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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 � � \\ � .. r f \.I % . 2 \ :� | § $. -•, � . ; ] ! § ( 4 ; E ( ! ; ) } ) ,)� . � \\ � .. r f \.I % . 2 \ :� | § $. -•, � . ; ] ! § 4 ( } ,)� "oath Miami EXHIBIT "B" )ISME0 �./ 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 (( !t f (1 (ll` 1411 .1111141Mtill1111.. .28856 OR Sk 25696 Hil 0052 — 72, (21rna) REOME6 03130no07 15zo2r31 tJIIA-f1HY RT MT p WUTr FLORIDA' (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. 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