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04-04-05 Item 12South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER JUI-AmeficaCft INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Commission Members From: Maria Davis" City Manager �c ORDINANCE Date: , April 4, 2005 ITEM No. 1A 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 407 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 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 LDC Rezoning March 28, 2005 Page 2 of 7 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 proj ects. 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, a social service agency and a night club. LDC Rezoning March 28, 2005 Page 3 of 7 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 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 site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant has provided a sealed survey indicating that the project site is 1134 feet from the 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 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 site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant has provided a sealed survey indicating that the project site is 1134 feet from the LDC Rezoning March 28, 2005 Page 4 of 7 Metro Rail station.(see attached) 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 407 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. Density- 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. 10. Affordable Housing: The City of South Miami has made a commitment to support and LDC Rezoning March 28, 2005 Page 5 of 7 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 a 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 covered in the review of the resolution adopting the submitted master site plan. LDC Rezoning March 28, 2005 Page 6 of 7 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. J) 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 3.2 acres • Developer must specify in a development agreement that within five years he will pay for or produce 3.2 acres of land for public park or recreational purposes. (See attached formula to determine concurrency costs) STAFF OBSERVATIONS 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. 3. 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 residential development, indicates that the proposed land use change may actually reduce LDC Rezoning March 28, 2005 Page 7 of 7 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. CITY COMMISSION ACTION — FIRST READING 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 3.2 acres of land for public park or recreational purposes; (b) an agreement that 10% of the multi - family units constructed shall be classified and marketed as affordable housing units. (as modified by subsequent changes to the proposed Development Agreement) (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. RECOMMENDATION It is recommended that the requested zone change for the property from "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District to "PUD -M ", Planned Unit Development -Mixed Use District be approved on second reading with the conditions set forth above, as modified by subsequent changes to the proposed Development Agreement. Attachments: Distance from Metro -rail Survey (sealed) Application/Letter of Intent /Location map/ Excerpt Planning Board Minutes- 9 -27 -04 Site Plan / Development Plan Copies of Public Notices MD/DOD /SAY E: \Comm Items \2005\3 -28 -05 Special\Rezoning TODD to PUD -M Abraham Site.doc 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP 6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE 7 ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT 8 DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT -MIXED USE 9 FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE 10 PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE 11 PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES 12 AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO 13 THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; 14 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE 15 16 17 WHEREAS, Application No. PB- 04 -015A was submitted to the Planning Department by 18 Codina Development Corporation, said application requesting to amend the official zoning map of the 19 City of South Miami by changing the zoning use district for property located at 6600 -6640 SW 57 20 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed - 21 Use -4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District.; and 22 23 WHEREAS, the purpose of the change of zoning is to permit construction of a mixed use project 24 including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of 25 commercial space ; and 26 27 WHEREAS, the proposed rezoning is consistent with the Future Land Use Map of the City of 28 South Miami Comprehensive Plan; and 29 30 WHEREAS, after review and consideration, the Planning Department recommended approval of 31 the application with conditions; and 32 33 WHEREAS, on September 27, 2004, after Public Hearing regarding the proposed rezoning 34 application, the Planning Board recommended approval with conditions by a vote of 6 ayes 1 nay ; and 35 36 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 37 and enact the aforesaid amendment. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 40 OF THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties 43 for, changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 44 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use District to the 45 "PUD -M" Planned Unit Development - Mixed Use District said rezoning to be subject to the conditions 46 specified in Section 2 of this ordinance. 47 48 Section 2 That the above change of zoning is subject to the following conditions: 49 50 1) Applicant shall submit a Development Agreement which includes: (a) an agreement that within 51 five years the developer will pay for or produce 3.2 acres of land for public park or 52 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) recreational purposes; (b) an agreement that 10% of the multi - family units constructed shall be classified and marketed as affordable housing units. (2) 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. (3) 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. (4) Additional requirements relating to the approval of the PUD -M Master Site Plan shall be incorporated in the Development Agreement. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2005 APPROVED: MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar E: \Comm Items\2005 \3 -28 -05 Special\Rezoning -TODD to PUD -M Ord.doc 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 D D • 6600 0 5963 5977 6601 co 6364 6351 O o ti ua o 65 635�0� a fi34D La 6345 6340 M 6325 M I O m m' 6669 p 6373 0 , to a u7 go 0 06412 593564156411 s 1 64TH -ST r ■■■■WAPZEi9:■ERr■.■■■■ man min ■r■r ■ 5976 D 5944 D 6401 6401 6400 •6401 6400 6407 6400 6407 6400 ■ 6415 6412 a 6429 WOOD 6429 6426 64 11 6410 6411 6440 6411 6410 6411 6410 4 6443 6443 6442 6446 ¢ 6421 6420 _I 6424 6420 6421 6420 6421 642D Q ■ d 6457 20 6456 6461 6431 6430 6431 6430 6431 6430 6431 6420 0 c��n °m 6420 �,T1 6441 6440 r 6441 6440 3: 6441 6440 8441 6440 ■ 6467 0 6461 a) V) 6501 65D0 65D1 65DO 6501 6500 6501 650D 6501 `8505' 650D 6501 -6511 6510 6511 8510' 6511 651D 6511 6510 Cz &519 0 6516 0 ss 0 6532 D too 652Y 6520 6521 6520 gr�1 6520 6521 6520 m 6533 SO 6551 m 0 6531 6530 6531 6530 6531 6530 I 6531 6530 ■ 5987 6540 6 'D 0 0 0 m to 5675 6540 5643 6540 6541 6540 6541 654D ■ o SW 66TH ST ■ 974 ■ D D • 6600 0 5963 5977 6601 co O N O co 6647 N to La 0 CDin ) M Mko m M kn m 0, m m' 6669 Lo m w u) i0 40 u7 go 0 m w a s a b to a ■ SUBJECT r 'r r PROPERTY 6,701 . m a s9sT 5949. ■ a r , 5950 m o m m a 5a�a • 5$195 0 5[gC c w pC, o o 0 9~ CD w s �� 50 O ■ r ,0 0 �� T'Qd �>> .,l i 6845 1° 516 S 691H S LO `� sT 5810 c !!Q r o 6900 59ti 586 ass 5842 I ae r 5850 5821 G, o S ■ `b c M ■ 0 h� ■ ' 5630 t ■ CA S ■ m ■ o r 0 300 600 9D0 1,200 1,500 Feet City of South Miami. Planning &Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 6664591 AL 2 8.2004, Application for Public Hearing Before'Planning Board & City Commission or 5uoJect rr0perty:ti600 – 6640 SW 57 • I Meets & Bounds: Applicant: CODINA DEVELOPMENT CORPORATION Kepresentative: . IJERRY B. PROCTOR, ESQ. Address: 200 SO. BISCAYNE BLVD., SUITE 2500 MIAMI; FLORIDA 33131 Property Owner. ANTHONY R. ABRAHAM Mailing Address: 6600 SW 57 AVENUE MIAMI, FLORIDA 33143 ArchitectlEngineer: ARTS GARC'IA Lot(s) Block Subdivision PB . SEE ATTACHED SURVEY Phone: (30s Organization: Phone: Signature; A .�uF Phone: 3.d_5- -C '57- Phone: 305 - 666 -5474 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: PL�ASE LE CHECK ALL THAT APPLY:' Text Amendment toLDC _ Variance Letter of intent X Zoning Map Amendment: _BpeciaL.Use -.. -.. _X.,lustifica #lops fQ�charage- = - X PUD Approval •. , — Special Exception Statement of hardship P.UD Major Change. —Other X Proof of- ownership or letter from owner _ Power of att&ney Briefly ex lain a lication and cites specific Code sections: _ Contract to purchase SEE ATTACHED LETTER OF INTENT k Current survey (1 original sealed and signed/1 reduced copy @ 11" x.1 T') 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 4: 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, best of the app cant's Imowledge and belief. • C�rPc,rtr?-rc, -a . . 6 ' -• - — _- • -. _ .. ..._ �.a e•�. ' -' . _ . --------------- - -- 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 compli ance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed - Petition Required Method of Payment 1731901137074 685595 v 1 717 ZIAA �.Ae at♦ Date of PB Hearing Petition Accepted Date of Commission City of South Miami PIanning & 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 Meets & Bounds: Property.5757SW 68 STREET LULkS) .tsiocK • • SuDalvislon PB SEE ATTACHED SURVEY Applicant: Phone: COOINA DEVELOPMENT CORPORATION Representative: Organization: JERRY. B. PROCTOR, ESQ.. Address: Phone: �' 2f `} 200 SO. BISCAYNE BLVD., SUITE 2500 MIAMI, FLORIDA 33139 Property-.Owner Signature: COMMERCE LANE ENTERPRISES, INC. Mailing Address: Phone: 5757 SW, 68 STREET MIAMI, FLORIDA 33143 dos --707 S',76 Architect/Engineer. Phone: 3D5- 666 -5474 ARIS GARCIA I AS THE AP Owner. NT, PLEASE INDICATE Owner's Representative X 'UK RELATIONSHIP TO THIS PROJECT: - Contract to purchase- ..Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FQLLOVI PLEASE CHECK THE APPROPRIATE ITEM: -Text Amendment to LDC Variance X' ZoniM MP_ Amendment - 5peclal Use_ X PUD Approval . _.Special Exception PUD Major Change Other Briefly explain a ' lication and cite specific Code's eictions: I.SEE ATTACHED LETTER OF INTENT Section: Subsection: Page #: • Amended Date: .SUBMITTED MATERIALS - PLEASE CHECKALL THAT APPLY: X Letter of intent =Z Justrfications•for change: Statement of hardship Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase Current survey (1 original-sealed and signed/1 reduced copy @ 11" x*17 ") 7 copies of Site Plan and Floor Plans reduced copy @ 11' x 17" _ 20% Property owner signatures iC Mailing labels (3 sets) and map Required Fee(s) Z The undersigned has.read this completed - appli cation and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief. • Cioc�+cirtb, ©cre- (npm•P.�#- c�- pvla.n� .. .. . Applicant's bignature and title Date U p on receipt, applications 'and all submitted materials will be reviewed for. compliance with the Land Development Code and oi$er ' applicable registrations. Applications found not in compliance wn11 be rejected and returned to th-e applicant OFFICE USE ONLY: Date Milk' Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pa ment \7319D1137071 � 685596 v 1 7!16/04 148 PM BlIZIN SUMBE:jRr, BAENA PRICE & AxELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 • MIAMI, FLORIDA 33131- . S340 TELEPHONE: (305)374 -7980 - FAX: (30S) 374-7593 E-MAIL.' INFOOSILZIN.CDM • %MW.SILZIN.COM JERRY B. PROCTOR, ESQ. DIRECT DIAL: (305) 350-2351 EMAIL: JPROCTOR@BILZIN.CC)M July -2$, 2004 Hand Delivery Mr. Don 0'DonijUeY,.A-ICP, Planning Director City of South Maim, 6130 Sun-set Drive Souffi.miam-', Florida 33143 Re: Zoning Application by Codina Dev6lopmelit -Corporation. Address: 6600-.6640 S.W. 57 Avenue (Red Road) and•5757 S.W. 68 Street.' Dear Mr. O'Donnil. Please-accept the attache-d.applicatloh for. rezoning and plan.'appro�val of. a Planned Unit Development (Mixed -Use) Development on ' the ' a above-styled Properly. The undersigned represents Codina Development -Corporation ("Codina"), prospective developer of approximately 7'acres of land located at the sbuthwest corner of SW 66 Street and SW 57 Avenue (Red Road). Codina hereby requests a district boundary change from TODD W-4) to Planned Unit * "Development , Mixed -Use (PUD M), and concurrent site plan approval for development of the Property. Enclosed herewith please find L the 'requisite appjication fee City -of South Maini. application forms, . proof of - ownership - -of - - i proe I-7— owner notification affidavit, common area report, and-copies Of the-proposed plans for• the mixed-use development on the Property. 1732601215311 # 697239 v I MUM 2:18 PM BILZIN SUMHERG BAEMA PRICE & AXELROD LLP Mr. Don O'Donniley, A.ICP July 28, 2004 Page 2 t. 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 S 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 forredevelopment including flexible building heights and designs standards` -tQ 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 ofuses, including multi- family residential and commercial uses, within 1,200. feet from any ._ ___ • ___�.ei�.raiLStation�L� aye: enclosed_an_aerial_pho:tagraph.. from; IY.Iiarbi= D.ade_Couni�.�.:.::_: which. indicates an approximate distance of 1,092' feet between the property and the South Miami Station of Miami -Dade County's Metrorail Corridor. BILZIN SUMBERG BAENA PRICE & AXELROQ LLP Mr. Don ODonniley, AICP July 28, 2004 Page 3 I 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: tran.smissio:d 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 your " Jerry B. Proctor - JBP:id Encl. c: Maria Davis, City Manager =I t ' BUILDWG C • Is RIES I am Q m •0 r I i I _ me M'3 y.n�.+i or 's!'zi; '_•• :(�1 � 3, . ' =� t .. q '�, .,3} •+.0 'l 4 '.'7.. A5. Z' '4 � Aw �` .aa ��' �'3t. �7 �a.�a:•1 :i3 ��_ 4.�ni.�Ma. =may �s lr" ,.. '^ r � I I AY���J•- •3"y' ?I:F:'¢ :d; � . 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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 ) MIAMI DAILY BUSINESS REVIEW CITY 01 Published Daily except, Saturday, Sunday and Legal Holidays PURL Miami, Miami -Dade County, Florida ;. STATE OF FLORIDA NOTICE IS'HEREBY given that the City.Co COUNTY OF MIAMI -DADE: Miami, Florida ,will hold r a Special City. Monday, =March 28,;;2005 beginning at Before the undersigned authority personally appeared hearings to consider legislatiomon theitetr O.V. FERBEYRE, who on oath says that he or she is the proposed Planned •Unit' Development, ='f :Commons" located'- at'6600 -6640 "SW _5; SUPERVISOR, Legal Notices of the Miami Daily Business Street. The public heanngs =will ;be, he Review f/k/a Miami Review, a daily (except Saturday, Sunday Chambers; South Miami Cdy Hall 6130 Su and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, Second Reading Ordinances. being a Legal Advertisement of Notice in the matter of ORDINANCE OF THE MAYOR A r e�w A Y CITY OF SOUTH MIAMI PUBLIC HEARINGS 3/28/2005 in the XXXX Court, was published in said newspaper in the issues of 03/1 B/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing ti}•,t9 advertise. ia4 for publication in the said newspape // 6 Sworn to and subscribed before me this 18 day of MARCH ✓��% , A.D. 2005 (SEAL) Cheryl H Harmer + My Commission DD33M O.V. FERBEYRE personality me July 18 2008 CONSTRUCTION OF A MIX OF MULTI- FAMILY - RESII USES AND A PARKING GA TIONS OF APPROVAL REL OF CONCURRENCY, PRi PROVIDING FOR;;, ORDI� PROVIDING AN EFFECTIVI AN ORDINANCE.OF THE OF THE' CITY OF SOUTH DEVELOPMENT AGREE STATE 'STATUE , 7 63 AW'i OPMENT -MIXED USE` :PRi COMMONS. LOCATED AT? ,5757 SW 68 STREET,; THE BUILDINGS OF UP TO'F.I1 THE `FOLLOWING 'USE$ RESIDENTIAL UNITS, RE1 PARKING GARAGE 'P.R PROVIDING FOR .ORDII PROVIDING AN,EFFECTIV "' Resolution A RESOLUTION OF THE 1 MASTER SI' CERTAIN ,F DEVEI:OPM SPECIF.ICAI AND 5757`5 OF APPRO! AND URBA APPROPRII SCAPING R