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Ord No 12-05-1834_RRC Dev Agreement_4-9-05ORDINANCE NO. 12-05-1834 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 407 MULTI-FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in 2004 the Codina Development Corporation proposed the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space ; and WHEREAS, the City Commission at its April 9, 2005 special meeting amended the Official Zoning Map of the City by changing the zoning on properties located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use-4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District said rezoning subject to the conditions specified in Section 2 of Ordinance No 1 1 — 0 5 —18 3 � and. WHEREAS, the City Commission at its A 9 , 2 0 0 meeting approved a master site plan and development program for a PUD -M - Planned Unit Development - Mixed Use project on property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street subject to conditions specified in Section 2 of Resolution No 4 8 — 0 5 —1 2 {g land WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, Codina Development Corporation has proposed the execution of a development agreement with the City of South Miami pertaining to the mixed use project entitled Red Road Commons located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street which agreement would set forth all of the conditions and commitments required by the City resulting from the approval of the PUD -M rezoning and the Master Site plan; and WHEREAS, the Planning Board at a special meeting on January 5, 2005 after a public hearing, adopted a motion by a vote of 5 aye 1 nay recommending approval of the proposed Development Agreement subject to specific revisions and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I That a Development Agreement, attached as Exhibit "A" and dated March 22, 2005 between the City of South Miami, Florida, and The Codina Development Corporation pertaining to the construction of a mixed use project entitled Red Road Commons which project would be located at 6600- 6640 SW 57 Avenue and 5757 SW 68 Street is approved. 2 Ord. No. 12 -05 -1834 (2) Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of ' 2005 ATTEST: APPROVED: C:c-•- ' 'Oit CITY CLERK MA R 1St Reading— 3/7/05 2 °a Reading— 4/9/05 (as amended) COMMISSION VOTE: 4 -0 ND APPRO AS TO F RM: Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea ATTORNEY Commissioner Sherar Yea Attachment: Exhibit "A" Development Agreement E:1Comm Items1200512 -23 -05 SpeciallRezoning -TODD to PUD -M Ord.doc South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER M -Anfta6 INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Date. April /, 2005 & Commission Members ITEM No. From: Maria Davis ay Re: Development Agreement City Manager Codina Development Corp. �% 6600 -6640 SW 57 Ave. ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT - MIKED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 407 MULTI - FAMILY RESIDENTIAL .UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a Development Agreement for a 7.01 acre property as described above. The proposed development to be called "Red Road Commons will include residential buildings, parking , office uses and retail uses. A total of 407 dwelling units and 12,476. square feet of commercial space will be constructed in one phase. The Development Agreement is the third element of the applicant's approval process for a proposed mixed use planned unit development project. The first element was a request for a zone map change to create the PUD -M on the City's official map. The second part is the approval of a specific master site plan for the project. The applicant has indicated consent to. entering into .a Development Agreement with the City which would make legally enforceable all of the PUD conditions and requirements set forth by the City as part of its approval of the zone map change and the master site plan: STATUS OF APPROVAL ELEMENTS PUD -M Zoning Map Change The application to amend the zoning map from TODD(MU -4) to PUD -M for the subject property Development - 4greernent March 28, 2005 Page 2 of 4 was recommended for approval with four conditions by the Planning Board after a public reading at its September 27, 2004 meeting. The City commission conducted a public hearing on the amendment ordinance on October 19, 2004 and approved the ordinance with the recommended conditions on first reading. The application was subject to a second public hearing on November 16, 2004 and March 7, 2005. On each occasion action on the zone map change application was deferred. PUD -M Master Site Plan The application to approve a Master Site plan for the subject property was recommended for approval with 15 conditions by the Planning Board after a public reading at its October 12, 2004 meeting. The City commission conducted a public hearing on the site plan at its November 16, 2004. and March 7, 2005 meetings. On each occasion action on the master site plan application was deferred. Develpi2ment Agreement As required by the Local Government Development Agreement Act, two public hearings must be held by the City with mail notice and newspaper ads. A public hearing on the proposed Development Agreement was held by the Planning Board at a special meeting on January 5, 2005. The City Commission, at a special meeting on March 7, 2005, approved the Development Agreement on first reading with several amendments. DEVELOPMENT AGREEMENT REGULATIONS Florida State Statutes 163.3220 -3243 (Florida Local Government Development Agreement Act) sets forth the authorization: and procedures for a Iocal governments if they intend to enter into an �� e at the development program .and all of the related conditions as approved by the local government will be implemented. S CTMMARY OF DEVELOPMENT AGREEMENT The following is a summary of major provisions in. the proposed agreement: • The property will be developed in one phase and in accord with the adopted master site plan adopted by and on file with the City (p. 2- No. 1d, 1 e ); hi order to respond to the City's concurrency standard the developer agrees to pay to the City an $838,000 fee for park and recreation facility expansion; if the City buys land at a higher price the developer will pay up to $300,000 per acre for a demand of 3.2 acres. (p. 2- No. 2d); • The developer agrees to construct a left turn lane into the project from Red Road, including median landscaping (p.2-3, No.2e); • The developer agrees to reserve 10 % of the residential units for affordable housing group rentals (p.3 - No. 2f); and to provide $100,000 for additional off site development of affordable housing; Development Agreement March 28, 2005 Page 3 of 4 • All 15 of the conditions approved by the Planning Board as part of the master site plan review are contained in No. 5 (pp.3 -4); • The developer sets forth a special donation to be used for public schools in the City of South Miami (p.5- No. 6) The staff has reviewed the development agreement and. has determined that it contains all of the commitments made by the developer as part of the zone change and master site plan approval process. PLANNING BOARD ACTIONS The Planning Board at a special meeting on January 5, 2005, after a public hearing adopted a motion by a vote of 5 aye 1 nay (Mr. Elas) recommending approval of the Development Agreement subject to the following 11 modifications: I) Page 2, Item I(b) the word "may" will be replaced with the word "shall." 2) Page 2, Item. 1(d) needs to include the square footage of the commercial space. 3) Page 2, Item 2(d) in regards to the total amount of $838,000 this amount, which is donated by the applicant to the city can be in the form of a bond or a letter of credit or security. 4) Page 3, Item 2(f) Housing- five (5) percent is to be replaced by "y2 to ten 10 ercent" of the units shall be made available to the affordable housing group; if the project is converted to con omuuurns a same percen . 5) Page 4, Item 5(e) the sentence should read as the following: "Applicant shall provide stop locations on or adjacent to the site for service by the HurryCane shuttle and should not interfere with SW 57 Avenue traffic and attempt to coordinate with the South Miami Trolley system. 6) Page 4, Item 5(f) the word "should" will be replaced with the word "shall." The section that refers to the applicant providing trees on city property will now read: "the applicant must provide a row of 12' high trees or trees with heights agreed_ upon by the parties, and provide trees with a minimum of 6 inches in caliber as well as provide 25 trees of various types and a few oaks trees on City property located between the FPL facility and the South Miami Community Center. 7) Page 4, Item 5(g) applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. 8) Page 4, Item 5(k) in regards to the full yard dumpsters the actual dimensions of the dumpste.rs must be provided. 9) Page 4, Item 5(I) sentence needs to be expanded in order to include all street improvements. Development Agreement March 28, 2005 Page 4 of 4 10) Page 4, Item. 6, the term "regarding purchases" shall be deleted from the second sentence in the .paragraph. Also, the addition of the term that the applicant agrees to donate $34, 800 to the school board and shall be contributed upon the issuance of the first certificate of occupancy (CO). The section should also allow the funds to be escrowed and spent at an appropriate time. 11) Page 7, Item. 16 needs to incorporate that if on the portion of the property that is failing to comply with this development agreement the City of South Miami is authorized to refuse certificate of occu anc CO and any inspections or grant any approvals, with regards to that portion of the property until such time as this Development Agreement is complied with NOTE: The revised Development A reement submitted by the apDlicant is dated 3/22/05 and is attached. It does contain all but two of the modifications suggested by the Planning Board as listed above. Items Nos. 2 and 10 are minor amendments which were not included as suggested by the Board. RECOMMENDATION It is recommended that the City Commission approve on second reading the attached proposed Development Agreement as modified. Attachments: Draft Ordinance Planning Board Special Meeting Minutes 1 -5 -05 Fl. State Statute 163.3220 -- 163.3243 Public notices MD/DOD /SAY E:1Comm Items1200513 -28 -05 SpecialTeveI Agree Red Rd Commons Report.doe This instrument prepared under the supervision: and when recorded return to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard (Space Reserved for Clerk) Suite 2500 Miami, Florida 33131 -2336 DEVELOPMENT AGREEMENT This Development Agreement is made as of this #74 day of � , 2006, by and between The City of South Miami, Florida, a municipal corporation ( "City ") and Codina Fairfield 1, LLC ( "Applicant "). Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on the Applicant, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ( "Development Agreement ") is released in writing as hereinafter provided; WHEREAS, Applicant has a contract for ground lease of the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property "), and WHEREAS, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 -- 163.3243, Florida Statutes, (the "Act ") provides for the execution of development agreements to insure that the law in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement. NOW, THEREFORE, in consideration of the covenants, conditions, and promises herein contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the City hereby agree as follows: M 1 AM 1 819314.1 1 7326021531 1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in substantial accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. C. Development of the Property shall be in one (1) phase. 2. Public Facilities: In order to enhance public facilities in the City of South Miami, Applicant agrees to provide services in compliance with Section 20 -4.1 of the Code of the City of South Miami, including: a. Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. b. Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to pay for a 3.2 acre proportional share of the City's contract price of a larger parcel of land for park use, or provide 3.2 acres of land acceptable to the City for a public park. In the alternative, the Applicant may provide notice of intention to make a "substitute payment" based on the average sales price of residential property in the City over the last year as described in writing by City by December 15, 2005. The Applicant's payment shall be made in one lump sum on or before the issuance of the first building permit for construction of any residential units on the Property. In the event that the Applicant declines to pay for the 3.2 acre proportional share, pay for land acceptable to the City or tender a substitute payment as provided for in this paragraph, then the application for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant with no change in zoning to the Property e. Traffic - Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left-turn, northbound entrance lane on Red MIAMI 819310.11 7326021531 2 Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. f Housing — A requirement of ten percent (10 %) of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to condominiums, ten percent (10 %) of the units will be sold to individuals or families in the moderate income segment of the affordable housing group. In analyzing compliance with this paragraph, the City shall allow minor deviations resulting from short -term vacancies. Incomes shall be based on Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban Development. Proof of Compliance with this requirement on an annual basis shall be provided in writing on or before January 15 of the following year to the City Manager. In addition, the Applicant shall make a payment of $100,000 to the City on or before the issuance of the first certificate of use and occupancy for the development on the Property, to be placed in a City trust fund to assist in the development of low income housing in the City's Community Redevelopment Agency area. 3. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Millage Taxes from Miami -Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This provision shall not abrogate any of the Property Owner's rights to file appeals of Tax Assessments for the Property, in accordance with the laws of Miami -Dade County. 4. Work Force: In an effort to enhance job opportunities for local citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (1) bids for construction work on the Property, (2) bids for temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants from the City of South Miami, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the MIAMI 819310.11 732602 € 531 3 Property. Payment for the positions shall be at Applicant's sole expense and shall be commensurate with similar job levels and responsibilities in comparable industries. 5. Site Plan. a. Applicant shall retain ground water run -off in accordance with City regulations. b. Applicant shall provide on site security. As part of on site security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate to the proposed parking garage and make arrangements to assure emergency access by public safety vehicles. The entrance at Levante Ave. shall be signalized and approaches installed based on approval by Miami -Dade County and the State of Florida Department of Transportation. d. The exit for the driveway onto SW 66 Street shall be designed and operated as a right turn out only driveway. The exit shall be closed with a gate to prevent turn out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday. C. Applicant shall provide a minimum of one (1) stop location on site for service by the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57"' Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with the City of South Miami shuttle pick -ups to minimize traffic impacts. f Applicant shall provide and maintain landscaping acceptable to the City between the FPL facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Community Center shall be uniform in appearance and consist of not less than 25 trees in the row. g. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. h. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. Applicant shall provide a master signage plan for project identification, traffic, routing, and retail stores prior to final project approval by the Environmental Review and Preservation Board (ERPB). Applicant shall limit on site lighting property edges to 2 foot - candles of intensity at an 18 inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. MIAMI 819310.11 7326021531 4 k. Applicant is to assure that the refuse service areas shall be large enough to accommodate adequate dumpsters. The final number and dimensions of service areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. !. All parking and street improvements placed on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from a maintenance bond to be posted prior to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. m. Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. n. Applicant shall install all sidewalks as shown on the adopted master site plan. o. Applicant shall open up the paseo on the north side as shown on the amended site plan, as approved by the Planning Board, in order to break up the long facade of the residential building. P. Applicant and the City shall agree on the number of locations of the loading zones prior to the final approval of the Development Agreement. The dimensions and locations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the City may eliminate the on- street parking spaces located on SW 66 Street. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5q, requiring removal of on- street parking on SW 66 Street], through a combination of parking garage, a small surface lot, and on -site street parking. The Applicant will commit to participate in a joint working group with the First Methodist Church of South Miami and municipal, county and state agencies to devise a plan mutually agreeable to Applicant and the First United Methodist Church of South Miami, for pedestrian improvements and beautification for Red Road. Applicant will contribute the construction cost of specific pedestrian enhancements agreed upon by Applicant and the First United Methodist Church of South Miami. The Applicant will present plans for traffic permits indicating travel lanes of 10.5 feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced "landing zone" for pedestrians in the center of Red Road between the Property MIAMI 81 9310.11 7326021531 5 and the First United Methodist Church to the east, subject to the approval of Miami -Dade County and the State of Florida Department of Transportation. The Applicant shall not exceed a noise level equal to the ambient background level at 10:00 P.M. at a location adjacent to the Property to be selected by the Planning Director; said location may change from time to time. U. The Applicant shall obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miami -Dade County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fiend programs, purchase materials (such as additional computers) or in any manner that the School Board and the City determines will enhance the curriculum and the students' attending the subject school's educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. 7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1), City Code. NOW THEREFORE, the City, in consideration of the premises, hereby agrees as follows: 8. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the Master Plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Applicant of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. MIAMI 819310.11 7326021531 6 9. Impact Fees. The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. 10. Coneurreney and Consistency. The Application together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. Additional Requirements: 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period of ten (10) years after the date of such recordation, after which it may be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon approval at a public hearing. 12. Annual Report and Review. It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. . This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The City Commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the City shall provide the Applicant with a fifteen (15) day written notice and opportunity to cure the non - compliance. The Applicant shall have 45 days after the expiration of the 15 -day notice period to begin to cure the non - compliance, after which the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. 13. Modification. The provisions of this Development Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instrument executed by the then owners of the Property and the City. Any modifications to the Site Plan must comply with the regulations for amendment to PUD -M development contained in Chapter 20 of the City Land Development Code. 14. Enforcement. The City, its successor or assigns, and the Applicant, its successors and assigns, shall have the right to enforce the provisions of this MIAMI 819310.11 7326021531 7 Development Agreement. Enforcement shall be by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. Attorney's fees payable under this paragraph shall not exceed 25% of the judgment. 15. Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. The Applicant, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. 16. Authorization to Withhold Permits and Inspections. In the event the Applicant {s} is /are obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the Property until such time this Development Agreement is complied with. 17. Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. b. This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its terms. C. There are no actions, suits or proceedings pending or threatened against or affecting Applicant before any court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled or terminated, except pursuant to its express terms, and shall take all actions necessary to ensurc that this Agreement shall remain in full force and effect at all times. e. Applicant has the financial capacity to pay or advance in the City all fees and payments as required under this Agreement. MIAMI 819310.1 1 7326021531 8 18. Severability. If any provision of this Development Agreement or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 19. Joint Preparation. This Agreement has been drafted with the participation of the City and Applicant and their counsel, and shall be construed against the Applicant in issues of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items or terms are included without limitation as to any other items or terms which may fall within the listed category. 20. Binding Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. 21. Captions and Headings. 'Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 22. Applicable Laws Jurisdiction and Venue. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This Agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami - Dade County, Florida. 23. Notices. Any notices or reports required by this Agreement shall be sent to the following For the City: City Manager City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Copy to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 MIAMI 8 19310.1 l 7326021531 9 For the Applicant: Codina Development Corporation Attention: Kolleen Cobb, General Counsel 355 Alhambra Circle, Suite 900 Coral Gables, Fl. 33134 [Fairfield Entity] 2045 N. Highway 360 Grand Prairie, Texas 75050 Attention: Bay Miltenberger and Glenn D. Jones Facsimile: 817 -640 -9499 Copy to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Suite 2500 Miami, Fl. 33131 24. Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 26. Survival. Any covenant, term or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any such termination including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. 27. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire Allreeinent. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations, and warranties, express or implied, oral or written, of MIAMI 819310. l 1 7326021531 10 the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written have been made by any party to the other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, discussions, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter hereof, are waived, merged herein and superseded hereby. Each party affirmatively represents that no promises have been made to that party that are not contained in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 30. Recordation. Within 20 days after the Development Agreement has been signed by both the Applicant and the City, the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. 31. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 32. Effectiveness. This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. The approval of the applications for rezoning and site plan approval and of the application for approval of this Development Agreement, shall not become effective until the Park donation is established and agreed upon by the Applicant and the City in accordance with Paragraph #2d. If the Park donation is not established in accordance with Paragraph 42d, the applications for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant. IN WITNESS WHEREOF, these presents have been executed this day of .W06. MIAMI 819310.11 7326021531 11 IN WITNESS WHEREOF, the undersigned party has agreed to this Development Agreement dated as of the A day of Q jaer 2006. STATE OF FLORIDA } ) SS: COUNTY OF MIAMI -DADS ) Codina Fairfield I, LLC, a Florida limited liability company By: Codina Residential, Ltd., its Managing Member By: Codina Residential, c., its General Partner By: Name: o Title: U! -e-n The foregoing instrument was acknowledged before me this q day of 2006, by .rose Hevia, as Vice President of Codina Residential, Inc., as general partner of the Codina Residential, Ltd., as Managing Member of Codina Fairfield I, LLC, on behalf of said company. He/She i e or has produced a State of driver's license as identification. Sign Name: �' z Print Name: �Z My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank): [NOTARY SEAL] Ana C. Lopez Noy Commission DD199945 Eoms A0103. 2007 MIAMI S 19310.11 7326021531 12 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNO WALL MEN BY THESE PRESENTS that: The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms and provisions contained therein, . dated and attached hereto. DATED this day of — , 2006. CITY OF SOUTH A I r By: Yvonne S er- McKinley City Manager ATTEST: P . rya CITY CLERK Maria M. Menendez STATE OF- )SS COUNTY OF -dP) i T4e foregoing instrument was acknowledged before me this /3 day of , 2006. by of the City of South Miami and attested to by 111arig A City Clerk, of the City of South Miami who are (IS) personally known to me orb) produced a valid driver's license as identification. Notary Publiq: Sign Name: t ' Print Name: Maria M. Menendez My Commission Expires: Serial No. (None, if blank): OT RIAL SEAL ap` YPU�rf, MARIA M MENENDEZ MY COMMISS €0N #1 DD 271979 OF s ;�`�� EXPIRES: March 16, 2008 t -900, NOTARY FL Notary Discount Assae. Co. MIAMI 819310.11 7326021531 13 EXHIBIT "A" LEGAL DESCRIPTION MIAMI 819310.11 7326021531 14 EXHIBIT "A" LEGAL DESCRIPTION COMBINED LEGAL DESCRIPTION OF ENTIRE LAND: Parcel I: All of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet, and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East 75 feet of the West 175 feet of the South 125 feet of said Tract. Parcel 2: The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. Parcel 3: The North 132 feet of the SE %4 of the NE' /4 of the SE'/ of Section 25, Township 54 South, Range 40 East, Miami -Dade County, Florida, less the North 25 feet of the North 132 feet of the SE 1/4 of the NE %4 of the SE %4 of Section 25, Township 54 South, Range 40 East. Parcel 4: That part of the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the SE corner of said SE %4 of the NE %4 of the SE '/4; thence run West along the South line of said SE 1/ of the NE 1/4 of the SE 1/4 for a distance of 185 feet for a Point of Beginning; thence run North parallel to the East line of said SE 1/4 of the NE 1/4 of the SE 1/4 far a distance of 150 feet; thence ran West parallel to the South line of said SE %4 of the NE 1/4 of the SE '/4 far a distance of 100 feet; thence run parallel to the East line of said SE 1/4 of the NE '/ of the SE %4 for a distance of 150 feet to the South Iine of said SE 1/4 of the NE %4 of the SE '/4; thence run East along said South line of the SE %4 of the NE 1/4 of the SE 1/4 far a distance of 100 feet to the Point of Beginning, less the South 25 feet for public road purposes. Parcel 5: The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. {FT2121 94;35} Parcel 5: A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, more particularly described as follows: That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet; thence run West parallel to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BEGINNING, Less the South 25 feet for public road. {F'T212184;15) -2- EXHIBIT A Legal Description of Land Z a CL ac LIA a z LJ v rL I1 !1 It Q t Z L, j LLI •i ul iF' d a C.?QW to QQQ� lQLi LLi Q � C Lil < = I c) � �O LLl��,ltL LL LLS !J (n =: N ff7 w Li is � Z Q O U LLJ M L� t?} i s Li- ,� ^ to Q d iL_ -Woo Lct -J F 0 �- Vj W g V) LL Q QQ13 �� C) Q ^� QQ 4 �T i-tfT to Z'-17C O LL1 W fn w < ZLL) A- O M in LLI j O . La � � LL. 0 u � � r~ < F- O Lo N 0 is L�.l r 4 O Q r" � Q LL w Ll- {!) r iil LL- IaJ -J Q LLJ tk.` LLF UQ--� 1 p Q;-;r Q�cr=ZO in 11 o o teas Fes" Ln _ t� Z t 3 i to `1 isJZ p ! t � tr? [ O LL, .lu ii L L Fz_ � � t- � w Va C7 � � � � � � ''�- in _ Lx ,! � . 61) ��. .E LLS '� 4n a -1 LLJ I J L"j 2 f"" u3 Q C7 rte' w ©� 0 i ¢r Q w z� �Q0�C� _ Qua 30 a F- per, LOZ0�Z ► I _ < LV LL3 d V} z LLI W Lei V-- < tLr -JO Q F- w V 4 Z O— F LLI iv) LL !� a. x i=- �. � W La. �r o m 4 €xi z cr LL. F-- � � ici Q � a bi - o fl l-- 0 U- � � � z 0 U- M LL. Q c° 1�t! LL1 L�i1 ° 3 w w U Lea -� 0 p c) 0 v t-- F— O Vi z �a-on= ¢ dw ¢ = <F M <ZD OL-=ma < Z w n < 11. LL.1 X ai F- of a- F-- w LL' < Lx., 0 1-- F-^ i~-- s D z ,L z Lw C1 � Q 4Q Z C) LQi4 0 U F- � O LrJ � Lti � Fes- - C)4 i < Lei.. a) p IX Q QOM O Fes- in cl) uj (0 -j 4 L�l Q 00 W4 Lo SQL) LL_ Lz! ¢ F- ir zmo o� L!d � o C• V, H • �INICOIRPORA7ED ___9 927 1Z CITY OF SOUTH MIAMI PLANNING BOARD Special Meeting Action Summary Minutes Wednesday, January 5, 2005 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to. the FIag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll calla Board mem. ers presen Ms. Yates, Mr. Liddy, Mr. Comendeiro, and Mr. Illas. Board members absent: Mr. Mann City staff present: Don. O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Eve Boutsis (City Attorney), Brian Edney (Video Support), and Patricia E. Laudermau (Planning Board secretary). III. Administrative Matters Mr. O'Donniley unformed the Board that Ms. Annie Betancourt, a member of the school board was present. He explained that in accordance with an interlocal agreement relating to intergovernmental coordination as mandated by State Statutes, it is required that a non - voting member of the school board staff may participate in any meeting in which the school board may have an impact. Mr. O'Donniley also addressed the agenda for the January 11, 2005 regular meeting. He noted that the agenda will contain two proposed moratorium ordinances. In addition, he stated to the Board that in February the reorganization Planning Board Meeting January 5, 2005 Page 2 of 6 of the Land Development Code, will be coming back to the Board for further review. IV. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in, speakers PB -04 -022 ( deferred from November 30, 2004) Applicant: Codina Development Corp. Location : 6600 -6640 SW 57th Avenue and 5757 SW 68h Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROTECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILTTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Applicant present: Mr. Jerry Proctor, Esq (Applicant's representative) ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a Development greemen or a acre prop ire called "Red Road commons" will include residential buildings , parldn.g, office uses and retail uses. A total of 409 dwelling units and 12, 476 square feet of. commercial space will be constructed in one phase. Mr. O'Donniley stated that this is the third element of the applicant's approval process for a proposed mixed use planned unit development project. He provided a. review of the status of approval for the first and second element. The first element was the submittal of an application to amend the zoning map from TODD (MU -4) to PUD -M for the subject property. The application was recommended for approval with four conditions by the Planning Board after a public hearing on September 16, 2004. The City Commission conducted a public hearing on the amendment ordinance on October 19, 2004 and approved the ordinance with the recommended conditions on first reading. The application was subject to a second public hearing on November 16, 2004. At that time, action on the application was deferred to the Commission's January 12, 2005 meeting. The second element was the approval of a specific master site plan for the project. The application to approve the a master site plan for the subject property was recommended for approval with 15 conditions by the Planning Board after a public hearing at its October 12, 2004 meeting. The City Commission conducted a public hearing on the Planning Board Meeting January 5, 2005 Page 3 of 6 site plan on November 16, 2004. At that meeting, the application was also deferred to the Commission's January 12, 2005 meeting. The applicant indicated consent to entering into a Development Agreement with the City which would make legally enforceable all of the PUD conditions and requirements set forth by the City as part of its approval of the zone map change and the master site plan. Mr. O'Donniley provided a summary of the major provisions in the proposed development agreement. The major provisions are listed below. 9 The property will be developed in one phase and in accord with adopted master site plan adopted by and on file with the City (p.. 2- No. 1 d, e ); • In order to respond to the City's concurrency standard the developer is required to pay to the City an $838, 000 fee for park and recreation facility expansion (p. 2- No. 2d); ® The developer is required to construct a left tarn lane into the project from Red. Road, including median landscaping. (p.2-3, No.2e) The developer shall reserve 5% of the residential units for affordable housing group recitals (p.3 —No. 2f); All 15 of the conditions approved by the Planning Board as part of the master site plan review are contained in No. 5 (pp.3 -4); ® The developer sets forth a special donation to be used for public schools in the City of South Miami (p.4- No. 6) The Board decided to go page -by -page and discussed any issues they may have questions on. Page 2- Chairman Mr. Morton pointed out that in Item l(letter b) word "may" should be replaced with "shall. In Item 2(letter a); that reads "Water and Sewer services that comply with all requirements of Miami-Dade County for any building prior to issuance of a final certificate of Use and Occupancy," Mr. Morton requested to clarify this sentence further with staff. In section 2(letter d), sentence 1, which states "Based on the projected residential population on the Property, Applicant agrees to donate a total of $838,000 to the City, to be earmarked in a special fund for spending on capital improvements to park and recreation facilities the City." He inquired about bonding the amount of 838,000. Page 3- Mr. Liddy inquired about the calculation of affordable housing, in reference to Item 2(letter f) which relates to housing. Planning Board Meeting January 5, 2005 Page 4 of 6 Page 4- In Item 2 (letter e), which reads "Applicant shall provide locations on or adjacent to the site for services by the HurryCane shuttle," should be revised to reflect that the applicant shall provide stop locations and not interfere with traffic and coordinate with South Miami Trolley system as well. On the same page, letter f, the word "should" will be replaced by "shall." Furthermore, Board member, Mr. Illas requested to change in the sentence that the applicant must provide trees with a minimum of 6 inches in caliber, provide 25 trees and a few oaks trees. In letter g, Board members felt it was necessary to add the word "maintain" when referencing to the applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. In letter k, Mr. Morton requested that a definition of full yard dumpsters be provided in the sentence: Page 4- In item 6, titled Schools, Ms. Anne Betancourt addressed the phrase "regarding purchases" found in the secoiad sentence of Item. 6. She explained that the phrase is no longer applicable and that it should be omitted. The sentence should now read as the following: "Decisions shall be made jointly by the City and School Board, and fiords must be spent within two (2) years of the donation.. Mr. Morton opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Sharon McCain Opposed Ms. McCain expressed concerned for not having enough low income housing as well as stating that the density of the project is too high. osed Ms. Beckman inquired about the agreement - that was made between Mr. Abraham (owner of the property) and the developer who is buying the property. In addition, she indicated . that she felt this project would cause traffic problems and overcrowding of schools. Cathy McCann 5820 SW 87 St. Opposed Ms. McCann referred to the issue of trees that will be planted and she indicated she would like to see in the agreement clarification of the width, and canopy of the trees. Other concerns she expressed is the timing of when the traffic study was' conducted and the density of the project. Doris Hall Opposed Ms. Hall stated that Mr. Abraham who is the owner of the property did not receive his notice. She also expressed concern for the traffic problems. Planning Board Meeting January 5, 2005 Page 5 of 6 Mr. Morton closed the Public Hearing. Motion: Mr. Comedeiro made a motion to defer the development agreement. No one seconded the motion. The motion died due to lack of a second b y a Board member. Motion: Mr. Comendeiro motioned to deny the development agreement. Mr. Illas seconded the motion. Vote: Ayes 2 Nays 4 (Mr. Morton. Ms. Gibson, Ms. Yates, Mr. Liddy) The motion did not ass. Motion: Ms. Yates made a motion, seconded by Mr. Liddy, to recommend approval of the development agreement as amended, subject to the following modifications. 1) Page 2, Item 1(b) the word "may" will be replaced with the word "shall." 2) Page 2, Item I (d) needs to include the square footage of the commercial space. 3) Page 2, Item 2(d) in regards to the total amount of $838,000 this. amount,. which is donated by the applicant to the city can be in the form of a bond or a letter of credit or security. 4) Page 3, Item 2(f) Housing - five (5) percent up to ten (I0) percent, shall be made available to the affordable housing group; if the project is converted to condominiums the same percentage applies 5) Page 4, Item 5(e) the sentence should read as the following: "Applicant shall provide stop locations on'or adjacent to the site for service by the HurryCane shuttle and should not interfere with SW 57 Avenue traffic and attempt to coordinate with the South Miami Trolley system. 6) Page 4, Item 5(f) the word "should" will be replaced with the word "shall." The section that refers to the applicant providing trees on city property will now read: "the applicant must provide a row of 12' high trees or trees with heights agreed upon by the parties, and provide trees with a minimum of 6 inches in caliber as well as provide 25 trees of various types and a few oaks trees on City property located between the FPL facility and the South Miami, Community Center. 7) Page 4, Item 5(g) applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. 8) Page 4, Item 5(k) in regards to the full yard dumpsters the actual dimensions of the dumpsters must be provided. 9) Page 4, Item 5(l) sentence needs to be expanded in order to include all street improvements. Planning Board Meeting January 5, 2005 Page 6 of 6 10) Page 4, Item 6, the term. "regarding purchases" shall be deleted from the second sentence in the paragraph. Also; the addition of the term that the applicant agrees to donate $34, 800 to the school board and shall be contributed upon the issuance of the first certificate of occupancy (CO). The section should also allow the funds . to be escrowed and spent at an appropriate time. 11) Page 6, Item 16 needs to incorporate that if on the portion of the property that is failing to comply with this development agreement the City of South Miami is authorized to refuse certificate of occu anc CO and any inspections or grant any approvals, with regards to that portion of the property until such time this Development Agreement is complied with. Vote: Ayes 5 Nays 1 (Mr. Illas) V. Planning Board Work Program None VI. Approval of Minutes None VII. remarks VIII. Future Meetings Tuesday, January 11, 2005 IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 11:00 PM DOD /SAY /pel E -TBTB MinutesM05 Minutes\PB MJ'NS 1- 5- 05.doe NOV. =03' 04 (WED) 14-40 . B11,ZIN SUMBERG pleading, Motion, or other papar. including a resort- able anDMay's fae. (7) ltt any proceeding under s ubsection (.?)or sub- section (4), no settlement stmil ba onterad into by the X 163.322Q Short tftls, Iaglslativa Intent. (1) SacliorFs 163.3220- 1613243 may ba clted as She "Finrda !.peal C�overrrmsnt Asveiepment Agrse- 11 .. , 10cAl govamment unisss the tarrns of the sattlemerEt " Jre rinds and declares thgt; have been the subject of a ublic haarin after Hallos (2) Tha i.e9 as regtlirad b p g (a) The I&ok of certainty in the approval of deviDinp, Y this part. rnsnt can rasolr rn a wasts of econornir; and land (a) in any proceadlr:g undersubsacrlon (3) or sub-' resources, drgcolrrags anund capital Improvemant section (4), the- DspartMsnt of Le Val Affairs rite inter- id trrancin e fi Y � Planning and f >��, scalate the cost of housing vena to represent the fntemsis of he stata, and dsvelQptnant' and discourage commitment to porn - (5) 1�lsitlrer subaactian (3) rint swbsecflnn (4) prehensfva pWr'!ng' relfaves the local gavarnmant of ltit obligations to hold (b) Assurance to a devalop5r that upon receipt of Pubr1 harh ss lai�by ' his or her dsVeP gnt permit or browrifeld dasfgna- c~st- s� ier e s�rn � .aa aa h em aY roceed in accordance with ex s 163.3217 Muni-41341 overlay for municipal Incorp raticn.••- (1) PUAPOSZ --1n Order to asr;lst in the plannfn for fullers MWniclpal incorporation of a specific pe graphic area, a caunty Mal, adapt a mtinloipal overly as 4" arrtsrtdrnarlf to its comprehenelva plan. A rnuniol- pal oyaday will allow a county, in cooperation With the PUblic, to address the fulurs osalWa municipal incor- poration of a specific gaograp�jG,ararH and the Impact of municipal incorporation an the provirsipn of public sar- vices to servt the area. (2) PREPARATION, ADOFnOti, AND Aiv END - 1v12NT DF T1-fE fv1UNICIpAL { WERLAY. --- (a)1. This section applies only In thoSa jurisdic�- fions In wl oh the county has authorla:ad, by resolution pr local Drdinanca, the development of a municipal overlay pursuant to the provisforie of this section. A county govamIng body, OF a citizens' organization that Wrasenta .,�.., --. -.- -r w1laul „na praparalicn cif the mtanicilsal overlay. �-- --- Z it ahEal be the responsibility of the tounty to pre - para fha mttnfeigal nvgat, faran area Grr�dar'itsc� ;so tic= cFr hawsver, 0 the sponsor of the murllclpal ovaday is #herfharr lire catlnty, the Gaunty may by written agree= Mont authnriza the sponsor d prepare same or all of a prop(}sed municipal overlay. b(6)1. A murrfofpal ovsrlay,trafl Era ado tad m, an U .01. sub's r ng laws and grsan elnt, tram t ens the public f iarnnirt l °- opment agreefn 9 public P 9 process, ancdur &gas sound caplfat lmprovarnant plan- 9 ning and ffnatrul!g' pssfsts in assuring there are ode- quate capftai fDpllftlab for the development, ancouragas �' .private partfcil�atlnrPio costms Of devalopmeriLning, and rFSducas the ecoFi . (3) 1n conformity with, In furtherance of, and to implement the local Qoverrrment Comprehensive Planning and Land Development Regulation Act and the Fiorida State Camprehansivs Planning Act of 1972, ft is tiSe intent o{ihe f.egtsiature #o encourage a stranger commitment to comprehensive anti capital facffitiss planning, ensura The provision of adequate public facili- das for dsv9iopmant, encourage fhe eftialarlt Use of resources, and radUCe the aconornic cost of develop - manL (4) -[-his intarrt is effor -fad by atltheri74rtg local gov- arnments to enter Into devalopm mt agreements With rnants of ss. 163.3?2aY 33.32Qy3. -( S,aalIaa�163.3230 -f 63.3243 shall be r�nardsrf. . as supplamenfai arid ad�ittona tothe3 powers con. ferred upon local governments by other laws and shall not be regarded ps °n ""rogation of any powers now exis#ip . t!I°tary� s. rs. � 89•ts ►: s sn�, r+ri esaa�; a. a, �6. ss -a7a endmertt to ihs 10c41 government camp ahensive 1,3.3227 Florida Local Govcrnmant DOV131opmegt plait as. prescribed 6y s. 1,3.3784. 2 A cotmt m consider AgrserrtsntAe. d afinftlons. As used In es. 1l #3,322d- the adaptlon of a mvnfaf- Psi cvarla wlyiho pal 183,31E7(J) o y ut regard to the provisions of s. 163.3243: desfgnstiart° means a resofutian (1) : B ownFeld amandrnent to the tto a! cc f frequency of adalrtfort of {3) en pram. ar�nptad by a local o ment Am$ss. 376 77- 376.6Sha igrownfialds Red means CONTE 7S DFA UprsG L munIctpal overlay must Contain f IPAL [3Y�RLAY.A (a) >3il n. �t5ivs fan" a la pur -Suant to the - 14ccal Plano Crornprshgnsf vs rY Opt for the craetkin of the new rttunictAfe PNnnfhg and [ and Development Regulation Act.° 0) A feaslbl"ly sfudy as cutilned fri chapter 168. map of existing a)b qov. ej ttriantal 'Developer" means an a includlrig a gent undeitalartg any development. maarrs'the aT t Andproposed land uses in the y type and density POPUlation prtojectfons for the (4) "lasvalopmer?t . carrying out of any building activity of mining oparallcn, the m€rldng of any material Use appearanna of area, e pats and anafysis relating to the r❑vlsion of gc faculties. for change i nt e of threa or more turn or [and, nr #h -lhe are - - -._— _ -P____ __...... -. - _ . • _ -- . _ . — (4) - -- parcels.... II)11*G OF activtliss or uses shaft be taken MUNICIPAL (e) $ A f devsfoPment overOVERLAY.— "rtem+elo mi of the xi- f e atwe. p th for bs Y the cnr�rrty antes, there is wrffien a ra$mant the rp dtFS act to involve ,roertt� pu asr�ts of P 1- h raccnstruction, alteratien of the size, or mats. INQI ,'n the c o� % and sntrlher entify to f ctnd ft. rta[ change in the sgt'amal appaararice of a structorp on land. 1431 P. 0021005 f: l .s �J WJF P A change in the intensity Di use of land, such as an Increase In the number of'dwalling units in a sinio- Jura or on land or a maiorial increase in the nurnbar of husfnBssett, manufacturing astablishmants, officas, or dwelling uriits in it structure or on land. 3. Altc -mlinn of a MOM or bank of a seacoast, river, stream, lake, pond, or canal, including any "roastal canstrucl'toW, as defined in s. 161.031. 4. Cornmencemeni of drilling, except to obtain s ❑fl samples, mining, or excavation ari a paroel Df land. s. DarnDlll €can of is structurs. 6. Clearing of land as an adjunct of cnnstrualiors. 7, l)taposlf of refuse, solid or liquid waste, or fill on a parcel of land. (bj the fallowing operations or uses shall not be taken for trice purpose of this act to involve "develop - ment "', 1. Work by a highway or road agency or railroad coin arty fnrthe maint$nancs or improvement of it road or mirosd track, if the work is carried out on lend within the bound {alas of the right-ol -way. 2. Work by any utility and other parsons angB3ed in the distributfon or transmission of gas or water, for the purpose of inspecting, mpaidng, renewing, or con- structing on astablisSed rights -of -way arty sewers, rosins, pietas, cablas, utility tulinels, power lines, tow - are, poles, tracks, or the like. 3. Work for the MainteananI renewal, improve_ onlythe intariororthe colorofthe structure orthe3 decb- rati ❑n of the exterior of the structure. Tf'ie rase af-any s�ruo�i'e oi:- fa`ni� -davial:ad' tc - . dwelling its as-tor any purpose customarily incidental to anjoymant of the dwelfrng. .5. 7b& use of any land for the purpose of growing plants, naps, trees, and other agricultural or forestry products; raising Crvostock; orfor other agriculfurai pur- poses_ ' B. A change in use of land or structure from a use within a class specified in an ordinance or rule to ' another us$ in the sarne class. 7. A ehanga in the ownership. or form of ownersh)p of any panal or structure. 8. The creation or termination of rights of access, riparian rights, azsamants, covenants cancasning davelopmoni of laiid, or other rights iii land. i (c) DavelopmanL' as designated in en ordinance, rule, or development permit Includes 0 other dovslop- E inapt custorr,arny associated with ][.unless othorwise ,j specified, When appropriate to the context, "d+avalop- [rent' re3feie to the act of developing or to the result of i development. Reference to any SpOo flc operafion is ;..__ _ oaf ml- eri�t3d "tc l�+aat"] "tlia�tt,e oparatio� "fir $oti�ity;:.. when part of other operations or activifies, is not devel- !� eprne tit. Fafnronoa to partioular operations is not intended tc limit the generality of this subsection. (5) Tavalopment permit° includes any building psrmff, zoning permit, subdivision approval, rezoning, certification, sp$Clal exception, variance, or any other oiffcial aDti�9n of local government having the effect of psrMitiing the development ❑f laid. (6) "Governing body" roams the board Of county cornmissloe-isrs of a county, the commission or council it i 1432 Of an Incorporated munlzlpatity,� or any o0ar chief gov- arning body of a unit of local government, howavar dos. ignaled. (7) "Land" means the earth, watar, and air, above, l3s €ow, or on the surface,- and. includes any improve. manta or structures customarily regarded as land. '(0) "land devalopmeeni regulations° means ordi- nances enacted by governing. badles torthe regulation of any aspect of developmont and inaludas any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regula- tions controlling the development of land. (g) "Laves" moans all ordinances, rasalutions, rogez- lat €ens, comprehensive plans, land development raga- iailbns, and rules adapted by a local government affect- ing the development of land. (10) "Local government" means any county or municipality or any special district or local governmen- tal anilty established pursuant to law which exercises regulatory authority over, and grants development per mlts far, land development. (11) "Local planning agency" means- the agency designated to prepare a comprehanshia plan:or plan arneandrnattl pursuant to the "Florida Local - civernment Comprehensive Planning and Land l�o4bprnant Asg- ulation Art" (12) Tbrson" rnaanz any iridividua€,.6prpbration, business or land trust, restate, trust, parrnarshlp, asso- biati o e persons havin a 'Dint or e:Dmmon interest, state agency, or any legal amity. . -( ��}_ �. ubllc. �aeffittes"- snai�s�rrajer_capitRt_imprr�ve- ments, including, but not IiMfiBd to, transportation, sani- tary sewer, solid waste, drainega, potable water, adu- cational, parks and recreational, and health systems and facilities. (14) 'State land planning agency" means the ❑apartment of Communily Affairs. JJII rs. 2D, rh H -,»3: w d, fit,. 9 0 W,, r. E, Intl. ��•s ?d. . 163,3223 .Applicabillty. —Any local govertment may, by ordnance, establish procedgres and rsqulre- merlts, as provided in ss. 163.3220- 163,S242, to cDrt- sider and anter Into a deavalopm antagreement with any person having !a legal er grfultabis interest in real prop• arty Iooated within its jurisdiction, sa.3225 Public hearin s- e era aniar rig n #o, amending, or revoking a development agrsiamona a local government shall cen- duct at leant Iwo public hearings. At the option of the goveming body, ona of the publiD hearings may be held by-tha-local-planning-agBricy:_ .... (2)(a) Notice of intent to consider a development agreemant shall i a advorlise d approximately 7 .days before each public hearing in a npwspapar of�gaileril cfraulArlcn and readership in the county where the Ibcai govarnmani is lticated. Notice of infant to consider a davelupmant agresmeni shall also be mailed.to all R property owners before the first public hearing - The day, time, and place at which the second public hsarfng will i3e held shall be announced at the first Pub c hearing. i i NOV, -03' 04 (WED) 14:41 BILZIN SUMBERG ' F,6.200 INTERGOVERNMENTAL PROGRAMS Ch. 163 (b) The 11Ace shall specify the locafion of the land consistent "with the !coal gavernrneni`s comprshanaivs subject to the- development agreemant, fha davolop- plan and land development regulations. Mont uses proposed on the proparty, the proposed H,stW —L 25, tit A6181. populgtton densities, and the prepoaed building imansi- ties and height and shalt specify a place where a cop Of the proposed agreement can be obtained - 1414tary. --s. ee, rh. a& [al. 163.3227 Requir>amsnt$ of a dovafopmont agree - mant -- (1) A development agreement shell include the fal- lowing; (a) A legal description of the !rand subject to the agraernant, and the names of its Jagal end zrlOtsbid owners; (b) The duration of the agreame•nt, (c) The development uses permitted on the land, including population densities, and building intensities and height; (d) A descripfioit of public faci[lifss that will service the development, lnaluding who shall provide such Inffitfes; the date any now faciGtjes, it needed, will ba constructed; and a schedule to assure public fecllilies aria available Goncurrant with the Imnacts of the deval- opmant; - (a) A dazcrlp�kn nt s ny n:ssrvaflorr ❑r dedication of land for public purposes; (f) A description of all local, davolopmant permits approved or treaded to be approved for the develop - mant of the land; _ (g) A finding that the.devsloprnent permltiad or pra- posed is consistent with the local gav;arnment's com- prehensive plan and land development regulations: (h) A description of any _conaidons, terms, restric- tiens, or other ragvirements determined to be neces- ssry ray the local government for the pulp 1C ea safety, or welfare of its citizens; and -(i)— — statement •�irt�catingAhat-fl1a• fallure�- -d-the agreement to address a particular permit, condition, terra, or restricfion shalt not relieve *e developer of the necessity of complying with the law goveming said per - mitting requirements, conditions, ;end, or restriction. (2) A development agreement may provide that tha entire development or any phase thereof be com- rnenced or completed within a spaafflo period of lime. 111orary. —a 29. eh -1 @r, Y al. ct)-B} -q�. 163.3229 puratlon of a davat❑ftmant agrsarnent And relationship to local comprobeinely i plan. The duration of a deveoopmem agreement shall not exceed 10 years. It may be extended by mutual consent of the governing body and the developer, vubject to a public hearing in accordance with a, 163.$228. No devalop- mant agtsament shall kB effective or be Implemented by a focal govamrnant unless the Ic +cal g❑varnmsnt's comprehsnslve plan and plan amendments implatn8nt- ln9 or related to the agreement are found in complianca by the state land planning agency in accordance with s: 183 3 84� s.19U.1 t7, of a, 1- 63.31 ,419. - -- - -. . CON 8$121.3. A db 81.44r m 11, dr. »-12% 163.323; Consfstancy with tha comprehensive P�Tt and land development regulaiians.� --�A davalop- M2111 agrasmant and authorized davelopment shall ba . y 163.3233 Local laws and poftles govarning a development agreamr3nt.= (1) The local government's laws and policies gcv- orning the development of the land at the time of th13 exacit nn of the development agreement shall govern the development of the land for the duration of the development agrsamerit. (2) A [oval government may apply s;ubeequsntly adopts d laws and policies to a development that is sub- ject to a development agreement only If the local gov- emmont has hald a public hearing and determined: - (a) They are not in conflict with the laws and poll cias governlrlg the development agraement and do not prevent development of the land uses, intensities, or densities in the development agreement; (b) They are assrntfal to the public health, safety, or weffare, and expressly stets that they shall apply to a dsvelopmant that is subject to a dsveloprnent agree. mant; (n) They are specifically anticipated and provided tar in the devalepMant agreement (d) Tha local government demonstrates that sub - slantfal changes have occurrad !n pertinent conditions existing at the time of approval of the davalopment agrearnent; or (e) The development agra'amant is based on sub- stantially inaccurate information supplied by the devel- lapar. (3) Plia section does not abrogate ally rights that may vast pursuant to common law. i�s,3�35 P ®rlodic raulaw eta davelo�m ®rtt air reg- t aT� = R "l�cel "gov riitne ii's1 all revidW iFtrid subjactfo a development agreement at least once Avery 12 monthe.to determine if there has been demonstrated goad faith compliancs with the terms of the davelop- ment agreement. i=of each annual review conducted during years 6 through 10 of a developrnertt agree - ment, the review shall ba incorporated into a written report which shall be submitted to the parties io the agrserneni and the state land planning agency. The stata land planning agency shall adapt rules ragarding the contents of the raped, provided that the report shall br limited to the information sulficiant to determine ihn extant to which the parties are proceeding in good faith to comply with the towns of the development agrea- mant. If the local govarnmant finds, on the basis of sub - slanti$I tompalsnt ovidenca, [hat there has been g fail- ure to comply with the terms of the developmena agree mant, the agmamont may b© revoked or mDd'lfled by the local government. _' 11.3237 -- Amendmaeri pr cancellatican of a dsvej:• cpment agreamlent,• --A davolopmant agreement may W; arnandad or cance Ind by mfitur+l consent of the par- ties to the agreement or by their successors in Interest Hre,ary: —e..e, ch so -ts1. I — ,1! P. 0041005 1 , 1.4 �' 1N0V. -03' OWED) 14 :41 BILZIN SUMBERG f, i i s� t f •. tjltrl; lir;!l� rl, ty 'F i Ch. 163 �..�- 11JTEla ovl N t =NTA1_ PRCQF Albs_ .s 163.9239 N'tording and effactivaness of a day opMent agreement. —Vt AhIn 14 days after a local go arnment anrarn inlo a daysloprnani agreemenl, local flovernment shall retard the apraameni with t clerk Of lhfl Circuit court in the county wharf; the foe gcvemmenl is l6tated. A copy of the moorded develop merit agraernont shall be submitted to the state tan planning agartayr within 14 days after the apreamesni i reeordpd. A tlevelDinment agreantant shall not be effac live until it is proporly recorded in the public: rpeords o the ccuntyand iinfil 30 days after having barn receive fry the state land planning Agonoy pursuant to this sec- tion. 'The burdens of the development agreement shoi bs binding upon, and the honefifs of the agreement shall inure to, al, su=essors in interest lo the partfss to the agreement. Hiaigtr/ -r,. 2% � Fb.}¢1; s. 33. sit. D2-128 163.3241 Mr-difizatlan or revocation of a develop. Mont a{freamerrt to anmply with suhstquantly anacted state and faders[ law. —if state or federal laws are $naetald after the execution of a development agree - rnent which are applicable to and pracluda the parties' compliance wit. the terms of a development agfee- mont, such agraamant shall be modi€ledor ravnkad as is necessary to oomply with the relevant state or federal laws. WilarF --C 30, ah M -901. 9� 3243 l"nivrnamant, —Any pa*, any aggrieved or adversely liffertsd person as dofined in s. 163.3216(2), ortha state land planning agency mayflis an action for injunctive relief in the circuit court where the local government is i6r:41ad to anferce the larms of of the a &semen[ with the provisions of ss. 1 1M:324;9_ Hlajery. --us al. m of =let. 7tz3.3246 Optlatasl sector plang.- (1). In racngnlifon f the banfsflts ❑f conceptual loo range planning fur the buildout of an area, and dalaile planning for specific areas, as a demonstration.projac tae requirements of S. 3BO.os may be addressed a identified by this section for up io five local govern- ments or combinations of local govemments Which adopt into tha Gomprehansive plan an optional sector pplait in accordanoa with this section. This section is fnttanded to fudht r the- Infant of a. 1 63-3177(11), which supports innovaple and flaxible planning and develop- ment strafegfes, and the purposes of this part, and part I of chapter Sari, and to avold duplication of s#f ❑r} in terms of the level of data and analysis rsquirad for a development of ;sgionaf impact, while ensuring the adequate mitigatlon of impacts to applicable regional resources and fzlcffities, including those within the juris- diction of other local gavarnMants, as would othanviss be provided ©plional RpQtnr plans. are. - intended for - substantfal-gH❑graphlc areas includirip at least 5, ODD acres of one or more local governmantaf lurisdlo2lons and are to emphasize urban form and protectEon of regionally significant resources anti facilities. Thu state tend planning agency may approve optlonaf sacfor plans of less than 5,DDO acres based ors local circum- P. 005!005 al- stances ii it is datemifried that the plan would ILdhar v- lhs purposes of this part and part 1 of chapter 3gD tha Preparation nl on optional sector plan is authorizatr by he ografsmsnt betwasn Vie state land planning agent al and the applicable local gavernmBnts under s - 1 63.3.171(4). An optional sector pin may be adopted d through one or more comprehensive plar, amengmania s under s. 163.3164. However, an optional sector plat, may nol be authorized in an area of crifical staia coh- f earn, d (2) Tha state land planning agency may enter into an agreement to authoriza preparation of art optional 1 sector plan upon the request of one or More local g❑v- rammants based on consideration of problems and opportunillos presented by exfsling devefopmehf - trends; the effectiveness of current oomprehansfve plan provisions; ft poteriilal to further the state com- prahanalve plan, applicabls strategic regional policy plans, this part, and part 1 of ohapiar 380; and those fac- tors identified by s. 763,3177(10)(j), The applicable regional planning council shall conduct a scopfng meet - Ing with affected local gcvsMments and those assn. alas ldenfff'Ied in s. I63.3184f4) before execution of the agrasmant authorized by this sacgun. The purpass of this meeting is to assist the state land planning agenny and the local govemment in the idenfificatian of the ral- av&nt planning issues to be addressed and tha data and resources available to assist in the praparation of subssquant plan amendmants. The regional planning council shall make written ra❑onamandaticns to the state land planning agency and aflacted local govern - ments, including whether a sustainable sector plan would be approprfata. The agreement must deffha the i_ pptanning issues that will be'emphasized, rsqut amants i ❑r_-.in14rg ❑ua-rrirnanfaI. cf4❑rdfnatitan • #e- -� drlress exlrolurladictf ❑nal impacts, su porting application rmetenals including data and anaDEIS, nand procetjuras far public parlicipation. An agreement may address 9 previously adopted sector {clans that are consistent d with ties standards in this section. Before exacutfng an t, agreement under this subsection, the local government s shall hold a duly noticed public Workshop to review acid explain tta the public the optional sector planning proc- ess and the terms and conditions of the proposad a9rBernam Tha 10Ga1 government shall hold a duly n❑f!cad public hearing to exscute'ths ngreemant. All meplings between the departmonf and the local gov- ernment must be open to the public. f3) Optional sactorplanning ancompassas twD 1av- 015 adoption under s. 163.3164 of a conceptual long - aerria build ❑ul overlay to the comprahensive plan, hav- ing red immediate affect nn the lssuance of develop- M8111 orders or the applicability of B. 3HOn6, and adop- tion under s. 153.31B4 of detailed specific area plans that ire srnant the conceptual long -term buildmut over- lay and authorize issuance of devslcpmeril-orders, and - - within which s. 360.68 is waived. tlntif such lime as a detailed specific area plan is adopted, the underlying future land use designaff❑ns apply. fa) In addition to the other requirorraants of this rhnpter, a conceptual long -term buildout overlay rnust include: 1434 U tf fr e MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Warm, 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 SUPERVISOR, Legal Notices of the Miami Dally Business Review f/Va 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 mmf PUBLIC HEARINGS 3/28/2005 in the XXXX Court, was published in said newspaper in the issues of 08/18/2005 crry :Pug N(3TfCE Is'tfEA0Y given that the City Miami ; FloWa'iwil€ hold .a, Special C. Mondayj:-M.arch- 28,:'2005' beginning hearings to considerfeg €slat'ron.on-the €t 'proposed Planned -Unit- bevelopmenl :Common's °- located'at 6800 -- -6640 SVY Street. Thii. f €c'hearings'. =will be Chambers; Scuth Mjamf Gftoiall 61 0',, ZONE she has neither paid nor promised any person, firm or corporation OPMENT -MIXED US' t.PRI any discount, rebate, commission or refund for the purpose • COMMONS LOCATED AT of securing t ' advertise for publication in the said 5757 SW 68 STREET-THE newspape BUILDINGS OF.UP.To -Fly THE FOLLOWING "lJ$ES RESIDENTIAL UNITS,;RET'. PARKING' GA PAGE;, �PFt( FROVIpuid FOR ;ORDIfJ t?RQ]IfaING AN EFFECTIVE Swom to and subscribed before me this - 18 da of MARCH A.D. 2005 " `A REsttlLb-h H i4 Y A RESOCUTIOIf,6F= THE"111t OF THE CITY OF SOUTH Ai ,AMASTER SITE PLAN AND L f,. ,� ,/ / /lwwr�2�� GERTAIfV •RROPER`E'Y tN ;DEVFLOP€VIth'r MtXEpK li; Cheryl H Mamrer y SPECfFfC,4LLY LOCATEA`:. • My Comrmssion DD338M OF APPROVAL RELATED - O.V. FERBEYRE personal(t ms ° +resJuly 7B, 2008 AND URBAN bEsiGi I ISSU APPROPRIATE PUS,Ltc. -`IN 86APIN6, AND PROVIDING: OONSTRL . °OF'�PuiiPLl Af lant further says that the said Miami Daily Business USES.ANI Review Is a newspaper published at Miami in said Miami -Dada T10NS OF OF. CON{ County, Florida and that the said newspaper has PROVIDIN heretofore been continuously published in said Miami -Dade County, PROVIDIN Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post AN ORDW office in Miami in said Miami -Dade County, Florida, for a OF THE .0 period of one year next preceding the first publication of the DEVELOPP attached copy of advertisement; and afant further says that he or STATE-ST, ZONE she has neither paid nor promised any person, firm or corporation OPMENT -MIXED US' t.PRI any discount, rebate, commission or refund for the purpose • COMMONS LOCATED AT of securing t ' advertise for publication in the said 5757 SW 68 STREET-THE newspape BUILDINGS OF.UP.To -Fly THE FOLLOWING "lJ$ES RESIDENTIAL UNITS,;RET'. PARKING' GA PAGE;, �PFt( FROVIpuid FOR ;ORDIfJ t?RQ]IfaING AN EFFECTIVE Swom to and subscribed before me this - 18 da of MARCH A.D. 2005 " `A REsttlLb-h H i4 Y A RESOCUTIOIf,6F= THE"111t OF THE CITY OF SOUTH Ai ,AMASTER SITE PLAN AND L f,. ,� ,/ / /lwwr�2�� GERTAIfV •RROPER`E'Y tN ;DEVFLOP€VIth'r MtXEpK li; Cheryl H Mamrer y SPECfFfC,4LLY LOCATEA`:. • My Comrmssion DD338M OF APPROVAL RELATED - O.V. FERBEYRE personal(t ms ° +resJuly 7B, 2008 AND URBAN bEsiGi I ISSU APPROPRIATE PUS,Ltc. -`IN 86APIN6, AND PROVIDING: aKW an W_Kw zFG'J�mrt - -9s - H- m�Qa =_ °m tl ^¢Y�e.•4 $ .c to c «. HX.7tlU Whit SFtWC "s WWaS�Q E$aem4 �i- °n¢ d Cw �'u :.p4t•:q -x a6 �__ -2 U dzz a x' �� 2 9 ° -8ao 4 4' dWOO WE'�QinN yAom1 -QNFO�Y ; � E yUSy(J.jJFF4J rqs !-LR�a , d; : _ m - 2�a ••E cLE 'frdY[axuNiWG�3snu 3rd. OZ ^.f�,f',4 - sin '� � Ucmsm #- - �2NoLLQy�jlpj,W @4 '_2Fat^aiS Cu..m *12,Qww93a U@ _. W0.,. E5 - Q ..�:..� manm�Emy- .Q0.YOrWVOWeIId Om25aT. 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O K6Ctt2 • �UDI�L2a U ". ❑ W p 0'/ � i 2Kpi'6 �Q 9:.'1 64 J�t•n. c1_:� FRIENDS AND NEIGH DORS t at 1.1:30 a.m. Satur- rial Fund, part of the founda- JW Marriot Hotel, tion, provides needed funding :11 Ave. for Miami's youth programs, Pascual Martinez including those at the Y. en Carolina Luria The YMCA is one of six tg the event which organizations to receive ftmd- a a "Cosmic Craze" ing for 2005. The Y will use larticipants will the grant to provide sports 111dren from new- scholarships :for more than [-years old wearing 150 youngsters between the rm retailers includ- ages of 4 and I7 from low -in- and Jack, Bognar come communities. ini Boy -Meets Girl, The grant targets Y recre -- Petit Choux,. Oilily ational programs including Pan. There is a $50 flag football, soccer, basket - )n fee per child ball, karate and cheerleading rickets range from i0 and tables of 10 tier For more infor- for tickets, call z, 786- 268 -1822. 1H1 MEETING acmi chapter. of will have its meet- at 8 p.m. April 11 lewinds clubhouse, t 112th Place and Udall Drive. speaker Barbara 's subject will be eft. re information, call leiss, 305 -274 -0197. ,N 'TREATS erman American b of Greater Miami is annual luau from iidnight•April 16 at ,use, 11919 SW 56th lian chicken and all the trimmings rffered and The will play for danc- e is $10 and dinner onal $10. For more % call 305 -553 -8587 i123. SHIP GIFT 4CA of Greater been awarded r Youth Sports is from the Kiwa- f Miami's 'Youth . The Zee Memo- in the communities of West Dade,.MaIeah, Medley, Miami Springs, Hialeah Gardens, Virginia Gardens, Carol -City and Miami. Lakes. Other grant recipients are the Children's Resource Fund ($8,500) to provide 45 special needs children ages 3 -5 with Music /Dance - movement classes and Karate; Perrin Baseball and Softball Associa- tion ($7,500) toward capital improvements at Franjo Park; Glades. Baseball and Softball League, Inc.. ($7,090) for field and facility upgrades and to purchase uniform shirts and caps for over 300 youths; Shake -a- Leg ($5,500) to fund water sports programming and supplies for individuals with disabilities and for at- risk youth; and the Boys and Girls:Club ($5,500) to provide more'than 500 boys and girls with uniforms, equipment and supplies at the Kendall Boys and Girls Club. For more information ' ca11 toll free , 1- 877 -WOW -YMCA. (1- 877.969- 9622). If you have news for this column, please send it to Bea Moss, Friends and Neighbors, Neighbors, 7300 N. Kendall Dr., Suite 200, Miami, FL 33156 or fax to 305 - 671 -4350 Pictures cannot be returned. if you have questions, call Bea Moss at 305 - 671 -4341 and leave a mes- sage. Her e-mail address is Beaone@aoI.com, Kind of r for. entertainment. f. - W. 501129r'ihll 1117116 HIraltl RUN. 0811 1.81a111- 941- ®114A. l i e.. :' P'3 , 5 } k t i Y s Torn between a Caribbean cruise and r-1ver rafting? Find 7'raevell Solutions in suncloys Redid. LOU. COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Saturday, April 9, 2005, beginning at 9:30 a.m., in the City Commission Chambers, 6130 Sunset Drive, the, City Commission will hold at its special meeting Public llearl"ings to consider the following items: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE - ZONING USE DISTRICT 'FROM "TODD(MU -4) ", .TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M "- PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY. LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET, THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A G MIXED USE PROJECT CONSISTING OF MULTI- FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY. -AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED i. ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT- WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE. AN ORDINANCE CREATING SEC. 2 -26,11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY, COMMITTEE." AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WIT€i BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT. AN ORDINANCE PROVIDING FOR SONG -TERM MANAGEMENT AGREEMENT WITH MONTANA/, MCLEAN TENNIS, INC. FOR TENNIS SERVICES AT DANTE FASCELL PARK. AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS, APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR STORIES AND ANY AND ALL RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER ZONING CHANGES. AN ORDINANCE ESTABLISHING A NINE -MONTH 'TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 56 FEET, AND TWO STORIES AND 30 FEET WITHIN A DISTANCE OF 100 FEET OF A SINGLE- FAMILY RESIDENTIAL ZONED PROPERTY LINE. A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR - CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT -6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND 'URBAN DESIGN ISSUES, AND .CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. SPECIAL NOTE: Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the Information set forth above the proposed project will be built on a seven acre tract of land and will have a dwelling unit density of 58.3 units per acre and a floor- area -ratio (FAR) of 1.54. The estimated population density of the project is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address shown above. I I A RESOLUTION.RELATING TO A'REOUEST FOR A VARIANCE FROM SECTION 20- 3.5(E).OF THE LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BQILT IN THE FRONT SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED; ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT $890 SW 84 Street; SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW ESTATES. A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE. Inquiries concerning the above two items should be directed to the City Cleric's office at 305 - 663 -6340. ALL interested parties are invited to attend and Will be heard Marla M. Menendez City Clerk Pursuant to Florida Statutes 288,0105, the City hereby advises the public that if a person decides to appeal any decision made by thip Board, Agency er Comrn sslen 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 testimonyand evidence updn which the appeal Is to be based. 9', 2L's v.l4 aL _ sy G �9 rr'S'ii'i^ i we t .. s - .sy �. a s. c . ti'g 9ba.. r a ti i • ,'Y - 3 tri3.�c 4 .. . s . 139 a Q N CL CL a .z cl a Cf. x ur x r 3 3 3