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01-03-05 Item 3�0 SOUS F 411 U INCORPORATED * 1927 + C0R�9 South Miami All-America City 2001 City of South Miami To: Honorable Mayor, Vice Mayor Commission Members From: Maria Davis City Manager ORDINANCE Date: January 3, 2005 ITEM No. 0; Re: LDC Rezoning: TODD(MU -4) to PUD -M: Codina Development Corp. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant, Codina Development Corp., is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 409 dwelling units and 12,476 square feet of commercial space. According to the information submitted with the application, the dwelling unit density will be 58.4 units per acre. The floor area ratio for the total proposed project is listed as 1.54. The complex is to be called "Red Road Commons ". The current zoning on the subject property is "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District. The applicant is requesting a zone change for the property to PUD -M, Planned Unit Development -Mixed Use. The current TODD(MU -4) Zoning District LDC Rezoning January 3, 2005 Page 2 of 8 permits residential and commercial uses, permits two.; stories in height and does not limit development with a maximum floor area ratio or units per acre formula. The PUD submission is to be considered in two parts. The first is a zone map change ordinance which creates the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part of the zone map change. The second part is the applicant's request for approval by resolution of the specific PUD development plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. APPLICABLE REGULATIONS Planned Unit Development (PUD) is a zoning district which can be applied for and created on the City's official zoning map if a development is to be done as a unit under single ownership and has one or more principal buildings. A PUD encourages design flexibility in location of buildings, open space, and provision of amenities. Development in a PUD district does not follow standard dimensional requirements (setbacks, heights of buildings), floor -area- ratio, or dwelling units per acre. These standards are set forth in advance as part of the submitted master site plan. The following sections of the City's Land Development Code govern the general design, development, and review of a PUD application: Section 20 -3,7 (A) -(B) Planned Unit Development — provides design guidelines for all PUD's regulating density, traffic, screening, off - street parking, service areas, building heights, and pedestrian amenities. Section 20 -3.7 (E) PUD -M, Planned Unit Development Mixed Use- specific regulations governing uses allowed, minimum development site size and location. PUD -M is one of three PUD types. Section 20 -5.12 Planned Unit Development approvals — sets forth regulations governing the review procedures and submittal requirements for all PUD's. Section 20 -4.1 Adequate public facilities and services (Concurrency)- establishes level of services (LOS) standards for water and sewage, solid waste, traffic, and recreation / open space. These standards are reviewed at the development permit stage for major new construction projects. All of the above LDC sections are attached. SITE ANALYIS The subject property is bounded by SW 68th Street on the south, SW 57th Ave. on the east, SW 66th Street on the north. The west boundary is a FPL transmission facility and a driveway into the City's Community Center. The property is occupied by a parking lot and three one -story buildings used for offices, a real estate school, a foreign consulate, asocial service agency and a LDC Rezoning January 3, 2005 Page 3 of 8 night club. Surrounding Parcels DEVELOPMENT ANALYSIS 1. Comprehensive Plan: The project site is within the TODD Future Land Use category which encourages a mix of uses. The district was developed to take advantage of its proximity to the Metro Rail. The category allows for flexible building heights up to a maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current and future residents of-the City of South Miami with special focus on infill and redevelopment ........ Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi family projects ............. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metro Rail transit station by creating a district for the new growth which is contained and transit - oriented, thereby relieving the pressure for commercial re- zonings outside of this core area .. Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. 2. Minimum Requirements: The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre Comprehensive Plan Land Development Code Actual Use Existing Land Use Existing Zoning District Category North Single Family Residential RS -4, RM 18 Single Family homes Multifamily Residential Single Family Residential Apartments Low density multi- family East - - - - -- - - - -- Church South TODD TODD(LI -4) Light industrial; warehouses, social service agency West Public Institutional PI, Public Institutional; RS -4 FPL Sub station DEVELOPMENT ANALYSIS 1. Comprehensive Plan: The project site is within the TODD Future Land Use category which encourages a mix of uses. The district was developed to take advantage of its proximity to the Metro Rail. The category allows for flexible building heights up to a maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current and future residents of-the City of South Miami with special focus on infill and redevelopment ........ Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi family projects ............. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metro Rail transit station by creating a district for the new growth which is contained and transit - oriented, thereby relieving the pressure for commercial re- zonings outside of this core area .. Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. 2. Minimum Requirements: The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre LDC Rezoning January 3, 2005 Page 4 of 8 site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant states that the project site is 1092 feet from the Metro Rail station. 3. Uses Permitted: The PUD -M allows a limited number of uses which are listed in Section 20 -3.7 (E) of the LDC. It includes retail establishments and multi - family residential uses being proposed by the developer. 4. Density - Number of Dwelling Units: The proposed development, as submitted has 409 dwelling units or a density of 58.3 dwelling units per acre. PUD regulations specify that the number of units permitted shall be governed by the Comprehensive Plan land use category in effect for the site. The TODD land use category does not provide limitations on number of units as long as the required parking is provided. 5. Density7 Floor Area Ratio: The applicant's proposed floor area ratio is 1.54. PUD regulations specify that intensity or FAR of a project is governed by the Comprehensive Plan land use category in effect for the site. The TODD land use category does not provide a specific FAR limitation. 6. Dwelling Units - Minimum Floor Area: The applicant's proposal indicates a range of dwelling unit types, including 175 one- bedroom units; 201 two- bedroom units; and 31 four bedroom units. The size of the units range from 604 sq. ft. for a one bedroom; 887 and 946 sq. ft. for two bedroom units; 1785 sq. ft. for four bedroom units. 7. Dwelling Units- Minimum Average Size The applicant's proposal provides that the average size for all of the dwelling units is 842 square feet. PUD regulations do not require a minimum average size for dwelling units. As part of the redraft of the LDC, the City's Zoning Task Force recommended that residential developments in this area ( TODD district) must maintain a minimum average dwelling unit size of 800 square feet. It is felt that this standard would assure a quality level of dwelling units in residential projects. 8. Building Height: The applicant is proposing to build a total of six residential buildings The building heights vary. There are four and five story buildings in the south and center part of the development and a four story building facing SW 57 Avenue on the east side. A three story building will face single family homes on the north side with the interior portion of that building being four stories. At the northeast corner is a four story building opposite the existing multi - family complex. A five story parking garage covers most of site on the west side abutting the FPL facility. Current PUD regulations do not specify specific height limits. The Code states that project buildings must take into account surrounding heights of buildings and the limitation on heights set forth in the assigned Comprehensive Plan's land use category (up to eight stories). 9. Parking Requirements: The applicant is providing 1,028 total parking spaces, which includes a parking garage, a small surface lot and on -site street parking. The total number of required parking spaces for the proposed re- zoning (including residential and retail uses) is 948. LDC Rezoning January 3, 2005 Page 5 of 8 10. Affordable Housing: The City of South Miami has made a commitment to support and encourage the creation of affordable (moderate priced) housing units. The Comprehensive Plan specifically sets forth the following housing policies Policy 1.3_5 The City will support and assist the efforts of private organizations to construct at least five affordable housing units per year. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use /residential multi family projects containing affordable housing units. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5 % of the units as affordable housing units. 11. Adequate Public Facilities- Concurrency: The applicant's project is above the concurrency threshold limits, thereby requiring an assessment for meeting the level of service (LOS) concurrency standards listed in Section 20 -4.1 of the Land Development Code. For purposes of this report, presented below is a summary of the developers' responsibilities related to concurrency: a) Solid Waste • LOS and capacity to be determined by Miami -Dade County based on capacity of the transfer facility. • Developer to provide copy of contract to the City b) Water and Sewage • LOS and capacity to be determined by Miami -Dade County • Developer to provide evidence of approval of appropriate County and State agencies c) Drainage • Concurrency evidenced by compliance with Florida Building Code and approved by DERM. d) Traffic /Streets • Applicant has submitted Traffic Impact Study showing reduced PM peak trips after PUD is constructed; and major intersection at LOS - B • Additional traffic counts at certain intersections requested in order to determine needed traffic signalization adjustments or lane improvements • Note: the site is located within a City designated Infill and Redevelopment Area and is exempt from meeting transportation concurrency standards (Comprehensive Plan, p.65). However, the impact of the proposed development on traffic operations will be LDC Rezoning January 3, 2005 Page 6 of 8 covered in the review of the resolution adopting the submitted master site plan. e) Schools • Project impact to be determined by Public Schools. • Dade County Public Schools has been notified of the project and staff invited to sit with Planning Board at hearing. • The Developer shall provide evidence of assessment or mitigation agreement with Dade County Public Schools. Recreation Facilities • Project population estimate- 927 • LOS: City Comprehensive Plan: 4 acres per 1000 population. • Capacity: The City is at capacity. • Project will require the addition of recreation land — estimated 3.7 acres • Developer must specify in a development agreement that within five years he will pay for or produce 3.7 acres of land for public park or recreational purposes. (See attached formula to determine concurrency costs) STAFF OBSERVATIONS 1. The proposed rezoning is consistent with and supports the goals and policies of the City's Comprehensive Plan (See No. 1, Development Analysis above). 2. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report", which calls for mixed use development on this site (p.33). 4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force's subcommittee on TODD carried out considerable study on the district. At that time it was recommended that this site be re -zoned to allow 4 stories plus 2 additional stories as a bonus. The recommendation also suggested a height limit of 3 stories across from the residential areas on the north side of the property. The PUD -M re- zoning will allow development as specified in the Master Site Plan as submitted. Buildings indicated at four and five stories on this plan will be approved as .part of the master site plan approval. The proposed master site plan will also be approved with a limit of three stories across from the residential areas to the north. 5. The traffic pattern from a residential development is generally more dispersed throughout the day and night and has less impact on peak traffic. Traffic analysis of the current commercial development as compared with the traffic that will be generated by the proposed LDC Rezoning January 3, 2005 Page 7 of 8 residential development, indicates that the proposed land use change may actually reduce peak hour vehicle trips generated by this property. However, certain traffic operations and management adjustments will be addressed in the review of the resolution approving the master site plan. PLANNING BOARD ACTION The Planning Board at its September 27, 2004 meeting adopted a motion by a vote of 5 aye and 1 nay (Mr. Illas) recommending approval of the requested zone change with the conditions set forth by staff below. The Board strongly suggested that the developer's contribution related to recreation space should be worked out prior to the issuance of a building permit. RECOMMENDATION The City Commission approved the proposed rezoning with the following conditions on first reading at its October 19, 2004 meeting: (1) The applicant shall execute a Development Agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project's PUD Master Site Plan (2) Applicant shall include in the Development Agreement: (a) an agreement that within five years the developer will pay for or produce 3.7 acres of land for public park or recreational purposes; (b) an agreement that 5% of the multi- family units constructed shall be classified and marketed as affordable housing units. (3) Applicant shall provide evidence of concurrency compliance by submitting to the City the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the City a Unity of Title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. FINAL REVIEW PROCEDURE At its December 21, 2004 meeting the City Commission agreed to hold a discussion workshop on all three elements (zone change, master site plan, and development agreement) on Monday, January 3, 2004 (7:OOPM). It was further agreed to place all three elements on a special City Commission meeting agenda scheduled for Wednesday January 12, 2005 meeting agenda (7:00 PM). A tta olim ontc Application/Letter of Intent Location map LDC Rezoning January 3, 2005 Page 8 of 8 Applicable Regulations - PUD, Concurrency Copies of Public Notices Excerpt Planning Board Minutes- 9 -27 -04 Site Plan / Development Plan MD /DOD /S X20;0 EAComm Items\2005 \1- 3- 05W\Rezoning TODD to PUD -M Abraham Site.doc City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305)663 -6326; Fax: (305) 666 -4591 Application for Public Hearing Before Planning Board & City Commission Address of Subject Property:5757SW 68 STREET Lot(s) Block . I Subdivision PLEASE CHECK ALL THAT APPLY: PB SEE ATTACHED SURVEY Meets & Bounds: Justifications for change X PUD Approval Special Exception Major Change Applicant: Phone: owner £ODINA DEVELOPMENT CORPORATION Power of attorney Briefly explain application and cite specific Code sections: Representative: Organization: JERRY B. PROCTOR, ESQ. _ .^ ..iUL Address: Phone: _ 20% Property owner signatures X Mailing Iabels (3 sets) and map 200 SO. BISCAYNE BLVD., SUITE 2500 Section: Subsection: Page #: Amended Date: Required Fee(s) MIAMI, FLORIDA 33131 - - Property Owner: Signature: . COMMERCE LANE ENTERPRISES, INC. "... Mailing Address: Phone: 5757 SW 68 STREET MIAMI, FLORIDA 33143 D. e1 Architect/Engineer: Phone: 305 - 666 -5474 ARIS GARCIA AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner: Owner's Representative X Contract to purchase Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC Variance X Letter of intent X Zoning Map Amendment Special Use Justifications for change X PUD Approval Special Exception Major Change Statement of,hardship- _ Proof of ownership or letter from PUD _ Other owner Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase Current survey (1 original sealed and SEE ATTACHED LETTER OF INTENT signed/1 reduced copy @ 11" x 17 ") 7 copies of Site Plan and Floor Plans reduced copy @ 11 "x 17" _ 20% Property owner signatures X Mailing Iabels (3 sets) and map Section: Subsection: Page #: Amended Date: Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of the applicant's lrnowledge and belief. �.Qt,(k ►�G� (�cd�pm�' C!/+'rllnGt -1?l�h I App cant's 'ignature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable registrations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE'USE ONLY: Date Filed Date of PB Hearing Date of Commission etition_Requixed Method of Payment _ - -- - — "- \73190113707\ # 685596 v l 7/16/04 3:48 PM City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 6664591 JUL 2 8 2004 Application for Public Hearing Before Planning Board & City Commission Address of Subject Property:6600 - 6640 SW 57 AVENUE Lot(s) Block Subdivision PLEASE CHECK ALL THAT APPLY: PB SEE ATTACHED SURVEY Meets & Bounds: X Zoning Map Amendment _+ Special Use X Justifications for. change- - - - Applicant: Phone: (30 =- . CODINA DEVELOPMENT CORPORATION Power of attorney Representative: Organization: - COW JERRY B. PROCTOR, ESQ. signed /1 reduced copy @ 11" x 17 ") Address: Phone: 200 SO. BISCAYNE BLVD., SUITE 2500 20% Property owner signatures Mailing labels (3 sets) and map MIAMI, FLORIDA 33131 Section: Subsection: Page #: Amended Date: K Required Fee(s) Property Owner: Signature, , Y ANTHONY R. ABRAHAM Mailing Address: Phone: 6600 SW 57 AVENUE MIAMI, FLORIDA 33143 Architect/Engineer: Phone: 305 - 666 -5474 ARTS GARCIA AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner; X Owner's Representative Contract to purchase Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS . PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC Variance X Letter of intent X Zoning Map Amendment _+ Special Use X Justifications for. change- - - - X PUD Approval ___ - _- Special Exception Statement of hardship PUD Major Change Other __X Proof of ownership or letter from owner Power of attorney Briefly explain application and citespecific Code sections: _! Contract to purchase X Current survey (1 original sealed and SEE ATTACHED LETTER OF INTENT signed /1 reduced copy @ 11" x 17 ") X 7 copies of Site Plan and Floor Plans reduced copy @ 11" x 17" 20% Property owner signatures Mailing labels (3 sets) and map Section: Subsection: Page #: Amended Date: K Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct tc� the best of the applicant's kno ledge and belief. App 'cant's Signature and title _ _ Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable registrations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Petition Required Method of Pavment 173190\13707\ 9 685595 v 1 7/16/04 3:48 PM vale or r-rs nearing Petition Accepted _ m BILZIN SUMBERG BAENA PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 - MIAMI, FLORIDA 33131-5340 TELEPHONE: (305) 374 -7580 - FAX: (305):374-7S93 E -MAIL: INFOOBILZIN.COM - WWW.BILZIN.COM JERRY B. PROCTOR, ESQ. DIRECT DIAL: (305) 350-235 1 EMAIL: JPROCTOR @BILZIN.COM July 28, 2004 Hand Delivery Mr. Don O'Donniley, AICP, Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Zoning Application by Codina Development Corporation Address: 6600 -6640 S.W. 57 Avenue (Red Road) and 5757 S.W. 68 Street Dear Mr. O'Donniley: Please accept the attached application for rezoning and plan approval of a Planned Unit Development (Mixed -Use) Development on the above - styled Property. The undersigned represents Codina Development Corporation ( "Codina "), prospective developer of approximately 7 acres of land located at the southwest corner of SW 66 Street and SW 57 Avenue (Red Road). Codina hereby requests a district boundary change from TODD (MU -4) to Planned Unit Development. Mixed -Use (PUD =M), and concurrent site plan approval for development of the Property. Enclosed herewith please find the requisite application fee, City of. South Miami application forms, proof of ownership of properties, surveys of the property, public notice mailing labels and affidavit, property owner notification affidavit, common area report, and copies of the proposed plans for the nixed -use development on the Property. \73260121531 \ # 687239 v I 7128/04 2:18 PM BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Don O'Donniley, AICP July 28, 2004 Page 2 Pursuant to the City's Comprehensive Plan and Section 20- 3.7(e) (Planned Unit Developments -PUD -M Mixed -Use), please note the following: 1. The property is designated for Transit - Oriented Development District (TODD) (Flexible Height up to 8 stories) in the City's Comprehensive Plan. The Comprehensive Plan provides as follows: Transit- Oriented Development District (TODD) (Flexible Height up to 8 stories). The Transit - Oriented Development District is intended to provide for the development of office uses, office services, office - related retail, retail, retail services, and residential uses in multi -story and mixed -use projects that are characteristic of transit- oriented developments. Permitted heights and intensities shall be set forth in the Land Development Code, including design standards. Zoning regulations shall encourage development within the TODD in conjunction with limiting new development within the Special Flood Hazard Area. The City shall pursue an incentives program for redevelopment including flexible building heights and designs standards to insure that responsible, effective and aesthetically pleasing projects result. The proposed development, as depicted on the attached plans prepared by Wolfberg Alvarez & Associates, provides retail and residential uses (for rental) and a mixed -use design that complies with the spirit and letter of the Comprehensive Plan designation for the property. 2. The PUD -M Zoning District encourages complementary combinations of uses, including multi- family residential and commercial uses, within 1,200 feet from any Metrorail Station, I have enclosed an aerial photograph from Miami -Dade County which indicates an approximate distance of 1,092 feet between the property and the South Mianu Station of Miami -Dade County's Metrorail Corridor. BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Don O'D onniley, AICP July 28, 2004 Page 3 3. The PUD -M District permits multi- family residential dwellings, accessory parking lots and structures, and retail stores. 4. The property exceeds the minimum site area for a PUD -M development of 4 acres. 5. The proposed site plan features considerable pedestrian access and a reduced intensity of development along SW 66 Street, adjacent to the residential community to the north. The proposed intensity of development is compatible with the surrounding area, which includes the large FPL transmission facility to the west, retail and industrial zoning and development to the south and southwest, and the higher- intensity apartment and Metrorail facilities in the area. Thank you for your consideration of this application. Very truly yours, Jerry B. Proctor JBP:id Encl. c. Maria Davis, City Manager City of South Miami Application No. PB -04 -015 Zone Map Change TODD (MU -4) to PUD -M Planned Unit Development- Mixed Use 6600 -6640 SW 57th Avenue 0 D _ 6600 0 � 5963 5977 6601 63064 35 C) N' ° 6647 6`345 6350 Lo 0 6340 in 6345 6340 I 6325 �' ¢a 0 .n 01 rn 00 I 0 6669 uoi 6373 LO LD W, U, In LO 0 06412 5935UI56411 SW 64Th ®ST ....■WARD & &DRr■■■■■■ ■ ■ ■o■ ■t =■■ 5978 0 0 0 5944 -0 640 6401 6400 6401 6400 6401 6400 .6401 6400 ■ 6415 6412 0 ■ 6429 0 6429 6428 6443 ° 6411 6410 6411 6410 6411 6410 6411 6410 ■ 6443 6442101 6443 6442 6445 ¢ 642i 6420 -J 6421 6420 6421 6420 6421 6420 V 6457 6450 0 20 6456 6461 6431 6430 d 6431 6430 6431 6430 6431 6430 CK 0 co w 641 , = f- 6Ad1 6440 _ 6440 6440 6441 6440 6487 CA 0 6420 6481 0) 6441 6441 U7 6501 6500 n 6501 6500 6501 6500 6501 6500 - 6501 �+ 8505' 6500 6501 6511 6510 6510 6510 6511 6510 6519 0 6516 6511 6511 . 6533 6SS 0 6532 0 m 6521 6520 6521 6520 6521 6520 6521 6520 O 6551 0 0 6531 6530 6531 6530 6531 6530 6531 6530 ti 5987 6540 G `�1 � tO 0 0 5875 6540 5843 6540 6541 6540 6541 6540 ■ ■ o 974 SW 66TH ST ` 0 D _ 6600 0 � 5963 5977 6601 O 6647 LO Lo 0 co in 0 rn N an IN M ¢a 0 .n 01 rn 00 *- 6669 uoi LO LD W, U, In LO 0 0 uWi � h ufOi � vtOi u°Di ■ SUBJECT PROPERTY ■ SVV 67TH 8-1 6701 ■ a ':"90 j 5949 Go 5950 57 6 98 0 0 m o 0 o 5q8 X12 _ o in to in to co 'n �� 0 ca Lo m �w s, h1 q5� 0 m ti to D SJ c9� h `o ?' ■ co 5907 co rm �d a93 dj , La � seas 416e S Ln �sd 5810 0 19 0 ° 6900 ygti 588 s� 5842 !fir o s0 r 5850 ? 4S" 5821 0 W Q J h ] ■� L _ ■ a y��o .. ■ r O ■ j 5830 ■ ■ Si o ■ I 0 300 600 900 1,200 1,500 Feet i § 20 -3.6 SOUTH MIAMI LAND DEVELOPMENT CODE (4) The refuse enclosure shall consist of- (a) A concrete pad or impervious pavers as a base which is designed to prevent seepage of any sanitizing chemical or liquid waste into the ground or into any stormwate drainage system; (b) Minimum five - foot -high enclosure walls. The height of walls must be equal to or greater than the contemplated height of refuse containers; and (c) An access gate which screens all refuse containers from view. The height of gates must be equal to or greater than the contemplated height of refuse containers. (5) An impervious surface shall-be provided between the enclosure and street or alley from which the containers will be serviced, and shall be maintained in good condition. (6) Landscaping, hedges and trees shall be provided as set forth in Section 20 -4.5, Landscaping requirements, in the same manner as prescribed for vehicular use areas, and shall constitute a landscape buffer of at least five (5) feet in width. (7) Plans may include a refuse container room in lieu of a refuse enclosure, provided that the container room. (a) Shall be located on the rear or side of the structure; (b) Shall be easily accessible for servicing, and (c) Shall be fully enclosed and include doors which may be secured and locked to prevent vandalism or other damage. (8) Refuse container rooms and refuse enclosures shall be subject to review and approval by both the director of building, zoning and community development and the director of public works prior to permit approval. -- (Ord. No. "1 -90 -1444, 1 -2 -90; Ord. No. 2- 90- 1452, 7- 24 -90; Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 21 -91 -1486, 8- 20 -91; Ord. No. 30 -91- 1494, 12- 17 -91; Ord. No. 1- 92- 1496, 1 -7 -92; Ord. No. 15- 92- 1510, 9 -1 -92; Ord. No. 30 -92 -1525, 11 -3 -92; Ord. No. 6 -93 -1535, 6 -1 -93; Ord. No. 7 -94 -1556, § 1, 4- 19 -94; Ord. No. 14 -94 -1563, § 2, 9 -7 -94; Ord. No. 21 -94 -1571, §§ 1 -5, 12- 20 -94; Ord. No. 22 -94 -1572, § 1, 12- 20 -94; Ord. No. 13 -96 -1613, §§ 1, 2, 7- 30 -96; Ord. No. 16 -97 -1637, § 1, 6 -3 -97; Ord. No. 12 -00 -1714, § 3, 4- 18 -00; Ord. No. 27 -01 -1758, § 1, 10- 16 -01) i 20 -3.7 Planned unit developments. (A) General Provisions. 1 (1) Planned unit development shall be so related to general development patterns and the objectives of the city's adopted Comprehensive Plan as to provide.for the comfort and convenience of occupants, facilitate protection of surrounding neighborhoods and alleviate traffic congestion. _ a -(2Y--' Housing; commercial "uses; servide_ facilities aiid pHA61pal places of employment .for and in planned unit developments shall be related either by physical proximity or by major street networks and rapid transit to promote these objectives. supp. No. 7 62.2 i ZONING REGULATIONS 20 -3.7 (3) Where there are conflicts between the planned unit development regulations con - tained in this section and other sections of this Code, the regulations in this section shall apply to all planned unit developments approved as special uses after the effective date of this Code, unless the city commission determines in a particular case that: (a) The regulation fails to serve public purposes to a degree at least equivalent to general city zoning regulations or other requirements; or (b) Actions or other solutions proposed by the applicant, although not literally in accord with the regulations of this section, satisfy public purposes to an equal or greater degree. (B) Basic Requirelneitts, (1) Unity of Title Required.* a I i "Editor's note —Per instruction from the city; section 3 of Ord, No. 2:3 -99 -1697 has been added as 3.7(B)(1), and subsections (B)(1) -4 B)(17) have been renumbered as (B)(2)— (B)(1S ). Supp. No. G 62.3 (4) Traffic Flow and Control: (a) Traffic flow to and from the development shall be so designed that it will not intrude on local streets in nearby residential areas. (b) Traffic flow to and from the development shall be designed to retain the major j portion of such traffic on arterial and collector streets. (c) Adequate ingress and egress to the development shall be required and shall be measured by acceptable traffic engineering projections, methods and standards in i. Safety and convenience of vehicle traffic entering and leaving the site.' ii. Safety and convenience of pedestrian movements in relation to vehicular traffic. Supp. No. 5 63 ZONING REGULATIONS 20 -3.7 s (a) A Unity of Title asset forth in Section 20 -5.16 shall be required for all Planned Development Projects. (2) Density: (a) The intensity in planned unit development districts shall be governed by those densities and intensities established for the zoning district or districts involved and the-city's adopted Comprehensive Plan. (b) If more than one (1) residential zoning district is involved, the maximum number of dwelling units shall be the combined amount permitted in all of the districts, with each district calculated separately according to its site area times the permitted density. (3) Site Characteristics: (a) The site shall be suitable for development in the manner proposed, without potential hazard to persons or property on or off -site, from flooding, erosion, subsidence or soil slippage, or other dangers, annoyances or inconveniences. (b) Soil condition, ground water level, drainage and topography shall be appropriate for the type and pattern of use intended. (c) The site shall meet all requirements for development under the South Florida i Building Code and other applicable city, county, state and federal regulations. {, (d) Site division: i. If appropriate to the form of planned unit development, lands to be included in the planned unit development may be divided by public or approved private streets, alleys, paths, bicycle paths, people movers, rights -of- vay or _._ easements. H. The site shall be located and arranged to permit unified planning and development, and to meet all requirements, as well as provide necessary protection against adverse relationships between or among uses in the planned unit development and uses in surrounding areas. (4) Traffic Flow and Control: (a) Traffic flow to and from the development shall be so designed that it will not intrude on local streets in nearby residential areas. (b) Traffic flow to and from the development shall be designed to retain the major j portion of such traffic on arterial and collector streets. (c) Adequate ingress and egress to the development shall be required and shall be measured by acceptable traffic engineering projections, methods and standards in i. Safety and convenience of vehicle traffic entering and leaving the site.' ii. Safety and convenience of pedestrian movements in relation to vehicular traffic. Supp. No. 5 63 20 -3.7 SOUTH MIAMI LAND DEVELOPMENT CODE iii. General access of residents, employees and visitors to, from and within the site. iv. Access to and withSn the site in t—he event of fire, crime or other emergency or catastrophe. V. General traffic flow and control, with determinations to be based upon existing street patterns, or future improvements as they may be decided as a condition of approval. (d) Where rapid or mass transit is a major consideration, the relationship of such facilities shall be a part of consideration of traffic flow and control.- (5) External Relationships. (a) Scale shall be such that careful consideration be given to the relationship of the development to nearby -uses and structures, and to the manner in which the development will impact the city and surrounding areas. (b) Site planning shall protect surrounding areas from potentially adverse impacts and influences of the development. (6) Screening and Buffering. (a) Yards, fences, walls or vegetative screening shall be provided and maintained at edges of developments to protect occupants from undesirable views, lighting, noise or other deleterious off -site influences and to protect nearby residents and businesses from similar adverse influences. (b) In particular, screening may be required for off - street parking and loading - areas, refuse storage and collection- areas and intensive recreational areas. (7) Off - Street Parking and Loading. (a) Off-street parking shall be provided in such locations and amounts that residents, visitors and employees of the development arriving by vehicle will not have to park in non - planned development - related parking facilities. (b) Off- street facilities for the loading and unloading of goods and products shall be provided in locations and amounts that such activity can be conducted off public streets without inconvenience to vehicle flow into and from the development and without inconvenience to vehicular parking. (c) Determinations as to the location and amount of off - street parking and loading shall consider: 1 i i. Rapid or mass transit potential to and from the site and standard traffic engineering projections, principles and practices. -- ii.:-- The relationship of -off street parking arid' loading" facilities - to adjacent streets, as they presently exist or as they may be improved or patterns changed as a condition to granting approval. iii. Pedestrian circulation and its relationship to proposed off - street parking and loading. Supp. No. 5 64 ZONING REGULATIONS 20 -3.7 iv. Internal traffic flow and control. V. Arrangement of such facilities in relation to fire, crime or other emergency or catastrophe. vi.. Screening or landscaping of parking or loading areas to minimize the visual impacts of such facilities. (8) Signs and Lighting. (a) The number, size, character, location and orientation of proposed signs and lighting shall be as necessary to ensure the safety of vehicular and pedestrian traffic. (b) Lighting and signs shall be such as to provide for compatibility and harmony with nearby and adjacent properties and the general character of the surrounding area. (c) Following final approval, the city shall erect and maintain all street name signs and traffic- control signs for public streets. (9) Service Areas. (a) Refuse and service areas for a planned unit development shall be designed, located, scaled and screened in a manner which minimizes impacts on surround- ing properties or adjacent public rights -of -way. // (b) The manner and timing of refuse collection or other service delivery activities shall be arranged so as to minimize impacts on surrounding, properties or adjacent public rights -of -way. (10) Control of Potentially Adverse Effects. _ (a) The use and occupancy of a p oposed`plaruied unit development .shall -be- - compatible and harmonious with other development in the area, to a degree which will avoid substantial depreciation of the value of nearby y. properties. (b) As the case requires, special remedial measures to eliminate or reduce, to the maximum extent possible, adverse impacts shall be required. (c) Such special remedial measures shall include, but shall not be limited to: i. Screening or buffering; ii. Landscaping; iii. Control or manner of operation; iv. Changes in proposed construction or design of buildings; V. Change in building location; vi. Relocation of proposed open space or alteration of use of such space; vii. Changes in traffic patterns; or _ viii: Improvement of streets:: .. _ .._ .. _ _ _ .:. - -- ... _ : _..__ .. . .. _ (11) Streets, (a) Where improvements in existing street systems, including pavement widening, divider medians, signalization and the like are found by standard traffic engi- Supp. No. 5 65 20 -3.7 SOUTH MIAMI LAND DEVELOPMENT CODE veering projections and methods to be required in connection with a proposed planned unit development, approval of a special use permit for a planned unit development shall be conditioned on arrangements satisfactory to the City and the applicant for the provision of such improvements. (b) Emergency access roads shall conform to standard engineering requirements for emergency vehicle use; utilize proper and sufficient signing and lighting; be designed to minimize interference with other access routes and pedestrian circulation; and, wherever possible, a separate, parallel pedestrian walkway system to all emergency entrances and exits shall be provided. (c) Unobstructed access roadways, easements and other facilities shall be provided in accordance with .the requirements of the Metropolitan Dade County Fire Department. (12) Uses. (a) Planned unit development uses shall form complementary and compatible groupings contributing to the efficiency, safety and convenience of the develop - ment and its surrounding area by its nature, location and design. (b) Applications for approval of a planned unit development may be denied if the proposed development does not contain facilities demonstrated to be completely compatible, or if a particular use or combination of uses proposed would not be appropriate in the location proposed because of the character of surrounding development, the city's adopted Comprehensive Plan or other uses permitted in the applicable zoning district. (13) Building Heights. (a) In determining the height of buildings, where a proposed development is bounded by one or more public streets, plans for such development shall take into account: L The heights of existing structures surrounding the proposed development; ii. The nature and character of development desired by the city in such areas; and iii. The objectives of the city's adopted Comprehensive Plan for such areas. (14) Pedestrian Amenities. The proposed development shall maximise pedestrian amenities along street fronts, such as providing for covered walkways, landscaping and appro- priate street furniture. (15) Transit Availability. Where the location of a development will reasonably relate to rapid or mass transit facilities, the development shall be planned to afford: (a) The fullest opportunities for convenient and safe access to such facilities; and (b) The greatest safety and convenience compared with other possible major points of access to and from the development: (16) Spatial Relationships. The site plan for a proposed planned unit development shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities; for appropriate relationship of space inside and outside of buildings to intended uses and structural and architectural features. Supp. No. 5 66 ZONING REGULATIONS. 20 -3.7 (17) Open Space. Within every development, open space shall be permanently provided and maintained exclusively for leisure and recreational purposes as follows: (a) Each residential development shall provide at least thirty (30) percent of its total site area as usable private or public open space. i. At least one -half of the open space above shall be contiguous. ii. Active open spaces shall be at least twenty -five (26) feet in width at their narrowest dimension. iii. Passive open space may be of any size or shape. (b) The following areas shall not be considered as usable open space: i. Parking areas and driveways; ii. Buildings and structures; iii. Private ownership areas; and iv. Street surface areas. (18) Sidewalks. (a) Any second level connector from the development to the MetroRail Station shall be constructed in.` accordance with the PUD agreement. (b) To the greatest extent possible, all sidewalks shall be located at the right -of -way line. (c) All sidewalks shall be modified to accommodate the handicapped. (C) Types of Planned Unit Developments. (1) Planned Unit Development.— Residential (PUD -R) (2) Planned Unit Development — Mixed Use (PUD -M) (3) Planned Unit Development — Hospital (PUD -H) (D) Residential District (PUD -R). (1) General requirements. (a) A PUD -R district may be established for planned residential development and redevelopment. (b) Such development' shall be subject to the general procedures of this Code applicable to all planned unit developments, as well as the requirements of this section. (c) Establishment of a PUD -R district shall consider. i. General housing needs and requirements in the City as a whole; ii. Housing needs in the area in which the PUD -R district is proposed and; - iii. Housing, needs :of a particular' type. (2) Uses and structures. (a) Principal and accessory uses and structures may be permitted in PUD -R developments, subject to the limitations and requirements herein. Supp. No. 5 66.1 20 -3.7 SOUTH MIAMI LAND DEVELOPMENT CODE (b) - Uses and structures in a PUD -R district generally shall be permitted as follows: i. Residential dwellings; ii. Public and private schools; iii. 'Houses of worship; iv. Social, recreational and cultural facilities, such as neighborhood or commu- nity centers, game rooms, libraries, swimming pools, tennis courts and the like; and V. Structures required for the operation of utility, performance of governmental functions, or performance of any function necessary for a PUD -R develop- ment. (c) In multi- family residential buildings or complexes of at least seventy -five (75) dwelling units, establishments may be permitted for the sale of convenience goods, eating and drinking places and professional services, provided that: i. The total floor area occupied by all such uses shall not exceed ten (10) percent of the residential floor area of such building or complex; ii. I Such establishments shall be designed, scaled, oriented and located so that they meet only the requirements of occupants of the development and their guests; and iii. There shall be no signs or other evidence of such establishments when viewed from adjacent rights -of -way. - (3) Minimum, land area for PUD -R development shall be two (2) net acres. (4) When adjoining a single- family residential district, a landscaped buffer area of not less than twenty (20) feet in width shall be provided. (5) Except along boundaries where a PUD -R district adjoins a district permitting the same or greater heights within similar areas, no portion of any building in a PUD -R development shall project through imaginary planes leaning inward from the PUD boundaries at a forty -five (45) degree angle. (6) Walkways. (a) Walkways within the planned unit development shall form a- logical, safe and convenient system for pedestrian access to all dwelling units, appropriate project facilities and principal off -site pedestrian destinations. (b) Open air walking distances between dwellings and parking, delivery and refuse j areas shall not exceed two hundred fifty (250) feet. (c) If the planned unit development is primarily for elderly housing, such distances shall not exceed one hundred fifty (150) feet. Supp. Igo. 5 66.2 ZONING REGULATIONS 20 -3.7 �i (E) Mixed Use (PUD -M). M General Requirements. — (a) A PUD -M district may be established for complementary and compatible combi- nations of commercial, office, hotel or motel, multi - family residential and similar uses directly located and related to the MetroRail station. (b) Such planned unit developments shall be subject to the general procedures, stan- dards -and requirements of this Code applicable to all planned unit development, as well as the requirements of this section: (c) The closest major entrance to any proposed PUD -M development shall be not less than twelve hundred (1,200) feet from the MetroRail station, as measured along the shortest route to accommodate largest number of pedestrians. (2) Uses and Structures. (a) Principal and accessory uses and structures may be permitted in PUD -M devel- opments, subject to the limitations and requirements herein. (b) Specific uses and structures in a PUD -M district shall be as follows: i. Multi- family residential dwellings; ii. Hotels and motels; iii. Child care centers; iv. Houses of worship; V. Vocational schools, business colleges and similar uses; vi. Private clubs and lodges; vii. Professional and business offices, medical and dental clinics and offices and travel agencies-, viii. Banks and savings associations; ix. Retail stores, except those dealing in used merchandise other than antiques; x. Business and personal service and repair establishments; xi- Eating and drinking places; xii. Cultural or recreational facilities; xi.ii. Parking lots and structures, subject to controls to insure parking integrity of . the development; xiv.. Uses other than those listed above, required for the performance of govern- ment, except uses involving storage as the primary purpose; and xv. Structures and uses relating to the operation of public utilities and required to serve the development and neighboring areas; transit or related facilities other than yards, storage, switching or repair shops. t3 } - "The ininiznuri site area for aPUD -M development shalhlae Four (4) .net "acres." (4) MetroRail Station Access. (a) MetroRail station accessways may be required at second or third floor levels within the development where necessary to avoid pedestrian/vehicular conflicts. 67 20 -3.7 SOUTH MIAMI LAND DEVELOPMENT CODE (b) Consideration shall be given in designing such accessways for their possible use by buildings and activities in the general area, but not a part of the planned unit development. (5) Approval of a PUD -M district shall not be given until arrangement for providing off-street parking and loading in speck amounts and locations are agreed upon by .the city and the applicant. (6) Uses in PUD -M developments shall be so arranged horizontally and vertically that: .(a) Retail and service uses shall be concentrated for maximum pedestrian conve- nience and be located for easy accessibility by visitors and employees working in the development; (b) Residential access shall be separated from other access to the development; (c) Office uses shall be located so as to prevent interruption from all other uses; and (d) Loading zones shall be located so as to prevent interference with pedestrian movements. (F). Hospital District (PUB -H). (1) General Requirements. A PUD -H district may be. established for complementary and compatible combinations of hospitals, medical offices, laboratories and related edu- cational facilities and other support services. Such development shall be subject to the general procedures and requirements of this Code applicable to all planned unit developments, as well as the requirements of this Section. (2) Uses and Structures. (a) • Principal and accessory uses and structures may be- permitted in PUD -H devel- opments, subject to the limitations and requirements herein. (b) Specific uses and structures in a PUD -H shall be the following hospital and accessory uses: i. Intermediate care facility; ii. Extended care facility; iii. Medical clinic; iv. Medical offices; v.. Laboratory and research facility; vi. Medical educational facilities; vii. Hospital support facilities including a laundry, cafeteria, dietary services, child care, staff and offices and data processing; viii. Convenience facilities for hospital staff, patients and visitors, including chapels, snack bars, gift shops and florists; and ix. Any other uses determined as part -of the-PUD -H application;" tote coriipat ible with the existing and/or prospective character of the proposed develop• ment and surrounding area. (c) Accessory uses, such as convenience facilities, which may provide services to 'members of the public not associated with the hospital and/or to members of the "M OTHER REGULATIONS 20-4.1 ARTICLE IV OTHER REGULATIONS 20-4.1 Adequate public facilities and services. (A) Purpose. A development permit, Certificate of Completion (CC), Certificate of Occu- pancy (CO), or Certificate. of Use and Occupancy (CU) shall not be issued when level(s) of service (LOS) for public services and facilities do not meet or exceed LOS Standards, or when the issuance of a development permit and/or CC and/or CO and/or CU would result in a reduction of the actual LOS for any service or facility below the established LOS Standards, as specified below. (B) Applicability and Application: (1) New Development on Vacant Land. For new construction projects, concurrency deter- minations shall be made in conjunction with the earliest development approval which involves a site plan for development. (2) Building Additions and New Development on Occupied Parcels. Any addition which increases gross floor area by 5,000 square feet or more and increases public facility usage shall be subject to concurrency review prior to granting of the CC or CU. Only incremental increase in facility capacity usage over existing usage will be assessed for concurrency, (3) Changes of Use on Occupied Parcels. Changes of use which increase required parking by 25 spaces shall be subject to concurrency review prior to° granting a CU. Only incremental increase in facility capacity usage over existing usage will be assessed for concurrency. (4) Exempt Projects. The following kinds of development and redevelopment shall not require a concurrency review per this subsection: (a) Change of Use to Another Similar Use: Any change of use which clearly causes no increase in demand upon any public facility, or causes a reduction in demand on all public facilities, and does not increase the number of required parking spaces in excess of 25 parking spaces; (b) Residences: Single- family and two - family dwellings on previously platted lots or as part of waivers -of -plat; (c) Public Uses: Development such as a public or government facility which the City Commission finds essential to the health or safety of City residents; and (d) Existing Approvals: Projects considered as vested or committed and/or site plans approved before adoption of the Land Development Code on October 26, 1989. , (C) LOS Standards. (1) Streets. (a) South Dixie Highway (U.S. 1): Until December 31, 1995, the peak hour LOS standard shall be 115 percent of the peak traffic count in 1989. After December 31, 1995, the peak hour LOS standard shall be 150 percent of "D" capacity, as defined in the adopted Comprehensive Plan. Supp. No. 2 71 20 -4.1 SOUTH MIAMI LAND DEVELOPMENT CODE (b) Bird Road (S.W. 40th Street) The peak hour LOS standard shall be 120 percent of "E" capacity. (c) Principal and Minor Arterials (Sunset Drive, Red Road, Kendall Drive): The peak hv�:r LON standard shall be "F" capacity, as defined in the adopted Comprehen- sive Plan. (d) Collectors (S.W. 48 Street, Miller Drive, S.W. 62nd Avenue, and Ludlam Road): The peak hour LOS standard shall be "E" capacity, except that County collector roadways in the adopted Urban Infill Area are exempt from concurrency review requirements. (e) DRI Exception: The City will not issue any permit which would have the effect of lowering the LOS below the levels specified above, unless such permits are issued pursuant to a Development of Regional Impact (DRI) approval. granted prior to adoption of the 1989 South Miami Comprehensive Plan on January 18, 1989. M RID Exception: The City will not issue any permit which would have the effect of lowering the LOS below the levels specified above, unless such permits are issued for development and/or redevelopment within an approved Redevelopment and Infill District (RID). (g) De Minim.is Impact Exception: The City will not issue any permit which would have the effect of lowering the LOS below the levels specified above, unless such permits are issued for development. and/or redevelopment which meets the conditions in Chapter 163.3180(6), Florida Statutes, and/or in Rule 9J- 5.0055, Florida Administrative Code. (2) Sewage. (a) The disposal systems shall operate with a design capacity of no less than 2 percent above average daily flow for the preceding year, or as determined to be sufficient by Metro -Dade County. (b) The County system maintains capacity to collect and dispose of 100 gallons of sewage per capita per day. (c) For the unsewered properties, LOS shall be the issuance of a Metro -Dade Health Department septic tank permit. (3) Water. (a) The water system shall operate with a rated capacity of no less than 2 percent above the maximum daily flow for the preceding year, or as determined to be sufficient by Metro -Dade County. (b) Water is delivered to. users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Minimum fire flows shall be maintained as approved by the Metro -Dade Fire Department. (c) The County system maintains capacity to deliver up to 200 gallons per capita per day. Supp. No. 2 72 OTHER REGULATIONS 20-4.1 (4) Drainage. Any development shall adequately accommodate runoff from the 1 -day, 1 -in -10 -year frequency storm. (5) Solid Waste. The County solid waste disposal system shall maintain a m�namum capacity of five years, or capacity as determined by Metro -Dade County to be sufficient. A generation rate of 7 pounds per person per day may be used for calculation. (6) Recreation. The public (City and School Board) park land within the City shall equal at least 4 acres per 1,000 population. This shall include the School Board recreational land. (D) Concurrency Review Procedures. (1) Responsibility. The Building and Planning Department is responsible for concurrency as part of the development permit process. (2) Measurement of LOS. Measurement and evaluation of LOS shall follow these regula- tions, as necessary for approval. The capacity and availability of services shall be determined by the following approach, which is based upon 9J- 5.0055, Florida Administrative Code: (a) Adding together: i. Total design capacity of existing facilities operating at the required LOS; ii. Total design capacity of new facilities that will become available concurrent with the impact of the development and/or change of use; iii. Total design capacity of new facilities under construction at the time of CO approval; iv. For recreational facilities; total design capacity of new facilities that are the subject of a binding, executed contract for construction of facilities to be completed within one year, of the time the CO is issued; V. For roadway facilities, total design capacity of new facilities that are the subject of a binding, executed contract for construction of facilities to be completed within three years of the time the CO is issued; vi. For roadway facilities, total design capacity for new facilities that have been included in a financially feasible five -year capital improvement program and construction is scheduled for the third year or earlier; vii. Total design capacity for new facilities that are guaranteed at a specific time in an enforceable development agreement, which may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, and development orders pursuant to Chapter 350, Florida Stat- utes, with construction to' begin within three years of CO issuance for roadway facilities and within one year of CO issuance for recreational facilities; and - viii.— -T tal- credits for _dAy exception (including full exemptions, such as RID concurrency approvals), where the City Commission has granted such an exception, based upon those terms specified in Chapter 163, Florida Stat- utes, and related Florida Administrative Code rules. Supp. No. 2 73 20 -4.1 SOUTH MIAMI LAND DEVELOPMENT CODE (b) . Subtracting from that number the sum of- i. The demand for the service created by existing development, as evidenced by current use; and ii. The demand for the service (by phase or otherwise) that will be created by the anticipated completion of all currently approved developments, includ- ing the subject development under evaluation. (3) Determination of Concurrency. (a) County Concurrency Requirements: Metro-Dade County approval is required via the permit process for all County impact fees which currently include roadway, fire, water, sewer, and public schools, as amended. (b) For Water and Sewage: Concurrency shall be evidenced by the approval'.of appropriate County and Florida State agencies for water, sewage, and/or septic tanks. (c) For Solid Waste: Concurrency shall be evidenced by the renewal of contracting with Dade County Public Works. (d) For Drainage: Concurrency shall be. evidenced by compliance with South Florida Building Code standards. (e) For Recreation: Concurrency shall be evidenced by evaluation of population and the park land inventory. (f) For Traffic: Concurrency shall be evidenced by annual evaluation of roadway capacity and available LOS. (4) Calculation by Either City or Applicant. Calculations may be performed either by the applicant or City; the City shall verify all applicant calculations. (5) Concurrency- Review Fee. An applicant may be charged a concurrency review deposit. This will be used to defray the cost of the determination of concurrency including any consulting fees; the deposit amount shall be defined in the City's Fee Schedule. (E) Concurrency Rights Reservation and Effective Period. (1) Capacity Reservation. Permits shall be chronologically logged upon approval to determine reserved capacity. (2) Reservation Period. Capacity is considered as reserved until issuance of a CC and/or CO and/or CU for a project. Projects must be completed to preserve any concurrency reservation. Otherwise, whenever development permits issued for projects expire, then concurrency approvals expire with the permits. (3) Extensions. An extension of six months may be granted by the City Manager (or a designee) if the applicant presents in writing the circumstances for an extension. Applicants may appeal the City Manager's decision to the City Commission. (4) DevelopmentAgreements. Development agreements, as described in Chapter 163.3220, "Florida Local Government Development Agreement Act" [Florida Statutes], shall have a valid concurrency period not to exceed five (5) years or as extended by mutual consent of the City Commission and the applicant. (Ord. No. 7 -96 -1607, § 1, 5 -7 -96) Supp. No. 2 74 20 -5.12 (7) (8) (9) PROCEDURES AND APPLICATIONS Lighting and irrigation systems; Fences and walls; Storm sewers; and (10) Dumpster locations. (1) Proposed Landscape Plan. The following landscaping information shall be submitted: (1) Proposed trees, shrubs, grass and other vegetation including their location, height, shape, size and type by both common and botanical classifications. (2) Proposed berms, watercourses and topographic features, including their location, height, size and shape. (J) Proposed Buildings and Structures. All proposed structures, fences and walls shall be shown in elevation drawing reflecting their location, size,. color, height and construction material (K) Tabular Summary. A tabular summary, as required by the building and zoning department, shall be submitted. (L) Expiration. Final approval by ERPB shall lapse after six (6) months if no permit is issued, except as may be extended by the ERPB for a period not to exceed six (6) months. (Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 3- 94- 1552, § 1, 3 -1 -94; Ord. No. 12- 96- 1612, § 7, 7- 30 -96; Ord. No. 19 -96 -1619, § 8, 10 -1 -96) 20 -5.12 Planned unit development approvals. (A) Review Procedures. Upon receipt of a complete application for the approval of a planned unit development, the building and zoning department shall. review the application and submit its findings and recommendations to the environmental review and preservation board within thirty (30). calendar days from receipt of the application. All procedures and requirements specified below shall apply to applications for planned unit developments. (B) Environmental Board Review. (1) The board shall, within thirty (30) calendar days following receipt of the complete application and staff recommendations, formally meet and consider the preliminary development concept plan for the proposed planned unit development. (2) Prior to such meeting, the board may meet with the applicant to review the request at a. special meeting. (a ) _ Three (3) working days notice of such meeting shall be given by posting notice at City Hall. (b) The board, at the chairman's discretion, may consider questions from the public. Supp. No. 5A 118 PROCEDURES AND APPLICATIONS 20 -5.12 (3) Preliminary development concept plan review may occur only at-a special or regular board. meeting, subject to three (3) working days notice. (4) The environmental board shall make -a recommendation on the application at least seven (7) calendar days prior to the date of the scheduled planning board public hearing. (C) Planning Board Action. (1) Within forty -five (45) calendar days after receipt of an application, the planning board shall hold a public hearing on the application. (2) Notice of such hearing shall comply with all requirements of state law and this Code. (3) Within fifteen (15) calendar days after such public hearing, the planning board shall transmit its recommendations to the city commission. (D) City Commission Action. (1) Within ninety (90) calendar, days of receipt of the recommendations of the planning board, the city commission shall hold a public hearing on an application for a planned i- unit development. (2) Notice of such hearing shall comply with all requirements of state law. (3) The city commission shall approve, deny or approve with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the planned unit development regulations contained in Section 20-3.7-of this Code. (E) Final Plans and Reports. (1) Final plans shall be in accord with preliminary plans as approved by the city commission. (2) Minor changes may permitted by the city manager, if such changes meet the same physical design requirements as the approved final plans. (F) Changes in Final Plans and Reports. (1) Major Changes. (a) Any proposed change which would have the effect of increasing densities or redistributing square footage or altering the height or use of a development is a major change.. (b) _ An applicant for a-- major - change shall. schedule a preliminary conference with the building and zoning department. The department may accept the application, . recommend changes to the application or deny the application. i Supp. No. 5A 119 20 -5.12 (2) (c) PROCEDURES AND APPLICATIONS Upon acceptance, the application shall be further considered at another preliminary conference with members of the environmental board, a representative from the department and the applicant. (d) The application shall then be completed and submitted to the environmental board for consideration. The environmental board shall submit recommendations for approval, approval with conditions or denial to the - planning board within seven (7) calendar days of its review. (e) The planning board shall receive a complete application and the department shall post and publish public hearing notices. Public hearings shall beheld before both the planning board and city commission. (f) If the application is approved by the city commission, it shall be submitted to the environmental board for final aesthetic approval. Minor Changes. (a) Applications for a minor change shall be submitted to the building and zoning department. If the director agrees that the change is minor, he or she shall report on the application to the city manager. (b) The city manager shall make a final decision on the application and communicate the decision to the applicant. The director shall place a copy of the application and decision in the planned unit development file. If the city manager approves the application, notice of the approval also shall be transmitted to the city commission..__ .- ..__.___.. ....__ .................._....._ (c) A fifteen (15) day waiting period shall apply for all minor changes. (G) Application Requirements. Applications for approval of a planned unit development shall include: (1) Required Documents. All plans, maps, designs, studies and reports which may reasonably be required to make the determinations required by these regulations. (2) Ownership Report. A report identifying all property ownership and beneficial interest within the boundaries of the proposed planned unit development and giving evidence of unified control of the entire area. (a) The report shall state agreement of all owners or holders of beneficial interest to proceed with the proposed development according to the terms of any final special permit approving the planned unit development, including such modifications as may be set by the city commission; and The re ort shall conkini ' in` -the rocess of develo ment to the" relimiri _ (b) P P P � p ary development concept plan and to proposals for staging of development Supp. No. 5A 120 PROCEDURES AND APPLICATIONS 20 -5.12 (3) i Property Survey. A survey of the proposed development showing property lines and - ownerships; and existing features, including streets, alleys, easements, utility lines, existing land use, general topography and physical features. (4) Preliminary Concept Plan. A preliminary concept plan which shall include: (a) Names of proposed development, developer and planner. (b) Scale (1 °' = 20'), date, north arrow. (c) Location, height, floor area, residential density of existing structures, if any; and location, orientation, height, floor area, residential or other density, and use of proposed structures or portions of structures. (d) Conceptual site plan, floor plan and elevations of all buildings, uses and improvements as intended to be located, constructed and used. (e) Points of egress and ingress for pedestrian, vehicular, transit and service traffic, and circulation patterns within and around the proposed development. (f) Location, character and scale of parking and service facilities (area and number of off -street parking spaces, character of mass transit related facilities, Iocation _. of principal service areas for major strictures or complexes, etc.). (g) Relation of adjacent land uses and zoning districts to the proposed planned unit development, including, where view protection is an objective, location of principal public view points into or through the proposed; planned unit development. (h) Existing lots or blocks, if any, and general pattern of proposed lots or blocks, if any. (i) Location of existing and. proposed systems for pedestrian use or common enjoyment (excluding automotive uses); scale of such systems; indication of open space, open air and internal components. (j) Where determined necessary, a professional market analysis and an analysis of the economic impact of the proposed development may also be required. (k) Any additional information deemed necessary. (5) Special. Reports. Special surveys, approvals, preliminary approvals (as appropriate to the particular case) or reports (such as a report for a Development of Regional Impact) required by county, state or federal governments where a proposed planned unit development is dependent upon such special surveys, approvals or preliminary approvals or reports. _ I (6) t Phasing Reports. Where a planned unit development is to be constructed in stages, j Supp. No. SA i 121 20 -5.12 PROCEDURES AND APPLICATIONS indications as to the nature of the planned unit development, uses, location and floor areas, residential or other densities to be developed, and timing of beginning of - development of the first stage; and similar information on succeeding stages; provided, that in lieu of an indication of specific timing, initiation of succeeding stages may be made dependent upon completion of all or substantial portions of earlier stages. (7) Common Area Reports. Proposals concerning the establishment of areas, facilities and improvements for the common use of the occupants or employees of or visitors to the planned unit development shall give adequate assurances to the city that such areas, facilities and improvements will be continued, operated and maintained without future expense to the taxpayers of the city. (8) Restrictive Covenants. Proposals concerning restrictive covenants, if any, to be recorded with respect to property included in the planned unit development- (9) Submittal Requirements. Materials submitted with an application for a major change or a minor change to a previously approved planned unit development shall include: (a) Letter of intent containing statement of need and justification for changes. (b) Copy of approved final plan and report. (c) Copy of proposed final plan and report. (H) Revocation of Planned Unit Developments Approval. (1) Revocation Procedures and Standards: (a) Revocation procedures. Planned unit development approvals maybe revoked by resolution of the city commission. Prior to passing a resolution revoking a planned unit_ development approval, the city commission shall hold at least one public hearing which shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by Section 20- 5.12(D)(2). Prior to holding a public hearing to revoke a planned unit development approval, the city commission shall request a recommendation from the planning board which shall hold its own public hearing on the subject prior to giving its recommendation. The planning board's public hearing shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by Section 20 -5.12 (C)(2). In addition, the owner(s) of record of the subject property shall be notified by registered mail at least sixty (60) days prior to the planning board's first hearing on the subject. If the planning board fails to hold a public hearing. or fails to give a recommendation within one hundred twenty (120) days of being requested by the city commission to do so, then the city commission may proceed to advertise and hold its own public hearing and to take action without the planning board's _- recommendatia rovided -that "the owners of record -bf the subject P () J Property have been notified by registered mail at least once and at least sixty (60) days prior to the city commission's first public hearing. Supp. No. 5A 122 PROCEDURES AND APPLICATIONS 20 -5.13 (b) Revocation standards: In considering a planned unit development revocation, the planning board and the city commission shall evaluate all relevant information which may come to their attention. A planned unit development approval which meets all requirements for approval under existing comprehensive plan and zoning designations applicable to the subject property shall not be revoked. However, there shall be no vested interest in a planned unit development approval per se and any planned unit development approval that is inconsistent with existing comprehensive plan or zoning designations may be revoked; indeed, such inconsistency may be deemed sufficient grounds for revocation of any planned unit development approval. The phrase "any planned unit development approval' in the preceding sentence shall include approvals for projects which have been fully or partially constructed. In the case of such projects, the revocation of the planned unit development approval shall not in any way cancel any vested right which may apply to the already completed buildings and structures themselves. (Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 3 -93 -1532, 5 -4 -93) 20 -5.13 Building permit approvals. (A) General Provisions. (. (1) No person shall erect, construct, reconstruct, excavate for a foundation, alter or change the use of any structure or improvements of land except in conformity with this Code and upon issuance of a building permit indicating what is to be allowed. (2) No construction material and equipment shall be placed on any premises, lot or proposed building site prior to building permit issuance. (3) A building permit shall not be required for any construction, repair or work in single- family residential districts, provided that: (a) No inspection is required by the city; . (b) No approval is required by the ERPB; and (c) All other zoning requirements are followed. (4) Regulation enactment or amendment. (a) No building permit: lawfully issued prior to the effective date of this Code or any amendment thereto and in full force and effect at said date, shall be invalidated by passage of this Code or any such amendment. (b) Such permit shall be valid, subject only to the following: i. Building permit provisions; Supp. No. 5A 123 20 -5.14 (B) (C) PROCEDURES AND APPLICATIONS ii. Applicable- codes, ordinances, rules and regulations in effect at the time the permit was issued; and iii. Expiration of the permit is not less than sixty (60) days from the effective date of this Code, unless actual construction has begun and continued pursuant to permit terms. Procedures. (1) Application for a building permit shall be made to the building and zoning department. (2) Two (2) sets of plans shall be submitted. One set shall be returned to the applicant either as approved or disapproved and the other shall be retained by the city. Expiration of Building Permit. (1) If work authorized by any building perniit has not begun within six (6) months from the date of issuance, said permit shall be considered null and void and a new permit, consistent with all provisions of this Code, shall be required. Construction shall be deemed to have begun at the time of completion of the foundation. (2) If work authorized by any building permit has not been substantially completed within two (2) years from the date of issuance, said permit shall be considered null and void and a new permit, consistent with all provisions of this Code, shall be required. (D) Application Requirements. (1) All applications for a building permit shall contain those plans, specifications and information as required by the South Florida Building Code. (2) All applications for a nonresidential development of five thousand (5,000) square feet or more in area which is required to go before the Environmental Board at apublic hearing shall also submit a scale model of the proposed development. The model shall be at a scale of not less than one inch equal to twenty feet (1" = 20') and at least reflect the following structural and site characteristics: (a) Facade colors, (b) Facade textures, (c) Parking facilities, and (d) Landscaping. (3) Such scale model. shall remain on display in the City Hall throughout the entire application process or for such time as the city may desire. 20 -5.14 Certificates of occupancy. (A) Certificate Required No land shall be used or occupied and no structure shall be altered, erected, Supp. No. 5A 124 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 27, 2004 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Gibson, Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann. Board members absent: None City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in speakers PB -04 -015 (A) Applicant: Codina Development Corp. Location : 6600 -6640 SW 57th Avenue and 5757 SW 68th Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO Planning Board Meeting September 27, 2004 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ACTION: Mr. Mann read the item into record. Mr. O'Donniley presented the staff report. Mr. O'Donniley stated that the applicant is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 409 dwelling units and 12,476 square feet of commercial space. According to the information submitted with the application, the dwelling unit density will be 58.4 units per acre. The floor area ratio for the total proposed project is listed as 1.54. The complex is be called "Red Road Commons ". He explained the current zoning on the subject property is "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District. The applicant is requesting a zone change for the property to PUD -M, Planned Unit Development -. Mixed Use. The current TODD(MU -4) Zoning District permits residential and commercial uses, permits two stories in height and does not limit development with a maximum floor area ratio or units per acre formula. Mr. O'Donniley informed the Board that the Planned Unit Development (PUD) submission is to be considered in two parts. The first is a zone map change ordinance, which creates the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part of the zone map change. The second part is the applicant's request for approval by resolution of the PUD master site plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. In addition, Mr. O'Donniley provided the following development analysis of the project: 1. The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant states that the project site is 1092 feet from the Metro Rail station. Planning Board Meeting September 27, 2004 2. The PUD -M allows a limited number of uses which are listed in Section 20 -3.7 (E) of the LDC. It includes retail establishments and multi- family residential uses being proposed by the developer. 3. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5% of the units as affordable housing units. 4. In order to meet concurrency for recreational facilities the developer must specify in a development agreement that within five years he will pay for or produce 3.7 acres of land for public park or recreational purposes. Mr. O'Donniley then reviewed a formula that can be used to determine the concurrency costs. 5. The proposed rezoning is consistent with and supports the goals and policies of the City's Comprehensive Plan. ( See No. 1, Development Analysis above). 6. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 7. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report ", which calls for mixed use development on this site. (p.33) 8. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force's subcommittee on TODD carried out considerable study on the district. 9. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. Traffic analysis of the current commercial development as compared with the traffic that will be generated by the proposed residential development, indicates that the proposed land use change may actually reduce peak hour vehicle trips generated by this property. However, certain traffic operations and management adjustments will be addressed in the review of the resolution approving the master site plan. The Chairman then called upon the applicant to make a presentation. (Applicant's representative) Mr. Jerry Proctor, Esq Mr. Aris Garcia (Architect) Mr. Marcel Morlote Mr. Tim Plummer Mr. Jeremy Shapiro Planning Board Meeting September 27, 2004 Mr. Proctor began his presentation on the request for rezoning and plan approval of a Planned Unit Development (Mixed -Use) Development for the address 6600- 6640 S.W. 57 Avenue (Red Road and 5757 S.W. 68 Street. He added that Codina Development Corporation ( "Codina" ), the prospective developer requests a district boundary change from TODD (MU -4) to Planned Unit Development Mixed -Use (PUD -M), and concurrent site plan approval for development of the property. Furthermore, he stated that the PUD -M Zoning District encourages complementary combinations of uses, including multi- family residential and commercial uses, within 1,200 feet from any Metro -rail Station. He also indicated that the proposed site plan features considerable pedestrian access and a reduced intensity of development along SW 66 Street, adjacent to the residential community to the north. The proposed intensity of development is compatible with the surrounding area, which included the large FPL transmission facility to the west, retail and industrial zoning and development to the south and southwest, and the higher - intensity apartment and Metro -rail facilities in the area. Mr. Aris Garcia the architect for "Red Road Commons," explained to the Board in- depth the project's PUD submittal He presented the site plan and zoning analysis, numerous comprehensive floor plans, elevations and survey. Mr. Morton then opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker 6556 SW 78th Ter. Supported Mr. Tucker believed that this project can be beneficial to the community and that the City will make this project work. Jay Beckman 6520 SW 65 St. - Mr. Beckman stated his concern for the protection of green space in South Miami. Rev. Gregory Gay, Sr. 6461 SW 59th Place Supported Mr. Gay, Sr. agreed with the project and was looking forward to having it in the community. Ed. O'Reilly 6640 SW 48 St. Opposed Mr. O'Reilly opposed the application and did not support this project because of the potential influx of traffic. Larry Kelly - Supported Mr. Kelly supported the application and believed that the project would benefit a lot of people in terms of work for the residents in the area. Yvonne Beckman 5871 SW 83rd St. Opposed Ms. Beckman did not agree with the building heights of the proposed project. Planning Board Meeting September 27, 2004 Beth Schwartz 6931 SW 62nd Ct. Opposed Ms. Schwartz urged the Board to consider the traffic build -up that may be caused by this project and did not agree with the building heights for the project. Mr. Morton closed the Public Hearing. Motion: Mr. Comendeiro made a motion to recommend approval of the rezoning request, subject to the following four staff conditions: (1) The applicant shall execute a development agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project's PUD master site plan (the PUD Master Site Plan is a separate item to be adopted by resolution.) (2) The applicant shall include in the development agreement: (a) an agreement that within five years the developer will pay for or produce 3.7 acres of land for public park or recreational purposes. (see attached recreational concurrency formula); (b) an agreement that 5% of the multi- family units constructed shall be classified and marketed as affordable housing units. (3) The applicant shall provide evidence of concurrency compliance by submitting to the city the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the city a unity of title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. Ms. Yates seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Illas )