Amendments to Parkside Village PUD_1-6-2014C-4 Bilzin S Tg
A ) 1 0 R N L"
RECEIVED
JAN 10 2014
Planning and Zoning
Department
Christopher Brimo, Director
Planning and Zoning Departmeril
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Jerry B. Proctor, Esq.
Tel 305-350-2361
Fax 305-351-2250
jproctor@bilzin.com
R. Amendments to "Parkside Village" Planned Unit Development
Located at the Southwest corner of Red Road (SW 57 th Avenu
and SW 84 th Terrace, City of South Miami
Please accept this application requesting approva o proposed amendments to the
site plan for "Parkside Village." Parkside Village is a Planned Unit Development,
designated PUD-R on the City's official zoning map� and governed by Resolution No.
136-97-10106, passed and adopted by the City Commission on July 22, 1997 (the
"Resolution'l The Resolution includes the following condition:
BILZIN SUMBERG BAENA PRICE A AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 Fe1305.374,7580 Fax 305.374.7593
Christopher Brimo
January 6, 2014
Page 2 of 5
(1) Two (2) common trash pickup areas within the developmentj as shown on tha
2014 plan, to reduce the demand on trash pickup veh c es to i an ack-up
reduce the demand on drivers to exit the vehicles to perform their duties . I
(2) Provision of 20' Wide driveway width Within Phase 2 in lieu of the 18 drivewa
indicated on the 1997 plans. I
(3) Provision • ten (10) non-enclosed parking spaces in Phase 2 instead of the 8
spaces indicated • the 1•• 7 plans.
The following table compares the numerical changes between the 1997 Plan and
the 2014 plan:
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
f(P.7i
Christopher Brimo
January 6, 2014
Page 3 of 5
Paved area 37,455.06 Sq.Ft. 37,052.87 Sq.Ft. N/A
Private lots 115,899.95 Sq.Ft.. 118,554.79 Sq.Ft. N/A
Floor area 51,630.40 Sq.Ft. 43,394M Sq.Ft. N/A
it is obvious that both the 1997 Plan and 2014 Plan comply with all Minimum aft,4
maximum requirements of the applicable PUD-R zoning.
PETV
Ilery
, BILZIN SUMBERG BAENA PRICE & AXELROD LLP
# of
1st Floor
Phase 1
Units
Area
Model A
9
17,199
Model B
7
14,399
Total
16
31,598
Phase 2
Model C
4
11,796
Total
4
11,796
Totals
20
43,394
Ilery
, BILZIN SUMBERG BAENA PRICE & AXELROD LLP
7MMIN"YWOTTMr.
January 6, 2014
Page 4 of 5
inclusion ot another model unit is another thi-p-to-the'MtZ. A tloor plan Ot the proposed
new model is included with this letter.
zss��
(a) Applications for a minor change shall be submitted to the
building and zoning department. If the director agrees that the
change is minor, he or she shall report on the application to the
city manager�
wu
BILZIN SUMBERG BA PRICE & AXELROD LLP
Christopher Brimo
January 6, 2014
Page 5 of 5
(c) A fifteen (15) day waiting period shall apply for all minor
changes.
gm=
Jerry 7B. Proctor
MIAMI 3946024.4 80383/42518
PM, "
BI LZIN SUMBERG BAENA PRICE & AXELROD LLP
Shaw PUD ReaolUti0n: Public Hearing July 22, 1997 1
WHEREASj pursuant to Section 20-5.12(C), the Planning Board
45 days • : receipt * Application; ani
must meet within WHEREAS, on June 5, 19971 the Planning Board
their Public Hearing on the matter and made repommendat ons to
the City Commission ia ( it the proposed i i
Shaw ■ Publid . July 22, 1997 2
(b) The name of the applicant
X. & Mrs. Joseph Shaw,
8510 S.W. 57 Avenue and 5770 S.W. 84 Terrace
out Miami, Florida 33143
(c) The name of the authorized agent is:
R. Mattawai
Westway Limited-
1508 San Ignacio Avenue, Suite 200
Coral Gables, Florida 33146
(d) The Application is for a Planned Unit Development-Residential
(2) The record is comprised of those submittalgi dated march
18, 19974 as amended by submittals, dated June 5, 1997, and
includes all of the documents submitted to the City Commission on
Llune 10, 1997, which are as follows [see Exhibit 3 for a detailed
list of the documents submitted to the City Commission]:
Shaw PtM Resolution: Public Hearing July 22, 1997 3
Supplemental i . • r. • supporting documents which were
submitted by the applicant at the Planning Board meeting o
June 5, 1997i and made part of the record at that meetingil
fi:� Draft, Excerpted Planning Board Minutes from the Planning
Board Meeting of June 5, 1997, including •'i from a
member of the public which was received via telefacsimile
and r follow-up letter from ' i
Planning was received after'the Planning Board Meetingi 11
iii. Staff report, dated May 13, 1997, by the Director of th
& zoning Division, •
the project and recommends approval with six specific
considerations;
iv. Staff 1 a regarding Application's i i .: with
including City' s Land Development Codej dated 09-24-96 (preliminary),
dated 02-18-97 (preliminary), and dated 04-10-97,(final),
• ♦ of i of i.
Development Code for referencel
v, Letter in lieu of ERPBIS formal approvali dated May 7; 1997i
viio ♦ ♦ i submitted _
• . • Z •• ♦ _
` ._.
f or Mr. & Mrs. Joseph Shaw, dated March 18i 1997, including
proposed site plan, landscape plans and model house plans.
• i • �> ♦' •
(a) The subject property is legally described as follows- l
The South 829�00 feet (538;00 feet measured) of the Northeast 14 of the
Southeast 'A Of the Southeast 'A, labs the East 325.00 feet of the South 215.00
feet, and less the west 156.00 feet of the South 120.00 feet, of Section 36,
Township
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 1.11
(c) The legal description and survey of the southern M of the
western 406 feet of the right-cf-way known as S.W. 84 Terrace is
attached to this resolution and is labeled as "txhibit 2.11
o
Application t Special Permit, order ;,
permit construction of a Planned Unit Development - Residential,
pursuant to regulations set forth in Sections 20-3,.7, procedures
set • h • • 20-5.12, and • • ! requirements 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. 5 r (eastern
pursuant to Section 20-4.2(C) (1) of the Land Development Code.
(7) The subject property is located entirely and solely in
the a Medium i Single-Family Residential
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,
That abandonment of SW 84 Terrace occurs west of the PUD
entrance, in order for the subject property to revert back ti
adjoining property owners and to implement recommendations
number 5 and 6 contained in the director's reporti
ii. That access for construction Vehicles occurs-at Red Road
only, with no access at SW 58 Avenue and SW 84 Terracel and,
iii, That participation by the developer in the Charrette III
process occur, both financially and physically, as a
suggestion and as a "gesture • goodwill". I
(11) The aforementioned recommendations t numbers 5 and 6,
from the director's repokto dated May 13, 1997, are ad follows:
I
L* That the city Commission consider abandoning the northern
(b) CONCLUSIONS OF LAW, Based upon the wei4ht of All Competent
evidence presented, the City Commission hereby concludes t] I
(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
improvements (2) The development as proposed will not be detrimental to
public welfare or property Or in the neighborhoodi
(3) The development an 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 an'd welfare of the citizenso residents, and
property owners • and businesses `• South r •
The r• proposed consistent with the
adopted Comprehensive
ORDER4 The City Comission hereby # following • i '
(1) The Application for a Special Use Permito in order to
permit • • of • Unit Development - • -
pursuant • regulations set forth Sections 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)(i) of the Land Development Code, subj,ect to
the conditions Section + below*
(3) The Application to those the southern % of the western
400 feet of r r ' i right-of-way, s Terrace,
between,S.W. 57 Avenue (Red Road) and S.W. 58 Avenue is granted,
subject • the conditions • r-r in Section below.
The development plan and submittals, dated March 18i 1991i as
amended by development plane submitted on June 5, 1997, and a
amended pursuant to City Commission action at their meeting q
July 22i 1997, is approved subject to the following condition]
"Planting (1) The developer shall construct only those improvements
specifically indicated an the "Site Plan," dated April 25, 1997,
Plan," dated 1997, an• "Lighting Plan, • r
Plan for Fern Glade, and Typical Units," dated June 5, 1997, as
supported • documents submittodi including all i t . •
Shaw PUD Resolution: Public Hearing July 22, 1997 7
ordered a _• r and to other improvement of r
may be constructedo except for those authorized by changes which
may be approved under the procedures in Section 20-5.12(P);
(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 St 1997, and shall provide
one additional New York Series fixture along S.W. 57 Avenue, to
be located publib right-of-way southwest corner
of • 3 for a total of 14 New •
(3) The developer shall provide lighting in the Vern Glade
areal as indicated i _ a: "Lighting •: Plan, Planting Plan
for Glade, and Typical - dated June 5, 1997, if
total of fo bollard i f i
. (5) The developer shall provide a landscape buffer to be
located E: • f: the eastern R feet, more or s.: of the northe ..
right-of-way known S.W. 84 Terrace, order to block light
from vehicles which will be entering and exiting the projectF
Shaw PUD Resolution: Public Hearing July 22, 1997 B
() The developer shad be subject to any penalties for-lack
of ac with these sections and/or applicable sections of
any City, County or Federal codes, which are set forth by law an
which are set forth in this resolution.
`) L CONDITIONS
(1) The developer 'Shall submit to the City Attorney within
60 days of - adoption of `;• r draft of
revised "Declaration of Covenants, Restrictions and Basements for
Parkside Village," including outlined
memorandum '* hereto and entitled "Exhibit
(5) This resolution shall be recorded in the Public Records
of Dade County, Floridai and the developer shall bear recording
costs for all documents that are required to be recorded herein.4
plans (9) The City Manag'er may require further review by the
Planning Board or the ERP9 when the City Manager believes that the
• specifications • with An appliCation •
development permit do not comply with this Resolttion;
(11) The City Manager shall have final approval and authority
over all matters
compliance :. ' and ) above.
F • 1. A i
• • • - •'
•� ii
In the event of any conflict between this resolution and prior
resolutions, i • i •
Shaw PtM Resolution: Public Hearing July 22, 1997 10
If any section, clausej sentence, or phrase of this resolution 16
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.
I
PASSED AND ADOPTED this 22nd day of July, 1997.
Shaw PUD Resolutione PubliC Hearing July 22j 1597
Agreement of Cooperation
For Parkside Village Phase 2;
This agreement is entered ihto blr and, betiveen HerrMatt Homes, LL C,
Florida hinit d liability company l" "), jad Parkside Village girt Association, Inc., a Florida not-for profit corporation (` ' )
Mereas, P rksidr Vill'age is a Marinled Unit Development (° U ")
established feat Number 136-97-10106 "° do " adopted� the
Clry Commission of the City of South Miami, Floods, on J l , 22 19979
'h re s, the Plfflis ; governed b y the Declaration of ovenanE , Restrictions
ard Easements for Park-side gills recorded in ORB 18 183 beginning t P 34314
Ofi the Public records of b i i i -bade County, Fl nd (° ti n"):
Whereas, the PUD consist-s of 16 existing harries aril 4 Mimes to be built on
Lhe Additional Property as defined in the Declaration - the lr, existing homes
C(]MPTrjSe Phase I of they PUD, and the 4 homes comprise Phase of the "ti ,
,1.1 .A I9 1,84
fib agrees to:
Improvements t to landscape, w tills, roads, noadway pavers, street
lighting, house-front exterior lighting, rail boxes and other comnion area
facilities to be installed in Phase ZF shall be consistenE %vice, the correspond in.t
existing features in phase 1, including the requirement th t two light fixtures
on each home come on autoniaticaltv at dark.
J :: H shah install at least ' 6 guest parking spears within Phase iM
locations per Exhibit A, and HOA shall have the right to require additional
spaces in the 20' wide area between the hcarrr s as shown n on Exhiba r by
notifVing HMH in writing within 30 days of execurior. ofthis Agreement.
G, HMH 1 H shall not make major alterations to the attached Site Plan or
Floor Plan without getting the OA'i approval in wrmitirp,wwtith such approval
not being unreasonaNy withheld,
4_`t ,F„$A l ., w, .,. _C .;. ;. a,.` f��:��4
P Z c,
I:, O ,agrees;
The rtie agree that this agreement will be presented to The City of South
Miami as evidence of their agreement c one rnm the matters cont n herein,
including OA's approval f and r1 "s support of the approval by the Cif of, the
Plat, and H "ill request: that this agreement, including the Construction Rules
attached hereto s Exhibitr Caw be made a part of the resolution appro in the Plat,
[SIC [SICNA TURES ON THE °` 1LL0WING PANE
�c. Gar:.«
In Witness Whereof, the parties have signed is agreement can' the dates set
forth
Page 4 of
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