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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. 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