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Ord. No. 05-05-1827aORDINANCE NO. 05-05-1827 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 108 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in 2005 the South Miami Corporation is requesting approval of a Development Agreement for a 4,5 acre proposed unified development to be called "Project Sunset' which will include a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally described as Lots 6 thm 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in plat book 3 at page 198 of the public records of Miami -Dade County; and WHEREAS, the City Commission at its March 1, 2005 meeting adopted a resolution allowing two special exceptions and adopted a special use resolution permitting the location of four restaurants in the unified development; and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, the South Miami Corporation has proposed the execution of a development agreement with the City of South Miami pertaining to the mixed use project entitled "Project Sunset' which agreement would set forth all of the conditions and commitments required by the City resulting from the approval of the special exception and special use requests; and WHEREAS, the Planning Board at a meeting on February 22, 2005 after a public hearing, adopted a motion by a vote of 4 aye I nay recommending approval of the proposed Development Agreement subject to specific revisions and conditions, which have been included in the draft agreement; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit "A" as amended during the March 15, 2005 public hearing, and dated March 15, 2005 between the City of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed Ord. No. 05 -05 -1827 unified development to be called "Project Sunset" which will include a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami -Dade County is approved. Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this I _t� day of / yl, 2005 ATTEST: L 'add 1AV l s` Reading -3 /1 / 0 5 2"d/Reading -3 / 15 / 0 5 APPROVED AS TO FORM: .TTORNEY Exhibit "A" Development Agreement E: \Comm Items \2005 \3- 1- 05\Development Agreement Bank Ord.doc • COMMISSION VOTE: 4-1 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar Nay CITY OF SOUTH MIAMI MI- AmedcaeiN FFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Commission Members r From: Maria Davis �- City Manager < Date: March 15, 2005 ITEM No. Re: Development Agreement Project Sunset -South Miami Corp. 5750 Sunset Dr. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 108 MULTI-_ FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS; BANK AND PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY, AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45;'53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a Development Agreement for a 4.5 acre property as described above. The proposed development to be called "Project Sunset" will include residential buildings, parking , office uses and retail uses. A total of 108 dwelling units and 87,212 square feet of commercial space will be constructed in one phase. The Development Agreement is the third element of the applicant's approval process for a proposed unified development project extending over 3 city blocks. The first element is a request for a two special exceptions to certain provisions in the SR Hometown District. The second part is the approval of a special use request to allow four restaurants within the unified development area. The applicant has indicated consent to entering into a Development Agreement with the City which would make legally enforceable the site plan and all of the conditions and requirements set Development Agreement Page 2 of 3 forth by the City as part of its approval of the special uses and special exceptions. DEVELOPMENT AGREEMENT REGULATIONS Florida State Statutes 163.3220 -3243 (Florida Local Government Development Agreement Act) sets forth the authorization and procedures for a local governments if they intend to enter into an agreement with a developer of property. The purpose of a development agreement is to assure that the development program and all of the related conditions as approved by the local government will be implemented. SUMMARY OF DEVELOPMENT AGREEMENT The following is a summary of the major provisions in the proposed agreement: • The term of the agreement is 10 years.(pp2 -3, No. 3) • The Use of the Property (p.3, No.4) including density. The property will be developed in two phases This section needs to be adjusted to indicate 108 maximum number of units and a site size of 4.5 acres. The project must be built at one time or the applicant must post a performance bond. • In order to respond to the City's concurrency standard for park and recreation facility expansion the developer agrees to pay a fee to the City (p. 4 No. 5d). The fee amount must, reflect the proportional cost of the City's proposed purchase of the YMCA property; or a provision for a substitute amount equal to the average cost of an acre of residential land within a 1200 foot radius of the project site should the City not acquire the YMCA site. Permits Section (p.5 1,40.7); This section needs to be corrected to indicate four restaurants and that retail and restaurant parking spaces must be marked and signed. • Development Conditions (p.5 -6 No. 8) This section needs to be amended to mandate that all development must be in accord with the actual site plan submitted with the special exception and special use applications. • All of the conditions approved by the Planning Board as part of the project review should be incorporated in the development agreement. PLANNING BOARD ACTION The Planning Board at its February 22, 2005 meeting adopted a motion by a vote of 4 ayes and 1 nay (Mr. Liddy) recommending approval of the Development Agreement with all but one of the conditions set forth by staff. The Board voted to recommend that Item 5b on p.4 should include the following: The fee amount must reflect the proportional cost of the City's proposed purchase of the YMCA property; or a provision for a substitute fee based upon the average sales price of residential property in the City over the past two years. CITY ATTORNEY PROPOSED AMENDMENT The City Attorney advised that the following amendment to the draft Development Agreement was needed: Development Agreement Page 3 of 3 36. ABANDONMENT OF RIGHT OF WAY The City agrees to abandon the right of way adjacent to the property to the buildable line. The Applicant shall contemporaneously grant to the City an easement from the right of way adjacent to the property to the buildable line, for all future needs of the City. To ensure that the proposed structure does not interfere with the City's future needs, any permanent structure extending out over the City's easement shall provide the City with a clearance as provided in the Hometown Overlay District in the Land Development Code (10 feet minimum) RECOMMENDATION (1) It is recommended that the attached proposed Development Agreement as modified by the staff . comments above, the amendment suggested above by the Planning Board, and the City Attorney's amendment be approved. (2) The attached proposed ordinance formally adopting the Development Agreement on first reading should be approved. ' Attachments Proposed ordinance Development Agreement Fl. State Statute 163.3220 - 163.3243 - Public notices NID/DOD /SA' Y � C p1/�� \\MCGRUFFV'LANNING C mih Items \2005\3- 1 -05\Devel Agree 5750 Sunset Report.doc MIAMI DAILY BUSINESS REVIEW Published early axmdd Saturday, Sunday and Learn maxima Miami, Miambeade County. Rude. STATE OF FLORIDA COUNTY OF MIAMI -DADS: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR. Legal Notices of the Miami Daily Business and L Count being CITY OF SOUTH MIAMI PUBLIC HEARING FOR 3/15 12005 In the XXXX Court, was published in said newspaper In the Issues of 03/04/2005 further says that the said Miami Daily Business M is a newspaper published at Miami In said Miami -Dade y, Florida and that the sold newspaper has fore been continuously published in send MIam6DadeCounty, a, each day (except Saturday, Sunday and Legal Hoildays) as been entered as second class mail matter at the post In Miami In said Miami -Dade County, Florida' for a of one year next preceding the first publication of the ad copy of advertisement; and affiant further says that he or as neither paid nor promised any person, firm or corporation scount, rebate, commission or refund for the purpose ..�__.._ ..a..,....m...e.0 rar u hum.fran in the said Swom to and subscribed before me this 04 day of MARCH , A.D. 2005 .(SEAL) Charyl H Mamer O.V. FERBEYRE personals It tIMMmmisoion BE rs through seniors ace of fabric or an ndkerchief along ns such as Pillow- and more to cele- itness of Shabbat. VIII be provided. or dress accord- s Shabbat Service Shabbat In an Intl- - service in In Room ,in Am is proud to afionai network of affiliated with . magogue Transfor- :enewal dedicated g Shabbat :with a rvative options In .raver, study, social 'Toy , coming. The iroundtoreaking of Sanctuary /Ball- ti /Administrative i be at 11:30 a.m. more information, Epstein, Develop- er, ext. 148, )ep• erg: Family Purim gating Beth Am 's y will be from noon itch 13. Call Susan 305- 66,7 -7185 or meld erman at 2. The Empty Nest- e screening of The :'s Wife at 7 P.M. matt Annie Baran- 151 or aberen- rg. Purim Celebra- Shushan idol will be ,rch 24. An evening for children and peciai activities for kets $15 in advance, or. Children under 5 ,re admitted free. :kets can be pur- March 22.-Call Lori ext. 114, Isolo- .org. High school agues are Tuesdays, s and Thursdays rii 28 for girls and nine to 12. A fee is ntact Linda Feffer- tba.il Coordinator, or Heffer- org. B,AFTY's annual .lotion will be March avdalah, dinner and :tion to raise money Tiny, a camp run by iderprivlleged chil- Atlanta. Call Amy )uth director, at ext. el, 137 NE 19th St., DO: Hamentaschen 101 Course will be a 10 a.m. March 13. to make Purim's We dough. RSVP to at 305 -573 -5900, 30th Annual Cantor is Spring Music Fes- thin; of 20th Century ." at 1 p.m. March 13 long other cantors, toriai Soloist, Karina Cost: $18. Call 10 to RSVP. Sister- is "Do -Re -Ml "Honor 11:30 a.m. March 17., the opportunity to great people, enjoy id contribute to the grams. For reserve- Series will be noon March 24 and discuss The Things They Carried by Tim O'Brien. Lisa Jefferles will lead the session. Bring a bag lunch and coffee will be pro- vided. Adult Purim. Megillah Reading "Year of the Hat" will be 7:30 p.m. March 26. Bring your fanciest, funniest hats and cos- tumes. We will read from the Megillah and Chinese food will be served. Tickets are $10 per per- son. Cali 305 -573 -5900. Feed the homeless in a joint program with Touching Miami with Love will meet 7:45 to 10:45 a.m. March 27 at Central Baptist Church on Northeast Fifth Street and Northeast First Avenue by the Court Building. We'll prepare and serve food and do clean up as well as have an opportunity to have some fascinating conversa- tions with our friends who partic- ipate. Contact us to reserve your slots. .Contact Bruce Jay at 305- 576 -5001, ext. 28. Temple Samu -El Or Olom, 10680 SW 113th PI., 305- 271 -5756: Adult Wool Mitz- vah class, conducted by Cantor Ronit Rubin, at 8 p.m. March 15. Contact the Synagogue office for registration. TSOO Youth Singers will rehearse with Cantor Rubin from 5:30 p.m. to 7 p.m, and TSOO Adult Singers will rehearse with Cantor Rubin from 730 p.m. to 9:15 p.m. March 10 and 17. Shabbat evening services will be conducted by Rabbi David D. Schonblum whose ser- mon topic will be "What Is a Shekel?' at 8 p.m. March 11. Can- dle lighting is at 6:10 p.m. Shab- bat morning services will be con- ducted by Rabbi David D. Schonblum who will discuss the Torah portion, Pekudei, at 9:30 a.m. March 12. Shabbat ends at 7:04 p.m. United Synagogue Youth (USY) Havdalah and Des- serts at 7:30 p.m. followed at 8' Pm, by the USY Talent Show March 12. Enjoy the songs, acts, dances and comedy. Admission is $5 and will benefit our own chapter, USY, Inc. Shabbat eve- ning services will be,conducted by Rabbi' David D. Schonblum whose sermon topic will be 'Minding Your Business' at 8 p.m. March 18. Candle lighting Is at 6:13 P.M. Shabbat morning services will be conducted by Rabbi David D. Schonblum who will discuss the Torah portion, Vayikrah at 9:30 a.m. March 19. Shabbat ends at 7:07 P.M. Purim' Carnival and Klezmer Concert from 10 a.m. to 2:30 p.m. March 20. Enjoy -the games, rides and tasty foods. Listen to, sing, and dance the joyful Klezmer songs and melodies. Kids Club sched- ule, open to children In kinder -. garten through fifth grade: Meet- ings will be held on Wednesday evenings, April 13 and May 11. All events will be held at the Temple. Dues for the year a,a $6O, which will include regularly scheduled activities and snacks. Visit www.tsoomiami.org, at k,.1F i �N 1 qP (7-s 09a en7pPhyS,"' n r ax r„ry aB ori% �, WV li Va. ar`5 �4uai o- r- �'`h . 3�.': e �',+ i` .,k;`�,ta .7 'Waves keeps y ®u up -ern COURTESY NOTICE whats hot, CITY OF SOUTH MIAMI, FLORMA what not On Tuesday, March 15, 2005, beginning at 7:30 p.m., In the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following Items: every* eke PROVIDING ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES Of THE CITY OF SOUTH MIAMI; PROVIDING FOR A Lhat 'S MINIMUM HATE OF BENEFIT ACCRUAL FDR POLICE OFFICER EMPLOYEES. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT happenmi g On PROJECT KNOWN AS "PROJECT SUNSET "WHICH WILL INCLUDE THREE iI BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING j USES: 106 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE laid Qr sea. USES, RESTAURANTS, BANK AND A PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 46,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A, LARKINS SUBDIVISION ACCORDING TD THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 7960E THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. A6,e A RESOLUTION FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL gp�gT /Ts9�q�ag� OFFICE / RETAIL (MU-5)", UANSIDTNOR ORIENTED DEVELOPMENT�DISTRICT (MIXED SW waves USES). veYy�ZbYS� A RESOLUTION FOR A SPECIAL USE APPROVAL TO 'LOCATE FOUR GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A UNIFIED In �*d T� /� (DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL PROPERTY NNI DISTRICT vil rag The L Lewlfa` - SA ED GENERALLY AT 5750 SUNSET DRIVE RID LEGALLYRDEBCflIB- AS LOTS 6 THRU 9,40 THRU 45, 53 THRU 66 IN GIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LA INS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 19B OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. inquiries concerning the above two items Should be directed to the City Clerk's B 0 - sign, at 305.663 -6340: ALL Interested games are invited to attend and will be heard. Marla M. Menendez City Clerk r MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday. Sunday and ., Legal Holidays Miami, Miami -Dade (xounty, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Dally Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MARCH 1, 2005 in the XXXX Court, was published in said newspaper in the issues of 02/18/2005 AHiant further says that the said Miami Dally Business Review is a newspaper published at Miami In said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Salurday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and attiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of sec ring this advertisement for publication in the said . newer. A _ 1 ^ Sworn to and subscribed before me this 18 tl BRUARY (SEAL) BOOKIE WILLIAMS personally known to me amn Mane I. Mesa .Y } My Commission DD2olli Va, Expires MaRh 04, 2000 8 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA ` on Tuesday, March 1, 2005, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold'., Public Hearings to consider the following items: AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA KNOWN ST"PROJECT SUNSET"2WH CH WILL INCLUDE ETHR E BUILDINGS EUP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 106 MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND A PARKING GARAGES; AL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 51 AND 52 LARKINS SUBDIVISION ACCORDING TO 50 PLATT TH REOF RECORDED N PLA� BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT SUNSET" A UNIFIED DEVELOPMENT PROJECT IN THE "SR(HO -OV)" SPECIALTY RETAIL SPECIAL HEXC POT ON DISTRICT 20.7 8 AND DISTRICT TO PERMIT: N ORDER TO ALLOW A TOTAL LOT COVERAGE OF 72.29% OR 139,435 SQUARE FEET' WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE AND 60,000 SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20 -7.9B TO ALLOW FOUR BANK DRIVE -THRU LANES WHICH EXCEED THE MAXIMUM PERMITTED TWO BANK DRIVE -THRU LANES; ALL FOR PROPERTY GENERALLY LOCATED AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK, 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET' A UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. ' A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(S) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL OFFICE! RETAIL) BUILDING AT 7150 -7160 SW 62n° AVENUE IN THE "TODD (MU- 5) ', TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5). Inquiries concerning the above two items should be directed to the Planning Department at 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advise$ the public that If a person decides to appeal any decision made by this board, Agency or Commission with respect to any matter considered at its meeting or hea urg, he or she will need a record of the Proceedings, and that for such purpose, affected erson may need to ensure that a verbatim record of the Proceedings is made which ..oroPincludes the testimony and evidence upon which the appeal s to be based. Get advice that's always on the money. Read Hmdct7oMsoa Bnckeyin Monry Mo..,e Thcodsc Never Argue With Your Contractor That's Our Job McCrea Construction Consultants - The Owner's Champion - We provide affordable, expert consulting services directly to homeowners and business owners. Residential, Commercial, New, or Remodeling Owners pay all the bills but know least about the business. No wonder we've all heard construction horror stories. Don't be another one. Get a Champion on your side. 611 today' 305 -667 -6702 �B�Gcttrii%eG� iD '�uad(ti?� '� 1'17 G999i'G0� t" Vvwrr - nv:l se L Pow, iNc: •Pool Designing and CoMtmRion` '.6-ploamlop.bido¢ clone • 5oltsonitlzlrg Sgstcas _ ' W In d., lit enovodoa • Heodnq SVstace P 9 • pede: Stone, Bridi b Hooids& , Rpll Ole, 4,sto0otlors • Waterfall Desigre ,�,�, Serving South Florida for 28 Van Licensed 8lnsurad sinta 1977 a}'-w' Call for Free Estimates 305.261'•7927 :- c- W. TUCKER GIBBS ATTORNEY AT LAW 215 GRAND AVENUE P.O. BOX 1050 COCONUT GROVE. FLORIDA 33133 TELEPHONE (305) 446 -8486 FACSI MILE (305) 446 -0773 March 11, 2005 VIA HAND DELIVERY The Honorable Mayor and City Commissioners City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Revised Development Agreement and Exhibits for Application for Development Proposal for 5750 Sunset Drive. Dear Mayor and Commissioners: On behalf of my client, the South Miami Corporation, I am providing you with the revised Development Agreement and exhibits for the referenced project as changed at the March 1, 2005 city commission meeting. The Development Agreement reflects the commission's deletion of language regarding a contribution toward the_, purchase of the YMCA property and language calling for .,a payment over a five year period. My client and I look forward to discussing the Development Agreement and our project with the commission at its March 14, 2005 workshop. Sincerely, pucker Gs cc: Wade Wacholz, Esq. Maria Davis, City Manager Luis Figueredo, City Attorney Maria M. Menendez, City Clerk Don O'Donniley, Planning Director A M.sow�r.}Ma BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA AND SOUTH MIAMI CORPORATION THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made as of March 15 , 2005 by and between THE CITY OF SOUTH MIAMI, FLORIDA a municipal corporation ( "City") and SOUTH MIAMI CORPORATION ( "Company ") or its assignee. RECITALS WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, set forth in Exhibit "A" (the "Act ") provides for the execution of development agreements for a term not to exceed ten (10) years to insure that the law in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, the city commission of the City of South Miami has adopted Ordinance No. - OS- 98which implements the Act and permits the consideration and the adoption of this agreement; and WHEREAS, the Company owns approximately 4.5 +/- acres, zoned HD -OV, described in Exhibit "B," (the "Property "); and WHEREAS, the Company desires to construct a mixed use development encompassing retail, office and residential components described in Exhibit "C," (the "Project ") in the Hometown District Overlay Zone within the City of South Miami. Page 1 of 17 NOW, THEREFORE, in consideration of the above recitals and the following covenants, terms and conditions the receipt and sufficiency of which are expressly acknowledged, the city and Company covenant and agree as follows: 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Property. The Company owns the property as described in Exhibit "A". This property is deemed to be one unified parcel and is subject to the unity of title pursuant to the requirements of sections 20.7.30 and 20- 5.14 of the City Land Development Code (the "LDC ") attached hereto as Exhibit "D ". 3. Effective Date; Duration of Agreement. This agreement shall become effective after it has been recorded in the public records of Miami -Dade County and thirty (30) days after it is received by the Florida Department of Community Affairs (the "Effective Date "). This agreement shall terminate ten years from the effective date of this agreement, unless otherwise extended or terminated as provided for herein or in the act. The maximum period of this agreement shall be ten (10) years from the effective date unless extended by mutual consent of all legal and equitable owners of the Property and the city upon approval at a public hearing, as provided in the act. 4. Use of Property. The property described in Exhibit "A" is to be utilized for the project described in Exhibit "C": a mixed use residential, office and retail project with a residential use not to exceed 108 dwelling units on Page 2 of 17. approximately 4.5 +/- acres. The project will include "chamfered" corners where it abuts roadway intersections pursuant to Exhibit "C ". The occupied space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise permitted by the South Miami comprehensive plan or its land development regulations. The total of occupied space of the project shall not exceed four stories. Non - occupied space shall not exceed a maximum height of fifty six feet. The project shall be built in two phases as follows: • Phase I shall consist of Blocks "A" and "C" described in Exhibit "Co. Phase II shall consist of Block "B" described in .Exhibit "Co. The overall development of the property shall be conducted in accordance with the approved site plan on file at the City, (attached and incorporated as Exhibit "B ") including elevations, architectural features and estimated commercial square footage pursuant to Section 20.3 -7, of the LDC. 5. Public Facilities Serving the Project. In order to enhance public facilities in the City of South Miami, the Company agrees to provide the services listed below in compliance with Section 20 -4.1 of the LDC, including: (a) Roadways An operational traffic study was conducted by the city and the Company agrees to the recommendations of city staff as set forth in their staff report which recommendations are incorporated herein by reference. (b) Parks and Recreation Page 3 of 17 Based on the projected residential population on the Property, Company agrees to pay for or provide .8 acres of land acceptable to the City for a public park. In the alternative, the Company may provide a "substitute payment" based on the average sales price of residential property in the city over the last year. The Company's payment shall be placed in a special fund for spending on capital improvements to park and recreation facilities in the City. The Payment shall be made in one lump sum on or before a Certificate of Use and Occupancy is granted for the first residential unit on the Property. c) Sanitary Sewers 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. (d) Solid Waste Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. (e) Schools The Company commits to pay upon the issuance of the initial certificate of occupancy any required Miami -Dade County School Board school impact fees. Page 4 of 17 6. Concurrency. The City of South Miami has determined that the Company's performance under the Development Agreement satisfies the Concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. 7. Permits. The permits preliminarily identified as necessary for development of the project are described as follows: (a) Special Exception to permit four drive - through teller lanes within the site. (b) Special Exception to provide 72.2% +/- lot coverage. (c) Special Use permit to permit up to four restaurants with a maximum total of 13,820 + /-. square feet with parking to be supplied from any excess parking within the site. Retail and restaurant parking shall be marked and signed. 8. Development Conditions. The following conditions shall apply to the development of the project: (a) The Company shall meet all applicable building codes, land development regulations, ordinances and other laws. (b) The Company shall adhere to the requirements of all permits for the project. Page 5 of 17 (c) The Company shall develop the project in conformance with the parameters set forth in this agreement. (d) All development shall be in accord with the site plan submitted with the special exception and special use applications, said site plan incorporated in Exhibit "C ". (e) The Company shall provide the Department of Planning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and shall be subject to the review and approval by the planning director prior to the issuance of any building permits and shall be enforced during construction activity. f) All conditions imposed by the City Commission shall be incorporated in this Development Agreement. g) Company shall reimburse the City its lost parking revenue from any metered parking spaces adjacent to the Property which it occupies or uses during the construction period. h) The Company shall donate to a city trust fund $40,000.00 to be used by the city for traffic calming or other traffic mitigation programs within the City of South Miami. This money shall be donated to the City, prior to the issuance of its first building permit. 9. Consistency with City of South Miami Comprehensive Plan and Land Development Regulations. The city has adopted Page 6 of 17 a Comprehensive Plan and Land Development Regulations in accordance with Chapter 163, Part II, Florida Statutes. The city finds that the project is consistent with the city's comprehensive plan and the city's land development regulations. The project, a mixed use residential, office and retail development, as set forth herein, is consistent with the "Mixed -Use Commercial /Residential (Four Story)" designation on the future land use map, and the HD -OV zoning district on the Official Zoning Atlas of the City of South Miami. Goal 2 of the Future Land Use Element identifies the defines the home town district which consists of the "Hometown District Overlay Zone," as defined in Article VII, sections 20 -7.1 through 20 -7.52 of the city's land development regulations. 10. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the site plan approval on the Property, the Property shall not be the subject of a down zoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the site plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Company of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. Page 7 of 17 11. Permits, Conditions, Terms and Restrictions not Addressed. The failure of this agreement to address a particular permit, condition, term or restriction shall not relieve the Company or the city of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. 12. Duration of Permits. The Company acknowledges that this agreement does not extend the duration of any permits or approvals. 13. Law Governing Development of the Property. The ordinances, policies and procedures of the City of South Miami concerning development of the property that are in existence as of the execution of this agreement shall govern the development of the property for the duration of the term of this agreement No subsequently adopted ordinances, policies, or procedures shall apply to the property except in accordance with the provisions of section 163.3233(2), Florida Statutes, and Ordinance No. 05 -05 -1827 ' as attached. 14. Termination. This agreement may be terminated by mutual written consent of the city and Company, subject to the terms and conditions herein. Either party may terminate this Agreement if the other party commits or allows to be committed any material breach of this Development Agreement. A "material breach" of this Agreement shall include, but not be limited to, a failure of either party to perform any material duty or obligation on its part for any thirty (30) consecutive day period. Neither party may terminate this Agreement on grounds of material breach of this Agreement unless it has provided written notice to Page 8 of 17 the other party of its intention to declare a breach and to terminate this Agreement (the "Notice to Terminate ") and the breaching party thereafter fails to cure or take steps to substantially cure the breach within sixty (60) days following the receipt of such Notice to Terminate, with the exception of monetary breaches which shall be cured within thirty (30) after receipt of notice. 15. Assignment. This Development Agreement may not be assigned by the Company except to an affiliated entity, without the prior written consent of the City. Subject to the preceding sentence this Development Agreement shall be binding upon the successors, assigns, and representatives of the parties hereto. An affiliated entity is an entity of which South Miami Corporation or a majority of its shareholders, directly or indirectly owns at least 51% of the beneficial interest. 16. Work Force. The Company agrees to use its best efforts to enhance job opportunities for local citizens in connection with the project. To that end and in order to maximize job opportunities for applicants from South Miami, the Company shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, regarding employment opportunities related to any (1) construction work on the Property, (2) temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space or employment opportunities associated with retail space located on the Property. 17. Joint Preparation. This agreement has been drafted with the participation of the city and Company and their Page 9 of 17 counsel, and shall not be construed against any party on account of draftsmanship. 18. Binding 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. 19. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this agreement. 20. Applicable Laws, Jurisdiction, and Venue. This agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal 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 litigation pertaining to the subject matter hereof shall be exclusively in Miami -Dade County Florida. 21. Enforcement. In any litigation arising out of this agreement, the prevailing party shall be entitled to recover its costs and attorneys fees. Attorney's fees payable under this paragraph shall not exceed 25% of the amount of damages awarded to the prevailing party and no party shall'be entitled to pre - judgment interest. In any injunctive or other action not seeking damages under this paragraph, legal fees may be awarded in the discretion of the court, but shall be reasonable and shall not exceed an hourly rate of $300.00 per hour. 22. Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental Page 10 of 17 authority as a municipal corporation and political subdivision of the State of Florida. The Company therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, have the right to enter, inspect and investigate all activities on the premises to determine whether the Property complies with applicable laws including but not limited to building and zoning regulations and the conditions herein. 23. Authorization to Withhold Permits and Inspections. In the event the Company is obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this Development Agreement is complied - with. 24. Representations of the Company. The Company represents to the City as follows: (a) The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Company and do not require further approval by Company. (b) This Agreement has been properly executed, and constitutes Company's legal, valid and Page 11 of 17 binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions, suits or proceedings pending or threatened against or affecting Company before any court or governmental agency that would in any material way affect Company's ability to perform this Agreement. (d) Company shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled, or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. (e) Company has the financial capacity to pay or advance to the City all fees and payments as required under this Agreement. 25. Severability. In the event that any of the covenants, agreements, terms, or provisions contained in this agreement shall be invalid, illegal, or unenforceable in any respect, the validity of the remaining covenants, agreements, terms, or provisions contained herein shall be in no affected, prejudiced, or disturbed thereby. 26. waivers. No failure or delay by Company 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 constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of Page 12 of 17 this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 27. Annual Report and Review. It shall be the responsibility of the Company to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of Section 163.3235, Florida Statutes, and Ordinance No 05 -05.-1&217s agreement shall be reviewed annually on the anniversary of the effective date of this agreement. The Company, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what 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 been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. 28. Notices. Any notices or reports required by this agreement shall be sent to the following: For the City: City Manager City of South Miami Page 13 of 17 6130 Sunset Drive South Miami, Florida 33143 Copy to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 leor the Company: South Miami Corporation Attn: Donald F. Hunter, Vice President And Wade R. Wacholz, counsel 5750 Sunset Drive South Miami, Florida 33143 Copy to: Wade R. Wacholz, Esq. Gislason & Hunter, LLP. P.O. Box 5297 Hopkins, Minnesota 55243 -2297 W. Tucker Gibbs, Esq. 215 Grand Avenue Coconut Grove, Florida 33133 29. Exhibits. All exhibits attached hereto contain additional terms of this agreement and are incorporated herein by reference. 30. Amendment. This agreement may be amended by mutual written consent of the city and Company so long as the amendment meets the requirements of the act, applicable city ordinances and Florida law. 31. Entire agreement. This agreement represents the entire agreement and no prior or present agreements or representations shall be binding upon either the city or Company, unless specifically incorporated herein by reference, whether such prior present agreements have been made orally or in writing. Each party affirmatively Page 14 of 17 represents that no promises have been made to that party that are not contained in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 32. Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 33. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 34. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 35. Recordation. Within 20 days after the Development Agreement has been signed by both the Company and the City, Page.15 of 17 the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry.of deeds in Miami -Dade County. 36. Abandonment of Right -of -Way. The City agrees to abandon the right -of -way adjacent to the property to the buildable line. The Company shall contemporaneously grant to the City an easement from the right -of -way adjacent to the property to the buildable line for all future needs of the City. To ensure that the proposed structure does not interfere with the City's future needs, any permanent structure extending out over the City's easement shall provide the City with clearance as provided in the Hometown Overlay District in the Land Development Code (10 -feet minimum). PASSED AND DULY ADOPTED by the city commission of the City of South Miami, Florida, this 15thday of March 2005. ATTEST: )O�j TY�C/LERK READ AND APPROVED AS TO FORM: C ATTORNEY APPROVED: MA ORR- Page 16 of 17 AGREED TO this 15thday of March, 2005. STATE OF -r-�A1LLl0uI@S ) COUNTY OF M3-�E SOUTH MIAMI CORPORATION President 7 The foregoing instrument was acknowledged before me this X1.0 day of 14Pi -lL , 2005 by WILLI dry 0649:14 who is personally known to me or who produced as identification, on behalf of the corporation. My commission expires: :Jq,q..DI -7 f J' A � � �✓ Page 17 of 17