3THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members ofthe City Commission
March 17, 2015 Agenda Item No.:3
Steven Alexander, City Manager
A Resolution relating to the review and acceptance of the Annual Housing Report of the RRC
57 Avenue LLC [Red Road Commons).
BACKGROUND:
The City Commission at its April 5, 2005 meeting approved Ordinance No. 12-05-1834 allowing
for a Planned Unit Development, Mixed-Use project known as Red Road Commons located at
6600-6640 SW 5th Avenue, to be constructed that included up to 407 multi-family residential
units, retail uses, office uses and a parking garage. Pursuant to Section 12 of the Development
Agreement between the City of South Miami and RRC 57th Avenue LLC, executed March 29,
2007, the developer's legal counsel submitted their annual report on the Moderate Income
Housing requirement of the agreement.
Section 2f of the Agreement stipulates that " ... ten percent (10%) of the units will rent to
individuals or families in the moderate income segment of the affordable housing group ... ".
The 2014 area median income for Miami-Dade County was $48,400.
The property was developed with a total of 404 units. Based on the information provided by the
owner's representative, 386 units were leased as of December 31, 2014. Additionally, the
report contains the Affordable Housing Compliance Report for the year ending December 31,
2014, which indicates that a total of 42 units are currently rented to individuals and/or families
that qualify within the moderate income group. Based on the total number of units rented as of
December 31, 2014, the Development is in compliance with the provision of Section 2f of the
Agreement.
Please refer to the additional detail contained in the report submitted by the owner's
representative.
RECOMMENDATION:
Staff recommends the Mayor and City Commission accept the attached 2015 Annual Housing
Report.
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RESOLUTION NO. ______ _
A Resolution relating to the review and acceptance of the Annual Housing Report of
the RRC 57 Avenue LLC [Red Road Commons].
WHEREAS, the owners and operators of the Red Road Connnons development, pursuant to the
Development Agreement dated March 29, 2007, between the City of South Miami and RRC 57 Avenue
LLC, is required to submit an annual housing report to the City Manager; and
WHEREAS, the development agreement Section 2f stipulates that a minimum of ten percent
(10%) of the residential on the property will rent to individuals or families in the Moderate Income
Segment of the affordable housing group; and
WHEREAS, as 2014 area median income for Miami-Dade County was $48,400; and
WHEREAS, the December 31, 2014 report delivered to the Planning Department by Red Road
Connnons, shows that 386 units were rented, of which 42 units were rented to individuals or families
that qualify within the Moderate Income Segment, according to the report; and
WHEREAS, the Planning Department reviewed the Annual Housing Report and fmds that it is
in compliance with the provision of Section 2f of the Development Agreement, based on the data
reflected in the report.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Annual Housing Report for the Red Road Connnons development submitted on
January 14, 2015 is hereby accepted by the City Connnission for the calendar year 2014 based on the
assumption that the data reflected in the report is correct and without waiving the City's right to
investigate the truth of the representation made in the report at some future date.
Section 2. This resolution shall be effective innnediately upon being approved.
PASSED AND ADOPTED this __ day of _____ ,' 2015.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Connnissioner Liebman:
Connnissioner Welsh:
(':~ Bilzin Sumberg
ATTORNEYS AT LAW
JAN 1 4 2015
PI~ni'ling <Inc! Z()lllin!;j
Deparamf;l1~
Via Hand Delivery
Mr. Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: "Red Road Commons"
Property: 6600 SW 57 Avenue, South Miami, FL
Housing Report
Dear Mr. Alexander:
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor@bilzin,com
January 13, 2015
Our firm represents the owners and operators of the "Red Road Commons" mixed use
development at 6600 SW 57 Avenue (the "Property") in the City of South Miami.
Pursuant to the Development Agreement between the City of South Miami and RRC 57 th
Avenue, LLC, a copy of which is enclosed, a minimum of ten percent (10%) of the residential
units on the Property will rent to individuals or families in the Moderate Income Segment of the
Affordable Housing Group. This requirement is contained in paragraph 2f on page 3 of the
Development Agreement.'
Determination of the Moderate Income Segment is made annually through the provision of
the Area Median Income from Miami-Dade County by the United States Department of Housing
and Urban Development. The area median income for Miami-Dade County is $48,400, as
determined by U.S. Housing and Urban Development in Fiscal Year 2014. Moderate income is
defined as those earning between 80% to 120% of the annual median income. Accordingly, the
current income level per unit to comply with the 10% requirement is between $38,720 per year
and $58,080 per year.
Enclosed please find a list of the units where the residents comply with the Moderate
Income Segment and, therefore, qualify the units as such pursuant to the Development
1/ I have also attached an "Amendment to Development Agreement," recorded on March 25, 2010, that did not
amend the housing component of the Development Agreement.
MIAMI 4470268.1 77430/27649
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickel! Avenue, 23rd Floor, Miami, FL 33131-3456 TeI305.374.7580 Fax 305.374.7593 www.bilzin.com
Steven Alexander.
City of South Miami
January 13, 2015
Page 2
Agreement. As of December 31, 2014, 386 units in "Red Road Commons" were rented out;
accordingly, the attached list of units and incomes complies with the 10% requirement.
I trust this submittal complies with the annual housing requirement in the Development
Agreement. Please give me a call if you have any questions.
Sincerely,
~~
JBP: id
c: Maria Menendez, City Clerk, City of South Miami (w/encl.)
Christopher Brimo, AICP, Planning Director, City of South Miami (w/encl.)
Thomas Pepe, Esq., City Attorney, City of South Miami (w/encl.)
Gabriel Fisher, Property Manager, Red Road Comrnons (w/encl.)
Nazar Elwazir, Equity Residential (w/encl.)
MIAMI 4470268.1 77430/27649
e:~ BILZIN SUMBERG BAENA PRICE & AXELROD LLP
-_.----.. --'"-,.,------. --
!
2014 Metro Dade ,
',._ .. ~::A. M:::::I a::s::s::e::.t b::;Yc;HccU::.D=-t' -"-"_"$4",8,,4.:.:0,,,0,,,.0,,,0 ---'-
'Modeiite-Income 'T :-80%-to'-1-20o/~ of AM
Definition as set by i; or $38,720 to I HUD i! $58.080
.-__ . _____________ ~-L--_______ .. __ . __ ... : ____ 1. 1
1
---
Total number of ' i
Apartments leased
as of December 31.
2014
386
I ... I ______ ~[~'_ ___ ------
I U;!~S 6~:I~g~ae~~e i :
Agreement I 42
"" I I. UnitType
.J!
I
Initial
Certifi
Date
j--
Red Road '"5
-.. -tor-
I Lease
Expira
Date
--,-
r -
jAnnual Lease
Holder
Income.-
\
ShOUld not
exceed
$58.800
1~2ti14
i·,,· --,.
.-l I
Income as
percentage of
2014 HUD AMI for
Miami Dade
County· set at
$48,400 by HUD
in July 201~
Should not
exceed 120%
In Compliance of
AMI based on the
80% to 120% of
Moderate Income
as defined by
HUD YIN
!
-,---.' '., ~F-_,\.-;-~-· . 0 . a ~ I,,"" ~ ,-if} il"".. Fll
" Ii ~ ~ Illir """,II,,;!I
I J~Nll 4 2015 . -~---[" -T""" .----
+ ---1"1~1B··iI'lIf!imaZ{j¥lrr'lJ
@:rt~"'*~~ij"),.e. i . 'i;;i1M'''''''''~''~ J ~~~. ~~
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IActual Lease I
Rate.
,90.00
1
i 25
126
[27
~8
29
30
0-2C
0-2C
0-2(
0-211
0-301
0-303
D-309
0-406 _
~2
£
~
2x2
2x2
_2x2
~
2x2 11
14
13 6/20/2015
0-409 1x1 514/2014 613/20'
~57,081,OO
E-221 1X1 9/9/2014 8/8/2015 $48,000,'
0< E-305 2x2 8/2012013 8/19/2015. $57,364.'
33 E-317 1X1 8/15/2014 8/1412015 $48,OOO.0~
34 E-319 2x2 4/29/2014 4/2812015 "" Q1n,
99%
96%
118%
118%
118%
99'
96'
99'
99%
99%
119%
y
y
y I I $;;~~~:~~
$2,109,00
$1.742.00
$1,740.00
$1,610.00
I In,
_L _ ,
I I
I
-$1,645,00 I IL $1,659.00
35 E-322 1x1 9/18/2011 10/12/2015
36 E-332
37 E-412 ~_ 2x2 r-I 8/1512014
38 E-417 1x1 I I 8/28/2011
39 E-420 2x2 -1--1-9/8120
40 E-421 1X
817/2015 $56,;:nv.uv I lUll
3/412015 $56910,00 118%
41 E-430 2x: 7/29/2015 $56,910.00 118% • ..." u;;>v.vu
~ F-104 1x' 1012712015 $51800.00 107% Y $1,693.00
L I I 0% _
I III l
II Note_s;
1* People with inc~mes between 80 and 120 per.cent of the AMI are moderate income," -----
J*State of the Housing Counseling Industry, US Department of Housing and Urban Development, Office of
tp~l_~_~'y_D_~V~~_OP~~_~~ __ ~_n~ Re~_ear_c!1/_ ,_2 O_O_~ ___ ~_~p~x:t (S~p:ternber 2 008)
i*http://www.huduser.org/Publications/PDF/hsg_counsel.pdf
1-j 1--I i I Iii
lopm.n! Agreement \ I I I ' 'I
j I . I.. . .... li. .. ... II... L .. .. ,I ... ..... . 1_ .... ...... ... ...... ... .. .... . ..
19-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 :---i 2--f .
:--!-
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I ~ ~ •• -_ •••• ---urns, ten percent (1 0%) 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,
---Ithe 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 compnance 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.
-! •
i;l: ,~ ftlj']'ff). ~~ '(},ti ~ t' R·~-" C" """ ii '" It! ii1Fi" D j> J., \,~, _." i'.l ~ ll'i1t>~, .g~tt!);l '~ ii1~
JAN! 4 2015
PlalOning &,00 Zoning
i)<!Jp8.nmel'lt
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TIllS iH~trume~1i_p~p.tu'~d under the ittr..tVision:
aud wholl "~Of<!ed't.tul'l\ In:
Jo,'1 B. l',ooto,.E,q.
nilZln SllmbeiSBaenol'Ti •• & A .. lr"d LLP
aDO SaUlt, Slscir;ne Boulevard
S\l1Ie2SUO
Mionu,jjtoiid. 33 lJ1'23l6
DEVELOPMENT AGREEMENT
(Sp''''' Reserved for Cletk)
This Development Agtell1TIcnt is made as ofthis ~ d~Y ofl\Aalf~ 20Q7, by ai1~
between The elly of Sotlth Miarui, Flodd'a, a mtlnlcipal cOl'potnlion ("CII'Y") and RRe 57'"
Memle, 1LC ("Appllclmt"). .
Applicant hereby yaluntatn~ maKeil,decliteS, andimpl:>ses on the property described
.below, Ihis agJ'~!l1'entl.'llnnillf!. with t11C tItle'to Ine land, which. suall be biudfng un and shall inure
tothebenefil of Ule Applicant,successors and assigns, mortgagees, lessees, and against at!
persons clniming by. tlltough. or \1rtder !h1ll11 nfililllttth lime as this Development Agreel'nent
("DeveiUp!iren! Agf'eel11en!'~ is t~lesse(Un writmgas lletefl'lilner provided;
WHEREAS, Apl'lieanl owns the properly in the City, in Miami·J)ad¢ County, Floridn,
iegany described On Exhlblt "A", illso Im<Jwn as 6600~6640S,W, 57 Avenue and 5757 SW 68
Street (the "Ptopetty"). und
WHEREAS. on My 22, 2()OIl Appficitllt filed an applieatiuil with ll1e City to reztllle the
PW[jerty from tOD1) (Mu-4). (TransfiOtleoted Development Dislncl) to PUD-M (Planned Unit
De¥e~opjne1)t.Mlxed Ose), and to oblatn site plan approval (the "AppIiclllioti'11 anti
WHEREAS, the Flu~du Locnl Governmefit Development Agreement Act, set forth ill
sections16:h3220 -163.3243, FlaM. Stnlules,(lhe "Act") provides For lhe execution of
devolopment agreement's to 1115\110 Ihu\ the law in efroet at the time of Ihe executJoil 0 f the
devcfopnloot, lIgl'eeilien\ shall govern the development of the land for the oll1'ation of lhe
agreement.
NOW, 11-JEREFOIlE, In consideratl011 o,t the covenants, conditions, and promises he1'ein
COlltailled, the receip1 and sufficiency of which are eXpressly acknowledged, Appllcant ~nd the
CltyJtereby.ngree asfoJlows:
MfAMIBI9lIG.IS 73260215ll
3129107
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PermUted Uses, ])ensitles, and intensIties, P!Jrsuallt 10 the provisions -of
Chapler 20, Land Deve!QpmentRegtillltlollll of the City of Soulb Miall'J, Ibe
Property will be Unproved with the fonowing:
a. There shall be nt> \lIDre tllll!l 407 residential units 01'1 the Property.
h. TheProperty sball also he developed with tetal1space and a leasing office.
c. Development on the Property .hall no! exceedJ'ive (5) .stories above grade, in
height.
d. Developmertt Ilfthe Property lihan be in 8(lCOrdance with the adOpted master aWl
plan (In rue attha City, including eiev1ltiona, architectural features, BlId estimated
COlltrlIeroial sqUiU'lifoCitage purauant to S¢ction 20.3-7,·City Codec
e. Development of the Property shall be in one (I) phase.
f. A building pem'lll fot development of tbe proJect must b. applied fot within 6
months of the date on which iliis final deve}ot)ment agre'einellt ill signed,
notWithstanding the provisions of .we Section 20,3.1(1), E!l':piralioIlS ot: PUD
Aj:!prOVllJ:s.
2, Public FlI£ilities: In orqer to enhance pubIicra<;i}itles in the City of South
Miami, Applicant agree;! to provide servlces in compliance with Section 20-4.1 of
the Code ofthe City of South .Miami, incltldinlt
b.
c,
d.
Wllt\lf IIlid S0wer ~ervices tbat comply with all requirements of Miami~Dad\)
County rer lIliy bUildhl$ prior to iWUliiiW of afinalCettlfieatOof Ure and
Occupancy.
Solid Wasteserviees that comply with !Ill requirements of Minmi-Darle COl1nly
fOTIl!lY bulldfng prior to issuance. of a final Certificate ofDae and Occupancy,
Drilinage. servicll3' liIat romp! 't wi!h aU requirements Ot!he Florida Building Code
prior to the oceupanoy orariy bUildingS.
13Mctfon the projected residential population ondleProperty, Applicant agrees to
donate $92&,000 in 0\16 lump sum 88 ita respollllibHity for meeting p!irkand
reerestlon concUrrency. l'aymern: shal1 be made 011 or before receipt of the Pest
bw1dlhg perlll!t lind shalllnclude any lriterest or canying cost inCUtred by the City
until receipt of the payment. interest catculationa are lndieated on. attached
Exhibit "B", Incorporated herein by reference.
c. Traffi""App1ic~rtt will obtain necessm:y governmetitlll approval!!, and cause to
ouvoplaced and OPC1'iltiolll1l8~eparate left-tum. norlhbo1IDII entrll!lcl}"IaMon Red
Road (SW 57 Avenue) lnta the northernmost propased driveway on Red Road 011
the Property, priorto the occupancy of allY lmlldings on the Property. In addition,
Applicant will present pll\lls withitl two (2) years lifter tile recOI'amg of this
M!AMl8193\O.lS 7.12=531
312-9107 2
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3.
Development Agreement to gtlv~nmel1tal authorities, il1cl,lding tM Florioa
Department Of'ftl111SjlO!tlltIOll, for beautifical10n oftheluedlan area ioconEist of
C\lI'O and sutter irnprovemenU Und landscapiI1g i:rttne cenler aIRed Road (SW 57
Avenlle) .directly south of tile intersec(ioh of Red Ro,ad n.l1d Ponce de Leol,
Bott!evaro, Subject to appnlYal of necessal'l' permit'! by governmental authOrities,
Applicant will pu~r for and conatroct tho beautification improvements,
Houlling-A requirement often percent (l()%) oHlle units will rellno indlvi(!uah!
01' fronllies. in the mod<lf'.ue income segment of the affordable ilonsing ~ro\lp.. If
the resRien!i.aj unils convert to cOItdolniilill'll1s, ten percent {to%} o.fthe units will
b~ sold to' individuals or families in the moderate 11)COme tegmenl (1 r the
affordable ilau~il.lg group. In analyzing eompli>ll\co wilhthis Plil1\~l'b, 'the City
!;nall allow minor devi~tjOl1s resu,[ling from shoxl.-Ierm vacancies, Incomes shall
be based on Area Median Income (AM1),a~ defined by the U,S. Department of
HOtlSfng ll!ld Urban Deve!0plueilt. Proof of COl\lpJ ianceWitb tbis requirement on
an annual basis shall be provided in writing on or before January 15 of IDe
following :rear to Ule City Manager. In lI\ldition, the Appllcant sha11 ",ake a
payment of $1 OO,OlJO to the City on or before the ISsuance (j.f Ihe fitst certi!:icate of
llS¢ and occupancy for th~ development on OW Propl:tfy, to be placed ilt a City
tms! ftmd!o allSiit in 11\e devclopmeht of low income hO\lBing in i>'le CIly's
COl'lllllUOtty RedeYeloprminf Agoncy «tea,
'I'ax!lSl Applicant agrecsfo pay al1 taXes to lheClIy otSouth Miami m 1l1lamo\1Dl
eqllal to ll'e annUal Op'era~iJ1g Mlllngo Rate,. tflhe Pro.perty Owner receives an
exemption for paying Operating Millage Taxes .from. M1ami-Pad~ Count)'. the
Property Owner shaH ooiitribuie ll!I amount equal 10 the Op(l1'8ting Miihlgc Tlixes
to the City of SO\lth Miami In noy your thai 60.011 axemptron is griu'llCd,. This
provision shall not ilbrogat<lRny of O1.e Properly Owner's rights tofil., appe~ls of
TIlX Assessments [Of the Property., in uccor(llmoe wllh the laws of Miami-Dade
COUllf)'.
4. Work Force; L'1 tU! effoct to ellhance joboppotliluities for locnl citizens,
Applicant agre"..s to give a ptefete11ce ttic jab 8pplicant!r re&iding ill Sonth Miami.
I~ Qrder to lUr.ximlze the pool of npp!lcant~froln South Miltrni, the Applioant
BliaU send notice to the C01llnlllllity Redevelopment Agency Direct'llr ortbe City
of South Miami. or a substitute aesjgneeby the City Manager, prior to 0\'
concurrel1t with the issuance or any (t) bids for construction work on the
Prop.lty, (2) bids fot te!llpo;'at)"or ponnanel1t maintenance work olithe Property,
o( (3) proposals for leasing of ret' ail space on the Property, In regard to
recruitment and emploYmen\, the Applicant ·shall demonstrate tt1\\t it. has lised iis
best efforts to hire job appll¢alili> frOn1 the Ciiy of South Mlami., pl'ovided such
clIildidates are qilalitied (or the positions in questiOil •. In addilian. the Applicant
shall hire two residents from lhe eRA dIstrict to assist the Applicant in pro,1drng
construction services during the petiod of coM!ruclion and developmcntof the
Propetty, P"yrilent for ihe pcisflfollS shall be a\ AI;pllcal1rs soJe expense and shall
he commensurate wIth similar Job levols and rcsllol1sibilities tn comparahle
industries,
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5.
a.
b.
Site Plan.
Applicant shall retain stormwatel' drainage runoff on sile in accordance with Cily
regl~atj()ns.
AppUC<lllt sball provide onsile security. As purl of Oil site ~ec\1ttty to be provided .
by 610 Appli¢lilit, the Appl,i.eant shall monilor and keep operable the security gate
to the proposed parking garage and make arrangements to assure e!Mrg~ncy
access by publlcsafaty vehicles.
c, The e!I.!rallce at LevRtlle Avo. shall be signall:.cd and approllches il~stalled based
on appt'o'lAI by MIami-Dade County and (he State of Florida Department of
Trlinsportation.
d. The exit for iliedrlveway onta SW 60 Stroot shalt be designed ann operated as a
right turnout only driveway. The exit slYat! b~ dosed With a gate to provent turn
out oe\weeu.the ~Olll'S.of7:00 A.M. ll.1ld Hl:OO A.M., Monday (lu'o1igh Friday.
e. Appliollnl shall provkle U I1lhllmmn of one (1) .stop location oU.iiite far service bl
the Hun-yCane$huttle .. Ttmshllltle stop locatians shell not Interfere with SW 57
Avenue ttaro¢. All Fhll;tyCane shu.lile ptlllsenger pick-ups shall be coardiooted
with Ihe Cil'y OfSo\lth Mlami shuttle pick-i<ps ro mlnlmllW traffic impacts.
f. Applicant.sbnl! proYide tlnd rnalntniu lalldscaping acceptahle to the City beiween
tbe FPL faCIlity and lhag<ll'age. The applicm1t must jll'Ovide a row .of 12' high
b'ces with !nlnk tlr<l\1mfmnc¢<; no! leSs thllll G inclies en tne CitY's jll0perty
cretwe!>!) the Fl'L faclIfry and t!TeSGltth Miami Comlllurtily Center. The row of
trees (0 he located 011 tM City~ property betweell ih •. Fl' L facili ty and the South
Miami COllllnullity Center sllall bo 1I11ifoim in apperu'Rllc(; and consist of not less
than 25 ttees in the row.
g. Applicant sballpto'lide and nlRintain a six-foOl high CBS waU between the
project and the rell1ail1iJtg service stalioil,
h. Employe~ pltlking.s1:\ullbe. restricted to the garage and it shall be lhe developer's
or his llSslgli's l'cspOl1sibiltty to submit with each occupational licel1se pl'Oofthat
employees are uti1i-dil!S the !lsSigncd pal·killS.
i. AppUcant shall provide a maSler slgnagc phm for project identification, n'aJ'fic,
l'Quting, and retail stores prior to final project apPI'Ovui by the Environment"!
R,:view and Preservation Board (ERPE).
j. Applicant shat! liJnit on sitG lighting property edges to 2 fuot-candles of inle\1si~/
at a" 18 inch hai~ht. WithIn SIX months df project com .. pletion the applicant is to
provide acerttfiollrep011 onlnemalld.tcd ilInminatl\m l~Yel.
k. Applicant is t\) 858mc thul the Nfllse service (lfeaS shall be lal'ge enough to
accomrtiod<i.teadequale dumpsters. The finn! nmnb¢l' and climellsions of service
MIAM!319310.15 73260Zl'SJ I
)1291117 4
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areas shall he malldated by tho Environmental Review Jllld Preservation Board
(ERPB) !It final approval stage and ad"pted nnd inllorporated a~ anexhibi! \0 tho
Development Agreement pnorta final approval of the DcvclopIt.el1t Agreement.
All patking and stteetlmprolremellts p[llCed on the public tighl.otway on SW 57
Avenue hy the Applicant shall be maintained with funds from a m.ainlellancebond
10 be pooted prior to pennh iSS1.1ance in accordance With rules of the Flo~ida
Deparllnent of Transportation. Proe>f of posting of (he bond shan be provided io
the Cily,
Appliclint 11MI limit the type~ ofNu!1 es.tablishmou.ts in order tD assure that the
requ!ted. parking doesnol exoced the inl'rilll retaH parkingalloc.atiQu in the
adopted master Bite plan. AppHcant to provide the City an initial parkins pla!\ fDr
retail stare.'! and shall maintain (he allocated numb~r of spilcea for each OcCtlpaill,
Applicant sbut! instal! aU sidewalks as shoWn on the adopted master site plUI1.
Applica!U shall open tlplnopaseo Oll t11e Mrth sIde as shown on the amended site
plan, as approved by the Plannillg Board, U1 order to break up the long faeade of
fnateaidemilll buildlllg,
AppliclIllt and the City shan agree on the number of locations ofthe lcMh\g zones
pl10rto tne final approval I>f ti,e Developmetlt Agreem.etlt. The dimensions aM
locations of the lo~dijjg zones shall be attached a. an exhibit t<J the Developm.ent
AgreeriiCll1l, .
AppIlOllfit uwerstarrcs and agrees that the City may eliminilte the on-street
parking S[ll\Ces locilted on sw 66 Slreet.
ApjllrC!!ll!sh~il provide 1,001 parking spaces Iwhioh roay be reduced in
accat(lance with CO.llditiol1 "Sq, requhing renloval of on-street parking QI1.5W 66
Streel}. through a combination of parkh1g garage, It wall s\1rface lot, and on-sltc
street parking,
The Applicant witl commit to pru'tlcipa\1:!in. a joillt workulg group with the FIrst
Metlmdlst Church of South Miami llud 1l11micipal, CO,l!ltyand slate ilgell¢les to
devise n plan muhlnUy agreeable IQ Applioant nild {ne Flnit trnit'd Melhodist
Church of South Miami, fDr peileslrian irn]ll'Ovemtnts and ooamificntloil for Red
Road. Applicant will contriollte the oOl1slTUctiOl1cosl of specific pedestrian
enhancements agreed Upon by Applicant and the Fin! Ulliled Methodist Church
of South MiamI.
The Applicant wlll present plans for traffic pernlits indicating travel Janes of 10.5
fe<lt 6n Red Road (SW57 AV611ue) ana. if aPproved, will create an enhanced
'0 landillgt.011e" for peoe5td1ll1s in the <;e1.1t~r of Red Road between the Property
and the First United M~.thodist Church to the east, sUbject 10 \he approva! of
Miami-Dade County and the State ofFlol'ida Department of Transportation.
MIAM1 3193 10.15 7l,};602/m
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t. The Applicant shall not exceed a noise lev"l equal 16 [he ambient background
level at 10:00 P.M. at a location adjacent \l) tile Property 10 be selected by the
Planning Direct')!'; said locatioo muychMge from time to tUne,
11. The Appllcant shall obtain approval from the City of a parking plan for
construction workel'& prior to the iSSU1!Ilce of a building penni.t
6.
7.
Sellool •• III an effort to ~.s5ist pllbllc schools located' within fhe City, Applicant
voluntarily agrees to donate. $34,800 10 the Miailli,Dade (;Qullly School Board
("School Boar.f'), to be specifioally ~ilmlatked for cilpita! improvemeats at public
sohools lOOllted In the City. The AppliCllllI's don~tionsht\n be paid llpall the
issuance ofa C¢r;tific<tte of Use ami OI:cupancy fur the fun residelllial ~nii an the
Property. Peeisionll .shal1 be made jo!rillybytne City and School BOllrd, ano
funds mU!!' be spent within two (2) y.r:ars. lif fh{j donation. lil the event tbat no
capit!\! impTovenlentscan be identIfied or agreed Upon fur lbe expendi,\ute of lhe
funds wiinin the two year period, the AwtlomU'$ donillionnu)' be utilized to fund
programs, purchase materlal~ (Such lIS Mditional ~om)Juten;) or in 'my mauner
thn! the School Board aDd the City determines wf.1limht\rtce the curriculum and
the students' aHeadihg lhe s\lbjec\ sthool'a educational experience .. 'tellTlIl of the
dom\nOll and s!u<!eatgene,ation an~ysis are contained In Ole Scnolil !thpllct
Review An,alysis dated Noveil!ber 16, 1004,aitaohed to this Development
Agreemellt audlle-reoy illCOrpOtilted byrefetence .
Unity oJ Title: ApptiCatl\sbal1 submit Q Ul11ty of TlUe, pursllanl e~ the
requirerne.its crfSeCi!on 20'3.7(BXI}, CitY Code.
NOW THEREFORE,. the:, CH"~ in cousideration oJ the prCmlses, hereby agrees as
follows:
8.
9.
V.stlllg. As long Bathe developll1ehl on the Properly is in 'complial1Ce with (Ilia
DevelopmentAgreement, and allaj!l'licat;J ... law~, artliIlnnces,. c¢d~s. and policies
ill exis:teli.C~ at the time of the execlllfun of tlIe De:vekijll'l1t'li'i! Agrllllinent Jtllwell as
other requin:il1en(simposcd by me City ComllllsSiol1l1jlol'l tire ratifil;lItion of lhe
retoDlng or the site plan approVl!1 on !he Prol'lerty, the Property shull not be the
subject of a dowM:oning applioatlon by tIle efty Itlld shaH not be subject to any
development morutoriUtn, tefWlllda actiO!), ordinances, pollcies, or proceaures
enacted by tire City that [units the develo]lmenl contemptated hy this AgreCinetit
and depicted ii1 Ihe M.aster Flan. Any failure by this Agreeinent to address <1
particular jXll1Uit, condition, telm ot restriction shall not relieve the AppliClUlt of
Ihe necessitY. of complying with tm law !,,,,,Yerning said l'ermil1mg re<juirements,
cOllditlnhs, lernlS or res\r!cHot1s.
Impact 'Irec •. The :Property shall not be subject to any new lnl])ac\ foes imposed
by Uw' City after ilie adoption of the Resohltioll appn:>v;ng thIs Developmenl
Agreement.
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lO, Cnnc1tl'l'enttY .ifild Csnslstency, The Applicati(>]:) tQgethor with the AppHcant's
perfOl111anee under \l1e Dev~loi'melli Agreement sat~ties the oonc\U1'ency
requIrements, as dclinealed ill Section 20.4, L, CilY Code, By execuu'on Of this
Agreement, ilre City ac\mowledges that the applieBti(>o for site plan approvui
meets all concllrrency regulatlolls elluJnetnted fn Section 20-4,1 of the CilyCodll,
and that the rezoning and sito plan application and tbls Agreement are consistent
with t.'le Ci!'y Comprehensive Plan and Land "Development Regulations,
Addttional Reilulremen!S:
11. Termor Agreement, The prOYJsiorlSof this Develcpmeot Agreement shall
become effective upon its I'~CQtdalion in the public records of MiamI-Dado
CoUII!y, Florlda,.lIIld shat! cOlltinue m effeot ror a period oft.n (10) years niter the
date ofsucllroaoroatlol1, alier which it maybee extended by lUlltual ¢OIisenl of all
legal and ettllitable QWl1ers of the Property, and (he Clly of Soulh Miami upon
approval at a public hearing,
12, Antru!!1 Report ond Review, It shall he the resportsibilfty of Applicant to submit
all annulll report to the City sul'llclent 10 fulfill the req,liremetliS as stated in the
proviSions althe Act, and Ordinance No. 1l·OS-1831, ti'>.!s agreement shaH be
reviewed annually on the allllivets~ry oflhe effective date of l!lis !greemel\!,
Applioant, or its nssign, ahall suntni! all allmiat report tlt leasl 30 days prior to the
annul\lm-iew date, Th!s report shall contain. a seetibn-by-secnon listing or whit,
Obligations have been mel and the date finallz.ed, .s· good mith eompliance with
itc tenns ofthetlgreerl1cnt; The Cl\y Commission shathovte.w iheann\llil r<:port
at a public meeting, It the Cily CotllmiSlIlon fj1lds, 011 ille basis of SUbstantial
competent evid\lnce, that there has been II f"idhtre 10 iJomply ;VWI the lel'ms of the
Development Agreement, the Cily shllll provide the Applicant with Ii frfteel1 (IS)
day Written notice nnd opportunity 10 cure lile MOI\-CI"Jlnplhmce, . 111e AppHclilit
shilD Ilnve 45 ~llysafterUle ~,:<pirarron of the IS-day notice period to begin 10 cure
the non·60iY;plhi),lce, utter which the Agreement may be revoked or modif.ied by
the City, The obligation to sllbmit an ®11!1lIl report thaI! conclude upon the date
on which. the agreement is IOlluinated,
13. ModlflcatigJl, Tbe provisions ofthis Dl)velopmellt Agreement may be Dmended,
added tl)', derogated, deleted, modiJ1ed,. 0, changed from time to tinl. by recorded
inslnlmel!t executed by the then owners of the Property and tM Cily, AllY
modilk<lliQn>s to lhe Si.te Plan mIlS! comply with the roguhllions WI' Rl11CnOlnCn\ to
PUD·M dovelopment conlained in ChaptOl' 20 of Ihe City Lnnd Development
Code,
t4. Enforcement, The CUy, its success"r or assigns, !ll1d the. Applicant, tis
slICcessors and assigns, .shan hu". the light to enforce the provisions of this
Deveiopment Agreemenl, Enfbrcomcnl shall be by actlon at law or In equity
againsi any 11arties or persons violating or ul1cmpllhg to violatQ any eoyen~nlSi
t.'ither to resltllii1 via tation ot to recover' damages or b001, Tho prevailing party in
the action or suit shall be entitled to recover, 111 addition 10 costs and
MIAMI Sl931ltlS 7)260Zl531
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disbursentent. allowed by law, such sum ,as the court may adjudge \ll be
,,,a.enable for the services of its attorney, Attorney's fees'payable tmder this
paragraph shall nb! exceed 25% of the Judgment,
IS, Inspectlan,. Nothlnijin Ihis Agreement allan be consrrtled 10 walve Ot lirtlil the
Ci'iy's goveri11nent~1 author!t}' as amunlcipal corp.oration and political subdivisioll
oflhe State of Florida, Tile Appliennt,IMrefo!e tmderstands and agrees that any
offroial inspector oftbe City Of South Miami, otitl;!lgcnts duly authorized, may
have the ptivll¢ge at any ttmedul'ing Ronnal working hours of entering and
hiYe$tiga1ittg the use ofttie promises ("0 delermiM whether tRe Property cOmplies
wifubUildingttnd z()tiing regtllallolwnni! me condluous herein.
16, Autltoru.ntlon to WUbholdPel'tnlls and tnspedhms, In the event the
Appucant(s)isfS1'1' obligated to itwli:~ jlayrt1efitil or hnjlrovemenls tlndel'the tel'ms
of this Development Agreement and stich. paytnell!!! are not made a~r&J.uired,ot
Stlch improvements are not mndeas requited, In addilloll to any other remediw
avaHabte, Ihe City of Soutll Miamii. hereby authorized towithl1old any further
permIts on th<>porl!oi'i onhe Property railiuil to comply with !bis Developlnent
Agreement, and refUlie· to grant MY inspections, any approvals, or tiny certificates
at o~upanoy wilh regard to tbatportion of filO Property [l111il such time tllis
Develol'mentAgreemen! is complied With,
17, Rem'csen/allons (jf the AjlpUeatlt Applicant represents to the City !IS follows:
n, TheexecllliOn, dellvery and ped'onnaoc" of this Agreement and ~1 OUIC!'.
instnl!nents ami agreements eilecuted in COllntction wiTh this Agreement Itave
beel~ propedy authorizod by tbe Applicant and do not feqllil'e furlher !l!lprov~1 by
App1icant.
b, This Agreement has been pfoperly executed, lind constitutes Applicant's legl\l,
valid and binding obligations, enforceable ag~inBt Applicant ill nccordance with
its terms,
C, There al'e no aatlOlls, suits Of proceedings pcndlilg or threatened against or
affecting ApplLcant beforo any CO\lrt or gllvcl'11mental agency ilia! would in any
material way affect Applicant's abililY to perfol'm this Agreement,
d, Applicant sllaH not act in allY way wha\soever,direclly or iildirectly, t!l calise tiJis
Agreement to be amended, modHi.d, csm:clcd or tennlnated, except pursuant 10
its express tenns, l\lld shall lake all actions necellsary to ensure iliat this
Agreement shaH remain in full forco !lad effect alall times,
e, Applicant hus the fil1ancial cnpacllY \0 payor !Idvance ill the City all fees alld
payments as I'Oqu.irod under this Agreement,
18, SevernblHty. If any provision of lhis Development Agreement 01' the application
thereof' to any person or CirC\IOlstance.s is held invalid, prohibited, or
unenforceable for ilny reuson, lhis the Developlnent Agreement shall be
MIAMI &19)10,15 73260ZISJI
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ineffeQtive (1)1)/ tu such extent a.'ld the temnining provisions shall conlinue to be
given full forte and effcclso far as possible.
19. Joint Preparation. This Agreement has been drafted with the partlcipation of
the City and Applicant and their 0011l18el, and shali be construed agalnst the
Applicant in ilillue& of dmftslmmship. 'the captions of eaeh article, section and
subsection contained in Ihis Agreement ate for ease of refCl'Cl1Ce onJy !llld shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is llsed ih tilis Agreement, it sh!ll.1 mean that the illolndeditems or
terms· are included .\v;thOlU limitation as (0 any other teems 01' torms which may
fall withilllhe listed cruegory.
20. Binding Effeet. The burdens of this Ajlteemeril shllllbe binding upon, and the
benefits aflhis agreement shall inure ta, allstlcceswrs ill interesllo the parties of
tbis Agreement.
21. Captfons aml Headill@. Paragraph headings alo for convenience enly and
shaB lloi he used to construe or interpret fhis Agreement.
22. Applh,,,blc Laws, JutiscUction" lind Venne. Tuls AgJ.'eel11m! shall be govemed
by /Ultl hltel'preled. ronslrued. and enfareed in uCllorOllflce wilh the internal laws
of Flodda wlthoil! regard to principles of conflicts of law. This Agrqement may
b~ .eilfol'oed as ptoVidedm Section 163J2<f3,Flor/da SllI!Ules. Venue fo'! any
litiglltion pel'tainlhg to the sllbjec[ matter hereof shall be oxolu.~iyely ill Miami c
Dade County, Florida.
23. Nnllees. Any I1QliCes 0\' re}lOi'fS requited by this Agreement sllall be Seii! to the
fO!tQWlIlgr
PO.f me City:
City Manager
City of South Miami
6130 SUllsel Drive
Sontb Minmi, 1'1. 33143
Copy 10:
Planning Dlrector
PlaTUling and Community Develi.lpmenl Department
City afSonth Miami
6130 Slmsel DriVe
South Miami, Fl. 33143
MIAMI BI93lU.IS 731602153I
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FOT Ute AmHl'Clillt;
Irma A.beUa, Esq. ,
Gcnoral C"umel'£Offl"e
Unlvel'sity oJMlinni
J 320 South Dixie Highway, Suite 150
Coral GabIeIJ, 1'1.33125
Copy to;
Jetty B.l?roctQT, Esq.
Bilzin S\Ttnberg.~aenn l'dce &t Axefrod tLP
200 S(). Biacayne .a<llilovard, Suite 2500
Mianii, F't. 33tH
24. Watve!,s, No failure or delay by Applicant or the C~ty to insist ujXlo the srrl"t
perfQ\'mimoo ofauy covenant, agreement, term or cOl1d11ion of this Agreoment, OJ'
to exercise lillY riglll or remedy cons.cqu¢Jll Ujlon thc broach thereof, sball
eonstitl)te a waiVeI' of any s~\;h breach or any mtbseC[Uen! breach oJ slIeb covenant,
agreement, teml Qt IJOlldition. No covenant, agreement, tel'm, or condition of this
Agreenlent and ItO b''each tlwreofshall be waived, altered Of InodHied except by
wtillen tn'3tnlllleljt. N(> w!l\vet' (>f ~ny breach shall affect 01' after Ihis A/lWlment,
but each lIl\d e~ covenant, agreemelit, term and condltron of this Agi'ecmenl
shall continue lri full force and effect wiU, respect to any other then exlsfing Qf
subsequerrf. bTeooh thereof,
25. Third Party lleliilliciary. Thls Agroinnent is exclusively for the benefit of the
pnrtios hereto and !heir Affiliiites!il1d it may nOt be enforced by Ilny pllliy other
(hoo (be .parti<l<l to lllis Agreement tJnd shall not give risc to li'libllity fo ~ny'lhird
pm1y othel' th!ul Ihe aulhoti.zed successors and assigns 0 f the plil'tios hereto, .
26, Survival. All'} coven.ni, te!m or provision of (hjs Agreement Which, in orde,ttl
be effective, nljjst survive the !enni[111tlon of this Agree~111; shall BUtYlve .any
!;li(Ib tetrnil12lion rnclilmng without limitation, parngraphs 2, 3 and 6 which shaH
snrvive this ~entent.
27, Pcr[odsClfTflne. Wheflevet anyactenninaNon is to be made or actIon Is to be
taken (lila oatespecified in this Agl'ccment, if such dato shaH fall on a Saturday,
Smlilay or legal hunday, then ill such .vent said datil sball b. exteJldect to the next
day which is not a Saturday, Stmday or legal holi.day,
28. Entire Agreement. Tllis Agreement set~ forth the entire agreement between the
partics hereto wjL~ respect to the subjeQt mutter hereof. All agreemellts,
c()ve,,~ti[s!. teptesencatiolls, and warranties, express or implied, o!'al or WlitfOll, of
the parties with. respect to the s\lbjec\ mattet hereof are contained hereill, No other
agreements. covennnts, reptosehfli!fons, OJ' Wtll'l'llllJles, express or impllro,oral or
wdtten have been made by any party to the olher with respect to tho subject
ulAlter of (his Agreemont. AU prior n11d oontemporaneolls conversations,
MIAM1819lI0,ll732{i0215~1
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disCllSsions, negotiation~, possible and alleged agreements and representationa.
CQveillmts and warranties with respect (0 the subject matter hereof, are waived,
merged herein alld superseded nereby. Each l'llrty affirmlrli vely represents t'mt no
promises h"ve been made to that party that are ITot oontained in tnls Agreement,
and the Exhibils, Illld slip'lllates thaI no evideneeof allY prollliaes hilt oOl1.llllned in
this AgreemGnt, and the Exhibits, shall be admllled into evidence 011 its behalf.
This Agreement shll11llol be SUpplel'l1enteo, am'mded or modili.ed by-any COltfSe
of d""ling, course of performance or Iilses ottrade and may t)ltly be amended or
modified by a wdl!en instrument duly executed by officers of both patties.
29, COllilterparts. This Agreement may be executed {lrtclmling by facsimile) in one
or ml)(¢ co\!nterpar~, and by the different parties hereto til s\:pal'alo COUlllerp811S,
eaoh !tfwlllckWliell executed shall be deemed to be 8nOl'Iginal but all ofwmeh
taken logeU\er snail constitute one and !he same agreement.
30, Recordation.; Wi~ihl 20 days after the Development Agreement has been signed
hy both Ihe ApllHcunt Ilnd the City, the All-ptieant shan I:RnSe II COllY of tll~
Pevelopment Agreemen( to be l'ecorded itUhe ApplicSllt'S expense in the registry
ofdecds ill MiamI-Dade County.
31.. :Exhibits, AI!ID:llibits atlached herelo contitln additional terms of (his Agreement
and ~.\1~ll1co"llorated hereln hy refereroo.
:>2. EtTeetivenesl<, 'this Developroent Agteeillent shttUbecome effective after the
appfOY*i oftltellpplicaliol1B for rezoillng and sit'e plllll1tpproV'a! and the. ex.piralion
ofunytlppeal periods, The !IJlpmvaJ oftlle applimifiol\S forrcz:oningand sitl) plan
appi'oval fillet of U,e applicratioll for approvlll of tltis DeVelopment Agreeme!lt,
shaH not oecllllle effective lmti11he Park donatio!1 is established and agreed UP;)!)
by the Applimtnt and tbe City in accordance with Patag!'aph #2d. ·lffhe Park
dODajiQll is not established in accordance with Paragraph 1f2d, the applications fot
rezoning, site plan approval, and approval of lhil! D&ie\dpmcnl AgJ'eement· shaU
be considered withdrawn wIthout prejudice by the Applicnnt.
"1. IN WI .• Tl'tESS WHERE:OF, these presents have be6n exccIlted Ulis .;l,<1 to, dny of
__ lvi CL'rWl , 2007.
MIAMI 819311115 732~Q215) J
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ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY O]1'SOtlTRMIAMI
KNOW ALLMEN BY mESE PlIESENTS that:
The City of SOllth Miami aCKnowledges and accepts the foregoing Dev~lopment
Agreel11(:tl( and each und all of' the ferms and provisions contained therein,
_________ ~, daled und attached hereto.
DATED Ihia ~ 9 clayof NIffUtI. .,2007.
Yvmllle S ler-McKinley
CIl'l'Manager
. e foregoing illS rumen! waS ackilo,v!edged before me Ihlsd\(G4 day of 7rltuc1r. 2007 by
tJ .. '" £, .... ~~, Gir!ht'~"· of the Ciry or SoUth MlmnialldIittestcd to by
eM M. "Mehen ez. , City Clerk, of~ City of SmIth Miami who are ( ) personally knoWn
to meot l } produvci!a voJid drivei"s neense as identHlcali'On.·
My C{)mmisSion Expires:
3 ~I(.. a.~ C> ?
N . P bl' Marta M. Menendez
olary u l~
Sig,"1 Name; " .. a-.(2i. I]i&';;~
Prill! Name: Malia M, Menendez ..
Serial No, (Nolle, ifblanll):
[NOTARIAL SEAL)
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IN WlTNESS ry~OF, the undersigned plttty fIllS agreed to this Deve)opment
Agreement dated as of the day of Marc+i .20Q7.
w~ . O~~ '""' m h ~ t .. RRP sill! AvenUe, LLC, a Florida
...,... . M f\. limlted UabHity comjla1ty
Print Nartw -Iof'ti\Q, J'I ' !'t6EtJ.L1+ By: Universliy (lfMiruni, a Florida non-pro.lit
STA TB OF FLORIDA )
)88:
COUNTY OPMlAMI-DA.[>E)
corporation. its s em· ber
/oJ) :t.M/ ~~e: -=-Jo-s-epb-i'·~.j·~!-,-'?+--+-~:""":~
Title: Senior
and Finanee
The foregoing Ins.trumelit was acknowledged be rot'e. me thl~ dily 0¥--w"",,~..J
2001, by josejlhT. Natoll. as Senior Ville President for BpSiness IllId Fil!unee. of the· iversity
of Miami, a Florldanon-pl"Oi'lt eorpomtion, the Sole Member of RRC 57'" Avenl1\l1 LLC, a
Floridn limited ii~bllitY company, ~he ispersonaily known to me or has produced a Stale of
_____ driver's license as idenlincation.
My ComJi1lssioti Expires:
MIAM[ 819310.157326\121531
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[NOTARY SEAL}
NOiAl\YVUllt.!C-Sl'~ 01' 1t,OroDA 'ij."l M.·. dod)' .M. S.I1l ... 1.ih. l JConlllili,lon # DPS69&11
'" .' &<pll<" ocr, 10, 2010 !l~NH'tHllU .\1tAl'f1IC r;ONPlflIl Ci)'J INe.
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Parcell:
EXHIBIT "A"
Legal Dosctiption
All of Tract 1, of \he REVISED PLAT OF FERNWOOD, according to lhe Plat thereof, as
recorded in Plat Book 35, at Page 72, of tll1l Publio Records DfMiami·Daue Counly, Florida, tess
the S<mth 475.657 feet of the West 100 fee~and less also the Basi 150 fee! of the SouUi 330 feet,
and less also tho South 125 feet oftl1e Well! 17 Heel of the East 125 feet, and less also the East
75 foot oflho West 175 fwt of the South 12$ fee\<>fsaid Tract.
Parcel 2::
The East 7S feet oHhe WeSt 175 feet QHh~ Soulh 12$ reet ofTraet 1, of REVISED PLAT OF
FERNWOOD, aecordjng !{)!nePlal thereof, as t'OOdrded in Plat Bock 35, at Page 72, of tbe
Public Records ofMI.mj.DadeCounty, Florkla,
Plltcel 3:
The North Li2 feet of the BE \4 of the NE V. of the BE 'A of Sec(ion 25, Towuship 54 SOUUI,
Range 40 East, less the Noren 25 feet oflhe North 132 feet ofthe SB V. Of the NE If. oft.lota SE V.
of Seclion 25, Township 54 South, Range 40 Eas~
Pal'cel4:
That part ofille SE If. oftllc NB Weithe SE 'Ii cfSeetion 2$, Township 54 South, Rallg. 40 Easi,
described as follows:
Begin at fue SE comar of snid SE V. of the NE V. offue SIl '/.i; thence roil Wes! along the South
rUle of said SB y.; of the NE \4 of 1116 g]!, V. ft>r a distance of I ISS feet for a Point of BegL'llIing;
thence rUil Noflb parallel to the !liist line of srud SE v. oftheNB ~ of the SE \4 for a distance of
15!} tee!; lhencenrn West paraHel to the South tine ofS'aldSE Yo of the NE V. of'lhce $E V. fal' a
distlmCe of 100 feel; tllCncerun patanel to Ihe East line pf said SE 1M anne NE l4 of-lhe SE l4 for
a distance of l~O fec( 10 the 80\lth line pf said SE y, of the Nfl !t.i of the SE \4; thence !'tIll East
along said South tine oflhe SE V. of the HE V. of the 813 V. fOI' a distllllce of'! 00 feet to the Point
<>f Beghming, less the South 25 feet for pubJlc mad purposes,
ParcelS:
Tbe NorUl IRO feet of the South 330 feet of Ihe East 150 feel: ofTtacl 1, of REVISED PLAT 01'
FERNWOOD, according \0 the PIal thereof, as recorded in Pial Book 35, at Page 72, of the
Public Records of Miami-Dade County, Florida,
Parcel ii:
A portioll of Tract I, REVISED PLAT OF FERNWOOD, 6C\lorrling to tbe PIal tilereOJ~ as
recorded in Plul Book 35, at Page 72, of the Public Records of Miamj·Dade County, Florida,
mom particularly describC<1 as fallows:
111.1 part of the Southeast Quartet' of the Northaast Quarler of the Southeast Quarte," of Section
25, TOW1lShip 54 SOllth, Rnnge 40 East, d,scl'ibed M follows:
1legin at lhe Southeast corner of said SOlllneast Quarter of N0l1h1)ast Quarter of Southeast
Quart\lr; lh=e run Weal along the South Jille or said SoutheaslQuartet of Northeast Quarl~ of
Southeast Quarter for a distance of 2&5 feet fur POINT OF BBGINNING; thence rUn North
parallel to East !lunaf !mid Southeast Quarter ofNorthcaBf Quarter of SOlltbeast Quarter 150 feel;
thalloe rlll1 West parallel 1.0 South line of saldSol1lheast Quart'lr o:f Northeast Quarter of
Si:rU(he![Si Quarter 7S feet; I1WllCO run South paraUel to the East ll\1e of said Soutbeast Quarter of
Northeast Quarter of .Southeast QU1uler 150 fec, to the South line of said Southeast. Qualtor oi
Northeast Quarter of Sonthe1!stQoarter: thence Easl along said SOllth line of the Southeast
Qualter of Northeast Quatt.er of SOUOleast Qllarillf fer a distance of 75 feet ,0 th~ POINT OF
BEGINNING, LESS thll Soutl115 fuet f{)r public road.
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EXJ:l'!B-IT 'Ill"
PROPOSED -PARK CONCURRENCY
Red Road Commons
On or before the IssU.ill1ce 01 the first building permit lOr tne Project, the '
Appllcant wit! pay a Patk and Recreation Concurrency fee (the "Park Fee") to the
City of South Miami (the "CIty") of $928,000. This payment wi~ ressrve sufficient
park concurrency tosaftsfythe demand oiup to 4oSrnuftl"famlly residential unl1s
to be developed on tM Property and will be reserved as such for as long as'the
"Pevelopmenl'AgreemElfit" govsrnlng the'Proleot remains In M force and effect
, ' .
. In addition to the Park ~ee, the App\lcant will pay an interest fee (the
'interest Fee") 'tolhe Clty.for bterest aCCruing altar. the Clt)"s approval of the
Development Order for jhepro.]ect on April 9, 200li, If \halnteres! Fee Is paId on '
or before November 17, 2006, saId Fee·is $43,173.60. If ttielntersst Fee Is. paId·
betWeen Novem~6r 18, 2006 end february 17,2007, said Feats $53,164.20. If
the lnterest Fee ill paid between February ie, 2007 and May17, 2007, said Fee
Is $58,826.40. If the lirterestFea ts paid oetNesn May. 18, 2007 !lnd August 17,
2001, said fee Is ii64,4Cl3'.40. If the Inretest Fee \s paid between August 18, 2007 "
antt November 17, 2007, saId Fee Is $69,095.20. ;, .
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MlAMl J 1~459~,1 70DOO<iOH1
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"R.lSVISEO~
SCHOO1. IMPACT ReVIEW ANAl. YSIS
November 16, 2004
APPLICATION: Red Road Commons
REaIJE5T; Ol'lveIopm,mt under the existIng TODD (MU-4) zonIng
ACRES; 7.09 net notes
1..0CATfON: 6600 and 6640 sW 57 111 Avenue and 5757 SIN 6S ll1 Street, South
Miami
NUMSER OF
liNin!: 143 unIts (Ourrent TODD Zonlng. allows. for 266 resldentlal ~nits.
Developer Is proposing 409 tesldentral unlts, !hue generaiing a nel
densllylncrease of 143 units)
MSA:5.3= 0.20 MultifamilY
EsllMATED
STl1O"ENT
POPUlATION: 29 students'
E!.EM"ENTARY: 13
. MIDDLE: 7
SeNIOR: 9
SCHOOLS SERVING 'AREA OF APPLICATION;
ELi:MENiARY: Sunset E1amentary-6120 S.W. 72 street
Coral Gables Elementary -460 Bird Road
G. W. OaNer Eiementary-238 Grand Avenue
MIDDLE: Ponce De Leon MJddl'l-6B01 Augusto 51.
SeNIOR HIGH: Coral Gablee Senior -400 Bird Rd.
'aS6ed on Census 2000 InformatIon provided by Miami-Dade County Department of
Planning and ZonIng. '
OSI.l>SS6Sae efllNI-l\Jld 3.115 I4cl8~'S .0011 I>l oeo
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The following population and faoUlty capacity data aTe as raportad by the OffIce of
Il1fbtmatf.on Tecl:lnology. as of September 2003:
coral Gables
EI "rrrt!lii!ll'y
SUfllet Elementary
G, VI, ellTVa,
flem.lrtary
PonClJ O. Lean
Middle
Coral Gall ... S~tllor
STUoelir
POPULATION
753/
762'
1,0821
1,0861'
60tl
60S'
1,5;121
1t~·
3,00II{
S,611l'
FISH OeSIGN
CAPAAlITY
PERf.IANENT
467
734
416
1,2Z~
2,0\12
le~%I
i6a%'
141%f
i4a~'
1440/.)
iM%t
1~!i%l
126%"
rn%l
173%'
NUMBER OF
FO"1'AIiILS STUDENT rtAnol'ts
6Z
206
66
198
05
% U'nLIZAllON
FllIHCeSlGN
CAPA¢l1'Y
PERMA."IEIIT
AND
RELOCATAllI..e
143;%'
144%·
n~%I
11'5""-
f25%1
126%'
100%1
1\16%'
165'l\1
166""
• Increased student population as a result of the proposed ttevslOlllMO!
Nom'
1) The. cumulatIVe afle~t of other approved or proposed deve!optrien1l! In ths VicinIty Ii; not
liwludtides pertofthJ! IIl1!!lysis.
2) Flgtlres EibpVa reflect ihelmp\l~t 01 th.1I ClasHfte amendment. . ..
;} Farsuartl to Ihe lri!~rl6<;el Agreement, Gotill .i3S\5itlsEtem$l1tary. Sunset elementary, O. W,
CiltvllT' Efemontaty and Coral Gables Senior Hlgh SGhOQls meet thG revieW threshold.
ADOITIONAL SCHOoL INfORMATION; Th~ fbl1owll1~ Information was provldeQ by
school alta personnel oralher data sources In October 2003:
Sunsot S{ei'lIIliitarv
Ceplial lmprov"menis siMa 1990:
Recogl1fi1bn forAOlldemlc AchlEMlment:
Special Programs:
Lunch oohedule:
Non-Ihstruc;flonai space utlUzed for
instrucllonat purposes:
Teachers required to float/travel:
09l. .. SSSS0B
in each clessroom and Madia Center-
!'lenyaccess
Classrooms and Media Center
Grade 'N
Befora-schoo.! oare, Magnet programs,
emiohment classes and afler
BegIns at 10:$0 a.m. -ends 1 :00 p.m.
Nona
Fourteen teachers
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Cqrsl Gable! Elementarv
Access 10 computers:
Capltel tmprovements since 1G90:
Recognltlon fo~ Academfo AchIevement:
Special Pros.rams:
L~nch schedUle:
NOII .. rnetructtonalspace utilized for
lns!rucllonal purposes:
teaohers (squll'ed to floafltravel:
G. W. CaM!' elementary
Access to carrtptlt$ra:
Capilal tmprov<rmlln\s !>Ince 1 GSO:
Reoogilltlon for Academic AchIevement: . .
Spaclal Programs:
Lum::1t schedule:
N6n-Instrucllonai space utilized for
lnslructfonal purposes:
Teaohers required to noailiraver:
OSl,!>£6BSOE:
In eaoh classroom (PK-5ih grade),
special oomputsr labs and Media Cenler
None
'M" Florida School
After-school c:arl:l
From 1.0:25 a.m. to 1 ;00 p.m.
AUd!lorlum Lobby. ESOL pullout .and
CCHL pullout
SpanlahS, SpanIsh SL, CCHL. ESOL.
Art, MU$lc
In eaah classroom and Media Center
None
Grade "N
After-acnool tutOring
B13g1ns at 1 0:30a.in, ~ eMI; a1 nOOh
None
Mualn nnd Art
flNINN81d 311S
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PolIC<t 09 Loon M'Id!jl"
Access to computers:
Capital lmprovements since 1990:
ReCO\lIlf!lon for Aoademlc AchIevement:
Special Programs:
Lunch schedule;
Non"lnsil'uctlonal space utilized for
InstructIonal putpo~ea:
Teaohers required to floatitravel:
Poral Gables Set\!or Higll
Aoces$ to computers:
CapIta! Improvements Since 1990:
RecognitIon for Academic Achievement:
Special Programs;
Lunch sclle<tule:
Non·lnstructlonal space U'llllzed for
Il11ltruoilonal purposes:
Teachers required to Hoat/travel:
OSL .. SSSSOS
tn each class.foom, In special oomputer
tabs and Media Center
Classroome, Art/Musio Sulfus and
Solanoe Laba
"e'seMol
Masnat prpgran;s Elnd Community and
Vocatlonal. classes
Begins at 11:30 a,m,
NOM
Langu.age Arts, ESOL, Math, Science
alid Geography
Ttl eaoh clas~raom. In special computer
labs and M stile Center
None
Sterling Challen\Je
Magnet programs and Enrichment and
Vocational classes
Seglns at 10:37 a,m,
None
Science, Math, Biology, ESE, History,
Language Arts, ESOL, Business and
Chlldcsre
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, . , 01<: BK 25496 PG 00'72
LAST PAGE
P~NEO Rt:Ller SCHOOLS IN THE AReA (Information as of November 2004);
SciW,,! Sfatus
CotlllGables Se,1'I1or HIgh School Under design
83t).sllJdent, stations additIon
(Ol$liiot,wlnrembVEI 310 Ilxls6ng
stuoont stations housed in portables
pro'ildil1!:ra net Inorease Of 520
student capaolty.)
JRELee aMvarsloo to ali/rtlsntal')!
(786studem stations) Pre-Planning
Oocupanoy Data
2005-06
Z011
O?ERA'l'IN,GCOSTtj: Accordlna to I=fnanclal Affafra, the average cosH or K-12 grade
stu!jsnts amounts to $5.633 per sludent. The lotal annual operatlh!;j cbst for addl1lonal
atudents re-sldIng III thle development, If approved, would totsl $1139,'\67.
CAPITAl. COSTS: Based on the S,tate'e Noverriber2(104 student station cost faClors',
capital costs for Ihe eallmated aodltlemaf students to be generated by the pro 'Posed
devel\1pltlerlt are:
ELEMENTARY
MrbDtE
SI:NIOR
13 )(
7)(
ex
Total PlltentJal Capita! Cosl
$
$
$
13,452 = $174.676
15,423 " $107,tl81
20,409 .. $183,681
$466,516
-Bused on Information provided by, {hI) Aonde Departrtlent of. !:duca!Jol1, Office of
Educational Faclilties Budgeting. Coat per stiJdent station does nollnclude land cost •
s'" 091. .. SBflsoe !l~ r~;JlJld 311 S !-ld8'" S 700<3 .1 C "IT
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This mslrllm.,,1 pr<:p.,..d IUld.r Iho slIp<>rvlsiom
lind when rooorcted ,01\11111<>:
J<Tr'/ E. Proetot, Esq.
nllzlnSumhergS"""" Prioe 8< Axe!rcrd LLP
:iOQ$omh. BtS"llYOo 90Ulevard
Sula.2~OO
M_. 1'lorida ;113i·2336
AMENDMENT TO
DEVELOPMENT AGREEMENT
(Spaoo R ... ryed for Clerk)
This Development Alll'eemCtll is rnade a~ of thisJL dayof~, 2010, by aOO
. between. The· Cit}<-.oi •. $Qulli .. l'rllnmi, . .Flelida,. ft· muni.cip~J· cGrpQraliofi··{'CHyff}. and· RRC 57111
A velme, LLC ("AWlloantn).
WHEREAS, Applicant owns the property In the City, in t.1lamI·Dade COlmly, Flonda,
legally descriOed on Exhibit "N, also knOWIl M 6600-6640 S.W. 57 AVtlnue and 5757 SW 68
Street {the 'Property"),and '
in.lEREAS,ihe City and (heAppticatitexcculedn 'DlNelojllllent Agreement," reCorded
Oil Mlll'ch 3b,2007 atOffleia! Records Book 25496 ilt Pages 51·72; and
WHEREAS. II:reDevelopment Agreement memorialized responsibilities and commitments
of the City arid Ut.e ApptiCllllt in the development of a mixed-us~ project OIl the Property; and
. WHEREAS, In May, 2007 and' September, 2009 the Applicant received approval oiminal'
modificntions \0 the dcvelocpment plan for the Property; mid
WlfEREAS,ihcse minor jJlan modifications did not change ilJe responslbilllies and
conlltlitments ill the Development Agreement; and
WHEREAS, on November 17, 2009, the City adopted Ordinance iI~9-09-2021 amending
the Devetoptn~rtt Agreement to recal·d. the parking requirements fbI' the continued development
of the Property, as adopted itl UIC City's Land Deveillpmclj\ Cooe;
Folio Num.""" O!l-402S-026-QOIO
09'4G25·~26·Q02Q
09-~U2;'OZ6-0030
09·4025·026·0060
S.cfrwplRge; 2S·S~·10
MIMil ZOOIOU.5 174.3027649
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NOW; TiiEREFORE, the Development Awe.mentis her.by amended as follow$;
1. ,6..ddit1QD ,~s .. r",n 1,
g. Th. o"llIrll orretall. 2ffic<l and rs;stllurnw mOll shall nol excnd, .• ndbe limited
by, Ihe Glllla.fty orptovldwtiarklng. The dev61o!$ent Rh"!! Qomply wilh the
parkIng IreqlliretJ\enls in tIte L!\nd Development (JoM Sec!lon20-4.4(Bl fCral!
retail, offing Ind restaurant u.es.
2. AddiU"n toS,etlon 5,
r. AppTi=\ SbaUp1O'1icel,OOl parking spaoes [whIch may b. reduced in
acoordanei with CondHlol1 USll,requinng removal of on-street pntking Oil SW 66
Sll~.t}, through a eombinllliuu of parking garage, n sma1111t1llMe lot, and on-site
.... stTe~t.p. ~.~,iti.ll" ., ~ ... , >" ...... , " •• l' ,. • " ,. ..,
• As gFOOlober.l00'9: 958 t6t~1 mrrldng §!l!\cesNm8ina!\.t reductions sottbrtiJ
in SnbOY6illld I! spaccs remoyeQ. forbi1C!gl!cks!S9! sp.~,;for \'CSidenSia! units;
aM. tota1of67 !l!a= rnmajn for .rotaliloffimo!ta,mml as"".
3. Amendmont taS¥etlon 11.
Eo[theA~~
lr-Ji,lh&¥!!rEmx
G!ill~.~tfi ..
Ynl'yel'll!i;r!tfMlarn!
~\rlJF.I}lid....mgl~e4$
Gi>~ng:;n:ereil\ Ft. ail l OM
E.EG51'h Avenlle. Ltc
Mr. Jay {ucoowon, Dfrector
WOOd' Pntlnern
26ilO Nol1h MUllalY TInll, Su!l~ ) 00
.1220' Raton, Fl 3343!
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4. WiULill'lQ dav! aller the Amendment to DwelQpment A !1ffl®ent has. b~e:n gigned
by bOlh the Apptrcanl and . fu~Qjty, tfulNwliAA/lt shtl1 ms<> .1), OW? oflhe
Amen:9menl to Dwve1o.pTneu! Mrewent !o beI!lOOrded alfue AllpJieanl" e~ense
jn tnarelZi!try of!!eedjJ IDM!l!!!ll.:Pade County Wd ApJ)Hcant sholl. Iltrn!sha
cor!if>ed !i6Py of the t~oorilild !ilneilllmen1 19 Pw~topl11l\h! Agreement to the
City. Fa!lj~!g reoordm: In furnlsb a!IDlilied rerumlll!! c9J!Y withln 29 dim!
n\lllifi~g tho vaUdilv of the Amjmdmenl to Develi:mmen! Agtoom!inl.
,,IN WJ;rNBSS WHEREOF. ti\ese pmonls have been executed this 17 rt. dBY of
~.20to,
[31dPiA TURE PAGES TO FOLLOW]
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ACKNOWiEDGMENT AND ACCEPTANCE
BY CrN OF somB IIHAMl
KNOW ALL MBN BY THESe PRESENTS that:
The City of South tvfiarni acknQwt~ges and accepts fue foregoing gmMdmenl to lhe
Dwelopm<;.'1t Ar;reemeilt anti eaen and all of the terms Bnd prO'll.ions contained ther~\n,
___ ~ ___ .....,." dllled and attacnedhereto,
DATED ihis I'lih. daYof Jf\u.rt,h ,2010.
STATS OF JlOli t
COUNl'Y OF(V\ lflnl-'t:,p,'bl;
)
) S8
)
CITY 0n.0U'Pr MIAMI
By: -t5(~
Roger M. CllrlttlD
A~ing C'ly Manager
The foresoing ilts!romenl w. Jll:knowJedged. before me this n-\ day of M, 2010 by
-Rp:p \I.e ... \ "'" ,Ci . of th~ City of Soulb Miam~nd attested \0 by
~ City Clem, of e City of S~ulh MIami who w-e ( ) personally 1mown
to me or ( ) prodllC<ld a valid drivers \loeb •••• tdentlficatlon.
My Commission Expires:
MIAMI !lJOlfi2fi.) '11'll!IllM9
21t1!O
Notary pubnc:.,-;",-_._~ _____ ,..;..
Sign N.me:~~""'_-=:--'7" ___ _
Pritt! Nmlle:~ p k~<. f/;."l ')4
4
(None, ifbl"nk):
[NotARJAL SEAL)
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IN Wl1'NESS Ww;i.REOJ1, t~und:r,!.d party has agreed to Ihls Development
Agreement dnied as oflne 1i. dl!1' o~ .2il10.
STA'reOFFLORIDA )
. )~.~
C(')\JNTY OF MlAlof! OWE) :q>~~
.......................... ' ..... '-'l'he'roregoing -instr\lm~l\-Was ilo\>ul()wledge(j:.befOr~. me. this -.a .... da~ .o(-~'.I!\.,
2009 ...• by' J.y S.JllCO. bson, V!C!!Presidenl OfW.· .. 0.Od .. R. ed." R.O~. cccclIm. m. ··.¢n ..• ,~ ....... fig l'mner of me S1'hAVCl1ll!l, LLC,a Florida linilitd liability oomvau;;<..&lSlio ISJl~uwn 10 me
or has prodll0C(\ a State 01 ___ ddver' . eliSe as identification. .
My CIlmmission ExpIres:
M1AMllCaill2G.l T/4){)Z7649
liSllD
NOTAltyP
Serial No. (none, rfblank): ~~_
[NOTAiW SliAL)
5
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Parcel. I;
BXHIBIT"A"
Legal Des¢I'l'pt!on
An of Trnct I, of th~ REVISED PLATOI' FERNWOOD, according ({)the Plat fhereo~ as
rewrdedin P111t Book 35,ati'age 72, o.fllle PubllcRecords ofMi1imi-Dad~ County, Florida,less
tlleSouth 47$,657 feet of the West 100 feet, and less also the Bas! 150 feet oftheSouth 330 feet,
and less also the Sollth 125 ftet of Ihe We$! 115 feet of the East 325 feet, and less also the East
75 feet of the Weat 175 feet of the South 125 feet ofsald Tract
}'WoI2:
The Ii~jjt 15 t~et of tho West 175 fee! orthe· South 125 feol of Traot l,of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, a% recorded in P}at Book 35, at Vage 12, of the
Puhlltl'Rewtds ofMlllml-Dade County, 1'lorldQ,
ParW3,
The North 132 feet of the BE V. of the Nt! ~ of the SE ~ of Section 25, Township 54 South,
Range 40 E"~t, losa the North 25 feet of the North 132 feot of the SE 'A of tTle NE ~ of Ihe 813 \4
ofSettion.25, 'township 54 South, kange 40 East.
., ... "." ~~:;'~f';~~'~E'~;f'fu~'NB~' ofth~'SE:~~lVe~t;~~ ;.;: T~~hi~"54 'S~dt~:~~~~e'40 East,
desCiioerl es follows:
Begin al the BE comeI' of said SE ~ of the NE Y. .0Hhe SE :4; thence run West along the SOtlth
llne of saidim. 14· of !be tm. !4 of the BE \4 lor a distance of 18S feetfura 1'0tIit of Begtnrtlng;
!h~eertm 'Northpurnllel to IndlRs! une of said BE % of the 1'.'E ,. of' Ilw S~ \4for a distanee of
ISOreet; thepce run West pattillo! to tho. Soulllllllaof said SE Y. ot'the NE ~ of'tile SE 14 for a
dis[Qtl¢e of'l00 fect; them:e tun parallel to the East. tine of said SE 1<1. oflheNE Y. onlle SE Y.for
• distanceof1 ~o feet to tho South llne of sald sa !4 of the NE X of the SE ~; thence run East
alon~ suldSoutb line of tlu~ Sg ~ ofthe NB % onlle SE!4 for a distance of 100 feet to the Point
ofIleginriing, lessUll> So\ith2S feet for public rolld purposes,
Pg $;
The Nqrth t80 feet of theSQuth 330 feeUif !h~ East 150 fOOt ofTtaol!, of'REVISED PLAT OF
F1'!P:NWbbD, ft\lcording to the Pl&t thereof, M recal'ded In 1'1111 Book 35, at Page 72, of the
l1iJll!icltecords of Mlnmj~Dnd" County, Florida,
Pg6:
A partiDO of Tr~ct 1, REVISED PLAT OF FERNWObb, according to the Plat thereof, as
recorded !n Plat Book ,35, III Page 72, of th;\rft~bnc Records of Miami-Dade COllllly, Florida,
mOl~purllculllTIy d<:B¢libGd as follows: ' . "
fiat part of the Southeast Quarter of the N0I11teast QUllrter of the Sautbeest QUQrter of Section
25, Township 54south,Range 40 East, described as follows!
BegIn nt the Southeast cornel' of said Soulbeast Quarter of Northeast QUII11cr of Southeast
MlAM12001026.3 7743027649
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',' em E>K 27227 PG :t49S
• t.AST PAGE
Quarter; ilience run West along !he South line c;f$1lid Suutheast Quart~r ofN,orlheast Quarter of
Southeast Qu!Uief for a distan~e of 285 fGel fur POINT OF llEOlNNlNO; thence l'un North
patanel to East. Tine ofsai<!i Sou~aSt Qua!:)q;qfiIWrth(\l!,~t Quarter of Sou Iheas I Quarter lS(} fect;
thence mnWes! lfaraUel to Sooth Uqe"of.! "!a!(!;l!SoullwaSl QUarter of Northeflst Quarter of
Southeast Quarter 75 feet; thence nm South parallel to the East line of 8l!id Southeast Quarter of
N.ottiteast Quarter of soume'Jst Quar'~r 151) feet to the South linl: of saId Southeast Quarter of
Northenst Q1.lnrter of Southeast Quarter; thence :east along said South Hn'e of tbe Southeast
Quarter of Northeast Quarter of Southeast Quarter for a dist~n¢e oOS feel to the POINT OF
BEGINNING, LESS the Soutb 25 feet for public road.
MIAMI ZOOIU26.5 774,02,649
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ORDINANCE NO. 12-05-1834
Ai"i[ 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 "PUDcM" Planned Unit Development -Mixed Use District said rezoning subject to the
conditions specified in Section 2 of Ordinance No 11 -0 5 -1 83;J and.
WHEREAS, the City Commission at its A'grr. 9, 200 !'ineeting 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 48-05-12027and
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
COMMJ;SSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 .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.
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.
2
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
ATTEST:
'cJn~Q(~~~~
CITY CLERK I
I" Reading-3/7/05
2nd Reading-4/9/05 (as amended)
day of ~ ,2005
APPROVED:
~~
COMMISSION VOTE: 4-0
Mayor Russell: Yea
Vice Mayor Palmer: absent
Commissioner Wiscombe: Yea
Commissioner Birts-Cooper: Yea
Commissioner Sherar Yea
Attachment: Exhibit"A" Development Agreement
E:IConun Items\2005\2-23-05 SpeciallRezoning -TODD to PUD-M Ord,doc
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
& Commission Meinbers
From: Maria Davis .·1Ji .Ai'
. City Manager/!?A _ ~r.r
. V/ v/ . {ttl .
ORDINANCE
Date, April· 9. 2005
ITEM No. f· ....
Re: Development Agreement
Codina Deyelopment Corp.
6600-6640 SW 57 Ave.
2001
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF.
SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT
TO FLORIDA STATE STATUE 163.322i FOR A PLANNED UNIT DEVELOPMENT-
MIXEDUSE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600-6640
SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE
BUILDINGS OF tJp TO FIVE (5) STORIES IN HEWHT .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
stJMi\1ARy OF REOUEST.·
The applicant is requesting approval of a Development Agreeme:q.t 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 th~ applicant's approval process for a
proposed mixed use planned unit development project. The fiTst element was a request fora zone·
map change to create the PUD-M on the City's official map. The second part is the approvalofa
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 Agreement
. March 28, 2005
Page2of4
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.
Development Agreement
As required by the Local Government Development Agreement Act, two public hearings must be
hfMby 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 DevelopmentAgreement Act)
sets forth the authorization and procedures for a local govemments if they intend to enter into an
agieement with a d€'l,€jgp€ll" gfproperty. The purpose of a development agreernentis to assure that
the development program. and all of the related conditions as approved by the local government
will be implemented.· .
SUMMARY 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 ma~ter site plan
adopted by and on file with the City (p. 2-No. ld, Ie ); . .
o· hi:order to respond to the City's concurrency standard the developer agrees to pay to the City
anS838,000 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 on.2 acres. (p. 2-No. 2d);
o The developer agrees to construct a left turn lane into the project from Red Road, including
median landscaping (p.2-3 , No.2e);
o 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
Page30J4
•. AllIS of the conditions approved by thePlanning Board as part of the master site plan review
are contained in No,S (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 andhas detennined that it contains all of the
conimitments 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. lllas) recommending approval of the Development
Agreement subject to the following 11 modifications:
1) Page 2, Item 1 (b) the word "may" will be replaced With the word "shall."
2) Page 2, Item 1 (d) needs toinc1ude 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 citycan 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 tobe replaced by "up to ten (10) percent" of the
units shall be made available to the affordable housing groUp; if the project is converted to
condomimwns the same percentage applies.
5) Page 4,Item 5(e) the sentence should read as the following: "Applicant shalI provide stop
locations on or adjacent to the site for service by the HurryCane shuttle and should not interfere
with SW 57Avenue traffic and attempt to coordinate with the South Miami Trolley system, .
6) Page 4, Item 5(t) 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 welI 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
proj ect and the remaining service station. .
8) Page4, Item 5(k)in regards to the full yard dumpsters the actual dimensions of the dumpsters
must be provided. .
9) Page 4, Item 5(1) sentence needs to be expanded in order to include all street improvements.
Development Agreement
March 28, 2005
Page 4 0/4
10) Page 4, 1te1)16, the tenn "regarding purchases" shall be deleted from the second sentence in the
paragraph. Also, the addition of the tenn 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 Scuth':Miami is authorized to refuse
certificate of occupancy (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 Agreement submitted by the applicant 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
Development Agreement ( W2/0W
Planning Board Special Meeting Minutes 1-5-05
Fl. State Statute 163.3220-163.3243
Public notices
MDIDOD/SAY
E:\Comm Items\2005\3-28-05 Special\DeveJ Agree Red Rd Commons Report.doc
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
Suite 2500
Miami, Florida 33131-2336
DEVELOPMENT AGREEMENT
(Space Reserved for Clerk)
This Development Agreement is made as of this 47.it day of W. , 2006, by and
between The City of South Miami, Florida, a municipal corporation ("City") and Codina
Fairfield I, 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:
MIAMI 819310.117326021531
1. Permitted Uses, Densities, and Intensities. Pursuant to the provlSlons 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.
e. 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 Applicantmay 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-tum, northbound entrance lane on Red
MIAMI 819310,1l 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 govermnental 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 annu!!l 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$IOO,OOO 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 opportunltJes 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 desiguee 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 8193 10.)) 7326021531 3
Property. Payment for the positions shall be at Applicant's sole expense and shaIl
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 Applic.ant shaIl monitor and keep operable the security gate
to the proposed parking garage and make arrangements to assure emergency
access by public safety vehicles.
c. 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.
e. Applicant shall provide a minimum of one (1) stop location on site for service by
the HUITyCane shuttle. The shuttle stop locations shall not interfere with SW 57th
Avenue traffic. AIl 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 tmnk 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.
i. 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).
J. 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.
1. 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 oflocations 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.
r. 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.
s. 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 819310.1 17326021531 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.
1. 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 fund
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 Jmpact
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 ratificatiori 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 819310,1 17326021531 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. Concurrency 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 t):le application for site plan approval
meets all concurrency regulations enumerated in Section 20-4.1 ofthe 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 Reqnirements:
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 IS-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 ofthe Applicant. Applicant represents to the City as follows:
a. The execution, delivery and performance of this Agreement and all other
instruments and agreements executed io 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 ensure that this
Agreement shall remain in full force and effect at all times.
e. Applicant has the financial capacity to payor advance in the City all fees and
payments as required under this Agreement.
MIAM1819310.117326021531 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, FI. 33143
Copy to:
Planning Director
Planning and Community Development Department
City of South Miami .
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI 819310.11 7326021531 9
For the Applicant:
Codina Development Corporation
Attention: Kolleen Cobb, General Counsel
355 Alhambra Circle, Suite 900
Coral Gables, FI. 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
perfonnance of any covenant, agreement, tenn 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, tenn or condition. No covenant, agreement, tenn, 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, tenn 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, tenn or provision of this Agreement which, in order to
be effective, must survive the termination of this Agreement, shall survive any
such tennination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27. Periods of Time. Whenever any detennination 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 Agreement. This Agreement sets forth the entire agreement betweeo the
parties hereto with respect to the subject matter hereof. All agreements,
covenants, representations, and warranties, express or implied, oral or written, of
MIAMI 819310.11 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 #2d, 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
______ ,2006.
MIAMI819310.I1 7326021531 11
IN WITNESS WHEREOF, the undersigned party has agreed to this Development
Agreement dated as of the ~ day of OQ);j/::>lr ,2006.
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
Codina Fairfield I, LLC, a Florida limited
liability company
By: Codina Residential, Ltd., its
Managing Member
By: Codina Residential,
General Partner
By:
Nmne: __ ~~~~~~~~ ___
Title:
The foregoing instrument was acknowledged before me this ~ day of Od1i!;,.,r-,
2006, by Jose 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 is personally known to me or has produced a State of driver's
license as identification.
My Commission Expires:
MIAMI 819310.11 732602I53[
Sign Name: ~f I ~,
Priot Name:o·ft;;u CO:, lopf!b
NOTARY PUBLIC
Serial No. (none, ifblanlc): _______ _
[NOTARY SEAL]
12
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL 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 lifUt. day of cOci ',2006.
ATTEST:
~ QlJ#JiLRA'I£< ,-'
C CLERK "7
Maria M. Menendez
STATE OF ?UNda. )
• . ) SS
COUNTY OF 1ft Ot m i-[Mde)
e foregoing instrument was acknowledged before me this 13 l..!tday of f1:1:t:....., 2006 by
;t"tW,t1I2U.L:.1'Ll,lL/'!J.iJ"te.¥, ---of the City of South Miami. and attested to by
lI1ariCt )1, Il1eneJ1Je ~ City Clerk, of the City of South Miami who are (/5) personally known
to me ark-) produced a valid driver's license as identification.
Notary PUblicr=Y~ _ /l ==~'
Sign Name: \.d!l2.~(2' ~
Print Name: ____ · _____ ~-----'.
Maria M. Menendez
My Commission Expires:
Serial No. (None, ifblank):
"NOT A R IAL SEAL)
4""<P,.,. MARIA M. MENENDEZ ~.~ MY COMMISSION # DO 271979 "'?!JH\.~ EXPIRES: Maroh 16,2008
l-soo-..~NOTARY FL Nma.-y Di:!lcOuntAs:S:oe. Co.
MIAMI 819310.11 7326021531 13
MIAMI 819310.11 7326021531
EXHIBIT "A"·
LEGAL DESCRIPTION
14
EXHIBIT "A"
LEGAL DESCRIPTION
COMBINED LEGAL DESCRIPTION OF ENTIRE LAND:
Parcell:
All of Tract I, 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.
Parcel3:
The North 132 feet of the SE Y. of the NE Y. of the SE Y. 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 y. of the NE Y. of the SE Y. of Section 25, Township 54 South, Range 40 East.
Parcel 4:
That part of the SE Y. of the NE Y. of the SE Y. of Section 25, Township 54 South, Range 40
East, described as follows:
Begin at the SE comer of said SE Y. of the NE Y. of the SE y.; thence run West along the South
line of said SE Y. of the NE Y. of the SE Y. for a distance of 185 feet for a Point of Beginning;
thence run North parallel to the East line of said SE Y. of the NE Y. of the SE Y. for a distance of
ISO feet; thence run West parallel to the South line of said SE Y. of the NE Y. of the SE Y. for a
distance of 100 feet; thence run paranel to the East line of said SE Y. of the NE Y. of the SE Y. for
a distance of 150 feet to the South line of said SE Y. of the NE Y. ofthe SE y.; thence run East
along said South line of the SE Y. of the NE Y. of the SE Y. for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
ParcelS:
The North 180 feet ofthe South 330 feet of the East ISO feet of Tract I, 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.
{FT212184;15}
Parcel 6:
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 of285 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 ofN ortheast 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 fora distance of75 feet to the POINT OF
BEGINNING, Less the South 25 feet for public road.
{FT212184;15} . -2-
EXHIBIT A
Legal Description of Land
LEGAL DESCRIPTION
PARCEL No 1
ALL OF TRACT 1 OF THE REVISED PLAT OF "FERNWOOD", ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 35. AT PAGE 72 OF THE PUBUC Re:CORDS OF DADE COUNTY, FLPRIDA LESS JHE .
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 Ft:ET 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 No 2
EAST 75 FEET OF THE WEST 175 FEET OF THE SOUTH 125 FEET OF REVISED PLAT OF "FERNWOOD ..
RECORDED IN PLAT SQOK 35 , AT PAGE 72. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL No :3
THE NORTH 132 FEET OF THE SE )4 OF THE NE )4 OF THE SE 14 OF SECTION 25. TOWNSHIP 54 SOUTH.
RANGE 40 EAST. tESS THE NORTH 25 FEET OF THE NORTH 132 fEET OF THE SE }4 OF THE NE 1/4 OF
THE SE)4 OF SECTION 25 TOWNSHIP 54 SOUTH, RANGE 40 EAST.
PARCEL No 4
THAT PART OF THE SI! J4 OF THE NE 14 OF THE SE 14 OF SECTION 25. TOWNSHIP 54 SOUTH, RANGE 40 .
EAST DESCRIBED AS FOLLOWS: BEGIN AT THE SE CORNER OF SAID SE 14 OF NE III OF SE }4, THENCE
RUN WEST ALONG THE SOUTH LINE OF SAID SE 14 OF Nt: )Ii OF SE 14 FOR A OISTANCE OF 165 FEET FOR
A POINT OF BEGINNINO: THENCE RUN NORTH PARALLEL TO EAST LINE OF SAID 5E 14 OF NE 14 OF SE 14
FOR A DISTANCE OF 150 FEET; THENCE.RUN WEST PARALLEL TO THE SOUTH LINE OF SAID SE )Ii OF NE 14
OF SE 14 FOR A DISTANCE OF 100 FEETt THENCE·RUN PARALLEL TO THE EAST LINE OF SAfD SE 14 OF
THE NE }4 OF SE 14 FOR A DISTANCE OF 150 FEET TO THE SOUTH LINE OF SAID SE 14 OF NE 14 OF SE 14:
THENCE RUN EAST ALONG SAID SOUTH LINE OF SE 14 OF NE }4 OF SE 14 FOR A DISTANCE OF" 100 FEET
TO THE POINT OF BEGINNING. LESS THE SOUTH 25 fEET FOR PUBLIC ROAD PURPOSES.
PARCEL No 5
THE NORTH 180 FEET OF" 'rHE SOUTH :)30 FEET OF THE EAST 150 FEET OF" TRACT No 1 OF "FERNWOOD",
,~ SUBDIVISION RECORDED IN PLAT BOOK .35, AT PAGE 72 OF THE rUBUC RECORDS OF DADE COUNTY.
FLORIDA. TOTAL ACREAGE 6.8 ACRES MORE OR LESS.
=
:
CITY OF SOUTH MIAMJ
PLANNING BOARD
Special Meeting
Action Summary Minutes
Wednesday, January 5, 20()5
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to_ the Flag
Action: The meeting was called to order at 7:38 P.M.
Action: The Pledge of Allegiancewas recited in uruson.
ll. Roll Call -
Action: Mr. Morton, Chairperson, requested a roll call.
Board memberspres(mtconstitllting a qaol Ulll. Mr.M[aocr1rt'Oon;n;-:l]'d.f:&s.,-jG3-iifb>sse61li'i;,---~---___ _
Ms. Yates, Mr. Liddy, Mr. Comendeiro, and Mr. mas.
Board members absent: Mr. Mann
City staff present: Don O'Doriniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Eve Boutsis (City Attorney), Brian Edney (Video Support),
and Patricia E. Lauderman (Planning Board secretary).
llI. Administrative Matters ..
:Mr .. O'Donniley informed the Board that Ms. Annie Betancourt, a member of the
school board was present He explained that in accordance with an interlcical
agreement relating to intergoveIIlI)lental 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'Douruley also addressed the agenda for the January 11, 2005 regular
meeting. He noted iliat the agenda will contain two proposed moratorium
ordinances. In addition, he stated to .the Board that ill February the reorganization
Planning Board Meeting
January 5, 2005
Page 2 of6
of the Land Development Code,will be coming back to the Board for further
reVIew.
IV. Planning Board Applications / Public Hearings
Chairman MI. Morton swore in. speakers
PB-04-022 (deferred from November 30, 2004)
Applicant: Codina Development Corp.
Location: .6600-6640 SW57th Avenue and 5757 SW 68 th 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 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 409 MULTI-FAMILY
RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING
GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDlNANCES IN CONFLICT; AND PROVIDlNG AN EFFECTIVE DATE ..
Applicant present: Mr. Jeny Proctor, Esq (Applicant's representative) .
ACTION: Mr. Morton read the item into the record. MI. O'Donniley presented the
staff report. He explained that the applicant is requesting appi:oval of a
. Development Agreement for a 7.01 acre property. The proposed deve1op=nntfCtteerlbxe:-----~-
caned "Red Road co=ons" will include residential buildings , parking, 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.
MI. 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
Plamring Board Meeting
January 5, 2005
Page 3 of6
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'Donn.iJeyprovided a summary of the major provisions in the proposed
development agreement. The major provisions are listed below.
.. 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 tum 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 rentals (p.3 -No. 2f);
• All 15 of the conditions approved by the PlaniJing Board as part of the master
site planreview 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 (PAc No. 6)
The Board decided to gopage-by-page and discussed any issues they may have
questions on. . .
Page 2-Chairman Mr. Morton pointed out that in Item 1 (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(Ietter 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 eannarked in a
special fund for spending on capital improvements to park and recreation facilities
the City." He inquired about bonding the amount of 83 8,000.
Page 3-Mr. Liddy inquired about the calculation of affordable housing, m
. reference to Item 2(letter f) which relates to housing.
Plannmg Board Meeting
January 5,2005
Page 4 of6
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.
mas requested to change in the sentence that the applicant must provide trees with a
minimllln 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 dumpste,s be provided in the sentence:
Page 4-In item 6; titled Schools, Ms. Anne Betancourt addressed the phrase
"regarding purchases" found in the second sentence of Item 6. She explained that
the phrase is no longer applicable and that it should be omitted. The sentence
should now read asthe following: "Decisions shall be made jointly by the City and
School Board, and funds 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.
YveHfie Beckman. 5871 SW 83 Sf Opposed
Ms. Beckman mquired 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 Sf. . 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.
PJamring Board Meeting
J!IIIllJU}' 5, 2005
Page 5 of6
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 dne to lack of a second by a Board member.
Motion: Mr. Comendeiro motioned to deny the development agreement. Mr. mas
seconded the motion.
Vote: Ayes 2 Nays 4 (Mr. Morton. Ms. Gibson, Ms. Yates, Mr. Liddy)
The motion did not pass.
Motion: Ms. Yates made a motion, seconded by Mr. Liddy, to reco=end
approval of the development agreement as amended, subject to the following
modifications.
1) Page 2, Item l(b) the word "may" will be replaced with the word "shall."
2) Page 2, Item led) needs to include the square footage of the co=ercial space.
3) Page 2, Item2(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(i) Housing-five (5) perceI!t up to ten (10) percent, shall be made
available to the affordable housing group; if the project is conve.."1:ed to
condominiums the same percentage applies
5) Page 4, Item 5(e) the sentence .should read as the following: "Applicant shan
provide stop locations on· or adjacent to the site for service by the HurryCane
shuttle and should not interfere with SW 5i Avenue traffic and attempt to
coordinate with the South 1I1:iami Trolley system. .
6) Page 4, Item S(i) 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 mininium 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 shan provide and maintain a six-foot high CBS wan
between the project and the remaining service station.
8) Page4, Item 5(k) in regards to the full yard dumpsters the actual dimensions of
the dumpsters must be provided.
9) Page 4, Item 5(1) sentence needs to be expanded in order to include all street
improvements.
PJamring Board Meeting
January 5,2005
Page 6 of6
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 shonld 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 occupancy (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 I (Mr.llIas)
v. Planning Board Work Program
None
VL Approval of Minutes
None
Vll. Remarks
n.6re..were no remarks
VIll. 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 .
DODISA Y/pe]
E::\PB\PB Minutes\2005 Minutes'IPB MINS l-S-OS.doc •
NOV, -'03' 04 (WED) 14:40 , BILZ1N SUMBERG
F,S.2G03 , INTERGDVI:ANMcNTAL PROGRAMS Ch.l63 .. ! . Shart tltl.; fsgl.laltve 10Ient.-' -.II
pie acting. motion, or olnar papel, inc/url/ng a reason-. 153,3.2201' fJli 153.222(1.16a.3243 may /le O.ltBd ~s
.bl. aHomsV. f... (1) S!f"'D~oc.1 Government Osvelopment Agree-
(7) 111 'my proe.od'lng undarsub •• ction (2) or sub-jhe "Flo,;'" . -
seclion (4), no settlsment sheR b;.! .nler.~ inJo by the men! AM' • i5!iiturs finds and declals. th&t
loeel govemmsnl unless th. terms of the s.UI.m~nt (2) TIt-~c~ pf ceJtafn!y in the approval of develof!"
I
i
have peBn !he sJJbjeot of a publio hoarlng after not,ce ia) ThB sJllI in a wasta of economIc and land
•• requlracl byfhis part. , mBnt can '~I.C"urOg. sound c~pila/ Improvement
, (B) In Any prooeedlng under 311Dseollon (S) or sub· ",so'!ws •• d ~nsncing, e,calale tho cosl of housing s.ctio~ (4), Iha.rjep~rlment of Legal Alfairs moy inter· planning Sf .nl, ana di.oo~l'llgs commitment 10 com·
vena to represent the IntafBsts of /ha state. and d.v~/oP~ning, . .
(9) Nanhe, subs.clion (S) rlor SUb'BcHon (4) pmhens/Vs P;aJ1l" to a dc~,,'oPQr tbat upen r.""!?l 01
mllav •• l!)e local government 01 Ill' obligations 10 hold fh) Assu ".fopmenfpe~ or brOW1'tflei9 Qe.!g~a.
pubuc ha"rlngs a$ reaulrad /ly law.' hIs or her de 'af proeeorl 10 'lbcoreancewllh el<Jsting
HlSIDr)'.-8. 18, eJL SS-SQ;.L SI11. ~ Jl5-1ofi': l. 10, ch. U1Q2-'S!L lion he or .s~e ~Sl subject to the ooncfltioo::;: of a davs!-<~'.'Z17 laws and poliG ment. str.ngthens the publio planning ,~ • Munlolpal overlaY lor mun/c/pallnoorpo-"pment agIos ages .o~nd capital Improvement plan.,
mlan.-p!oca.s, encour/ll g• as.islS In a.surin~ there are ade-
(1) PURPOSE.-In order to aSJ~isl in !he planoin 9 nrng and ~n.n~»if/e. for !he clevelopm.n~ enoourages
lor )"!Ure /11ljniclpal ineolf'l'ration aI a s~.ciflc !ifea.. q~.to cap~ ',. _t/on in comprehensive planning, and
,graphla !II'Ila, B. county mllJl ac/opt • muniolpai over!ay pnvatl/ pill1lc p" olllia costa of development aBanarnenQmemtoiflicompr.hsn~jv~pIIJ!LAm"nlcl-'rsduc.stha.oO~ifY with. in flIJ'the/'atlca of. and to
pal olfen..y wiU allow a county, in cooparatlon WIth Ihs . , (~) In ""nfe Local Governmenl Camprehenaive
p!.lblic, to address Iha future possiP/e municipal [ncor-1I11pl0!Dsnt the od Developmenl Regulation Act and
poration 0/ a sp.cifjo geographic arOij nnd the tmpeolol Plannrnp an~}acomprahensiVa Plannfng Act of 1972, ,.
municipal incorporation on the provh,iDD 01 publiC ear-j~eFlorid. s""e"" UJgislaturo to encourage a stronger
vloeo to sarve the ars.. . . Ills!h~ Intent oJ Icornprooan.jva .nd oapital facilities
PIlEPAIlATION, ADOPTION, AND AMEND. commitment 10 the provision of adequata.publfcfaciJl-
OF THE MUNICJPAL OVERL.~Y,-, . planning,an sure en~ enoouroga the. sflfelent usa of
,This .sellon apPileson/)r In thos .. Junodlc· rlas tor dave/op!11duca Iha economic cost of develop-
lila counly has' authOrl,:eci, by rsso!U!lon rasoun;as, ancl ra
or,litiancs. the develOpment at. amurylclpaf ment . by Quthoriz1ng local gov-
provisions of thiS eacnon. A , (4) TIils agrsements wHh
thai emmsntS '-
~~:,~1~~~fu~:~;~~t~,~:~ a~e· notb.reQ~~eQ 6Cme or all of a exi51~g. 1P'1:~~C!I. lIK.,.'<t7i,ll..!t,dI.IlQ-37a.
HlolJf7.-L 1li.z:tI,a6-.
. , dS Loo~1 Government Dev.topmem
j53J2Z1 Flodrl finWOns.-As used in os, 1ft3.322D-
Agreol11.ot Act • ,
. 163.3243: lei designation' means .. r.sol~tion
. (1) ."Btownije ~al government pUrB"~nt 10 tho
adoptsd by a 10 elopment Act. M. 376.77-:376.85.
Brownftelds RedBVnsive pla;\' melln. a plan adopted'
(2} ·compre"." DCa! Government GomplBhensive pur.u~n! to the ; Development Resulalion Aet.'
creatic,nol Ihe now Planning and laI'I ., means any pernon, includi~g a
(3) 'Develop.r", undertaking any dev.lopment
A . Bt~dy as aJJflin_1! in chap!sr 1,65. go"ammental agan nr ",."ns·!he carrying out of any
A map of existing ~na piopo •• d land USOB In the (4). 'Pe,:,"!apm" jllIng Dpara1lrlJl. the making 01 any
by type "l'Id Clan_fly. blJlld/~g ao5>'Jty ~( 0;; .. us. or appe,ranee or any sb\to-.
PopUlation proJections for Ih. are". , m'JIenal change In.t dividing of lana into t~r.~ oJ mete
Data and .. nslYsi! relating to ths prov/slan of ... fur., or.!~n~,,or t~......... ' .
, .JeoR/flbs f,?T Ihe are".·---' -_..... " paroelS, . 9 actMlie~ or USB. shan be !.!Iken
• --(4) FUNDiNG OF THE MUNICIPAL C)VERLA Y.-(e~ TIt .. follOWlr this eel to involVe 'Qavelopmenl':
. ~. ile~./opmBn! of tho municip~r overlay shall b", fOil. pUipCSBS ~tIDn. alie",tion of tha size, or rnat.-
b <holt by 1M !lOunly un/a." thor. is written ~gr.em.nt rial' . A r.;:o,/:t @srnal.ppaaral'lc, of a siruetur. on ~t:eBn /he counly ane( anotnsr enlify to fund I~ 'land change Tn I a Qr,(~ 'tl ..m. ,I1G-11ft. .
1431
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P.002/005
NOV .. -03' 04(WED) 14:40 B1LZ1N SUMBERG P. 003/005
g, . A change inlhe1nlensify of use of Ilind, such as 01 an incorporated municipality.' or any otiler chief ~"v.
an Incr .... ,In 1I1e number of dwelling units In a slrua-erningbodyola unilaflacelgovetnmant, however de._
lUre or on land or. maleri.1 increase in the n~mb8r of ignaled. .'
business.t:, manulecturing establishmenls, offices, or (7) "Land" means !he earth, W>1ler, and air, above
dwelling oTdl. In a .lmcture or on land. below, or on the sulf.ee,. ant! inoludes nny improve:
il. AIt~ralian' 01 a shore o( bMk of a se.coast, menls or .tmoturss customarily regarded as land.
rivar, slreom, le~e, popd,or "anal, including any 16) "Land devalopmBn! regulal;ons" mean. Ordi-
"coaslal conslruclion" as defined in s. '6,.021. nances enaclad by governing bOdies tor the regulation
4-. Commencamenlof drilling, except to obtain soil 01 any a.peel of development and inoludes any 10c.1
samples, mining, or excavallon on a paroel af land. govommenl %ooing, rszoning, subdlVlslon, bunding
5. Demolilion of a slJ1Jcrure. consuuolian, Dr sign ,egulalions or any oiher regula-
6. Clearing of land as an adjunot of construction. ~ons oontrolling the developmant at land.
7. DaiJosit of refuse, solid or liquid waste. or fill on (9) "Laws" means all ordinances, resolulions, ragU-
e parcal a I'nd. lations, compreh.nslve plans, laM davelopmenl rGg~-
(a)· The-follOWing opera lions or Uses shall not be lations, and rules edopte~ by a Iocat govemmenl ~ffecl~
taken jor 1t1. purpose of this ect to Involve "davelap-ing lhe tlevelopment of land. .'
men!": (l 0) "~pcal govemmanr means any ,",unty Or
i. Work by • high\'iay or road agency or railroad municipalily or any spe~ial district or lacaf govemmen-
oampanylorthe maIntenance or improvement of a roed tal entiIY eSlabflshed pursuant to law which e)!Brelso.
or rolIroacl 'lJ'aCK, nlhe work is carnedout on land within ",guletal)' authority over, and graols development per-
the pound!lrles of the riQlll-of-way. milS far, land developm.nL .' . . .
. 2.. Work by any lllility and olher parsons engaged (11) "Local planning agency' meanS. 'Ihe agency
in lho d'IWjbulion or transmission at gas orwalar, for dasignaled to prepare a comprehensiVe pl;tn'Or plan
the pUlPosa of inspeciing, "'pairing, renewing, or con, amandmatJtpq)'Suanllo lhe "Florida LoealGovemmanl
structing <In establisped rights-oj-way any sawars. Comprehensive Planning and Land Davillopm,;'nt Rag-rn~ins, pip"., cablas, UlIIIIY lunnels, powar 5nes. tow-ulalian Ad' .
ars, poles, rraoks. or lhe Jiks. . ;~;~~~(1!2!)~"?!e~r!.0!n!'im!e1a;n~s~~~~~~~~~~_ ~. Work for the maintenance. ~~~:ew,aJ, inlDftwe· business or land trust. r:---;~~~~~~~~~~~~:~ilijVOfalft6"
t!~~~\~~ any pUlpo.e . incidental ta walsr, !: •• 01 the dwalfing. .
usa of eny land for ih. purpose of growing ~nd hseUh systems
plants, ClOPS, trees, ,md'other agriouliural'or forest'!' (4) 'S I I d .'
Products; r.ising rJVestock; orior of her eg(icuJjqralpur-1 Ie e an planmng a~ency' means the D.partment of Community Affair •.
pOSSEI. . HIBtnry.-'li. 20, Iih. an"p'l::' d. m.lla.l~ J:.. at Ph. IIIHi7j!. . 6. A change In use of land o( Sliucture from a usa
wahin 8 eJ"". "Pacified in an ordinance or rul. to. 103.3223 .Appilcablllly,-Any IDcal govomment
another us. in tho same olass. mey, by ordinance, ostabli.h . and r~qulre.
7. .~ chango in lh. ownership. adonn of ownership menr;,.s praviaea In .s. con-
of sny PQfa.! or struclulS. . ~idor and enler lnjo • sny
B, The creation or lerminalion of rights 01 access, prop-
ripartan n·,hls, e.semants, covenants cancaming
developmBn! of land, or olh_r rig!)ts in'Iand.
(e) 'Dev,lopmant: a~ design.led in an ordinance, ~~~~~~~~~~ rula, or development permillnclude. all other dove lop-. ~
men! ouslcJmarny ,ssoci.lerl wfth It unless olherwl.. 1~~~~~~F~~~~~~~~d:~~~~~~: spoomed. Whan appropriate 10 the canleld, 'develop" ~
menl' refels 10 the act of developing or 10 Ihe rBsull of
.. 1. #~~~~&W~m't~e:~~~c.~ji~:l 01::~gn9fr~;gti~~~:.. . ..... __ ....
when part I)f olher operalions or aclivities, Is nol d.vel· a davelopmenl
0plTl.n~ P.efar.tlOo to partioular operallons is not .pe . . ~ppr"";mat.ly 7 days
Intanded It nmK the generality of this sub.eellon. p~bhe he.nng m 0 newspaper orga~eral
(5) "D.valopment permir inoludes any building and readership in the oo~nty wha(a ihe local
permi!, zor,ing permit. subdivision approiral, "l'aning. gavernmenl Is local.d. Nolice 01 inlant 10 consider.
oertifioaliorJ, spaeml ~.ceplian, YarianCS, or any oth'r doval'pmenl egreement shall also be mailed .to all
ofllolal aoH,)n of !oeel governrnen! haYing the aflecl of .ffecleo property owners belore the first publio hearing.
permitting Ihe dSVlllopmant 01 lend. . The day, lime, and piece at which ihe second publiC
. (6) "Governing body' me.ns the.board of counly hearingwil/ be held shall b •• nnouncad.1 th-first p~b
commissioners of a co~nly, the cc""mlssion or council lie Paarlng.
1432
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NOV, -03' 04 (WED) 14 :41 B I LZ I N SUMBERG
F.S.2D03 JNTEAGOVERNMENTAL PROGRAMS . Ch.1s3
(b) The notice shall bpSGiIy tho laoanon of the land
subjeol !e Ih.· tlavelapmenl agreament, Ihe pevefap-
ment use. proposed on !he prep"rty, the plOpo.e~
population denairi .. , and tne propo.ad PQilQing intensl-
oes ane nelaht and _hall specify a pl."e where a coPy
of Ihe propo,ad agreelTlent OBn ba obtainad_
HllitllJY.--L 22,ch. 1Ig...IO~.
consistenfwHh the local gov.roment's comprehensive .
. plBnend land dBvejopmanl ragulations.
HI4I.t1tr',-L!!S. th. Jl./).1Q1.. .
153.3233 Local laws and pollelea govornlng •
daYslopment .gre.mBn~~
(1) Thelooal govemmonl's faws and pollci.s gov-
6mtng tho developmant of the land at the Uma of the
""aoQUoO of the dev.lopment agreement shall govern
the devalopm.nt of .fhs /an~ for tlls duratfon of lile
163.3227 R_quiram.nra of • ollv.fapman! ag",6-
m.nt...;.· ..
(1) A development agnaemem shaJJ inclQd. Ih. rof-development agr •• manl. .
lowIng; . .
ra) A logal de.cnption of /ha filOd sUbjeot to the
.9reem.n~ .nd Ihe n"",es of il> IIlgal and equltabfe
owners;
(2) P, local aovemment may apply swbe.qu.nlly
adopted faws and pollele. to. development that III sub-
ject 10 a devefopment ogrJOement only If !he focal gov-
ernment has ~.Id a publio h •• ring and determined: . (b) Tha duration of the agr •• m,·nl;
(c) Th. developmant uses parrnllted an thaland,
inclucling population den,i!ies, and building inlsnsities
and height; .. . .
(d) . A description of Pupil" Isollilia. that will service
the development, IntluQing who .hall provide such
joolliUes; the cjate any new facjij~es, if needed, will be
cons!tucled; and a schodule to asSyre pupllc fecllitlss
are available concurrenl with tho Im~.cJs of the devaf-
opment;. '.
(0) A desoripfioo of any ""o"",flon or dedication of
land fQf public pu!po.es; . . .
(f) A dast:ripnon of all local d.lIelopment permlte
approved or needadlo be approved for Ihe develop-
ment of the ' .
la) permitted or pro-
corn-
-;!~~;~;,~~~e:~d;~~i:q~,,~~;~~~~:;-~~~ fliifur.···"/-Jhe· al pa,rficlJlar permit. conartion.
or re.trlction shan relieve Ite developer of Ihe
".o~s.JIy ot cDmplying wilI1 ~e law goveming ':'lid per-
mltllng requiremanJS, Dondiflons, leon, or restrlCllon_
(2) A clevalopmenJ agreement miay provide !h_t th.·
entire r:levalopmenl or any phase thereof be ~om·
m.n~ed or comoleled within a specific period of Urn ••
}fI~IIIl'.-L 2.!l, c~ iiB.11'11i ~ D1.ch.lIH~
(a) They are not in conflict with tha laws and poli-
ci •• governing the pevelopmenl agreement and do net
prevent developm.nt ot the land u.e., int.n.ili.s, or
dens«ies in the aave/opmenf agreement .
(b I They ere eS5enti.1 to tI1e public health, sat.ly,
or weW.ra, and expressly stete lh.t they shall apply Ie
a devalopment that is subJeat to a dev.lopment agree-
·men~ .... . .
. (c) They are "Pscltlcally antlclpaled and providmd·
forin the d.velopment agreement
. (d) The local gov9rnmen1 demonslralas that sub·
stanaa! changes have occunod In pertlnsnt conditione
e.I'IIng at the lima of approval oi the cl.velopmant
agreement; or .
la) The devslopmen! agr'ainant is based an sub-
stanlially inaoourala inform.ation supplied by the deve.
oper.
Thla .eotlon does not abrogate aliy rfghts that
to cammon law •
. 1S5.aMS Parfodlc raT/lew of a davela.2!!lanl 'srae-mont: ~ InCic'al'giiverirriliiiiisnall'iivlSw l!il'id~ubj"clJo
e development agreement at le •• 1 once evelY 12
months .to determine if there haG boen demonstratad
good talth compliance with !h. tarms of the devefop·
ment agr.emant. For .ach ennual review oonducted
during yea", 6 through 10 01 a development agre.-
m.n~ the feview shall b. incorporeted io!o ~ wriHen
report wnich shall b. submitted 10 Ihe parties 10 the
agreement and the aIala lonti planning liJ:lsncy. The
153.3229 pural/Qn 01 R devslopme"! .grssmsnt SI.", lend planning .genoy shell_dopt rules rseaming
.nlf relationship 10 local compral1o,naive plan.-'The the content. ojthereport. provided that the napor! shall
dUtllfion of Ii devefopment sgreemer,t shall no! exceed be Umiled to the information sufficient to determine the
10 ysars. It may b. a>:tandetf by mutuel consent of the exlent to which the parnes are proc.eriing in gOod railh
Qovemfng body and !he dev.loper, lIubjeclto a pUbnC 10 comply with !he looms 01 lhe d.velopment agrea·
hearing in IIcDord.nce wilh s. 1/;3.3225_ No develop.. fl1en~ If!helocal govammentflnds, on the basis of sub-I mant agreement shatl p. effective or be Implemented slanH.1 compelenlevidenoa, Ihat fhera h"" been II t.il-
by a focal gDvammant unless !j1a le,cal government's urolo Domplywilh the lerms 01 the developmenhgree-
~Dmprehensive plan end plan amendments implsmsnt-m.n~ the agl1!amen! may b. ",vokaa or modified by
I 109 or ",Islad to the agre.ment .re fOIJnd in compliance lh.local govemmenl. . I by !he stata land planning agoney In ~,ccara8nc. with •• ""'."'.-.27 .... ,~,.". ' ....... ,"-
._.),--1~~7J.~2U~~~;,t;,7.k"~,·i,~~3~~l.l~·"'i"· . ... . -·j53:3237· ·":iiiai1dm.itliir -"ano.if.ifbn 'cir ~ -d.v.i~
. . . . opm.nl '!jreament -A cjevolopmanl agreemenl moy i la!fi~.a2~1 Conslst.noy with tho comprohensiv.· pe .mandlldorcancsled by mUlua! ooneanl of toa p.'.
P n and land davalopment regufatfans.-A develop-110$ to tlw agre.mant or by Iheir successors in· inter,,&' Ili~nt agreement and auulOrlzed dav,.loprnanl shall be ""'OIV,-... ... " ,,,,,. -
14-'33 .
p, 004/005
NOV. -03' 04iWED) 14:41 BILZIN SUMBERG P. 0051005
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;;:c"'h.'-.!1"'63"-_______ --'IN"-T'"'E"'A"'G"'O=VEfiIiMENJ AL PROGAAM~_
.163.32a9 ilecDrtfing and effoct/voness of a aeva1-
opmonl .gr •• nlenl.-Wnhln 14 days after ~ local gov-
ernment en£am inlo B dBveJopmanl agraememl, the
local governmenl sha/l rscord Ihe agr •• menl with Ihe
clerk 01 Ih. eire un court in Ill. counly Where the local
government is blt:Sted A copy 01 tne reoorded develop-
menl agraemonl ~han b. submitlEd 10 tho stat. land
planning agenci w)1!Jin 14 ""ys ailer the apl"emonl is
reoorded. A development agreemanlsh.n nol be effec-
live until il is p")poni recorded in fh. pUblic rocords 01
Ihs county and 11nti/30 days allsr having be.n recaiveo
by the slatolam! planning agency pursuanf to this sec-
tion. The burdens altha dev.'opmenl agreement shall
ba binding upo~, and Ih. beneffts of Ihe agreamenl
shalllnlllele, al. suooessors in inlereSlle the partias 10
!he agr •• menl
Hjall:lry~ 2~ ch-1$·lallli.13,.cb. Q2-1211
163.3241 M,<llficalien or r.vDcation of ~ develop-
ment agreomanllo ~omply with subsoqu.nUy e""'le~
stale and .Iederal law.-II slOle or f.daral laws are
enacted siter the exeoution of a development agree-
men! which ara applicable 10 and ~",cluQa the parties'
compliance wi1/'. the lem" of a dovelopment agroe-
ment, suoh agreoment shall be mOdified or revoked as
is nacessary to comply with tho ",levan! slate Of rederel
laws. ... ,
J"dllIQry--'. 3D, M. a.3-1St.
mancas u it i. datamlinad that Ihe plan would lurth",
the pwposes 01 thi. pan and part I 01 chaptor ~80
Preperafion 01 an optional seelor plan is au1horiz5~ by
agreement batween lile state land planning agency
and Ihe applicable local govornmants under.
163.3.171(4). An opllonalsector pl'ln may be aool'fe~
through one or mora comprehensivE! r.>'aUamenomenls
under .. lSS_31B4. Howevar. an optional "eolor pilln
may nol b. aul!Jorized In an ''''a of critioal .tate COh_
cam.
(2) Tho sl.le land planning agency may enler inlo
an agrsemenllD aull1DriU! prsparaiion of an opUon.1
sBeler plBn upon lne requaBI 01 ~ne Dr more local gov-
.mman!. based an ODnslosra/lon at problems and
opportunili"s pre'snlad by axisling davelDpmehl
. trends; Ihe sftscffveness of ·ouITsnt COmprehensIve
plan provisions; !he pOlemlal 10 further !hB slat. DOm-
prahenslv. plan, applicabl. strafegio region.1 policy
plans, fhis part, sod pari I of chapter 3BO; .mctthasa lao-
lars identified by s. 1B3.3177(10)(D. The applicable
regi=1 pl.nning counell shall conQuet a scoping mee,.
ing wilh attecfBd IMal govemmen!s and thD" agon.
clas identified in s. 163.31 B4(4) before axeoulion 01 the
agraament authorized by this setticin. The purpl>$s of
this mseling is 10 assist the state lancj planning agency
snd the locol governmsnlln the idemifloalion af Ihe rel-
evan! planning issues 10 ba addressed and the Q.1a
and ",souroes avallable !o assist in the . of
1a~.S243 liniorcament'Any PartY, iiIly aggrieved
or adversely "ffeelad person as defined in S.
1 S3_a215(2), ortils slate land planning agancy mayflle
en action for injunctive relief 10 the pifdun court whera
lha . gov~mrn.ntis Joe"l.d to enlo",o !he .. Toms or
subSequent pJan amendmen!s.Tha
. council shall make wollen
stala JlInd planning
ments, including
would be
163.3245 OPllPhal".olor plan •• -
(1) In ",cognition of the benefits of cono.plua I long-
range planning fClr the buildoul 01 an area, and detailed
. planning lor specific areas, a< a d.monstrafionprojec~ agceeman! U~I;~,~~~:,~~~~o~~.:~~~~~~J:ri: Ihe requiremenl' Dt e. 3BO.06 may fle .dd,e""ed.s shall holo a d
idenlined by thfs section for up 10 flve looal govem-""plain to the !he optional sector planning proc··
Inenls or combinations 01 toeal governments whIch ess and Ihe and conditions of the proposed
~dopt inlo Ihs comprehen.11Ia plan an option"1 seclDr agreeme~~ The local governmeiJ! shall hold. duly
plan in accord_nos with this seclion. Thi. section is octi~ed public nearing 10 a""Guts the agre.ment AU
lol.ndedto turlh" the-in!sn! of s. 163_3177(11), which me.Ungs belween the department an!! tile local gov·
supports innovali'!e and fleXible planning anCl develop' sromenl must ba open to Ih. publlc. . . .
men! slrategjss, EJnct tho purposss of this part, an<j pan (3) Optionel sector planning encompasses two leV-
I 01 chapter 380, and It> ~void dupflcation of effort in ais: .!lopnon undar B. f 63.S1 a4 of a oonceptuallong'
torms of the level ot data and analysis rsquireo for a 1.e'l11 buildOui. overl~Y to the comprehensive Plan. ,hav-
developmenl of ,'aglonal imp.cl, while ensurin~ lIle iog no'immediate etrect on the ISSUanCB of develop·
ad.quala mHlgallon of Impacls 10 applicable regIonal . ment orders o( the applicabmly of S. 3BO.05, and eri0I>-
re$Qurces andf!'lcill/ie., inclut:lJng lhasa willlin tha juris-fipo under •. , 63.3184 01 oelail.~ specific araa plans
diotion of olhOr 101;.1 govamments, as would olhelWise thai implomant !h. coneeptual long-Ieim bui/dout over-
_ J!/!.P.r,I~l!t¥>~LQp[[Qn~I.§~~I(1r pl.n •. are.Jntencted lor_ . lay ~n<! authop.e issuance af-clevelopmenl·ortf9r~, and -.
Bubstanti"'-geogr.;phic a," ..... including al least 5,000 wilhln which S. 380_06 is waived. Until suoh time 8$ a
aor.s 0/ one or more local governmental jurisdlolions de!aned "pecine area plan is adOpled, Iha unoerlying
and are to emphasize urPaniorm and protet~on of luture land use deslgnallon. spply.
regionally algnlfic.nt [Ssources anef la.ifili& •. The slat. (a) . In addilion Ie the other requirements of ihls
land planning egency may ep'prove optional •• ctor . chapter,·. conoeptual long-term bu~daut overlay musl·
plans or I.~. Ihan 5.000 acre. basad on 10001 ci",um-inoluda: . .. . .
. 1434
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MIAMI DAILY BUSINESS REVIEW
Published Daily excspl $altlrday, SURday and
legal Honday&
MIami. Miami-Dada COUIlty, Florida
STA iE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oalh says that he or she Is the
SUPERVISOR, legal Nolices of the Miami Daily Business
Review Uk/a Mlami Review, a daily (except Saturday, Sunday
and Legal Ho/Jdays) newspaper, published at Miami in Miami-Dade
County, Florida: that the attached copy of advartisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARfNGS 3128/2005
in the XXXX Court,
was pubJishoo in said newspaper in the issues of
03118/.2005
Affiant further says that the said Miami Daily Bus1ness
Review Is a newspaper published at Miami In said Miami-Dada
County, Ronda and that lhe said newspaper has
heretofore been continuously published in said Miami-Dade County,
Aorida, each dl:;jY (except Saturday. sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Ronda, for a
penod of one year next preceding the first publicafion of the"
attached copy Of edvartisemant; and afffant further says that he or
she has neither paid nor promised any person, 1inn or corporation
any diSco"lJilt, rebate, commission or refund fOffue purpose·
of securing . advertise tor publication in the said
newspape
Swam to and subscribed before me this
1 a day of MARCH ,A.D. 2005
MIAMI DAllY BUSINESS REVIEW
Publish", D<lJy __ pi S.I~rtI.y, Sutlchly"""
tooal "oIId.~, .
MIRIllI. MtGR'JI.D ..... C .... y. FIorld8
STATE OF FLORIDA
COUf'!TY OF MJAMI-tlAlle;
Before the undsrolgnedaulhoflly personally a.ppeared
a,v. FERBE'{AE, who 1111 Dalll SlI)IS!ha1 tw Of she Is llul
SUPERVISOR,LII[}aI NotlQ.as oftheMleml Dally Business
Review IMa Miami Rewlew, aooUy (eKcapl SBtunlay, Sunday
and legal Holidays) nawspaper. publlshai:lat Miami In MiamI-Dada
C!;lLlllLy, FklfIda; Ihal IhEllltt8Ch~dcopy of advertisement,
belllO II Lellsl Advel1lsement of Nolice In Ihe matter 01
CITY OF SOUTH MIAMI
PUBliC HEARING 41912005
In Ihe XXXX Court.
was PUbll~\tgd In said .''1Bwspap'IIr In Ihe Isaue" 01
OgJ31/2{l05 .
AfIlant lurlhar l'lIys 1II8.IIhe said Miami Deily BlI!IlnesG
RevIew Is Do ne'lvSpapoar published al Miami In !:aId Miami-Dade
Counly. Florlda and Ihallha said newspaper hos
hereto/Ofl) bllsn conlL'lUoUSly publlsh&dhl said Miami-Dade Coun(y,
F1crlda, Bach (lay (e~cep! Saturday, Sunday and lallel Holidays)
arld has bean entered as secondda.$$ mell mallar at HIli pOs!
offloa1n Miami In said Miami-Dada Ctllmly, Florida, for a
~erlod of ona I'aa. next praee.c'!llg the lirst pubUeaU<:1n oltha
aHactled copy of advarllsemt'lnl: 3110' amant furtMlr says tllal he Of
She has neither pald flOr p~m1sad any person, !lIm m corporaUon
anY,dlscount, rehale, comrnlStlloll or r~utd for the purpose
of seCUrlZ2g th IIdvll~or publlcailolfln thll ,said
neWSpaper
, /IAf/////.l/....&
Svwrn \0. and sub~orlbed he!ora me this
"~~
""'3\ Marlat.MOM
(SEAL) ! hI~ ~ CommliJIilon 00293855
Q,V. FeR6EYR~ p.rsondl!t;.l!:I~Marm 1M,200t1
·.I..'tNAQEMENT ~A1
j _-TENNIS,ING.FOR·
.•. PARK; l'ROVlDINCi
, :.;,'0,1~.~~it~;D~
erN OF SOUTHWUA&U'
" :-NOTICEOF-.. ,_',
''pUB~1C HEARING
,. ,'r]~Rgidril'i'omlilD[icn'·'
.AN oROlt-!ANbE 'OF THe MA~OR AlIDCI;COIoI'Mt5SION
OF THE CITY Of' soum MIAMI, FLORIDA, RELATING TO'
!~=ff~ln~;~g·e~~t.N~L~ 1I~~3:'~~: ~~~=.
. API!ROVAUi AND l'ERMITS.FOR BUILDINGS IN ElCCESS
gr.:ig~~ %O:~~C~VS~~I~tt, ~EJt~g::P~R ,
QTHER ZONING CHANGES: PROYlDING·'EXCEPllON6;
"PROVIDING fOR ORDINANCES ~N CONFUar, aODIFICAo,'
,.·!I~,S~~~UT'i~D,~EfFE~I\lED~T~: -" ' .... ,' r
AN'ORO~CE OF THI; MAYOR AND CITY· COMMISSION t
-OF THE OITV OJ! SOUTH M!AM~ FLQI\lIlA, RELATING TO \
ZONING; ESTABUSHII!I03 A. Imu'-A!Oljrn_ TEMPORARY t
~g~TIlrJ~~~~:~ ~~g:~~O:U~~ci~~N~i:g~l~ . i
'.TWO STORl.ESAND ;l.5I'EETWITHm A_!lISTAN.C~ tip sa, I
FEIiTI-At.ID'_TWO $TORlES AND 30,FECT,-lMrmN A
aISTM-lCE OF 1QIl FEET OF 'A SINGl.E·FAMII.Y RES10EN·
nAL ZQNEtl PROPERTY UNE: I'ROVlolNG EXCEPTIONS;
PROVICING FOR OROINA!.ICES IN CcNFUOT, COD1FICA-
'PN. SEV~RABtllT'( ~D At4 .e~ECTI~ oATE_. .
~ -:, :,;,.
A,-REsOLu-nON'OF THE MAYOIi,. OilY COMMiSsIOO 'oF' me CITY Of SOUTH MWdI. FLORlIlA,.RELATIH(1.To A
REQUEST FOR A VARtANCe FROM SEC'ttON 20.;l.5(E) OP
THE-LAND PEVE1.0PMElU COOE"""(O AllOW A GARAGE
. STRUCTURCTD Sf!. eUILTINTHeFitONTSETBACK AREA ;~ ~:~i~g~I~R~iJ~~~~~U:ilJ;~,~= ~ ~¥ FEin" FftOl\lT6EmACKIS REQUIReO:ALL O~A P.ROPER-,M TYWlTHIH AN -RS-3;·SIHOLE.rAMIj..Y RESIDElmAl U9E
"I)! Dll;iTRlCTiI.OCATED AT·6a&D 9W 84 Sfroll'l; SOUTH MIAMI,
~'" Fl,ORlDA,:;.ANp •. LEGA!J.Y '[)!=8Oft~ED lAS: lOT'8 OF
jl ~IBW ~STATE8: AND fROVll;llNG FO~N EF~ECTIVS
Jt~, .. · ~'.t~,RESoi.unoN' of;lie MAYOR A~D CITY-c6MMI~i6N' : H ·OF THE CIT( OF E04TH MIAMI,RElAT!NG TO A REQUEST ~.~ PUlt8UAhlT_TO 6ECnON ~Il.:l.4(f:I)(4)(b) OP"THI; ,LAND, f!: -DEVElOf'MEIfT CODe FOR A SPECIAl, USE· APPRO\' ~~ .
i} ~~;A11.·~I~~%~~~~ciwW';,~~~~~~ ,
I'll! OVERLAV ZOniNG OISTRICT SPEClFICAl.l Y LOCA.TEDAT
ii.·,~ 6BSQ!i!J_NSETDRlVE" '-'..,' ", ~-'N" .
;Ah';'s Hams'"Ca\i billrui~OQte~ In Ilia City C1i1rk'1i, ameli, ;MOOdrl\'. Frldov .
it'.(j,~nu~~_~!noffi~~.h~:!'f,:i,.,; :i -. ,=..;',., -,::' ':.:":, '-.:,:' '. .
·j;-yOU haV~'~ny Inqulrias -ail Iho' -tnt twO'lloms please contlict'lhs
PlimringBp'dZonlnQ Depor1nlt'lnlat: 305-66a~28, .
:", ~,' , ' ,.
ll.i..t.lllterv~d ~attla~ arllirilli!ed to altu!1d imd will bn Mh~ "
A. RksotUTlON ClF~E MA.YOR AND CI~ CoMMISSION
of;Die CIT( OF,SOUTH MIAMI, FLORIDA M'PROVTNG A
MASTER srtf! PlAN AND DEVelOPMENT PROGRAM FOR !
CERiAlH PROPERTY m A' ·PUo,y-· PLANNED 'UNIT " ,'.' ' ...
OEV,ElOPMENT .,.00;0 ,utE'ZONlNa :OISTnICT 'MORE I ',': ., ~alf;:ic~~ra~IlIIO:t
SPEcIFtCIJ..I.Y lOCAl'I=D' AT Oe.00-6640· SW 57 ~VfNUE' " ,'. ' .
ANl;lsl57 SW SBSTREET: SETTING !,ORTH CONDITIONS l ,PIII'!I,UMI tp F!orlda Slafutea _286.0105. 1M City hOrEby adv1aQ8.lho
OF APPROVAL RELA.TEtI JO SITSrTRAfFIC' &IG~GE' •. ; p~b c'!hal.l' a.PQnmn,o!t'lc!d.~ III opPQolaRY doclslan medII by 11110
AND URBAN DE$lGIt ISSUE'S, 'AND eomTRuaT10N Of..:·;' 'Bo.Ilrd,AJle~yor Cllmml:o$IDII wllb reapocrlll lInymallercansld ..... d at' APPRQPRlATe PUbUC INFRASTRUCTURE ANIJ LANO. ': lttmaet/ng III heorlng. hllorllhQ jll!lInaad a r\looid'lflhll pl!leIIadlllQs, .
, 'sCAPlNG; A,NO PROVIDING AN EFFECTIVE DATE. .• ',j ;Ilnd that for &uth purpose. aflectelf pOrGDn lTIay n~od 10 D~UIll Ihlllil
·speQlALHrim _ _ -_' ',' , ;,,-,,,. _ :r:~~~,:a:~~~!:!!=':~~b~a~:dB afl~~b'::~~~clulfa~ Ihs PV~UI!llt.1!l FlorldlSlaleSl!ltulo 1S3.3221IntofO~l.d. '3r.W ' .. _._ . , . , ,PI', OSo:l-47/53271SM
pBI1IDn$' ara advleed' urat· In add:ltlOI1 to i,tIle .
InfJlrm;llUcin aottorth IIbC!v\I thoprC'paud plDjectwllt
:~Jr~~ 'l:n~:~~:I~r!r U:D~ e~~~~~::: ::~~ -:::: .
flCIG!'"lIrell.f<lUo (FAR) 0'1.54. 'rbo .... tllII.todpopula.
_ lion dell.!tJ' iirlll. p'~Gct 1:0 132 pOfEone POI.( Il0:r0J/l,
"c;opy Oftllll devoloplllentagroomont cao booblfllned
.!ltIhO SO'D'th MIIDlII-PI~"~I"O Doparlmont at·th_
. , ·"ddru ... howrtilbovs.: ,.
•
FRIENDS AND NEIGHBORS Torn between a Caribbean cruise and river raJftiIlg·!
Find '."",el "oluti""$ in S .. ndays H .. rei!.".
tat 11:30 a.m. Saturp
JW Maniot Hotel,
11 Ave.
tialFund, part of the founda--.: .!!!~~~
tion, provides needed funding r
for Miami's youth programs,
Pascu-al Martinez
en Carolina Luria
19 the event which
~ a "Cosmic Craze"
'al'ticipartts will
lildren from :Q.ew-
!~years old wearing
lID retailersinc1ud-
and Jack, Bognar
ini, Boy-Meets Girl,
Petit-Chaux,-OOOy
Pan. There is a $50
m fee per child
:ickets range' from
;0 and tahles of 10
)le; For more infOi'-
e for tickets, call
z,786-2-68-1822 ...
\H MEETING
aomi -chapter. of
will have its meet-
.g at 8 p.m. Aprilll
lewinds clubhouse.
t 112th Place and
Idall Drive.
speaker Barbara
's subject will be
eft.
re information, call
reiss, 305-2740-0197.
,N TREATS
·erman American
b of Greater Miami
ts a.ru.1uallu2u from
lidnight-April16 at
,use, 11919 SW 56th
lian chicken and
-all the tl'immings
diered' and The
; will play for danc~
e is $10 and dinner
anal $10. For more
1. cal! 305-553-8587
il23:
including those at the Y.
The YMCA is one of six
organizations tq receive fund-
ing for 200S. The Y will use
the ~ant to proVide" ·sports
scholarships :for ·more -t1;lan
150 youngsters between.~the
ages of 4 ahd 17 from low-in-
come ·communities.
The grant targets Y recre~··
ational prograp:ts including
flag football. soccer, basket-
ball. karate and cheerleamng
in the communities of West
Dade. Hialeah. Medley. Miami
Springs, Hialeah Gardens,
Virgfnia 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-S·with·
Music/Dance· movement
classes and karate; Perrine
Baseball and Softball Associa'"
tien ($7,500) toward capital
1mprovem~ts at Franjo Park;
Glades. Baseball and Softball
League, Inc .. ($7,0.00) for field
and facility upgrades and to
purchase unifoxm.shirts and
. caps for -oyer 300 youths;
Shake-a-Leg($S.SOO) to fund
water sports programming
and supplies for individuals
with disahilities and fo:r at-
risk youth; and the Boys an'd
Girls:Club ($5,500) to provide
" mOre· than 500 b.oys and girls
with uniforms, equip~ent and
supplies at the Kendall Boys
and Girls Club. For more
information ·I::all toll free
1-877-WOW-YMCA
(1-877-969-9622). .
If y'ou have news for thi.s
columr:. please send it to BEta
Moss, Friends and Neighbors,
Neighbors, 7300 N. KendaU
sHiP GIFT Dr., Suite 200, Miami, FL33ls6
iJ CA of Greater . or fax to 305-671-4350. 'Pictures
) been awarded cannot be retumed.lfyou have
r Youth _Sports questions. call Bea Moss at
)5 from the Kiwa-305;.671-4341 and leave a mes-
f Miami's Youth sage. Hf!;r ·e"..maif address is
. The Zee Memo-Beaone@aol.com;
Kind of like a
. weather report .
for entertainment.
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 Hearings to consider the following items:
AN OROIIIlANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVE;LOPMENT CODE BY CHANGING THE~ ZONING USE DISTRICT ·FROM "TODD(MU~4)",
··.TRANSIT ORIENTED OEVELOPMENT DISTRICT (MIXED USE-4) TO "PUO-M"· PLANNED UNIT
DEVELOPMENT MIXED uSE FOR PROPERTY.LOCATED AT 6600-6640 SW 57 AVENUE AND 5757
SW 68 smEET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF.: A
MIXED USE PH-OJECT CONSISTING_ OF MULTI-FAMILY RESIDENTIAL BUILDINGS, RETAIL USES
AND A PARKING GARAGE: SETTING FORTH CONDITIONS-OF APPROVAL FlELA'rED TO THE
DETERMINATION OF CONCU.ARENCY. . '
. AN ORDU.jANCS" ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE
STATUE 163.3221 FOR A PLANNED UNIT DEVEl.OPMENT-MIXED USc PROJECT KNOWN AS RED
ROAD COMMONS l.OCATED AT 6600·6640 sw 57 AvENUE' AND 5757 _SW 68 STReET; THE
, DEVELOPMENT" WILt. INCLUDE BUILDINGS OF UP TO fiVE (5) STORIES IN HEIGHT AND THE
FOl.l.OWING USES: UP TO 409 MULTI.FAi'II!ILY RESIDENTIAl. UNITS, RETAIL USES, OFFICE USES
AND A PARKING GARAGE.
· AN ORDINANCE CRa-TING BE-C. 2-26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY.
COMMITTEE."
·AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT wmi
BElLSOUTH AS THE CITIES LONG DlSTANOr:;: SERVICE ,PROVIDER, GENERATING ESTIMATED
,SAVINGS OF $12,000;00 DURING THE TERM OF THE CONTRACT • . .. .
AN ORDINANCE PROVIDING FOR LONG· TERM MANAGEMENT AGREEMENT WITH MONTANN.
· MCl.EAN TENNIS, .INC. FOR TENNIS SERVICES AT DANTE FASCEl.l. PARK.
AN ORDINANCE· ESTABLISHING A MORATORIUM· ON NEW' APPLICATIONS FOR Al.l.
DeVEL.OPMENT OR.DERSi APPROVALS AND' PERMITS FOR BUILDINGS IN EXCESS -OF FOUR
STORIES AND ANY AND AL.L I=!ELATED APPLICATIONS ·FOR VARIANCE, SPECIAL .EXCEp:fIONS
OR OTHER ZONING CHANGES.
AN ORDINANCE· ESTABLlS'HING A NINE-MONTH 'TEMPORARY ·MORATORIUM ON THe
ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING .HEIGHT OF
· TWO stORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEET. AND TWO STORIES AND 30 FEET
WITHIN A DISTANCE Or 100 FEET OF A SINGLE·FAMILY RESIDENTIAL ZONED PROPERTY LINE.
· A RESOLUTION APPROVING A MASTER S1rE PLAN AND DEVElOPMENT PROGRAM' FOR
.CERTAIN PROPERTY IN A "PUD·M" PLANNED UNIT DEVEL.OPMENT MIXElJ USE ZONING
DISTRICT MORE SPECiFICAllY lOCATED AT' 660()-'6640 SW.51 AVENUE AND fil57 SW 68
STREETj SETTING FORTH CONDlTIONS OF APPROVAL RELATED TO SITE,.TRAFFIC, SIGNAGE,
AND . URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPHIATE PUBliC
INFRASTRUCTURE AND LANDSCAPING.' -..
SPECIAL NOTE: " . . . •
Pursuant to Florida State statue 1"63.3221 interested persons are advised that in addition to the
InfDrmatlon set forth abOVe" the proposed project will be built on a seven acra tract of land and
will have a dwelling unit density of 58.3 units per acre and a fJoor-area-ratio (FAR) of 1.54. The
estimated populatiDn density of the projecl; is 132 persons per aCTS. A copy of the development
agreement can be obtained at the South Miami Planning Department at the address shown
~-. . .. . .
A RESOLUTION ,RELATING TO A'REQUEST FOR A VARIANCE FROM SECTJON 20-3.5{i;) .OF THE .
LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUOTURE TO BE B,llILT IN THE FRONT
SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT
SETBACK WHERE A MINIMUM OF 25 FEJiT FRONT SETBACK 1$ REQUIRED: ALL ON A
PROPERTY WITHIN AN ~RS-31J SJ~Gl.E-FAMIL.Y RESIDENTIAL USE DISTRICT, LOCATED AT 5890
SW Bot Street; SOUTH MIAMI, FLORIDA, AN.D LEGALL.Y 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 L.OCATED AT 5aao SUNSET DRIVE. "
Inquiries concerning the above twp Items should be directed to the
City Clerk's office at 305-663-6340.
ALL inteiested parties are invited to attend and will be heard.
Marla. M. Menfindez
City Clerk
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ORDINANCE NO. 11-05-1833
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST 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 MIXED USE
PROJECT CONSISTING OF MULTI-FAMILY RESIDENTIAL BUILDINGS, RETAIL USES
AND A PARKING GARAGE; SETTING FORTH CONDITIONS Ol? APPROVAL RELATED TO
THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING Al"'l EFFECTIVE DATE
WHEREAS, Application No. PB-04-015A was submitted to the Planning Department by
Codina Development Corporation, said application requestiug to amend the official zoning map of the
City of South Miami by changing the zoning use district for property 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.; and
WHEREAS, the purpose of the change of zoning is to pennit construction of a mixed use project
including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of
commercial space; and
WHEREAS, the proposed rezoning is consistent with the Future Land Use Map of the City of
South Miami Comprehensive Plan; and
WHEREAS, after review and consideration, the Planning Department recommended approval of
the application with conditions; and
WHEREAS, on September 27, 2004, after Public Hearing regarding the proposed rezoning
application, the Planning Board recommended approval with conditions by a vote of 6 ayes 1 nay ; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board
and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 .That the City's Official Zoning Map shall be amended by changing the zoning on properties
for, changing the zoning use district for property 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 to be subject to the conditions
specified in Section 2 of this ordinance.
Section 2 That the above change of zoning is subject to the following conditions:
I) Applicant shall submit a Development Agreement which includes: (a) an agreement that within
five years the developer will pay for or produce 3.2 acres of land for public park or
Ord. No. 11-05-1833
2
(2)
recreational purposes; (b) an agreement that 10% of the multi-family units constructed shall be
classified and marketed as affordable housing units,
(2) Applicant shall provide evidence of concurrency complianoe by submitting to the City
the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid
waste,
(3) The applicant shall provide to the City a Unity of Title docnment for the subject development
site; the unity of title shall be prepared and filed in accordance with Section 20-5,16 of the South
Miami Land Development Code,
(4) Additional requirements relating to the approval of the PUD-M Master Site Plan shall be
incorporated in the Development Agreement.
Section 3 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 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed,
Section 5 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
1" Reading-1 0/19/04
2'" Reading -4/9/05
READ AND APPROVED AS TO FORM:
¥ /-6-
CITY ATTORNEY
day of ~_, 2005
APPROVED:
~~
COMMISSION VOTE: 4-0
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar
Yea
absent
Yea
Yea
Yea
E:IComm ItemsI200S\3-28-0S SpeciallRezoning -TODD to PUD-M Ord,doc
South Miami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER·OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
Commission Members
From: Maria Davis C~ lit/( V
City Manager ~~ I
~i
. ORDINANCE
2001
Date: . April 9, 2005
ITEM No. 3
Re: LDC Rezoning:
TODD(MU-4) to PUD-M:
Collina Development Corp.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE.OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE
ZONING USE DISTRICT FROM "TODD(M.U-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 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; PROVIDING FOR SEVERABTI..ITY;
-----Pl"RI«JOl.\'V~IDJNw;G .. roR .. OlUliN"4NCES IN CONE! ICT; AND PROVIDING AN EFFECTIVE DATE
SUMMARY OFREOUEST
The applicant, Codina Development Corp., is requesting a rezoning of a seven acre property as
. legally described above in order to construct a mixed use project including residential buildings,
parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space.
According to the information submitted with the application, the dwelling unit density will be
58.4 units per acre. The floor area ratio for the total proposed project is listed.as 1.54. The
complex is to be called ''Red Road Commons".
The current zoning on the subject property is "TODD(MU-4)" Transit Oriented Development
District (Mixed-Use 4) Use District. The applicant is requesting a zone change for the property to
PUD-M, Planned Unit Development-Mixed Use. The current TODD(MU-4) Zoning District
permits residential and commercial uses, permits two stories in height and does not limit
development with a maximum floor area ratio or units per acre formula.
The PUD submission is to be considered in two parts. The first is a zone map change ordinance
which creates the PUD-M on the City's official map. Issues such as density, compliance with the
Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are
LDC Rezoning
March 28, 2005
Page2of7
dealt with as part of the zone map change. The second part is the applicant's request for approval
by resolution of the specific PUD development plan. Specific issues related to building design,
landscaping, and other site plan features are dealt with in a companion item.
APPLICABLE REGULATIONS
Planned Unit Development (PUD) is a zoning district which can be applied for and created on
the City's official zoning map if a development is to be done as a unit under single ownership
and has one or more principal buildings. A PUD encourages design flexibility in location of
buildings, open space, and provision of amenities. Development in a PUD district does not
follow standard dimensional requirements (setbacks, heights of buildings), floor-area-ratio, or
dwelling units per acre. These standards are set forth in advance as part of the submitted master
site plan.
The following sections of the City's Land Development Code govern the general design,
development, and review of a PUD application:
Section 20-3,7 (A)-(B) Planned Unit Development -provides design guidelines for all PUD's
regulating density, traffic, screening, off-street parking, service areas, building heights, and
pedestrian amenities.
Section 20-3.7 (E) PUD-M, Planned Unit Development-Mixed Use-specific regulations
governing uses allowed, miuimum development site size and location. PUD-M is one of three
PUD types.
Section 20-5.12 Planned Unit Development approvals -sets forth regulations governing the
---------I~e·rieW1IT~~~uff~eftna*emn~tsH£~orraal~l~P~~~~'%s.~----------------____________ ___
Section 20-4.1 Adequate public facilities and services (Concurrency)-establishes level of
services (LOS) standards for water and sewage, solid waste, traffic, and recreation / open space.
These standards are reviewed' at the development permit stage for major new construction
~~ .
SITE ANALYIS
The subject property is bounded by SW 68th Street on the south, SW sih Ave. on the east, SW
66th Street on the north. The west boundary is a FPL transmission facility and a driveway into
the City's Community Center. The property is occupied by a parking lot and three one-story
buildings used for offices, a real estate school, a foreigu consulate, a social service agency and a
nightclub.
LDC Rezoning
March 28, 2005
Page 3 0/7
Surrounding Parcels
Comprehensive Plan Land Development Code Actual Use
Existing Land Use Existing Zoning District
Category
North Single Family Residential RS-4,RM 18. Single Family homes
MiIltifarnily Residential Single Family Residential Apartmen:ts
Low density multi-family
East ~ .... ~~ .. -----Church
South TODD TODD(LI-4) Light industrial; warehouses,
social service agency
West Public Institutional PI, Public Institutional; RS-4 FPL Sub station
DEVELOPMENT ANALYSIS
1. Comprehensive Plan: The project site is within the TODD Future Land Use category
which encourages a mix of uses. The district was developed to take advantage of its
proximity to the Metro Rail. The category allows for flexible building heights up to a
maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan
goals and policies:
HOUSING
Goall To assure the availability of sound and affordable housing for all current
-------------Lurnnrddji1:tm e t e;side~uth-MiMni ·,.;lith speeial JfOOus-en-injill----
and redevelopment ........
Policy 1.3.6
LAND USE
Policy 2.1.4
Goal 3
The City and the County will jOintly support development in the Rapid
Transit Zone in order to encourage mixed-use residential multi-family
projects ........... ..
Discourage urban commercial sprawl by promoting growth in the core
area surrounding the Metro Rail transit station by creating a district for
the new growth which is contained and transit-oriented, thereby relieving
the pressure for commercial re-zonings outside of this core area
To achieve a tax base adequate to support a high level of municipal
services via increased mixed-use and flexible bUilding heights in
conjunction with a Transit-Oriented Development District [TODD].
2. Minimum Requirements: The LDC requires that an application for a PUD-M shall be
for a project which is on a site of at least 4 acres. The subject application is on a seven acre
site. In addition the development site must be within 1200 feet of the Metro Rail station. The
applicant has provided a sealed survey indicating that the project site is 1134 feet from the
LDC Rezoning
March 28, 2005
Page 4 of7
Metro Rail station.( see attached)
3. Uses Permitted: The PUD-M allows a limited number of uses which are listed in
Section 20-3.7 (E) of the LDC. It includes retail establishments and multi-family residential
uses being proposed by the developer.
4. Density-Number of Dwelling Units: The proposed development, as submitted has 407
dwelling units or a density of 58.3 dwelling units per acre. PUD regulations specify that
the number of units permitted shall be governed by the Comprehensive Plan land use
category in effect for the site. The TODD land use category does not provide limitations
on number of units as long as the required parking is provided.
5. Density-Floor Area Ratio: The applicant's proposed floor area ratio is 1.54. PUD
regulations specify that intensity or FAR of a project is governed by the Comprehensive
Plan land use category in effect for the site. The TODD land use category does not provide
a specific FAR limitation.
6. Dwelling Units-Minimum Floor Area: The applicant's proposal indicates a range of
dwelling unit types, including 175 one-bedroom units; 201 two-bedroom units; and 31 four
bedroom units. The size of the units range from 604 sq. ft. for a one bedroom; 887 and 946
sq. ft. for two bedroom units; 1785 sq. ft. for four bedroom units.
7. Dwelling Units-Minimum Average Size The applicant's proposal provides that the
average size for all of the dwelling units is 842 square feet. PUD regulations do not require
a minimum average size for dwelling units. A13 part of the redraft of the LDC, the City's
Zomng task Force recommended that residential developments in this mea ( TODD ilistrict)
must maintain a minimmn average dwelling unit size of 800 square feet. It is felt that this
standmd would assure a quality level of dwelling units in residential projects.
8. Building Height: The applicant is proposing to build a total of six residential buildings
The building heights vary. There me four and five story buildings in the south and center
part of the development and a four story bmlding facing SW 57 Avenue'on the east side. A
three story building will face single family homes on the north side with the interior portion
of that building being four stories. At the northeast comer is a four story building opposite
the existing multi-frunily complex. A five story parking garage covers most of site on the
west side abutting the FPL facility. Current PUD regulations do not specify specific height
limits. The Code states that project buildings must take into account surrounding heights of
buildings and the limitation on heights set forth in the assigned Comprehensive Plan's land
use category (up to eight stories).
9. Parking Regnirements: The applicant is providing 1,028 total parking spaces, which
includes a parking garage, a small surface lot and on-site street parking. The total nmnber of
required parking spaces for the proposed re-zoning (including residential and retail uses) is
948. .
10. Affordable Housing: The City of South Mimni has made a commi1ment to support and
LDC Rezoning
March 28, 2005
Page 5 of7
encourage the creation of affordable (moderate priced) housing units. The Comprehensive
Plan specifically sets forth the following housing policies:
Policy 1.3.5
The City will support and assist the efforts of private organizations to construct at least
.rJlle affordable housing units per year.
Policy 1.3.6
The City and the County will jointly support development in the Rapid Transit Zone in
order to encourage mixed-uselresidential multi-family projects containing affordable
housing units.
The Red Road Commons project is an excellent opportunity for the City to encourage
affordable housing to be built. The developer should be required to commit at least 5% of
the units as affordable housing units.
11. Adequate Public Facilities-Concurrency: The applicant's project is above the
concurrency threshold limits, thereby requiring an assessment for meeting the level of
service (LOS) concurrency standards listed in Section 20-4.1 of the Land Development
Code. For purposes of this report, presented below is a summary of the developers'
responsibilities related to concurrency:
a) Solid Waste
• LOS and capacity to be determined by Miami-Dade County based on capacity of the
transfer facility.
--------------•• ~D~e~v~elmep~~eeepyofeontra~~~~'--------------------________ __
b) Water and Sewage
• LOS and capacity to be determined by Miami-Dade County
• Developer to provide evidence of approval of appropriate County and State agencies
c) Drainage
• Concurrency evidenced by compliance with Florida Bnilding Code and approved by
DERM.
d) TraffidStreets
• Applicant has submitted a Traffic hnpact Study showing reduced PM peak trips after
PUD is constructed; and major intersection at LOS -B
• Additional traffic counts at certain intersections requested in order to determine
needed traffic signalization adjustments or lane improvements
• Note: the site is located within a City designated Inlill and Redevelopment Area and
is exempt from meeting transportation concurrency standards (Comprehensive Plan,
p.65). However, the impact of the proposed development on traffic operations will be
covered in the review of the resolution adopting the submitted master site plan.
LDC Rezoning
March 28. 2005
Page 60/7
e) Schools
• Project impact to be determined by Public Schools.
• Dade County Public Schools has been notified of the project and staff invited to sit
with Planning Board at hearing. .
• The Developer shall provide evidence of assessment or mitigation agreement with
Dade County Public Schools.
j) Recreation Facilities
• Project population estimate-927
• LOS: City Comprehensive Plan: 4 acres per 1000 population.·
• Capacity: The City is at capacity.
• Project will require the addition of recreation land -estimated 3.2 acres
• Developer must specify in a development agreement that within five years he will pay
for or produce 3.2 acres ofland for public park or recreational purposes. (See attached
formula to determine concurrency costs)
STAFF OBSERVATIONS
1. The proposed rezoning is consistent with and supports the goals and policies of the City's
Comprehensive Plan (See No.1, Development Analysis above).
2. A residential development at this location would take full advantage of being adjacent to the
transit station and within walking distance of shops, post office, hospitals, restaurants and
other amenities of the downtown area. The use would also provide a transition between lower
density residential to the north and commercial development to the south.
3. The property is located in the Community Redevelopment Area. The rezoning is consistent
with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report", which
calls for mixed use development on this site (p.33).
4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for
this site. In 2002 the Task Force"s subcommittee on TODD carried out considerable study on
the district. At that time it was recommended that this site be re-zoned to allow 4 stories plus
2 additional stories as a bonus. The recommendation also suggested a height limit of 3 stories
across from the residential areas on the north side of the property. The PUD-M re-zoning will
allow development as specified in the Master Site Plan as submitted. Buildings indicated at
four and five stories on this plan will be approved as part of the master site plan approval.
The proposed master site plan will also be approved with a limit of three stories across from
the residential areas to the north.
5. The traffic pattern from a residential development is generally more dispersed throughout
the day and night and has less impact on peak traffic. Traffic analysis of the current
commercial development as compared with the traffic that will be generated by the proposed
residential development, indicates that the proposed land use change may actually reduce
LDC Rezoning
March 28. 2005
Page 70f7
peak hour vehicle trips generated by this property. However, certain traffic operations and
management adjustments will be addressed in the review of the resolution approving the
master site plan.
PLANNING BOARD ACTION
The Planning Board at its September 27, 2004 meeting adopted a motion by a vote of 5 aye
and 1 nay (Mr. mas) recommending approval of the requested zone change with the conditions
set forth by staff below. The Board strongly suggested that the developer's contribution related
to recreation space should be worked out prior to the issuance of a building permit.
CITY COMMISSION ACTION -FIRST READING
The City Commission approved the proposed rezoning with the following conditions on first
reading at its October 19,2004 meeting:
(1) The applicant shall execute a Development Agreement which must include the conditions set
forth below and in the staff report pertaining to the requested zone map change and shall
incorporate all conditions which may be adopted as part of the approval of the project's PUD
Master Site Plan
(2) Applicant shall include in the Development Agreement: (a) an agreement that within five
years the developer will pay for or produce 3.2 acres of land for public park or recreational
purposes; (b) an agreement that 10% ofthe multi-family ullits constructed shall be classified and
marketed as affordable housing units. (as modified by subsequent changes to the proposed
Development Agreement)
(3) Applicant shafl p:tuvide evidence OfCODCtllleney eomplillnee by 8I:Ilmlitti11g-te-thtee~COiit~)/-' ------
the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid
waste.
(4) The applicant shall provide to the City a Unity of Title document for the subject development
site; the unity of title shall be prepared and flied in accordance with Section 20-5.16 of the South
Miami Land Development Code, .
RECOMMENDATION
It is recommended that the requested zone change for the property from "TODD(MU-4)"
Transit Oriented Development District (Mixed-Use 4) Use District to "PUD-M", Planned Unit
Development-Mixed Use District be approved on second reading with the conditions set forth
above, as modified by subsequent changes to the proposed Development Agreement.
Attachments:
Distance from Metro.ritil Survey (sealed)
ApplicationiLetter of Intent fLocation mapl
Excerpt Planning Board Minutes·9·27·04
Site Plan I Development Plan
Copies of Public Notices
MDIDOD/SA Y E:\Comm Items\2005\3·28-05 Special\Rezoning TODD to PUD·M Abraham Site.doc
seOD
City of South Miami
Application No. PB-04-015 Zone Map Change
TODD (MU-4) to PUD-M Planned Unit Development-:Mlxed Use
. 6600-6640 SW 57thAvenue
59IJ1
'845
I
o 300 600 900 1,200 1,500
~
Feet
• • • • •. • • ~
i
FS ~ §
• ~ • • a • • • • • • •
. City of South Miami-
PI~nning &'Zoning Department
City Hall, 6130 S1lllsetDrive, SouthMiami, Florida 33143-
Telephone: (305) '663.6326; Fax: (305) 666-4591 JUl 2 '
o 8.2004
Application for Public Hearing Before'Planning Board & City Commission . . . .
Address of Subject Property:6600 -6640.SW 57 AVENUE Lot(s) Siock Subdivision
PS ___ . SEe ATTACHED SURVEY·-· -----
Meets & Bounds:
Applican~ .
CODINA DEVELOPMENT CORPORATION .
Representative: .
JERRY B. PROCTO~, ESQ.
Add,ess: .
200 SO. BISCAYNE BLVD., SUITE 2500
Organization: . .. ~" _ A ~ • .J·I""",-~iH, i
. ~Q."~ ~~.
Phone:
,.~M?I~A~M~I;~F~LO~R~.I~DA~'~33~1~3~1 ________ '~ ______ ~~~~··~ .. ~~~f'~~-#f~~~'~' ____ _
Property Owner: Signature' ..IL/'.''7r:;J;;,??'1_ k_ ... ..4-1 ,./,
ANTHONY R. ABRAHAM ' P71 Yv
'"'"f'l v ~ Y~
M!liling Address: Phone:' 3cJ.s--·c, r..r-2.,. <-'L <--
6600 SW 57 AVENUE
'MIAMI, FLORIDA 33143
ArchitectfEngineer.
.. ARIS GARCIA .'
Phone: 305-666-5474
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIPTO THIS PROJECT:
._ .. _ Owner: . -X-Owne~s Representative __ Conlract to pur~hase _ Option to purchase' __ TenanflLessee
_Variance
-='= Spec;al.LJse -" '
_ SpeCial Exception
Other
."
__ Statement of hardship .
...l(. proof of· ownership or letil<r from owner
__ Power of aHomey ,
fl~~~~~~~~~~~~Q9!~~~~--~-J --' Contract to purohase . :;--2L Curnmt sUl¥ey (,1 original sealed and .
signed/1 reduced copy@ 11" x.1T'}
I----~ _________ _;__-_-----_I X 7 copies of Site Plan and,Floor Plans
reduced copy @ ii' x 17"
20% Property,owner signatures
Mailing labels (3 sets) and" map
~equired Fee(s)" Secllon: __ , Subsection: __ Page #: __ Arnendeq Dale:_._· . .
The undersigned' has read tlili complered application and.represents that the infonnaiion and all submitted lIIaterials are true and
coneet!llthe b;$t oithe app'ficant's knowledge and belle! . . 1bJ"'!' .I..leVl7'Dfrr>ti>1 e.:'fPl7tft l>n • -, .... ~~l:i~"~ :-.. , : ....... : " ..... -... 7"':7~.~.;:;J;¥:1'!::~~ .. ; .. ~~~.: .. -~-~--~
Upon receip~ applications and all sUbmitted materials will b~ reviewed for compliance with ~ Land Development C~de and other
applicable registrations. Applieat!oIlS found not in compliance will be rejected and returned to the applicant. . . ,
OfFICE USE ONLY:
Date Filed _'-:--:-__ _
, PetiHon Required
Method of Pa'en'"'t---
Date of PB Hearing _~ ___ _
Petition Accepted ~ ____ --._--'-_
Date of Commisslon ____ _
\731901137071 # 6&5595 v I
City of Sou~h Miami
Planning & Zoning Department .
city Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663.6326; Fax: (305) 666-4591
AppIi~tionfor Public :j!earlng Before Planning Board & City COmmission
Address of Subject Property;5757SW 68 STREET
Meets & Bounds:
Lot(s) ___ .Block·, 'SiJbdivision ___ -;--_
PB SEEATIACHi::D SURVEY
App.licant
COCiINA DEVELOPMENT CORPORATION
Represenliltive: .
JERRY B. PROCTOR, ESQ •.
. Address:'
'200 SO. BISCAYNE BLVD., SUITE 2500
MIAMI. FLORIDA 33131 .
properlY· OWner: . .
COMMERCE LANE ENTERPRISES, INC.
MaUing'Aqdress: .
5757 Sw. 68 STREET.
·MIA.MI. FLORIDA 33143
Ar~hitecflEngineer: .
ARIS GARCIA .
Phone:
Organization: . .
Phone:'3D5-666-5474
'.
AS THEAPPl-ICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
--:-""---
__ Ov.(ner:· _._ Owner's' Representative ~.Confract to purchase' _.Option to purchase _Tenanf/Lessee
' ... ~ .. ~ .• ..:.........Special Use _ , .
_Special Exception.
.....:..... Other "nO'OJ of ownership or letlerfrom owner
_ Power of attomey
'PI~~~~~~0"1!i:,$~~:!i£!:~-":"~-~_-l -' -Contract to purchase. • 8m'AC!HE1Dn =. .k... Current survey (1 origlnal'sealed and .
• signedl1 reduced copy @ 11" x'17,)
I-________ --:-~~ __ ..:..---:....-:... _____ '____j ...k 7 copies of Site Plan end FloDr Plans
reduced copy @ 11·' x 17"
_ 20% Property owner signatures
r------------:------~-...,__-~-_,__l K Mailing labels (:3 sels) and map
X Required Fee(s) '. ' . · . Secfiort __ Subsecuon:_' _ Page #:'_'_ Amended Date: __
· .' . .' .. / . '. ~
· The undor,rlgned has read thi. completed· application and represents fuat !hI' iDformition lind all submitted materials ""e1me l!lld COtreet to !lie
best of tho "Pplicanrslcnowledge and belief. . .
~g~f\A ~pf)M~ · ~l'PE~~!s .. ,ign~ ~~.!i~~ , .. , ... . ' ....' . .. .. P=-, -:'1t-. -•• ,-.-----.-•.. -. -'.-. -...
•• __. M. •
.. " :. uPon ';'O/!ip~' ~ppliC.tti07lS· 1lDd an' Sclmuttei ";at.riru;, '~ be ;.Vi.;;Neil ibr. ·Complianc. Witli 'tho L""d pev:-:·el-:-op-:'i:n':":ent:--:C-:":-::·&=-~an~d"'~ti;"';r .. ~
applicable registrations, Applicatiaris found not in compliance wm b. r\!i.,cted snd retumed to tin, applicant • -.' . .
OFFICE USE ONLY:
Date Fired'
Petition Re-qu""7ire,.....,-d----
Method of Pa men!
173190U37D71 t 515596 v I
;"~~..(Il'~M
Date of PB Hearing _____ _
Petition Accepted _____ _
Date of Commission ____ -:-
BrLZ/N SUMBERG BAENA Pl'</CE &: AXELROD LLP
A PARTNE:~SHrp OF PROF'"E:.$SiONAt. ASSOC:lA,.,ONS
Z.OO SOUTH StsCA"rf.l£" BOULI::VAFl:b. sUITE: esoo. MIAMI. FLoRIDA 33131-5340
T£'LEPHONE:: bO!:» 374-7560 • PAX: (3Q5) 37+7Sa3 .
E:-MA.lL: INF'O@BIL%.IN.COM • WWW.SILZIN.t:OM
JE:RRY 8. PROCTOR, Eso.
D,,,"CT DIAL! [305) 350-2361
EMAlL!JPROCTOR@SJLZIN.COM
'Hand Delivery ,
July 28. 2004
Mr. Don ODonniley •. AlCP. Planning Director
City of S011th Miaini '
6130 SUJJ:Set Drive
Soufu1l1iami, Florida 33143
"
ie: , ; Zoning Application h Codina Development Corporation.
Address: 6600-p640 S.W. 57 Avenue (Red Road) and'5757 S,W, 68
Street. . ", . ,
'. . "
. Pl~ase' accept the attache9-.application for. rez~n:ing . and plan ,appro,vaJ. o'f ~
Planned Unit Development (Mixed-Use) Develop~nt on t!J.e ~bove-styledProperty ..
" . . . .
. The undez:signed ,represents Codilla D((velopment ,CoIporation ("Coclina"). '
prospective developer of approximately 7' acres ofland located at the southwest comer
of SW 66 Street and SW 57 Avenue (Red Road). .
Co~a hereby requests a district boundary change frpm TODD (MU-4) to
Planned Uni{Development Mixed-Use (PtT.D~N.f), and concurrent site plan approval
. , ' for de:velopment of the Property. Enclosed herewith please :find the 'requisite'
. .·appli~_atjQ:p. :fe~. City _o:CSouth Miami application fOI1nS;proo£ ofo-wnersbip-'of·· "
. --, . -'. ~1-CjPettt~'S'C!t'\TiYStjft1TI:fpro'Perty;pl1l:iltt;'DXi't1't"eFi'iiij'lin1r1abel!flllldaffi"dav.!"'t; p~'-~'
. . ownernotification affidavit, coimno~ r:rea.report, and-copies of the, proposed plans for·
the mixed-use q.evelopment on the Property. ' ' .
'\73i6012ISSlI 16&7239" I '
7a&IOH:I 8,PM
..
BII_ZIN 5UMI3E:RG 8AENA PRICE & AXELROD LLP . . ..
J0r. Don O'D6nniley, AlCP
July 28, 2D04
Page 2 '-'
'Pursuantto th~ City's Comprehensive Plan.<l?d Section 2Q-3. 7(e) (planned Unit
Developments-PUD-M MiXed-Use);please notethe'followmg: '
1. 'J}le property is' desiguated for Transit~OrieIited Development DisUict ,
, (TODD) (Flexible Height up to 8 ,stones) in the City's Comprehensive P,lan. The'
Comprehensive Plan provides as follows:, " . , " ,
, Transit-Oriented Development District aODD) (Flexible
Height'up to 8 stories). ' ' ,
, The Tra:n:sit-Oriented Developn;tent District is intended to provid~
for the development of office 'uses, office sf?rvice~, office-related
retail, retail, retail services, and residential useS in n;t'ulti-story and
, ,mixed-uSe projects that are characteristic of traUsit-oriented
, developments; Permitted heights and intenSities shall be set forth
, in the Land Dev'eiopmeD.t Code, including ~sign standards',
Zoningregula-qoris sb.a11 encoutage developmentwitb.i:q. the TODD
, in conjunction with.limitiJig new development witbin the Special
Flood,Hazard AIea. The City shall pursue I?l1 incentives pro gram
" ,-for redeve19pment illcludfug i1"eiliiiehuildIDgheights'md:desigm -, ,
stilI!-dards'w insure that responsible, effective and ae~thetically .
pleasing projects ,result . ,
'The proposoo development, as depicted on !be attached p~aD.s' prepared by
Wolfberg Alvarez & Associafes, provides retaiJ, and resideritial uses (forrental) and a
mi.xed~use design that complies, with the spirit and letter of the Comprehensive Plan
designation for the property. '
, ..
, ,
'2., The POO-M Zoning Dis!+:ict encourages complementari combinations ofllil~s,
including multi-family residential: and co~ercial1:l.ses, w;ithin 1,200, fi?et from any
, -.:...: . ..:.,.:::,-:-,,~~iLSt<¢.on_Ih,a:l!e: ~I!L'losf\?.flU aeriaLphC?tQgraph.frgJ?l::Mia:ri:ri.:nade..CauD.~~ :::::.:.:..
, which,indicates an approximate distance of I,On'feet between the property and the",
South Miami Station ofMianii-Dade County's MetroraiJ.' Conidor.
"
"
. '
BILZIN SYMI3~RG BA~NA PRICE: & AxELROD LLi>
Mr. DOll O'Dol1l1i1ey, AICP
July 28, 2004
Page 3
3. The PUD-M Dislrict permits multi-famiJy residep.tial dwellings, accessory
parking lots and structures, and retail stores: '
4. The: prop,erty exceeds th~ minimum site area for a PUD-M deYelopm.ent of 4
, acres. ,,"
.... " " . " ~ .,
5. ' The proposed sife ~lari features considerable pedestrian ,acc~ss and a ~edu'ced '
intensItY of development alo~g Sw. 66 StreeL adjacent to me residential, comm.uriity to,
the north: The proposed intensity of,development is cO:p;ipatible with the surroUnding',
area, which includes the large FPL. transmission facility tq ~e 'west, retail_and,
industrial zoning and development to the south and southweSt, and the bigher -intensity
apartm~nt and Metrorail facilities in the area.
. .. '
Tb.auk y~)U for your consideration of this ,a.?plicatibn., '
JBl':id'
Encl.
"'.
c: Maria Davis, City Manager
..
, '
, Very trUly yours, ' '
-""'"
, ,
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~ III
---'----~.-
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Monday, September 27, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Mr. Morton, Chairperson, requested a roll cal!.
Board members present constituting a quorum: Mi. Morton, Ms. Gibson,
Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann.
Board members absent: None
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis .
(planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(planning Board Secretary).
In. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
PB-04-015 CA)
Applicant: Codina Development Corp.
Location: 6600-6640 SW 57'" Avenue and 5757 SW 68th Street
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
Planning Board Meeting
September 27,2004
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOP:MENT CODE BY CHANGING THE ZONING
USE DISTRICT FROM "TODD(MU-4)", TRANSIT ORIENTED
DEVELOP:MENT DISTRICT (MIXED USE-4) TO "PUD-M" PLANNED
UNIT DEVELOP:MENT MIXED USE FOR PROPERTY LOCATED AT
6600-6640 SW57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF
THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A 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; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
ACTION: Mr. Mann read the item into record. Mr. O'Donnileypresented the staff
. report. Mr. O'Donniley stated that the applicant is requesting a rezoning of a seven
acre property as legally described above in order to construct a mixed use project
including residential buildings, parking and retail uses with 409 dwelling units and
12,476 square feet of commercial space. According to the information submitted
with the application, the dwelling unit density will be 58.4 units per acre. The floor
area ratio for the total proposed project is listed as 1.54. The complex is be called
"Red Road Commons".
He explained ·the current zoning on the subject property is ''TODD(MU-4)'' Transit
Oriented Development District (Mixed-Use 4) Use District. The applicant is
------rr<"~qu@sting a ZGl'le GJaange fur the property tQ PUP-lvI, Plam;ed Unit-Develop=t"'-______ _
Mixed Use. The current TODD(MU-4) Zoning District permits residential and
commercial uses, permits two stories in height and does not limit development with
a maximum floor area ratio or units per acre formula.
Mr. O'Donniley informed the Board that the Planned Unit Development CPUD)
submission is to be considered in two parts. The first is a zone map change
ordinance, which creates the PUD-M on the City's official map. Issues such as
density, compliance with the Comprehensive Plan, traffic, parking reqnirements,
height of buildings, and concurrency are dealt with as part of the zone map change.
The second part is the applicant's request for approval by resolution of the PUD
master site plan. Specific issues related to bnilding design, landscaping, and other
site plan features are dealt with in a companion item.
In addition, Mr. O'Donniley provided the following development analysis of the
project:
1. The LDC requires that an application for a PUD-M shall be for a project which is
on a site of at least 4 acres. The subject application is on a seven acre site. In
addition the development site must be within 1200 feet of the Metro Rail station.
The applicant states that the project site is 1092 feet from the Metro Rail station.
Planning Board Meeting
September 27, 2004
2. The PUD·M allows a limited number of uses which are listed in Section 20-3.7
(E) of the LDC. It includes retail establishments and multi· family residential uses
being proposed by the developer,
3. The Red Road Commons project is an excellent opportunity for the City to
encourage affordable housing to be built. The developer should be required to
commit at least 5% of the units as affordable housing units.
4. Tn order to meet concurrency for recreational facilities the developer must
specify in a development agreement· that within five years he will pay for or
produce 3.7 acres of land for public park or recreational purposes. Mr.
O'Donniley then reviewed a formula that can be used to determine .the
concurrency costs.
5. The proposed rezoning is consistent with and supports the goals and policies of
the City's Comprehensive Plan. ( See No.1, Development Analysis above).
6. A residential development at this location would take full advantage of being
adjacent to the transit station and within walking distance of shops, post office,
hospitals, restaurants and other amenities of the downtown area. The use would
also provide a transition between lower density residential to the north and
commercial developmentto the south.
7. The property is located in the Community Redevelopment Area. The rezoning is
consistent with the goals and objectives of the CRA and the "Hometown Plan Area
______ 2~R~ort", which calls for mixed use development on this site. (p.33)
8. The proposed rezoning is consistent with the recommendations of the Zoning
Task Force for this site. In 2002 the Task Force's subcommittee on TODD carried
out considerable study on the district.
9. The traffic pattern from a residential development is generally more dispersed
through out the day and night and has less impact on peak traffic. Traffic analysis
of the current commercial development as compared with the traffic that will be
generated by the proposed residential development, indicates that the proposed land
use change may actually reduce peak hour vehicle trips generated by this property.
However, certain traffic operations and management adjustments will be addressed
in the review of the resolution approving the master site plan.
The Chairman then called upon the applicant to make a presentation.
(Applicant's representative) Mr. Jerry Proctor, Esq
Mr. Aris Garcia (Architect)
Mr. Marcel Morlote
Mr. Tim Plummer
Mr. Jeremy Shapiro
Planning Board Meeting
September 27, 2004
Mr. Proctor began his presentation on the request for rezoning and plan approval of
a Planned Unit Development (Mixed-Use) Development for the address 6600-
6640 S.W. 57 Avenue (Red Road and 5757 S.W. 68 Street. He added that Codina
Development Corporation ("Codina" ), the prospective developer requests a district
boundary change from TODD (MU-4) to Planned Unit Development Mixed-Use
(pUD-M), and concurrent site plan approval for development of the property.
Furthermore, he stated that the PUD-M Zoning District encourages complementary
combinations of uses, including multi-family residential and commercial uses,
within 1,200 feet from any Metro-rail Station. He also indicated that the proposed
site plan features considerable pedestrian access and a reduced intensity of
development along SW 66 Street, adjacent to the residential community to the
north. The proposed intensity of development is compatible with the surrounding
area, which included the large FPL transmission facility to the west, retail and
industrial zoning and development to the south and southwest, and the higher-
intensity apartment and Metro-rail facilities in the area.
MI. Aris Garcia the architect for "Red Road Commons," explained to the Board in-
depth the project's PUD submittal. He presented the site plan and zoning analysis,
numerous comprehensive floor plans, elevations and survey.
MI. Morton then opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT/OPPOSE
Davia Tack& 9559 SW nth Ter. Supported
MI. Tucker believed that this project can be beneficial to the community and that
the City will make this project work.
Jay Beckman 6520 SW 65 St.
MI. Beckman stated his concern for the protection of green space in South Miami.
Rev. Gregory Gay, Sr. 6461 SW 59th Place Supported
MI. Gay, Sr. agreed with the project and was looking forward to having it in the
community.
Ed. O'Reilly 6640 SW 48 st. Opposed
MI. O'Reilly opposed the application and did not support this project because of
the potential influx of traffic.
Larry Kelly Supported
Mr. Kelly supported the application and believed that the project would benefit a
lot of people in terms of work for the residents in the area
Yvonne Beckman 5871 SW 83 m St. Opposed
Ms. Beckman did not agree with the building heights of the proposed project.
Planning Board Meeting
September 27, 2004
Beth Schwartz 6931 SW 62nd Ct. Opposed
Ms. Schwartz urged the Board to consider the traffic build-up that may be caused
by this project and did not agree with the building heights for the project.
Mr. Morton closed the Public Hearing.
Motion: Mr. Comendeiro made a motion to recommend approval of the rezoning
request, subject to the following four staff conditions:
(1) The applicant shall execute a development agreement which must include the
conditions set forth below and in the staff report pertaining to the requested zone
map change and shall incorporate all conditions which may be adopted as part of
the approval of the project's PUD master site plan (the PUD Master Site Plan is a
separate item to be adopted by resolution.)
(2) The applicant shall include in the development agreement: (a) an agreement
that within five years the developer will pay for or produce' 3.7 acres ofland for
public park or recreational purposes. (see attached recreational concurrency
formula); (b) an agreement that 5% of the multi-family units constructed shall be
classified and marketed as affordable housing unifs.
(3) The applicant shall provide evidence of concurrency compliance by submitting
to the city the appropriate documents needed to prove concurrency with water,
sewerage, schools, and solid waste.
(4) The applicant shall provide to the city a unity of title document for the subject
development site; the unity of title shall be prepared and filed in accordance with
Section 20-5.16 of the South Miami Land Development Code.
Ms. Yates seconded the motion.
Vote: Ayes 6 Nays 1 (Mr. mas)
MIAMI DAILY BUSINESS REVIEW
Published Dally ex\:!!pt Satlltda)" Sunday and .
legal H~1idays
Mi!ll1ll. Mlaml·Dada County. Florida
STATE OF FLORIDA
COUNTY OF MtAMlwDADE:
. Before !he um:ferslgned autho.tity pel'S1)nally appeared
O.V. FERBEYRE, who on oath sa.ys that he or she Is the
SUPERVISOR, Legal Notices of the Miami Dally Business
8.evjew f!'Wa Miami Review, a dally (except Saturday, Sunday
and Legel Holidays) newspaper, published at MiamI In Miami-Dade
County, Florida; that the attaohed·copy·of advertisement,
being a LegaJ Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI·
PUBLIC HEARINGS. 3/28/2005
In the XXXX Court,
was published In saId newspaper In the Issues of
03/1 B/2:0OS
Affiant further says that tpe said MIami Daily euslness
Review is a newspaper published at MIami in said Miamj..pade
County. Florida and that the said newspaper has
heratofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been ehtered as second class mall matter at the post
pffioe In MIami in said Mlaml~Dade COunty, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement and affiant further says that he or
she has neltherpaid nor promised any person, finn or cotporatlon
any disoourrt. rebate, commIssion or refund for-the purpose,
ot seeUring t advertls t for publication ill the said
newspape
Sworn to and subscribed before me this
18 day of MARCH ,A.D. 2005
m.tM *
O.V. FEABEYAE p,n;omol\l ."' ... JUlI, 18, 200B
CrrYOFSoiuTHMIAM.·
.' :lI~'CEOF: ,.:): ..
·PUB"ICHEA.JlI~G .;.
MIAMI DAIL.y BUSINESS REVIEW,,. ... '''.' .,. -,
Publl$hB4DaDrPOOpls"lwtl;1y,s.rulayand NOTtcEISHI!REBYIlIvOlllhlitllleCIIY~lal\of."'CI. If_oJSouIh~'. te~HoIIo'orys M1;Jlll, ',FJ\lrld$ .... lIh~ond\IC\" Publlc: ~9adng~ at <,116 ·tpedal CI
MIarr6, ~Dad&CotmIy, F/cHIda >CommJs;slol1ll1llQ;1/njJ &eIrt:d)lled rDrSiM.la;y.Ap~I~. 2005 bIIg!nnlnga
$'I' ATE OF FLORIDA 9:30 a.m., In 11m -CUy C(UT~ml!;81oll ClKlm~OIS. 613il SUniiGI. Dri'le;to'
eO:;O::~~;:;:~aUIhQrlo/ pmonoo~ appeared ;:;:;;:~~5..~,·"~:·.c:~:·: ~ ... ~;.,~:_., ~.t~;:~:~·;
O,V, FERBE'{I'IE, who on oatil say~ that he Of sh9 Is Ihll AN'OIUlIKANC~ OF TIll!.. MA"{Olf:ANO clW COMMISSION
SlJPERVISOR, Legal Nollces Illlh8 MIIIIt1J Oally SuslnBSs ~.-_._-__ AA'_' ._ .... -........ ~ .~ .. , ........ '"' ........
RevIew fl\lJa Mlaml Review; 8, dally (alIc.ep\ SatUlday, Sunday
Bnd UJgaf tiolldays) newspaptt, putlllsbetl al Mlamllfl Mlaml-Dade
CoIll1Iy, Rodda; !hat tho artaehed copy of ad\.'erllsamont,
beIng a lagal AdVertisement oj NaUce In t\w mailer 01
CITY OF SOUTH MIAMI
PUBLIC HEARING 41912005
In ifill )(XXX COurt.
was pllblislled In ,aid nIlWSpliper In the Issues of
03/31/2005
AfJlanl further says Ihat lhe $ala Miami Dally Busln&ss
RsvLew Is a n6WSpaparpllblishad $1 MiemllnsaldMlami,Oade
County, FlOrida $nd thal 1h4 said newspaper bes
heretofore been conYnuously ptJbllshed In said Miaml..oad& COunty,
FIorirla, eacb day {excepl setun:!ay, Sunday ~tega1 HolIdays}
and has bean eowed as seeorui cfess mall matter, allha posl
allies in Mlamllt1 said Miaml'Dade Coupty, RorIda, IGt a
period af 'me yoor nSllt Pf'lCllding 1l1 ... 111$1 plIblicallOli aI tile
anacbed copy of adYalllsemenr, and amenl furtMr say::; thaI he ar
she has neilhElr paid nor pmmlsed eny palSon, Illlfl or oorp<.l.a!ion
any thcounl, rebate, commission or refund for Ihe pllrpOS&
o1geCUrli2ac1\1e~or plJl!!lMtkm In IInl &Old
nawspepar .
'/
Sworn 10 end .subsCribed before !TIll this
31~~
...... ~ MariatMe.m
(SEAL) tt./1 "11Comml$SJon0D28385S
O.V. FERtlEYRE pe .. on~f;fn~MmII~:<OO8'
'f'" ;'" ... ~"..~.,;,..1.:."*:bL.
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,;
. :'EflltRtidlijir "OmrUaOqj;
AU ORDIR.ANCE '01' TflE MAYOR AND CITY COMMISSiON
'~b~~~'~kt~~G~'M=~";i~1tN~~
~;~g:~N!tJ~~.~~::~N~~
QFfOUR STORJeS ANDM« AHOAtL RELATeOAPf'Uo·
CA.1l0NS FOIt V.AR!ANCe. SPECIAl: EXCEPru)NS OR
OTl\ER ZONING CHANGES: PROvtDINI)'"EXCaonoNS;
PROvltllN9 FOR ORDINANCES IN COHrucr, (lCIDIflCA-,
, '110N,SEVE/lAlIIutY AHOAN El'FEGT1VEPATE.
, A~~INMC"E OFTffiirAAYO~ANO CI1Y·~·ONMISSroN'
·OF lliE CllY OF SQUiH MIAMI, fl.9fUO>\ REv..T1~ TO
ZONING: Etl'.A9IJtlHING A NINEoNOtml, TEMPORARY
MORATOMJM ONlHE ISSUANCE OF BUtl1l1NG PERMITS
FOR·BUIUlINGS llfAT EXCEED A ·aulI.DING HaGHT:OF '.=~':~JgESnc~O :O=~~I~;=~:~ ~
, DtSTANCE OF~II(I F&ET OF ASINGLE.fAMILYRESIDEN.
l1A!.iQIm' PROPEFlN UNEf PROVIDING EXCEPTIONS;
. ;~~~~uO~O~~S;~:~~V~.ODl~ICA-
~ ' ...... .
A RksOLUTION OF:TNE MAYOR ,AND CITY cbMMISSION
Of! ltIE CItY OF;SOUTK MIAMI, Fl.ORIDA APPROVING Pr
~s=~~~rND~~~~:~~~.J~~ 1.
Uas.oPMEtIT M~.IJ!3E':ZONING:DIS'ntlCT 'MORE I
SpEtIAC~Y "OCATEO'AT 61JOrMe40 SW 51 AVENUE ~=:V~~~~~ElJW~~~~~~.1
AND URBAN DESIGN ISSUES, 'ANO' CONS.1RuonON Of.:'-·Y
APPtto.PfUATI! PUBUC INFRASTJWCTIfl\e AN.D LAND-.
"SCAPING: AND PIt.OVlDINGMlEfFEC11VE DATE. .'
·'sPEeIAi.H!;jm.· . . _.
PU'1'usntto FIOrfdll StoteSblblte163,3221lIltllfoskld .
pet;aorn.· ale IIdYlled '1bat In addition, tQ .:tbe
!nfilmlallltn.lllr"rtltflb~\1.1It1L prllPOllIdprojectwm
be "bunt 011 • taven acrefnlct.ofbnd 'lId-wlll hIIVIt' a
dWelling lInH daMIty Qf 158.3 uiIttt .p1ir lIere and a· .
flOllf-antHtlUo {fAR) or1.54. Tlltt IiIUIIlDlfldpllpu!a.
tlllff dHlflttofttl. proJeet1$132 paraona per aeTlI.'A
~Qpy ofllUtdllVOlqpmolntatlreemtnte3n I1e Obtailt8d
.,at the ~Olith Miami. Plltmlng (lftpllttmont ,lit. Ill"
adcrr.ullbo"'"!lbOll'."" .
'ALlln!!lRl,!9d p~rtiee areJnyll$dlOaliendiU'lllwillbeiiuRl. ,.
,', • .' . . 'Mana Mi'MGnendllt
CIlyCl'eril .
Pul$ua'nl IQ flodlla SIaMoe 2&;,(11(15, lile (o1b' h!ll'l!lIy advIses 1115
'pilblrc·lhat·ffa·\lsmOn'detldM to -IIpp6sl eny 4eclfioo 111114(1 b(1IIis '~~~m;r:~~t~~h~~nS:::a~~ldm~=::n'g~' ~
·I1M Ihatfor tuch pUIpO!:e. IIffae\ed1lo(l;<ID mllY nlllKl tQ en!llj/1J thet II
'wrbaltn 1el:Old.1 IIlap~adkl!l91s I\flIdo which rocotd./rdud •• the
:~y and avldBflOOUjlonwhlohllieappaBllslo b"ba •• d,
'313{', _.. • 1)5.3.47ffl32(1SM
at 1'1:30 a.m. Sam ..
W Matriot Hotel,
lAve.
'ascual Martinez
n Carolina Lurfa
~ the event which
a "CosI;Dic Craze"
lrticiparlts will
Idren from new-
years old wearing
it retailers includ ..
md Jack, Bognar u, Boy'Meets Girl,
letit Choux,. Dilily
an. There is a $50
11 fee per child
ckets range' from
) and tables of 10
e. For more infor-
for tickets, caU'
,786-208-1822. :
; MEETING
omi chapter. of
rill have its meet-
. at 8 p.m. Aprilll
)winds clubhouse,
112th Place and
.all Drive.
peaker Sarbara
subject w.il1 be
ft. .
~ information, call
~Iss, 305-274-0197,
I TREATS
rman American
of Greater Miami
; annual luau from
Idriight.April 16 at
15e, 11919 SW 56th
ian chicken and
all the trimmings
ffered and The
will play for danc-
~ is $10 and di-nner
:mal $10. For more
" c,11305-553-8587
1123.
ria! Fund, part of the founda-
tion, provides needed funding
for Miami's youth programs,
including those at: the Y.
The YMCA is one of six
organizations to receive fund-
ing for 2005. 'The Y will use
the gtant to provide sports
scholarships ·for more t~an
150 youngsters between ,the
ages of 4 and 17 from law-in-
come ·communities.
, The grant targets Y recre-'
ational progral;lls illcluding
flag football, soccer, basket-
ball, karate and cheerleading
in the communities of West
Dade. Hialeah, Medley, Miami
Springs, Hialeah Gardens,
VirgInia Gardens, Carol,City
and l'vfiami Lakes.
Other grant recipients are
. the Chlldren's Resource Fund
($8,500) to provide 45 special
needs children ages 3-5 with
Music/Dance' movement
classes and Karate; Perrine
Baseball and Softball Assoda.:.
tion ($7,500) .toward capital
improvem~nts at FraI\jo Park;
Glades. Baseball and Softball
League, Inc. ($7,OPO) 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 an'd .
Girls Club ($5,500) to provide
'more'than 500 b.oys and girls
with unlforms, equip~ent and
supplies at the kendall.Soys
and Girls Club. For more
information' call toll free
1-877-WOW-YMCA
()0877-9@-96ZZ). .
If you have news for this
columfl. please send it to B~a
Moss. Friends and Neighbors,
Neighborsl 7300 N. Kendall
SHIP GiFT Dr., Suite 200, Miami, FL 33156
.teA of Greater. orfaxto30S-671-4350.PictuT€s
) been awarded cannotberetumed.Ifyouhave
r Youth Sports questions. call Bea Moss at
)s from the Kiwa~ 305-671-4341 and leave a mes-
;C Miami's Youth sage, Her e'-mail address is
I. The Zee MemoM
, Beaone@aol.com.
Kind of like a
. weather report
for entert:ainInent.
NEEKEND·
submlbelo Tbe Berald DOW. Call 1·800-441-0444.
1.,
Torn between a Caribbean cruise and rivet r",f'tinoi{
Find Travel $eUutions in Sunday's H","';Do:!.
COURTESY NOTiCe'
CI,TV Of SOUTH MiAMI, FLORIDA
On Saturday, April 9, 2005., beginn\ng at 9:30 a.m., In the City Commission
Chambers, 6130 Sunset Drive, the· Cily Commission will hold at ils speoial
meeting Publio Hearings to consider the· following ilems: .
· AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMILANO
DEVFl.OPMENT CODe IlV CHANGING THE, ZONING, USE DISTRICT 'FROM "TODO{MU4)",
'·.TRANSIT ORIENTED OEVELOPMENT DISTRICT {MIlCED USE·4) TO "PUD-M"· PLANNED UNIT
D£VELOPMENT 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 CONSTRUC.TION OF A
MIXED USE PROJECT CONSISTiNG. OF MULTI-FAMILY RESIDENTIAL BUILDIN.GS, RETAIL USES
AND A PARKING GARAGE; SErrlNG FORTH CONDITIONS OF APPROVAL RELATED TO THE
DETERMINATION OF CONCURRENCY. . '
· AN ORDINANCE' ADOPTING A DEVELOPMENf AGREEMENT PURSUANT TO FLORIDA STATE
STATUE 163.3221 FOR A PLANNeD UNIT DEVELOPMENi·MIXEO USE PROJECT KNOWN AS RED
ROAD COMMONS LOCATED AT 6600·6640 SW 57 AVENUE AND 5757 sW 68 STREET; THE
· OEVELOPMENT·WILL INCLUDE BUILDINGS Of UP TO fiVE 151 STORIES IN HEIGHT AND THE
FOl.l..OWlf'tG USES: ulJ TO 409 MUL.TI·J:AMILY ReSIDENTIAL UN TS, RETAil USES, OFFICE USES
AND A PARI<ING GARAGE. .. .. .
AN ORDINANCE CREATING SEC. 2-26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY
COMMITTeE.II
·AN ORDINAtlmE AUTHORIZING THE CITY MANAGEt=t TO SIGN A TWO YEAR CONTRACT WIT~
BELLSOUTH AS THE CITIES LONG DISTAI\lCE SERVICE PROVlDER, GENERATING ESTIMATED
,SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT.
, .' .' .
AN ORDINANCE PROVIDING FOR LONG-TERM. MANAGEMENT AGREEMENT WITH MONTANA!.
MCLEAN TENNIS, INC. FOR TENNIS SE~VICES AT DANTE FASCELL PARK.
AN ORDINANCE ESTABLISHING. A MORATORIUM ON NEW APPLICATIONS FOR Al.L
DEVELOPMENT ORDERS .. APPROVALS AND PERMITS FOR BUILDIN.GS IN J:){CESS OF FOUR
STORIES AND ANY AND ALL REJ.ATED APPLICATIONS 'FOR VARIANCE, SPECIAL EXCEPTioNs
OR OTHER ZONING CHANGES. '
AN ORDINANCE, ESTABLISHING A NINE .. MONTH TEMPORAIW MORATORIUM ON THE
ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EKCEED A BUILDING HEIGHT OF
· TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEEl, AND TWO STORIES AND 30 FEET
WITHIN A DISTANCE OF 100 FEET OF A SINGLE-FAMILY RESIDENTIAL ZONED PROPERTY LINE.
I
SPECIAL NOTE: : , -,
Pursuant to FlorIda state Statue 163.3221 Interested persons are advised that III addition to the
Infotmation $et forth ,:.bove'the proposed project will be built on a seven acre tract of land and
will have a dwelling un1t density of 58.3 units per acre and a fIoor¥sres wrat!o (FAR) of 1.54. The
eGtlm~ted population den~ll.y t:Jf the project Is 132 persons per acre. A <:opy of the development
agreement can be obtained at the South Miami Planning Department at the address shown
above.
A RESOlUTlQN RELATING TO A ·REQUEST FOR A VARIANOE FROM SECTION 20-3.5IE) OF THE .
LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE SUlloT 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 uRS..a" SINGLEwFAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5990
SW 84 Street, SOUTH MIAMI. FLORIDA, AND LEGALLY DESCRleED AS LOT B OF SEAVIEW ESTATES. . ,
· A RESOLUTION FOR A SPECIAL LISE APPROVAL TO lOCATE A GENERAL FlESTAURANT IN THE
''SR IHO"OV)lT SPECIALTY RETAIL HoMETOWN -nlSTRICT OVERLAY ZONING DISTRICT
SPEC FICALLY LOCATED AT 5850 SUNSET DRIVE, .
Inquiries concerning the above two items should be directed to the
City Clerk's office at 305-663-6340. .
ALL interested parties are Invited to attend and will be heard.
Marra M. Men6ndez
CI~Clerk
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SW 67TH ST Q.
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RED ROAD
COMMONS
SW 68TH ST ~"'~==~T-=V==; ~=::: :s, / . V) .~/ ~ S~ ~ S,?-~, s // r ~\ . 7" fi.G <f) (fpymA AV J l SW 70TH ~T ~ . / ~# ~ ( SAN REMO AV
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-'---'------t7'! ~ Db i J SW 74
SW 74
SW 74lli.1
By:
Arturo A. Sosa rP
Surveyor and Mapper 2629 \ ').J"I .
State of Florida \1
PROJ. NO: 2004 01T DATE: 03-23-05 DRAWN: 55 CHECKED: MS SCALE: NT5
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LUDOVICI & ORANGE RED ROAD
CONSULTING ENGINEERS, INC. COMMONS
329 PALERMO AVENUE, CORAL GABLES, FLORIDA 33134' 305/448-1600· LB 1012 ~
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