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
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couRrEsy NOTICE
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CITY OF SOUTH MIAMI, F LOROD A
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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:
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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.
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PRO
AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PAIL
WHICH APPROVED THE DEVELOPMENT
OF ORDINANCE NO. 1NED
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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