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04-19-05 Item 6To: Honorable Mayor, Vice Mayor & Commission Members 4 From: Maria Davis City Manager Date: April 19, 20�05 ITEM No. 1 � Re: Special Exception Approval Large Scale Project in TODD 7150 -7160 SW 62 Ave. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62nd AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5): PROVIDING FOR AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant is requesting approval to construct a "large scale development" on property in a TODD zoning district. The site is a 1.31 acre property (57,252 sq.ft.) as legally described above. The proposed development consists of a six story mixed use (medical office /retail) building with a parking garage in the rear. The building will contain 80,000 square feet of medical office and 7,801 square feet of retail space. A special exception section in the TODD regulations (Sec.20 -8.9) requires that any new development built in the zoning district on a site that exceeds 40,000 square feet must be reviewed by the Planning Board and City Commission using the special use approval process. APPLICABLE REGULATIONS • LDC Section 20 -8.9 Special Exceptions • LDC Section 20 -8.10 Bonus Allocations BONUS ALLOCATIONS The height of buildings in the TODD(MU -5) zoning district is 4 story maximum plus up to four additional floors if certain design elements are incorporated. The proposed development has added two additional floors based upon the provision of the following: • a public plaza (5,000 sq.ft.) which will have art work • an arcade along the full frontage of the building; which is part of the pedestrian walkway system CONCURRENCY ANALYSIS 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 LDC Special Exception 7150 -60 SW 62 Ave. Page 2 of 4 Code. For purposes of this report, presented below is a summary of the developer's 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 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 b) Drainage • Concurrency evidenced by compliance with Florida Building Code and approved by DERM. c) Transportation • The site is located east of the Palmetto Expressway and is therefore within the County transportation management area which is exempt from meeting transportation concurrency standards. (Comprehensive Plan, p.65) d) Schools - Not applicable e) Recreation Facilities- Not applicable DEVELOPMENT PLAN ANALYSIS Traffic: The development plan shows vehicles exiting and entering the parking garage from separate drives along from SW 62 Ave. Staff is concerned about the location of the entrance to the garage being too close to the intersection of SW 62 Ave and Sunset Drive. Based upon these concerns the Planning Department retained a traffic engineer, to produce a traffic management plan which examines garage access, level of service, signalization and turn regulations which may be required. In accordance with the LDC the costs of the study will be charged to the developer. Density- Floor Area Ratio: The applicant's proposed floor area ratio is 1.5, which is considerably lower than other development projects in the area and below the maximum 1.6 FAR in the Hometown zoning district and other office zones. The TODD(MU -5) zoning district does not limit the FAR. Uses Permitted: Retail uses and medical offices are permitted in the TODD(MU -5) zoning district. Parking Requirements: The applicant is providing 471 total parking spaces, in a parking garage behind the main structure which is a requirement in the TODD zoning district. The total number of required parking spaces for the proposed building is 432. Setbacks: The proposed development is being built to the front property line, which is allowed. The proposed building provides a 20 foot front setback at the 5t" and 6U' floors as required by TODD regulations. The rear setback of the garage faces an alley and a three story multi - family building. This area requires some form of landscape screening. Urban Design: Prior to obtaining a building permit the developer must submit to the City a plan for the art work which will be exhibited in the plaza. If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and landscaping must be installed as a protective screen. LDC Special Exception 7150 -60 SW 62 Ave. Page 3 of 4 PLANNING BOARD ACTION The Planning Board at its January 25, 2005 meeting adopted a motion by a vote of 5 ayes 1 nay (Mr. Mann) recommending approval of the special exception request with conditions suggested by staff and with the following three conditions: (1) Allow access to be maintained for the north building's waste pick -up; (2) Adequate landscaping be provided along the west edge and plaza area; (3) The parking garage is to be adjusted in order to provide more space for landscaping. SUMMARY OF TRAFFIC MANAGEMENT REPORT Attached is a Traffic Impact Study (2- 23 -05) prepared by Richard Garcia & Associates, Inc. The study provides an analysis of trip generation created by the proposed development and an examination of road capacity (level of service) in the area. The report measures the existing situation and proposed. The consultant concludes that the proposed project will not contribute any significant traffic impact, as sufficient roadway capacity exists (p.15). The consultant also found no major problem with the design or location of the proposed exit and entrance Driveways (p.10). Staff, however recommends that for safety purposes the exit driveway be limited to right turn only. RECOMMENDATION It is recommended that the application requesting special exception approval to construct a large scale development use in a TODD district be approved subject to the following staff and Planning Board conditions: (1) The exit driveway should be limited to right turn only. (2) The rear setback area of the garage shall be screened from the abutting residential building by placement of trees and landscaping. A landscape plan for this area must be submitted to and approved by the Planning Department, prior to the issuance of a building permit. (3) The developer must submit to the City a plan for the art work which will be exhibited in the plaza. This plan must be submitted to and approved by the Planning Department prior to the issuance of a building permit. (4) If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and landscaping must be installed as a protective screen. (5) Allow access to be maintained for the north building's waste pick -up. (6) Adequate landscaping be provided along the west edge and plaza area. (7) The parking garage is to be adjusted in order to provide more space for landscaping. LDC Special Exception 7150 -60 SW 62 Ave. Page 4 of 4 Attachments: Draft Resolution Application Letter of Intent Location map Planning Board Minutes Excerpt 1 -25 -05 Copies of Public Notices Site Plan Traffic Study f➢ MD /DOD /SAY ; EAComm Items\2005 \4- 9 -0 pecial Excep 7150 SW 62 Report.doc I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO 6 SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL 7 EXCEPTION APPROVAL TO LOCATE A LARGE SCALE DEVELOPMENT 8 USE (SIX STORY MIXED USE MEDICAL OFFICE / RETAIL) BUILDING AT 9 7150 -7160 SW 62nd AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED 10 DEVELOPMENT DISTRICT (MIXED USE 5): PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, Application No. PB -05 -005 was submitted to the Planning and Zoning 15 Department by the Richard Brandon Co., said application requesting approval to construct a 16 large scale development on property in a TODD zoning district located at 7150 -7160 SW 62nd 17 Avenue; and 18 19 WHEREAS, the purpose of the special exception request is to permit the 20 development of a six story medical arts building with retail space to be constructed on a 1.31 21 acre site; and 22 23 WHEREAS, the proposed development is located in a "TODD (MU -5) ", Transit 24 Oriented Development District (Mixed -Use 5) Use District; and Land Development Code 25 Section 20- 8.9(B) requires that any project on a site larger than 40,000 square feet in a TODD 26 zoning district is considered a large scale development and must be reviewed by the Planning 27 Board /City Commission via the special use permit process; and 28 29 WHEREAS, after review and consideration, the Planning Department 30 recommended approval of the application with conditions; and 31 32 WHEREAS, on January 25, 2005, after a Public Hearing regarding the proposed 33 special exception application , the Planning Board recommended approval with specific 34 conditions by a vote of (5 -1); and 35 36 WHEREAS, the City Commission desires to accept the recommendation of the 37 Planning Board and enact the aforesaid resolution. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 40 THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1. That the subject application submitted by the Richard Brandon Co., requesting 43 approval to construct a large scale development (on a site larger than 40,000 sq.ft.) on property 44 in a TODD zoning district located at 7150 -7160 SW 62nd Avenue is hereby approved subject to 45 the following conditions: 46 47 (1) The exit driveway should be limited to right turn only. 48 49 (2) The rear setback area of the garage shall be screened from the abutting residential building by 50 placement of trees and landscaping. A landscape plan for this area must be submitted to and 51 approved by the Planning Department, prior to the issuance of a building permit. 52 53 (3) The developer must submit to the City a plan for the art work which will be exhibited in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 plaza. This plan must be submitted to and approved by the Planning Department prior to the issuance of a building permit. (4) If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and landscaping must be installed as a protective screen. (5) Allow access to be maintained for the north building's waste pick -up. (6) Adequate landscaping be provided along the west edge and plaza area. (7) Garage be adjusted in order to provide more space for landscaping. Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of , 2005. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR EXomm Items \2005 \3- 1- 05\PB -05 -005 Special Exception Resolution.doc (2) Commission Vote: Mayor Russell: Vice Mayor Palmer Commissioner Wiscombe: Commissioner Birts- Cooper Commissioner Sherar: • City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (3305)663-6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision Meets & Bounds: �gAx 1 Sczs PB t ou P�- Applicant: Z T� Xf �. c,�r��r f OL �� Phone: a n �� � 6 G Z Z 1 Representative: -� uwA&.sq LA-ott rganization: e rk Address: 15,10 1 s.0f' C�E)A 1 �4 Phone: eC'uIft Gfiy`�C!/�rs �t'rr 4- Property Owner. � �� � �—� Signature: Mailing Address: 7t S o s t,►� • 4� � a � Phone: F1 33/Zf3 Architect/Engineer. `` }- Phone: p t I ��CIK��V" 717SBC S iikv -di►. !2 v��� p • Ca✓►G AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative AContract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC Variance _Zoning Map Amendment Special Use _ PUD Approval Special Exception _ PUD Major Change _Other Briefly explain application and cite specific Code sections: Gt re ire — i, .s !h40 oT A, i X �;a AA'r m/ Section: Subsection: Page #: Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: Letter of intent _ Justifications 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 ") 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" _ 20% Property owner signatures A4, *J IL6* Mailing labels (3 sets) and map Required Fee(s) The unde ed as read this completed application and represents that the information and all submitted materials are true and Corr o t e of th licant s knowledge and belief. Z iZ A lican 's Signature and tVd Date Upon receipt, applications l sub mitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. 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 Petition Required Petition Accepted Method of Payment 8/2/00 � THE Fam- namon COMPANY December 21, 2004 Planning & Zoning Department City of South Miami South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Re: Application for Special Use Permit Filed Dec. 22, 2004 The Richard- Brandon Company, Applicant 7150 -7160 SW 62' Ave., South Miami, FL LETTER OF INTENT Gentlemen: We herewith respectfully submit our application for special exception under the special use permit process for the approval of the planned development of a mixed -use building and separate parking garage structure as required by Section 20- 8.9(B) of the South Miami Land Development Code. The proposed development is to be located at 7150- 7160 SW 62nd Avenue in the City of South Miami. The property is governed by the Transit- Oriented Development District (T.O.D.D.) zoning ordinance — specifically, TODD (MU -5). The site area is 49,945 square feet being in excess of 40,000 square feet, this application for requires review under the special use permit process. The proposed development complies with all of the applicable zoning requirements including building setbacks, height and parking. The proposed development applies bonuses available under Section 20 -8.10 of the Land Development Code. The design includes a 5,000 square foot public plaza and street -front design with arcade as part of the pedestrian walkway system. These two bonus allocations allow two floors to be added to the basic four floors permitted by the applicable zoning, resulting in a planned six story building. We are certain that the proposed project will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; nor will the project be detrimental to the public welfare or property or improvements in the neighborhood. The proposed project is perfectly consistent with the neighborhood. Furthermore, the public plaza and arcade will greatly add to the civility of the neighborhood and community. Accordingly, we respectfully request approval of this application. Mattaway 1501 Sunset Drive • 2nd Floor • Coral Gabbs, FL 33143 • Tel: (305) 662 -1421 • Fax: (305) 666 -4990 • E -mail: rbco @richard - brandon.com City of South Miami Application No. PB -05 -005 Special Exception Large Scale Development in TODD (MU -5) District 7150 -7160 SW 62 Avenue Al 6610 6611 6610 6621 0 6668 66 'IH TE p 21 6620 6621 6620 (.) 6631 0 0 31 6640 6631 6630 0 6701 z 01 6700 6701 6700 N 0 6109 S 5961 Cfl 6711 6121 11 6710 6711 6710 E671 � 6721 6721 6720 (n 6731 6730 6731 SW 68TH ST � 5950 6300 6601 6800 6801 6800 30 6812 6815 5950 6611 6840 6810 6825 6820 6303 6625 6845 6841 6255 6840 6643 6842 6 6900 6917 gg12 6230 6914 0 15, 14 6140 0 12 ±10( 6290 6270 6240 5927 6900 6929 6926 6931 44 1 6201 6169 14 14 6129 '0` 6101 6285 6259 6941 6940 6941 SW 70T T 510 6310 0 7240 7248 7320 7330 7001 23 5959 7000 7019 7000 7090 0 0 6180 15 6000 7009 6140 93 6262 7003 29 7020 �`�j Q 0 5946 7211 7220 6130 rr 0 7000 7031 f- U 7040 6250 5940 7015 7340 7101 7311 ~ 7109 5950 7321 SW 71 ST ST 71os szss 7051 � 7oso Q 6022 p 7107 > 7171 CO 7110 5960 SUBJECT Q o 7111 PROPERTY 6233 0 7141 0 � 6075 5975 7121 z 04 H6161 6101 5995 6295 6285 CD SW U) 72ND ST 7001 5996 5959 7000 7019 5995 7090 0 0 0 300 600 900 1,200 1,500 Feet 6110 5950 6180 15 6000 GOOD 93 6262 �`�j Q 0 5946 7211 7220 6130 rr 0 6000 6250 5940 7311 7340 7311 5950 7321 7401 5 97 59D1 6022 p 04 0 300 600 900 1,200 1,500 Feet CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 25, 2005 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, Mr. Comendeiro, Mr. Liddy, Mr. Illas, and Mr. Mann. Board members absent: Ms. Yates City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -05 -005 Applicant: The Richard Brandon Co. Location-: 7150 -7160 SW 62nd Ave. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIA-MI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62 "d AVENUE IN THE "TODD GWU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (iVIIXED USE 5): PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting January 25, 2005 Action: Mr. Illas read the item into record. Mr. O'Donniley explained that the applicant is requesting approval to construct a "large scale development" on property in a TODD zoning district. The site is 1.31 acre property (57, 252 sq. ft) as legally described above. The proposed development consists of a six -story mixed use (medical office retail) building with a parking garage in the rear. The building will contain 80,000 square feet of medical office and 7,801 square feet of retail space. The special exception section in the TODD regulations (Sec. 20 -8.9) requires that any new development built in the zoning district on a site that exceeds 40,000 square feet must be reviewed by the Planning Board and City Commission using the special use approval process. Additionally, Mr. O'Donniley noted the bonus allocations. He stated the height of buildings in the TODD(MU -5) zoning district is 4 story maximum plus up to four additional floors if certain design elements are incorporated. The proposed development has added two additional floors based upon the provision of the following: • a public plaza (5000 sq.ft.) which will have art work.; • an arcade along the full frontage of the building; which is part of the pedestrian walkway system Mr. O'Donniley reported that the applicant's project is above the concurrency threshold limits thereby requiring an assessment for meeting the level of services (LOS) concurrency standards listed in Section 20 -4.1 of the Land Development Code. Furthermore, Mr. O'Donniley provided the following summary of the developer's 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) Transportation The site is located east of the Palmetto Expressway and is therefore within the County transportation management area which is exempt from meeting transportation concurrency standards. (Comprehensive Plan, p.65) e) Schools - Not applicable f) Recreation Facilities Not applicable Planning Board Meeting January 25, 2005 Mr. O'Donniley also added the following Development Plan Analysis: Traffic: The development plan shows vehicles exiting and entering the parking garage from separate drives along from SW 62 Ave. Staff is concerned about the location of the entrance to the garage being too close to the intersection of SW 62 Ave and Sunset Drive. The location of both access drives into the garage must be coordinated with the existing traffic pattern on SW 62 Ave. Based upon these concerns the Planning Department will retain a traffic engineer /planner to produce a traffic management plan which examines garage access. Possible adjustments to traffic lanes, signalization and turn regulations which may be required. In accordance with the LDC the costs of the study will be charged to the developer. Density- Floor Area Ratio: The applicant's proposed floor area ratio is 1.5, which is considerably lower than other development projects in the area and below the maximum 1.6 FAR in the Hometown zoning district and other office zones. The TODD(MU -5) zoning district does not limit the FAR. Uses Permitted: Retail uses and medical offices are permitted in the TODD(MU- 5) zoning district. Parking Requirements: — The applicant is providing 471 total parking spaces, in a parking garage behind the main structure which is a requirement in the TODD zoning district. The total number of required parking spaces for the proposed building is 432. Setbacks: The proposed development is being built to the front property line, which is allowed. The proposed building provides a 20 foot front setback at the 5th and 6th floors as required by TODD regulations. The rear setback of the garage faces an alley and a three story multi - family building. This area requires some form of landscape screening. Urban Design: Prior to obtaining a building permit the developer must submit to the City a plan for the art work which will be exhibited in the plaza. If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and landscaping must be installed as a protective screen. RECOMMENDATION Mr. O'Donniley concluded his report by stating that planning staff recommends that the application requesting special exception approval to construct a large scale development use in a TODD district be approved subject to the following conditions: (1) The application will not be forwarded to the City Commission until a traffic management plan is completed and necessary adjustments and commitments are agreed to in writing by the developer. Planning Board Meeting January 25, 2005 (2) The rear setback area of the garage shall be screened from the abutting residential building by placement of trees and landscaping. A landscape plan for this area must be submitted to and approved by the Planning Department, prior to the issuance of a building permit. (3) The developer must submit to the City a plan for the art work which will be exhibited in the plaza. This plan must be submitted to and approved by the Planning Department prior to the issuance of a building permit. (4) If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and landscaping must be installed as a protective screen. The Board, applicant's representative, and planning staff discussed the item. Mr. Illas inquired about the type of trees that will surround the building. Mr. Recio replied that the developers have not made a final decision on the trees that will be used around the project but the trees presented on the rendering is a possible option of the trees that will be used. Chairman, Morton addressed the entrance and exit routes of the building. Mr. Mann commented on the issue of arcades stated he did not agree with the City's bonus allocations with regards to arcades, he felt that in some cases arcades with pillars are not pedestrian friendly for residents. Applicants present: Tony Recio, Esq (Mr. L. Richard Mattaway' s representative) Brandon Lurie Jason Chandler Mr. Recio explained to the Board, that they are requesting approval for a special exception under the special use permit process for approval of the planned development of a mixed -use building and separate parking garage structure as required by Section 20- 8.9(B) of the South Miami Land Development Code (LDC). The property is governed by the Transit- Oriented Development District (TODD -5). In addition he noted that the proposed development is eligible for bonuses available under Section 20 -8.10 of the LDC . The design includes a 5,000 square foot public plaza and street front design with arcade as part of the pedestrian walkway system. These two bonus allocations allow two floors to be added to the basic flour floors permitted by the applicable zoning, resulting in a planned six story building. He concluded by stating that the public plaza and arcade will greatly add to the civility of the neighborhood and community. Mr. Morton opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Jay Beckman 6520 SW 65 St. Opposed Mr. Beckman suggested to the Board that a new charrette should take place so that residents can voice their opinion about projects like this one and others. In addition he commented that a traffic study needs to be presented for this item. Mr. Beckman also alleged that the applicant had not submitted a required element, the existing land use. (The applicant responded by holding up a copy of the use map it had Planning Board Meeting January 25, 2005 submitted with its application) Dean Whitman 6259 SW 70 St Opposed Mr. Whitman did not agree with the project. He also addressed the issue of garage dump truck picking up the trash early in the morning and he would not like to see that happen with this project. David Landowne 6926 SW 62 Ct. Opposed Mr. Landowne is in opposition of the project and requested that the Board not decide until they have the traffic study to review. Sharon McCain Opposed Ms. McCain believes the applicant has complied with the regulations, however, the concurrency problem needs to be addressed. Mr. Morton closed the Public Hearing. Motion: Mr. Liddy moved for deferral of the application until the conditions of the traffic study are clarified. Mr. Mann seconded the motion.. Vote: Ayes 2 Nays 4 (Ms. Gibson, Mr. Comendeiro, Mr. Illas, Mr. Morton) The motion did not pass. Motion: Mr. Comendeiro recommended for approval the application subject to staff's four conditions and the following conditions posed by the Board: (1) Allow access to be maintained for the north building's waste pick -up; (2) Adequate landscaping be provided along the west edge. and plaza area; (3) Garage be adjusted in order to provide more space for landscaping. Ms. Gibson seconded the motion. Vote: Ayes 5 Nays 1 (Mr. Mann) MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or sheds the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 4/19/2005 ORD. RELATING TO AMENDMENT OF CHAPTER 18, ETC. in the _XXXX Court, was published in said newspaper in the issues of ' 04/08/2005 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,,r ate, commission or refund for the purpose of securing Is adve publication in the said newspap Sworn to and subscribed before me this 08 day of APRIL A.D. 2005 (SEAL) O.V. 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