10-19-04 Item 22City of South Miami
To: Honorable Mayor, Vice Mayor
Commission Members
From: Maria Davis
City Manager/
ORDINANCE
Date: October 19, 2004
ITEM No.
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 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
October 19, 2004
Page 2 of 7
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 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 governs 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.
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, a social service agency and a
LDC Rezoning
October 19, 2004
Page 3 of 7
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 buildings 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 buildings 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
October 19, 2004
Page 4 of 7
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. 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 in height. There are four and five story buildings in the south and
center part of the development and a four story building will 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 the
most of site on the west side abutting the FPL facility. Current PUD regulations do not
specify specific heights 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
October 19, 2004
Page 5 of 7
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 a 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 - Concurrence: 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) Traff c /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
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October 19, 2004
Page 6 of 7
will be 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 roject 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.
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 through out
the day and night and has less impact on peak traffic. Traffic analysis of the current
LDC Rezoning
October 19, 2004
Page 7 of 7
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.
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
It is recommended that the proposed rezoning request from "TODD(MU -4)" to "PUD -M" be
approved subject to the following 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 and will be
presented to the City Commission on November 1, 2004.).
(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.
Attachments:
Draft Ordinance
Application
Letter of Intent
Location map
Applicable Regulations — PUD, Concurrency
Copies of Public Notices
Excerpt Planning Board Minutes- 9 -27 -04
Site Plan / Development Plan
MD /DOD /SAjYE: \Comm Items \2004 \10 -19 -04 \Rezoning TODD to PUD -M Abraham Site.doc
I 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- 04015A was submitted to the Planning Department by Codina
18 Development Corporation, said application requesting to amend the official zoning map of the City of
19 South Miami by changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and
20 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use
21 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
24 project including residential buildings, parking and retail uses with 409 dwelling units and
25 12,476 square feet of 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 I nay (Mr.
35 Illas) ; and
36
37 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board
38 and enact the aforesaid amendment.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
41 OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43 Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties
44 for, changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68
45 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use District to the
46 "PUD -M" Planned Unit Development - Mixed Use District said rezoning to be subject to the conditions
47 specified in Section 2 of this ordinance.
48
49 Section 2 That the above change of zoning is subject to the following conditions:
50
51 1) Applicant shall submit a Development Agreement which includes: (a) an agreement that within
52 five years the developer will pay for or produce 3.7 acres of land for public park or
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recreational purposes; (b) an agreement that 5% 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
1 sc Reading —
2"d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2004
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar
\ \MCGRUFF\PLANNING \Comm Items \2004 \10- 19- 04\Rezoning -TODD to PUD -M Ord.doc
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 -7593
E -MAIL: INFO ®BILZIN.COM • WWW.BILZIN.COM
MERRY B. PROCTOR, ESQ.
DIRECT DIAL: (305) 350-2361
EMAIL: JPROCTOR@BILZIN.COM
July 28, 2004
Hand Delivery
Mr. Don O'Donniley, AICP, Planning Director
City of South Mialni
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 mixed -use development on the Property.
\73260\21531\ # 687239 v 1
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
Wolfoerg 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 Miami Station of Miami -Dade County's Metrorail Corridor.
BILZIN SUMBERG BAENA PRICE & iAXELROD LLP
Mr. Don O'Donniley, AICP
July 28, 2004
Page
3. The PUD -M District permits multi - family residential dwellings, accessory
parldng 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
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 . Subdivision
PLEASE CHECK THE APPROPRIATE ITEM:
PB SEE ATTACHED SURVEY
Meets & Bounds:
X Letter of intent
Applicant:
Phone:
CODINA DEVELOPMENT CORPORATION
Statement of hardship
Proof of ownership or letter from
Representative:
Organization:
JERRY B. PROCTOR, ESQ.
.. ,A
JUL
Address:
Phone:
200 SO. BISCAYNE BLVD., SUITE 2500
MIAMI, FLORIDA 33131
-- - - -_ - -.
Property Owner:
Signature: - , ._ .
COMMERCE LANE ENTERPRISES, INC.
G •
Mailing Address:
Phone: j
5757 SW 68 STREET
MIAMI, FLORIDA 33143
J)��'v�
Lid V9
D. (
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 e Special Use
Justifications for change
X PUD Approval Special Exception
PUD Major Change
Statement of hardship
Proof of ownership or letter from
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 labels (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 Icnowledge and belief.
(
1.odA1,X6 �i11�1 1- " CG+'pl/}xI r—)
App cant's gignature 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
Method of Pavment
\73190 \13707\ # 685596 v 1
7/16/04 3:48 PM
Date of PB Hearing
Date of Commission
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591 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: (3D 520�
PUD Major Change Other
CODINA DEVELOPMENT CORPORATION
_
_ Power of attorney
Representative:
Organization:
SEE ATTACHED LETTER OF INTENT
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 ;
r
ANTHONY R. ABRAHAM
yl
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
Proof of ownership or letter from owner
_
_ Power of attorney
Briefly explain application and cite specific 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
corre t t the best of the appplicant's kno�yledge and belief.
..!irta 1%d? IE3ge Yn d 'CPCt u�i as ers
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
\73190 \13707\ # 685595 v 1
7/16/04 3:48 PM
uaie or t-b hearing
Petition Accepted _
iE
City of South Miami
Application No. PB -04 -015 Zone Map Change
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§ 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
st_.ormwater 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)
20 -3.7 Planned unit developments.
(A) General Provisions.
(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.
(2) " Housing, commercial uses, service facilities and principal 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.
L
Supp. No. 7 62.2
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 Requiremeids.
(1) Unity of Title Required.`'`
"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)— (B)(17) have been renumbered as (B)(2)—(B)( 18C
Supp.. \o. G 62.3
i
r�
i
ZONING REGULATIONS 20 -3.7
(a) A Unity of Title as set 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
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 -way or
easements.
ii. 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
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
determining: _ _ 11
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 within the site in the event of fire ahe
.., Ciu;. a or o�iict eu,.ergenCy
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 Suffering.
(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 r
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:
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 and 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.
5
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 proposed .planned- 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 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
neering 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:
i. The heights of existing structures surrounding the proposed development;
ii. The nature and character of development desired by the city in such areas;
and
in. The objectives of the city's adopted Comprehensive Plan for such areas.
(14) Pedestrian Amenities. The proposed development shall maximize 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. j
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 (25) 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;
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
(b) Uses and structures in a PUD -R district generally shall be permitted as follows:
L Residential dwellings;
I 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. 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
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. No. 5 662
ZONING REGULATIONS
20 -3.7
(E)_ Mixed Use (PUD -M).
(1) 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;
xiii. 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 minimum site area for a PUD•M development shall be 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.
Dym
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 Ioading in specific 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 (PUD -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, to be cornpat
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
.:
OTHER REGULATIONS 20-4.1
ARTICLE IV OTSER 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 shah 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
hour LOS 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 Impacct (DRI) approval granted prior to
adoption of the 1989 South Miami Comprehensive Plan on January 18, 1989.
(f) 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 Minimis 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 minimum
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 380, 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. 'Total its `for any 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)`- Development Agreements. 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
(7) Lighting and irrigation systems;
(8) Fences and walls;
(9) Storm sewers; and
(10) Dumpster locations.
(I) 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 -i -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 al -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 affer 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
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.
Supp. No. 5A
119
PROCEDURES AND APPLICATIONS
(c) 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 be held
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.
(2) 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
(b) The report shall conform in the process of development to the preliminary
development concept plan and to proposals for staging of development
Supp. No. 5A 120
PROCEDURES AND APPLICATIONS 20 -5.12
(3)
c
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 structures 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.
(6)
Phasing Reports. Where a planned unit development is to be constructed in stages,
Supp. No. 5A
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 may be 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 _
recommendation, provided that the owner(s) of record of the subject properly
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
(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 cancer 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 re wired b the ci
I- J V
(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
AL
20 -5.14
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.
(B) 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.
(C) Expiration of Building Permit.
(1) If work authorized by any building permit 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 a public 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
"sour
INCORPORATED
' 1927 •
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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.
11. 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 571h Avenue and 5757 SW 681" 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 83" 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 )
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 she is 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 10/1912004
ORD. 6600 -6640 SW 57 AVE., ETC.
in the XXXX Court,
was published in said newspaper in the issues of
10/08/2004
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 t ' advertis for publication in the said
newspape .
d
Sworn to and subscribed before me this
08 day of OCTOBER A.D. 2004
(SEAL)
Dhery! FI
O.V. FERBEYRE personal "'mission D03386M
E Jdy ta, 2008
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