8510 SW 57 AVE-PARKSIDE VILLAGE-PUD RES.#136-97-10106 MEETING 07-22-97r r a r
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN APPLICATION
FOR _A PLANNED UNIT DEVELOPMENT- RESIDENTIAL _[PUD -R] FOR
PROPERTY ROUGHLY BOUNDED BY S.W. 57 AVENUE (RED ROAD) ,
S.W. 84 TERRACE RIGHT -OF -WAY, S.W. 58 AVENUE, AND BY
DANTE FASCELL PARK; PROVIDING FOR A LEGAL DESCRIPTION;
PROVIDING FOR FINDINGS OF FACT, FOR CONCLUSIONS OF LAW,
AND FOR AN ORDER; PROVIDING FOR DEVELOPMENT APPROVAL
WITH CONDITIONS; PROVIDING FOR AMENDMENT OF THE CITY'S
OFFICIAL ZONING MAP; PROVIDING FOR NOTICES; PROVIDING
FOR ABANDONMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 18, "1997, Westway Limited, representing
Mr. & Mrs. Joe Shaw, property owners, submitted an Application
for a proposed Planned Unit Development- Residential [PUD -R] to
the Planning & Zoning Division for the area roughly bounded by
S.W. 57 Avenue (Red Road), the unimproved S.W. 84 Terrace right -
of -way, S.W. 58 Avenue, and by Dante Fascell Park and,
WHEREAS, pursuant to Section 20- 5.12(A),, Planning & Zoning
staff has 30 days to submit copies of the Application and staff's
recommendation regarding the proposed project's compliance with
the City's adopted Land Development Code [LDC] to the City's
Environmental Review & Preservation Board [ERPB] and,
WHEREAS, on April 15, 1997, the Planning & Zoning staff
submitted copies of the Application and staff's review to the
Environmental Review & Preservation Board [ERPB]; and,
WHEREAS, pursuant to Section 20- 5.12(B)(1), the ERPB has 30
days within receipt of the Application to formally review the
development concept plan; and,
WHEREAS, pursuant to Section 20- 5.12(B)(2), the Board may
set preliminary meetings with the applicant prior to the formal
review of the development concept plan; and,
WHEREAS, on April 23,1997, the ERPB met for a preliminary
review and set May 6, 1997, as the date for the ERPB's formal
review of the development_ concept plan; and,
Shaw PUD Resolution: Public Hearing July 22, 1997 1
WHEREAS, pursuant to Section 20- 6.1(C)(4) -(c) and due to the
lack of quorum for the ERPB, the Planning & Zoning Director acted
on behalf of the ERPB for the review of the development concept
plan on May 7, 1997, via official letter, dated the same; and,
WHEREAS,- on May 13, 1997, staff presented the Application
and results of the ERPB formal review to the Planning Board; and;
WHEREAS,- pursuant to Section 20- 5.12(C), the Planning Board
must meet within 45 days of its receipt of the Application; and,
WHEREAS, on June 5, 1997, the Planning Board met and held
their Public Hearing on the matter and made recommendations to
the City Commission regarding the proposed PUD -R; and,
WHEREAS, pursuant to Section 20- 5.12(C)(3) the Planning
Board's recommendations must be presented within 15 calendar days
after the Board's Public Hearing to the City Commission; and;
WHEREAS, on June 10, 1997, Planning & Zoning staff, via the
City Manager's Office, presented copies of the Application and
the Planning Board's recommendations to the City Commission; and,
WHEREAS, pursuant to Section 20- 5.12(D)_, the City Commission
has 90 days from receipt of the Planning Board's recommendations
to hold _a Public Hearing on the matter; and,
WHEREAS, on June 10', 1997, the City Commission set the date
for their Public Hearing to be July 22, 1997, at 7:30 p.m.; and,
WHEREAS, pursuant to Section 20 -5.12 (D)(3), City Commission
is authorized to prescribe conditions, modifications, safeguards
or stipulations, appropriately and reasonably related to the
intent, purposes, standards and requirements of the planned unit
development regulations, as contained in Section _20 -3.7; and,
WHEREAS,- on July 22, 1997, the City Commission, conducted a
quasi- judicial Public Hearing on the Application for a Planned
Unit Development- Residential, after complying with all pertinent
notice requirements of both the Florida Statutes and the City's
adopted Land Development Code; and,
WHEREAS, all procedural requirements of the laws of the
State of Florida and the City's adopted Land Development Code
have been met; and,
Shaw PUD Resolution: Public Hearing July 22, 1997 2
WHEREAS, the City Commission after weighing all of the
competent evidence presented at the hearing, has determined that
(a) the Application for a Planned Unit Development - Residential
should be granted and (b) approval of the Application subject to
the conditions and requirements specified in this resolution will
further the interests of the health, safety and welfare of the
citizens, residents, and property owners of, and businesses in
the City of South Miami, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Development Identification.
(a) The name of the development is: "PARKSIDE VILLAGE
(b) The name of the applicant is:
Mr. & Mrs. Joseph Shaw
8510 S.W. 57 Avenue and 5770 S.W. 84 Terrace
South Miami, Florida 33143
(c) The name of the authorized agent is:
Mr. L. R Mattaway
Westway Limited
1508 San Ignacio Avenue, Suite 200
Coral Gables, Florida 33146
(d) The Application is for a Planned Unit Development - Residential
(1) The proposed Planned Unit Development - Residential is for
the construction of 20, new, detached, single- family residences
in two phases. The first phase will include development of 16,
new single- family residences. The second phase will include
development of four homes. All external and perimeter site
improvements, such as the perimeter walls, lighting, and
landscape buffers are to be completed as part of the first phase.
(2) The record is comprised of those submittals, dated March
18, 1997, as amended by submittals, dated June 5, 1997, and
includes all of the documents submitted to the City Commission on
June 10, 1997, which are as follows [see Exhibit 3 for a detailed
list of the documents submitted to the City Commission]:
Shaw PUD Resolution: Public Hearing July 22, 1997 3
i.: Supplemental drawings and supporting documents which were
submitted by the applicant at the Planning Board Meeting of
June 5, 1997, and made part of the record at that meeting;
ii. Draft, Excerpted Planning Board Minutes from the Planning
Board Meeting of June 5, 1997, including a response from a
member of the public which was received via telefacsimile
and a follow -up letter from Mr. J. Hayes Worley, Jr., which
was received after the Planning Board Meeting;
iii. Staff report; dated May 13, 1997, by the Director of the
Planning & Zoning Division, which evaluates the merits of
the project and recommends approval with six specific
considerations;
iv. Staff reports, regarding the Application's compliance with
City's Land Development Code, dated 09 -24 -96 (preliminary),
dated 02 -18 -97 (preliminary), and dated 04 -10 -97 (final),
including a copy of Section 20 -3.7 of the City's Land
Development Code for reference;
yr Letter in lieu of ERPB°s formal approval, dated May 7, 1997,
with copies of the Minutes for the ERPB Special Meeting on
August 23, 1997, and the ERPB Meeting on May 6, 1997;
vi. Letters received from and a response to Mr. J. Hayes Worley,
Jr., affected area resident; and,
vii Application, submitted by Westway Limited,- as representative
for Mr. & Mrs. Joseph Shaw, dated March 18, 1997, including
proposed site plan, landscape plans and model house plans-
Section 2. Learal Descriptions.
(a) The subject property is legally described as follows:
The South 528.00 feet (538.00 feet measured) of the Northeast '/, of the
Southeast l/. of the Southeast l/,, less the East 325.00 feet of the South 275.00
feet, and less the west 156.00 feet of the South 120.00 feet, of Section 36,
Township 54 South, Range 40 East, Dade County, Florida; Less the West 25.00
feet, the North 25.00 feet, and the East 35.00 feet thereof for road purposes.
(b) The legal descriptions of each of the project's two phases
are attached to this resolution and are labeled as "Exhibit 1."
Shaw PUD Resolution: Public Hearing July 22, 1997 4
(c) The legal description and survey of the southern 2 of the
western 406 feet of the right -of -way known as S.W. 84 Terrace is
attached to this resolution and is labeled as "Exhibit 2."
Section 3. Findings of Fact, Conclusions of Law and an Order
(a) FINDINGS OF FACT The City Commission, sitting in its quasi-
judicial capacity, having held a Public Hearing, with notice as
required by law, and having considered and weighed all competent
evidence and having heard all persons required by law, makes the
following written findings of fact based upon the greater weight
of competent evidence in the context of the general and specific
standards and other requirements set forth in Section 20 -3.7 of
the City's adopted Land Development Code:
(1) The recitals in the Whereas clauses and the statements
contained under Section 1 are hereby incorporated into and made a
part of these Findings of Fact.
(2) The Application submittals, minutes, letters, reports
and other documentation enumerated as items i through vii under
Section 1, sub - section (d)(2), are hereby incorporated into and
made a part of these Findings of Fact.
(3) The Application is for a Special Use Permit, in order to
permit construction of a Planned Unit Development - Residential,
pursuant to regulations_ set forth in Sections 20 -3.7, procedures
set forth in Section 20 -5.12, and voting requirements set forth
in Section 20- 6.1(A)(3)(a)ii of the City's Land Development Code.
(4) The Application includes a request for waiver of right -
of -way improvements along S.W. 58 Avenue (eastern right -of -way),
pursuant to Section 20 -4.2 (C) (1) of the Land Development Code.
(5) The Application includes a request to close the southern
one -half of the western 406 feet of the unimproved right -of -way,
known as S.W. 84 Terrace, between S.W. 57 Avenue _(Red Road) and
S.W. 58 Avenue, pursuant to Florida Statutes Chapter 336.
(6) The subject property is located at 5770 S.W. 84 Terrace
and 8510 S.W. 57 Avenue and is legally described in Section 2.
(7) The subject property is located entirely and solely in
the "RS -3" Medium Lot Single- Family Residential zoning district.
Shaw PUD Resolution: Public Hearing July 22, 1997 5
(8) The development as proposed complies with the provisions
and intent of Section 20 -3.7, entitled Planned Unit Developments.
(9) The development as proposed shall be submitted for plat
review to Metro -Dade County, whereby this resolution shall act as
zoning approval for the plat process by the City of South Miami.
(10) On June 5, 1997, the Planning Board voted unanimously
6:0 to recommend approval based on the conditions:
i� That abandonment of SW 84 Terrace occurs west of the PUD
entrance, in order for the subject property to revert back to
adjoining property owners and to implement recommendations
number 5 and 6 contained in the director's report;
ii. That access for construction vehicles occurs : at - Red -Road
only, with no access at SW 58 Avenue and SW 84 Terrace; and,
iii. That participation by the developer in the Charrette III
process occur, both financially and physically, as a
suggestion and as -a "gesture of goodwill ".
(11) The aforementioned recommendations, numbers 5 and 6,
from the director's report, dated May 13, 1997, are as follows:
i. ,, That the City Commission consider abandoning the northern
portion of the unimproved right -of -way corresponding with
the request of the developer for the southern portion of
said right -of -way, known as S.W. -84 Terrace; and,
-ii. That the City Commission require, as -a condition of
development approval, the developer to pay for (a) the
relocation of utilities along the new property line and -(b)
the extension of all fences (in same style as existing), so
that the northern portion of the right -of -way may revert to
the use and enjoyment of the abutting property owners along
S.W. 84 Street (and west of the entrance).
(b) CONCLUSIONS OF LAW. Based upon the weight of all competent
evidence presented, the City Commission hereby concludes that:
(1) The development as proposed will not adversely affect
the health or safety of persons residing or working in the
vicinity of the proposed Planned Unit Development - Residential;
Shaw PUD Resolution: Public Hearing July 22, 1997 6
(2) The development as proposed will not be detrimental to
public welfare or property or improvements in the neighborhood;
(3) The development as proposed complies with all other
applicable Land Development Code provisions and is subject to the
applicability standards set forth under Section 20 -3.7;
(4) The development as proposed will further the interests
of the health, safety and welfare of the citizens, residents, and
property owners of, and businesses in City of South Miami; and,
(5) The development as proposed is consistent with the
City's adopted Comprehensive Plan.
(c) ORDER. The City Commission hereby issues the following order:
(1) The Application for a Special Use Permit, in order to
permit construction of a Planned Unit Development Residential,
pursuant to regulations set forth in Sections 20 -3.7, is granted
subject to the conditions contained in Section 4 below.
(2) The Application for waiver of right-of-way improvements
along S.W. 58 Avenue (eastern right-of-way) is granted, pursuant
to Section 20- 4.2(C)(1) of the Land Development Code, subject to
the conditions contained in Section 4 below.
(3) The Application tO close the southern 1 of the western
400 feet of unimproved right -of -way, known as S.W. 84 Terrace,
between S.W._ 57 Avenue (Red Road) and S.W. 58 Avenue is granted,
subject to the conditions contained in Section 4 below.
Section 4. Development Approval With Conditions
The development plan and submittals, dated March 18, 1997, as
amended by development plans submitted on June 5, 1997, and as
amended pursuant to City Commission action at their meeting of
July 22, 1997, is approved subject to the following conditions;
(a) SPECIFIC CONDITIONS
(1) The developer shall construct only those improvements
specifically indicated on the "Site Plan," dated April 25, 1997,
"Planting Plan," dated May 5, 1997, and "Lighting Plan, Planting
Plan for Fern Glade, and Typical Units," dated June 5, 1997, as
supported by documents submitted, including all modifications as
Shaw PUD Resolution: Public Hearing July 22, 1997 7
ordered by this resolution, and no other improvement of any kind
may be constructed, except for those authorized by changes which
may be approved under the procedures in Section 20- 5.12(F);
(2) The developer shall provide for lighting fixtures, as
indicated on the revised "Lighting Plan, Planting Plan for Fern
Glade, and Typical Units," dated June 5, 1997, and shall provide
one additional New York Series fixture along S.W. 57 Avenue, to
be located in the public right -of -way near the southwest corner
of Lot 3 for a total of 14 New York Series fixtures;
(3) The developer shall provide lighting in the Fern Glade
area, as indicated on the revised "Lighting Plan, Planting Plan
for Fern Glade, and Typical Units," dated June 5, 1997, for a
total of four such bollard lighting fixtures;
(4) The developer shall improve and continuously maintain
the western 406 feet, more or less, of the northern % of the
right -of -way, known as S.W. 84 Terrace, between S.W. 57 Avenue
and S.W. 58 Avenue, by providing compacted and grass access for
emergency and service vehicles and by providing landscaping along
the development wall.
(5) The developer shall provide a landscape buffer to be
located along the eastern 200 feet, more or less, of the northern
right -of -way known as S.W. 84 Terrace, in order to block light
from vehicles which will be entering and exiting the project;
(6) The developer shall immediately construct, or cause to
be constructed by a_ payment to the City, two landscaped paths, in
order to connect S.W. 84 Street with Dante Fascell Park along the
S.W. 57 Avenue. and S.W. 58 Avenue rights -of -way, which areas
shall be maintained, pursuant to language to be included in the
"Declaration of Covenants, Restrictions and Easements for
Parkside Village," which language requires such maintenance;
(7) The developer shall pull a permit for the commencement
of construction within 12 months of the effective date of this
resolution;
(8) The developer shall only allow access, both ingress and
egress, to the site from S.W. 57 Avenue, and at no time will any
construction- related traffic or any other vehicles be permitted
to access the site from S.W. 58 Avenue or from S.W. 84 Terrace
(excluding the eastern 200 feet of S.W. 84 Terrace), except for
police, ambulance and fire- rescue vehicles in an emergency; and,
Shaw PUD Resolution: Public Hearing July 22, 1997 8
(9) The developer shall be subject to any penalties for lack
of compliance with these sections and /or applicable sections of
any City, County or Federal codes, which are set forth by law and
which are set forth in this resolution.
(b) GENERAL CONDITIONS
(1) The developer shall submit to the City Attorney within
60 days of the adoption of this resolution a draft of the final,
revised "Declaration of Covenants, Restrictions and Easements for
Parkside Village," including the changes as outlined in the staff
memorandum attached hereto and entitled as "Exhibit 4;"
(2) The developer shall record a copy of the "Declaration of
Restrictions, Covenants and Easements" which shall _include all of
the conditions and modifications, within 120 days of the adoption
of this resolution, and said recorded, revised documents shall be
submitted to the City Clerk's Office within 10 days of recording;
(3) The developer shall correct and revise the Application
for a Special Use Permit, as directed herein, and shall submit a
final revised copy to the City Clerk's Office within 30 days;
(4) The developer shall prior to commencing construction
post a bond equal to 1100 of the cost of the improvements, as
determined by the City, for all of S.W. 84 Terrace, S.W. _58
Avenue and S.W. 57 Avenue, as prescribed in Section 3, which bond
shall be posted for one (1) year or until the improvements
required herein are completed, pursuant Section 17 -9 of the
City's adopted Code of Ordinances;
(5) This resolution shall be recorded in the Public Records
of Dade County; Florida, and the developer shall bear recording
costs - for -all documents that are required to be recorded herein;
(6) Upon commencement of development, the developer shall
comply with all conditions, all sections and sub - sections of this
resolution, and all other requirements referenced herein and shall
complete construction of all homes in Phase I no later than 20
years from the commencement of construction; and,
(7) The developer shall comply with all applicable City,
County and Federal codes, including South Florida Building Code
and the City's Landscaping Ordinance under the administration of
Dade County's Department of Environmental Resource Management;
Shaw PUD Resolution: Public Hearing July 22, 1997 9
(8) The developer shall record a Easement in the Public
Records of Dade County, Florida, granting the City and other
public authorities rights of access over and to the common areas
and elements of the Planned Unit Development - Residential for
municipal purpose only, or include such easement in the
Declaration of Restrictive Covenants and Easements;
(9) The City Manager may require further review by the
Planning Board or the ERPB when the City Manager believes that the
plans and specifications submitted with an application for a
development permit do not comply with this Resolution;
(10) The City Manager may require further approval by the
City Commission when the City Manager determines that the plans
and specifications submitted with an application for a development
permit do not comply with this resolution, or constitute a change
that is not consistent with the provisions for a minor change as
contained in Section 20 -5.12, or, when a violation or failure of a
condition of development occurs; and,
(11) The City Manager shall have final approval and authority
over all matters regarding the determination of the applicant's
compliance with the intent of 9 and 10 above.
Section 5. Amendment Of The City's Official Zoning Man
City staff is hereby directed to mark the City's Official Zoning
Map with a notation that the property is "PUD -R" and this shall be
noted prior to the next, regular printing of the zoning map. This
action in no way constitutes a re- zoning, and the property shall
remain as "RS-311 Medium Lot Single - Family Residential.
Section 6. Notices
This section is intentionally omitted.
Section 7. Conflicts
In the event of any conflict between this resolution and prior
resolutions,- this resolution shall govern.
Shaw PUD Resolution: Public Hearing July 22, 1997 10
section 8. Severability
If any section, clause, sentence, or phrase of this resolution is
for any reason held to be invalid or unconstitutional by a court
of competent jurisdiction, then said holding shall not affect the
validity of the remaining portions of this resolution.
Section 9. Effective - Date
This resolution shall take effect immediately upon its adoption,
as evidenced by at least four affirmative votes of the members of
the City Commission, pursuant to Section 20- 6.1 -(A.) (3) ii.
PASSED AND ADOPTED this 22nd day of July, 1997
ATTEST:
AiaE-11
dIT<t CLERK
CITY ATTORNEY
ce\ .... \.report® \ Monitor Shaw Rea.doc
COMMISSION VOTE:
Mayor Price:
Vice Mayor Roba.ina_
Commissioner Oliveros`:
Commissioner Bethel:
Commissioner Young:
5 - 0
Yea
Yea
Yea
Yea
Yea
Shaw PUD Resolution: Public Hearing July 22, 1997 11