�ARCE,� L l� Lots 9 a=d 10 and the last 10 last of the South 95.5$ fast of Lot 8 , Block Z, >0MMV- MCAT Or MM SOLOYOTIr 8=DXW8zoK, according to the ' Plat thereof as recorded in. Plat Beak 7 at Pape 11 of the public Records of Dads Cot sty, Plorldat and All of Lot; 6 std that portion at Lot 'a, describad as follows s Beginning at the Southvestsrly aorn:er. of Lot 6; theme* South 30.34 facts Lbauaa !ut 65.96 fasts thence North 30.34 foots thence Harthxe,st:oaly 41.S festj thence Bouthvewterly 50 feet to the origina3. Point a: Ruginning, all lying !.n Block 2, of the ari7=4v' PLAT of SOLOVOrt bGB MSIM , As recorded 3a rPI&t book 7 at Page it of the Public hitao =ds of Dada County, prloridat and All. of Lott 2 end 3, AXMaCAX TOWNSITZ COMPAM SuMDIYISI0Y, at recorded is Plat hook 3 At Page 134 of the Public Raeords of Dada County, Florida. PARCEL $ t X11 of Lot 5, Block 2, SOLOVOP!'S SUHDVrXSSO27, as racordid in Plat Book 7 at Page Ili and the S.W. 1S feat of Lot 4 (which is the strip 1S rest .ids end lie fast long adjolaiag Lot 5), of said h3lack 2 3 and all Of Lot i, Block 2, axaept: the mast 20 fnot thareot, Arid ezcspt thy, following desosibad portions Baginaiag at the SW =o=ar of Lot is thence run Easterly along the 8cuth .ling, 64.96 tfents thecae Northwesterly parallel to the asst ling of Lot 4, 30.34 feet; tUftea Nesthrsstaslr as a production of the Northeasterly line of Lot 6, a distssaaw of 41.50 foot to tho divldina line botreaa Lots 8 and &I theaut• along the dividing line bstw"ft Lots s sad 61 soutb""Arly So fast to the Northwesterly acrner o! Lot 11 thenea 8outharly 30..34 teat to the Point. of Begiaaiag all located in SOLOVOPP'S Su=IVISXOH, according to the .Amended plait tbaraof as recorded in Plat Book 7 at Page 11 Of the Public Records of Dade County, Florida. ,£CORDED N OFF C.'AL Recz quz; tKhN: DADECot/KTY, FILV•uiA . nscwo V EHIFttJ HARVEY RUVIN 4s.0K*s Cwr14k r GOURr 4 � BZJZP4 1 ATTES 6 1 HILDA ACARDI, SEC. Signed, sealed and deliye;gd in the presence of Witness. Signature Fri _ d Nanij. Wnted Name: STATE OF no zTDA) COUNTY OF MIAMI- DAnF) MATRIX PAWS, INC. .BY: HILDA BACARDI, P Post Office Address;: I Hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared l41T,nA_RACAEM president and Secretary of MATRIX PAWS, INC., a Florida corporation, know-rt to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, and an oath was not taken. Said person provided the following type of identification: Fl. Driver's Licence, Witness my hand and official seal in the Coun0 and State Iast aforesaid this day of _A % ' IST . A.D., 192.°- ) Notary Rubber Stamp Seal: NOTARY SIGNATUR" el 1217- Printed Notary' Signature jKMARYMill 't ►.iYCO�!41�,it)\ X" N�