Ord. No. 29-09-2021ORDINANCE NO, 29 -09 -2021
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834, AND AMENDED BY
ORDINANCE NO. 17 -05 -1839, WHICH APPROVED THE DEVELOPMENT
AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT
KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND
5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO REQUIRE THAT
ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT CODE SECTION
20- 4.4(B) IS PROVIDED FOR ALL USES LOCATED ON THE PROPERTY AND TO
UPDATE THE CURRENT NUMBER OF PARKING SPACES PROVIDED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission at its March 28, 2005 meeting approved Ordinance
No. 11 -05 -1833 to amend the official zoning map of the City of South Miami changing the
zoning use district from TODD -MU4 to PUD -M to permit the construction of a mixed use
project entitled Red Road Commons which project would be located at 6600 -6640 SW 57
Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses;
and
WHEREAS, the City Commission at its April 9, 2005 special meeting adopted
Ordinance No. 12 -05 -1834 approving a Development Agreement between the City and the
developer, the Codina Development Corporation for the Red Road Commons Project; and
WHEREAS, the City Commission at its September 1, 2009 meeting discussed the
parking required and provided for the retail, office and restaurant uses at Red Road Commons
and directed that the Development Agreement be modified to assure that the parking space
requirements of Land Development Code section 20- 4.4(13) will be complied with; and
WHEREAS, the Planning Board at a its meeting of September 29, 2009 after a public
hearing, approved a motion a motion by a vote of 5 ayes 0 nays recommending of the proposed
amendment to the Development Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 1(g) be added to the Development Agreement between the City and the
RRC 57'h Avenue, LLC (successor to Codina Development Corporation) for the Red Road
Commons Project, adopted by Ordinance No. 12 -05 -1834 at the April 9, 2005 City Commission
meeting, and amended by Ordinance No. 17 -05 -1839 at the June 14, 2005 City Commission
meeting, is hereby amended by adding section 1(g) to read:
41. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20,
Land Development Regulations of the City of South Miami, the Property will be
improved with the following:
Ord. No, 29 -09 -2021
a. There shall be no more than 407 residential units on the. Property.
b. The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall not exceed five (5) stories above grade, in height.
d. Development of the Property shall be in accordance with the adopted master site plan on
file at the City, including elevations, architectural features, and estimated commercial
square footage pursuant to Section 20.3 -7, City Code.
C. Development of the Property shall be in one (1) phase.
f A building permit for development of the project must be applied for within 6 months of
the date on which this final development agreement is signed, notwithstanding the
provisions of LDC Section 20- 3.7(i), Expirations of PUD Approvals.
g, The extent of retail, office and restaurant uses shall not exceed, and be limited by,
the capacity of provided parking. The development shall comply with the parking
requirements in the Land Development Code Section 20- 4.4(B) for all retail, office
and restaurant uses.
Section 2. That p.5 of the D
LLC (successor to Codina
adopted by Ordinance No.
amended by Ordinance No,
hereby amended by adding a
evelopment Agreement between the
Development Corporation) for the
12 -05 -1834 at the April 9, 2005 (
17 -05 -1839 at the June 14, 2005
footnote to Item 5(r) as follows:
(p.5) (footnote added as follows)
Site Plan.
City and the RRC 57`h Avenue,
Red Road Commons Project,
ity Commission meeting, and,
City Commission meeting, is
r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with
Condition 95q, requiring removal of on- street parking on SW 66 Street], through a
combination of parking garage, a small surface lot, and on -site street parking._
a total of 67 spaces remain for retail/ office/ restaurant uses.
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.
Ord. No, 29 -09 -2021
3
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 17Th day of No vpmhpr , 2009
ATTEST:
CITY CLERK
1St Reading -11 /3/09
2nd Reading —11 17 / 0 9
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Newman
Commissioner Palmer:
Commissioner Sellars
X: \Comm Items \2009 \10 -20 -09 \Red Rd Development Agreement Amend Ord 10- 20- 09.doe
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
All•AmerfcaCltit
CITY OF SOUTH MIAMI 1111161
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM zon
To: The Honorable Mayor Feliu and Members of the ' y Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: November 3, 2009 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT
AGREEMENT ADOPTED AS PART OF ORDINANCE NO, 12 -05 -1834, AND
AMENDED BY ORDINANCE NO, 17 -05 -1839, WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -
MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT
6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE
AMENDMENT IS TO REQUIRE THAT ALL REQUIRED PARKING PURSUANT
TO LAND DEVELOPMENT CODE SECTION 20- 4.4(B) IS PROVIDED FOR ALL
USES LOCATED ON THE PROPERTY AND TO UPDATE THE CURRENT
NUMBER OF PARKING SPACES PROVIDED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE,
BACKGROUND
In a letter dated August 5, 2009 from Mr. Jerry Proctor (copy attached as Exhibit "A'%,
an attorney representing Red Road Commo LLC a modification n was requested to the
adopted Planned Unit Development -Mixed Use (PUD -M) Master Site Plan for the
project. The proposed modification to the "Red Road Commons" PUD -M adopted Master
Site Plan was proposed to provide safe accessible bicycle storage for people leasing the
dwelling units to be located on the first floor of the parking garage in the southwestern
portion of the property. To accomplish the installation of bicycle storage for 200
bicycles, a total of eleven parking spaces needed to be eliminated.
The Planning Director pursuant to Section 20- 5.12(F) of the Land Development Code
determined that the proposed change to the Red Road Commons PUD -M was a minor
modification and therefore did not require public hearings before the Planning Board and
City Commission, The City Manager concurred with the finding, and a report to the City
Commission was placed on the September 1, 2009 agenda. ( Exhibit `W')
2
CITY COMMISSION ACTION
The City Commission at its September 1, 2009 meeting received the report on the Red
Road Commons PUD -M modification and concurred with the finding. however, the
Commission felt that the modification which also affects the number of parking spaces
available for future commercial uses, should be "memorialized" or formally recorded as
part of the project's development approval. It was suggested that the Development
Agreement, also approved in 2005, should be amended to update the parking space
allocation formula and to note that compliance with the Land Development Code for
parking for future retail, office or restaurant uses will be required.
DEVELOPMENT AGREEMENT AMENDMENTS
The Development Agreement has been amended in the past in order to adjust certain
provisions. The proposed amendments as set forth above would be included on pp.2 and
5 in the current Development Agreement. Attached is 'a copy of the current Development
Agreement (Exhibit "C "). The Agreement would be amended by the following:
(p. 2) (the addition of new I.g.)
"1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the following:
a. There shall be no more than 407 residential units on the Property.
b. The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall not exceed five (5) stories above grade, in
height.
d. Development of the Property shall be in accordance with the adopted master site
plan on file at the City, including elevations, architectural features, and estimated
commercial square footage pursuant to Section 20.3 -7, City Code.,
e. Development of the Property shall be in one (1) phase,
f.
lA
A building permit for development of the project must be applied for within 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 3.7(1), Expirations of PUD
Approvals.
(p.5) (footnote added as follows)
Site Plam
r. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition #5q, requiring removal of on- street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on -site
street parking.*
"As of October, 2009:, 958 total parldna spaces remain after reductions set
uses.
PLANNING BOARD RECOMMENDATION
The Planning Board at its September 29, 2009 meeting, after a public hearing, voted 5
ayes 0 nays recommending that the modifications be approved
RECOMMENDATION
It is recommended that the attached ordinance placing the above two modifications to the
Red Road Commons Development Agreement be approved on first reading.
Attaohmeiars:
Draft Ordinance
Communication from Jerry Proctor, Aug. 12, 2009(Exhibit A)
CM Staff report on Minor Modification to Site Plan, Sept. 10 2009 (Exhibit B)
Development Agreement for Red Road Commons (Exhibit C)
Planning Board Minutes Excerpt 9 -29 -09
Planning and ,Zoning Dept. Staff Report 9 -29 -09
Public Notices
TN /SAY
X:1Comm Items\2o09U 0- 20.oRed Rd Development Agum CM Report.dm
A T t O R W E Y S A T L nrg
i �i` Att
Via Hand Delivery
Mr. Thomas Vageline
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
�)n I2. I ONE: 4
1-1,N'4NisNRCa,Afir) F�,(W- .Si:S4,t
MIYU ii :AYIEIN t
Jerry B. Proctor, Esq.
Tel 305,350.2361
Fax 305.3512250
!proctor @bilzin.COM
August 5, 2009
Re: "Red Road Commons" Project
Property: 6600 -6640 SW 57 Avenue and 5757 SW 68 Street, South Miami
Dear Mr, Vageline:
Our firm represents Red Road Commons, LLC ( "RRC "), owners and developers of the
"Red Road Commons" mixed -use project on approximateiy 7 acres in the City of South Miami at
6600 -6640 SW 57 Avenue and 5757 SW 68 Street (the "Property").
Pursuant to Section 20 -5.12 of the City's and Development Code ( "Code "), RRC hereby
requests determination that certain proposed changes to one of the parking garages at Red
Road Commons be considered "minor changes," and that your Department recommend to the
City Manager that the modifications be considered as. such.
In the initial stages of leasing units at Red Road Commons, RRC is finding a
considerable demand for safe, accessible bicycle storage. To meet this demand, RRC has
designated an area where eleven (11) parking spaces are located on the ground floor of the
main garage for proposed conversion to a bike storage facility that would house approximately
200 bicycles. The bike storage area would be located in a parking area, that is not in close
proximity to any residential units and would not usurp any unit - designated parking spaces. The
11 auto spaces that would be removed are "guest" spaces, and there wilt be plentiful car
parking for residents and guests remaining after this modihcatlon. The bike storage area would
be covered and accessible only by resident access card to unlock the bikes and transport them
in and out of the Red Road Commons, complex. B*1cycle access would be by a well- Iit'sidewalk
In the rear (east) Property area, directly accessible to the north (SW 66 Street) property area,
which has a large sidewalk.
MIAMI 1883899.2 7743027649
8/6/09
BtLZIN SUMBERO BAENA PRICE & AXELROD LLP
260 S. Biscayne Boutevard, Suite 2508, Waml, FL 33731.5340 Tel 305.374.7580 Fax 305.374.7593
wwmbilthoon
Mr. Thomas Vagellne
City of South Miami
August 5, 2008
Page 2.
The attached documents illustrate the location of the proposed bicycle racks in the
southeast property area,.directly adjacent to the Florida Power and tight Company substation
and we from the residential community to the north. I have also attached a Floor Plan
of the bicycle rack area, and specifications on the "Ultra Space Saver" bike storage
specifications that RRC will employ.
I have also attached three parking computation charts which show ERPB- approved
parking quantities, parking after the City's removal of off -site parking on SW 66 Street, and
quantities proposed In conjunction with this proposal. The charts illustrate the following points:
1. The first chart, entitled "Existing. Parking count as shown in contract documents
(sheet A1.00) and in accordance with ERPB approval,"' indicates a total of 993 parking spaces.
The plans incorporating this total were approved administratively as a "minor modification" from
the 2005 hearing - approved plans .(due to a proposed decerase in bedroom count on the
Property) and formed the basis of the building permit for the development. The total of 993
spaces included 24 off -site spaces located in the public right -of -way along SW 66 Street,
2. The second chart, entitled "Required Parking," illustrates a change to 969
spaces, made after the City removed the 24 off -site spaces on SW 66 Street. This possibility
was contemplated in the Development Agreement for the project.
3. The third chart, entitled "Required Parking Count with the addition of the bike
racks," illustrates the modifications proposed at this time. There have been minor changes in
construction and garage striping that have resulted in different totals per floor in some cases in
the on -site garages. The overall total of spaces remains unchanged to this point. With the
proposed reduction of 11 automobile spaces for the bicycle racks, the overall parking count
decreases from 969 to 958. The top chart illustrates, that the development still has an excess
amount of parking to serve residents and visitors.
I believe that the loss of eleven (11) parking spaces to provide an alternative to
automobile travel is a public benefit to the future - residents of RRC and to the community that
will lower traffic volumes and be consistent with the planning benefits of this "Mixed Use"
development.
In your analysis of the Code regulations, please note:
1. The proposed change does not increase densities or redistribute square footage
or alter the height or use of the development.
2. The eleven (11) parking spaces to be taken out of service are surplus spaces,
not necessary to comply with the Code.
ML4MI I W999.2 7743027649
5110109
°',. BILZIM BUMBERe BAENA PRICC & AXELROD LLP
Mr. Thomas Vageline
City of South Miami
August 5, 2009
Page 3
Thank you for your consideration of this submittal.
Sincerely,
Jerry g. proctor.
JBP: id
c: Ajibola Balogun, City Manager, City of South Miami
Luis Fgueredo, Esq., City attorney, City of South Miami
Jay Jacobson
Aaron Croyle
MIAMI 1883899.2 7743027649
8/6/09
0"' . .,. SILZIN SUMBERG BAENA PRICE & AXELROD LLP
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EXHIBIT "B" )ISME0
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CITY OF SOUTH MIAMI
m
OFFICE OF THE CITY MANAGER zaoi "
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Febu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vagelfne, Director
Planning and Zoning Department O
Date: September 1, 2009
Subiect:
A REPORT" TO THE CITY MANAGER PURSUANT TO THE
REQUIREMENTS SET FORTIi IN SECTION 2p- 5,12(F), LAND
DEVELOPMENT CODE REGARDING A REQUEST FROM RED ROAD
COMMONS, LOCATED AT 6600-6640'&W 57T" AVENUE AND 5757 S6W7
6e ST'REE'T, CITY OF SOUTH MIAMI, TO. MODIFY THE ADOPTED
MASTER SITE PLAN (PLANNED UNIT DEVELOPMENT MIXED USE
ZONING DISTRICT). ..
Saclxeround•
The "Red Road Commons" development is a mixed use project including residential
buildings, office, retail uses and parking structure. The current zoning designation for
"Red Road Commons" is planned Unit Development Mixed Use (PUD -M).
The purpose of a pUD is to allow a tract of land to be developed as a unit under single
ownership or unified, control, which includes one or more principle buildings or uses.
The pUD encourages design flexibility in location of buildings, open space, and
provision of amenities. Development in a PUD district does not follow pre -set
dimensional requirements (setbacks, heights of buildings), or intensity limitations (floor -
area- ratio, or dwelling units per acre). These standards are set forth as part of the
project's master site plan.
On August 12, 2004, the Master Site plan for the project submitted by Coding
Development Corporation was approved by the city with conditions. Thereafter, the
Master Site plan was reviewed and approved by the Planning Board and the
Environmental Review and Preservation Board (ERP)3). it is important to note that the
planning Board approved the plan with conditions while the ERPB agreed to give only
prellminmy approval to the plan. On March 28, 2005, the City Commission approved
Ordinance No, 11 -05 -1833, an amendment to the official zoning map of the City of South
Miami. The amendment changed the zoning use district from TODD -MU4 to PUD -M.
On April 9, 20057 the City Commission approved Resolution No. 48- 0542207 adopting
the Master Site Plan and Development Program for the site, At the .same meeting, the
City Commission adopted Ordinance No. 12 -05- 1834, the Development Agreement for
the project. The intent of the development agreement is to list the obligations of each
pasty in ensuring fhe implementation o£ the project. This development agreement was
amended on June 14, 2005 by Ordinance Na, 17.05 -1839, in order to be more specific
regarding the park and recreation coneurrency payment. Since June 14, 2005, the
property ownership has been Wood Properties of Atlanta
P*b.D Amendment Procedure
The City of South Miami Land Development Code (Section 20- 5.12(F), entitled'
"Changes in Final Plans and Reports" provides language to determine whether a
proposed change or adjustment to an adopted Master Site plan in a designated PUD area
constitutes a major or minor modifications.
Section 20 -5.12 planned unit development approvals.
()~) Changes in Final Pions 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 should 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,
e. 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 deponent. 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 app Rant. 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.
First Modification Request May, 2007
In May 2007 the City determined that a series of requested changes to the adopted Master
Site Plan for Iced Road Commons were minor changes (Section 20- 5.12(F)(2)). The
following is a summary of those changes:
i . The relocation of the pool from the garage rooftop to the courtyard in Building B.
2. The setbacks from SW 68 Street for Building C were increased from I I feet to 24
feet.
3. The four bedroom units were removed from the development.
4. The open space was increased as a result of the conversion of surface parking on
'the northwest cornet of the property to landscape and open space.
5. There was a decrease in the density (- 1.0 0/0), retail use (- 12.8°/a), and building
footprint (- 2.2 %). There was a decrease in the overall parking spaces from 1,001
spaces (specified in the Development Agreement) to 994 spaces or -0.7 %,
6. The leasing office was relocated.
Second Modification Request Aueaist 2009
In a letter dated August 52 2009 from Mr. Jerry Proctor (copy attached as Exhibit 'W'), a
change has been requested to the adopted Master Site Plan. The proposed modifications
to the. "Red Road Commons" adopted Master Site Plan have been made to provide safe
accessible bicycle storage for people leasing the dwelling units. The bicycle storage area
would be located on the first floor of the parking garage in the southwestern portion of
the property,, To accomplish the installation of bicycle storage for 200 bicycles, eleven
parking spaces are to be removed.,
Au„ alysis
The issue relevant to this request is the amount of parking provided on the property
compared to the amount of parking required by the Land IJevelopment Code (LDC). In
this case there are three pages of charts explaining the amount of parking required and
provided at this property.
3
These charts are labeled as follows in Exhibit "A ":
I. Existing Parking count as shown in contract documents (sheet A1.00) and in
accordance with BR PB approval.
2. REQUIRED PARKING
3, Revised Parking count with the addition of bike racks.
The first, chart describes the required parking based upon the uses in the project:
Residential at 2 spaces per unit 810
Visitors at 101/o of required spaces 81
Retali/Leasing Office at I space /300 sf 43
Total required Parking Spaces 934
This information is repeated at the top of each of the 3 charts.
1.
Proposed Parking changes in each of the 3 charts. s aces in the following places:
1. The first chart shows provided parking p
a. Off site parking 30
b. On -site street parking 25
C. Garage Parking 850
d. Building E 88
Total parking spaces provided 993'
2. The second chart shows parking spaces iii,the same places, except for the Off -
site parking which has been reduced from 30 to 6 spaces. This is due to the
fact that the proposed off- -site parking on SW 66 Street was deleted at the
request of the City (allowed by Section 5.ql of the Development Agreement
Exhibit "B "). This reduces the total parking provided to 969 parking spaces.
a. Off-site, parking 6
b. On -site street parking 25
c. Garage Parking 850
d. Building E 88
Total parking spaces provided 969
3. The third and last chart shows parking spades in the same places, except it
deletes H parking spaces to permit the installation of the bicycle storage area.
At this point in time the parking garages were constructed and the number of
parking spaces was counted ou -site, making the numbers slightly different for
each of the floors of the parking garage. The total number of parking spaces
to be provided if I I spaces are removed for the installation of the bike racks is
958.
a Off- -site parking 6
b. On -site street parking 25
C. Garage Parking 840
d, Building E 87
Total parking spaces provided 958
H
The question then becomes: Will the project have enough provided parking to meet the
required parking of the LDCs once the 11 spaces are removed for, the bike racks.
General Parking Calculations
If the total of provided parking becomes 958 after the removal of the 11 spaces for the
bike racks. The required parking remains unchanged as follows:
Residential at 2 spaces per unit 810
Visitors at 10% of required spaces 81
Retail/Leasing Office at I space/300 sf 43
Total required Parking Spaces - 934
Provided parking spaces
958
Required parking for Residential .
-810
Required parking for visitors
-81
Remaining spaces for retaillof rice
67
Retail/ffxce/Restaurant Parking Calculations
Pursuant to the LDCs the parking requirements for commercial uses is as follows:
Retail Uses i parking space per each 300 square feet gfa
Office Uses I parking space per each 250 square feet gfa
Restaurant Uses i parking space per each 100 square feet gfa
There are 12,404 square feet of retail/office space actually constructed in the Red Road
Commons development.
The leasing office is 3,100 square feet gross floor area of the 12,404 available. Office
space parking requirement is 1 parking space per each 250 square feet 'of gross floor area.
This would be 3,100/250 = 13 parking spaces required. Remaining available parking
spaces are 67. 67 —13 — 54 parking spaces available for other uses.
There remains 9,304 square feet of gross floor area for retail/office or restaurant uses.
A. if all 9,304, square feet were to be used for retail use, the parking
requirement would be 1 space per each 300 square feet. This would be
9,304/300 = 32 parking spaces. This would leave 54 -= 32 = 22 surplus
parking spaces above LDC requirements for all uses.
S. If all 9,304 square feet. were to be used 'for office uses, the required
parking would be I space per each 250 square feet of gross floor. area.
The result would be 9,304/250 = 38 parking spaces required- This would
leave 54 — 38 — 16 surplus parking spaces above LDC requirements for all
uses.
5.
C. If all 9,304 square feet were to be used for restaurant uses, the required
parking would be I space per each 100 square feet. This would be
9,3041100 = 94 required parking spaces. This would, result in 54 94 =
-40 (40 parking space shortage on the property).
Summary of Calculations_
The calculations indicate that the deletion of 11 parting space for the installation of
bicycle racks on the first floor of the parking garage would not impact the ability of the
Red Road Commons to use the available commercial space for retail or office uses: Each
of these uses would still provide a suplus of parking spaces pursuant to the LDCs. ,
however, the commercial space were to have restaurant uses, the number of square W7 feet of
restaurant uses would be limited to the number of parking spaces available for that use.
Recommendation
The proposed modification to the adopted Master Site Plan does not increase densities .or
redistribute square footage or alter the height or use of the RFD Road Commons
development
The proposed modification to the adopted Master Site Plan is deemed a minor change.
rl
i
{{ is
'fill's instrument prepared undar the supervision:
arsd tivtren rccot'ded return ro:
Jerry B. proctor, Esq.
Bilzilt J`valbcrg Baenx price &Axelrod LLP
200 Soudt Biscayne Boulevard
Suitt 2300
\luny, Florids 13 J-'?3 >6
DEYELOPIYlEHT AGREENIE! 3T
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(Space Reserved for Clcrk)
r� dy o fll aYC4'i, 2007, b3r and
Ibis Development Agreement is made as of this Y and Rt2C 57�'
between The City of South Miami, Florida, a municipal corporation ( "City' ")
Avenue, LLC ( "Applicant").
Applicant hereby voluntarily makas, declarts, and imposes on the property described
below, this agreement running with the titla to the land, which shall be binding on and shall in
to 4he bereft of rite Applicant, successors and assigns, mortgagees, lessees, and against al
persons claiming by, through, or under them until such time as this Develapment Agree To t
(:'Developrnenf Agreement ") is released in uniting as bereinafter provided;
I3wfR n
EAS, Applicant cans the property in the Ctiy, in Miami -.Dade County, Florida
legally described on Exhibit "A ", also known as 6600-6640 S.W. 57 Avenue and 5757,SW 69
Street {the "property ") and
WHEREAS. on July 22, 2004 Applicant filed an application with the City to rezone Ste
property from TODD (MV-4) (Transit Oriented Development District) to F'M -M (Planned Unit,
Development- infixed Use), and to obtain site plan approval (the "Application'"), and
ifirHERLiSt the Florida 1 ocal Govttznacnt DevelopnlentAgr ForttActesacution of
sections 163.3270 — '163.32+'3, Florida Statutes, (ilia "Act ") provides
development agreranents to ni ura. vin the tOft the eland for the' the dwalionn of the time of
development.agrtament shalt a , P
at_,'reement.
,nr{}Tl%; ,TJ�F<1iEFORE, in consideration of the -covenants, conditions, and promises herein'
contained, tilt receipt and suf6eienoy of which are expressly achowledged, Applicant and the
City hereby agree as follows:
Al1.kAO SJ93.t0.i5 7,3 ?dG3ISat .
1. Permitted Uses Densities, and Intensities. Pursuant to the provisions. of
Chapter 20, Land Development Regulations of -the City of South Miami, the
Property will be improved with the Olowing:.
a. There shall be no more than 407 residential units on the Property.
b. The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall, not exceed five'(5) stories above grade, in
height.
d. Development of the Property shall be in accordance with the adopted master site
plan on file at the City, including eleva ions, architectural features, and estimated
commercial square footage pursuant to Section 20.3 -7, City Code.
e. Development of the Propprty shall be in one (I) phase.
f A building-permit for development of the project must be applied for within 6
months of the data on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 3.7(i), .Expirations of PUD
Approvals. .
2. Public Facilities: In order to enbanoe public facilities in the City of South
Miami, Applicant agrees to provide services in compliance with Section 204.1 of
the Code of the Cit y of South Tvi am including:
a. Water and Sewer services that comply with all requirements of Miami -Dade
County for any building prior to issuance of a final Certificate of Use and
Occupancy,
b. Solid Waste services that comply with all requirements of Miami -Dade County
for any building prior to issuance of final Certificate of Use and Occupancy.
C' Drainage services that comply with all requirements of the Florida Building Code
prior to the occupancy of any buildings:
d. Based on the projected residential population on the Property, Applicant agrees to
donate 5928,000 in one hump sum as its responsibility for meeting park and
recreation concurrency. Payment shall be nrade on or before receipt of the fast
building permit and shall include any interest or carrying cost incurred by the City
until receipt of the payment, Interest calculations are .,indicated on. attached
Bxhibit'B ", incorporated herein by reference.
e. Tia xf co-Applicaut wM obtain necessary governmental approvals, and cause to
have placed and operational a separate left -bu ri, northbound entrance lane on Red
Road (SW 57 Avenue) into'tbe nmitbar mastproposed driveway on Red Road on
the propbrty, prior to the occupancy of any buildings oa the Property. In addition,
Applicant will presaht-plans within two (2) years after the recording of this
MIAMI 1i24iIx.75']37.6027537 2
3/391x7
DcveJopment Agreement to governmental authorities, including the Florida
Departmcrit•of Transportation, for beautification of the median area to consist of
curb and gutter improvements and landscaping in the center of Red Road (SW 57
Avenue). directly south of the intersection of Red Road and Purim u 6orLf Leon
Boulevard. Subject to approval of necessary permits by
Applicant will pay for and construct the baantifieation improvements,
C. Housing -- A requiremeut of ten percent (10 10) of the units will rent to individuals
or families in the moderate income segment of the affordable housing group. If
Ehe residential units convert to condomhtiums, fen percent (1'0 %} of the units will
be sold to individuals or families in the moderate income segment of the
affordable housing group. in analyzing compliance with this paragraph, the City
shall allow minor deviations,, resulting from short -tern vacancies. Incomes shall
be based on Area. Median income (.AM%}., as defined by the U.S. Depatttnent of
Housing and Urban Development. Proof of Compliance with this requirement on
an annual basis shall be provided in writing on or before January 15 of the
folloy&g vear fo the City Manager. In addition, tale Applicant shall make a
payment bi'SI D0,000 to time City on or before the issuance of the first certificate of
use and occupancy for the development on the Property, to be placed in a City
trust fiumd .fo assist in the development of low income housing in the City's
Community Redevelopment Agency area.
3. Taxes: Applicant agrees fo pay all taxes to the City of South.Miami,in an amount .
equal to the annual Operating Millage Rate. If the Property Owner receives an
exemption for paying Operating Millage Taxes from. Miami -Dade County, Pb
property O}vner shall contribute an amount equal to the. Operating Millage Taxes
to the City of South Miami in any year that such exemption is granted. This
provision shall not abrogate any of the Property Ow- -per's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami -Dade
County.
4, Work Force: In an effort to enhance job opportunities for local citizens,
Appltcan£' as ees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South NL axixi, the Applicant .
shall send notice to time Community Redevelopment Agency Director of the City
of. South Miami, or a substitute designee by the City Manager, prior to or
concurrent with the issuance of any (1) bids for construction work on the
Property, (2) bids for temporary or pennanent maintenance work on the Property,
or (3) proposals for leasing of retail space on the Property, in regard to
recruitment and employment, the Applicant shall demonstrate that it has used its
best efforts to hire job applicants from the City of South Miami, provided such
candidates are qualified for time positions in question. In addition, the Applicant
shall hire two residents from the CPA district to assist the Applicant in providing
construction services during the period of construction and development of the
,property, payment for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
1.41AW 9 W%10.15 7326021533
3(29817
>. Site Plan.
all Applicant shall remain stonnwater drainage ranciff on site in accordance with City
maulaClons.
b. Applicant shall provide on site security, As part of on site security to be provided
by the Applicant, the Applicant shill monitor and keep operable the security Gate
to the proposed parkin; garage and make arrangements to assure emergency
access by public safety vehicles.
C, The entrance at Levanto Avc, shall be signalized- and approaches installed based,
oti approval by Miami -Dade County and the State of Florida Department of
Transportation. ,
d, The exit for the driveway onto SW 66 Street shall be designed and operated as a
fight turn out only driveway, The exit shall be closed with a gate to prevent turn
out between the hours of 7:00 A.M. and 10.O0li.M., Monday through Friday.,
k' e, Applicant shall provide a minimum Orono (J) stop Iocation on site for service b�
the HurryCano shuttle. The shuttle stop locations shall not interfere with SW 57
Avenue traffic, Aft klunyCane shuttle passenger pick -ups shall be coordinated
with the City of South Miami shuttlepick -ups to minimize traffic impacts. '
t Applicant shill provide and maintain landscaping acceptable to the City between
the FPL Facility and, the garage. The applicant must provide a row of 12' high
trees with trunks circumferences not less than 6 inches 'on the City's property
between the FP'L facility and the South Miami Community Center. The row of
trees to be located on the City's property between the FPL raciliry and the South
Miami Cbmmutvty Confer shall be uniform in appearance and consist of not less
than 25 trees in the row.
a Applicant shall provide and maintain a six -foot high CBS wail between the
4 project and the rcmaininP se v ce station,
h. Employee parking shall be restricted to the garage and it shall be the developer's
or his assign's responsibility to submit with each occupational license proof that
employers are utilizing the assigned parkin_
i. Applicant shall provide a mastersignage plan for project'identification, tra'Me,
'routing: -and retail stores prior to final project approval by the trivironm6nmi
Review and Preservation Board (F,RPB)..
j. Applicatn shall limit on site ligbting property edges to 2 foot - candles of intensify
at an 18 inch height 1�7ithin six months of project completion the applicant is to
provide a certified, report on the mandated illumination level.
k Applicant is
to assure
that the refuse
service areas
shall be large
enough to
accommodate
adequate
dumpsters. The
final numiiar
and dimensions
of service
451A NI) 819310.13 7326021511
3!>940i
areas shall
final approval nded stage EEnvironmental dadopt d and incoReview
rporated as an exhibit to the
Development val of the Development Agreement. '
Development Agreement prior to final aggro •
1, All parking and street improvemants placed on the public right -of -way on t-b 57
Avenue by nc� Apphcank shall be mainfa ned with funds from.a maintenance bond
-to be Posted Depa hnent Of ansporto permit
n. issuance Proof of posting o the bond shlatl be provided ldto in accordance with
the City.
ILL Applicant must limit the types of retail esrabl l retail in order allocation in the
required parking does not exceed the initial retail parking parking for
adopted master site plan. Applicant to provide the City an initial p g P
retail stores ter shall mainta n the allocated number of spaces for Mob occupant,
❑, Applicant shall install all sidewalks as shown on the adopted master site plan.
l5 th� a. Applicant shall oved by the Planning oBoard in order eto as shown oil the break up the long facade facadetof
plan, as app
the tesidential building.
p, Applicant and the City shall agree on tha number of locations of the loading zones
prior to the final approval of the Development Agreement. The dimensions and
locations of the loading Zones 'ball be attached as an exhibit to the DeveloPtvcnt
Aa ecmcnt.
q; Applicant understands and agrees that the City may elim'v afe the on -s tact
parking spaces located on SW 66 Sti
r. Applicant shall provide 1,001 . perking spaces .[which may be, rcduced in
accordance with Condition #5q, requiring Demo eala of small surfacerlott, and on-sita
Street), through a combination of parking garag ,
street parking.
s• The t Applicant rki g. will comm to participate in a joint working group with the First
Methodist Church of South Miami and pl nanipand thetFirs dUnited Method So
dcvise a plan mutually agrDeable to App t
Church of South cant 9w llt eontribduto the, onstructtiion crostaof specific pedestr an
Road. App Applicant and the First United Methodist Church
enhancements agreed upon by App
o f South Miami,
The Applicant will present plans for traffic permit i d,catill ctre ate l laann nbanced
feet °n Red Road -(SW 57 Avenue) and, if app
"!•anding cone" for pedestrians in the center of Red Road between the povpl of
and the first United Methodist Church to the east, subject to the app
I flami -Dade County and the State oFFlorida Department of Transportation.
hdI U4 (819310.1 i i73G0 ?1531
� 2ito7
t'. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the Property to be selected by die
Planning Director; said location may change from time to time.
U. The Applicant shall obtain approval, from the City of a parking plan for
construction workers prior to the issuance ofa building permit.
6. Schools. In an effort to assist public schools located within the City,'Applicant
voluntarily agrees to donate 534300 to the Wami- Dade 'County School Board
( "School Board "), to be specifically earmarked for capital improvements at public
schools'locafed in the City. The Applicant's donation shall be paid upon the
issuance ofa Certificate of Use and Occupancy for the first residential unit on the
Properly. Decisions: shall be made jointly by die City ana School Board, and
funds must be spent within two 4(2) years of the -donation. In the event that no
capital improvemenis can be identified or agreed upon for the expenditure of the
funds Within the two. year period, the Applicant's donation maybe utilized to fund
programs; purcbasc rnatcrials (such as additional computers) or in any manner'
tl)at the School Board and the City determines will enhance the cumGulurn and
the student's' attending the subject schoolts educational experience. Temis of the
donation and student generation analysis are contained in the School Impact
Review Analysis dated November 16, 2004, attached to this Developirient
Agr'eemont and hereby incorporared'hy reference.
7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20- 3.7(8)(1), City Code.
NO"' THEREFORE, the City, in consideration of the premises, hereby agrees as
follows:
S. Vesth;z. As.long as the development on the Property is in compliance with tJvs
Development Agreement, and all applicable Jaws, ordinances, codes, and policies
in existence at the time oftbo execution of the Development Agreement as well as
othei requirements imposed by the City Commission upon the ratification of the
rezoning or the site plan approval on the Property, the Property shall not be the
subject of a aonrnzoning application by the City and shall not be subject ro any
development moratorium, i'efererrda action, ordinances, policies, or procedures
enacted by the City that limits the development contemplated by this Agreement
and depicted in the ,Master Plan. Any failure by [his Agreement to address a
particular permit, condition, term or restriction shall not relieve the Applicant of
the necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions.
9. Impact Sees, The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement.
WAM 19 19n.1n.3 7Wb21531
ji;?We7
10. Concurrence and Consistency: The Application together with the Applicant's
performance under the Development . 4greement satisfies the concunency
requirements, as delineated in- Section 20-4,11 City Coda. gy execan of this
Agreement the City acknowledges that time. application for site plan approval
meets all eoncurrency regulations enumerated in Section 20 -4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations,
Additional Requirements:
1)_ Term of Agreement. The provisions of this Devolopment /igreentem shall
become effective upon its recordation in the pub! c'reaords of -Dade
Dade
Count).-, Florida, And shat! continue in effect ior'a period of ten (10) years after the
date of such recordation, aner wfiich it may be extended by mutual consent of 01
ami upon
legal and equitable owners of rile Property, and [ha City of South Mi
'approval at a public hearing.
x 12. Annual Renort and Revictr. It shall be the responsibility of Applicant to submit
an anntaat report to the Citv sufficient to fu I511 the requirements as states in the
provisions of tile A, and Ordinance No. 11 -05-1833. This agreement shall ba
reviewed annually on the anniversary of the effective date of this agreement.
Applicant, or its assign;Sball submit an annual rcpon at least 30 days prior to the
annual review date. This report shall contain a section -by- section listing,o'fwhat
obligations have been met and the date finalized, as good faith compliance with
the terms of the agreement. The City Commission shall review the annual report
at a public meeting. If the City Commission finds, on the basis of substantial .
competent evidence, that there has bean a failure to comply with'thc terms of the
Development Agreement, the City shall provide the Applicant vrlth +aifreen (15)
day written notice and'opportanity to' cure the non - compliance. The Applicant
shall have 45 days after tite expiration oFthe IS -day notice period to begin to cure
the non- oompiiance, after which the Agreement may Ue revoked or modified by
rile City,' The obligation to submit an annual report shall conclude upon the date
on which the agreement istcnninazed.
13. 7t4odilication. The provisions of this Development Agreement maybe amended,
added to, derogated, deleted, modified, or changed from time to time by recorded
instrument executed by Ebb then owners'. Of the Property and the City. AMY
modifications to the Site Plan must complywit31 the regulations for alrendPnem'to
PUD -M development contained in Chapter 20 of the City Land Development
Code.
14. Enforcement The City, its successor or assigns, and The Applicant, ,its
successors and assigns, shall have the right to enforce the provisions of this
-Development Agreotnent. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants.
either to restrain violation or to recover damages or both. The prevailing party in
dmc action or suit shall be entitled to recover, it) addition to costs and
Mf liMt g19,110,15 -M60215.11
3i2m'17
disbursements allowed by taw, such sum as ')15 court• may adjudge to be
reasonable for the services Of its attorney. Attorney's fees'payabie under this
paragraph sba)1 not exceed 25 % of 1110 judgment.
15. lnsp o exrunentai authority asa rnvnicipal corporation andtpolitical subdivision
15.
City s g licant, that understands and agrees that any
of the. Stare of Flor da The App or its
agents duly aufborfized, may
official inspector of the City of Soutii T/ iunl,
hale the privilege at any time during normal working hours of entering and
investigating the use of the premises to determ ne.wheTllet the Property
with building and zoning regulations and the conditions herein.
16. ppltcatat(s) islare obligai dl to makelpavmeneslor impro emenis under the ternms
of this Development kgrocmont and such payments are not made Other required, or
such improvements are not made as required•auth rimed to wikhhold any £vrthcr
available, the City of South A•tianni is hereby v ith Phis Development
es' permits on the'pordon of the Property failing to comply' ' certificates
Agreement, and refuse to grant any inspections, any approvals, or any
of occupancy with regard to that portion of the Property until such time this
'Development Agreement is complied with. .
t7• 2emresenta� f the Aroplicanf. Applicant represents to the City as follows: all other
a The execution, ilelivery and performance of this Agreement and have
instruments and agreements executed in
nt and do not regtuire furtl :Agreement
approval by
been properly authorized by the'App
Applicant.' ,
b. This Agreement has been properly executed, and*eonstitutes Applicant's legal,
valid and binding obligations, enforceable againsE Applicant in accordance with
its terms. Or
c, There are no actions, suits or proceeduovernm ntal agency that would n rimy
affaeting Applicant before any court or g
material way affect Applicant's ability to perform ihis,A= 'reemeat.
d Applimllt shall not act in any way whatsoever, directly or led, eexpapt purqua tth o
Aareemeni to be amended, modified, canceled or tetrninai'ed xcep' p
its express teens, and shall hake all actions necessary to ensure thai 'this
Agreement shall remain in full force and efr'ect at all times.
Applicant has the financial capacity io pay oY ad'vance in the City alb fees and
uired nder
payments as req u this Agreement.
1 g, Severity, Zf anyProvlsipn of this Development Agreen all or trohibiiiedatioor
thereof to any Para or circumstances is held invalideemeru shall, be
unenforceabJe for any reason, this he Development Ag
M)A111 A 19> 10.15 ?)36811531
3�lytti7
ineffective only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. joint preparakion, This Agreement bas been drafted with the pai-ticiparioa of
the City and Applicant and their counsel: and shall be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
snbsection contained in this Agreement are for ease of reference only and shall
not affect t'lre interpretational Meaning of this Ageement, Whenever the term
" ncluded" is used n tius Agreement it shall mean that the included items or
terms are included 'without limitation as to, any other items,or terms which may
fall within the listed category. ,
20. Bin dina Effect _ The burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement. '
21.. Options and Pleadings. Paragraph headings are for convenience only and
<< shall not.be used to construe or interpret this Agreement,
'2r A licnble Laws. Jurisdiction. and Venire_ This Agreemenz shall be governed
by and interpreted, construed, and enforced in accordance with the intemal laws
of Florida without'regard to principles of conflicts of law, This Agreement, may
be enforced as provided in Section 163.3243, Florida Statutes. Venue for any
Iitiga6mi pertaining to the subject matter hereof shalt be exclusively in Mian3i-
Dade County, Florida. '
23. Notices, Any notices or reports required by thus Agreement shall be sent to the
fotloddng: •
For the City:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Cony to:
planning Director
planning and Comintmity Development.Departnani
City of South Miami
6130 Sunset Drive
South Miami, H. 33143
Si1.4Mt S 19] I G.t i 7]?G0815> 1
Por titer ft
"firma AbeDat Esq,
General Counsel's Office
Utiiversity of Miami
1320 South DixieMghway, Suite 150
Coral Gables, FL 33125
Copy to:
Jerry B. Proetor, Esq.
Bilzin Sumberg Bai:na Price & A -e3rod LLP
200 So. Biscayne Boulevard, Suite 2500
Y(iami, Fl. 33 331
24. Waivers. No failure or delay by Applicaat or the City to insist upon the strict
performance of any covenant, agreement, term or condition of this Agreement, or
to exercise any right or remedy consequent upon the breach, thereof, shall
• constjtute a waiver of any such breach or any subsequent breaco oASndition of this
agreement, term or condition. 130 covenant, agreement, term, X
Agrecment and no breach thereof shall be waived altered or modified' exec£
written instrument. Tro vtaiver of•any breach shah affect or alter this A„r
ageement term and condition of. this Agreement
but each and every covenant,
shall continue in full force and effect with respect to any other hen existing or
subsequent breach thereof.
2$. Third party Beneticiant. This Agreement is exclusively for theazbepe ether
Pa hereto and the r'Affitiaze,^ and it may of be enforced by Y p
than the parties to this Agreement and shall not diva rise to liability to any'ttiird
party ether than the a cl7orized successors and assigns of the parties hereto,
26. Survival. Any covenant, term or provision of this A'gr'eement wh ch, in Order to
be effective, must survive the terminalion of this graphs ?e3° asnd b which shall
such renaxination including without limitation, paragraphs
survive ibis Agreement.
7 period_ s of 71n e VJher ever any determination is to be'made or action is to be
taken on a date specified in this Agreenmt, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall be extended to the no'Xt
day which is riot a Saturday, Sunday or Icgal holiday.
25, Entire A_ e� e17f This Agreement sets fords the entire agreement between the
parties hereto wish respect to the subject matter hereof- All agreements,
parties h, representations; and warranties, express or implied, oral or written of
the parties wlth respect to the subject matter hereofare contained herein. No other
agroemepis, cover ants, ieprescnta[ ons, [o vflia eC? CpresseG t°iD loo subject
written have been made by any party
matter of this Aa'reentent. All prior and conteMporaneous conversations,
OLAMI s- tY3in.t5 i38G0 ?ti >1 10
dlscussinus, negotiations, possible and alleged agreoments and representations,
covenants and warranties velth respect to' fha subject marker hereof are v awed,
merged herolu and superseded hereby. Each party a£fi inatively represents that no
promises have been made to that party that are not contained.in this Agreement,
and the Exhibits, apd stipulates that no evidence of any promises not contained in
this Agreement, and the Exhibits, shall be admitted into evidence on its behalf.
This Aareetttent shall not be supplemented, amended or, modified by-any covrse
of dealing, course of performance or uses of trade and ay only be amended or
modified by a written Instrument duly executed by ofucers of both parties.
29. Counterparts, This Agreement may be executed (including by facsimile) in one
or more counterparts, ts, a i by the different parties hereto in separate cougterparts,
each of which when executed shall be deemed to be an original but all of which
taken toget)ror shall constitute Doe and the same agreement.
3d. Recordation. 1Nithin 20 days after the Development Agreement has been signed
by both the Applicant and the City, the Applicant slall.caose a copy of The
Development-Agreement to be recorded at the ApplicanPs expense in the registry
ofdecds in Miami -Dade County., P.
31. Zxhibi , All exhibits attached hereto contain additional terms of tllis. Agreement
and 'are incorporated herein by reference.
32, Effectiveness. This Development Agreement shall become effective after the
approval of the applications for rezoning and site plan approval and the expiration
of any appeal periods. The approval of the applications for rezoning and site plan
approval and of the opplioation for approval of this Developmenr Ageetnent,
shall not become effective until The Park donation is established and agreed upon
by the :applicant and the City in ancordance'with Paragraph nd, if the Part:
donat on is not•establisbed in accordance with Paragraph 411d, the applications for
rezoning, rile plan approval, and approval of this Development Agreement shall
be considered withdrawn Mthout prejudice by the Applicant.
)Ar IrrUMESS 1-M EOCt these presents have been executed this o29+�'' day of
2007.
NJUAFil 519310.15 7312602151 I I
v'2n+ t7
ACiQVO WLED.GMENNT AND ACCEPI"ANCE
BY OF SOUTH ML041
7,'A %O grAL.L hfC'N 6YTHESE ARESE,VTS that:
The
City
of Sooth Miami
acknowledges and
accepts the foregoing Development
Agreement
and
each and all
of the terms
and • provisions contained therein,
. dated and attached hereto.
D.kTED this 'a j . dayof,&IyaClf , 2007
CiT'i' OF SOt1TTi IvXLAh
By:
YvomteS ter -MrKittley Y
City Managcr
kT EST:
S
``CZTk GLER1 Ma a M Menendez v"
STATE OF - }
) SS
COUNTY O F -�J )
forcgoine instrument. upas acla?otvledged before ma thigAe day of t 2007 by
e y 4 , i' /fD aavy of rbe City of Saud Nliani mid attested to by
rig M. Menendez ; City Clerk, of the Ciry of South M auti who are ( ) personally knovwn
tome or ( j produced a valid driver's license as identification.
Made M. Menendez
i rotary Publi : ' F
t
Stgn Ntame•
Print Nam e: AaeiaM Menendez
My Commission Expires:
Serial Ito. (None, i.fblank):
(NOTARL&L S'$AS.)
MARK M. MrNENPE2"
n wrcoter S%hihxx ser oISVs ZXPjjiE
IiY'yJTt };Y 2n�.hi'ir?.:::4'� u.
32Si67 .
Ii�r W1ITTESS WHE OF, the undersigncd party has agreed to this -Development
Agreement dated as of thcday of J� 1( YY�n 2007.
PI to
RRC sf" Avenue, LLC, a Florida
yj p� limited liability company
Print Name �r`yp Q + ` Af3r~uJ� ,By; University of Miami, a Florida non - profit
corporation, irs s e meinbez
Art,., Joseph toll
; Senior or icc President for Business
' and .Finance
STATE OF FLORIDA ),
SS:
COUNTY OF MIAMI- D.A.DE)
The foregoing instrument was acknowledged before me thin' day o
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of qtheivorsi�
of Miami, a Florida non profit corporation, the Sole Member of RRC 57`" Avenue,. LLC, a
Florida limited liability company. WShe is personally I:aowzi to me or has produced a State of
driver's license as identification
:Sign Name:
Print Name: l f%7
My Commission Expires: O Y VBL
Serial No. (none, if blank):
[NOTARY SL'AL,]
typTAitY
PM ,C -STATE of F =Dh
Melody M. Smith
IT=i OCT. p0 2010
°•� oNAiFG C0.,7NC
BOhpFD TNRU l.'�thknC B
A41AMi 8193 to.) 57126020531 13
3 P,9107 ,
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, September 29, 2009
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 8:00 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairperson, Mr. Morton requested a roll call. Board members present
constituting a quorum:
Present: Mr. Cruz, Ms, Young, Mr. Morton, Ms. Yates, Mr. Whitman and Mr. Farfan
(came in Iate).
Absent: Mr. Comendeiro
City staff present: Thomas L Vageline (Planning and Zoning Director), Sanford A.
Youkiiis (Planning Consultant), Maria Stout -Tate (Administrative Assistant 11), Lourdes
Cabrera - Hernandez (Principal Planner), Mark Goldstein, Interim Assistant City Attorney.
IV. Planning Board Applications/Public Hearings.
Motion was adopted and passed.
PB- 09 -Q23.
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 12 -05 -1834, AND AMENDED BY ORDINANCE NO, 17 -05=
1839, WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT
DEVELOPMENT- MlrxED USE PROJECT KNOWN AS RED ROAD COMMONS
LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF
THE AMENDMENT IS TO REQUIRE THAT ALL REQUIRED PARKING PURSUANT TO'
LAND DEVELOPMENT CODE SECTION 20- 4.4(B) IS PROVIDED FOR ALL USES
LOCATED ON THE PROPERTY AND TO UPDATE THE CURRENT NUMBER OF
PARKING SPACES PROVIDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Ms. Young read into the record.
planning Board Meeting
September 29, 2009
Page 2 of 4
Mr. Morton asked City staff to speak on this issue.
Discussion: Mr. YoukiIis stated that in a letter to the City in August, 2009 from Mr. Jerry Proctor
an attorney representing Red Road Commons LLC a modification was requested to the adopted
Planned Unit Development -Mixed Use (PUD -M) Master Site Plan for the project which was
approved by the City in 2005. The proposed modification to the "Red Road Commons" PUD -M
adopted Master Site Plan was proposed to provide safe accessible bicycle storage for people leasing
the dwelling units. The bicycle storage area would be located on the first floor of the parking
garage in the southwestern portion of the property. To accomplish the installation of bicycle
storage for 200 bicycles, eleven parking spaces needed to be removed.
Mr. Youkilis stated that the City of South Miami Land Development Code (Section 20- 512(F),
entitled "Changes in Final Plans and Reports" provides language to determine whether a proposed
change or adjustment to an adopted Master Site Plan in a designated PUD area constitutes a major
or minor modification. A major modification generally involves an increase in density, height or
uses within the PUD project. The Planning Director determined that the proposed change to the Red
Road Commons PUD -M was a minor modification and therefore did not require public hearings
before the Planning Board and City Commission. If the City Manager concurs with the finding, a
report to the City Commission is then made. This report to the City Commission contained a very
detailed analysis and update on the amount of parking required for the project.
Mr, Youldlis went on to state that the City Commission at its September 1, 2009 meeting received
the report on the Red Road Commons PUD -M modification and concurred with the finding.
However, the Commission felt that modification which also affects the number of parking spaces
available for future commercial uses should be "memorialized" or formally recorded as part of the
project's development approval. It was suggested that the Development Agreement, also approved
in 2005, should be amended to update the parking space allocation formula and to note that
compliance with the Land Development Code for parking for future retail, office or restaurant uses
will be required.
Mr. Youldlis stated that the Development Agreement has been amended in the past in order to
adjust certain provisions. The proposed amendments as set forth above would be included on pp. 2
and p..5 in the current Development Agreement. The Agreement would be amended by the
following:
(p. 2) (the addition of new l.g.)
"1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20,
Land Development Regulations of the City of South Miami, the Property will be impr9ved
with the following:
a. There shall be no more than 407 residential units on the Property.
b. The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall not exceed five (5) stories above grade, in height.
Planning Board Meeting
September 29, 2009
Page 3 of 4
d. Development of the Property shall be in accordance with the adopted master site plan on file
at the City, including elevations, architectural features, and estimated commercial square
footage pursuant to Section 20.3 -7, City Code.
e. Development of the Property shall be in one (1) phase.
f A building permit for development of the project must be applied for within 6 months of the
date on which this final development agreement is signed, notwithstanding the provisions of
LDC Section 20- 33(i), Expirations of P17D Approvals.
g: The extent of retail office and restaurant uses shall not exceed and be limited liy, tlee
capacity of provided parkins The parking requirements in the Land )Development
Code Section 20-4.4(B) for all retail office and restaurant uses shall be complied. with.
(p.5) (footnote added as follows)
5.
site flan.
r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with
Condition #5q, requiring removal of on- street parking on SW 66 Street], through a
combination of parking garage, a small surface lot, and on -site street parking.
*As of October 2009: 958 total parking spaces remain after reductions set forth in 5r
._ ....• _ _ __ n_..........SA.._.C.,S .r... }n. nod .
Mr. Youkilis stated that it should be recommended and that the above two modifications to the Red
Road Commons Development Agreement be recommended for approval.
Mr. Cruz asked if they need the eleven spaces to be able to build what they have there. Mr. Youkilis
stated that they have 67 surplus spaces for fature office, retail, and restaurant uses.
Mr. Vageline then read from the City Manager's September 1, 2009 report showing how many
parking spaces were created and the available.spaces at the present time.
Mr, Morton opened the public hearing.
NAME: ADDRESS SUPPORT /OPPOSE
Jerry Proctor 200 S. Biscayne Blvd. Supports,
Mr. Proctor stated that he did not mind that the City brought this amendment to the Planning Board.
He went on to say that the bike racks were being put in so that residents could take part in other
methods of transportation for those who would reside in this site. Mr. Proctor stated that these I 1
Planning Board Meeting
September 29, 2009
Page 4 of 4
spaces would not be an issue, as there was adequate parking already established for entire project.
We are here tonight because we made a minor amendment that was accepted by the Planning &
Zoning Director and City Manager forwarded to the City Commission.
Mr. Morton closed the public hearing.
Mr. Morton inquired if there were any questions from the Board.
Mr. Whitman suggested an amendment on page 2, paragraph G, which is being added, modify the
second sentence top read with "The development shall comply with the parking requirements in the
Land Development Code Section 20-4.4(B)for all retail, office and restaurant uses."
Mr. Morton asked if this was a motion.
Motion: Mr. Whitman moved to revise the amendment as described. Seconded by Mr. Cruz.
5 ayes, 0 nayes.
Motion was adopted and passed.
Motion: Mx. Whitman made a motion to accept the entire amendment as a whole. Seconded by Mr.
Cruz.
5 ayes, 0 nays.
Motion was adopted and passed.
XAComm itemsl2009 \10- 20:09\P]3 Minutes SxcMt 9- 29- 09.doc
To: Honorable Chair &
Planning Board Members
From Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: September 29, 2009
Re: Amendment to the
Development Agreement
for Red Road Commons
PB3 09 -023
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT
AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12- 05,1834,
AND AMENDED BY ORDINANCE NO. 17- 054839, WHICH APPROVED
THE DEVELOPMENT AGREEMENT FOR A PLANNER UNIT
DEVELOPMENT -MI)KED USE PROJECT KNOWN AS RED ROAD
COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68
STREET; THE PURPOSE OF THE AMENDMENT IS TO REQUIRE THAT
ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT
CODE SECTION 20- 4.4(6) IS PROVIDED TOR ALL USES LOCATED ON
THE PROPERTY AND TO UPDATE THE CURRENT NUMBER OF
PARKING SPACES PROVIDED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.'
Baclmround
In a letter dated August 5, 2009 from Mr. Jerry Proctor (copy attached as Exhibit "A "),
an attorney representing Red Road Commons LLC a modification was requested to the
adopted Planned Unit Development -Mixed Use (PUD -M) Master Site Plan for the project
which was approved by the City in 2005. The proposed modification to the "Red Road
Commons" PUD -M adopted Master Site Plan was proposed to provide safe accessible
bicycle storage foi peop% leasing the dwelling units. The bicycle storage area would be
located on the first floor of the parking garage in the southwestern portion of the
property., To accomplish the installation of bicycle storage for 200 bicycles, eleven
parking spaces needed to be removed.
PUD Modification Procedure
The City of South Miami Land Development Code (Section 20- 5.12(F), entitled
"Changes in Final Plans and Reports" provides language to determine whether a
proposed change or adjustment to an adopted Master Site Plan in a designated PUD area
constitutes a major or minor modification. A major modification generally involves an
increase in density, height or uses within the PUD project. The Planning Director
determined that the proposed change to the Red Road Commons PUD -M was a minor
modification and therefore did not require public hearings before the Planning Board and
City Commission. l£ the City Manager concurs with the finding, a report to the City
Commission is then made. A copy of that report to the City Commission dated September
1. 2009 is attached as Exhibit `B ". It is important to note that this report to the City
Commission contains a very detailed analysis and update on the amount of parking
required for the project.
Cifv Commission Action
The City Commission at its September 1, 2009 meeting received the report on the Red
Road Commons PUD -M modification and concurred with the finding. However, the
Commission felt that modification which also affects the number of parking spaces
available for future commercial uses, should be "memorialized" or formally recorded as
part of the project's development approval. It was suggested that the Development
Agreement, also approved in 2005, should be amended to update the parking space
allocation formula and to note that compliance with the Land Development Code for
parking for future retail, office or restaurant uses will be required.
Development Agreement Amendments
The Development Agreement has been amended in the past in order to adjust certain
provisions. The proposed amendments as set forth above would be included on pp.2 and
5 in the current Development Agreement. Attached is a copy of pp. 1 -5 of the current
Development Agreement (Exhibit "C "). The Agreement would be amended by the
following:
(p. 2) (the addition of new 1.g.)
"l. Permitted Uses, Densities, and Xntensides. Pursuant to the provisions of
Chapter 20, Land Development Regulations ,of the City of South Miami, the
Property will be improved with the following:
a, There shall be no more than 407 residential units on the Property.
b, The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall not exceed five (5) stories above,grade, in
height.
2
d. Development of the Property shall be in accordance with the adopted master site
plan on file at the City, including elevations, architectural features, and estimated
commercial square footage pursuant to Section 20.3 -7, City Code.
e. Development of the Property shall be in one (1) phase.
£ A building permit for development of the project must be applied for within 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 3.7(i), Expirations of'PUD
Approvals. ,.
The extent of retail office and restaurant uses shall not exceed and be
restaurant uses shall be complied with.
(p.5) (footnote added as follows)
5. Site Plarz.
r. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition 95q, requiring removal of on- street parking on SW 66
Street], through a combination of,parking garage, a small surface lot, and on -site
street parking.*
''BAs of October 2009: 958 total arldo spaces remain after reductions set
.. , .. ...... ....__Y___ ony ,.,:...,.... ,P..,.
uses.
Reeommend3.ti0A
It is recommended that the above two modifications to the Red Road Commons
Development Agreement be recommended for approval.
Attachments: I
Communication ftom Jeny Proctor, Aug. 12, 2009(Exhibit A)
CMStaff report on Minor Modification to Site Plan, Sept. 1, 2009 (Exhibit B)
Development Agreemen tfor Red Road Commons pp.1- 5 (Exhibit Q
Public Notices
TN /SAX
X,VBTB Agendas staff ReponsVG09 Agendas Staff Reports9.29.091Red Road Commons Aevel Agree Amend 2009 Report.doo
AN O£
AMENDk,-AMEND
M SSIOD
LVO`
t.. ' O(tO1NA
CITY p, SbI1TH IVIlAM1 ', W LL BE
.
LA
` �'_}_107YC£,'O,FPUBtiC 11E%IRYNC. * ADPM
NOT10E13 Ha BYgrven I ttla City COmnjsslorl of ttw Cily of EFFECT
p.m. in Flfiip e .pCel(y g iCu owmhMd,lusgSroh.GaiaHm6baanrsn
.1blill. ovem4tt fT'hY gs aLLysrreg0larC ryCpmmissb0
AREO
615
eto cats(dor( 'pE THE,
thefollovnbg Pem(s$:, PURSU!
AN; ORDINANCE OF THE MAYOR' AND THE CRY
COMMISSION, OF THE CITY OF SOUTH MLAMI, FLORIDA: .
AMFNDING THE tAtAND DEVELOPMENT CORE SECTION
.... ., .. I nmA n &F-sr-E' IN
BILITY, ORDINANCES IN CCNFLICT: AND PROVIDING AN
EFFECTIVEPATE, ..
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH
E M SEICTION0 AMENDING LAND -
20-2.3 ENTITLED
'DEFINITIONS' BY ADDING A NEW DEFINITION OF SAND
USE REGULATIONS': AND ADDING A NEW DEFINITION OF
'DEVELOPMENT REGULATIONS' BY _ MODIFYING THE
EXISTING DEFINITION OF 'REGULATIONS'; PROVIDING
FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN
CONFLICT; AN D PROVIDI NG AN EF FECTI V E GATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA'AMENDING THE.
EOVTH.UMIAMI CODE OF ORDINANCES IN ORDER TO
REMOVE EXISTING CHAPTER 10A'E TlneU FLOODW
AND TO REPLACE SAID CHAPTER WITH A NEW CHAPTER
10A ENTITLED 'FLOOD DAMAGE PREVENTION-WHICH
�......,,. . c.nrr Iml APC.TIONS: PROVIDING FOR
:LISHING THE AREAS. OF SPECIAL FLOOD
iOVIDING A DESIGNATION OF FLOODPLAIN
,TOR; PROVIDING FOR ESTABLISHMENT OF
, N PERMIT; PROVIDING FOR COMPLIANCE;
FOR ABROGATION AND GREATER RESTRIC-
JIDING FOR INTERPRETATION; PROVIDING A
ND A DISCLAIMER OF LIABILITY; PROVIDING
FDR VIOLATION; PROVIDING ADMINISfRA-
RDING PERMIT PROCEDURES; PROVIDING
D RESPONSISILITIES OF THE FLOODPLAIN
ITOR: PROVIDING PROVISIONS FOR FLOOD
WCT ON; PROVIDINGGENERALSTANDARDS:
SPECIFIC STANDARDS; PROVIDING
I FOR A -ZONES WITHOUT BASE FLOOD
NINA' ;
TIGNS' WHICH '?
{AMENDMENT
FOR PING SEVEFX� A N. : ;
'ROViOING A
'ROV)DINGAN EFFECTIVE
R AND EtTY COMMISSION
RE I. N,GTOAREQUEST `
:4(894)(6) OF, THE "LAND
IPL,
=C USE,A&RdVAL TO
11 AT'.Sg00 .SW 73rd
-Wp EPECIAL -TY: RETAIL
,Y)ZOWNGOISTRICT: AND
PROVIDINGANEFFECT IVE DA I t
ALL Interested Parties areinvlled 10 aryeptl,dndw ibObpaot,
For fWlhO infoimagpn. please contact tM City CIW* Ofloo al:
305,863E340.
" Marie M. Menentlex,CMC
Pursuant to "N"o Sfa1NFa 286.0105, fbe.City mmCy edviws the NNN
Ihet if pot deoldes to appear any 000s'ron Mato by NIs BooW,
Ageiiry Or CommlBSbn_wil1, roaP to any matfeF ooIe4emd at IS
meets g'or hearing, he oT ste MM needz'mwrd of tfIo ptoceedinga, and
Nat for such Pumoec,. %%WC p0000 may nentl to anwm flwts verbal;m
record ufIW proaetdingsls medewhlch record 416tAe'a.the lesllmanY and
evWem'.e upon whidr the appeal is W be booed.- - '
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