Res. No. 028-00-10921RESOLUTION NO.28-00-10921
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
THE SHOPS AT SUNSET PLACE;APPROVING AN
EMERGENCY ACCESS EASEMENT AND A DECLARATION
OF RESTRICTIVE COVENANTS;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,theMayorandCityCommission of theCity of SouthMiami
approvedResolutionNo.70-95-9619which,pursuanttoSpecificCondition20,
requiresthe developer torecordadeclaration of restrictive covenant providing for
the perpetualmaintenance of particular project improvements and,pursuant to
Specific Condition 21,requires the developer to grant an access easement for
emergency vehicles and personnel;and,
WHEREAS,BakeryAssociates,Ltd.,thedeveloper,hasexecutedthe
Declaration of Restrictive Covenants andthe Emergency Access Easement,which
areannexedtothis resolution asApp.1andApp.2;and,
WHEREAS,theMayorandCityCommissiondesiretoapprovethe
declaration andto accept theeasement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.TheDeclaration of RestrictiveCovenantsisapprovedandthe
CityAttorneyisauthorizedtoexecutetheJoindertothe covenants.
Section2.The Emergency AccessEasementisacceptedandtheCity
Managerisauthorizedtoexecutethedocument.
Additionsshownby underlining and deletions shownby ovorstrilcing.
Section3.Ceitified copiesofthedeclaration,easementandthis
resolution shallbe delivered to Bakery Associates,Ltd.,for recording inthe public
records of Miami-Dade County,Florida.
Section 4.This resolution shalltake effect immediately upon approval.
PASSED AND ADOPTED this if day of February,2000.
ATTEST:,APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
7 -g GkzMg^
CITY ATTORNEY
Page2 of2
•zZJ^<C4<C4S
MAYOR
Commission Vote:
Mayor Robaina:
ViceMayorRussell:^
vea
Commissioner Feliu:
Commissioner Bethel:
Commissioner Bass:Yea
5-0
Yea
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CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission /">DATE:1/25/00S}DATE:1/25/00 *
J C*t*AGENDA ITEM #"
FROM:Charles 0.Scurr /JfaJCfi*Comm.Mtg.2/1/00CityManagerl//*^Shops At Sunset Place
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE SHOPS AT
SUNSET PLACE;APPROVING AN EMERGENCY ACCESS
EASEMENT AND A DECLARATION OF RESTRICTION COVENANTS;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Mayor and City Commission by Resolution No.70-95-9619,pursuant to
Special ConditionNo.20,required the developer to record a declaration of
restrictive covenant providing for the perpetual maintenance of particular
project improvements and,pursuant to Specific ConditionNo.21,required the
developer to grant an access easement for emergency vehicles and personnel.
RESOLUTION NO.70-95-9619
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,APPROVING THE SECOND
APPLICATION FOR SPECIAL EXCEPTION BY SUNSET RED,LTD.FOR
A MODIFIED PLAN OF DEVELOPMENT FOR THE BAKERY CENTRE,
CONTAINING FINDINGS OF FACT,CONCLUSIONS OF LAW AND AN
ORDER;PROVIDING AN EFFECTIVE DATE.
WHEREAS,the applicant,Sunset Red,Ltd.,submitted an
Application for a Special Exception,dated November 15,1994 (first
application),for a project known as the Bakery Centre
Redevelopment;and,
WHEREAS,the City Commission,in accordance with the
applicable requirements oflaw,approved the first application by
Resolution No.134-94-9536,dated December 6,1994;and,
WHEREAS,the applicant proposes a material change tothe
previously approved plan of development andthe applicant submitted
another Application fora Special Exception,dated April 14,1995
(second application);and,
WHEREAS,the applicant seeksa special exception from the
requirementsofthe Hometown District Overlay Ordinance,foundin
Ordinance No.19-93-1545;and,
WHEREAS,the City Commission is authorized by Ordinance No.
19-94-1569togranta special exception upon a demonstration by the
applicant ofsatisfactionofthe criteria foundinSection20-7.51
ofthe City of South Miami Land Development Code;and,
WHEREAS,the City Commission is.authorized to prescribe
reasonable conditions,restrictions and limitations it deems
necessary or desirable inorderto preserve and promote the intent
of the Hometown District Overlay Ordinance;and,
WHEREAS,the City of South Miami Planning Board,after
appropriatelegalnotice,conductedapublichearingonApril25,
1995,and recommended approval(5to 0)ofthesecond Application
for Special Exception;and,
WHEREAS,on May 2,1995,the City Commission,after complying
withallpertinentnoticerequirementsoftheFloridaStatutesand
the City of South Miami Land Development Code and Code of
Ordinances,conducted a quasi-judicial public hearing on the
Application for Special Exception;and,
WHEREAS,all procedural requirements of the laws of the State
of Florida and the Land Development Codeof the City of South Miami
have been met;and,
WHEREAS,the City Commission,after weighing all the competent
evidence presentedatthe hearing,hasdeterminedthat (1)the
Application forSpecialExceptionshouldbegrantedand (2)
approval of the application subject to the conditions and
requirements specified in this Resolution will further the
interests of the health,safety and welfare of the citizens and
residents of,and businesses in,the City of South Miami.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Development Identification.
(a)The name of the development is:THE BAKERY CENTRE.
(b)The legal description of the property included in the
Bakery Centre development is attached to this Resolution
as Exhibit 1.
(c)The name of the applicant is:
Sunset Red,Ltd.
c/o Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
(d)The name of the authorized agent for the applicant is:
Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
(f)Application for Special Exception.
(1)The proposed 699,984 ft.2 development includes:
397,000 ft.2 of retail space (including 47,000 ft.2 of
restaurant space);80,000 ft.2of movie theater space for
4,600 seats;40,500 ft.2of residential space for 40
dwelling units;62,000 ft.2 of mall,service and
miscellaneous space;120,484 ft.2 of exterior circulation
space;and,580,615 ft.2 of parking garage for
approximately 1,698 parking spaces.The development
F.A.R.,not including the parking garage,is1.59.
(2)The Application forSpecial Exception consistsof
the application andallplansand other documents,that
are annexed and made a part of this Resolution as Exhibit
2.
Section 2.Findings of Fact,Conclusions of Law and Order.
FINDINGS OF FACT.
1.The recitals in the Whereas clauses and the statements in
Section 1 are incorporated intoandmadeapartof these findings
of fact.
2.ThestaffreportfortheSunsetRed,Ltd.Special
ExceptionApplication,datedApril 22,1995,providinga
description of the development,evaluation and recommendations is
annexed as Exhibit 3 and made a part of these findings of fact.
3.The property is located within the boundaries of the
Hometown District and the requirements of the Hometown District
Overlay Ordinance apply.
4.The proposed development is not in strict compliance with
the requirements of the Hometown District regulations.
5.Based on the Application for Special Exception and the
representations of the applicant,the applicant has satisfied its
burden of demonstrating that:
a.The proposed development contributes to,promotes and
encourages the improvement of the Hometown District and
catalyzes other development as envisioned in the Hometown
District regulations.
b.The proposed development is compatible with the land uses
and development intensities prescribed by all applicable
city regulations.
c.The proposed development must possess integrity of design
compatible with the design criteria established for the
Hometown District and with the overall image of the City.
d.The proposed development shall be designed in a manner
that provides for effective management of traffic
(vehicular and pedestrian),parking,lighting,noise and
waste generated by the development,and management of the
impacts of the development on public facilities and
services.
e.The proposed development doesnot expand the permitted
uses within the Hometown District.
f.Theproposeddevelopmentwillnothavean unfavorable
effect onthe economy ofthe City of South Miami.
g.The proposed development,when considered cumulatively
with other development,both present and future,within
the Hometown District,will not create excessive
overcrowding or concentration of people orpopulation.
6.Further review andapprovalofdetaileddevelopmentplans
and specifications isrequiredpriortoissuanceofanydevelopment
permitstoassurecompliancewiththecriteriaforapproval
contained in paragraph 5of this section.
7.Thedevelopmentwillbe integrated intothesurrounding
area,promote pedestrian traffic along U.S.1,Sunset Drive and Red
Road,facilitate pedestrian traffic betweenthe development andthe
SouthMiami Metrorail Station,encourage pedestrian traffic between
the development and business in the area,provide sufficient
parking,provideaintegrationanda convenient spatial
relationship between the residential use and parking and other
uses,provide adequate internal circulation and functional valet
parking,provide adequate open space and landscaping,and assure
continuous maintenance of private common areas and facilities.
8.The development will impact the area ofthe downtown
district,which is described as the Hometown District and
delineated on the HD Regulating Plan.The applicant has committed
to integrate the development into the Hometown District and has
made adequate provision to mitigate the impacts on the streets in
the area.
9.The development is consistent with the land use
designations for the property specified in the City of South Miami
Comprehensive Plan and the Hometown District Overlay District
created by Ordinance No.19-93-1545.
10.The development is consistent with the applicable
provisions of the City of South Miami Land Development Code,and it
is within an authorized modification to a previously approved
Development of Regional Impact by Resolution No.133-94-9534.
11.The development is consistent with the City of South
Miami Comprehensive Plan and its Land Development Code.
CONCLUSIONS OF LAW.
12.The applicant has met its burden to demonstrate that it
is entitled to relief from strictcompliance with the requirements
oftheHometownDistrict regulations.The burden ismet,inpart,
bytherepresentationsofthedeveloperatthepublichearings on
thefirstandthesecondapplications,andbytheconditionsinthe
order which requirefurtherreviewandapprovalof detailed
developmentplans and specifications toassure compliance with the
criteria for approval contained in paragraph 5ofthissection.
ORDER.
13.The application forSpecial Exception is granted subject
to the conditions contained in the following Development Approval.
Section 3.Development Approval.
The modified development plan identified in Exhibit 2is
approved subject to the following conditions:
SPECIFIC CONDITIONS.
1.The Specific Conditions and the Statutory and General
Conditions of the development approval in Resolution No.133-94-
9534 are incorporated into and made a part of this Resolution.
2.Building heights shall be limited to the heights shown on
the drawings of building elevations submitted into evidence at the
May 2,1995 hearing on the application.
3.As an incentive to increase the amount of residential use
of the development,the applicant may expand the residential use
from 40,500 ft.2 (approximately 40d.u.s)to 100,000 ft.2
(approximately 100 d.u.s).To accomplish an increase in the
residential use,the increase in the total buildable area of the
development by an amount corresponding to the area of the
additional residential units and related common areas (e.g.
hallways,walkways,parking)shall not be a material change
requiring a new special exception.The expansion will be allowed
by the City upon compliance with all other requirements of this
Resolution and the Land Development Code,and upon demonstrating
that sufficient parking is available.
The applicant shall:
4.Provide for the functional integration of the development
with the surrounding "hometown"town center.As guidelines for
achieving functional integration,the applicant shall comply with
the following:
a.The architectural standards in Sections 20-7.15,20-7.16,
20-7.17,20-7.18,20-7.19,20-7.20,20-7.21,20-7.22,20-7.23,
20-7.24 and 20-7.25 of the Land Development Code,with such
variations as may be approved by the Environmental Review and
Preservation Board (ERPB)at the time of site plan and
building permit review.Any variations to the architectural
standards shall be the minimum necessary to maintain integrity
of design.Roofs shall be white where feasible.
Notwithstanding the site plan submitted with the second
application,arcades shall beprovidedalong75%ofthe
building frontage on Red Road.
b.The street standards in Section 20-7.26 of the Land
Development Code,with suchvariationsasare depicted on the
plansin Exhibit 2ofthis Resolution.Any change inthe
plans by the applicant that decrease variations from street
standardsshallnotbeamaterialchange requiring a new
special exception.
c.Architectural and landscape elementsshallbe designed to
createa harmonious relationship between development and the
surrounding town center.This will allow for individual
expression in design stylebut provide harmony through the use
of common design elements.
d.Loading docks,solid waste facilities,mechanical
equipment,electrical vaults,closets or equipment shall not
be located along,facing,or visible from U.S.1,Red Road,
Sunset Drive,and 58th Avenue and the Metrorail system.
5.Provide for the physical integration of the residential
use on Sunset Drive with the other permitted uses.As guidelines
for achieving physical integration,the applicant shall comply with
the following design criteria:
a.A unified and well organized arrangement of buildings,
service areas,parking,pedestrian and landscaped common areas
shall provide for security and maximum comfort and convenience
to occupants and visitors.
b.Residential units shall be conveniently located in
relation to parking areas.
6.Design and construct interior roadways to code
requirements for width,strength,intersection geometry,and turning
radii for fire and emergency rescue equipment.The interior
roadways shall remain open and the applicant shall not construct
principal buildings,accessory buildings,or structures in the
roadways.The foregoing shall not preclude the use of reasonable
limitations on use and access for the life,safety and welfare of
the public and users.The applicant shall be responsible for the
maintenance of the interior roadways,sidewalks and common
facilitiesin good and clean condition.The applicant shall clean
public sidewalks.
7.Provide for on-street parkingoninteriorroadways and on
SunsetDrive and RedRoad,and unified signage,if justified and
allowed.
8.Facilities and access routes for retail and restaurant
deliveries,servicing,and maintenance shall be located in the
interior of the development and arranged to prevent interference
with pedestrian traffic.
9.Demonstrate that adequate parking is provided for the
development.The applicant shall provide documentation acceptable
to the Director of the City's Building,Zoning and Community
Development Department that details proper functioning of on-site
and off-site parking.The documents shall include,at a minimum,
collection,stacking,gate operations and all aspects of valet
operations.The documents shall be provided to the City and
accepted by the Director prior to the issuance of the first
building permit.The City shall retain a consultant to review the
documents.Reimbursement of costs shall be paid by the applicant
to the City prior to issuance of the permit.The Director shall
certify that adequate parking is available asa requirement to
issuing Certificates of Occupancy.
10.Provide day care services to meet the need of employees
of businesses of the development.The applicant shall submit a
report on the scope of need for day care services to the Director.
The design for day care facilities shall be submitted for site plan
review.
11.Design and construct improvements for pedestrian
crossings across U.S.1 at the intersection with Sunset Drive.The
design for the improvements shall be consistent with the
improvements to Sunset Drive between that intersection and Red
Road.The applicant shall be required to pay no more than
$50,000.00.The improvements shall be completed,as evidenced by
a Certificate of Satisfaction,not later than 1 year from the
effective date of this Resolution.
12.Contribute $50,000.00 a year for the first two years and
then $83,333 for the next three years to be used exclusively for
design and improvement to streets,other than Sunset Drive,in the
Hometown District.The City will provide funds to match the
applicants'payments.The design of the improvements shall be
compatible with the Hometown District developing regulations.The
first payment shall be received not later than 1 year after issuing
the first building permit.The unpaid balance shall be paid prior
to issuance of the final Certificate of Occupancy for the
development.
13.Comply with the Open Yard Space requirements of Sections
20-7.7,20-7.8 and 20-7.9 of the Land Development Code.The
minimum 5%requirement applies to property owned or occupied by the
applicant after satisfying dedication requirements.
14.Extend water mains to serve the development to provide an
adequate supply of potable water and ensure sufficient pressure and
flow capacity for fire hydrants,and relocate utilities on the
property and in public rights-of-way,if needed,at no cost to the
City.
15.Prohibit deliveries to the loading docks,street cleaning
and solid waste removal between the hours of 5:00 p.m.and
midnight.
16.Cooperate with the City of South Miami Police and Dade
County Fire departments and Dade County Emergency Medical Services
to incorporate reasonable and necessary security and safety
measures soas to provide for adequate emergency medical services.
17.Provide adequate security for the safety of property and
persons on the premises.Adequate security will be established by
conducting a security audit by a qualified professional.The
security audit shall consider all relevant factors,including
physical design,types and level of lighting,control of points of
ingress and egress to buildings and common areas,electronic
surveillance,and numbers of officers and schedules for a security
force.The applicant shall evaluate hiring off-duty police
officers of the City of South Miami Police Department to provide
security services.If requested by the City Manager,the applicant
shall cooperate in establishing a special taxing district in the
downtown area for security purposes.
18.Establish on-site parking policies and charges for
parking facilities.The first full hour of parking shall be free
to all users regardless of their destination.The applicant shall
extend the same parking price benefits provided to project tenants
to all of the Red/Sunset area merchants and their customers.The
policies shall be subject to the approval of the City Manager.
19.To the end that full traffic _and pedestrian flow can be
maintained on City right-of-ways during the course of construction,
submit to and receive the approval of the Director ofa traffic
maintenance plan for the entire construction period prior to the
issuance of any building permits.The plan shall demonstrate that
circulation can be maintained in relation to the various stages and
sub-stages of the development.If traffic and pedestrian flow
cannot be maintained as proposed,then staging shall be changed
accordingly.
20.Record a Declarations and Restrictive Covenants in the
public records of Dade County,Florida,providing for the perpetual
maintenance of all internal and peripheral project roadways,
sidewalks,lighting,landscaping,irrigation,parking facilities,
exterior building facades,loading areas,solid waste facilities,
mechanical equipment,and all other common areas and elements.The
instrument shall run with the land and be binding on successors or
8
assigns.The instrument shallbe approved bythe City Attorney and
recorded prior to the issuance of the first Certificate of
Occupancy.
21.Record a Public Easement in the public records of Dade
County,Florida,granting the City and other public authorities
rights of access over and to the common areas and elements
described in paragraph 2for the purpose of providing emergency
medical,fire rescue,fire response,law enforcement,inspection,
maintenance and other governmental functions.The instrument shall
be approved by the City Attorney and recorded prior to the issuance
of the first Certificate of Occupancy.
22.Record Deeds of Dedication in the public records of Dade
County,Florida,for previously dedicated,but unrecorded,rights-
of-way along Sunset Drive,Red Road and U.S.1.The instrument
shall be approved by the City Attorney and recorded prior to the
issuance of the first building permit.
23.Diligently continue construction under the project
construction schedule,as modified from time to time,to completion
of the development.The applicant shall deliver a copy of the
construction schedule to the Director prior to the issuance of the
first building permit.Copies of revised construction schedules
shall be delivered to the Director quarterly.
24.Monitor and report on the effects of project traffic on
the surrounding roadways in the Hometown District if requested by
the City Manager after the issuance of the final Certificate of
Occupancy.The report(s)shall include recommendations for roadway
controls and improvements to the surrounding area and the internal
streets of the project.The applicant shall be required to pay no
more than $15,000.00 for monitoring (not including reimbursement to
the City for consultant's fees).Internal project improvements
shall be made at the cost of the applicant.
25.Complete a traffic and directional signage plan for
vehicles and pedestrians,which shall be approved by the Director.
The plan must be implemented prior to the issuance of the first
Certificate of Occupancy.
26.Continuously monitor and facilitate the movement of
vehicles and pedestrians on internal project roadways and at all
points of ingress and egress.The applicant shall designate a
Traffic Coordinator at the time it submits the traffic and
directional signage plan.
27.Make public space available for not-for-profit groups and
for public functions.The applicant's policy shall be provided to
the Director prior to the issuance of the first Certificate of
Occupancy.
28.Notifythe Director,DadeCountyandstate archeological
officials at the Florida Department of State Division of Historical
Resources within 24hoursofanyareawhere potentially significant
historicalorarcheologicalartifactsareuncovered,andpermit
state and local preservation officials to survey and excavate the
site.
29.IfrequestedbytheCity Manager,cooperate with theCity
in establishing a tax increment financing district.
30.Reimburse the City foritscosts directly resulting from
theproceedings relating tothe Notice of Proposed Change,the
Application forSpecialException,andfurther review ofplansand
specifications,reports andstudies up tothe issuance of the final
Certificate of Occupancy.Reimbursable costs include consultant's
fees(urbandesign,traffic,parkingandotherasagreedto by the
applicant),attorney's feesandusual costs (excepting feesand
costs incurred in any judicialoradministrative adjudicatory
proceedings brought bytheapplicantortheCity),reproduction,
overtime secretarial,and other administrative costs.Reimbursable
costs excludes payment fortime expended by salaried City
officials.Invoices submitted by the City will be paid within 30
days.
GENERAL CONDITIONS.
31.The City Manager may require further review by the
PlanningBoardortheERPBwhenthemanagerbelievesthattheplans
and specifications submitted with anapplicationforadevelopment
permitdonot comply with thisdevelopmentapproval.TheCity
Manager may require further approval by the City Commission when
the manager determines that the plans and specification submitted
with an application for development approval constitute a material
changetothis approval ofthe Application for Special Exception,
or,when a violation or failure ofa condition of development
occurs.
32.The following changesshall constitute a material change
to this development order:
a.An increase in total gross buildable area,other than
that allowed in paragraph 3.
b.A decrease in total parking spaces provided on-site.
c.An increase in theater seats.
d.A decrease in the number of residential units from 40
d.u.s.
10
33.All applications for development approvals andpermits
pursuantto this approval mustinclude complete elevations for
entire facade andstreet frontage along streets or private roadways
abutting and within the project.
34.All site plans entailing exterior construction must be
reviewed by the ERPB pursuant to Section 20-5.11 of the Land
Development Code.
35.TheApplicationfor Special Exceptionandtheplans
enteredintotherecordattheMay 2,1995hearingareincorporated
into this Resolution by reference and relied uponbytheCityin
dischargingits statutory dutiesunderitsComprehensivePlanand
LandDevelopment Code.Substantial compliance with the
representations containedinthe Application for Special Exception
andthe plans,andtheoral representations madebytheapplicant
atthe hearings onthe first andthe second applications (in case
ofadirectconflictbetween representations madebytheapplicant
atthetwo hearings,which result solely from changes totheplan
ofdevelopmentinthesecond application,therepresentationsmade
atthesecondhearingonMay 2,1995 shall control),isacondition
for approval unlesswaivedor modified inwritingbythe City.
36.ThisdevelopmentordershallterminateonDecember 31,
1999.The termination datemayonlybeextendedin accordance with
therequirementsoftheLandDevelopmentCode.
DEVELOPMENT ORDER.
37.ThisResolutionconstitutesalocaldevelopmentorder
granting an Application for Special Exception.It includes (a)the
application;(b)theexhibitsannexedandmadeapartofthis
Resolution;and,(c)therecordofthe May 2,1995 hearing.
a.This development order approvesgeneralsite plan and the
proposeduses,magnitudeandintensityof development
identified in the application.
b.This development order is subject to the conditions and
limitations contained in this Resolution.
c.Thisdevelopmentorder requires furtherdevelopment
approvals.Additional reviewof applications forbuilding
permits shall beas required by this Resolution and Section
20-7.52 oftheLand Development Code (Procedure for Special
Exception).
d.This development order shall applytothe applicant,its
successors,or assigns,and it shall be binding upon the real
property described in Exhibit 1.
11
Section 4.Notices.
NoticesrequiredunderthisResolutionshallbegiventothe
interested parties at the following addresses:
To the agent for the City of South Miami:
City Manager
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
Tothe agent for the Applicant:
Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
Noticesshallbedeemedgivenwhen (1)delivered tothe U.S.
Postal Service for mailingby certified mailaddressedtotheagent
showninthis section or (2)areceiptisissuedforahand-
delivered notice.Notificationbytelefacsimileorother
unauthorized meansshallnotbe effective.Achangeof address
shall be effective when the agent receiving the notice of change
signs areceiptevidencingactualreceiptofthe notice.
Section 5.Conflicts.
This Resolution shall supersede Resolution Nos.65-82-4065,
65-82-4065A,137-92-9342 and 134-94-9536.In the event ofany
conflict between this Resolution and prior resolutions regarding
the Bakery Centre development,this Resolution shall govern.The
City shall take further action to rescind the PUD-M zoning for the
property.
Section 6.Severability.
The sections,paragraphs,sentences,clauses and phrases of
this Resolution,are severable,except any part of Section 3,and
ifany phrase,clause,sentence,paragraph orsectionofthis
Resolution shall be declared unconstitutional or is otherwise held
invalid byacourtof competent jurisdiction,the determination
shall not affect the remaining phrases,clauses,sentences,
paragraphs and sections of this Resolution.
12
Section 8.Effective Date.
This Resolution shall become effective on adoption.
PASSED AND ADOPTED this 2nd day ofMay,1995
APPROVED:
ATTEST:
GtW CLERK i "v
u
READ ANp APPROVED AS TO FORM:
CITY ATTORNEY
EGG/egg
Bakespax.res
12/7/94
MAYOR
MAYORCARVER
VICE MAYOR YOUNG
COMMISSION BASS
COMMISSIONER COOPER
YEA r NAY
YEA if NAY
YEA /,NAY
YEA //Olfav
COJWtMiSSK^IER CUNNINGHAM YEA
13
MAY