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11CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP A.IIlI1/ Planning Director f' Date: May 7, 2013 ITEM NO.JL South Miami hOd mr 2001 An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the Land Development Code; providing for additional ground floor and third floor uses for certain properties in the "SR -Specialty Retail" zoning district; providing for severability; providing for ordinances in conflict ' SUMMARY OF REQUEST Holland & Knight, representing Bakery Associates, Ltd. Is requesting the review and approval of an amendment to the permitted uses within the SR -Specialty Retail zoning district to allow "office" uses on the ground and third floors within a limited area of the Shops at Sunset Place. BACKGROUND At the February 5, 2013 City Commission meeting during Commission remarks, the Vice Mayor raised an issue regarding the Shops at Sunset Place for general discussion with the other Commissioners. Vice Mayor Liebman had spoken with representatives of Simon Properties regarding ways to decrease the vacancies at the Shops and increase the pedestrian traffic that would benefit the Shops and the downtown area by allowing "permitted" office uses within certain areas of the property where these uses are currently prohibited. The area in question is that part of the shopping center previously occupied by Nike Town and Casa Ideas at the northern apex of the property. Its general location and frontage on South Dixie Highway discourages the typical retail pedestrian traffic. Currently the Land Development Code states the following. In the "SR" Specialty Retail District, permitted retail uses shall be located only on first and second floor building levels, permitted office uses only on second floor building levels, and permitted residential uses only on secondfloor building levels or above. During the discussion the Commission expressed interest, and seemed willing to entertain a proposal that would allow office uses within the northern portion of the Shops that has remained vacant. Attached is a excerpt from the February 5th discussion. The Shops at Sunset Place is approximately 516,000 square feet of mixed use development within the Specialty Retail (SR) zoning district, and the Hometown Overlay District. The proposal as presented would seek to amend the current use restrictions to allow "office" uses on Shops at Sunset Place May 7,2013 Page 3 015 Figure 2. Figure 3. Pursuant to Section 20-7.12 -Permitted Uses, of the Land Development Code, the following office uses are permitted within the Hometown District. Z:ICommission Itemsl20 \315-7 -l3IShops at Sunset Place AmendmentlShops at Sunset Place Amendments Sec 20-3.3(C)( 6L CM report.docx Shops at Sunset Place May 7, 2013 Page 20/5 the first and third floors of the shopping center. If approved, the applicant is proposing approximately 40,000 square feet of office on the ground floor, at the northern portion of the shops, and an additional, 25,000 square feet of office uses on the third floor level, currently not permitted in the "SR" zoning district. Office uses are permitted by right on the second floor level, and approximately 46,000 square feet is already occupied or planned for office occupancy. If the use restrictions are so amended, then approximately twenty-one (21%) percent of the shopping center could lease to permitted office uses. Please refer to the floor level exhibits provided by the applicant for more detail. The applicants representative also indicated that access to the proposed office uses would continue to be through the interior of the shopping center. Allowing office uses in these circumstances should help to reactivate the vacant storefronts along South Dixie Highway [Figures 1, 2 and 3], and provide additional daytime pedestrian activity to the downtown retail and restaurant establishments during non-peak periods. Figure 1. Z:\Commission Items\2013\5-7-13\Shops at Sunset Place Amendment\Shops at Sunset Place Amendments Sec 20-3.3(C)(6LCM report.docx Shops at Sunset Place May 7,2013 Page 4 of5 B. Office Uses Accounting & Auditing Services Acu pu nctu rist Advertising Agency Architectural Services Building Contractors Office Chiropractic Office or Clinic Counseling Services Credit Reporting Services Dentist Office Dry Cleaning Plant* Employment Agency Engineering Services Governmental Administration Insurance Agency Interior Designer, Office only Investigative Services Investment & Tax Counseling Laboratory: Medical or Dental Law Office Loan or Finance Agency Market Research Services Massage Therapist Medical Office Notary Public Office, Business or Professional Opticians or Optical Goods, Office only Personal Skills Instruction Studio Planning & Zoning Consultant Public Relations Services Radio & TV Broadcasting Station Real Estate Agency Reproduction and Stenographic Services Social Services Agency Stock Brokerage Services Telephone Answering Services Tutorial Services Travel Agency * Uses marked with an asterisk require a special use permit with city commission approval. All other uses are permitted of right. Outdoor dining is permitted of right in special pre-approved areas (see Regulating Plan). Unadjusted Parking Requirements: 1 parking space required per: 250 SF 200 SF 250 SF 250 SF 250 SF 200 SF 250 SF 250 SF 200 SF 300 SF 250 SF 250 SF 250 SF 250 SF 250 SF 250 SF 250 SF 200 SF 250 SF 250 SF 250 SF 200 SF 200 SF 250 SF 250 SF 200 SF 250 SF 250 SF 250SF 400 SF 250 SF 300 SF 250 SF 250SF 300 SF ·300 SF 250 SF (SF refers to gross square feet) Z:\Commission Jtems\20 13\5-7~ 13\Shops at Sunset Place Amendment\Shops at Sunset Place Amendments Sec 20-3.3(C)(6L CM reportdocx Shops at Sunset Place May 7, 2013 Page 5 0/5 The shopping center currently has 1,762 parking spaces on-site. The parking ratio for retail uses is 1 space per 300 square feet; office uses require 1 space per 250 square feet; medical office is 1 space per 200 square feet; restaurant use is 1 space per 100 square feet. Given the total number of parking spaces available and the differences in the peak hour parking requirements for the various uses, it is not anticipated that there will be a deficiency in parking if the amendment is approved. At the special meeting of the Planning Board on April 22, 2013, representatives from Holland & Knight (representing Bakery Associates/Simon Properties) presented the proposal. Following a public hearing and discussion by the Board, they voted unanimously to recommend approval and move the item to the City Commission for review. The applicant is proposing the following amendment to the City's Land Development Code, Section 20- 3.3(C)(6). LDC Sec. 20-3.3(C) Permitted Use Schedule. * * * * * (6) Location of Permitted "SR" District Uses. In the "SR" Specialty Retail District, permitted retail uses shall be located only on first and second floor building levels, permitted office uses only on second floor building levels, and permitted residential uses only on second floor building levels or above; except that for buildings abutting U.S. 1 that contain more than 50,000 square feet of ground floor space, permitted office uses may be located on the first, second or third floor building levels within that portion of the building lying within 150 feet ofthe U.S. 1 (South Dixie Highway) right-of-way. RECOMMENDATION Staff recommends the Commission consider the proposed amendment, but also recommends the following be considered for inclusion to maintain the retail look ofthe ground floor. 1. Establish a percentage of permitted office uses that would be allowed to occupy the first!ground floor of multi-tenant structures; not to exceed a contiguous ten (10%) percent of the first! ground floor building area. Requests for office uses in excess of a contiguous 10% would require a "special exception" approval pursuant to Section 20-7.51 of the Land Development Code. 2. Office uses at street level should be required to have ground floor visibility from the adjacent streets and interior walkways, and serve patrons on an unannounced or drop-in basis. These uses should to the best of their ability, maintain a retail storefront look comparable to traditional retail sales operations. 3. The ground-floor building frontage shall have storefront windows covering no less than twenty- five (25) percent of the ground-floor building frontage wall area. Storefronts shall remain un- shuttered at night and shall utilize transparent glazing material, and shall provide view of interior spaces lit from within. Where building frontages exceed fifty (50) feet, doors or entrances with public access shall be provided at intervals averaging no greater than twenty-five (25) feet [Sec. 20-7.23]. Attachments: Application & Payment Letter ofIntent Draft Ordinance Location of Proposed Use Sketch of Boundary Survey Z:\Commission Items\2013\5-7-13\Shops at Sunset Place Amendment\Shops at Sunset Place Amendments Sec 20-3.3(C)(6LCM report.docx 1 ORDINANCE NO: ____ _ 2 3 An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the Land 4 Development Code; providing for additional ground floor and third floor uses for 5 certain properties in the "SR -Specialty Retail" zoning district. 6 7 WHEREAS, the "SR" Specialty Retail District of the Land Development Code is generally 8 intended to encourage comparison retail uses at the pedestrian-oriented grade level of buildings and office 9 and residential uses on upper floors of buildings; and 10 11 WHEREAS, very large commercial buildings located along the periphery of the "SR" District 12 are appropriately suited to include a proportion of office uses within the first floor level to complement 13 the comparison retail uses; and 14 15 WHEREAS, the Planning Board at its April 22, 2013 special meeting conducted a public hearing 16 on Application PB-13-009, and unanimously recommended approval of a proposed amendment to the 17 Land Development Code which will allow office uses on the ground (first) floor of certain buildings in 18 the "SR" District; and 19 20 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 21 and enact the aforesaid amendment. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 24 OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 25 26 Section 1. That Section 20-3.3(C) (6) entitled "Permitted use schedule" of the Land Development 27 Code is hereby amended as follows: 28 29 LDC Sec. 20-3.3(C) Permitted Use Schedule. 30 * * * * * 31 (6) Location of Permitted "SR" District Uses. In the "SR" Specialty Retail District, 32 permitted retail uses shall be located only on first and second floor building levels, permitted 33 office uses only on second floor building levels, and permitted residential uses only on second 34 floor building levels or above; except that for buildings abutting U.S. 1 (South Dixie Highway) 35 that contain more than 50,000 square feet of ground floor space, permitted office uses may be 36 located on the first, second or third floor building levels within that portion of the building lying 37 within +W 175 feet of the U.S. 1 (South Dixie Highway) right-of-way. 38 39 ill The percentage of permitted office uses that would be allowed to occupy the first or ground 40 floor of multi-tenant structures shall not to exceed a contiguous twenty-two (22%) percent of 41 the first or ground floor building area. Requests for office uses in excess of a contiguous 22% 42 will require a "special exception" approval pursuant to Section 20-7.51 of the Land 43 Development Code. 44 hl Office uses at street level shall be required to have ground floor visibility from the adjacent 45 streets and interior walkways, and serve patrons on an unannounced or drop-in basis. These 46 uses should to the best of their ability, maintain a retail storefront look comparable to 47 traditional retail sales operations. 1 .Q) The ground-floor building frontage shall have storefront windows covering no less than 2 twenty-five (25) percent of the ground-floor building frontage wall area. Storefronts shall 3 remain un-shuttered at night and shall utilize transparent glazing material, and shall provide 4 view of interior spaces lit from within. Where building frontages exceed fifty (50) feet, doors 5 or entrances with public access shall be provided at intervals averaging no greater than 6 twenty-five (25) feet. 7 [Ref. Section 20-7.23] 8 9 10 Section 2. Codification. The provisions of this ordinance shall become and be made part of the 11 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be 12 renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to 13 "section" or other appropriate word. 14 15 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 16 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 17 the validity of the remaining portions of this ordinance. 18 19 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 20 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the 21 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being 22 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict 23 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by 24 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion 25 that needs to be repealed to harmonize the two ordinances shall be repealed. 26 27 Section 5. Effective Date. This ordinance shall become effective upon enactment. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ENACTED this __ day of _____ , 2013. ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY #12103177 vI APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: 2 City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of$500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. Vice Mayor Liebman stated that he had a meeting with the legal counsel for the Shops of Sunset and Simon Properties. They ~ave three properties in the immediate area Dadeland, the Falls and International Mall which seem to be flourishing while the Shops of Sunset is floundering. Their worst performing asset is the Shops of Sunset, ironically the AMC Theatre located on site is the third most successful within the country. He then stated that without AMC the mall would probably be even emptier than it currently is. He also stated that he would like to get the Commission's opinion on office space on the first floor where Niketown and Casa Ideas were located; that was the nature of the meeting. He stated next that the discussion was that "office" is not currently a permitted use on the first floor, and that their perspective tenants would want to be on the first and second floors. He stated that they would like to occupy space on all three floors; with Niketown and Casa Ideas. He then stated that he would like to get the commissions' opinion before bringing this forth; it will require a 5 out of 5 vote. Commissioner Welsh asked if Simon was in favor of the proposal. The Vice Mayor stated that without a change the space may remain empty; it's kind of a dead corner. Mayor Stoddard stated thatthe location is far enough back in that it tends to discourage retail traffic; traffic doesn't come in much from that apex; Mayor Stoddard stated that he would love to see Simon Properties do something with the space. Commissioner Newman stated that she too would love to see this space used; it would be great for the downtown businesses that have offices with employees walking around patronizing the restaurants and the shops. Commissioner Welsh asked if it would be possible to require them to put something interesting in the windows, the first 5-feet, so anyone that is window shopping at the far corner wouldn't be turned off by walking by office space. Mayor Stoddard stated that the problem is that nobody does; there's a Wendy's there but that doesn't draw a lot of foot traffic. It's sort of been a dead corner for a long time. If there had been more foot traffic it would probably been more successful. The Mayor indicated that the original plan for that corner was a high rise hotel; a dozen stories, and South Miami didn't particularly want that. In terms of hotel construction, hoteliers are saying that unless they can go pretty high, it doesn't work economically for them. We're not interested in a 12-story hotel on that corner so it seems to me that office space is probably a reasonable solution. Page 1 of2 Z:\Commission Items\2013\5-7-13\Shops at Sunset Place Amendment\Draft CC Meeting Minutes Excerpt-02-05-13.00cx The Vice Mayor asked the City Manager to Comment on the proposal. Mr. Alexander stated that he was sure that Simon was doing everything they can to fill and maximize the retail space. The Manager stated that he would want to sit down with Simon Properties and have a very clear understanding and hopefully a commitment by Simon about them redoubling their efforts on filling up the space that they have. That portion of the property was intended to a part of the feeding process for the entire retail part. I think it may turn out to be a good thing to go to office, but I'd be careful how we do that and I think we ought to enter into some discussion with them, rather than just taking an action. Commissioner Harris indicated that Simon Properties would come before the Commission to discuss what they think might work and what we think might work. This is not a new situation, it's been going on for many years through two different shopping centers. Its something that needs to be worked on and soon; I'd like them to be more profitable. The Vice Mayor stated that he had a concern that the proposal would be a ten year lease and would not want to tie up the property for that length of time. Discussion on the item ended. Page 2 of2 Z:\Commission Items\20J3\S-7-J3\Shops at Sunset Place Amendment\Draft CC Meeting Minutes Excerpt-02-0S-J3.doCX Holland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com March 8, 2013 VIA HAND DELIVERY Mr. Christopher Brimo, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 ECEIVED MAR 08 2013 PIMning and Zoning oepartment Ines Marrero-Priegues 3057897776 ines.marrero@hklaw.com Re: Letter of Intent Accompanying Application by Bakery Associates and Simon Properties for a proposed text amendment to the Land Development Code to allow office on the first and third level of a portion of the The Shops at Sunset Place located at 5701 Sunset Drive, South Miami Dear Mr. Brimo: This letter of intent accompanies the application by Bakery Associates, LTD. and its general partner, Simon Property Group, L.P. (collectively referred to as "Simon"), the owners of The Shops at Sunset Place located at 5701 Sunset Drive (the "Shops at Sunset" or the "Property"). The application requests consideration and approval of an amendment to the Land Development Code of the City of South Miami to permit office uses on the ground floor and the third floor of a portion of Shops at Sunset. The Shops at Sunset is an approximately 516,000 square foot mixed use development located on the southwestern comer of US 1 and SW 57th Avenue in the City of South Miami. The Property lies within the SR zoning district and within the HD overlay district. Section 20-3.3 of the LDRs sets forth a table of uses for all zoning districts within the City. For each district listed in the table, various uses are designated as "permitted by right" or "permitted as a special use" or not permitted within that particular zoning district. The SR district permits a wide variety of different uses, including various retail, office, and residential uses. Mr. Christopher Brimo, AICP Planning Director March 8, 2013 Page 2 Section 20-3.3(C)(6) of the LDRs contains an additional limitation on uses within the SR district. That section provides in full: (6) Location of Permitted "SR" District Uses. In the "SR" Specialty Retail District, permitted retail uses shall be located only on first and second floor building levels, permitted office uses only on second floor building levels, and permitted residential uses only on second floor building levels or above. Under a literal reading of the SR district regulations, office uses would only be permitted on the "second floor building levels" of the Shops at Sunset Place. Shops at Sunset is a landmark project in the City of South Miami. In 1999, when the Property was redeveloped from its previous existence as the Bakery Center, the project was heralded as a new mall with a new concept: a project that would focus as much on entertainment as shopping. The southern portion of the center includes restaurants, Splitsville, multiplex AMC Theater and IMAX that is, to date, the fourth overall movie theater in the greater Miami area. The northern portions of the center originally included the Virgin Records Megastore, NikeTown and, later, Casa Ideas. After intense marketing efforts, the northern portions of the project have not succeeded as retail uses. This application requests an amendment to the Land Development Code, specifically, Section 20-3.3, to permit office uses within all levels of this struggling northern portion of Shops at Sunset. Simon contemplates that approximately ±40,500 square feet of the first floor of the mall could be successfully leased to uses that are considered office uses in the Land Development Code. An additional 24,500 square feet of office space is available on the third level. Specifically within the category of potential office uses are advertising agencies, architectural, engineering and construction companies, charitable organization, educational institutions, media and entertainment companies, executive and financial service companies, medical offices, professional offices and technology firms. It is important to note that while Simon Properties is best known as a retail development company, Simon Properties has office, hotel and residential properties through out its portfolio. They continuously explore opportunities to diversity assets and intensify the number of uses. Simon owns and manages over 2 Million square feet of office space spread across a broad range of projects. When physical space is available and appropriate, office uses are a complementary leasing strategy, especially in more urban areas. Office tenants provide a steady daytime source of foot traffic for the retail and restaurants during non-peak hours. At the same time, for tenants with smaller offices, being part of a mixed-use center is an amenity for their employees and clients. Mr. Christopher Brimo, AICP Planning Director March 8, 2013 Page 3 As stated, above, the proposed text amendment submitted with this application is drafted to limit the ground floor and third floor office use to the northern portions of the project (office uses are permitted, by right, on any and all portions of the second floor). As you probably know, this area of Shops at Sunset is accessed internally and has very limited street exposure along US 1 and Red Road. Furthermore, the amendment will achieve flexibility of uses in that portion of the project without affecting the intended spirit of retail uses at street level in the rest of the Specialty Retail District ofthe City. Based on the foregoing, we respectfully request your favorable review and recommendation of the proposed text amendment. Should you have any questions or need additional information, please call me at (305) 789-7776. IMP:sf cc: Mr. Steven Alexander, City Manager Ms. Kathy Shield, Simon Properties Very truly yours, HOLLAND & KNIGHT LLP mes£;Z:-~ Mr. Derrick L Brown, General Manager, The Shops at Sunset Place Joseph G. Goldstein, Esq. # 1?';Q4?'i 1 vl c7li '0, ~I Color Legend I" ! §. (COIiVerSlon fllst Level) c:::J Ret.ou! c::J Restaurant Other MmMit:d. F"lllllary;W 20"13 First Level Exhibit Plan ~ o 40 80 c) Level 0'1 Level 02 Level 03 Total Potential Oh'ice Area Level 01: 40,376 SF (Convelied To Office) 40,376 46,589 24,470 '1'11,436 ;-FORIVIER NIKETOWN / (CONVERT TO OFFICE) '10,583 SF RETAIL / RESTAURANT 7,459 SF FORIVIER URBAN OUTFITTERS (CONVERT TO OFFICE) 6,589 SF /-VACANT SPACE / (CONVERT TO OFFICE) 5,86'1 SF -FORIVIER CASA AND IDEAS (CONVERT TO OFFICE) '17,342 SF Po~ential Office Users Advertising Architectural, Engineering, and Construction Charitable Organizations Educational Entertainment Executive Center Financial Services Insurance lVIedia BUFFALO WILD WINGS lVIedical Office Professional Office Public Offices Technology 6,516 SF 'I )s at Sunset Place MON® The S lOr 5701 SUllSet Drive S I . . FL l314J South MHUl1l, . . 3 CORP., 03U ~~~~~~~~~~§'~~7C Color Legend (Conversion First Level) r:::=l Retail r=:J Restaurant Other !I.1t:ltMiI:l(J' FtlblUdlY 20, 2013 I ~ II ! Second Level c) Exhibit Plan - ~ o 40 80 ~ Level 02: 46,589 SF (Already Entitled For Office Use) / -FORMER NIKETOWN / 10,'1'16 SF FORMER URBAN OUTFITTERS 7,8'1'1 SF FORMER CASA AND IDEAS '16,900 SF 2[J) -\ 5.5378F· 3,135 SF The 1 p 5701 Sunset Dnv~ S I Sl 0 s at Sunset Place MON'" S th lVI'aIllI, FL 331-l , l..) lJ CORP # 0303 ~~~~§~~:¥~~?:~s~~f;;i;J nt= Ll Color Legend (Conversion FIrst Level) r=]Retall c::=1 Restaurant Other ModIfied. February 20, 2013 ~ ~II ~I ~ IL "-"1--) , c:.: --Il-:=> -~,c:--::_/-:;~ ::-::> --- ITI i » I i I » » I J II I __ ~-I i-~---i \I 1---» II » 1~-1I » L~x __ U I ~~_A--I » » \I I I ~II » I c=~ 6 VACANT - (CONVERT TO OFFICE) 5,556 SF Third Level Exhibit Plan ~ o 40 80 COOL-OU-SAC (CONVERT TO OFFICE) 8,768 SF c) 3A L _______ _ Level 03: 24,470 SF (Already Entitled For Office Use) FORMER NIf<ETOWN (CONVERT TO OFFICE) 10,146SF The S 10P 5701 Sun~el Dnv~ S I M I s at Sunset Place ON'i> South IVhallll, FL 3314_ 3 • CORP# 030 ~ ? " March 6, 2013 City of South Miami Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 The Zoning Specialists Group, Inc. RE: Property Owners List within 500 feet of: LEGAL DESCRIPTION: RECEIVED MAR 08 2013 Planning and Zoning Department A portion of Blocks 1 and 2 and that Street between Blocks 1 and 2 designated as Church Street, known as North Red Court, and now known as 57th Court "CARVERS SUBDIVISION", according to the Plat thereof, as recorded in Plat Book 6, at Page 36 of the Public Records of Miami Dade County Florida. FOLIO NO. : 09-4025-031-0060 LOCATION: 5701 SW 72nd Street, South Miami FL 33143 PREPARED FOR: HOLLAND & KNIGHT LLP ORDER NO.: 130304 This is to certify that the attached ownership list, map and mailing matrix is a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on the file in Miami-Dade County Property Appraiser's Office. Sincerely, THE ZONING SPECIALISTS GROUP, INC. ~~4r~ Ve-"!? L.op_ez, P.S.M. For the Firm Total number of property owners without repetition: 197 7900 NW 155th Sfreet • Suite 104 • Miami lakes, FL 33016 Phone: 305-828-1210 http://www.thezoningspecialistsgroup.com 1 I. Office of the City Clerk City of South Miami 6130 SUBset Drive South Miami, FL 33143 LOBBYIST REGISTRATION -'RECEIVED MAR 0 8 2013 Planning and Zoning Department Lobbyist Information Lobbyist Name: Marrero-Priegues, Esq., Ines Last First Middle Mailing Address: Holland & Knioht LLP .701 Brickell Avenue. Suite 3000 Miami FL 33131 City State Zip Business Phone:305-789-7776 Fax: 305-679-6325 E-Mail: ines.marrero@hklaw.com II. Principal Information Name, address and phone number of Principal: (i.e., Person, Business entity, governmental entity, religious organization, non-profit corporation, or association whose interest you represent or by whom you are employed, including the preceding five years, starting with the most recent) Use additional paper ifnecessary .. Name: The Shops at Sunset Place Mailing Address: 5701 Sunset Drive Phone No.: . Miami FL City State Name: 305-789-7782 33143 Zip Mailing Address: ____________ Phone No.: ______ _ City State Zip 'Name: Mailing Address: ___________ Phone No.: ______ _ City State Zip Other Principals or Interests holding directly or indirectly a ~ 10% or more ownership interest (Pursuant to Section 2-11.1(8) of the ~ Code and Sections 8A.S(2)(c)(1c) & (3) of the City Code) III. Legislative Issue Information Brief description of issue and specify any city departments, offices, agencies, boards, committees or task forces in which you lobby: . Re-development issues for The Shops at Sunset (5701 Sunset place) THE CLERK SHALL REJECT ANY STATEMENT WHICH DOES NOT DETAIL THE ISSUE ON WHICH THE LOBBYIST HAS BEEN EMPLOYED. Revised 10/08 IV. Fees (Registration Fee: $500.00 as of Oct. 1, 2008-0rd. No. 44-08-1979) Any person who only appears as a representative for a non-profit organization (such as a charitable, neighborhood· or dvic organization) shall be required to register, but shall not be required to pay any registration fees. ** ** ** Pursuant to Section 2-11.1 (q) of the Coun*, Code, have you been employed by the City in the last two years? Yes __ No __ Ifyes, state position you held below. In addition, you may be barred from lobbying your former city for a period up to two years. Pursuant to Section 2-11.1(s) of the County Code, a lobbyist shall state the extent of any business or professional relationship with any member(s) of the City Council/Commission. (please state below) None Pursuant to Section 2-11.1(s) of the County Code, any person who registers as a lobbyist shall file an expenditure report listing all expenditures, by category, by principal and in excess ofSlOO.OO. A statement shall be filed even if there have been no expenditures during the reporting period. The expenditure report is due October 1 at and a fine of$SO.OO per day shall be as~essed for reports filed thereafter. "I DO SOLE SWEAR THAT ALL OF THE FOREGOING FACTS ARE TRUE AND CORRECT AND 1 HAVE READ OR AM FAMILIAR WITH PROVISIONS CONTAINED IN SECTION 2-11.1 OF THE MIAMI-DADE COUNTY CONFLICT OF INTEREST AND CODE OF ETIDCS ORDINANCE, INCLUDING . WITHDRAWAL AND REPORTING REQUIREMENTS." Signature OfLobbyqg~_~:...-..,' 1'-. _1A-.,/~L=~~~· .k1C.-Date: /8/z.$/.IL State of Florida, County of Miami-Dade • .i n .. JI.,s rd Sworn to and subscnbed before me UeJ "'anf'~.ml.irl;z.:3 day of Oat. .20.2. (Seal) BMW FI.EITES MY COMMiS8loN' CO 868030 ,,_ .... f!XP'AeS: Ap!1118, 2013 -..... Thru NcIaIy PublIc UndtnwItI!I Should you have any additional questions regarding the registration and reporting reqwrements you may call the Miami-Dade County Commission on Ethics and Public Trust at (305) 579-2594. Questions concerning fees and legislative issue information should be directed to the City Clerk. Revised 10108 HOLLAND &'kNleifT LLP 701 BRICKELL AVENUE, SUITE 3000 MIAMI, FL 33131 (813) 901·4138 : FIVE HUNDRED AND 00/100 Y TO THE ORDER OF City of South Miami BANK OF AMERICA 63-41630 VOID AFTER 180 DAYS DATE 10115112 30 303665 U.S. FUNDS AMOUNT $500.00 . \ . CITY OF SOUTH MIAMI LOBBV,ST AUTHORIZATION ,FORM '" 0\ I ',. > ,'" PRINCIPAL'S NAME: BAKERY ASSOCIATES LTD. c/o SIMON PROPERTIES. PRINCIPAL'S CONTACT PERSON: PRlNCIP AL'S TRADE NAME: THE SHOPS AT SUNSET PLACE MAILING ADDRESS: 5701 SUNSET DRIVE. SOUTH MIAMI,'FL 33143 TELEPHONE NUMBER: 305-789--7776 NAME OF LOBBYIST(S) INES MARRERO-PRIEGUES, ESQ. LOBBYIST'S ADDRESS: HOLLAND.& KNIGHT LLP 701 BRICKELL AVENUE, SUITE 3000, MIAMI, FL 33131 TELEPHONE NUMBER: 305-789--7776 DATE EMPLOYED: Sept. 28, 2012 Is lobbyist employed for a specific issue? * Yes No SPECIFIC ISSUE: PRINCIPAL'S SIGNA: DATE: lD "'i"-);).. Violations may be determined by the lanll-Dade County Commission on Ethics and Public Trust. A finding by 'the Commission that a person has violated this Chapter shall subject the person to those penalties set forth in Section 2-11.1 of the Metropolitan Dade County Code. The penalties include admonition, public reprimand, and fines, as well as prohibitions from registering as a lobbyist or engaging in lobbying activities before the City. 0' CASH RECEIPT CASH ____________ _ , City of South Miami FUND -----__ ) f RECEIVED OF /l,kr . j'(,:u I I -, . .J , ~ -~ / ,4. ' t DESCRIPTION MAKE ALL CHECK S PA "City of Soutl1 Mi; City of South Miami 6130 Sunset Drive " Miami, FL 33143 VAUD ONLY WHEN BEAR I~: (305) 663-6338 ~---------- (305) 663-6345 pt Date: 10/24/2012 .pt Number :2194 I . . t1:'-( (., I ,I J iption: Miscellaneous charges Charged Amount: $500 Tender Amount: $500 Tender Type: CK Check, Check Number: 303665, x Signature CHECK # '? [, 3 t· l, :: CREDIT # ------- ACCOUNT NO..__--__ tl I 4 I .' f. ( hi,f.!.( a l-/j f. , \. 'tit, (. _.1 , .' <,III: .JNT$ ) I. Office of the City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 LOBBYIST IUGISTRATION Lobbyist Information Lobbyist Name: GOLDSTEIN I ESQ. I JOSEPH Last First Mailing Address: Holland &. Knioht LLP G. Middle 701 Brickell Avenue. Suite 3000 Miami FL 33131 City State . Zip Business Phone: 305-789-7782 Fax: 305-679-6313 E-Mail: joseph.goldstein@hklaw.com II. Principal Information Name, address and phone number of Principal: (i.e., Person, Business entity, governmental entity, religious organization, non-profit corporation, or association whose interest you represent or by whom you are employed, including the preceding five years, starting with the most recent) Use additional paper ifnecessary. Name: The Shops at Sunset place MailingAddress: 5701 Sunset Drive Phone No.: Miami FL City State Name: 305-789-7782 33143 Zip Mailitig Address:, ____________ Phone No.: ______ _ City State Zip Name: Mailing Address: ____________ Phone No.: __ ---,,--__ _ City State Zip Other Principals or Interests holding directly or indirectly a !% 10% or more ownership interest (Pursuant to Section 2-11.1(s) of the ~ Code and Sections 8A-S(2)(c')Clc) & (3) of the City Code) III. Legislative Issue Information Brief description of issue and specify any city departments, offices, agencies, boards, committees or task forces in which you lobby: Re-development issues for The Shops at Sunset (5701 Sunset place) THE CLERK SHALL REJECT ANY STATEMENT WHICH DOES NOT DETA1L THE ISSUE ON WHICH THE LOBBYIST HAS BEEN EMPLOYED. Revised 10108 IV. Fees (Registration Fee: 5500.00 as of Oct. 1, 2008-0rd. No. 44-08-1979) Any person who only appears as a representative for a non-profit organization (such as a charitable, neighborhood or civic organization) shall be required to register, but shall not be required to pay any registration fees. ** ** Pursuant to Section 2-11.1 (q) of the Coun¥ Code, have you been employed by the City in the last two years? Yes __ No __ If yes, state position you held below. In addition, you may be barred from lobbying your former city for a period up to two years. Pursuant to Section 2-11.1(s) of the County Code, a lobbyist shall state the extent of any business or professional relationship with anymember(s) of the City Council/Commission. (please state below) None Pursuant to Section 2-11.1(s) of the County Code, any person who registers as a lobbyist shall file an expenditure report listing all expenditures, by category, by principal and in excess of $100.00. A statement shall be filed even if there have been no expenditures during the reporting period. The expenditure report is due October 1 st and a tine of $50.00 per day shall be assessed for reports filed thereafter. !lA1l! "I DO SOLE SWEAR THAT ALL OF THE FOREGOING FACTS ARE TRUE AND CORRECT AND I HAVE READ OR AM FAMILIAR WITH PROVISIONS CONTAINED IN SECTION 2-11.1 OF THE MIAMI-DADE COUNTY CONFLICT OF INTEll)tST AND CODE OF ETIDCS ORDINANCE, INCLUDING RAW AND REPORTING REQUIREMENTS." Signature of Lobbyist: ..... """"'~'---r--=---:7"-- State of Florida, County of Miami-Dade Sworn to and subscribed before me -:1bJrthl6 .6«btnoJV"iay of 0c:1. , 20 12. S/USY FLEITEs MY COMMISSION ~ DO 85B036 eWfl/~/fllJlHiN!~1ll..161 2013 .... , .... lie Underwrit9m Should you have any additional questions regarding the registration and reporting requirements you may . call the Miami-Dade County Commission on Ethics and Public Trust at (305) 579-2594. Questions concerning fees and legislative issue information should be directed to the City Clerk. Revised 10/08 HOLLAND & KNIGHT LLP 701 BRICKELL AVENUE, SUITE 3000 MIAtlJ, FL ~31 (813) 901-4138 ~ FIVE HUNDRED AND 00/100 Y TO THE ORDER OF City of South Miami BANK OF AMERICA 63-41630 VOID AFTER 180 DAYS DATE 10115/12 30 303664 U.S. FUNDS AMOUNT $500.00 I. CITY OF SOUtH MIAMI LOBBYIST AlJTHORIZATION FORM PRINCIPAL'S NAME: BAKERY ASSOCIATES LTD. clo SIMON PROPERTIES PRINCIPAL'S CONTACT PERSON: PRINCIPAL'S TRADE NAME: THE SHOPS AT SUNSET PLACE MAILING - ADDRESS: 5701 SUNSET DRIVE SOUTH MIAMI. FL 33143 TELEPHONE ·NUMBER: 305-789-7782 NAME OF LOBBYIST(S) JOSEPH G. GOLDSTEIN, ESQ. LOBBYIST'S ADDRESS: HOLLAND & KNIGHT LLP 701 BRICKELL AVENUE, SUITE 3000. MIAMI, FL 33131 TELEPHONE NUMBER: 305-789-7782 DATE EMPLOYED: -Sept. 28. 2012 Is lobbyist employed for a specific issl)e? * Yes No SPECIFIC ISSUE: Re-development issues for The Shops at Sunset Plac I swear under penalty of peIjury that th . fo DATE: (b--I'd-accurate. -- PRINCIPAL'S SIGNA Violations may be determined by the' '-Dade County Commission on Ethics and Public Trust. A finding by the Commission that -a person has violated this Chapter shall subject the person to those penalties set forth in Section 2-11.1 of the Metropolitan Dade County Code. The . penalties include admonition, public reprimand, and fines, as well as prolu'bitions from registering as a lobbyist or engaging in lobbying activities before the City. ,. ,':.: CASH RECEIPT CASH~ __________ _ City of South Miami FUND -_~ ___ _ . ~ .. CHECK # 3tJ.3 & 6 £.I CREDIT # -----,---,.-- DATE: It) /) q /1,).. ACCOUNTNO, __ ~ ____ ~ • ~ I ' ')'h'" f h. 1/" (, (.:1, '" I ('S..;, /,L/d/ t'i d,! "Ai" '., .. \,1 , ~,/,;'i«l/! . /'L: ;'';!d,~~:. '. ' RECEIVED OF DESCRIPTION -----_ ... MAKE ALL CHE "City o.r Sou \" " of South Miami . VALID ONLY wm :.; ;'. Sunset Drive '.,.:) Miami, Fl33143 .,1.;): (305) 663-6338 ~~""~'~.:."~~ •. ~:._:.. ...... i '. (305) 663-6345 .. ' : :)t Date: 10/24/2012 . 'ipt Number: 2195 . Iptlon: Miscellaneous charges '. ::d Amount: $500 Tender Amount: $500 Tender Type: CK Check, Check Number: 303664, X, __ _ Signature \MOUNT $ /1 V. j . --. ,/ If· / ! . " ( .,;.' cAsmER ' City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:31PM Pledge of Allegiance was recited in unison II.Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Ms. Fischer, Mr. Greiner, Dr. Philips, and Mrs. Beckman. Board Member absent: Mr. Fernandez, Dr. Hauri City staff present: Mr. Christopher Brimo (Planning Director) and Ms. Tiffany Hood (Board Secretary). City staff absent: Mr. Marcus Lightfoot (Permit Facilitator) City Attorney: Mr. Thomas Pepe. III. Administrative Matters IV. Public Hearings 2. PB-13-009 -Applicant: Bakery Associates, Ltd. -An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the Land Development Code; providing for additional ground floor and third floor uses for certain properties in the "SR -Specialty Retail" zoning district; providing for severability; providing for ordinances in conflict; and providing an effective date. Applicant: Ines Marrero Ms. Fischer read the item into the record. Mr. Brimo presented the item to the Board. He stated the Simon Properties had requested that the City of South Miami look at the proposal to amend the permitted use schedule to allow for office TH Page 1 of 4 Z:\PB\PB Minutes\2013 Minutes\April\PB Draft Regular Meeting Minutes -04-22-13 Excerpt.docx 0f) use on the ground floor of a very specific corner of the Shops of Sunset Pla,ce. He then stated that this item has been somewhat discussed at the City Commission Meeting that was held on February 5, 2013, and I have provided you with an excerpt of the minutes of that discussion. He also stated that because of the design of that center, that corner or the apex if you will on the northern point of Red Road becomes a dead zone for pedestrians due to the lack of pedestrian traffic on US 1. He stated that the applicant is asking the City of South Miami to consider allowing these office uses where the Land Development Code (LDC) currently does not permit these uses on the ground floor in the Specialty Retail (SR) zoning district. He then stated that the applicants have provided a draft ordinance outlining exactly what it is that they are proposing which is before you on tonight. He also stated that the discussion at the City Commission Meeting revolved around how you can control it so that it's not something that would take over the entire ground floor of the Shops of Sunset, which is why the applicants have defined it so narrowly. The applicant gave a brief summary of the proposal. She stated that they are here to present for the consideration of the Board an amendment to the LDC in its essence that would merely allow for office use on a portion of the first and third floor of the mall. She also stated that Sunset Place is a five hundred and sixteen (516,000) square feet mixed use project and it is governed by two zoning districts the Specialty Retail and also the Hometown Overlay. She then stated that the Specialty Retail allows a mix of uses retail, office and residential, it limits where they can go. She stated that it is very specific that retail can happen on the first and second floor, office can be located on the second floor and residential can be located on the second floor and above. She also stated that this amendment will allow office use on a portion of the first and third floors. She then stated that they ran a rough estimate with the numbers of twenty -one (21) percent or one- fifth of the mall would be converted from retail to office space. She stated that this was originally Holsum Bakery and then it was redeveloped to the Bakery Center and that didn't fair very well. She then stated that in nineteen ninety-nine (1999) Simon Properties bought this mall and redeveloped it as what is now known as the Shops of Sunset Place with a different concept of being anchored by entertainment venues such as AMC Theaters, IMAX Theater, the Virgin Megastore Niketown, Gameworks and F AO Schwartz; for people to have an experience, shop and also dine. She stated that through the year some of those entertainment venues did not fare well and we brought in CASA IDEAS which was their first store in the United States which also did not fare well. She then stated that the retail tenants are not attracted to that comer; we find that this is an opportunity to bring in office uses that are going to activate that section of the mall. She also stated that this will bring pedestrian traffic to the mall for office use, shopping and dining in South Miami. She stated that Simon Properties owns a lot of properties that are of a mixed use that have office components and they are good at managing them. She then stated that she thinks that it is important that we continue to have Simon Properties to continue being the operators of this property and to make it viable for them, because it is really what maintains it, keeps it active, and brings interesting businesses and good tenants for the City of South Miami. Mr. Greiner stated that he is in favor of supporting the use flexibility for the owner of the Shops of Sunset, it is a difficult part of the mall it kind of turns its' back on US 1 and determining what's the front the inside or the outside. He then stated that giving flexibility on uses is probably a good idea, we do miss CASA IDEAS I am sorry to see it go. He also stated that he would like to see it filled and that it would be very helpful to generate daytime traffic through office uses which will not only be a help to the mall but also to the merchants in the rest of the district as well so I think very positive from that perspective. He stated that from a planning perspective it also makes really good sense, if you look at walking distances to the transit station; TH Page 2 of 4 Z:\PB\PB M inutes\20 13 Minutes\April\PB Draft Regular Meeting Minutes -04-22-13 Excerpt.docx it makes sense to put your highest density to use especially office uses to the transit station. Mr. Greiner then stated to Mr. Brimo that it's unusual to see many ordinances that restrict office uses on the first floor. He stated that he is curious as to where this came from and after this process is it worth looking at expanding it to the rest of the district as well, if there isn't tremendous objection. He stated that Sunset Place does really well as a district at night and during the day its a little bit light and really that is your office traffic. He then stated that restaurants have a tendency to tum over very quickly too, so you have a lot of turnover on the street. He stated that he is just really curious where this came from, if you know. Mr. Brimo responded that unfortunately he does not know where this came from. Dr. Whitman stated that the place to look would be the Hometown Charette from the 1990's where the Hometown District Overlay regulations grew out of; there is a report which is available on the city's website which may say why they wanted to restrict office use. He stated that he assumes that it was to try to kind of encourage retail in the district. Mr. Brimo stated that he would believe that the office use restriction is enumerated in the SR portion of the zoning code and not in the Hometown Overlay itself; but it may have addressed that in the 90's when they originally looked at the Hometown Overlay. He stated next that probably the basis for that was so that you would not necessarily have all the office uses occupying the pedestrian first floor, if you are trying to generate a Mixed Use Retail district. He also stated that it may have been a better option to say by percentage rather than a complete prohibition on office uses in multi-use buildings like that. He stated that he will find the information and bring it back to the Board at the next meeting. Mr. Greiner stated that he asked because it is an unusual and burdensome on property owners, especially where a lot of the buildings are single story, it's just unusual I haven't seen it before, that kind of blanket restriction. Mrs. Beckman stated that there is a concern in South Miami of non-profit organizations hiring buildings, units and offices and then they go off the tax haul causing the residents to be hurt by that because they don't have the revenue to spend on concurrency and park space. She then asked the applicant if they could put a covenant in their agreement that the residents of South Miami will not be burdened by non-profit organizations. The applicant responded that the property is currently owned by a for profit company, so they pay taxes, if they were to lease a space to a tenant the owner would still have to pay taxes being a for profit company. Mrs. Beckman stated her concern of the applicant using the fact that they have non-profit tenants as a reason to pay less tax or no taxes; because she knows that in the past you have received several deductions and reductions due to the economy. The applicant responded no, the intent is to make it very profitable, generate revenue and make it better for everyone including of course the city. Mrs. Beckman then stated that she likes this project and South Miami has always wanted multi- use so, I agree with what Kevin Mr. Greiner said. Mr. Greiner asked the applicant if they have decided where the main access for the building would be, would it be from the inside of the complex or from the US I side. TH Z:\PB\PB Minutes\2013 Minutes\April\PB Draft Regular Meeting Minutes -04-22-13 Excerpt.docx Page 3 of 4 The applicant responded that it would be from the inside, we don't have any tenants yet but I would have to think that everybody is just going to park in the garage and just walk over as they do for all the other tenants that already exist. Mr. Brimo stated that the parking that is in the garage would accommodate office uses; they have sufficient parking they overbuilt the parking with the anticipation of what the highest build out would be. Dr. Philips asked for the percentage of the office space of the Shops of Sunset Place. The applicant responded that the total space of five hundred-twenty thousand and four hundred sixty- one (520,461) square feet and we are looking at one hundred eleven thousand and four hundred thirty-five (111,435) square feet of total office space which is twenty-one (21) percent. The Chairman opened the public hearing. There were no public comments. The Chairman closed the public hearing. Dr. Whitman stated that there seems to be a turn-off from people due to the paid parking. He also stated that he thinks that the concern here when this was restricted was keeping with the Hometown feel instead of it turning into Brickell Avenue. Mr. Brimo stated that the marketing representative for Simon Properties stated in discussions there have been vacant restaurant and retail space there as well and that they have been doing some aggressive marketing to try and fill the spaces before coming to this approach. Motion: Dr. Philips motioned for approval of the item as presented. Mrs. Beckman seconded the motion. Vote: Yes 5, No 0 Mr. Greiner: Yes Dr. Whitman: Yes Mrs. Beckman: Yes Dr. Philips: Yes Ms. Fischer: Yes VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:30 PM. TH Z:\PB\PB Minutes\2013 Minutes\April\PB Draft Regular Meeting Minutes -04-22-13 ExcerpLdocx Page 4 of 4 SCALE iO' 100 150 I ./ /' f,l /'-.jl . I I : I 31~ hs' J -SPCA I ~ I I I I -~ I --I I I -"J~ Icy I I 2~: I lei ~: :1 ~I ( "'I I I I I J I I l ./ '-.../"b. '--------.", tnl .~ I I .. AVEN.'1.E " SAN _ 'i<' I r--IGNACIO iil I ~ -I -------- 30' ( I -l I I . .J ;:....., " ".1 ",I I :::1 I ~: + :! I IS'! 3D" l!: 1 _I I --I -1 i 120' ! l I I I I I I l SURVEY SURVEY SURVEYORS HaTES: Sur-lng$ as slKlMft are bitsed on ill! as$lI~d ~rld'an where the centerHna of Sit 72 Street (Sunset Drive) bUM' SOtlth 55·15·1 .... West. ElevatlllM are referred to the Hall~1 GeGdetic VertIcal Datu_ (t929). Elevations are tlaud on a Clt1 of Caral Gables Bench Mark He). 601, lout" In the HIIrtheast comar of Red Ao.IJd atMI Sunset DrIve. elevetlol'l lQ.25 and Oft it Mla.I-O,de county Bench ~ No. ~60j UtI sa .. !MInt a PI( "all ana: brass dlsiC wuhe,. !lIrt In tt.e concrete gUtter. located Northwest or the HortflMtst edge of pa't'tIeAt of U. So Hlghllay No. 1 aMI 11<1 feet NorthWest or the proJectt4 East edge of piJ'Ieunt or S. N. 57th Avon.e. elevation 10. {] and ba,e(1 on a U.Soc. 'G. Bench ltN'iC -sovth KIHI-the sin !Jelnll a brass disc set vertlc~fly In North filc. of coner-et. pJlhr of the bulldl"!!. locatell 011 ttle South Side 01 Sunset Drive ilal!dllttel), IIes1 of s..M. 59th ,"mull. elentlat) 13.31. Th. SUbject Property doe$ IM1 lIe within it Speclill flood Hizard Areil (SFHA) as sAOIM on the Hitlonal Flood InsUI"'ance Pro9l"a."s, FlOG' Insurance Rne Hap-tOf" MII"-Oadll COt/My, florida Hd lneorporated Ar.as Kaop Me. 1201t6COo1581.. Couvnlty Ha. 12D65S. belt'l", a nylsell lIate of Septeaber U. 2009. Said NP dellneat~ tlHl hersln ducrltJeO land tel be 51tuate(f Mltbln lonf;' Xc. an·.,.ea d,teralne\l to J:te outSide ot the 0,21 annual chaMe tl~I,)ln. This StIrve)' 40es I'IOt rern"tsent it 5u"'1e, of the eXCluded cORda-lnlue units iln4 the appl.lr'tenallt cotAO/l eluenh as cJescribed I'n 'the ikelaratlon or Conllo.lnlu.. recol"'cJell In Official RlI!cords 601111: 2J22.a lrt. Page <!8la Ttlltre ;woe 4tI Condoalnlu. U'lits descrlbec1 In the said ~claratlon of Ctlndollnltnt 01 the RESIDENCES AT SUMSET PLACE Reference folio Us. 09-4025-07&-001. t Indlytdual ownersnlp of Condollnlua Units are not Itstell hrrerlll) "j~;~~::;l;;;;l~~~:i;~~'"" or (Se~ CD!llOn e uen s located on ts 10 and 2E af tne SOlid ndoainlul but are. not depicted hereon. The "Non-Condo.lnlu_ Property" (HCP) as eJetlned in Par-<igrIJfIft 2.21 at the said Oeclapatlon of CondOlloinlu. lie Ifithi{l the lands deset'lbed In ElI;blblts IS ana Ie. The ·Oetall' plottecJ her-eon sholfs the Ipcatiotl of a tyoicai "Noo-Condl)JlinilJll Property· (ftCP). the 4e_lslrtg Ifall between Unl"ts. The extcnl of ttle -Non-Condo.lnlu. Property" 1$ not ploUed heree,,". The total area of the SUrveyed PM'Cel as described 'Iereln contains 421,648 sijUare. feet lOr' or less (9.660 Acres Bore or less ) artd InCill(feS the exClude!! cOnclo.ln~u. units and the d.!nIurtenant COQtln elU,en. as note!! aboy!!. Tne !lross tloor areas at ground level are SOOIflI hereon ana are not trte grnss building areas. Tne SUbject Propel'1Y lies IIlthln the SA SpeelaUJ' ~1ij:1I Zoning District Hlthln tM Hil-OV H4l1etOtill Oistl'"icl ')verlay tase4 on the Zoning Kap of the City of South maal, tJ.aled Oe~.ber 20Da The alni_ setbacl:' requlre~nt!i fltr SA Dlstrl-ct pursuant to Sectilln 2O-1..5G of Article III of i:h!> Land DnCIOPllent COde 01 City of South "lao!. "Jarilla are as tolloMS: Front· ten !to) teet. "Pplles 18 ground flool"' onl,; colu.sms are 1I!MIltted "Itnln tTtf setback. Coluans Shall not be IIreater than 24 Incl'les In dlntler: caimans on the J)rOtl~r"l\1' line shall nat be closer to eacll other than 10 fet!t. Aeal' - ten (10) feet. Side {Interlor'! -Hone. Side Street • ten (to) reet. IIJIlllles to 9rOOOd floor eml"; colulln~ ara- peralttea within ttltt setback. I:9lullns shall nllt be greater than U Inches In dla.ter: colu.ns on the roperty line shall not be closer feet. Side (1I/(frlvelfa,] -tHlmt, • a ProjeCT Develoltent order HU South I-lialili 'Resolution No. 70-9 SpeCial Ercel1tlons /'IilYe been granted 1'0. the approved plan nfor.at,}on provided by City of South Mlali Zoning on HarCh 24, 2000. Bulldlnll frontage reQulreQel'llS are ba~ed on the aPilroved site plan. The as-built I lM:atlon Is (are) In substantial co~lfallce Itl1h t plaD provided to tne SVrYe),or by ttle project Architect. There ar-& 1639 standard parking spaces. 28 handicap parking spaces, 1 deslgule(f bab), c.lN'hll!! parltlng sPiIces, I parking spacas !!aslglfatelS as p.arkillil tor Pol Ice anG 4 parlClDg space designated as parking tor 5ecUl'lty In the Parklnll Garage rot' a total of 1673 pitt"kln9 $pates. The subject propert)' CUff "ress to S;t 72nd $tree South Oll'le HI!lh"a), (Sta (ReG Road). tMre are ItO betlleen the bQUnllM.r ot Doundir)' at such straat dedicated public rlgtrt Description d8ScrlbelS hlll'eon. the rlght-ot-Hay ami the Tl'o1Importatl RI!lht of May said Right they IIlrranl or Klall-Dade IJnly the surface lndlcatln.s of underground utilities have bll!en located. The client I'Ia.s pt'G"'4ed Ihlte(f un!!el"!ll"ound records no utilltl.s rlttOT'ds hi"!! the), been obtained fro. the ut III ty cOlrPanl es. TMrft AjI tie other lU1!!ergl'Ound utilities In a4dltlon to tbose evidenced by visIble aPJlurt!'nances as shown on this 5kelch. underljrounl;l foolers have not been located. SURVEYORS NOTES (Carr Tl: Ifote there are nU.erous attachunls to the bulhllng IIhlcl'l encroacn Into tbe adjacent Rights of l(ilIY, 1~ludlng bllt not 1I.ltad to IIl1h1s. signs. non-structural architectural filIcatles etcete1"a not .shown hereon. The easuents, enculltlrances anet restrictions evldented by ~~or~~v~~·e~!~J~~o~::!~)"e t~!~1 ~;C~~! I ~1~s~ro:!::~ c~ Title Coapan,. COllltunt ttJlller FA-C-4458511 bearing an dfectlve dUe at June 25,. 2010, as to tne extent thl)' Cim be located are sl'lo.J herell" or otherllise noted" t9 their effeet on tn .. PropeJ"tJ as tollaws: Itee 9) The SUbject Property as descrlbftd hereon 1SUDject to the Dade Cwoty Olsclalaer on Lot 1G, 8hclc 1 r"ordell In Official Records Boot 17498 at Page 1540) lies "Ithlll the Lands !!escrlbed In that certilln Hotlce ot Aetolltion 01 Oavelop.ent OI"der reeorded In Official Atcords Book 11664 It P.~ie 936 and 15 not pi otted here!;ll1. Un 10) TM tr'attlc signal contral·ltt" ami pole euuent recorded 1ft Official RecordS 800k 13277 at Pa!le 786 does not close. It hu .been plotted, hollever based on the best ava.llable InfOl"_atloll IlIJt should be verified be.for.e~e. Itea 111 The AgreeMnt recorded In O1tl ds 600k 17383 at !Jag!! "565 encue.bers all SUbject propert)' !subJed to 'ttIe Slid al.er on lot US, 810cl( t &nd trle Ilult he City of Soutb Mlaal on I.ot 16. Lot Lot 18 anlS LOt 19. Block i recorded ds Book 17498. at PoSge 1513). !lid Is not plotted. Ite_ 12) Tne Su.bJect Property as desCf"lbed hereon (sultJect !~d the said D 0~~!f.D6:~!a}~~~ ~~ t.g1t;5.. O~IO~:lrt~ Mia. ot 19 lying East of Lot IB and' lot 19. within the LanGs cJescrlDeG In that andlord recorded In'Offlclal Records 4058, anO"ls not plotted. Ite. f TlI!nants, the HUtiNMull at Lease:; cords Book 18722 at Page 2!99 Intereslsand lie outsl11l! IFle scope nt tflls Survey. Itee ul Ttle ~ergency Access Easuent recorded. In Official Records Soak 18gn at Page 1013. allows for access to anlS (1'0_ the herein lSescrlbed property over access' drl'olU and Italks fro. surrounding publiC roacJHays fOl'" e.ergency purposes: and Is nat plotte(f hl!.reon. :te" ~~!CJ'lb!~e I~ubt:;i c~~~~~tbec:!~~tl~~t~:n A!~~rl~~~~! Covenants recorded in Oftlclal ReCords Book 18977 at Itea ~:~e t~:'T::~fl~ ~~~n::o~!::ents recorded In OffiCial Records Boale 18996 at Page 209 are pi otte!! hereon. Itell 17) The e1lsellents deserllred In the Grant of Easeeent recorded In Official Records Suak \9320 at Page ~771 are plotte(f hereon. Iter. IBl The subject property lies Iflthin the COllllUnl1y RedevelOP"nt Af'ea described In tbe City ot SIIUUJ Mla_', Florida ik"dlnance No, 12-97-1633 recordel1 In Otflcial ReCOl'lls Book 19796 at Page 4490. anlS 1$ lIot OlottelS. It" 19) The subjeCT properly lies Mlthin ttle laOO5 describe!] In Exhibit 2,\ (The Shops at Sunset Place, Co.pled 0 recor!]ed Itelll 20) The subject prDperty d'esc.rlbeCi herein an!! tne laMs describe!! In Exhibit ·A' (The Property) or the Declaration or C and £:'4se.enh; tor TIi£ RESIOEIiCES recorlSed In Official Recor!!s Book 23274 one and the sa.e:parcel of land. Tl'le Easeaent shown In Exhlblt·C" ot said Covenants Is plotteCi hereon on sneet 6 Of 6, noting nOlle'ler said ease..ent Is reSlricted to the 5econiS Floor. Uu 2tl Tne Parking Spaces described In tl'le Parking Agre~nt for the benefit of the Unit Oltners of the units. excluded bed hereon as recol'cJed Ir. or at Page 1028. lie "I thin nereon as tne 'Mult Ing C'. The specific locn e not desc{""lbed and can not be plotted. Itea 22) The subject property lies IIlthln the lands as !!escrlbelS In EKhlblt °A-to the HeaorandUI ot Lease, ~~~o~~e:II8~:e~f~~C~~! =~~~:n~~! ~~~a~~u.p~,e Le!:~~ recorded In Official Recorti3 Book 23303 at Page 2200, andlsnotPlottad. Itelll 23J The SUbject property des.crlbe!! nereln lies within the lands as described In Exhibit -"," to ttre ~tlce of Lien Prohibition lIndllr Section 713.10, Florida Statutes, recorded In OfficIal !kcords Boolr. 25931 at ~~'1cr:r~e~~~~:c~~: ~~!9gU!~ ~!~!'l~I~da~e~~~1:~t ~~ the Da!!e County Discialler. recor!!ed In Official RecorcJs Soak 1749B at Pa!le 1540, There are no ea.!lCl!!nts sholln an the .!laid pial of CARVERS SUSDIVISIf.lH Ift\lch affect tile described property. II'1!!re uy be reslrlcllons that affecl the dan:OIl.enl /lotentlal of the subject property nol disclosed nereon. LEGAL OESCR I PTI ON: A portion of Blacks t and 2: and 1nat Street betweel! Bloci:5 1 and .2 designaTed as Churcn Street. kROMn as MOI'th Reel Courl, and nOIf ICnflltI1 as SW 57 Court. ~carvers Subdivision·. according: to tbe plat thereef a5 rll!cor-ded In Pin Book 6 "t Page. 3G ot the Public RecordS of DaCie County, Florida. being aore Plrtltularl)' Oescrlb .. d as tallows: Conenee at the SouthwlSt Corner of lot 13, 810ck Z 01 said recorded plat of ·Caners SubdiViSion"; thence-Horth 04"17'45" kst, along the ot said Lot 13. for 25.00 feet to the aflef" ~scr-lbeCi parcel or I 7'45" Hest. along 'the West I et to ttle HorthHestcorner 14'''1' East. along the IIOI"t/l line 0 said l.ot J3. t et to the Hortl'leut corner of said Lot J3: tMn" Hartn o.r17'56" Ma5t. along the west line 0' Lot 9 of saId Block Z. for So. 07 feet to lhe ~rthlfest cerner of uld Lot 9; thenn Sttuth as'14'30" Ifest, Id BIOClc 2. tar 139.57 f of SW 58th Annue. as Deed, recorded In Offl the following four (.n Rlght-ot-Wajl line of IRst, alonlla line II Hest line ot Lots 17 feet to a point; thenc& HlIrTh to a point: thence Harth 02-32' 4 for 49.1t9 reet to " point; thence Ho/"th 0"'00'50" Nest ffJl' 139.26 teet to ill herl), iJne of sl)ld Block Z; lhence HQrtn n9 the Hartnerly I ine or said Black 2 and Way line of SoU1h pirie ttlgllHay t40'. I 334.10 het to a oolnt; thence Marth tlte Rlgnt-or-Nay line of State Aoad In tho!!e certain R'ght~of-lI'a)' Deeds, recorded RecordS Boole 4131. at Page 595 and orflclal RecordS Book 4132 at Pa!le H. for 356.95 feet to a point 0' curvature Iflth a ci,.cular-cune in the westerly Rlljrtt·of-Hay 11J'l8 at Sif 57th Avenue (Red Roadl, as described In that certain Right-at-Hay Oeed, r-ecorded 10 Official ~~?~g~l~o~u;~;o~o~a~:g~o 3 °g1 25.00 feet. a cenlral 3ngl of 56.2B feel to a Point of T eet Nest or anlS parallel Hlth 1; thence South 04"lB'13" East, parallel Ilith the east line of salu Block !, for 912. 39 feet to a point of curvature; thence SOU'ihllesterly along a circular curve concllve to the Korthllest halOing a radius or 25. on feeL. a central angle of ag-33'27' for an arc dIstance of 39.08 ttet to a PalM of Tangency \lith a line 25.00 ,eet North of and parallf:1 I'Ilth the Souln I ine of said Block.5 1 and Z; theIlCe SOuth as·!!.l· If' Kest, parallel Hith tile SOuth line of said Blocks I an!! 2. ror 474 40 feet to tM POint of Beginning. LESS: A !'lortion o( Blode 2. "Carvers SulJdivislon". accor!!ing to rh~ plat ll1ereoi as recorded In Plat Boo1: 6 at Page 36 of th~ Public Aecoros of Hlaal-oadl! County. florida, oelng eOI'U rar'!.lcula:-Ir described as follows. COlllenCI! at the Northlfest corner of lot 22, alack 2 01 said • Carvers SubdlYlslon'; thence Harth 45·46'59" Eas1. alOl'l9 !~~Ka~lIrrn~I~, I ~~~~~t D~~l: ~:~~~a; r~a~~e~:~t~~I!}~lg~~~ ~~!;;"~be~e:!rc!~; i~:n~~I~~n o~o~;~'~B!~~'~~. t~:sth~~~ln~~~~9 leet to a polnr. tMnc! rtln Harth 46'45'04' East tor 120.76 reet 10 a poln1 of curvature III ttl. CirCUlar cl1l've concave i~ t~~e r~~l~; n!~~~~e a E~~a1~~ Yot a~~~~ t?:e~~c aO~e~~~~1 ~~~~: of 40"'5g'3B' for illl arc of 36..B5 feet to a point; tnence run Nortll 01·06'49" West for 25.011 teet til a lIolnt on the northerly IllIe or said Block Z; thence South 45'46.'59' Hest. alo09 tM Northerly line of said Bloc/( Z and tile Southerly Rlght-ot-Hay line o( South DIXie JlI!llnIa)' (State Road No 51, (or 187.90 (eet to the Point of Beqlnnln!J. ALSO LESS AND EXCEPT Hie FOLLOWIN!;: Units 5713, 5715, 5717. 5]19. 5121, 5133, 5735. 5737. 5739. 5741. 5763. 5765, 5767, 5769, 5nL 57B3, 5785. 5187. 5789 alf!! 57 PLACE. aCClirdinll 10 the Declaration at Condal,lnlu_ thereof, as recorde!! In Dfflclal Record:; Book 23224 201 Page 2B1a, of ~l'Ie PuI)Jic Records of Hlall·Oalle COunty. Florida, 10gatner with tne COllon Eleaent.5 apllurtenanl thereto as set torth In tnt Declaration of Condo lain lUI. FURTHER LESS AH/) EXCEPT FROM THE A80VE OESCRIBED PROPERT't ANY PORTlQtt THEREOF CONVEYED BY TH€ FQllOHINS JNSTRUMEHTS: 1. RIGHT OF WAY DEED. RECOJWEO IN OFfiCIAL RECORDS BOOK 11359. PAGE ]Q58. Z. GHT OF WAY DftO. RECOiffiED IN OFFICIAl. RECOIlOS BOOK 1 3073. 3. HAY DEED, RECORD:EO IN OfFICIAL RECOROS BOOK 1 3714 182:57, ~~;, DEED, AEC~. IN OfFICiAl AECORIlS eDOl{ SURVEYORS CERTI FICA TI ON: To Shops at Sunset Mall OIIner. LLC; Bakery Associates. Ltd.: 51.-00 Pro"erty Group, Inc.; Institutional Wall Investors ut:: First Alerlcan Title Colftlany and JPHorgan Chase. Bank. tt. A... ~nd eacn of their restactl ve successors and assigns: Tnls Is to certify that tnls • .111' or plat aM the swvey on IIhlch It 15 based ~ere Ude 10 accordance wlll1ll1lt "Hlnllul! Standar!! Detail Requlre.ents for ALTA/AC$H l<1fld Title f~r.~~:, a!dJn~ru~:!a~~!~e~ a~~ ~~og:e~~r. A~n)[ i}~ 8~~~ RECEIVED ID. lI(a) (as fa utilities surface latters on!)') aAd 13 of Table A. Pursuant 10 lhe Accuracy Stan!!ards as adopted by ALTA anlS HSPS aM In effect on tne Qate or this clI!rtlflcatlon. undersl!lned rUl"'tru:r certifies tnat In ay prllfesslonid opinion. as a land surveyor raglster-elS In the State Dr Florida. the Relative Positional ACcuracy of this survey does not excee!! that IIblcl! Is specified therein. The undersl!lned rUrtner certifIes that this eap or plat leets the Mln!1lU1 Technical Sto1ndard f/equlruents. adopted by the 80ard of Profnslonal Surveyors and !4aDP&f"S. pursuant to Chapter 472.027 Florida Statutes, as set forth In Chapter' 5J-17. FlorlQa ~dllnlstratlve CadI!. undar S8ctlons $J-17.051 and 5J~t7. 052 and Is a '8{JUNOARY SUAVEY' as defined In Section SJ-l1. 050( 1011 bl. &f\61I11 la 512 ... IllS/III TB sma 6/0!I10 "1B sntO UllJr11 T8 5!'e!2 (/01JO~ T8 rn53X l/Woo T8 53453 lit/File MAR 0 8 2013 Planning and Zoning De A .' pe; mem ZONING. ZONED STflEET UNES. SET· BACKS. UNDERGROUND EASEMENTS AND AIGKT OF WAYS. ETC. FROM ASSTAACTTO ae veRIFIeD AND/OR OSTAINEO aY OWNER, ARCHITECT .)R BUILDER BEFORE DeSIGN OR CONsmuCTlON. ."'''' _1};;;llQ ___ _ E. Ii. BROWHELL & AS~T€S. INC. ~ .. ..",-~CA.- fhoiis&r-oNn~li~ iiocuttve-'ViCe-ji;:esl dent Protes~ lonal Land SUf'¥eyor • 2agl State of Florida Reoroductlons ot this !!rawlng are not Yalld ililhout the slqnature and tne original raised seal or a Florida Ilcensell surveyorand.apDer. THE SHOPS AT SUNSET PLACE REVISED CERTIFIED TO .' UPDATE rlrLE . \3~ PREPARED F"OR: \~ SIMON PROPERTY GROUP o ~~SU~;NG EN~,~gsWNELL IS: ASSOC I A TESL~NO SJR~YS~ UPDATE SUAVEr UPDATE SUAV£Y FINAL SUAVEy UPDATE SURVEY Pro/esslonal Land SurYeyor NO 2691 Professional En Ifleer NO. 2434 SH 28th LANE MI"I1I, Florida, 33133 PHONE': (305) 860-3866 erbrowne I I. com FAX: (305) 860-3870 Orawnb: -"lR/T8 Ref. Sneet I or 6 Oe~y....:. ___ .. _~ F.B. 807. all. 812 Sk,/to. JNDARY SURVEY SEE SHEET .3 10 i- W W -I Jl II I I I \ i.Li I W 1]) I ! I ~ 101/15/10 rn i I CJ;/09/10 rn S72!O 1 0127/071 !1I I~Z' 1 Gi!G1/01 fa 1 fIllZvoo Ta ""''-' U¢ol. ;""""1 "-"- MULTI lEVa cc:m-.!t:r.{~f'!. t.1!IlI':lNG atmllr.·?'.>. "c' /o.SiS ~p .. '-"" (.". I I I iii ! iii !Ji ~ '" .,; + ,)., \ ~ 1 ~ I I I \ \ I Y-=------:====-'~"'--H-}- 125.19' 504'17"45-e: \ \ R (r:.v RECEIVE MAR 0 8 20'13 Ptannmg and Zoning Depa.rtment SIMON PROPERTY GROUP THE SHOPS AT SUNSET PLACE Souln Miami ~~ .. ~'t~"'H"'~'\.'\. ~ 1>...~~(,l)~,,\ '\.-n ....... CONSULTING ENGINEERS PLANNERS SURVEYORS &. MAPPERS 2434 SW 28th Lane !.Ilomi. Florida, 33133- 305.850.3866 305.860.3671) (FAX) Professional Land Surveyor &: Mo er No. 2391 ColrlilicQia of Autho~jtolion No. 761 OrO'Hn by: JET AM Ihl. Des by I J.N 56652 ! Fa 81 I 841 No., Dol", A vd J.N F.B. Rav,sion Des<;:fI lion Siote of F'lorido ChI, by: JL ia SCQI.. I" = 20' Ot)le: Q2-20-07 Sl~ N'.) LS 2688 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -MAY 21, 2013 in the XXX X Court, was published in said newspaper in the issues of 05/10/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secu:~r~ advertis for publication in the said newspZh Sworn to and subscribed before me this 10 day of MAY ,A.D. 2013 O.V. FERBEYRE personally known to me Notary Public State of Florida Cheryl H Marmer My Commission EE 189528 Expires 0711812~16 THE MIAMI HERALD I MiamiHerald.com . __ ~~~~~~~~~~~~~~~~ ___ ~~~ __ ~~~ ___ .SE SUNDAY, MAY 12, 2013 I 33SE Ages 11/2 -12 June 17!b -August 9th 9:00 am -3:30 pm Early Arrival & Extended Day Available Summer Montessori Classes Pre-and Post-Camp Fun Weeks Available We have fun, rain or shine, in our 8,000 sq, It. air-conditioned gymnasium. Preschool 6050 SW 57" Avenue Toddler and Preschool 17800 Old Cutler Road Toddler and Preschool 14400 Old Cutler Road Elementary 14850 SW 67'" Avenue Sports Track with Coach Rudy Fernandez • Grades 1-6 Flag Footllall, Soccer. Basketllall, and Daily Swimming (305) 665-6274 Children attend special animal presentations, prepare treats for the animals, learn about wildlife conservation and much more! Zoofari Summer Camp: for children ages 4-13 Hours: 9:00 AM -4:00 PM Extended care available until 5:30 PM .-/ Morning and afternoon snacks provided. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. May 21, 2013, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item{s): A Resolution authorizing the City Manager to execute an Offer of Settlement with the United States Securities and Exchange Commission concerning certain parking garage related securities law violations and authorizing necessary actions for implementation of the Order accepting the Offer of Settlement including hiring a consultant for more than one year. I An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the) ! Land Development Code; providing for additional ground floor and third floor l uses for certain properties in the "SR -Specialty Retail~ zoning distriCt. An Ordinance providing for the City of South Miami to approve the donation of land related to the Murray park Pool project for right of way dedication, by conveying a 5 foot strip of land approximately 1,843 square feet more or less of swale area along of right of way of SW 68 Street and SW 58 Place SW 57 Avenue in South Miami, Florida. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Cieri< Pursuant to Ronda Statutes 286.01 05, the City hereby advises the public that jf 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 she 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. ~~~~~~~~~~