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Ord. No. 18-05-1840ORDINANCE NO. 18 — 0 5 —1 840 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 -DADE 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 WHEREAS, the City Commission at its March 1, 2005 special meeting approved special exceptions to permit "Project Sunset ", a unified mixed use development consisting of residential, office and retail uses generally located at 5750 Sunset Drive; and WHEREAS, the City Commission at its March 15, 2005 meeting adopted Ordinance No. 05- 05 -1827 approving a Development Agreement between the City and the developer, the South Miami Corporation for Project Sunset; and WHEREAS, Section 4 of the Development Agreement entitled "Use of Property" sets forth a phasing schedule for the development of the project; and WHEREAS, the Administration has now negotiated an amended phasing schedule which should reduce the impact of the development program on traffic and parking in the area; and WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities Serving the Project" 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 revised 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 4 entitled "Use of Property" of the Development Agreement between the City and the South Miami Corporation for Project Sunset adopted by Ordinance No. 05 -05 -1827 at the March 15, 2005 City Commission meeting, is hereby amended to read: 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 Ord. No. 18 -05 -1840 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2 not to exceed 108 dwelling units on 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 9 z! "B" described in Exhibit "C ". • Phase II shall consist of Blocky "C" described in Exhibit "C ". • The Company may elect to implement the development plan in one phase • The Company may elect to utilize Block "C" as a temporary bank facility with drive - through lanes (not to exceed four lanes) which facility shall be removed upon the issuance of the Certificate of Occupancy for the Bank facility on Block "A ". 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 "C ") including elevations, architectural features and estimated commercial square footage pursuant to Section 20.1-7, of the LDC." Section 2 That Section 5(b) entitled "Public Facilities Serving the Project" of the Development Agreement between the City and the South Miami Corporation for Project Sunset adopted by Ordinance No. 05 -05 -1827 at the March 15, 2005 City Commission meeting, is hereby amended to read: 5. "Public Facilities Serving the Project b) Parks and Recreation Based on the projected residential population on the Property, Company agrees to Pay f- r sp@oial fund for- sponding, AJq to donate $232,000 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 anv interest or carrvin2 cost incurred by the City until receipt of the payment." 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. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord. No. 18 -05 -1840 3 Section 5 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2005 ATTEST: r' 1St Reading- 6/7/05 2nd Reading- 6/14/05 READ...AIaTD-A�VED AS TO FORM: p. (1'1 Y ATTORNEY APPROVED: New wording underlined; wording to be removed indicated by strikethrough \\MCGRUFF\PLANNING \Comm Items\2005 \6- 7- 05\Development Agreement Project Sunset Ord.doc R COMMISSION VOTE: 4 -0 Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiscombe: Yea Commissioner Birts - Cooper: Yea Commissioner Sherar Yea New wording underlined; wording to be removed indicated by strikethrough \\MCGRUFF\PLANNING \Comm Items\2005 \6- 7- 05\Development Agreement Project Sunset Ord.doc South Miami CITY OF SOUTH MIAMI DUI- AmericaCRY OFFICE OF THE CITY MANAGER 1 INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor and Date: June 14, 2005 Commission Members ITEM No. to From: Maria Davis Re: Project Sunset :Amendment to City Manager IZZ� Development Agreement X 1 i► , "WE" �! 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 -DADE 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 BACKGROUND . 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 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. 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. 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 amendments are as follows (new wording underlined; wording to be removed indicated by strikethrough): Development Agreement June 14, 2005 Page 2 of 3 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 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 phases as follows: • Phase I shall consist of Blocks "A" and s "B" described in Exhibit «C„ • Phase II shall consist of Blocky "C" described in Exhibit "C ". a The Company may elect to implement the development plan in one phase ® The Company may elect to utilize Block "C" as a temporoary bank facility with drive - through lanes (not to exceed four lanes) which facility shall be removed upon the issuance of the Certificate of Occupancy for the Bank facility on Block "A ". 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 "C ") including elevations, architectural features and estimated commercial square footage pursuant to Section 20.1-7, of the LDC. 5. Public Facilities Serving the Project b) Parks and Recreation Based on the projected residential population on the Property, Company agrees 1 .] 1 r • r .c to donate $224,000 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. 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 the proposed amendment. Development Agreement June 14, 2005 Page 3 of 3 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 /DOD/SAY,Z?Cr E: \Comm Items\2005 \6- 7- 05\PB -05 -015 Project Sunset Devel Agree Revision Report.doc soU?p �'o {d yy'lir" INCORPORATEQ ° •, •,�d ,� _,� �� _, 1927 CITY OF SOUTH 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). r _U�I_U & Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF R SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AG-EEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1534 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 staffs 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 -DADE 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 ($240,000) on or before July 31, 2005 in one lump sum as its responsibility for meeting park and recreation concurrency. Mr. O'Donniley also stated that the amendment to the Development Agreement requires an amendatory ordinance to be adopted after review and recommendation from the Planning Board. Applicant present: Alfonso Perez (representative for South Miami Corp) Mr. Perez addressed the Board and explained that his client intends to fully cooperate with the City with regards to the phasing and the cost as stated in the development agreement. It was suggested that wording "up to" be placed in front of the payment amount in each development agreement. Motion: Mr. Mann moved to recommend approval of the amendment. Mr. Illas seconded the motion. Vote: Ayes 5 Nays 0 ® / \EJS2 \!k {ƒ)\ §§ U) m, )$ ©2039§ !k /�� /az . ;!¥ r! z! | #; m,2, Z {!!EE. ° -# k { } \\ - P !; f |talk!| :• = ;a ° ;7l ! } !«4® !;];! % q\ t! « /! \!§ !: k� //(\7 !� §� / k } §! /f�Er <! �2 §!/ 2\ cc §7 §§ , -a § ,G - k fm c � c #2{ �k §\2ff! - LU LLI )( §� �� *; /£ ®]§ /7 g - )) 2 B} )/ ;$ \Q &!!Q §2 w[ x` , \ \k }) /!) \a -` ;i #:�:��_\ � k © o�� ;o! o =■ k�a!£ ;§lkiE,§ ! E; a o s 8 t Sunday's Arts section highlights local entertaiment for you. Theater, movies, art and music are reviewed weekly. In today's world, gain(ng peace of mind can be difOculL But, when you read and use the besiselier •'Dianetics: The Modem Science of Mental Health" by L. Ran Hubbard, you've got the know -flow to help get rid of stress! Price: $7.99 Paperback Bookstore Dept, Hubbard Dianetics Center 120 GiraidaAve, Coral Gables, A 33134 305- 445 -7812 °2005 CSF. All nights Reserved. Dianefics Is a trademark and service mark owned, O COURTESY C.8TY OF SOU7H DMIANN, FLORIDA On Tuesday, June 14 2005, beginning at 7:30 p.m., in the City Commission 6 Chambers, 6130 Sunset Drive, the City Commission will hold Pain: Hearings to consider the following items: AN ORDINANCE RELATED TO THE PLANNING BOARD BY AMENDING SECTION 20- FROVIB(�E1FObR STAGGERED APPOINTMENT I ATERMSEFOR PLANNING BOARD MEMBERS 0 �.s AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR CONTRACT, WITH VERIZON WIRELESS AS THE POLICE DEPARTMENTS WIRELESS DATA SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $19,521 DURING THE TERM OF THE CONTRACT AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY, AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AN ACCEPT, IF AWARDED, GRANT (JAG)M FY 20 UNITED 5107, NTATHE MOUNTMOFT$12,029 00 EFOR THEEPURPOSENOF ENHANCING THE CRIME SUPPRESSION TEAM FOR THE POLICE DEPARTMENT. A RESOLUTION IN RESPONSE TO PETITION OF ABUTTNG PROPERTY OWNERS APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT -OF- WAY PORTION OF SW 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. A RESOLUTION APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION OF SW 50 STREET LOCATED BETWEEN SW 63RD AVENUE AND THE CORPORATE LIMIT LINE OF THE CiTY OF SOUTH MIAMI; SAID VACATION SUBJECT TO THE CONTINUANCE OF THE EXISTING 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 ABANDONMENT. A RESOLUTION'RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.513 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 SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOi FRONTAGE IS REQUIRED' ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SLY 71 STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE `MO- MEDIUM- INTENSITY OFFICE ZONING USE DISTRICT, THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF FOUR STORY MIXED USE BUILDING, Inquiries concerning this Rem 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 advises 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 hearing, he or stta will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record Includes the testimony and evidence upon which the appeal is to be based. 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Departures from Miami offl, uI derdale• Deporture Wes, f11Securi fee andservice fees from 166t o$ 18B not ioolutoilin price, These offers call not be combined wRl Diller specials ordisoounts, Limited Space: Not responsible for errors or omissions in thezontontof%ad, 33 to 0 0 N al W Z 0 V) of 0 X X H O J of W w X F- E 0 v' m L 3 3