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Ord. No. 17-05-1839ORDINANCE NO. 17-05-1839 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCKNO. 12 -05 -1834 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 AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission at its April 9, 2005 special meeting approved a zoning change 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 with 407 dwelling units and 12,476 square feet of commercial space; 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, Section 2 (d) of the Development Agreement entitled "Public Facilities" provides a formula for determining the amount and timing of a park and open space concurrency payment to be made by the developer to the City; and WHEREAS, the Administration has now negotiated a specific amount and timing of the park and open space concurrency payment to be made by the developer to the City ; and WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval 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 2(d) of the Development Agreement between the City and the Codina Development Corporation for the Red Road Commons Project, adopted by Ordinance No. 12 -05 -1834 at the April 9, 2005 City Commission meeting, is hereby amended to read: (2) Public Facilities: "d. Based on the projected residential population on the Property, Applicant agrees to=pes Ord. No. 17 -05 -1839 (2) , the Gity Over 44F 0 to donate $928 000 in one lump sum as its responsibility for meeting park and recreation concurrence Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment." 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 ATTEST: 14th dayof June 2005 APPROVED: ° ���..:, � - ✓ate Y M O 1" Reading- 6/7/05 2" d Reading - 6/14 / 0 5 COMMISSION VOTE: 4 -0 M: Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiseombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar Yea E: \Comm Items \2005 \6 -7 -05 \Development Agreement Red Rd Ord.doc CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor and Commission Members 0 From: Maria Davis City Manager Date: June 14, 2005 South Miami E All- AmericaNy 11111F 2001 ITEM No. Re: Red Rd Commons :Amendment to Development Agreement ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NHAIM, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834 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 AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND The Development Agreement for the Red Road Commons project was approved by the adoption of Ord. No. 12 -05 -1834 by the City Commission at its April 9, 2005 meeting. The attached development agreement contained a sub - section (2d) setting forth in general terms the applicant's concurrency payment obligation for parks and recreation space. Following that adoption the Administration negotiated with the developer a specific payment amount and a new payment date. The amount is based upon the per acre cost negotiated for the purchase of the YMCA property. The amendment to the Development Agreement requires an amendatory ordinance to be adopted after review and recommendation from the Planning Board. PROPOSED AMENDMENT The specific amendment is as follows (new wording underlined; wording to be removed indicated by strikethrough): (2) Public Facilities: d. Based on the projected residential population on the Property, Applicant agrees Development Agreement June 7, 2005 Page 2 of 2 as its responsibility for meeting hark and recreation concurrence. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment. PLANNING BOARD ACTION The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of a proposed amendment. RECOMMENDATION It is recommended that the attached ordinance amending the Development Agreement be adopted on second reading. Attachments: Draft Ordinance Excerpt from Planning Board Meeting 5110105 Public Notices MD/DOWS 41 E: \Comm Items\2005CB= 9`-05\PB -05 -014 Red Rd Deve1 Agree Revision Report.doc -1, OWN 1-1110 01111-110111 0 Ito as its responsibility for meeting hark and recreation concurrence. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment. PLANNING BOARD ACTION The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of a proposed amendment. RECOMMENDATION It is recommended that the attached ordinance amending the Development Agreement be adopted on second reading. Attachments: Draft Ordinance Excerpt from Planning Board Meeting 5110105 Public Notices MD/DOWS 41 E: \Comm Items\2005CB= 9`-05\PB -05 -014 Red Rd Deve1 Agree Revision Report.doc r ♦ CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 10, 2005 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy Mr. Illas, and Mr. Mann. Board members absent: Ms. Gibson and Mr. Comendeiro City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -05 -014 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 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 AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING Planning Board Meeting May 10, 2005 Excerpt Page 2 of 3 THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into record. Mr. O'Donniley presented the staff report. He stated that the Development Agreement for the Red Road Commons project was approved by the adoption of Ord. No. 12 -05 -1834 by the City Commission at its April 9, 2005 meeting. He noted that the attached development agreement contained a sub - section (2d) setting forth in general terms the applicant's concurrency payment obligation for parks and recreation space. Following that adoption the Administration has negotiated with the developer a specific payment amount and a new payment date. The amount is based upon the per acre cost now negotiated for the purchase of the YMCA property. In addition, he stated that the amendment to the Development Agreement requires an amendatory ordinance to be adopted after review and recommendation from the Planning Board, Mr. O'Donniley pointed out (from staff's report) that the proposed development. agreement amendment reads the following "Based on the projected residential population on the property, Applicant agrees to donate a total of nine hundred and sixty thousand dollars ($960,000) on or before July 31, 2005 in one lump sum as its responsibility from meeting park and recreation concurrency". Applicant present: Bill Reilly (representative for Codina Development Corp.) Mr. Reilly explained to the Board that his client has reviewed the proposed amendment and his client has no objections to the new wording. Motion: Ms. Yates moved to recommend approval of the amendment. Mr. Illas seconded the motion. Vote: Ayes 5 Nays 0 PB -05 -015 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. 05-05-1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" 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 -DARE COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting May 10, 2005 Excerpt Page 3 of 3 Action: Ms. Yates read the item into record. Mr. O'Donniley presented the staff report. He explained that the Development Agreement for The Development Agreement for Project Sunset (Bank of South Miami) was approved by the adoption of Ord. No. 05 -05 -1827 by the City Commission at its March 15, 2005 meeting. The attached development agreement contains a Section 5(b) (Public Facilities Serving the Project) setting forth in general terms the applicant's concurrency payment obligation for parks and recreation space. Following that adoption the Administration has negotiated with the developer a specific payment amount and a new payment date. The amount is based upon the per acre cost now negotiated for the purchase of the YMCA property. In addition to the payment amendment the Administration has also negotiated certain changes to Section 4 (Use of Property) which sets forth the phasing of the proposed project. Mr. O'Donniley noted that the change in the payment amount in the proposed development agreement amendment reads as the following: "Based on the projected residential population on the Property, Company agrees to donate a total of two hundred and forty thousand dollars ($240,000) on or before July 31, 2005 in one lump sum as its responsibility for meeting park and recreation concurrency. Mr. O'Donniley also stated that the amendment to the Development Agreement requires an amendatory ordinance to be adopted after review and recommendation from the Planning Board. Applicant present: Alfonso Perez (representative for South Miami Corp) Mr. Perez addressed the Board and explained that his client intends to fully cooperate with the City with regards to the phasing and the cost as stated in the development agreement. It was suggested that wording "up to" be placed in front of the payment amount in each development agreement. Motion: Mr. Mann moved to recommend approval of the amendment. Mr. Illas seconded the motion. Vote: Ayes 5 Nays 0 0 a �o as o� uo o� ~nU E 3 N a Sunday's Arts section highlights local entertaiment for you. Theater, movies, art and music are reviewed weekly. s 5 (D BAM PENf.IBE $ IqD t,D y� LC i ®UUCII 14USROE16 0 N m Y F 1 1 1 I y -. today's gaining p But, when Yoy read and the lead and the bests r"DiantiewThn Modem Modem Science of Mental he know bbB Health' b L Pon Hubbard, ou've of the know -flow to help Ober rid of stressi you've got -how t x�'�:d„ NEW PROPERTY. CHILDREN FREE t"N' " Prime: $7,99 Paperback o Bookstore Dept Hubbard Manages Center a 120 Glarus Ave, Coal Gables, R 33134 305 - 445.7812 G.o®neur eIl, w'd Hl Intl serno.aln own¢C, bVaelNlwsTeMnol °OYCmlerarAkOSeE,wOhlte O°rminlon. 'dL1y ��Sj y,T. �Pd9.6i E39719Nii oy��(e'y IBEROSTAR$.NIalAheTtonwl \4Y�IiMd b6P,Yi t4HY b'1iH J 1t�'..eoTY ii eui CHILDREN 1 CHILD FREE° O Q Of Air from Miami on American; 7 Pflughts Hotel, all Meals &'Drinks o couRrEsy NOTICE t CITY OF SOUTH MIAMI, F LOROD A B On Tuesday, June 14 2005, beginning at 7:30 p,m„ ity In the C Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to considerthe following Items: Air from 60B6wva6 ®o-a Rewbw6a:aov 3 Ui66 B9QS B-0eokeB e ® ® ® ® - ` � AN ORDINANCE RELATED TO THE PLANNING BOARD BY AMENDING SECTION 20- 61 rd ffi1 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO UEE ffoO6B STAGGERED APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS. '� , -- PRO AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PAIL WHICH APPROVED THE DEVELOPMENT OF ORDINANCE NO. 1NED Bpg q' Beach 1 /1 h (Ij'FiFFCij6bQ gGtdCll VVV((�ll here VVV111u �rgess 4�e/es. 1 " UNIT PROJECT KNOWN AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED VE COMOr 00-6m0 SW cv ReTOc10-rpD WP airopmu, orD.ATF6 annou Rgm -5ATo aEnu DRI7P 7TAP �.6v frr ®wn N/6fi�vvnf ®ve FAwvoP6car%3 0VI6aRh8s 6- 0 ®4ofi, CONTRACT WITH AUTHORIZING THE NE THEAPOLICE DEPARTMENTHREE IELESS DATA SERVICE PROVIDER GENERATING ESTIMATED SAVINGS OF $19,521 DURING THE TERM OF THE OONTRACT. SUPEDGC CEANNSIS THTHEE REDIOAOF SNI CERTAIN DEVELOPMENT ALLOW REDUCTION REQUIRED PARKING SPACES FOR A PERIOD OF NINE MONTHS THEREBY ENABLING THE CITY TO EVALLATE RECOMMENDATIONS OF THE MINING TASK FORCE PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCS'ION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS, PROVIDING THAT ORDINANCES OR SECTIDNS THEREOF IN CONFLICT SHhLL NOT BE IN FORCEAND EFFECT DURING THIS TIME PERIOD.. MONEY FROM ATHHEE UNIZTED STATES DEPARTMENT hEENT OFPJUSTCAEpNJUSTICE�IASSIYSTA09 ENNHANCINGGNfEMCRIME SUPPRESSION TTEAOM FOP THE POLIICE DEPARTMSD .PURPOSE OF A RESOLUTION IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS APPROVING THE VACATION AND ABAN DWASENT OF AN UNIMPROVED RIGHT -OF- WAY PORTION OF SVJ 60 AVENUE LOCATED BETWEEN SW 79 STREET AND SW 80 STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH BELOW: SUBJECT TO PROPERTY OWNERS PROVIDING AND THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT. URPROED1 HGTPOF HY PT VOF SO5STREET L OATED NTEN o V RIGHT-OF-WAY LOCATED SW 63 AVENUE AND THE CORPORATE LIMIT DNE of THE CITY OF SOUTH MIAMI; SAID VACATION SUBJECT TO THE CONTINUANCE OF THE E LISTING UTILITY EASEMENT TO BE MAINTAINED BY PROPERTY OWNERS; SUBJECT TO PROPERTY OWNERS PROVIDING LEGAL DESCRIPTION AND THE RECORDING OF ALL LEGAL DOCUMENTS, NECESSARY FOR THE ABANDDNMENL - A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZ I E OF " .. SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT FRONTAGE S REQUIRED' ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF MEDIUMANNTE ISITY OFFICE ZONING AVENUE UISSTTRICT MIAMI PURPOSE OF THE VARIANNCE IS TO PERMIT THE CONSTRUCTION OF FOUR STORY MIXED USE BUILDING, Inquires sorceming this rem should be directed to the Planning Department at 305- 6636326. ALL Interested parties are invited to stand and will be heard. Maria M. Menendez City Clerk