6THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: June 2, 2015
SUBJECT
,
Agenda Item No.: __
An Ordinance amending the Development Agreement between South Miami Corporation
and the City of South Miami for the development of the project known as "Project Sunset",
enacted on June 14, 2005, amended on December 4, 2012, to extend the expiration date
from June 14, 2015 to June 14, 2025, and to permit amendments agreed to between South
Miami Corporation and the City of South Miami.
BACKGROUND
In March of 2005, South Miami Corporation ("Company") and the City of South Miami
("City") entered into a Development Agreement related to the development of property
located at 5750 Sunset Drive and the adjacent 1.5 blocks to the south and southwest in
South Miami, Florida ("Property"). The Property includes the headquarters of the First
National Bank of South Miami.
The Development Agreement, a copy of which is attached, was approved by the City
Commission in 2005 and currently expires on June 14, 2015, and was recorded in the Public
Records on February 7,2008. In June of 2005, the City Commission approved an amendment
to the development agreement via Ordinance #18-05-1840, which consisted of two (2)
changes to the development agreement. The first change was to the phasing of the project,
which can be found in Section 4 titled "Use of Property." The second change was to Section
5(b), entitled "Public Facilities Serving the Project." This agreement was further updated on
December 4, 2012 (Ordinance #28-12-2144) following a public hearing where the City
Commission approved and amended the development agreement and on February 27, 2013,
this revised development agreement was recorded with the County. The amended
development agreement is also attached as backup material. Amendments to the
Development Agreement, including extensions of time, are contemplated by Sections 3 and
35 ofthe Development Agreement and by Section 163.3237, Florida Statues.
The Development Agreement approved a mixed-use development in the Hometown District
that includes residential units and commercial space. Two special exceptions were
permitted to allow additional lot coverage and building square footage and to allow four (4)
drive-through teller lanes where only two were permitted as of right. The terms for approval
Amendment to a Development Agreement
5750 Sunset Drive
june 2, 2015
Page 2 of3
are described in the Updated Development Agreement and remain in full force and effect.
Development of the Property under the approved plans has not commenced since the
recordation of the Agreement, due to economic and market considerations. In the interim,
the Property is used as a Bank and for off-street parking.
ANALYSIS
The applicant is requesting simply to provide an extension of 10-years to the term, from June
14, 2015 to June 14, 2025, which requires an amendment of the Development Agreement.
The permissions, zoning and concept of the proposed development enabled by the
Development Agreement are not changed by the recommended ordinance.
RECOMMENOATION
It is recommended that the City Commission approve the proposed Amendment to the
Development Agreement by adoption of the attached ordinance.
Attachments:
1. Proposed Ordinance
2. Letter of Intent
3. Development Agreement recorded on February 7, 2008 (Ord #05-05-1827)
4. Amended Development Agreement, recorded on February 27, 2013
5. Ordinance #18-05-1840
6. Ordinance #28-12-2144
7. Resolution #31-05-12010
8. Fl. State Statute 163.3220-163.3243
VP
G:\City of South Miami\5750 Sunset Dr Development Agreement
1 ORDINANCE NO. ___ _
2 An Ordinance amending the Development Agreement between South Miami Corporation
3 and the City of South Miami for the development of the project known as "Project
4 Sunset", enacted on June 14,2005, amended on December 4, 2012, to extend the expiration
5 date from June 14, 2015 to June 14, 2025, and to permit Amendments agreed to between
6 South Miami Corporation and the City of South Miami.
7 WHEREAS, South Miami Corporation and the City of South Miami entered into a
8 Development Agreement for the development known as "Project Sunset" on June 14, 2005,
9 which was approved and adopted by Ordinance 05-05-1827
10 WHEREAS, South Miami Corporation and the City of South Miami entered into an
11 Amended Development Agreement on December 4, 2012, which approved and adopted by
12 Ordinance 28-12-2144; and
13 WHEREAS, the Mayor and City Commission for the City of South Miami desire to
14 extend the effective date of the Development Agreement, and to permit other amendments
15 agreed to between South Miami Corporation and the City of South Miami.
16 NOW, THEREFORE, BE IT ORDAINED BY THE MAJOR AND CITY
17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
18 Section 1. Ordinance 28-12-2144 is hereby amended so as to approve of the Second
19 Amendment to the Development Agreement between South Miami Corporation and the City of
20 South Miami which was originally approved on June 14, 2005, recorded in Official Records
21 Book 26203 at Pages 1380-1401, as amended on December 4,2012, by Ordinance 28-12-2144,
22 and which is hereby further amended as to paragraphs 3 and 35 to read as follows:
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
3.
35.
Effective Date; Duration of Agreement. This Agreement shall be
effective as of June 14, 2005 (the "Effective Date"), the date that the City
passed and adopted a resolution agreeing to the terms and conditions of
the first Amended Development Agreement. This Agreement, as
currently amended, shall terminate teA twenty (20) years from the
Effective Date of this Agreement, unless otherwise extended or
terminated as provided for herein or in the act. The maximum period of
this agreement shall be teR (10J twenty (20) years from the Effective Date
unless extended by mutual consent of all legal and equitable owners of
the Property and the city upon approval at a public hearing, as provided in
the Act.
Recordation. Within twenty (20) days after the Second Amended
Development Agreement has been signed by both the Company and the
City, the City shall cause a copy of the Second Amended Development
Agreement to be recorded at the Gity's Company's expense in the registry
of deeds in Miami-Dade County.
MIAMI 4606888.4 76813/29325
39 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
40 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
41 shall not affect the validity of the remaining portions of this ordinance.
42 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all
43 sections and parts of sections of.ordinances in direct conflict herewith are hereby repealed.
44 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
45 that give the appearance of being in conflict when the two ordinances can be harmonized or
46 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
47 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
48 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
49 to harmonize the two ordinances shall be repealed.
50 Section 4. Effective Date. This ordinance shall become effective upon enactment.
51
52
PASSED AND ENACTED this __ day of ____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
~:'~i' Bilzin Sumberg
; ---'", r:: \ ::: Y;: >. -, •• .-,
HAND DELIVERY/REVISED LETTER OF INTENT
Mr. Steven Alexander, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: South Miami Corporation
Property: 5750 Sunset Drive and adjacent 1.5 Blocks
Jerry S. Proctor, Esq.
Te' 305.350.2361
Fax 305.351.2250
jproctor@bilzin.com
May 11,2015
Folio Nos.: 09-4036-022-0060, 09-4036-022-0070, 09-4036-022-0400, 09-4036-
022-0410, 09-4036-022-0450, 09-4036-022-0420, 09-4036-022-0430, 09-4036-
022-0320,09-4036-022-0310, 09-4036-022-0300, 09-4036-022-0330, and 09-
4036-022-0290
Dear Mr. Alexander:
Our firm represents South Miami Corporation, owner of property at 5750 Sunset Drive
and the adjacent 1.5 blocks to the South and Southwest (the "Property"). The Property carries
Miami-Dade County tax folio numbers 09-4036-022-0060, 09-4036-022-0070, 09-4036-022-
0400, 09-4036-022-0410, 09-4036-022-0450, 09-4036-022-0420, 09-4036-022-0430, 09-4036-
022-0320, 09-4036-022-0310, 09-4036-022-0300, 09-4036-022-0330, and 09-4036-022-0290.
South Miami Corporation files, as an addendum to this letter, the required Annual Report of
Development Agreement between South Miami Corporation and the City of South Miami. The
Development Agreement was originally approved by the City Commission in 2005 and expires
on June 14, 2015. The attached Report describes the current status of the development, the
Property, and all aspects of the Development Order approved in 2005 by the City Commission.
By virtue of this letter, please accept this request for amendment of the Development
Agreement to provide an additional 10-year term, from June 14, 2015 to June 14, 2025.
Amendments to the Development Agreement, including extensions of time, are contemplated by
Sections 3 and 30 of the Development Agreement and by Section 163.3237, Florida Statutes.
This amendment may be accomplished by virtue of the following proposed amendments to
Sections 3 and 35 of the Development Agreement:
MIAMI 4578826.3 76813/29325
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131~3456 IF.1305.374.7580 ~·:a:t. 305.374.7593
Steven Alexander.
City of South Miami
May 11, 2015
Page 2
3. Effective Date; Duration of Agreement. This Agreement shall be
effective as of June 14, 2005 (the "Effective Date"), the date that the City
passed and adopted a resolution agreeing to the terms and conditions of
the first Amended Development Agreement. This Agreement, as
currently amended, shall terminate left twenty (20) years from the
Effective Date of this Agreement, unless otherwise extended or
terminated as provided for herein or in the act. The maximum period of
this agreement shall be ten (1Q) twenty (20) years from the Effective Date
unless extended by mutual consent of all legal and equitable owners of
the Property and the city upon approval at a public hearing, as provided in
the Act.
35. Recordation. Within twenty (20) days after the Second Amended
Development Agreement has been signed by both the Company and the
City, the City shall cause a copy of the Second Amended Development
Agreement to be recorded at the Gity's Company's expense in the registry
of deeds in Miami-Dade County.
(Strikeouts indicate words to be deleted, underlines indicate words to be added).
South Miami Corporation plans to investigate the feasible development of the Property, in
accordance with the requirements and aspirations of the City of South Miami Comprehensive
Plan, the Land Development Code, and the principles espoused in the Development Plan
approved by the City Commission in 2005. The economic factors which have precluded
development for most of the past decade have improved to the point where South Miami
Corporation wishes to take these steps in concert with City regulations, and City officials.
Extension of the Development Agreement carries forward the following public benefits
included as commitments in the Agreement:
1. A mixed-use development that complies with the spirit and letter of the
"Hometown Plan" and the Comprehensive Plan.
2. Donation to meet Park and Recreation needs of the City.
3. Provision of convenience retail needs such as a bank and restaurants.
4. Provis'lon of residential development in the Downtown Core.
5. A commitment to utilize a local work force in connection with development of the
project, and in conjunction with selection of ongoing employees and in consideration of leasing
opportunities within the project.
MIAMI 4578826.3 76813/29325
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Steven Alexander.
City of South Miami
May 11, 2015
Page 3
In accordance with this request, and with the presentation of the Annual Report, please
schedule this request before an appropriate agenda of the City Commission.
Thank you for your consideration.
JBP: id
c: Thomas Pepe, Esq., City Attorney
Joseph Corradino, Planning Director
Maria Menendez, City Clerk
Bruce MacArthur
Veronica Flores
Don Vitek
Nadine Heidrich
MIAMI 4578826.3 76813129325
ct:'~ BILZIN SUM BERG BAENA PRICE & AXELROD LLP
Sincerely,
;:at:?
City of South Miami
Planning & Zoning Department
City Hall. 6130 Sunset Drive. Soulh Mio.mi, Florida. 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application for Public Hearing before Planning Board & City Commission
Address of Subject Property: Lotls) _ Block __ Subdivision
M t5Z~O ~unset Drive ee s cun $:
PB -S E h' €' j; "" f ,J-AmenaeaDe'T~Iop~e/i ~ ;;gr~em~ntattac e
Applicant: Phone:
So'-'th ~iami Co -< ~ ,n~_~r,?_<A~n
Representative: Jerry B_ Proctor Organization:
Bilzin Sumberg
Address: 1450 Brickell Avenue Phone: 305-350-2361
Rl1i t-., ~~I'" M.' ~T " ~ A
Property Owner: South Miami Corporation -Signature: X\ \? tJ ~/, h·
Mailing Address: 680 N. Lakeshore Drive Phone: '~(;J~-if~
Suite 1900 312-475-6363 -~ ~
ArchitecVEngineer:-H~v~"u, ~L Queu Phone:
AS THE APPLICANT, PLEASE tNDICATE YOUR RELATIONSHIP TO THIS PROJECT:
.JPwner Owner's Representative Contract to purchase Option to purchase T enanVlessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
-Teld Amendment to LDC _Variance -Letter of mtent
_Zoning Map Amendment _Spacial Use _ Justifications for change
_ PUD Approval _Special Exception _ Statement of hardship
_ PUD Major Change x...Other (Waher af Plet) _ Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite speCific COde sections: _ Contract to purchase
_ Current survey (1 original sealed and
See attached Letter of Intent signedl1 reduced copy@ 11" x 17")
_ 15 copies of Site Plan and Floor Plans
24x 36",1 reduced copy@11"x 17"
Affidavit-Receipts attesting to mall
-notices sent
Section:_ Subseclion: __ Page #: __ Amended Dale:
_ Mailing labels (3 sets) and map
_ Required Fee(s)
Offe to the best (he a ~ all 'Ilewlelfgc and belier.
T. he undersigned l~read is C 1 ICled npJillsJU(PlLlllld represents that the information and all submitted materials are true and
~~¥''--' .____ BK LA. C e~ (.0,;rV1 ACA-P::,:r1+U-L s-( d. ( / ( S-
A ) icant's SIgnature and title PrilltName Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regUlations, Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed--,:--::--__
Petition Required __
Method of Pa ment
Date of PB Hearing _____ Date of Commission ____ _
Petition Accepted, _____ _
Z:\Forms\Current Planning Department Forms\Planning Departft'lent Forrns\Planntng BGard\PB -Text Amend Application -Revised 4·
30-2013.doc
d
....
Ua!'eh
SOUTH
SOUTH
DEVELOPMENT AG~EMENT
BETWEEN
.f\lTPtC+\N1iQ\l r"* :3
111111111111111111111111111111111111111111111 CFN 200BR0104490
OR Bk :16203 Ps. 1380 -14011 (2206!
RECORDED 02197/2008 10"3'06
HARVE;Y RUVIN, CLERK OF COURT
MIAfiI-DAIJE COUNTY, FUiRWIl
THE CITY OF SOUTH MIAMI, FLORIDA
AND SOUTH MIAMI CORPORATION
THIS DEVELOPMENT AGREEMENT ("Agreement") is made as of
• 2@@5 June 14, 2005 by and between THE CITY OF
MIAMI, FLORIDA a municipal corporatiQn ("City"), and
MIAMI CORPORATION (" Company" ) or its assignee.
RECITALS
WHE~S, the Florida tocal Government Development'
Agreement Act., set forth in sections 163.3220 ~ 163.3243,
Florida Statutes, set forth in Exhibit "A" (the "Act")
provides for the execution of develQpment agreements for a
term .not to exceed ten (10) years to insure that the law in
effect at the time of the execution of the development
agr.eement shall govern the development of the land for the
duration of the agreement; and
WHE~, the city cQmmission of the City of South
Miami has adopted Ordinance No. 05-05-11ir27 which implements
the Act and permits the consideration and the adoption of
this agreement; ,md
WHE~S, the Company owns approximately 4.5+/-acres,
zoned HD-OV, described in Exhibit "5," (the "Property");
and
WHEREA$, the Company desires to construct a mixed use
development encompassing retail., ·o.ffice and residential
components described in Exhibit "c"t (the "Project") in the
Home.town District Overlay Zone within the City of South
Miami.
Page 1 of 17
'.
"
NOW, THEREFORE, in consideration of the aPove recitals
and the foll.owing covenants, terms and conditions the
receipt and sufficiency of which are expressly
acknowledged, the city and Company60venant and, agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A" . This property is deemed to be one
unified parcel and .is subject to the unity of title
pursuant to the requirements of sections 20.7.30 and 20-
5.14 of the City L.and Development Code (the "LDC") attached
hereto as Exhi:bit "0".
3 . Effective Da_te; Duration of Agreement. This
agreement shall become effective after it has been recorded
in the public records of Miami-Dade County and thirty (30)
days after it is received Py tpe Florida Department of
Community Affair$ .(the "Effective Date".) . This agreement
shall terminate ten years from the effective date of this
agreement, unless othe,rwiseextende\i or terminated as
provided for perein or in the a(:t. The maximum period of
this agreement shall be ten (10) years from the effective
date unles.s extended by mutual consent of all legal and
equitable owners of the Property and tlJe city upon approval
at a p'Ublic heari)1g, afj providEild in the act.
4. Use of Pr.operty . The property descripe\i ,in Exhipit
"A" is to pe utilized for the project descriPed in txhipit
"C": a mixed use residential, office and retail project
with a refji.dential Ufje not to exceed 108 dwelling units on
Page 2 o.f ;1.7
approximately 4.5 +1-acres. The project will include
"chamfered" corners where it abuts roadway intersections
Pllrsuant to Exhibit "Cu. The occupied sPace of the project
will not exceed four stories or fifty six (56) feet in
height unless otherwise permitted by the South Miami
comprehensive plan or its land development regulations. The
total of occupied space of the project shall notel:tceed
four stories. Non-occupied space shall not exceed a maximum
height of fifty sil:t feet. The project shall be built in two
phases as follows:
• Phase I shall consist of Blocks "Au and ~"B"
described in Exhibit "C".
• Pha,se II shall consis.t of Block AJ¥'. "C" described
in El:thibi t "e" ..
• The Company may elect to illlPlement the
development plan in one phase ..
• 'rheCompany may elect to utilize Block "C" as a
temporary bank facility with drive-through lanes
(not to exceed foUr lanes) which facility sha.ll
be removed upon the issuance of the Certificate
of OCQupancy fQr the Bank facility on Block "A".
The overall development of the pl:"operty shall be
conducted in accordance with the apPl:"ovedsite plan on file
at the City, (attached and incorporated as Exhibit "8")
including elevations, architectural featur.es and estimated,
commercial square footage pursuant to Section 20.3-7, of
the LDC.
5. Public !'acilitl.es Serving the Project. In order to
enhance. public facilities in the City of Scuth Miami, the
Page 3 of 17
Company agrees to pJ;ovide the services listed below in
compliance with Section 20-4.1 of the LDC,including:.
(a) Roadways
An operational tr·affic study was conducted by
the city and the Company agrees to the
recommendations of city staff as set forth in
their staff report which recommendations are
incorporated herein by reference.
(b) Parks and Recreation
Based on the projected residential population
on the Property, Company agrees \;8 l!'ay hi!! ei!!
p~~rnbde .8 asmre,$ BE la~~ ase9fl1§.aale ~'e Eft,e
Si:1sy !!I§:If a p:u?elie !38!§):. 1¥1 eAe aleeFnati-J e "
,the SSlRP,a.¥i:; maj prre. ie.\e a: "_Blieseiieut:e ,_aymeFlt1!"
13aae:Ei eft 1!he a r
; eU!8tge salea plflb@e af
if~ei~enl:_ial f3reps:ei::t is line aazt:j -~ u e~ ~~e le\-et-
.:'{B'EHL The €rempafIl' S l1aymeA~,'-ssall :ee ,laeea .in
a: speeial ~t!l\S: i83§ e,efteiiA! eft 8:B¥it.al
ilmplUrFJ,emee!ee te p8:3!le ana a!ee9!esE:iSft i8:eil:io-e:ie-e
in _eh6 Q:i;1iy. 'fhe PaymeRt BAall se mEtae ift efts
l"liffL18 SUtfl en 8i! he;if@l'e a €elE'8!i: fi eatie sf 9s's 8:!Hi
Qesl:!pan&y .is §'xaf'l:_eea rSF ties iiFe's !j!'-e,eielent!i:al
'Iilna.t. 'eFl Eke P~_e~eFtj; to donate: -$232,000 in
one ~WIIP sum as its responsibility for meeting
park and reCreation concurrency. Payment sha~~
belllade 011 or before receipt of the first
b:u:Ucling pe=it and shal1inc~ude /ilny interest
or ca.rrying cost. inctirred by the City until
receipt of the payment."
(c) Sanitary Sewers
WateJ;. and Sewer services that comp;J.y with all
requirements of Mi;'lmi-Pade County for any
building prior to issuance of a .final
Certificate of Use and Occupancy.
Page 4 of 17
(d) Solid Waste
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.
(e) Schools
The Company commits to pay upon the issuance
of the initial certificate of occupancy any
required Miami-Dade County School Board school
impact fees.
6'. Concurrency. The City of South Miami has determined
that the Company's performance under the Developmeont
Agreement satisfies the concurrency requ'irements,as
delineated i,n Section 20-4.1, City Code., By execution of
this Agreement, the City acknowledges that the application
for site plan approval meets all concurrency regulations
enumerated in Section 20-4.1 of the City Code, and that the
site plan application and this Agreement are consistent
wit,h the City Comprehensive Plan and Land Development
Regulations.
7. Permits. The permits preliminarily identified as
necessary for development ,of the project are described as
follows:
(a) Special Exception to permit four driv'e-
through teller lanes within the site.
(b) Special Exception to provide 72.2% +/-lot
coverage.
(c.) Special Use permit to permit up to fOur
restaurants with a maximum total o'f 13,82,0+/-
square feet with parking to be supplied from any
Page 5 of 17
"
'.
e)tcess parking within the site, Retail and
restaurant parking shall be marked and signed,
8. Development Conditions. The following conditions
shal;!. apply to the development of the project:
(a) The Company shall meet all applicable
building codes, land development regulations,
ordina.nces and other laws.
(b) The company shall adhere to the requirements
of all permits for the project.
(c) The Company' shall develop the project in
conformance with the parameters set forth in this
agreement.
(d) All development shall be in accord with the
site plan submitted' with the special exception
and special uSe applications, said site plan
incorporated in ;E:xhibit "c".
(e) The Company shall provide the Department of
Planning with a temporary parking pl;;m, including
an operational plan, whic;h addresses construction
employee parking during. the construction period.
said p1.ansha;!.l inc;!.ude an enforcement plan and
shall be subject to the review and approval by
the planning director prior to the issuance of
any building permits and shall be enforced during
c;onstruction activity.
f) All conditions imposed by the City Commission
shall be incorporated in this Oevelopment
Agreement.
g) Company shall reimburse the City its lost
parking revenue from. any jIIetered parking spaces
Page 6 .of 17
, '\. ~
, ",
adjacent to the Property which it bccupies or
uses during the construction period,
h) The Company shall donate to a city trust fund
$40,000,00 to be used by the city for tra.ffic
calming or other traffic miti.gation programs
within the City of South Miami, This money shall
be donated to the City , prior to the issuance of
its first building permit.
9. Consistency with City of South Miami comprehensive
Plan and Land Development Regulations. The city has adopted
a Comprehensive Plan and Land Development Regulations in
accordance with Chapter 163, Part II, Florida Statutes, The
city finds that the project is consistent. with the city's
comprehensive plan and the city's land development
regulations. The project, a mixed use residential, office
and retail development, as set forth herein, is consistent
with the "Mixed-Use Commercial/Residential (Four Story)"
designation on the future land use map, .and the HD-OV
zoning. district on the Official Zoning' Atlas of the City of
South Miami. Goal 2 of the Future Land Use Element
identifies. the defines the home town district which
consists of the "Hometown District Overlay Zone," as
defined in Article VII, sections 20-7,1 through 20.-7.52 of
the city's land development regulation·s.
10. 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
COIilllt:i.ssloQ Up.on the ratification of the site plan approval
Page 7 of 17
on the Property, the Property shall not be the subject of a
down zoning application by the City and shall not be
subject to any development moratorium, referenda action,
ordinanc",s, policie,>, or procedures enacted by the City
that limits the development contemplated by this Agreement
and depicted in the site plan. Any failure by this
Agreement to. addrE!:l;s a particular permit,. condition, term
or restriction shall not relieve the Company of the
necessity of complying with ·the law governing said
permitting requirements, conditions, terms or restrictions.
11. Permits, Conditions, Terms and Restriotions not
Addressed. The failure of this agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with th.e laW' governing said permitting
requirements, conditions, terms, or restrictions.
12. Duration of Perm.its. The Company acknowledges that
this agreement doei3 not extend the duration of any permits
or approvals.
13. Law GovE\lrning Deve!ppment of the Property. The
ordinances,. policies and proo",dureS of the City of South
Miami concerning development of thE! property that are in
existence as of the execution of this agreement shall
govern the development of the property for the duration of
the term Qf this agreement N.o ·subsequently adopted
ordinances, policies, or p;rocedures shall apply to the
property except in accordanc", with the provisions of
section 163.3233 (2), Florida Statutes, and Ordinance No.
05-05-iB~1, as attached.
Page 8 0:1; .17
..
14 .~ermination. This agreement may be terminated be(
mutual written consent of the city and Company, sUbject to
the terms and conditions herein. Either party may terminate
this Agreement if the other party commits or allows to be
committed any material breach of this D.evelopment
Agreement. A "material breach" of this Agreement shall
include, but not be limited to, a f.ailureo;e eith.er party
to perform any mat.erial duty or obligation on its part for
any thirty (30) cons.ecutive day period. Neither party may
terminate this Agreem.ent on grounds of material breach of·
this Agreement unless it has provided written notice to
the o.ther party of its intention to dec;:i;are a breach and to
terminate this Ag-reemElllt (the "Notice· to Terminate") and
the breaching party thereafter fails· to cure or take steps
to SUbstantially cure the breach within sixty (60) days
following the receipt of s.uch Notice to Terminate, with the
exception of monetary breaches which shall be cured within
thirty (30) after rec;eipt of notice.
15. AlIsiqnment. This Development Agreement may not be
assigned by the Company ,exc;ept to an aff:l.liated entity,
wit.hout the prior written consent of the Ci,ty. SUbject to
theprElcedingsentence this DElvelopmElnt. Agre.ement ·shall be
binding upon the successors, assigns, and representatives
of the parties hereto. An affiliated entity is an entity of
which South Mi.ami Corporation or a majority of its
sharehold.ers, dirElctly or indirectly owns at least sa of
the beneficial interest.
16.Workl!'orce. The Company agrees. to use its best
efforts to enhance job opportunities for local Citizens ill
connection with thEl project. To that end and in order to
Page 9 of 17
maximize job opportunities for applicants from South Miami,
the Company shall send notice to the Community
Redevelopment Agency Director of the City of South Miami,
or a substitute designee by the City Manager, regarding
employment opportunities related to any (1) construction
work on the Property, (2 ) temporary or permanent
maintenance work on the Property, or (3) proposals for
leasing of retail space or employment opportunities
associated with retail space located on the Prop.erty.
17. Joint Preparation. This agreement has ·been dra.fted
with the participation of the city and Company and their
counsel, and sha.ll not be constr)led against any party on
account of draftsmanship.
111. 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.
19. Captions and Headings. Paragraph headings are :for
convenience only and shall not be used to construe or
interpret this agreement.
20. Applicable LawS, Jurl,i!<diction, 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
163.3243, Florida Statutes. Venue for any
pertaining to the subject matter hereof
exclusively in Miami-Dade County Florida.
page 10 of 17
in Section
litigation
shall be
.~\~nl'l
21. En:Ep%:cement. In any litigation arising out of this
agreement, the prevailing party shall be entitled to
recover its costs and attorneys fees. Attorney's fees
payable under this paragraph shall not exceed 25% of the
amount of damages awarded to the prevailing party and no
party shall be entitled topre-ju<;lgment interest. In any
injunctive or other action not seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but shall be reasonable and shall not exceed an
hourly rate of $300.00 per hour.
22. Inspectipn. Nothing in this Agreement shall be
construed to waive or lindt the City's governmental
authority as a municipal corporation and political
s1.1bdivision of the State of Florida. The Company therefore
understands and agrees that any officl.al inspector of the
City of South Miami, or its ag.entsduly authoJOized, have
the right to enter, .inspect and investigate all activities
on the premises to determine whether the Property complies
with applicable l.aws including but not limited to building
and zoning regulations and thecondi tio.ns her.ein.
23. Authprizatipn to Withhold Pe:ani ts and Inspections.
In the event the Company is obligated to make payments or
improvements under the te.rm:;l 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 i's hereby
authorized to withhold any further permits on the portion
of the: Property failing to comply with this Development
Agreement, and refuse any inspections or grant any
approvals, with regard to that portion of the Property
Page 1.1 of 17
.,
until such time this Development Agreement is complied
with.
24. Representations of the Company. The Company
represents to the City as follows:
(a) The execution, delivery and performance of
this Agreement and all c;>ther instriltnentsand.
agreements ex""cilted in connection wi th this
Agreement have been properly authorized by the
company and do not require further approval by
Company.
(b) This Agreement has been properly executed,
an.;! constitutes company's legal, valid and
binding obligations, .enforceable .against Company
in accordance with its terms.
(el There are no actions, suits
pending or threatened against
or, proceedings
or affecting
Company befOre any court or governmental agency
that would in any material way affect Company'.s
ability to perform this Agreement ..
(dl Company sh"ll not act in anY way whatsoever,
directly Ot indirectly, to cause thi$Agreement
to be amended, modified, canceled, or terminated,
except pursuant to its express terms, and shall
take all actions necess"ry to ens",re that this
Agreement shall remain in full force an.;! effect
at all times.
(e) Company has the financial cap"city to payor
advance to the City all fees and payments as
required under this Agreement.
Page 12 Of 17
.. '
25. Severability. In the event that any of the
covenants, agreements', terms, or provisions contained in
this agreement shall be invalid, illegal., or unenforceable
in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be
in no way affected, prejudiced, or disturbed thereby.
26. Wai.vers. No failure or delay by Company or the
City to insist upon the strict performance of any covenant,
agreement, term or c.ondition 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 subseqllent breach of such covenant, agreement, term or
condition. No covenant, agreement, term, or condition of
this Agreement and no breach ther.eof shall be waived,
altered or modified except by written instrument. No waiver
of any breach shall affect or alter this Agreement, but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
respect to any other then existing or subsequent. breach
thereof.
27 .' Annual Report and Review. It shall be the
responsibility of the Company to submit sn annual report to
the City sllfficient to fulfill the requirements as stated
in the provisi.ons of Section 163.3235, F1-orida Statutes,
and Ordinance No. 05~05-2005. This agreement shall be
reviewed annually on the anniversary of the effective date
of this agreement. The Company, or its ass.ign, shall submit
an annu.al report at least 30 days prior to the annual
revi.ew date.. Tliis report shall contain a section-by-section
listing of What obligations have been met and the date
Page 13 of 17
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 C.ity 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 Agreement may be revoked or
modified hy the City. The oblig·ation to submit an annual
report shall conclude upon the date on which the agreement
is terminated.
28. NoticE!s. Any notices or reports required by this
agreement shall be sent to the follo.wing:
For the City:
Copy to:
For thE! Company:
Copy· to:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Planning Direetor
Planning and Community
Development Department
City 0:1' South Miami
6130 Sunset Drive
South Miami, Florida 3.3143
South Miami Corporation
Attn: Donald F. Hunter,
Vice President
And Wade R. Wacholz, counsel
5750 Sunse.t Drive
south Miami, Florida 33143
Wade R. WachO'lz, Esq.
Gislason & Hunter, LLP .
. P.O. Box 5297
Hopkins, Minnesota 55243-2297
W. Tucker Gibbs, Esq,
215 Grand. Avenue
Coconut Grove., Florida
Page 14 of 17
33133
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of the act, applicable
city ordinances and Florida law.
31. Entire agreement. This
entire agreement arid no prior
representations shall be binding
Company, unless specifically
agreement represents the
or present agreements or
upon either the city or
incorporated herein by
reference, whether such prior present agreements have been
made orally or in writing. Each patty affirmatively
represents that no promises have been made to that. patty
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 a:ny cOllJ;se of
dealing! COllrse of performance or llse·s of trade and may
only be amended or modified by a written instrument duly
executed by officers of both parties.
32. 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 notg;i.ve rise
to liability to any third party other than the authorized
s.ucces60r.sand assigns of the parties hereto.
33 .. Pet'iods of Titne. Whenever any determination is to
be. made or action is to be taken on a date specified in
Page 15 of 17
this Agreement, if such date shall fallon 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.
34. 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 shal:!. constitute
one and the same agreement.
3.5. Recordation. Within 20 days after the Development
Agreement has been signed by both the Company and the City,
the Applicant Shall cause a copy of the Development
Agreement tQ be recorded at the Applicant's expense in the
registry of deeds in Miami-Dade County.
36. Abandonment of Right-of-Way. The City agrees to
abandon the right-of-way adjacent to. the prope.rty to the
buildable line. The Company shal.l contemporaneously gra.nt
to the. City an easement from the "ight-o·f-way adjacent to
the property to the buildable line for all f1,!ture needs of
the City. T.o ensure that the proposed structure does not
interfere with the City's future needs, any permanent
structure extending out over the City's easement shall
provide the City with clearance as provided in the Hometown
Overlay District in the Land Development Code (IO-feet
minimum).
Page 16 of 17
~_. . l~. ~I{
PASSED AND DULY ADOPTED by the;.a c~ission o.f t~he
City of South Miami, Florida, this /1t1.dayoro~~~t> .
ATTEST: APPROVED:
~R{3,~ I~~L--
HA(2.1 f:.r ~. M.eJI~n~e,2..---e +e.LI u
STATE OF i'l,GIU];l,;~ .. ;1~"IOlo,S)
)
COUNTY OF -MIN!! DADB eOD)<, )
The foregoing instrument was ..\l-cknowledged before me this
aGo day of Dte;·,.."v<>'!fi... , 2001."by VI. I\OC.KW"L/. Wt/('iZ, who is
pers~own t. 0 me or Oiho prQduced.
--::--:-:~:--_-=:::,.......,..,,-~ ____ as identification, on behalf
of the corporation.
My commission expires:
£:./-..J.--J.J
I;';:\ge 17 of 17
Exhibit "Au
Exhibit "B"
Exhibit "c"
Exhibit "D"
EXHIBns
Flo.rida Loc.al Government
Development Agreement Act
Legal Description
Site Plan Concept
Unity of Title
JHIBITUA
Florida Local Government Development Agreement Act
163.3220 Short title; legislative intent.--
( I) Sections 163.3220-163.3243 may be cited as the "Florida Local Government
Development Agreement Act."
.(2) The Legislature finds and declares that:
(a) The lack of certainty in the approval of development can result in a waste of
economic and land resources. discourage sound capital improvement· planning and
financing. escalate the cost of housing and development. and discourage commitment to
comprehensive planning.
1b) Assurance to a developer that upon receipt of his or her d.evelopment pel'rtlit or
brownfield designation he or she rnayproceed in accordance with existing laws and
policies. subject to the conditions. of a development agreement. strengthens the public
planning proces!i. encourages sound capital improvement planning and. financing. assists
in assuring there are adequate capital facilities for the development. encourages private
participation in comprehensive planning, and reduces the economic costs of development.
(3) In confol'rtlity with. in furtherance OLand to implement the Local Government
Comprehensive Planning and Land Development Regulation Act and the Florida State
Comprehensive Planning Act of 1972. it is the intent of the. Legislature to encourage a
stronger commitment to comprehensive and capital facilities pliuming. ensure the
provisjc!D ot'lldequate public facilities for development. encourage the efficient use of
resources. and reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to enter into development
agreements with developers •. subJect to the procedures and requirements of ss. 163.3220-
.163.3243.
(.5) Sections 163.3220-i63.3243 shall be regarded as supplemental and additional to the
powers conferred upon local governments by other laws and shall not be regarded as in
derogation of any powers now existing.
Histpry;-s. 19. eh. 86-191; s. 902. c\!. 95-147:s. 8. ell. 99-378.
163.3221 Florida Local Government Development Agreement Act; definitions.--As
used in ss. 163.3220-163.3243:
1
f\) "Brownfield designation" means a resolution adopted by a local government pursuant
to the Brownfields RedeYelopmentAct. ss. 376.77-376.85.
(2) "Comprehensive plan" means a plan adopted pursuant to the "Local Government
Comprehensive PI arming and Land Development Regulation Act."
(3) "Developer" means any person. including a governmental agency. undertaking any
development.
(4) "Development" means the carrying out of any building activity or mining operation.
the making of aily material change in the use or appearance of any structure or land. or
the dividing of land into three or more parcels.
(a) The following activities or uses shall be taken for the purposes oftbis act to involve
"development":
I. A reconstruction. alteration of the size. or material change in the external appearance
of a structure on land.
2. A change in the intensity of use of land. such as an increase inthe number of dWelling
U1!its ina structure or on land or a material increase in the number of businesses.
manutacturing establishments. offices. or dwelling units in a structure or on land .
. :,,3, Alteratioil of a shore or bank of a seacoast. river. stream. lake. pond. or canal.
including any "coastal constructioil" as defined in s. 161.021.
"'4: ~~lllmencement of drilling. except to obtain soil samples. mining. Or excavation on a
parcel ofland. '
5. Demolition of a structure.
6. Clearing of land as an adjunct of construction.
7. Deposit of refuse, solid or liquid waste. or fill on a parcel ofland.
(b) The following operations or uses shall not be taken for the purpose of this act to
involve "development":
I. Work bya highway or road agency or railroad company for the .maintenance or
improvement of a road or railroad track. if the work iscattied out on bmd within the
boundaries of the right-of-waY·
2. Work by any utility and other persons engaged in the distribution or transmission of
gas or water. for the purpose of inspecting, repairing. renewing. or constructing on
established rights-of-way any.sewers •. mains. pipes, cables. utility tunnels. power lines.
towers. poles. track$. or the like.,
2
3. Work for the maintenance. renewal. improvement. or alteration of any structure. if the.
work affects only the interior or the color of the struCture or the decoration of the exterior
of the structure.
4. The use of any structure or land devoted to dwelling uses for any purpose customarily
incidental to enjoyment of the dwelling.
5. The use of any land for the purpose of growing plants. crops, trees. and other
agricultural or forestry products: raising livestock: or for other agriCUltural purposes.
6. A change in use of land or structure from a use within a class specified in an ordinance
or rule to another use ill the same class.
7. A change in the ownership or form of ownership of any parcel or structure,
8. Tbe creation or termination of rights of access. riparian rights. easements. covenants
concerning development of land. or other rights in land.
(c) "Development." as designated in an ordinance. rule. or development permit includes
all other development customarily associated with it unless otherwise specified. When
appropriate to the context. "development" refers to the act of developing ot to the result
of develo.pment. Reference to any specific operation is not intended to mean that the
operation or activity. when part of other operations or activities. is not development.
.... Reference to particnlaroperatians is not intended to IilIlitthe generality of this
subsection.
(5) ~'Developmentpermit"iricludes any building permit. zoning permit. subdivision
approval. rezoning. certification. special exception. variance. Or any other official action
of local government having the effect of permitting tbe develoPment of land.
(6) "Governing body" means the. board of county commissioners ora county. the
commission or council of an incorporated municipality. or any other chief governing
body of a unit afloeal government, however designated. .
(7) "Land" means tbe earth. water. and air, above. below. or on the surface. and includes
any improvements or structures customarily regarded as land.
(8) "Land development regulations" means ordinances enacted by governing. bodies for
the regulation of any aspect of development .and includes any local government zoning.
rezoniqg.subdivision. building consttUction. or sign regulations or any other regulations
controlling the .development of land.
(9) uLaws" means all ordinances. resolutions, regulations. comprehensive plans. land
development regUlations. and rules adopted by a local government affecting the
development ofland.
3
',-.'
(l0) "Local government" means any county or municipality or any special district or
local governmental entity established pursuant to law which exercises regulatory
authority over. and gtantsdevelopment permits for. land development.
(I J) "Local planning agency" means the agency designated to prepare a comprehensive
plan or plan amendment pursuant to the "Florida Lotal Government Comprehensive
Planning and Land Development Regulation Act."
( I 2) "Person" means any individual. corporation. business or land trust. estate. trust.
parmership.llssociation. two ot more persons having a joint or common 'interest. state
agency. or any legal entity.
( I 3) "Public facilities" means major capital improvements. including, but not limited to.
transportation •. sanitary sewer. solid waste. drainage. potable water. educational. parks
and recreational. and health systems and facilities.
( 14) "Stille land planning agency" means the Department of Community Affairs.
History.-s. 20. ch. 86-191: s. 4. ch. 92-129:5. 9. ch.99-378.
163.3223 Applicability.--Any local go:vernment may, by ordinance. establish procedures
and requirements. as p.r0videdinss. 16f!3220-1~3.3243. to consider and enter into a
development agreement with anY Person having a legal or equitable interest in real
property located within its jurisdictiOn', •..
History.-s. 21. ch. 86-191.
163.3225 Public bearings.--
( I) Before entering into. iunending,or revoking a development agreement. a local
govemmentshall conduct at least two public hearings, At the option ofthe governing
body. one of the public hearings may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall be advertised
approximately 7 days before each public hearing in a newspaper of general circulation
and readership in the county where the local governtnentis located. Notice of intent to
consider a developmentagreement shall also be mailed to all affected property owners
before the .first public hearing. The day. time. and place at which the second public
hearing will be held shall be announced at the first public hearing.
(b) The notice shall .specifY the location of the land subject to the development
agreement. the development uses proposed 011 the property. the prop.osed population
densitieS. and the proposed building intensities and height and shall specify a place where
a.copy of the proposed agreement can be obtained.
Hlstory.--s. 22. th. 86-191.
163.3227 Requirements oCa developmentagreement.--
( 1) A development agreement shall include the following:
(a) A legal description of the land subject to the agreement. and the names of its legal
and equitable oWners:
(b) The dutation of the agreement:
Ic) The development uses permitted on the land. including population densities. and
building intensities and height;
(d) A description of public facilities that will service the development. including who
shall provide such facilities; the date any new facilities. if needed. will be constructed:
and a schedule to assure public facilities are available concurrent with the impacts of the
development:
(e) A description of any reservation or dedication ofland for public purposes:
(f) A description otalilocal development permits approved or needed to be approved for
the development of the land;
(Il:) A finding that the development pei1rt!ttedotpi:dpo~ed'isc6nsl!;iei:lt with the local g~vernment's comprehensive plan and land development regulations:
(hI A description of any conditions. temlS; restrictions. or other requirements determined
to be necessary by the local govermnent for the public health. safety. or welfare of its
citizens: and . ..
(i) A statement indicating that the failure of the agreement to address a particular permit.
condition. term. or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements. conditions. term. or
restriction.
(2) A development agreement may provide that the entire development or any phase
thereof be commenced or completed within a specific period of time.
History.--s. 23. ch. 86·191: s. 31. ch. 91-45.
163:3229 Duration ora developJUent agreeJUent and relationship to local
COJUprehensive plan.--The dutation of a development. agreement shall not exceed 10
years. It may be extended by mutual consentofthe governing body and the developer.
subject toa public hearing in accordance with s. 163.3225. No development agreement
shall be effective or be implemented by a local govermnent unless the local government's
comprehensive plan and plan amendments implementing or related to the agreement are
5
found in compliance by the state land planning agency in accordance with s. 163.3184. s.
163.3187. orS. 163.3189.
History.-s. 24. ch.86·191: s. 32. ell. 91-45: s, II. ell. 92-129.
163.3231 Consistency with tbe comprehensive plan and land development
regulatioDs.--A development agreement and authorized developmeni shall be consistent
with the local governrnent's comprehensive plan and land development regulations.
History.-s. 25. eh. 86·191.
163.3233 Local laws and policies governing a development agreement.--
( I) The local govel1lrtlent's laws and policies governing the development of the land at
the time of the execution of the development agreementshall govern the development of
the land for the duration of the development agreement.
(2) A local government may apply subsequently adopted laws and policies to a
developmentthat is subject to a development agreement only if the local government has
held a public hearing and determined:
(a) They are not in conflict with the laWS and poJiciesgoverning the development
agreement and do not prevent development of the land uses, interisities., or densities in the
development agreement: . ,: . .... ,', .
(b) They are essential to the public health. safety. or welfare. and expressly state that
they shall apply to a development that is subject to a development agreement:
(c) They are specifically anticipated .and provided for in the development agreement~
(d) The local government demoilstrates that substantial changes have occurred in
pertinent conditions existing.at-the-time-of approval of the development agreement: or
(e) The development agreement is based on substantially inaccurate information supplied
by the developer.
(3) This section does. not abrogate any rights that may vest pursuant to common law.
History.-s. 26. eh. 86·191.
163.3235 Periodic review C!f a develC!pmentagteement.-·A local government shall
review land subject to a. developmelit agreement at least once every 12 months to
determine ifth~e has been demonstrated good faith compliance with the terms of the
development agreement. For each annual review conducted during years 6 through 10 of
a development agreement. the review shall be incorporated into a written report which
shall be submitted to the parties to the agreement and the state land planning. agency. The
state land planning agency shall adopt rules regarding the contents of the report. provided
6
that the report shall be .limited to the information sufficient to determine the extent to
which the parties are proceeding in good faith to comply with the terms of the
development agreement. If the local government finds, on the basis of substantial
competent evidence. that there has been a failure to comply with the terms of the
development agreement. the agreement may be revoked or modified by the local
government.
History.-s. 27. ch. 86·191: s. 12. ch. 92-129.
163.3137 Ainendment or cancellation of a developmentagreement.--A development
agreement may be amended or canceled by mutual consent of the parties to the agreement
or by their successors in interest.
Hlstory.-s.28. ch. 86-191.
163.3239 Recording and effectiveness of a development agreement.--WithinI4 days'
after a local government enters into a development agreement. the local government shall
record the agreement with the clerk of the circuit court in the county where the local
gClvernment is located. A copy of the recorded development agreement shall be submitted
to the state land planning agency within 14 days after the agreement is recorded. A
development agreement shall not be effective until it is properly recorded in the public
records onhe county and until 30 days after having been received by the state land
.pl,l!J:lningligency pursuliDHo thissectiqn. The burdens of the developmcntagreement
sna:trbe'btndingupon. and the benefits of the agreement shall inure to. all successors in
interest to the parties to the agreement. .
, <' . .... ~. Histo·fY~"':'s. 29 .. ch. 86 .. 191:·s. 13: ah., 92 .. 129.
163.3141 Modification or revocation of a development agreemenMo.c(imply witb·
subsequently enacted state and federal Jaw.--If state or federal laws are enacted after
the execution of a development agreement which are applicable to and preclUde the
parties' compliance with the terms of a development agreement. such agreement shall be
modified or revoked as is necessary to comply with the relevant state or federal laws.
History.-s. 30. ch. 86-191.
163.3143 Enforcement.--Any party. any aggrieved or advetsely affected person as
defined ill s. 163.3215(2}. or the litate land planning agency may file an acti.on for
injunctive reliefin the circuit court where the local government is located to enforce the
terms of a development agreement or to chaliengecompJiance of the agreement with the
provisions ofss.163.3220-163.3:243.
History.-s. 31. ch. 86-191.
7
. ":.,
. ""-~. ,." .
EXHIBIT" B n
LEGAL DESCRIPTION
Lots 6, 7, 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.A. Larkins Subdivision
according t.o the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami-Dade County,
Florida.
','"
. '
~,
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, I,
Site Plan Concept
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MixedcUse Development
b II South Miami, Florida --
'1;-" 1~'~ SJA£EI
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EXHIBIT Ie !l
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.. _ .. ---_ ... _. "iiiiiOO ....... ---.. ... ,~ ..... _ ....... __ ........... _ .. _ ... __ ;a:;:;; ___ .. iiPi·~·iO ... ~ .... _ .... _ .. """"""' ___ ";'-
, .
Uni:t;:y of T.itle
The undersigned is the owner of that property (the
"Property") described as;
Lots 6, 7, 8, 9, 40, 41, 4.2, 43, 44, 45, 53, 54, 55, 56,
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.A. Larkins subdivision
acco.rding to the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami-Da.cte County,
Florida: and
The undersigned recognizes and acknowledges that for the
public health, welfare, safety or morals, ,and sUbject to the
conditions set forth herein, the Property should not be
divided into separate parcels owned by several owners so
long as the same is put to the hereinafter use; and
Pursuant to sections 20.7.30 and 20-5.14, of the City Land
Development Code (the "LDC") a unity of ti.tle is rec:jUired
if the permitted density of a development project is. based
upon the averaging of two (2) or h16t:ep;1j3.ttedlOts either
abutting or locatect on the opposite sidesofa public
right~of-way or alley. In consideration'of the mutual
.agreements and covenants contained in the attached
Devel.opment Agreement between the City of South Miami and
the South Miami Corporation (the "Development Agreement");
and
For other good and valuable consideration, the undersigned
hereby agrees to restrict the use of the Property in the
following manner:
1. That said property shall be considered as one plot
and parcel of lanct and that no portion of said plot
anct parcel of land shall be s,old, transferred,
divided or assigned separately, except in its
entirety as one plot or parcel of land. However this
shall not prohibit the sale of portion.s of the
Property as condominium. units or the sale. ,of portions
consistent with the Development Agreement and
approved site plan.
2. That this condition(s}, restriction (s)and
limitation (s) shall be deemed a covenant running
with the land" shall be recorded in the public
Page 1 of 2
, .'
records of Miami Dade County, and shall remain in
full force and effect and be binding upon the
undersigned, their heirs and aSl3igned until such time
as the sC!l!le may be released in writing by the
Director of Planning; provided, however, that this
Unity of Titlertlay be released by the Director of
Planning after approval ·of a site plan which meets
all. applicabl.e City regulations,
Sighed, sealed, executed and acknowledged on this _._ day of
February 2005, at Miami, Florida
SOUTH MLAMr CORPORATrON
Witnesses:
Vice President
Print Name ________ _
Prih.t Name ________ _
WITNESSES . ::.-:.. .. "
Page 2 of 2
ORDINANCE NO. 05-05-1827
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAl\iI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED
DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL
INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND
THE FOLLOWING USES: 108 MULTF!j'AMILY RESIDENTIAL UNITS,
RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING
GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT $750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 TURU 9, 40 TURU 45, S3
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W.A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THEPtJBl.IC RECORDS OF
MIAMI-DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 2005 the South Miami Corporation is requesting approval of a Development
Agreement for a 4.5 acre proposed unified developme)lttobe called "Project SUIlset" which will include
a total of 108 dwelling units and 87,2lZsquare feet of commercial space on property located generally
at 5750 Sunset Drive and legally described as Lota 6 thtu 9, 40 thru45, 53 thru 66 inch./sive and the east
SO feet of Lo!s 51 and 52 ofW. A. Larkins subdivision according to the plat thereof recorded. in plat book
3 Rtpage 198 of the public records of Miami-Dade County; and
WHEREAS, the City Commission at its March 1, 2005 meeting adopted a resolution allowing
two special exceptions and adopted a special use resolution permitting the location of fuur restaurants in
the unified devdopment; and
WHEREAS, the Florida Local Oovenunent Development Agreement Act, set forth ill sections
163.3220-16.3.3243, Florida Statutes, provides for the execution of development agreements to insure that
the Jaw and regulations in effect at the time of the execution of the development agreement shall govem
the development of the land for the duration of the agreement; and .
WHEREAS, the South Miami Corporation has proposed the execution. of a development
agreement with the City of South Miami pertaining to the mixed use project entitled "Project Sunset"
which agreement would set forth all of the conditions and commitments required by the City resulting
from the approval of the special exception and special use requests; and .
WHEREAS, the Planning Board at a meeting on February 22, 2005 after .a public hearing,
adopted amotion by Ii vote of 4 aye 1 nay recommending approval of the proposed Developme)lt
Agreement subject to specific revisiansand .conditions, which have been included in the draft agreement;
and
WHEREAS, the Mayor and City Commission ot the City .of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE lT ORDAINED BY TIlE MAYOR AND TlIE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That a Development Agreement, attached as Exhibit "A" as amended . during . the
March 15, 2005 public healing, and dated March. 15, 2005 between the City
of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed
prd. No. 05-05-1627
, ..
2.
unified development to be called "Ptoj ect Sunset" wlri¢h will include a total of 108 dwelling units and
87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally
described as Lots 6 thru 9, 40 tbm 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 :of W.
A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public
records of Miami-Dade County is approved.
Section 2 Ifany section, clause, sentence, or phrase of this ordii1ai1ce 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 oftlris ordinance.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this I S.:t4 day of fI!I ~ , 2005
ATTEST: APPROVED:
(4~a~ ~&u \ei{CLERK ~ r
1'1 Rearung-3/1 /05
2nd eaillog-3/15/05
acbment Exhibit"A" Development Agreement
E:IComm ItemsI200S13-!·05IDevelopment Agreement Bank Ord.doc
COMMISSION VOTE: 4-1
Mayor Russell: Yea
Vice Mayor Palmer: Yea
CommissionerWiscombe: Yea
C{)nunissionet Bitts,Cooper: Yea
C{)mrnlssionerSherar Nay
CITY OF SOUTH MIAMI
FFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
2001
To: Honorablel\:layor, Vice Mayor &
Commission Members
Date: March 15, 2005
ITEM No. ld
From: Maria D~vis
CityM~ager
Re: Development Agreement
Project Sunset-South Miami Corp.
5750 ~unsetDr.
AN ORDINANCE .oF THE MAYOR AND CITY COMMISSION OF THE CITY .oF
S.oUTH MIAMI,FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PtmSUANT .
T.o FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT·
KN.oWN AS '~pROJECT SUNSET" WHICil . WILL .INCLUDE THREE BUILDINGS<UP' .
TO FOUR (4) STORIES IN HEIGIlT AND. mE .FOLLOWING USES: 108 MUIJU.;.,,·
FAMlLYRE~IDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAlJRANTS;
BANK-AND PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALL\Y1\.T '.'.; '.
5750 SUNSET DRIYE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU45;:iS3
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A:
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLATBOOK3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE
SUMMARY OF REOI1EST
The appliCant is requesting approval ofa. Development Agreement for a 4.5 acre property as
described above. The proposed development to be called "Project Sunset" will include residential
buildings, parking ,office uses and retail uses. A total of 108 dwelling units and 87;212 square
fe.et of commercial space will be constructed m one phase.
The Development Agreement is the third element of the applicant's approval process for a
proposed unified development project extending over 3 city blocks. The first el()ment is a request
for a two special excflPtions to certain provisions ht the SR Hometown District. The second part is
the approval of a special use req1,lest to allow four restaurants within the unified development area.
The applicant has indicated consent to entering into a Development Agreement with the City
which would make legally enforceable the site plan and all of the conditions and requirements set
Development Agreement
Page '20/3
forth by the City as part orits approval ofthe special uses and special exceptions.
DEVELOPMENT AGREEMENT REGULATIONS
Florida State Statutes 163.3220-3243 (Florida Local Goveminent Development Agreement Act).
sets forth the authorization and. procedures for a local governments if they intend to enter into an
agreert1ent with a developer of property. The purpose of a development agreement is 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 the major provisions in the proposed agreement:
• The term of the agreement is 10 years.(pp2-3, No.3)
• The USe of the Property (p.3, No.4) including density. The property will be developed in two
phases
This section needs to be adjusted to indicate J 08 maximum number of units and a site size of 4. 5
acres. The project mustbebuilt at onetime or the applicant must post a performance bond.
• In order to respond to the City's concurrency stilIldard for park and recreation fucility
expansion the developer agrees to pay a fee to the City (p. 4 No. Sd).
Thefeeal'/lOl!/11"mlJ$t,rriZect the proportional cost of the City's proposed purchase of the Y.MeA
property; orii prtfvision fo~ a ~ubstitute amount equal to tneaverage cost of an. acre of residential
land wiihina 1"2P,Pfdot radius of theprojectsite should Ihe City not acquire the YMCA site. .
--", ',-," , . ., '
.. Permits Sectio~"(p:5Nq.7);.~.. . ....
. . Thfssec(/,on' f/ei<#ui be corrected to indicate four restaurants and that retail and restaurant
parking spaces· must be marked and signed.
• Dev:elopmentConditions (p.5-6No. 8)
ThiS section needs to be amended to mandate that all development must be in accord with the
a.otual site plansubm'it/ed with the special exception and special use applications.
• All ofthe conditions approved by the Planning Board as part of the projeCt review should be
incorporated .in the development agreement.
PLANNING BOARD ACTION
The Planning Board at its February 22,2005 meeting adopted a motion by a vote of 4 ayes and 1 nay (Mr.
Liddy) recommending approval oftbe Development Agreement with all but one of the conditions set fbrth
by staff. The Board voted to recommend that Item 5b onp.4 should.iIlclude the following:
The fee amount must reflect the proport/onalcost of tilli City '8 proposed purchase of the .Y.MeA
property; or a. proviSion fora. substiiU(e fee based upon the average sales price .of residential
property in the City over thepast twoyears.
CITY ATTORNEY PROPOSED AMENDMENT
The City Attorney advised that the following amendment to the <\raft Development Agreement was needed:
Development Agreement
Page30f3
36. ABANDONMENT OF RIGHT OF WAY
The City agrees to abandon the right of way adJacent to the property to the buildable line. The Applicant
shall contemporaneom-Iy gr(lnt to the City an easement from the right of W'9' adjacent to the property to the
buildable line, for all foture needs of the City. To ensure that the proposed structure does not inteifere with
tke City's jUture needs, any permanent structure extending out over the City's easement shall provide the
City with (l clearance as provided in .the Homeiown Overlay District in the Land Development Code (10 feet
minimum)
RECOMMENDATION
(1) ltis recommended that the attached proposed Development Agreement as modified by the staff
comments above, the amendment suggested above by the Planning Board, and the City
Attomey's amendment be approved.
(2) The attached proposed ordinance formally adopting the Development Agreement on first
reading should be> approved. .
Attachments
Proposed ordinance
Development Agreement
Fl. State $tatute163.3220-163.3243
Public notices
· .-.. :~ .... ~ .
.. -' ..
MD!DO~/S~ .2Q.e1:;O .
\\MCGRUFF\PLANNlNG~ lterns\;l00Sl3·1·O~ ... 1 Agree 5750 Sunset Reportdoe
,
" ,
MIAMI DAILY BUSINESS REVIEW
publlstl;d Dally axcapl Saturday. Sunday Imcl
MiJlllI't'::=X:Callfllv;FlorM~
STATE OF FLORIDA
COUNTY OF MIAMt..DADE:
BefOre UII,I undars,lgned aulholitY-personally appeared
O.V. FERBEYRe, who on oath J'lays'itlIit bfi! or sheris ilia
SUPERVISOR. L.egafNotlCBs of !hI;! Miami Dally Business
Aevlew'flkla Mliml! Review, a dally ,(except S~turday, Sunda)!
and l.egal HoUdays) newspaper, pUbfished at Miami It! Mlaml.osde
County, Aoricla; that the attached cOpy of advertisement,
baing a Legal Advertlsement of Notice In the matter of
cnY 01= SOUTH MIAMI
PUBliC HEARING fOR 311512005
In the XXXX Court,
waG publlshed In said newspaper Ii1 the Issues of
_0310412005
that fre said Miami
SW<>m"'to •• d "ub"(lbed i;!efora m~ this
04 day-of !VJARCH ,A.D. 2005
(SEAL)
" .~.
rs through seniors Series will be nooi'HVlarch 24 ~nd
ece of fabric or an discuss The Things' They CarrIed
ndkerchlef -along by Tim O'Brien. Lisa :Jefferies wlll
TIS ,such as plltQw-lead the sasslon. 8rl1'l9 a bas
andrnoretQceie" l~nch and coffee will be pro-
,tnesS ofShabbat. vi!=led, Adult Purir:n. Megiliah
viii be provided. Reading ''Year of the Hat" will'be
01" dress accord-.7::30 p.m. March 26. Bring -yo~r
1 Shabbaf Se.rvlce fanciest, "funniest hats and cos-
Shabbat In an intl-. tumes, We will read from the
service, In in R.oom 'Megl1lah arid Chinese food will be
~th' Am Is-proud to GaNed. Tickets are $10 p,er per-
stlenal network of son. Can 305-573-5900. Feed
-affiliated with. the homele'ss In a Joint-program
inagQgu,e Transfer,.. with To(.!chl'nS' Miami with Love
:enewal dedicated Will m~et 1::45 to 10:45 i;I.m.
9 Shabbat' ,with ,i,t Maral'l 27 at Cen~ral Baptist
)vatlve ,options In Ch~tch on Northea~t Fifth '~reet
,ra~er. study. social and Northeast ,Plrst Avenue by
,:jrQgrammlng., The the Court ~uilaln9, We'll prepare
Iroundbreaklns of and serve foOd and do dean up
Sanctllary/Ball-as Well as have'an ~pportunlty.to '11/ Administrative have some fasclnatlng eonversa~
I be ,at 11:30 a.m. tlcns with our friends who partlc~
more information. Ipate. Contact us to reserve-your
Epsteln, QE!'velop-slots. ,Contact Bruce Jay at
or,' ext. 149, lap-305-576-5001. ext. '29.
o.r9'. t=amlly PurIm
]ratiog Be,th Am's Temple S,aml,l-,EI or' Olom,
i-will be froin noon 10680 SW-113th PI.,
Irch 1.3. Cat! Susan 305-271-5756: Adult B!na\ Mltz-
305-S67-7185 or vah class, conduct$d bY:Cantor
1nelder'man at Ronlt RLlbin, at ,8' p.m . .March 15.,
-2;, -l'he 'ElTlpty'NestM Contact the synag,(Jgue offlc,e
,a s-creening :of. The for registration. TSOQ, Youth
:'5 WIfe at 1 p.rtI, Singel'.$'wlll.'telieq~e with Cantor.
ntact.Annle,B'eren~· Rubin fp::!m'5:30 p.m. to 7 p.m,' 1~' _G-r aberen-and 'rsob Adult SIngers will
rg. Purim: Celebrs.. rehearse with Cantor Rubfn from
Shushan Ido! will be 7:30 'p.m. 'to 9;15 :p.rn. March 10 .
Itch ~4. An everling and 17.' Sh$bb~t evening services
f9f_ children ·and will be conducted by Rabbt .pecl~ actlvltles'for David D. Schonblum whose ser-·
kats $151n advance. inon topic will b.e "Wh~t .Is a
or. Chlldren under 5 Shekel?" at a p.m. March 11. CanM
Ire admitted free. die Ilghtlng Is at 6:10,P.tn; Shab.-:
:ke.ts. can be purM bat tnomln~ serviceswUl be eon-
March 22"Cali Lori ducted by Rabbi ,David D._
eJ(.t. 11-4, Isolo~ 5chonblum who wlll discuss the
,01'9.) High, s'chool iorah portiOn. Pek_udel~ at 9,:30
il9Ues are-Tuesdays, a.m. March 12. Shabbat,ends at
s': and Thursdays -7:04 p.m. ·Unlted SYf'lago-gue_
rlr 28 for girls: and Youth'(USy) Havdalah and p,es-
nine to 12. A felllls serts at 7:30 p.,m._ fonowed at 8:'
ntaet Linda FeffGr~ p.m. by the U5Y' Talent Show tb~.U cClordln,itor, Mar!;\1 ,12. EnJo~Hhe'songs. act-s,
j or Ifiiner" d~nces"and,riomedy. 'At;lmission
)rg. B.AF1Y's al)nual fs' $S and will benefit ,our own
.Jetlop will b~ March cns_pier. USY. Inc. Shabbat eve-
avdalah. dinner and hlng 's~vlces will be,conducted
:tlo" to 'raise money .by Rilbbl' Qavld D. Schon blum
nny; <it camp run lW' whose sermon topiC.' wUl be
Iderprlvl1eged chll~ • Minding YoUr ausln$.s,s·-, /i!t a
Atlanta. ',Call, Amy p.m, March l~.,Candle, lighting Is
)uthf:!lrector,atext. at 6:13 p.m. ,Stlabbat morning
el, '37 NE-19th ~t._
001_ !:-lament'asc!1en
'101 Co~se will be
j 10 a.m. March 14".
,to ,make PurIm's
kle dough,. RSVP,to
• <It liOS-S73M 5900 •.
30th Annual C$ntor
-!$ S-,prlng Music Fes-
~hts of 20th,Century
:'/ at 1 p.m. March 13
long other cantors,
torlal Soloist. Kerins
C_O$t~ $16. call
10 to RSVP. SI!;ter-
ts ,"Do-ReMMI".dotlor
11;30 a.m;,MaTch,17,
the opportunIty to
!iI_reat people. enjoy
no contrIbute to the
;lrams,J=or reserva M
."-,,,,,, -.,~ . -_ .........
~er"rc-es will be conducted by
Habbl ,David Of, Sch!;mb_,um 'who
will dlspuss ,th'e iQrah portion,·
VaVlld'ah at 9:30 a.m. March 19.-
Sh,a,bbat ends at 7;07 p,m. flurlm'
Carnival and Kle;zmer Concert
from 10 13.111. ,to 2:30 ,p.m.-March
'20. ~njoy .thE!, 9al'Ol3lO, -rJdes :~nd
ta.sty .190ds. LI~,ten to, sIng" and
dance the Jc;yflJl Klezm(Jr songs
and melOdies. Kids -Club scMd·
lila. O'P,en to children In klnder-,
garten through'fifth grade: Meet-
In9s wll! be held on yYednesday
evenln,Els, AJ)r1l13 and 'May 11. All
eVli!nt~.wlll be held at tn'e Temple.
Dues for the year are.$60. which
wllt Includ.e' regllJarly scheduled
actlvltles and sna¢ks, V[slt
www,tsoomlaml.oTg.
We
keep
up
to
speedl
Wheels&:
Waveskeeps
· ...• · .. ·youup,on
what's hot)
. what's not and
everything else.
tllat's
haPpening on
land or sea.
Wheels
& Waves
. Ellery Thursday
In TheHerald
. COURTESY NOTICIE
CiTY O,IF SOUTH MiAMI, IFLORmA
1~~1!?~:~~~,;15' 2005, beginning af:7:S0 p,m.,lrl'llie City CommIssion Ch8/l'lbers, I'i the CIty',COmmisslon will htlld Pullilt, Ifearinga to consIder tha
AN ORDINA.NCE _DI~il THE CITY OF-SOUTH MIAMI ~SION PLAN,
PROVIDING FOR EUGIBWTY· AT DATE OF EMPLOV~rrr FOR POLICE
OFFICER EMPLOVE~, Qf. rUE cITY Of souTt! MIAMI; PR,oVI:DlNG FOR A
. MINIMUM_ RATE' b~ :BHFlT' ACCRUAL FDR POI.lCE < OffiCER
EMPLOYEES.
AN ORDINANCE AOOPI'ING A IEVELDPMENT AGREEMENT PURSUANT
TO -FLORIDA: ,STATE STAtuE~ 16~.3~ POR A 'UNIFIED DEVELOPMENT
PROJECT KNOWN AS IIPROJEOT SJJNSETIOWHIOH WILL INcWOETflREE
BUILDINGS ~"OFDIlR(4) Illumes IN HEIGHT AND THE fOLLOWING
Uru:_10~ MUJ,Tr-FAMILY RESJDENTJAL UN1TS, RCTAIL-USES. OFFICE -
1I&ES. ,RESTA,U,lWITS, BANK .AND P; PAlIKING o'MlABES; ALL FOR
PROpERlY UlCAYED GENERALLY AT mo _SUNSCl OBI)/! 'AND l'EGAllV
DESCRIBED AS LOTs ij 1HI\U 9, ~o TIlRU 45, 83 THRU 66INCLUSIlJE AND.
1lfE EAST 50 FEEl' cOF WIS 61 AND 62 OF ,W. A, lARKI~S SIJBDIVIS_ION
ACOORDINO .TO 11IE p~r .:rHER,EO,F REOORDED .IN P\.foT ,BOQ~ 3 -AT
. PIU;E 198.0fTHE P118UC OECOROS Of _-DADE COUNTY. .
1nQ\JI~es co.".' r'nlng tile abolle two \terns _should bll; directed to the City Clerk's
offlC.e at aDS-aSS-6MO;,
AL1lnterested'1!artl8& are Invited to. allend aOO will be heljfd.
M!llia M, Menendez
City Clark
37 .
':':;1
MIAMI DAILY BUSINESS REVIEW
Published D&IIV axcepl Salunlay. Sl.Ihtlay end
Legal Ho1k1ays _ "
MiMII. Mrlltl!r·Oada Coun\y. Flllrida
STATE OF FLORIDA
COUNTY OF MIAMI·DAI;JE:
Before the undersigned au1horlty pef80natly appear~
SODKIE WIJ.L,lAM$. wtlo on, calli says 'that he or she Is the
VICE PRESIDENT ,-legal Nollees of the Miami Dafly Business
Aevlew:flkfa Miami Revlew.a daRy!excep1Sall,lrday, SUnday
and Legal Hollda!{s) new$paper, published atMfamt In Miami-Dada
County,.FJQr1da; that the a.tI,aehe.:cHlopy of advertisement,
being a Lelflai ~dVertlaamant of Notice In the matl/ilf of
CITY OF SOUTH MIAMI
PUBUC HEAAING' ~ MARCH 1, 2005
in the-XXXX Court,
waS piJbilsttSd in sald newspaper In the Issues of
02/18'2005
Affiant fUrther says that the ~ard Miami Dally Business
Re:view is a 'neWspaper pubU:shed at Miami in said Mlaml.O,ade
County,. Florida· and that the saId newspaper he,S
heretofore been continuoUSlY publlsharj In said MIamI-bade County,
Ao~dl!l! eacl,. ';feY: (except Saturday, sunday and Legel HolldflVS)
~l'Id halO been entered as second cla$s mal) I'l'1att$t aI: lhe post
office In Ml!lml In saId Mlaml·Dacle County, Florida, for-a
period of OJle ~ar next preceding 111e first pl.lb1lca.tjO]i of the
atta!lhed coW.of i;ldoiertlsament andafflant further say~'that he or
she has neither paId nor promIsed aoy parson, -fltm Or corporation
, any discount, rebate, ctll'Omlsslon or refund for the purpose
~t seo ring this advertisement for publication in the said
new or. J !~.
_,q)hiJ!t. .. -.....
,.
I
, ' .. ', ...
COURTESY NOTICE
CITY OF SOUtH MIAMI, FLORID~
On' Tuesday. March '1", 2005" begll1ning' at 7;30 p.m., In the
CommIssion Chambers, 6130 Sunset Drive, the City Commission wit!
Public Hearingsto c;onslderthe following items:
A RESOLUTION 'RELA1l'NG TO A fI~QUEST PURSUANT TO SECTlON 20.7,51 OF
TI'IE LAND DEVELOPMENT C.ODE FOR SPECIAL. EXCEPTIONS FOR "PROJECT
SUNSET" A UNIFIeD DEV'e!.OPMEN'r PROJECT IN THIPS.R(HD-QV)" sPECIALlY
RETAIl, tHOM~QWN DISTAICT OVERLAy'] ZONING rnSTRICT TO PERMIT: (1) A
SPECIAL EXCEPTION TO .sECTIONS 20.;7.7B AND.20-7.tlS IN ORDER TO ALlOW A
+WeA~~~~~~~~~~:G~R.:~~~~~~~~~~_:gHAe:~~I~~
~~~~~.~~~~~.g%<i~~~B p~a~ ~~a~K~~~~U ~:s~
t~~~ D:g~~'ID' ;:E~~A~LiH~3~~~D ,.triu s::.°5:~~~ ~CI:fu~~~
, ANp TIiE EAST SO FEET Of 1.OTS 51 ANQ 52 OF W. A.-LARKINS SUBOlV!SION
ACCORDING TO THE PLAT TH.eA.EOF RECORDED IN PLAT BOOK.3 AT PAGE ~ IiIS
OF THE PUBUO RECORDS OF MIAMI-DAOE COUNTY.
A. RESOLl)TIQN RElATING YO A REQUesT PURSUANT TO SEC110N' '20~
a:4(6)(4)(b) OF THE LAND-DEVEl.OPMENr qOOI; FOR-A SPECIAL USE· APPROVAL
TO LOOATE FOI.IR GEJIf!ERAL ~£STAURAN~' AS pART OF '~PROJECT SU~SETIJ
. A UNIFIED CEVElOPMENT -WITHIN THE,. "SA .'{HO~OV)'" S.PEC1ALlY REITAiL
(HOMETOWN D1STRICT OVERLAY) ;!;oNING DISTRIct ALL FOR PROPERTY
LOCATED GENERALLY AT 5750' sUNser DRIVE AND I,.EGALLY DESCRIBED AS
LOT$ f;I THRU~9. '40 THRU 45, 53'THRU eo .lNCLl~SIVE'AND THE EAST 50 FEE! Or
LOTs 51 AND 52 .OF W. A. LARKINS SUBDIVI!i;jION ACCORDING TO 1I:IE PLAT,'
'tHEREOF RECORDED IN PLAT BOOK 3 PJ PAGE 198 .OF THE PUBLIC RECORDS
OF MIAMI.OAOE co.UNTY. {',
A RESOLUTION flELATJNG TO A REQUEST P,URSUANTTO SECTION 20·8.t1:(B) OF
THE LAND DEVELOPMENT CODE FOfi A SPECIAL EXCEPTION APPROVAL TO
LOCATE A LARGE SCALI; PEVELQPMENT USE (SIX STORY MIXED USE.MEDJCAI-
OFFlCE I RETfolL) BUILDING AT r150-7160' SW e~" AVENUE IN THe "TODD (MU-. 5)':. TRANSIT oAIENTED-OEVElOPMENT .DISTRICT(MIXEQ USE 51.
Inquiries concerning the above two Items should be: directed to ,the
Plannlng Department .t 305-1l63-6326.
ALL tn:terestecl parties-are lovtted'to atterid:and wlJl be heard.
Mana M. Menendez
CltyClerk
Get advice that's
always on the money.
ll=dHa:ri=t-1ohnmn»JUWy1nMoocyMom~avuy'Thw:idzy.
Never Argue
With Your Contractor
. That's Our Job
~. h ,. t
. McCrea Construl'tiqn ConsUltants
-,The 0Wn~'s qi;lmplon -
We provide affordable. e~pert'.consultlng seryie~
directly to .homeO~riets and business Dwner$.
Residential •. commerc\!ll. New. ISr Remodeling
Owners paY;111 the bills but know le!ilSt atlOut the
business: No_.wo,l1d!!r-we'·ve &:11 heard-construction
horro'r .. ~t.or!es .• pon't.be another one. .
i;:~~~';;:~v.;~u.:.~::. ~C~'I'!jJ l-Cidayl
March 11, 2005
W. TUCKER GIBBS
ATTORNEY AT-LAW
lIS'ORAND AVENUE
P.o,80x1050
COCON.ut GROVE.:'FLORIDAJ3133
'TELEPHONE OOS) 4~8~S:ls6
FACSIMlLE (JO~) 448·0773
The Honorable Mayor and City Commissioners
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
VIA HAND DELIVERY
Be: Revised Development Agreement and E~hibits fo~ Application
for Development Proposal for 5750 Sunset Drive.
Dear Mayor and Commissioners:
On behalf of my client, the South Miami Corporation, I am
providing you with the revised De.velopment Agreement and'.
e;id'jibits for the referenced prG::iect as changed at the .. March 1,
. . ... ";,,.:.: .. 2p,Q5 oi ty commis.sionmeeting. .
. "'""" >-_:,~"'r"" j," • . :: •. " ..... : .. >:.. The Development Agreement reflects the comfuissi6.iii s·
""'?, •.••. ",.,,d.eletion of language J;egarding a. contribution tOl)'ap:l Jh~L,., .• .
'::~.-:'\~~':;r~)'~;;t~f~~}}h;:(u:r~hase of -the YMCA property arid langua:g.e caJ./liI~Hj~··:'·~:q~#:,-':~:~::P-~,im,~,1).t
'·''''o.ver a five year period.
My client and I look forward to discus;3ing the Development
Agreement and our project with the commission at its March 14,
2005 workshop.
Sincerely.,
cc: Wade W.acholz, Esq.
Maria Davis, City Manager
Luis Figueredo, City Attorney
Maria M. Menendez, City Clerk
Don O'Donniley, Planning DirectoJ;
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IIlIlIUlllIlIUllHllllllHlUllIllllllII1II
AMENpEQ DEYELQfMENT AG!1,EE.M.ENT
BETWEEN
THE CITh' OF SQ'OTFI MIAMI. FLORIDA
ANl!§OJITH MIAMI C9pORATlON
TmSAMENDED DEVELOPMENT AGREEMENT ("Agrwment") is made ae
/3 -zi day of 7-eJ. . , lUl3 ~y IUlQ between the CITY OF SOUTH MIAMI, "FLORiDA a
llIUnioipai corporation ("CIty,,) and 'SOUr}! MIAMI CORPORATIONf'CQmpany") or its assignee.
RECITALS
WHEREAS, the City ,?"mmisslon of ·tho Coy ot South Milltlli adopted Ordinance No, 05·05-
1817 {attaohed as ~rcit "8")whicb lmplemeotod the Florlaa Local Government Development
Agreement AOt("tM Aot") andper!llits the oonslderation end the .doptlon ofth!! ~sreementi.nd
WHEREAS, the Company owns approximately 4.5+1. acres, zoned HD"OV, de,eribedin
Bliliiblt "A," (ti,e "Property"); and
WHEREAS, the Company desires to construct a mixed us. dov<-Iopment encompassing retail,
offioe and residential compononls (the "Project') de,orlbed in site plan un file with the City in 111e
Hom~town'District Ov~tl.yZone within the City of South Warni.
WIfEREAS, the City has ~oncerns rellJll'ding tho original lrvvelopment Agreement that was
dated March 15, 2005, fullyeltoouted on Apr1l6, 2MS but which WllS neyer recordeii; ROd
WHER)IlAS, Ih~ 'City and the Company amended the March IS, 2005 Development
Agreement and Ihb revised Development Agreement was dated Juno 14, 2{)05 and whIch was
eventually recorded as required by statute: however, th,. "amended" development ,!.greement was
recorded as the original development agreement and it was not tided as on attlend~d ,devel'.pm.nt
.greem.nt; and
WHEREAS, the City has coMerm regarding the signing and =rdillg of the JUlle 14, 2~OS
Development Agreen:ent; and
WHEREAS, !h~ Company and the City desire 10 seltle the COllcerns of the Cily by entering
inl0 this Amended Development Agreement; and
MIAMI ~2931~3,3 76813129325
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WHEREAS, the 1'lQrid. !.<loal Ooyemmonl Dmloprnent ~eernenl Act, eeotlonl ,\63.3220.
163.3243,l'lor1GIl Statutes, (the 'Aot").1n effect M the date of tho' City pas~and adopte~ ~ rOIQlution
agreeing on the terms of the origflllil Development Agroemen4 proYiOOd for the "xecutlon of
development agreementa for a ta'm not!Q exoeed tell 0'0) years to Insme that ·the law in effect at the
time of tile execution of the development agreement shall govern the development of the I anti for the
duration ofth. agreement,
NOW, THEREFORE, in consideration of the .bove recitals and the follawing 1\ovenants,
fMns and oonditloM the receipt II!Id sufficiency of Which are e"pressly acknowledged, the City and
Company CQvenant and agree os fullow,;
i. Ine~rp.orali~n or R~.!t"IR. The reoitals ~~t forth above ~re !rue and 0011'.01 fond
are inCorporated herein by this ~feren .. ,
2, Property. The Company owns th~ property as described in E)(I\lbit "A", This
propsrty is deeme~ to b. one unlfled parcel and Is ,ubject to the unity of title pursuant to the
requirements of sectiOllll 2{)-1.3(l. .nd 20-.$,14 of the City Land Deve10pment Code (the "LDC")
~tfAched heretl> as Exhibit "D"_
3. Effective Dale; Duration of Agreement, This Agreoment shall b. effective as
of lnno 14, ZODS (the "ll/ffective Date'), the date thllt the City passed and adopted a resolution agreeing
ttl the terms and eondifio[l' of the fir,t Amended Development Agt'll<llII~n!, This Agreement, as
clIrrently amended, shall t.nninlltlo ten years fi'om the BITective D~ of this Allfeement, un'l.is
otherwise eKtended or termillllted as provided for herein or in tile act. the mRx'irnUm perlori of this
Agrffll1ent Ihall bolin (10) years !tom the Eff.ctiv. D.t, unl'.'$ extended oy mutual conimt of all
legal and eq~ltabli 'Owner~ of the Prop.eny and the 0(1)1 upon approval at a pu1>lio hear.!ng, as pr,ovided
in the Aot,
4. Use of Properly. The property described in Exhibit "A' [s to be ·u'lilized for the
project described in the site plan on file with the City, a mixed use residential, offic. and !otailpmject
witll a residenti .. ! us. not to exceed 108 dwelling units on BJ)proximateJy 4,5 plUS or mlnus acl:es, The
project wllI inclUde '.bamfered" oomer. where it abuts roadw£y Intersections pmsuall! to the site plan
on :file with the City, The occupied space aftlte projectwil'l not:oxceed fuor slorle, or fifty six (56) feet
in height unl~ss otherwise pellllit!ed by'the South Miami oomprehensive platl 01' its lalld development
reguJatlolw_ The lotal of 'oocupied space cftlle. project ',llaU nat <.-=«1 four stories, Nou"occupled
'Pecc shell not .exceed a maximum height of filly six feet Th. project .hall be built ill two phoses as
follows!
• ph.,c I 'hall «JttSlot ofatock~ "A" an~ '''E'' ~l'Scri!red in Exl!iolt '''0''"
1.1JAM132931&3,376813129325 2
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• Phan II shan ¢Onslet oflliook "C" lImrlbe11n Exhibit 'IC" .
'. The COOlpany Illay elect to implement ib. development plan In 'one ph"e,
'. Th. COIllPlIIIY may eleot to utilize Blocik IIC" as a lemJXll'ary bank facilitywlth
drive-through lanes (not to exceed futu' lanes) which facility sh.U be removed upon tbe Issuance cfthe
CertliicateofOccupanc)' for dleBllnHacllity on Block "N,
Th. overall de\'elo~ment of a.. property shall b. oonduoted in acoordance with the approved
sile plan on tile at the City, ineiOOillg ele~.tions, architeeMsl featares and estimated comm.rcilll
square footage pUJ1luant to Section 20.3·7, of,th. LDC.
5, Pu.blic Facilities Scning tlte Proj.ct. In ,ord\ll' to enHance publio f.oiliti •• in
tlle City of South MiamI, the Company 'agreeS to provld6 Ihe servll)$s listed below in oompilf.lloe with
Se<ctlon 20·4, I of the LDC, i neluding;
(ol Rn@dws!,!
An Qpel'ational traffic study WM <;onducted .by tho city I!lld the ComjJ2JlY agrees to the
reoommelldatiotls of oily staff as &61 forth in their staff repOlt wMelt rooommendation, are incorpDrated
herein by referenca.
(b) Pal'ks and lleereation
Based on, the projected residential population on tho Property, Company agrees to donate
$232,000 in one. romp sum as Its re'ponsibllity for m.eth1g park and recreation cOnellrrellcy. Payment
,hall be made on or before reoeipt oflhefirst buildlng perm I t and shall include anylnt.rest or clUrylug
""st ino~rred by th.,City until r~eipt ofthe payment,
(c) Sgnitary Sewers
Water anG Sewer services that comply with all ~quirements of Miami-Dade Coun\)' for any
building prior to ~suancc ofalloa! Certiflcate ofUse and Occupat!CY,
(d) SolldWnsre
Solid ,Vasta service< that £Qmply wIth all J'0'luiremenfs of Milllni·Dad. Collnty for any
building pdor to iSBuunce of a final Certificate of Use und Occupancy.
(0) Schools
The Compauy oomma. to P"l' upon the issu~~oe of the initial certifioate ,of occupancy nul'
req"ir«l Mlarni-DadeCountyScb.ool Board school Impact fees.
6, 'Concurnmcy. The City of South Mir.ml has determined thot the Company's
perfonnanoe undDr the A~m.nt satisfies the ooncurrenoy l'e~·"irements, as dellneMad in SectIon 20·
4.!. ctty 'Co;w, By eJ!eoution of this Agreement, the City acknowledg6S that the< 'llplloatlon for ~[te
MIAMl3M318S.376B131'19325 3
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pJUI appro~al meets all oonQUrroncy <l'guJ~tlonl eMumer~ted In Section 20-4.1 of !he Cit)' Code, .~Md
that tbe 8it~ plan aPl'lI~atlon and this Agi'eem$nt en ·oonlis!ent with the City Comprehens!ve FrlUl and
Land Development Regu tat/om.
7. Permits. ~ permits preUmlnarily identified as neoossary f~r ·deve:lopm~nt of
the proje~t ate describe<l as follows:
(~) Special &coption to pennit four dr.ive-through teller lanes within the .lte.
(b) S.pooiaJ EKcoptiootoproYide 72.2% +/. lot QOvernge.
{c) S.pooiai Use permit 1Q permit up to fourre't.ur~~!l! wi\h .. maximum tctal of
13,820+/..square feet with parking to be supplied from any exe.BY parktng within tho .ite. Retail nnd
restaurant pat'klng shall be marked IUld signed.
B. Dewlopment Conditlonl. The following condition! sh.ll app!~ to the
development of the proje,!:
(.a) The Company shall meet all applicable olli1dillg codes, laild de,'elopmen!
regulations, ordinances and other .laws.
(b) Tho 'Company slmIl adher.e to the requirements of all permits for the project
(0) The Company ,b.1I d\W.lop the project in comormanoo with the parameters sot fotth
in (hls agroemeat
(d) All devel0r>m.nt shall b. in aooord with the .ite plan submitted "oth tbe sp.clal
""ception and .peoial use .pp!icatjo~', .. ill ,iW pI"" on fiI. with the City.
(~) The ComplU\Y sh.ll provide the Depnrtment of Plonnlng with • t~mporary por.king
plan, lnoludlng an operational plan, whioh nddressOi oonstruction employee parking dudng th~
oonstru~tlon pel"iod, said plan shall ill~lucl5 en enforeement plan and shall be subJeot to the rflvl~w and
approval by til", plMnjng director print to the issuance of Bny building portnits am:l ~1I.:l1 be enforoed
during construction n.tlvity.
(I) Ali conditions hnpose<l by the CUy COITUnlssion shall .b. incol'pDrated in thl.
Dev~lopment Agreement
(g) Compnny shall reim!;optse the City its lost pal'killg _ue 1T0m My metered parking
"Paces ndjacent to the Proporty \vhicb it o(lCuJ.,fcs 01' uses during the QOtISlruction period.
(h) TIle Company shB:Il donate to a city tl'ust l\.md $40,000.00 tobQ used by lb." city for
traffic o.ln:ing or other traffic mitigation pr<>grruns within lb. ·Cif;y of South Miami. This money slaU
be donated to the OIty, prior 10 the issuance of iIi! flrst bullding·pmnit.
MrAMI 3293[83.3768[312932; 4
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9. Couslsitocywltb City of South Mblml Comprehensive' Plan and Lana
Development Re.limlatlon~, Theei!)' has ~dopted a C<!>rnprehenlive Plan and Land Develo?mettt
Regulations in aocordlll1oo with Chapter 163, :Part n, Florida Staruten. The oity find, that the project is
oonsistent with the cit/s cDrnpreben&ive piau and the city'. land de\'elopmont ~ulationB, The project,
amixe~ useresipential, office and retail development, •• set forth hemn, is COOsistent with the
'Mixed-U.e Commerci,IIR •• ldentlal (lIour Story)" designation on the fu~ land us. map, an4 the
HO-OV zoning diBlrict on the Officild Zoning Atlas of the "City of South MiamI. Goal 2 mfth. Future
Land Us. Element ldentif«,s the homo tawn di,trict which oon~ists ofiDe "Hometown Distrlot Overlay
mne, n as defined in Artil'le VI~ ~evtions,20.7,l through Zo-7.sZ ~fthe city's !and development
l(lgulntlonl,
10. V.stl",. As (ong as the de'lel"pm~nt Gn!he Property ie in .ontl'l!~M~ wilh this
Development Agreement, lind ell appiioablilews, ordinano.el, ood~s and polici~1 In exlstenoe·on lu1ie
14, 200S as well 81 Caler requirements imposed by the Cit)' Commission upon the ratlflontlon of ,·ne
,it. plllIl approval on tho Property, the Pmperly shall IIOt be ·the subj<'Ct of a down zonlllg ~pplicntiQlt
by the elty and ~.II Mt be subject to ·any development tnoratoriutl1, referenda actiol1, ·ordinancel,
policio." or procedul'es etJlU)wd by tho Oity that Ilmlts the dOW>lopment contemplated :by this
Agreement and depioted ln tbe site vlan. Any fallure by this il.gW'.mentlQ address a partioulHr l'et'1l11t,
condition, l~l'm a" ·j·estrlction s1Lill not.reHeve tb. Comp8n~ of tho nceessify Gf complylng with ill. law
governing said permitting requlrements, oonditions, lemls orrestrlctidns.
11. Permits, Conditions, Terms and RCltrictions liot Addr .. ,ed. Tbe failure of
Ibis agreement ,to address a parliClll;u' permit, condition, tern, or. restriction ,hal'! .not ",H.ve the
Company or the oit)' of the necess!t)' of oomplying with tho law gov~rning u:h! permitting
requirements, oondlUone, tvnns, or r~tt:lotions.
a. Duration <IfPermits. The CDmpany acknowled~ thatlhh e~rooment does not
erJend the duration of any permits or apprDvals.
U. LRIV Governing Del'eloptilent of the 1'ropetty. The ordinances, policies and
procedures ofth" City of S"utb.Miomi coneorhlng development ~fthe property (hal are In exirtence as
<lithe Effeotive Date of this agr""lllollt shan govern tIle dev~lopment of!lre prol"l'ty for tho ou!'at;on
ofihe term of this agreement No .ubsequently adopted ordilJ.noes, polioies, or procedures ,hell apply
to the property ~xcept in =rdance with 'the provisions of seotion 163.3233 (2), Florid. Statute., and
Ordinnnco No. 05-05·1827, as Il1iacbed.
14. Termination. This agreement may be tennlnated by mutual written cDnsent of
the city and Company, ·RubJ •• t to the ~rmB ~,d oonditione her.in. Either party .may terminate this
MIAMI l293183.3 76813/29325 ' 5
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Agreement jf th.$ other p~rty ¢9mmit. ~r j,!lOWi to· b, eOll\lItitied any m~terlal bre,~oh ~f this
~6Inent, A "matorlal br~Mh" of this Agreement shall loilude, but not be limited to, a fafluro 'of
either pally to perform any material cluty Or obligation all it, part for any thirty 00) conseoutive day
period, Neither party may t.tminaW this Agreement on grounds oCmalaiai breach ofthl! Agr<lemenf
unless it h~s proyided written rro(:ico to the other party of Its intention 10 declare a breach .and to
tennlnate this Agreement (thO' "NOOO<l to Terminate") and the brellcldngparty thcr.after f,ils to oureor
bll. steps to substantially cure the. breach within sixty (60) days following the receipt of suoh Notice to
Tlll'minate, with the exception ofmonoiary breache, whi,h ·shall b. cured within thirty (3'O) dRYS after
reuipt ofnotioe,
~5, AossIgll.lneut. Thi. Agre~nenl may not be lISS~ed \:>y the Compll11Y aKc~pl to an
amli~ted Inti!)" 'WJUIQ~t the prior written consant ef the CI\)" Subject to dIe praoedln,g sentence this
Agr()ement shall 'be binding upon the suoeessol'8, migns, end representatives (If the piU'\ies ,h~ret\), A.n
rd!llfa~d entity l& an entJty of whioh South Miami Corporfition or a majority ·of its ~har~oldars,
dJreotJy.or Indirectly OWllS al 'least 51% of the beneficial interest.
16,. Work Force. The Company agrees to lise its heBt efforts tQ enhanoe Job
oJljlol1umtios fOI" 10001 citiuns in cormeofton with tho projeot, To Ihflhmd and in ol'der to max.hnh .. job
opportunities for applicants from South Miami, tile Company shall _d Dotke 10 thB Con,munity
Redevelopment Agenoy Direcmr of the City of South Miami, or a substitute designee by the City
Manager, !'o,,"1lrding employment opportunities related to any (i) oonstruotioD work on the Property, .(2)
temporal)' or p~~mancnt maint¢n1Ulce,vork on the Property, or (3) propo",,1i for leasing afretail spaoe
or .mploYlntnt opportunities assoolated w[chret~It space lce,ted .ltthe Property,
17, Joint Preparation, This Agreement hu been drafted with the ilsti!'oipatl<'lt\ of
the tity and Company !\lld their C(>u~l, and ahall not be construed against any party on a~Oount 'of
dr.ftsman.hlp.
1ff. mlld[~g Affect, Tno burdens of thiN Agreement ,hall be bil1dlng upon, alldO).
'benefits oflhis agreement shall inure 11>, all SUCCessors in intel'est to th~ parties oftbis ng,,,etnetlt,
19, Coptlnns .and Readln.gs, Paragraph hea4ings are for convenience only ~nd ,ball
not be used to COn,true or il1te$rettlUsAgt'eernent.
20, Applicable Laws, JUI'i.dlction, aJld Venue. This Agreoment shall bo g0vemed
by and Interpreted, construed, and enforced hi acool'danoe with the internal laws of Florida whhout
regard to principles of conflicts of law, This ogreement may be enforced 68 prol'ided In Section
163,3243, Florid~ Slatu(~, Venue for an~ litIgation pertaining to the sUbJeot malte!' hereof'snall be
MIAMI329318~,3 76B131293Z5 6
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.xolu&ively In MIami-Dade County Florida.
1.1. Ellfo~llCment In Illly litigation arising out of this agreement, the -prevalilng party
shall b. entitled to recover its coots and attorneys fees, Attorney', fe<:s payable under this paragrl\ph
sllallll¢t exceed 25% of the amount of damages Awarded to th. prevailing party and no party shall b.
cmtitled to pm-judgment interest. In anyinjun'tlv~ or oth6r solion not sooking damages under this
poragtaph, tegal fees may be llWII!'1Ied in the dilQretion oftb. oourt, but shall be reasonable and shall
nol exceed an hourly rate of$3GO.OO p:>I bour.
22, Illspeclion. Nothing in this Agreement sh!l!l be oonstrued to waive or limit the
C'tly'a gov~nmental authority as a mnniclpal corperaticll onc! l'oiltiCld subtilv.isiQn of tho State of
l'lorida. Tho CoIl1P8.l\~ th~~ib~ undemands lind e.g:re~fi t~.tJ\h)f offici&! ins~eojor of'tlls Olty of So~jh
Miami, or Its aae,nts dul)' ~u1horiud, have the right to enter,lnlpect and invesdgate all aotlvJtlo9 on th~
promlseato determlno whethOf th~ Prope>rt)' oompiles with 'applleabl~ law! in~luding 'but not Hmlteclto
building nnd zoning tegulatlonSand theoolldition. bore)lI,
2). Authorlzatio. to Withhold PermIts an~. Inspections. In the ovent tho
Compa~ i. obligated to !I\akepayments of :improvements under th¢ Wrms of this Agre.emeut fUld ~uch
p')'ln"nts "'0 not made as re,{uired, of'8uch ltnp:·ov.ment. are not made as required, in additicn to any
other remedies available, the City of Soutb .Miami is .hereby suthorizo,d Co "oithlJold any ful'ther permits
on toe portloll of the Property ftdling 10 comply with this DeveilOplller¢ Agreel1lent, and I:efllseany
mspectlons or gran! ·any approvals, with regard to that portion of the Property untU such tim. this
Development Agroement is ccmplied with.
24, RepraSeIlfations of tlie Ccmpany. The Company rep~senta t~ the City as
follows:
(a) The ex~o\!oJt, delivery alld ,performance of ibis Agt*ment Mld all other Instruments
and agreements .x.eouted itl connection with this Agt.eement ,have ~e.n properly 5utbotlzed ·by 1he
Company and do .not I'eqult,o furthor apprQvd byComplll1Y.
(b) Til;' Agre.ement bas heen properly executed, alld constitutes 'Company's legal, v~lld
and l>indlng obligations, 6nforoeab)e against Company in ~cC6rd.nc<> wilh 118 terms.
(c) Thereure no actions, auits cr ~rooeedlngs pending Ql' thEeatolled against OJ' affecting
Company before .ny court or govemmenll\1 agency ,hat would in lUI)' material way affect Company's
ability to perform this Agreement
(0) Ccmpany shall not set in at\y way whatsoever, directly or .indirectly, to C~Ule tills
Agreement to be am~nded, modified, canoe· led, cr tennlnated, except pursu,ntto its expre,s ,terms, and
M!AMl3293'l83 ,3 m13l29n~ 1
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shall tokG aU 1!Qt!ona n~~s;ary 10 ensure (hat this Azreell\~ot shall l'ell\t.in in till! f0!OO an~ .effeot AI all
times,
. (0) Company has the fioanciel c.pacity to l'a~ or advanoe to the Cit), aU fees and
J'Bymen1s as required ll1lder thlsAgreement,
25. Severllbllity. In the event rllat 'any of the O"VeIl!I11b1, ogre.monts, terms, or
provisions contained In this agreement ahal! be invalid, illegal, or uneaforoeable in .any respect, the
validity of the remaining eo_anti, agreements, terms, or provisions contained herein sha II be in no
way affected, prejudioed, or disturlled thereby,
26. Waiv ..... No :finlure Qt' delay by Company or the City to insi,t UPDU the striot
performance of My oovenant. agr~men4 tOrttl or oondition of this Agreement, or 10 exercise any light
or ~rnedy oons~quont Upon th. breaoll jhe~of, shdl oonst!tute a waiver of ~ny luoh hrellOh 'or any
subsequont bre!'.ch of such cov.lllIn~ agreemen~ bonn vr cPI\dil!~n. No f.'OVenlUlt, agr.=~nt, wlm, or
condmon of ft,is Agreement ~d no breaoh thereof shaU be waJved, a!torod er m.odlf1ed e).:cept by
written Instrument, No w~il'''' of any breach shall w('Ct or aller tWs Agreemeni, but each and overy
CIlvenal1t, agreement, i<>ml ,and eonditiQn of !his Agreement,hatl oontin1lll in ful! foroe and effeo! with
res.peet to any other then exislingor 8IIbsequent breach thereof.
27. AnnuallkpQrt and :Review. It shall be the responsibility of the Company to
submit au annual report to the C'rty ,",meient to fulfill the requlrelllento.88 .toted in the provisions of
Section 163.3235, Florida SalUtes, and Ordinance No. 05-05-2005. This agreemell(,ba!1 be revi~wed
annually 00 the anniversary oidle Eff~tive Date ofthls Agr~em.nt. Th. CompOll)" 'or lts assign, shall
StlbrnllJ\n I.llnu!l.1 r~port at lo~ 30 days prior 10 tbe"alUlual nvlew date following \1'.0 fir!t elUlu.i report
suom!tted in Z012 whloh 'IInll be filed 30 days following the ~xecutio. ofthl. Allwncled DevelQpment
Agreement, if nolalreadysubmitteO. AU annual repom shall oontain a sectlon.l:>y.sect!on JIlting of
what obligations ha"e been met and lbe date finalized, as good fuithrompllanco with the terms of the
agreement, The oity cottll11ission shall review the annual repDrt at a public meeting, If the City
Commission £jndi!, Oll the basis of substantial 'competent evidence, thai there has been a failure to
oompl)' with t1w tom's of the Agreement, 11,e Agre.e,nent !My bo revoked or mpdified h), tho City, The
obligntiOll to submit an annual report shall conclude upon the date on which the t'gte.ement .is
terminated,
MlAM1329318g,376813/29325
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following:
N'"flceJ. Any noti~ or APOr'.s required by this Agreement shalt be nnt io th~
Fort&. Cityl
Copy to:
For the Company:
C~py tol
CHyMauoger
City of South Mlruni -6130 Sunset Drive
South Miami, FlorlcIB 33143
Planning Director
Planning and Z(rr,lng Department
City of South Miami
6130 S.unsot Drlw
Soutb Miami, Florida 53143
South MllUlli Corporation
Attn: Bruc~ W, MacArthur,
C~.!nnan oitheBoard
5750 SunselDrWll
South Miami, Florida 33143
Aud
Nadine Heidclelt
ChiofPiuR nc iIU .Qffioer
Wirtz COl"porlltion
680 N, Lake Shom Prive
Suite 1900
Chicago,. Ulitlois 60611
Jerry II, Proelor, Esq.
Bileln Sumborg Baona Prlca & Axelrod LLP
1450 lJrlokeU Ave., Suite 2300
Miami, Florid. :)3131.3456
29. Exhibits. AIlexhihits attaclled hereto oontain additional tennE of this Asr'~1IleJ1t
and are incotporated herein by referelfoo.
:>0. Amendment This Agreement may b~ amended by mutual writt~n cor.sent oHIt",
cIty anCi Comp~ny so long as th(! amendment meets the .r.equireroents -of the act, applicable oily
ordInances Bnd FloJ'ida law,
31. Enrk. agreement,. TItis Agreement repre'ents the·entiro egreement and no prior
or pr.sen! agreements or repfIlSootatiDns shall be binding upon althor lhe city ot COntpallY, unless
specifically 'InoDrporated h...",in by referellce, whether. suoh pr;o! present agre.m~nts hlw. been made
orally or in writing, Baoh peui;' Affinnntl\'oly ropre,o"t, that no promi$os haye -been mad. ·to U'e! party
MIAMI 329l1S3.3 76W1293ZS 9
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th~t I\l'e not cQntQlned in tb,s Agr<»meot, ,~nd lhe E1Ihtbii!l, and stlpulates. that no evidence cf any
prQmisea not oonuinea III this Aweement, Uld the Exhlhlts, $hall be admitted Into iv,ldence on itl
behalf, This Aweement ,,,,,11 not be supp.lemOllted, "",.nded or mOOif'led by any oourse of tle.ling,
OO\ll". of p~-formance or u~es o(1rade 'And may only be ''''Gllded Gr modified hya written lr.strument
dull' executed by officers of \loth parties,
32, Third party Beneflclary, This Agreement is exolusively fOT the ben.fit.of the
parties hereto .nd their AffiUalcs and it may not b. eufol'Oed by any party other thsu the parties to this
Agreement and shall not give rise to liablllty to any third party other than the authorized sucoessors and
, assigns orih. partie. hereto,
33. P"riod. "r TIme. Whenever Mty determination is t~ b. mad. ~J' action i~ to be
taken Oll ~ date 'peoifiod in this A~ment, if such date sball fuU on II. Samr.day, 'Sunday Dr legal
holiday, 'then lJl suoh ev~nl said d.~ shall be .xtended to the next day whioh is Mt 'R Satur~.v, Bund,y
or legal hoUd~y.
34. CDuuterparts, This Agreement may be executed (lucludlng by facsimilel in one
or more counterp'rts, and by the different paitles hereto in .~paral¢ coonterparts, each of whioh when
."ecuted shall be deemed to bo an Original 'but all of which takelt together shail oanstitute one and the
same agreement.
35. Recordation. Withill 20 days after the Amonded Development Agreement has
00en signed by both the CompWlY and the City, the City shall can"" a Wpy of the Amended
Del'elopment Agreement In b. roo9r<ied at the City's expense in ilie regl.try of,de~ds in Miami·Dade
Co.unty,
36. A~~ndonlrt.nt of Rlght-of.Wa¥, The Ci~ agrees to ~bf,nd9o th~ l'iSht·of·w~y
adj!1C.nt to the pro,pe!'t)' to the buLldable !ine, The Compa~y .hs'll cont~mporaneOU!ll)' grant til the City
an easement fiom the right-of-way adjaoenl'to the p10perty to the buil~.ble line for aU future need. ot
tho City. Ta ensure that the proposed structur·e do~s not interfere witl. the City's future rteeds, any
pel'manent stl'tlcture extending out over tile City's eas6tn.nt.~.[[ provide the City wifu cienr.Me ns
provided·in the Hometown Ov ... lay Distrkt'l11 tbe Land Development Code (IO-feet trdnimurri),
l' ASSEl> AND D VLY ADOPTED by til e City COJnm Iss ion Qf South Mj.m~ Fiorlda,
this 4th day ofOecembe1; 2012,
APPRO
MlAMI329m3,376813129325 10
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Witnesses:
L NNUt /() • .dll.,<;1*"""aO
Print Name
(/'1 t.iTlf(,4 )( . "84. U l!&::--.
P.rlntName
STATE OF ILLINOIS )
) SS:
COUNTYOFCOOK ____ __ )
\ SOUT MIAMI COltl'ORATION
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W.Rocl..-weU
{\,.. The foregoing instrument was ooknowloct\l:eo betbl:l me thl. / :n T 1-1 da~' of
J.Jl:~ E '!!\(e4'1..'l" ~12. br ow , i?..\)~'L\".h!!\)..1Jtll,;ilIe/hls pemnally known to me or
produoed as identifioation,.
My Commission Expires:
OFACIAI. SeAl.
triNTlilA E KliOH
N(}TAI1V'Plj~LlO, STA'Tli 01' 1LlJN(j1S
MY COMMISSION EXPIi\Sa_oI6
MlAMll2~J 183.3 '68131293)$
Sign Name:
Print Name:
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N ). -t<. lqi"~::::-\-\
NOTARY PUBLIC
Serial No., (none, if blank);, _______ _
[NOTARfALSEAL]
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L~ts.5, 7, a./ ~, 40, 41, 42, 43, U, 45, 53, 54, $'~, ·se."
$'t ss, S.~, 60, 61, '&2, 63, 64, 65, 66., and thll east SO
foet cf Lots 51 wi S2 ofYl.A. Lukins SubdLviBicn.
A¢oorciin9 to th~ !)lat tbeteof .reoorded in Plat ~ook 3 at
P.ge 1 S 8 of ·tlla ~lie Reoords ()f Miami-Gada County,.
Florida.
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ORDINANCE NO. 0$. M" 1 S 27
AN ORDrNANCE Oli' THE M)..'lOR AND CITY GOMMlSS[ON OIl r!'£E CITli
, qF SOwn M!AM1, (1LORlDA ADOl?tlNG A PILV')T.J:..OPMENT AGREEMEI>.'r '
PURSUANT TO FLORIDA STATE STATUE UUlll. FOR A UNIliil'>D
DEVELOPMENT l"lWJ1tCT KNOWN AS "PRomCT SUNS!IT" WHICH WILL
INCl;ODE TImEE Jl.UlLDmGS UP TO FOUR (4) STOlUli'.S IN E.EWaT AN'D
THE FOLLOWlNG USESI IUS MULTI.FAMILY It£SID1!'.NTIIJ:, 'ONITS,
RETAIL USES, OFFfCE USES, ro>STAtlRANTS, llAm{ .AND P AR.KlNG
GARAGES; ALL FOR PROPli:l\TI:' LOCATED GENERALLY A'I' .751) SUNSilT
DruvE AN!) LlWALLY Dl1SCRIBED' AS ,LOTS Ii T1m:u 9, 4tl TERU 4$, .$3
TmtU 66 rnCt..USM Affi) TJ!E EAST .0 :FERTOF LOTS 51 M'D 5Z OF W. A.
LARRlNS StmDMS{(}N' ACCORll'ING TO Tim PLU' TH;EJ..l;EC!lll
R.EQoru>an IN PLAT BOOK 3 AT l'AGE 19~ OF 'I'lil! l''OBLIC It'ECO'rulS 011'
MIAMI·OAIli& COtlNTY; l'RaVIDlNG ~o'a ,SEVltlUlllLITY; PMYll')l!oIQ
ro,R OlWllfANCES IN CONFLICT; A;.~ PlOVlDING AN EFFECTl.V1ll DATE
WltEUAB, in 200S th~ SOIll'o. MieJUl Co:pontion W f",!ue>tin, approval 'of 1 D~v~lo~tnt<1t
Agr¢e1llt~t fl;!: HS .or. Pl'OPO",J'Ill>ifi~ dev.topmont tob~ .. Ued "PI':Ij",t S\ll1let" which w!lll:lolu(\e
a loW of lOB dWBllini wll!S ,od £7.212 '«l)U'O lOot of oom.,orota! Ill""<'n proporly 1002t<4 ~t>1ly
at 5150 Sunset Pd,. and I.g.olly d.,orlbod I1!l !.<lIs G tbt. 9, 4~ t!\l\l45, 5HI"" 66 ineJ""ivo and !ho ~t
50 feet of Lots 5! 811452 ofW. II. Larl:lns subdlvidon "."cllng to (h. plat thereof !"",,"dod ,il> pi!! book
3 at pag. 198 of tho publlo ~ ofMimll·~doCoUl1ty; wi
<l-
.' 'WI'IEIUllAS, th. CliliColOlDlation '.j 1(, Match 1, ,2005 .,..ung ilMptod • !.soM!on allewing
two spedJJ eX0"l'til)1l8 ond e.doptcda ..,eei.h" reooMien p01'1Xll(tiog 1h.o~on oHour 'o,t.Uti..,~ !n
tho unified iI~,,"IOP!D""I; ... d
WID1:lillAS. the l"loclda Local GovOnUnOJ1.fDevelopn,..nt ~~ .Ac4 ,or forth in'sect,loos
1,6'3,3220.1.63.)243. Florida S!B.1D1es, p",v1de, for t4e exeoutlon oN~~clopn!ellt:ogr_.l.t, to lnJruro that
thol.w wi Fegul.~o"" In efl'eot ot tb:o t!mo·ofth, .); .. u~on ¢: the development "S'OI;!Dent ,haU gO'i'ro
1he dcyel~~llt of'·th~ ll!.n.d f(~r lbtlOurlltio::lo of the t.~::::l.';!nti ImQ
WlmlUIAS, Ih, South Mlaml Corp.lllm hll P!OP~~0<1 tho ~x_!lo~ ~f • d""'l'p~lllt
&greoI1)llIUt w.W! tho Oll)' of South Mlaml pG:1aWnS to b b5l~.d \150 proj""t ""tlUed ''P,l'OjCO\ Sl:fJIel"
",blah ,~e<)t woul~ &ot. forth aU Df Ibe oond!.tlolU r.n~ ,o~!m""t£ requll'ed: b.~ the Cl'W :esulUnS
from 11;0 ~prol'a1 o(the '~ia1.xeopdoc 1r14 !plOitl'IIIJl'O<!U"tl; IUld
WHEltEA.S, the Plaunlng SQ!Il'd .t , tneotil>g olt F~b",""l' 22, 2005 after a pubU. b",ting,
adopted a motion by', 'vof<> of 4 oyo 1 /lty r=lIl!il,od!n~ .pproval of'th. propo,ed Development
Agreement $llbjoct to Ipocificmisions &ld oonm!ions, which have been included in \he drall' <yea_t:
and
'iI'EEREAS', the Mal"t' ODd City Com:tii'sio:o of the City of S~uth Miami o •• rr. to '"",pl the
,'oo0j1lJJleodaHon of!he Plmnfng:Board.
NOW, 'ImREIfOll.E, llE IT Ol<.DA1NED EY 'fHE MAYOR AND THE-CITY
COMMISSWN OJ/THE CUY 0J180U'l.'RM1AMI, FLORWA:
SeetiOJ1 1 Th.s:t a P.~~lopment Asr~!:::len4 atlat:hed e.$ Brliibit ~ p,:' RS !'.mwc.ed· QUEng tp;
M.,.4b IS. 200S Rullo. he>rlgg U1Q 1l"oiI Maroj} 1 S, 2005 I),tw,.", If" ',ily
ot SQUill Miwn"Florio., aod 1M South M.lsrrJ C011l0rallon pertelnlng tl> ,8 4.$ aore pr>pooed
EXHISIT"B"
\IlIffi&~ I.mlOp!llont U> be oalIb;! ''Proje;i SUI\lot" llibl~~ will (:o~tudo a toltl of \08 ciwelll.,,1lI\1lJ a.'ld
81,2\Z lqIIUe loti of eommm!tllpao~ on P!operty IQeJ!to',~""mlly at m~ "SU!l.I~j !)rlv~ t..~d I-SIlly
desOl1'bo<lu LotI 6 !!lru ~, 4O"thnl4S. S! thru 66 1n,1\ll!\'tInd thUAIll 56 foet ntLots 51 and Shf W,
A, tukirui -.u.bdll'lslon oeoooliog to !he p1l.t thereof .tcll!1l>d In Plat BOQk 3 'at pogo 1 S8 Df'llle publi ..
'rl\C~rdi pfM!omt·Pud~ CI)!II1ty 1; IlP\>IOv.d, '
Section ~ l.f ani' sactOll,. 0. mltr,OlI, OI~hrns~ elMs ori!JnRn06is"lllr IiDj' lea.Dli held invaiio or
unooo"Mional by • QOIL-t.r llPll1jleIenl illciodie~on, thl~ holding ,ha1lllo:~ ill. "r.Jtc!ity oftb.
remainlngportlont of !hIE ~
SecPon 3 All ordinBnotS IJr pI1i$ of ordim.~oos in oOtiliot Willi tru. p:tYIiafons' of this oO,nmanoe ~
hereby ropeaJed. '
S.c~.o 4 Thi. ordinwoe shall .. ejj'eot1V' u="diatol~ tlW the a®p6on,!m.eoc'
Arns')':
COMMlSSIONVO'J'B: 4~ 1
M£)'O<R.lssoU; Yea
Yjo~ Mi\yur l'lllmer: " 1: ea
C:o!l1Il>bslbllQ' WiEOQlUb.; re;>
c(ll;mnis$lQner Bill$-'Cooper: ¥~"
Commissioner She"", ll'ay
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S'.ea •• 5 This Drdinake tbe.U t>c'~fttoev. ~edi.jelY after \he rultIptlon b=t 'I " ., ; ,"
',; PASSBD~~b~thls' /ju. dayd ~,200S ,
ATl'EST: Al'?ROVED:
OOMMISSION'VOnl:
l.uyor Rms.ll,
, 'Y A'ITORNBY
VI,. Ma~r Pabn.li
CoOlJlllJ:.lcn ... WisOCOl.b.1
Comml .. iontr Blr';s.cocpOl': c,,,,mr.sioner Sh.,..r
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20-5.14 • CQrtl flc~te8 of ocaupaney.
(A)Cert/fk;ore RflC/ull8d, NQ land shall be used·or occuPied alld no structure shall be altered,
ereCled, moved, used 01 chanued until a certificate oJ occupancy haa been Issued by tbe
building and zoning department stating that the struQture orusewm~lIes with this Coda and
lhe Building Code.
(B) Procaciuras.
(1) A certiflcat. ofollOJpanoy shall be Issued only al1er<lOnslru;;tlon has bean ,oompleted
and ft~al Inspections have been oonduote<;i and BPPlVied. .
(2) A Ol>rtlfloata <lfOOCllpanoy shall be Issued within ten (10) wQrtlng days after
oornpr.;tion QI consiruotlcn of such slructure, s~bJecl to:
(8) Inspectlon bylhe building off!QI.I to ~.I&rmlno oompllanoi with all applicable
provisions of thll Ooaei an~
~b) Compllanee wiltl the Building Ooca and all other spplloable I'tQ~latlona.
(3) In the I'vantQfa quu\k)n cQnoemlt1g !h81~ga'IIf'i'ofa use, Iha dlreQlor may re~ulre
affidavits ana &uoIl other Information as deamell neoessary bafore Inuanea o( a
certificate of occupanoy,
(4) A rBoord of all certificates of occupanoy shall be kept on fila In the building and zoning
departme.nt.
EXHIS:IT"D"
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20·7.30· Unity of Title required.
(A) A Unity ofTltle, as set forth In $aotlon 20-5.16, Is required for 811 jllalled lots In any
development pr~Jsctwlthln the HD Ifeny 01 the following conditions exist:
(1) If a oevelopmentlll'$Ot [s to be built on two (2) or more a~utt[ng platted lots:
(2) If the permitted denvi!y of a development prQJ~ci Is based ~pon .\he aVeraglMg 01 two
(2) Of more platted lots either abutting OT looate"d olf1he opposlle sides 01 a pUblic 'Tight
-of-way Of aUay:
(3) lithe. nequirOO patl;]n~ for a .devaJopme~1 proJe~\ [~lOCatedon a lot otherthan on th$
silo wMloh Is genem!lne the r~qulr"ll :parkl~g.
(Ord, No. 23-&.9-!On § 4, II-1~P; OrrJ.No. 05'07·1906, § 1.2020-07; 0lrJ. No. '2~io-ao~p, § 2, H-l~)
http://llbrary,mullicod~,comlprint,a.px ?h=&cllentlD=12667 &HTMRO'luost=nttp%3 a%2f,.. 12/2012012
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20·5.14· CQ rtifloates of ocoupanoy.
(A) Certlfioate Required. No land shell be used or occupied end no structure shall be altered.
erected, moved, used or changed until a certificate 01 occupancy has been Issued by the
building and zoning deparim.nt stating that the struclore or use compiles Wllh this Code and
the Building Code.
(8) Prooedures.
(1) A c&rtlficata of-occupancy shall be Issued only after oonstructlon has been completed
and flnallnBpections have been conduoled and approved.
(2) A certificate of occupanoy shall be Issued wlthtn ten (iO) working days after
completion of construction of suoh slruolure, subject 10:
(a) Inspeotlon by the building oftlolal to" determine oompllance with all applloable
prOVisions of thle Code: and
(b) Compliance with the Building Code and all other applicable r~gulatlon ••
(3) In the event of a qU~6(1on con~mlng the I",~allty of a use. the dlreelor may require
affidavits and such other Information as deemed necessary before Issuance of a
certificate of OCCUPMOY,
(4) A reoord of all oertificat~ of ocoupanoy shall be kept on file In the building and zoning
departmemf.
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20-7.30 -Unity DfTitle r&qulred.
(A) A Unity oITIUs, at s&\ forth In Section 20-5.16, Is required for all plalled lo\s In sny
deve;lopment project wllhln the HD If any of the following conditions exist:
(1) If a deve lopmen! proJect Is to be built on two (2) or more abutting platted lots:
(2) If \he p~l1Tiltled d~sity of a development proJeotls based upon the averaging of two
(2) or more platted lots either abutting ~r looated on the opposite sides of a publlo ~ght
-of.way or alley;
(3) If the required parking for a development pro)~c\ Is located on a ·Iot other than on th.
site which Is generating the required parking.
(Onl. No, 23·pg·te97. § 4, t1-1H9; Onl, No, O$07.190~; § 1, 1-20-07; orO. No. 25-10-2050, § 2, ~·?-10)
http://librfU")'.municode.com}print .• spx?h~&clientID~ 12667 &HTMRequest= http%3a%2f,,, 12/2012012
ORDINANCE NO •. 18-05-1840
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO. 05-05-1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT
FOR A UNIFIED DEVELDPMENT PROJECT KNOWN AS "PROJECT SUNSET" LDCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40
THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET DF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE CQUNTY; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO
PROVIDE A SPECIFIC AMOUNT OF PARK AND DPEN SPACE CONCURRENCY
PAYMENT TO'THE CITY, AMENDING THE DATE FDR PAYMENT, AND ADJUSTING THE
PHASING OF THE DEVELDPMENT; PROVIDING FOR SEVERABILITY; PRDVIDING FOR
DRDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission at its March I, 2005 special meeting approved special
exceptions to pennit "Project Snnset", a unified mixed use development consisting of residential, office
and retail uses generally located at 5750 Sunset Drive; and .
WHEREAS, the City Commission at its March 15, 2005 meeting adopted Drdiuance No. 05-
05-1827 approving a Development Agreement between the City and the developer, the South Miami
Corporation for Project Sunset; and . .
WHEREAS, Section 4 of the Development Agreement entitled "Use of Property" sets forth a
phasing schedule for the development of the project; and
WHEREAS, the Administration has now negotiated an amended phasing schedule which should
reduce the impact of the development program on traffic and parking in the area; and
WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities Serving the
Proj ect" provides a fannula for detennining the amount and timing of a park and open space concurrency
payment to be made by the developer to the City; and
WHEREAS, the Administration has now negotiated a specific amount and revised timing of the
park and open space concurrency payment to be made by the developer to the City; and
WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public
hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the proposed amendment
to the Development Agreement.
NDW, THEREFDRE, BE IT ORDAINED BY THE MAYDR AND THE CITY
COMMISSION DF THE CITY OF SDUTH MIAMI, FLORIDA:
Section 1 .That Section 4 entitled "Use of Property" of the Development Agreement between the City
and the South Miami Corporation for Project Sunset adopted by Drdinance No. 05-05-1827 at the March
15, 2005 City Commission meeting, is hereby amended to read:
4. "Use of Property. The property described in Exhibit "A" is to be utilized for the project
described in Exhibit "e": a mixed use residential, office and retail project with a residential use
Ord. No. 18-05-1840
I
2
2
3 not to exceed 108 dwelling units on approximately 4.5 +/-acres. The project will include
4 "chamfered" corners where it abuts roadway intersections pursuant to Exhibit "C". The occupied
5 space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise
6 permitted by the South Miami comprehensive plan or its land development regulations. The total of
7 occupied space of the project shall not exceed four stories. Non-occupied space shall not exceed a
8 maximum height of fifty six feet. The project shall be built in _ phases as follows:
9 • Phase r shall consist of Blocks "A" and MGll "B" described in Exhibit "C".
1 0 • Phase II shall consist of Block ~ "C" described in Exhibit "C".
11 • The Company may elect to implement the development plan in one
12 phase
13 • The Company may elect to utilize Block "c" as a temporary bank
14 facility with drive-through lanes (not to exceed four lanes) which
15 facility shall be removed upon the issuance of the Certificate of
16 Occupancy for the Bank facility on Block "A".
17
18 The overall development of the property shall be conducted in accordance with the
19 approved site plan on file at the City, (attached and incorporated as Exhibit "C")
20 including elevations, architectural features and estimated commercial square footage
21 pursuant to Section 20.3.-7, of the LDC."
22
23 Section 2 .That Section 5(b) entitled "Public Facilities Serving the Project" of the Development
24 Agreement between the City and the South Miami Corporation for Project Sunset adopted by Ordinance
25 No. 05-05-1827 at the March 15, 2005 City Commission meeting, is hereby amended to read:
26
27 5. "Public Facilities Serving the Project
28
29 * * * * * *
30 b) Parks and Recreation
31 Based on the projected residential population on the Property, Company agrees I@ !lay far er
32 previ€lB.8 8:Bf€l8 sflM:8 8;@8~taeh~ t€J tft@ City fur apoolis ~a¥k. IN: tn@a1t@ll1ativ@, the C@~afty
33 may pn~vig@ a "s\i9stitm:€l F&S1TIilat" bas@€l ®B the a ,.~.wag@ sales ,Fi@B sf n~8itihmtial ~n~p€H:'iy ift
34 *@ €lit,. @; @fthe last year. Th@ C@l¥"lp&lfj"s pa)ID@ffl shall h 8 pla@@G it'! a 8j3@@ial full€! wr sp@iulillg
35 €Hl €Hlpital ootJr€lv@ftl@ms t€~ park aft€! ¥€Hw@ati@ll fa@iliti@8 m the City. Th@ Paym811t SHall e@ math~
36 ift €lll@ hn1i~ aWN 811 @f "8@!8re a Cemii@at@ €Jf USB anti O@@H!HltH~Y is g¥ant@a Wf tli@ mgt
37 resifieftlial URit @ft the Prsj'lerty. to donate $232,000 in one lump sum as its responsibility for
38 meeting park and recreation concurrency. Payment shall be made on or before receipt of
39 the first building permit and shall include any interest or carrying cost incurred by the
40 City until receipt of the payment."
41
42
43 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
44 unconstitutional by a COUlt of competent jurisdiction, this holding shall not affect the validity of the
45 remaining portions of this ordinance.
46
47 Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
48 hereby repealed.
49
Ord. No. 18-05-1840
Section 5 This ordinance shall be effective innnediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
cP-)~G}·~ CITYCLERK~
1" Reading-6/7/05
2nd Reading-6/14/05·
~2. ~~V=E=D~~~S:tT~O~FO~:
TY ATTORNEY
day of ~, 2005
APPROVED:
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Shetar
New wording underlined; wording to be removed indicated by strikethrough
\\MCGRUFF\PLANNfNG\Comm ltems\200S\&. 7-05\Development Agreement Project Sunset Ord.doo
3
4-0
Yea
absent
Yea
Yea
Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
bO ••
JUI·AmericaCity
~HU'
2001
To: Honorable Mayor, Vice Mayor and
Commission Members
From: ~ariaDavis II. IJJ 1t:r:2»t' rF"
CIty Manager~ ~ )
. Date: June 14, 2005
ITEM N 0,........,16",,' ~.,------::
Re: Project Sunset :Amendment to
Development Agreement
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO, 05-05-1827 WIDCH APPROVED THE DEVELOPMENT AGREEMENT
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40
THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF .RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO
PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY
PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE
PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Development Agreement for l'roject SWlset (Bank of South Miami) was approved by the
adoption of Ord. No. 05-05-1827 by the City Commission at its March 15, 2005 meeting. The
attached development agreement contains a Section 5(b) (public Facilities Serving the Project)./
setting forth in general terms the applicant's concurrency payment obligation for parks and
recreation space. Following that adoption the Administration negotiated with the developer a
specific payment amount and a new payment date. The amount is based upon the per acre cost
negotiated for the purchase of the YMCA property.
In addition to the payment amendment the Administration has also negotiated certain changes to
Section 4 (Use of Property) which sets forth the phasing of the proposed project.
The amendment to the Development Agreement requires an amendatory ordinance to be
adopted after review and recommendation from the Plarming Board.
PROPOSED AMENDMENT
The specific amendments are as follows (new wording underlined; wording to be removed
indicated by strikethrough): .
Development Agreement
June 14, 2005
Page2of3
4. Use of Property. The property described in Exhibit "A" is to be utilized for the project
described in Exhibit "C": a mixed use residential, office and retail proj ect with a
residential use not to exceed 108 dwelling units on approximately 4.5 +/-acres. The
project will include "chamfered" comers where it abuts roadway intersections pursuant
to Exhibit "C". The occupied space of the project will not exceed f(}ur stories or fifty six
(56) feet in height unless otherwise permitted by the South Miami comprehensive plan
or its land development regulations. The total of occupied space of the project shall not
exceed four stories. Non-occupied space shall not exceed a maximum height of fifty six
feet. The project shall be built in ~ phases as follows:
.. Phase I shall consist of Blocks "A" and ~ "B" described in Exhibit
~'C".
• Phase II shall consist of Block ~ "c" described in Exhibit "C".
o The Company may elect to implement the development plan in one
phase
.. The'Company may elect to utilize Block "C" as a temporoary bank
facility with drive-through lanes (not to exceed four lanes) which
facility shall be removed upon the issuance of the Certificate of
Occupancy for the Bank facility on Block "A".
The overall development of the property shall be conducted in accordance with the
approved site plan on file at the City, (attached and incorporated as Exhibit "C")
including elevations, architectural features and estimated commercial square footage
pursuant to Section 20.3,-7, of the LDC.
5. Public Facilities Serving the Project
******
b) Parks and Recreation
Based on the projected residential popUlation on the Property, Company agrees ts !lay fur Sf
p-revie.@ ,8 a@n~g €If land aG8~ta@lG 'b€l tl1s City fer 8: p1:!l;lh~ ~Ewk. In tas altc¥I:fativG, the C€ll~any
m:ay flf€lvhbl a "s~8timtG paYll1Gm" haS€Hi €Hl t1u~ arnu=ags sales ~Fi€H:~ @f f€~8i€ismial IJrcflGfty in
the sits-@ver 1hc last year. TIts Gcmpany'g paymCflt shall 80 ~hH~€Hl in a ~Geiai Iituui f@r
sp@ll€img €In GSf'ital i~revsm:Gnt8 'bG park alia reCfCaftGU faeilitiG8 ill the Cit:;; 'The P&jIDGm
shall bc luaac m Ila,g lat'fij3 8llffi eii 87 13of€irG a CsPt:iiicatc ef The ems QG8~OO@y is grcted fer
th8 Hl'8t r88h18Httal \mit eH the PrS!l8Ft:J'. to donate $224,000 in one Inmp sum as its
responsibility for meeting park and recreation concurrency. Payment shall be made on or
before receipt of the first bnilding permit and shall include any interest or carrying cost
incurred by the City until receipt of the payment.
PLANNING BOARD ACTION
The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment.
Development Agreement
June 14, 2005
Page 3 0/3
RECOMMENDATION
It is recommended that the attached ordinance amending the Development Agreement be
adopted on second reading.
Attaclunents:
Draft Ordinance
Excerpt/rom Planning Board Meeting 5110105
Public Notices
MD/DOD~~.9
E:\Comm ltems\2005\6-7-05\PB-OS..QlS Project Sunset Devel Agree Revision Report.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 10,2005
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 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
n. Roll Call
Action: Mr. Morton; Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy
Mr. Illas, and Mr. Mann.
Board members absent: Ms. Gibson and Mr. Comendeiro
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
PB-05-014
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 12-05-1834 WHICH APPROVED'
THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT
DEVELOPMENT-MIXED USE PROJECT KNOWN AS RED ROAD COMMONS
LOCATED AT 6600-6640 SW 57 A VENUE AND 5757 SW 68 STREET; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND
OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING
Pl8lUling Board Meeting
May 10, 2005 Excerpt
Page 2 00
THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY: PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into record. Mr. O'Domuley presented the staff
report. He stated that the Development Agreement for the Red Road Commons
project was approved by the adoption of Ord. No. 12-05-1834 by the City
Comnlission at its April 9, 2005 meeting. He noted that the attached development
agreement contained a sub-section (2d) setting forth in general tenus the
applicant's concurrency payment obligation for parks and recreation space.
Following that adoption the Administration has negotiated with the developer a
specific payment amount and a new payment date. The amount is based upon the
per acre cost now negotiated for the purchase of the YMCA properly. In addition,
he' stated that the amendment to the Development Agreement requires an
amendatory ordinance to be adopted after review and recommendation from the
Planning Board. Mr. O'Donniley pointed out (from staff's report) that the proposed
development agreement amendment reads the following "Based on the projected
residential population on the property, Applicant agrees to donate a total of nine
hundred and sixty thousand dollars ($960,000) on or before July 31, 2005 in one
lump sum as its responsibility from meeting park and recreation concurrency".
Applicant present: Bill Reilly (representative for Codina Development Corp.)
Mr. Reilly explained to the Board that his client has reviewed the proposed
amendment and his client has no objections to the new wording.
Motion: Ms. Yates moved to recommend approval of the amendment.
Mr. IIlas seconded the motion.
Vote: Ayes 5 Nays 0
PB-05-015
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA Al"\1ENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 05-05-1827 WIDCH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51· AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE
FOR PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT;
PRQVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
May 10, 2005 Excerpt
Page 3 of3
Action: Ms. Yates read the item into record. Mr. O'Donniley presented the staff
report. He explained that the Development Agreement for The Development
Agreement for Project Sunset (Bank of South Miami) was approved by the
adoption of Ord. No. 05-05-1827 by the City Commission at its March 15, 2005
meeting. The attached development agreement contains a Section 5(b) (Public
Facilities Serving the Project) setting forth in general terms the applicant's
concnrrency payment obligation for parks and recreation space. Following that
adoption the Administration has negotiated with the developer a specific payment
amount and a new payment date. The amount is based upon the per acre cost now
negotiated for the purchase of the YMCA property. In addition to the payment
amendment .the Administration has also negotiated certain changes to: Section 4
(Use of Property) which sets forth the phasing of the proposed project. Mr.
O'Donniley noted that the change in the payment amount in the proposed
development agreement amendment reads as the following: "Based on the
projected residential population on the Property, Company agrees to donate a totai
of two hundred and forty thousand dollars ($240,000) on or before July 31, 2005 in
one lump sum as its responsibility for meeting park and recreation concurrency.
Mr. 0 'Donniley also stated that the amendment to the Development Agreement
requires an amendatory ordinance to be adopted after review and recommendation
from the Planning Board.
Applicant present: Alfonso Perez (representative for South Miami Corp)
Mr. Perez addressed the Board and explained that his client intends to
fully cooperate with the City with regards to the phasing and the cost as
stated in the development agreement. .
It was suggested that wording "up to" be placed in front of the payment
amount in each development agreement.
Motion: Mr. Mann moved to recommend approval of the amendment.
Mr. Illas seconded the motion.
Vote: Ayes 5 Nays 0
MIAMI CAlLY BUSINESS REVIEW
l'\!l>T>ShtlClOally~os.!,rt<lay,s",,""I'1Ir\<I
~"mL Miam!'~ Calln1y. Florica
STATE OF FLORIOA
COUNTY OF MIAMI·DADE:
SefQro !ha undersigned aufhotily pel'$(lna/ly appeared
OcrEUM If. FERBEYRE, wIla on oath seys\hat he orsb& Is !he
SuPERVISOR, Legal Moncus of the Miami Dally Business
AENie'lIfllda Mlmli R~Gw. a daily (except SalUfd&y, Sunday anc:r legal Honl1a)l$) newspaper, pub1islled at Miami in Miami-Dada
Counly. FlOOd:!; lhatth& attached copy of advertlsemenl,
baIng II legal Adltartlsement of Nollce III the maltar of
CITY' OF SOUTH MIAMI
PUBLIC H!OA.AING· JUNE 14, 2005
In lJeXXXX Court,.
was published In said newspaper!n the Issuos of
0&'0112(105
Amant funller s3Vlllhat lila said Miami DaHy Business
Relliew Is a newspaper published at Miami In said Miaml·Dade
County, Florida and that tm. $3ld n&WSpaperhas
h9re!oforebeen <:(lI'lNnuously publ1sMO in said Miami-DadeCoWlty,
Flon"da, e;M:h day (e>;o..pt Sa!ul';!ay, Sunday and Legaf Holidays)
1100 has been enlerod as second class mall malter atille post
ofrll;8in MIami in sald Mjaml-Dade COunty, Florida, for a
tlMod of one ~ar next precoding the Rml pubileauon olllll'l
attached c:opy of ad .... ortfseme.nt; and affiant further lla\,slhat he or
shE! has Il6ith(!f paid nor ptOmlslId any porson, firm or (;(I'Jloralfon
MJ dl$OOI.In!:, rcbata, commIssion Of raltJl'ld forlha pufPoS'e
~mecu. tllis a""el1lseml!ntf~rca!ion in Ihasaid
" p.
~
Sworn to SlId subscribed before me this
01 (lay 01 JUNi: ,A.D. 2005
(?.L/d~~ /' ,.
(SEAL)
QCTELMA V. FER6EYl'1E perS!,lna!iy imoWll 10 ma
.,? .... f~ Ctu,<jiHMmnmr
• ~ • MyCcrnm'~~SSiI \~ •. :J ~JII!Y1B.200a
Sunday's Am section higl.llights local entertaiment for you.
Theatel~ movies, art and music are reviewed weekJy.
Prico:$7.99 I'aperbsc!<
Bool!slore Dept.llubbard Dlanellcs Genter
120 GlraldaAv6, Coral GabJell, FJ 33134 .
305-445"7812
On 1lresday, June 14 2005, beginning at 7:30 p.rn" In the City Commisskm
Chambers, 6130 SUnset Drive, the qily C.omm(ssion w!!f hold Public
~oearin$S to consider the following Items:
p.I\1·OimINANGE "ELATED TO THE PLANNING-SOARD DV AMENDlNG SECTJ(lN 20-
6.1 (B) "lib) OF THE SOUTH MIAM) LA .. DEIlELoPM,NT eoDE IN ORDER TO PROVIDE IlR STAG~EREI) J!PPOINTt'{IENT TERMS FOR PLAruNRm BOARD MEMSERS.
.....
DEVELOPMENT AGREEMENT
BETWEEN
11111111111111111 1111111111111111111111111111 CFN 2DDBRD104490
OR Sk 26203 P9S 13BO .. lHtU (22ps~
RECORDED 02!Q7!20()§ 10~53'06
HARVEY RUVm, CLERK OF COURT
MIAli! -{)A[)E GDUHT'f, FLORU<A
THE CITY OF SOUTH MIAMI, FLORIDA
AND SOUTH MIAMI CORPORATION
THIS DEVELOPMENT AGREEMENT ("Agreement") is made as of
Ma12BR---:==> 2996 June 14, 2005 by and between THE CITY OF
SOUTH MIAMI, FLORIDA a municipal corporation ("City") and
SOUTH MIAMI CORPORATION ("Company") or its assignee.
RECITALS
WHEREAS, the Florida Local Government Development
Agreement Act, set forth in sections 163.3220 -163.3243,
Florida Statutes, set forth in Exhibit "A" (the "Act")
provides for the execution of development agreements for a
term not to exceed ten (10) years 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; and
WHEREAS, the city commission of the City of South
Miami has adopted Ordinance No. 05-05~1827 which implements
the Act and permits the consideration and the adoption of
this agreement; and
WHEREAS, the Company owns approximately 4.5+/-acres,
zoned HD-OV, described in Exhibi t "~," (the "Property");
and
WHEREAS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components described in Exhibit "C," (the "Project") in the
Hometown District Overlay Zone within the City of South
Miami.
Page 1 of 17
"".
NOW, THEREFORE, in consideration of the above recitals
and the following covenants, terms and conditions the
receipt and sufficiency of which are expressly
acknowledged, the city and Company tovenant and agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A". This property is deemed to be one
unified parcel and is subject to the unity of title
pursuant to the requirements of sections 20.7.30 and 20-
5.14 of the City Land Development Code {the "LDC") attached
hereto as Exhibit "0".
3. Effective Da~e; Duration of Agreement. This
agreement shall become effective after it has been recorded
in the public records of Miami-Dade County and thirty (30)
days after it is received by the Florida Department of
Community Affairs (the "Effective Date"). This agreement
shall terminate ten years from the effective date of this
agreement, unless otherwise extended or terminated as
provided for herein or in the act. The maximum period of
this agreement shall be ten (10) years from the effective
date unless extended by mutual consent of all legal and
equitable owners of the Property and the city upon approval
at a public hearing, as provided in the act.
4. Use of Property. The property described in Exhibit
"All is to be utilized for the project described in Exhibit
"C": a mixed use residential, office and retail project
with a residential use not to exceed 108 dwelling units on
Page 2 of P
approximately 4.5 +/-acres. The project will include
"chamfered" corners where it abuts roadway intersections
pursuant to Exhibit "CN. The occupied space of the project
will not exceed four stories or fifty six (56) feet in
height unless otherwise permitted by the South Miami
comprehensive plan or its land development regulations. The
total of occupied space of the project shall not exceed
four stories. Non-occupied space shall not exceed a maximum
height of fifty six feet. The project shall be built in two
phases as follows:
• Phase I shall consist of Blocks "A" and ~,\'B"
described in Exhibit "C".
• Phase II shall consis,t of Block ~ "C" described
in Exhibi t "C".,
• The Company may elect to implement the
development plan in one phase.
• The Company may elect to utilize Block "C" as a
temporary bank facility with drive-through lanes
(not to exceed four lanes) which facility shall
be removed upon the issuance of the Certificate
of Occupancy for the Bank facility on Block "Au.
The overall development of the property shall be
conducted in accordance with the approved site plan on file
at the City, (attached and incorporated as Exhibit "S")
including elevations, architectural features and estimated
commercial square footage pursuant to Section 20.3-7, of
the LDC.
S. Public Facilities Servinq the Projeot. In order to
enhance public facilities in the City of South Miami, the
Page 3 of 17
Company agrees to provide the services listed below in
compliance with Section 20-4.1 of the LDC, including:
(a) Roadways
An operational traffic study was conducted by
the city and the Company agrees to the
recommendations of city staff as set forth in
their staff report which recommendations are
incorporated herein by reference.
(b) Parks and Recreation
Based on the projected residential. population
on the Property, Company agrees t@ ~a, iSE 8£
I311§@vi<€1e • 9 aClFCs e€ lans a€esp1§ft'Sle ttT 'Ehe
@-ii§¥ .f@~ a --~,t}]glie },!lark. I-i'l ~,e--~l~-e~Ra15Li:"[;"e,
the 98i¥1¥any may ,lfsviae a '\soost!d:1lE!te paymeA~1I
Bas sa en t:file at)::eFa~e sales !9ft@e SF
!i!csie1en=Eial fJl§8F'Srt'j i:F1 Ehe SiEJ 8u8[i§ l5ma la--a-:g.
~-=-r-ise Ggmpa~ '.$ pajmen=E shall Be :@lasca :if):
a apesiai ftU1S? Ee~ 8:t3eaeiA§ 8Ft @a:pit:al
imp~en emCMS 'Be ~ap][ anal re~Ilfea13ielt iaeilie:i:ea
iR ebe E5i1§ji. The Payment: shall l!le masa fuFt GftS
~~ a~m es SF Be~e~e a Certifisate ®f Bae ana
@EH';:!et~ansy is '3l!ant:eei feE i§ae fi¥SE Ilf8aieiential
ufti1s eon the PESElEFt); to donate $232,000 in
one lump sum as its responsibility for meeting
park and recreation concurrency. Payment shall
be made on or before receipt of the first
building permit and shall include any interest
or carrying cost incurred by the City until
receipt of the payment . "
(c) Sanitary Sewers
Water and Sewer services that comply with all
requirements of Miami-Dade County fbr any
building prior to issuance of a final
Certificate of Use and Occupancy.
Page 4 of 17
(d) Solid Waste
Solid Waste services that comply with all
requirements of Miami-Dade County
building prior to issuance of
Certificate of Use and Occupancy.
(e) Schools
for any
a final
The Company comrni ts to pay upon the issuance
of the initial certificate of occupancy any
required Miami-Dade County School Board school
impact fees.
6·. Concurrency. The City of South Miami has determined
that the Company's performance under the Development
Agreement satisfies the concurrency requirements, as
delineated in Section 20-4.1, City Code. By execution of
this Agreement, the City acknowledges that the application
for site plan approval meets all concurrency regulations
enumerated in Section 20-4.1 of the City Code, and that the
site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development
Regulations.
7. Permits. The permits preliminarilY identified as
necessary for development of the project are described as
follows:
(a) Special Exception to permit four drive-
through teller lanes within the site.
(b) Special EXception to provide 72.2% +/-lot
coverage.
(c) Special
restaurants
Use
with
permit to
a maximum
permit
total
to four
13,820+/-
square feet with parking to be Supplied from any
Page 5 of 17
"
"
excess parking within the site, Retail and
restaurant parking shall be marked and signed.
8. Development Conditions. The following conditions
shall apply to the development of the project:
(a) The Company shall meet all applicable
building codes, land development regulations,
ordinances and other laws.
(b) The Company shall adhere to the requirements
of all permits for the project.
(c) The Company shall develop the project in
conformance with the parameters set forth in this
agreement.
(d) All development shall be in accord with the
site plan submitted with the special exception
and special use applications, said site plan
incorporated in Exhibit "C".
(e) The company shall provide the Department of
Planning with a temporary parking plan, including
an operational plan, which addresses construction
employee parking during the construction period,
said plan shall include an enforcement plan and
shall be subject to the review and approval by
the planning director prior to the issuance of
any building permits and shall be enforced during
construction activity.
f) All conditions imposed by the City Commission
shall be incorporated in this Development
Agreement.
g) Company shall reimburse the City its lost
parking revenue from any metered parking spaces
Page 6 of 17
.... -
...
adjacent to the Property which it occupies or
uses during the construction period.
h) The Company shall donate to a city trust fund
$40,000.00 to be used by the city for traffic
calming or other traffic mitigation programs
within the City of South Miami. This money shall
be donated to the City , prior to the issuance of
its first building permit.
9. Consistency with City of South Miami Comprehensive
Plan and Land Development Regulations. The city has adopted
a Comprehensive Plan and Land Development Regulations in
accordance with Chapter 163, Part II, Florida Statutes. The
city finds that the project is consistent with the city's
comprehensive plan and the city's land development
regulations. The project, a mixed use residential, office
and retail development, as set forth herein, is consistent
with the "Mixed-Use Commercial/Residential (Four Story)"
designation on the future land use map, and the HD-OV
zoning district on the Official Zoning Atlas of the City of
South Miami. Goal 2 of the Future Land Use Element
identifies the defines the horne town district which
consists of the "Hometown District Overlay Zone," as
defined in Article VII, sections 20-7.1 through 20~-7.52 of
the city's land development regulations.
10. Vesting. As long as the development on the
Property is in compliance with this Development Agreement,
and all applicable laws, ordinances, codes and policies in
existence at the time of the execution of the Development
Agreement as well as other requirements imposed by the City
Commission upon the ratification of the site plan approval
Page 7 of 17
>1. •
on the Property, the Property shall not be the subject of a
down zoning 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 site plan. Any failure by this
Agreement to address a particular permit, condition, term
or restriction shall not relieve the Company of the
necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
11. Permits, Conditions, Terms and Restrictions not
Addressed. The failure of this. agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with the law governing said permitting
requirements, conditions, terms, or restrictions.
12. Duration of Permits. The Company acknowledges that
this agreement does not extend the duration of any permits
or approvals.
13. Law Governi.ng Development of the Property. The
ordinances, policies and procedures of the City of South
Miami concerning development of the property that are in
existence as of the execution of this agreement shall
govern the development of the property for the duration of
the term of this agreement No subsequently adopted
ordinances, policies, or procedures shall apply to the
property except in accordance with the provisions of
section 163.3233 (2 h Florida Statutes, and Ordinance No.
05-05-1827, as attached.
Page 8 0:1; 17
14. Termination. This agreement may be terminated by
mutual written consent of the city and Company, subject to
the terms and conditions herein. Either party may terminate
this Agreement if the other party commits or allows to be
committed any material breach of this Development
Agreement. A "material breach" of this Agreement shall
include, but not be limited to, a failure of either party
to perform any material duty or obligation on its part for
any thirty (30) consecutive day period. Neither party may
terminate this Agreement on grounds of material breach of
this Agreement unless it has provided writte'n notice to
the other party of its intention to declare a breach and to
terminate this Agreement (the "Notice to Terminate") and
the breaching party thereafter fails to cure or take steps
to substantially cure the breach within sixty (60) days
following the receipt of such Notice to Terminate, with the
exception of monetary breaches which shall be cured within
thirty (30) after receipt of notice.
15. Assignment. This Development Agreement may not be
assigned by the Company except to an affiliated entity,
without the prior written consent of the City. Subject to
the preceding sentence this Development Agreement shall be
binding upon the successors, assigns, and representatives
of the parties hereto. An affiliated entity is an entity of
which South Miami Corporation or a majority of its
shareholders, directly or indirectly owns at least 51% of
the beneficial interest.
16. Work Force. The Company agrees to use its best
efforts to enhance job opportunities for local citizens in
connection with the project. To that end and in order to
Page 9 of 17
,~ -
maximize job opportunities for applicants from South Miami,
the Company shall send notice to the Community
Redevelopment Agency Director of the City of South Miami,
or a substitute designee by the City Manager, regarding
employment opportunities related to any (1) construction
work on the Property, (2) temporary or permanent
maintenance work on the Property, or (3) proposals for
leasing of retail space or employment opportunities
associat·ed with retail space located on the Property.
17. Joint Preparation. This agreement has been drafted
with the participation of the city and Company and their
counsel, and shall not be construed against any party on
account of draftsmanship.
18. 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.
19. Captions and Headings. Paragraph headings are for
convenience only and shall not be used to construe or
interpret this agreement.
20. 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.
Page 10 of 17
21. Enforoement. In any litigation arising out of this
agreement, the prevailing party shall be entitled to
recover its costs and attorneys fees. Attorney's fees
payable under this paragraph shall not exceed 25% of the
amount of damages awarded to the prevailing party and no
party shall be entitled to pre-judgment interest. In any
injunctive or other action not seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but shall be reasonable and shall not exceed an
hourly rate of $300.00 per hour.
22. Inspaotlon. 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 Company therefore
understands and agrees that any official inspector of the
City of South Miami, or its agents duly authorized, have
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
wi th applicable laws including but not limited to building
and zoning regulations and the conditions herein.
23. Authorization to Withhold Parmits and Inspections.
In the event the Company is 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 any inspections or grant any
approvals, with regard to that portion of the Property
Page 11 of 17
-: -
.,
until such time this Development Agreement is complied
with.
24. Representations of the Company. The Company
represents to the City as follows!
(a) The execution, delivery and performance of
this Agreement and all other instruments and
agreements executed in connection with this
Agreement have been properly authorized by the
Company and do not require further approval by
Company.
(b)
and
This Agreement has been
constitutes Company's
properly executed,
legal, valid and
binding obligations, enforceable against company
in accordance with its terms.
(c) There are no actions, suits
pending or threatened against
or. proceedings
or affecting
Company before any court or governmental agency
that would in any material way affect Company's
ability to perform this Agreement.
(d) Company 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) Company has the financial capacity to payor
advance to the City all fees and payments as
required under this Agreement.
Page 12 of 17
",
25. Severability. In the event that any of the
covenants, agreements', terms, or provisions contained in
this agreement shall be invalid, illegal, or unenforceable
in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be
in no way affected, prejudiced, or disturbed thereby.
26. Waivers. No failure or delay by Company or the
City to insist upon the strict performance of any covenant,
agreement, term or condition of this Agreement, or to
exercise any right or remedy consequent upon the breach
thereof, shall constitute a waiver of any such breach or
any subsequent breach of such covenant, agreement, term or
condition. No covenant, agreement, term, or 'condition of
this Agreement and no breach thereof shall be waived,
altered or modified except by written instrument. No waiver
of any breach shall affect or alter this Agreement, but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
respect to any other then existing or subsequent breach
thereof.
27., Annual Report and Review. It shall be the
responsibility of the Company to submit an annual report to
the City sufficient to fulfill the requirements as stated
in the provisions of Section 163.3235, Florida Statutes,
and Ordinance No. 05-05-2005. This agreement shall be
reviewed annually on the anniversary of the effective date
of this agreement. The Company, 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
Page 13 of 17
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 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.
28. Notices. Any notices or reports required by this
agreement shall be sent to the following:
For the City:
Copy to:
For the Company:
Copy. to:
City Manager
City of South Miami
6130 Sunset Dtive
South Miami, Florida 33143
Planning Director
Planning and Community
Development Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
South Miami Corporation
Attn: Donald F. Hunter,
Vice President
And Wade R. Wacho1z, counsel
5750 Sunset Drive
South Miami, Florida 33143
Wade R. Wacholz, Esq.
Gislason & Hunter, LLP.
P.O. Box 5297
Hopkins, Minnesota 55243-2297
W. Tucker Gibbs, Esq.
215 Grand Avenue
Coconut Grove, Florida
Page 14 of 17
33133
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of the act, applicable
city ordinances and Florida law.
31. Entire agreement. This agreement represents the
entire agreement and no prior or present agreements or
representations shall be binding upon either the city or
Company, unless specifically incorporated herein by
reference, whether such prior present agreements have been
made orally or in writing. Each party affirmatively
represents that no promises have been made to that. pa:r:ty
that are not contained in this Ag:r:eement, 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 o:r: uses of trade and may
only be amended or modified by a written instrument duly
executed by office:r:s of both parties.
32. 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.
33. Periods of Time. Whenever any determination is to
be made or action is to be taken on a date specified in
Page 15 of 17
this Agreement, if such date shall fallon 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.
34. 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.
35. Reoordation. Within 20 days after the Development
Agreement has been signed by both the Company 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.
36. Abandonment of Riqht-of-Way. The City agrees to
abandon the right-of-way adjacent to the property to the
buildable line. The Company shall contemporaneously grant
to the City an easement from the right-of-way adjacent to
the property to the buildable line for all future needs of
the City. To ensure that the proposed structure does not
interfere with the City's future needs, any permanent
structure extending out over the City's easement shall
provide the City with clearance as provided in the Hometown
Overlay District in the Land Development Code (IO-feet
minimum) .
Page 16 of 17
~ASSED AND' DULY ADOPTED by the ~ c~mmission of the
City of South Miami, Florida, this~t4day ~fV~ ~~~
i~T: APPROVED: ~~, ~ 1v-!-~~.LJi-.J..-L---
HA{Z.! As ~, Yv1~n ij)~e0 e =fe.ll C{
D AS TO FORM:
-.
Y ,
t: V€.-4iy'ExJCltS,'~"""r
AGREED TO this ;1. day of lla""h J. ne, 200,i; -:r
STATE OF FtORIJlA.:1 /..<.1 AlO< S )
)
COUNTY OF -M-Rl<M-I-BAd,E QOO)<-)
The foregoing instrument was acknowledged before me this
&<0 day of Pte. ",> ..... '<>V<.. , 200~;'by 'vi. R,oCkWii'1.1.. INII?i3 who is
personally known to me or who produced '~ as identification, on behalf
of the corporation.
My commission expires:
L")'--i~)
Page 17 of 17
Exhibit "A"
Exhibit "8"
Exhibit "e"
Exhibit "D"
EXHIBITS
Florida Local Government
Development Agreement Act
Legal Description
Site Plan Concept
Unity of Title
Florida Local Government Development Agreement Act
163.3220 Short title; legislative intent.--
(I) Sections 163.3220-163.3243 may be cited as the "Florida Local Government
Development Agreement Act."
(2) The Legislature finds and declares that:
(a) The lack of certainty in the approval of development can result in a waste of
economic and land resources. discourage sound capital improvement. plarming and
tinancing. escalate the cost of housing and development. and discourage commitment to
comprehensive plarming.
(b) Assurance to a developer that upon receipt of his or her development permit or
brownfield designation he or she may proceed in accordance with existing laws and
policies. subject to the conditions of a development agreement. strengthens the publ ic
plarming process. encourages sound capital improvement planning and financing. assists
In assuring there are adequate capital facilities for the development. encourages private
participation in comprehensive piarming, and reduces the economic costs of development.
(3) In conformity with. in furtherance of. and to implement the Local Government
Comprehensive Plarming and Land Development Regulation Act and the Florida State
Comprehensive Plarming Act of 1972. it is the intent of the Legislature to encourage a
stronger commitment to comprehensive and capitai facilities planning. ensure the
provision of adequate public facilities for development. encourage the efficient use of
resources. and reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to enter into development
agreements with developers. subject to the procedures and requirements ofss. 163.3220-
163.3243.
(5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the
powers conferred upon local governments by other laws and shall not be regarded as in
derogation of any powers now existing.
History.--•. 19. ch. 86-191: s. 902.c~. 95-147: s. 8. ch. 99-378.
163.3221 Florida Local Government Development Agreement Act; definitions.--As
used in S5. 163.3220-163.3243:
I
(I) "Brownfield designation" means a resolution adopted by a local government pursuant
to the Brownfields Redevelopment Act. ss. 376.77-376.85.
(2) "Comprehensive plan" means a plan adopted pursuant to the "Local Government
Comprehensive Planning and Land Development Regulation Act."
(3) "Developer" means any person. including a governmental agency. undertaking any
development.
(4) "Development" means the carrying out of any building activity or mining operation.
the making of any material change in the use or appearance of any structure or land. or
the dividing ofland into three or more parcels.
(a) The foIJowing activities or uses shall be taken for the purposes of this act to involve
"development":
I. A reconstruction. alteration of the size. or material change in the external appearance
of a structure on I and.
2. A change in the intensity of use ofland, such as an increase in _the number of dwelling
UI;lits in a structure or on land or a material increase in the number of businesses.
-Jl'l!i!lufacturing establishments. offices. or dwelling units in a structure or on land .
. , ~.""
-"3. Alteration of a shore Of bank of a seacoast. river. stream. lake. pond. or canal.
including any "coastal construction" as defined in s. 161.021.
"4-. "Commencement of drilling. eXcept to obtain soil samples. mining. or excavation on a
parcel ofland. "
5. Demolition of a structure.
6. Clearing of land as an adjunct of construction.
7. Deposit of refuse. solid or liquid waste. or fill on a parcel of land.
(b) The following operations or uses shall not be taken for the purpose of this act to
involve "development":
I. Work by a highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within the
boundaries of the right-of-way.
2. Work by any utility and other persons engaged in the distribution or transmission of
gas or water. for the purpose of inspecting, repairing. renewing, or constructing on
established rights-of-way any sewers. mains. pipes, cables. utility tunnels. power lines.
towers. poles. tracks. or the like.
2
3. Work for the maintenance. renewal. improvement. or alteration of any structure. if the
work affects only the interior or the color ofthe structure or the decoration of the exterior
of the structure.
4. The use of any structure or land devoted to dwelling uses for any purpose customarily
incidental to enjoyment of the dwelling.
S. The use of any land for the purpose of growing plants. crops, trees. and other
agricultural or forestry products: raising livestock: or for other agriCUltural purposes.
6. A change in use of land or structure from a use within a class specified in an ordinance
or rule to another use in the same class.
7. A change in the ownership or form of ownership of any parcel or structure.
8. The creation or termination of rights of access. riparian rights. easements. covenants
concerning development of land. or other rights in land.
(c) "Development." as designated in an ordinance, rule. or development permit includes
all .other development customarily associated with it unless otherwise specified. When
appropriate to the context. "development" refers to the act of developing or to the result
of development. Reference to any specific operation is not intended to mean that the
operation or activity. when part of other operations or activities. is not development .
. Reterence to particular operations is not intended to liniit the generality of this
subsection.
(S) "Development permit" includes any building permit. zoning permit subdivision
approval. rezoning. certification. special exception, variance. or any other official action
of local government having the effect of permitting the development of land.
(6) "Governing body" means the board of county commissioners of a county. the
commission or council of an incorporated municipality, or any other chief governing
body of a unit of local government, however designated.
(7) "Land" means the earth. water. and air, above. below. or on the surface. and includes
any improvements or structures customarily regarded as land.
(8) "Land development regulations" means ordinances enacted by governing bodies for
the regulation of any aspect of development and includes any local government zoning.
rezoning. subdivision. building construction. or sign regulations or any other regulations
controlling the development ofland.
(9) "Laws" means all ordinances. resolutions, regulations. comprehensive plans. land
development regulations. and rules adopted by a local government affecting the
development ofland.
3
(10) "Local government" means any county or municipality or any special district or
local governmental entity established pursuant to law which exercises regulatory
authority over. and grants development permits for. land development.
(II) "Local planning agency" means the agency designated to prepare a comprehensive
plan or plan amendment pursuant to the "Florida Local Government Comprehensive
Planning and Land Development Regulation Act."
( 12) ;'Person" means any individual. corporation. busines~ or land trust. estate. trust.
partnership, association. two or more persons having a joint or common interest. state
agency. or any legal entity.
( 13) "Public facilities" means major capital improvements. including, but not limited to.
transportation. sanitary sewer. solid waste. drainage. potable water. educational. parks
and recreational. and health systems and facilities.
( 14) "State land planning agency" means the Department of Community Affairs.
History.··s. 20. ch. 86·191: 5.4. ch. 92·129: s. 9. ch. 99·378.
163.3223 Applicability.--AnY local goyernment may. by ordinance. establish procedures
and requirements. as provided in ss. 163,,3220·163.3243. to consider and enter into a
development agreement with any person having a legal or equitable interest in real
property located within its j1lrisdi<;tioI:!. . .
History.-s. 21. ch. 86·191.
163.3225 Public hearings •••
( I) Before entering into. !unending, or revoking a development agreement. a local
government shall conduct at least two public hearings. At the option of the governing
body. one of the public hearings may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall be advertised
approximately 7 days before each public hearing in a newspaper of general circulation
and readership in the county where the local government is located. Notice of intent to
consider a development agreement shall also be mailed to all affected property owners
before the first public hearing. The day, time. and place at which the second public
hearing will be held shall be announced at the first public hearing.
(b) The notice shall specify the location of the land subject to the development
agreement. the development uses proposed on the property. the proposed population
densities. and the proposed building intensities and height and shall specify a place where
a copy of the proposed agreement can be obtained.
History.-s. 22. ch. 86·191.
4,
163.3227 Requirements ofa development agreement.--
( I) A development agreement shall include the following:
(a) A legal description of the land subject to the agreement. and the names of its legal
and equitable owners:
(b) The duration of the agreement:
(c) The development uses permitted on the land. including population densities. and
building intensities and height:
(d) A description of public facilities that will service the development including who
shall provide such facilities; the date any new facilities. if needed. will be constructed:
and a schedule to assure public facilities are available concurrent with the impacts of the
development:
(e) A description of any reservation or dedication of land. for public purposes:
(f) A description of all local development permits approved or needed to be approved for
the development of the land: ..
(g) A finding that the development perillitiedotPrOposed'ig consistent with the local
government's comprehensive plan and land development regulations:
(h) A description of any conditions. telms. restrictions. or other requirements determined
to be necessary by the local government forthe public health. safety. or welfare of its
citizens: and . . .
(i) A statement indicating that the failure of the agreement to address a particular permit.
condition. term. or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements. conditions. term. or
restriction.
(2) A development agreement may provide that the entire development or any phase
thereof be commenced or completed within a specific period of time.
History.--s. 23. ch. 86-191: s. 31. ch. 91-45.
163.3229 Duration of a development agreement and relationship to local
comprehensive plan.--The duration of a development agreement shall not exceed 10
years. It may be extended by mutual consent ofthe governing body and the developer.
subject to a public bearing in accordance with s. 163.3225. No development agreement
shall be effective or be implemented by a local government unless the local government's
comprehensive plan and plan amendments implementing or related to the agreement are
5
found in compliance by the state land planning agency in accordance with s. 163.3184. s.
163.3187.ors.163.3189.
History.-s. 24. eh. 86-191: s. 32. eh. 91-45: s. II. eh. 92-129.
163.3231 Consistency with the comprehensive plan and land development
regulations.--A development agreement and authorized development shall be consistent
with the local government's comprehensive plan and land development regulations.
History.--s. 25. eh. 86-191.
163.3233 Local laws and policies governing a development agreement.--
( I) The local government's laws and policies governing the development of the land at
the time of the execution of the development agreement shall govern the development of
the land for the duration of the development agreement.
(2) A local government may apply subsequently adopted laws and policies to a
development that is subject to a development agreement only if the local government has
held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development.
agreement and do not prevent development of the land uses, intensities, or densities in the
development agreement: . . . '.~.
(b) They are essential to the public health. safety. orwelfare. anI:! expressly state that
they shall apply to a development that is subject to a development agreement: .
(c) They are specifically anticipated and provided for in the development agreement:
(d) The local government demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of the development agreement: or
(e) The development agreement is based on substantially inaccurate information supplied
by the developer. .
(3) This section does not abrogate any rights that may vest pursuant to common law.
History.-s. 26. eh. 86·191.
163.3235 Periodic review of a development agreement.--A local government shall
review land subject to a development agreement at least once every 12 months to
determine if there has been demonstrated good faith compliance with the terms of the
development agreement For each annual review conducted during years 6 through 10 of
a development agreement. the review shall be incorporated into a written report which
shall be submitted to the parties to the agreement and the state land planning agency. The
state land planning agency shall adopt rules regarding the contents of the report. provided
6
that the report shall be limited to the information sufficient to determine the extent to
which the parties are proceeding in good faith to comply with the terms of the
. development agreement. If the local government finds, on the basis of substantial
competent evidence. that there has been a failure to comply with the terms of the
development agreement, the agreement may be revoked or modified by the local
government.
History.-s. 27. ch. 86-191: s. 12. ch.92-129.
163.3237 Amendment or cancellation of a development agreement.--A development
agreement may be amended or canceled by mutual consent of the parties to the agreement
or by their successors in interest.
History.-s. 28. ch. 86-191.
163.3239 Recording and effectiveness of a development agreement.--Within 14 days
after a local government enters into a development agreement. the local government shall
record the agreement with the clerk of the circuit court in the county where the local
government is located. A copy ofthe recorded development agreement shall be submitted
to the state land planning agency within 14 days after the agreement is recorded. A
development agreement shall not be effective until it is properly recorded in the public
reC9rds of the county and until 30 days after having been received by the state land
.pI~l1l1ing~gency pursuant to thissecticin. The burdens of the. development agreement ..... .
shall be binding upon. and the benefits of the agreement shall inure to_ all successors ill
interest to the parties to the agreement. .
..•.. , .H.istory;~s: 19. ch. 86-191;5.13: ch. 92-129.
163.3241 Modification or revocation of a development agreement.to-comply with-
subsequently enacted state and federallaw.--If state or federal laws are enacted after
the execution of a development agreement which are applicable to and preclude the
parties' compliance with the terms of a development agreement. such agreement shall be
modified or revoked as is necessary to comply with the relevant state or federal laws.
History.--5. 30. ch. 86-191.
163.3243 Enforcement.--Any party. any aggrieved or adversely affected person as
defined in s. 163.3215(2). or the state land planning agency may file an action for
injunctive relief in the circuit court where the local government is located to enforce the
terms of a development agreement or to challenge compliance of the agreement with the
provisions ofss. 163.3220-163.3243.
History.--s. 31. ch. 86·191.
7
..... ,,~.""
EXHIBIT" B "
LEGAL DESCRIPTION
Lots 6, 7, 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.A. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami-Dade County,
Florida.
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Unity of i'itJ.e
The undersigned is the owner of that property (the
"Property") described as;
Lots 6, 7, 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.A. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami-Dade County,
Florida; and
The undersigned recognizes and acknowledges that for the
public health, welfare, safety or morals, and subject to the
conditions set forth herein, the Property should not be
divided into separate parcels owned by several owners so
long as the same is put to the hereinafter use; and
Pursuant to sections 20.7.30 and 20-5.14, of the City Land
Development Code (the "LDC") a unity of title is required
if the permitted density of a development project is. based
upon the averaging of two (2) or lliorep'lafted lots either
abutting or located on the opposite sidesofa public
right-of-way or alley. In consideration·· of the mutual
.agreements and covenants contained in the attached
Development Agreement between the City of South Miami and
the South Miami Corporation (the "Development Agreement");
and
For other good and valuable consideration, the undersigned
hereby agrees to restrict the use of the Property in the
following manner:
1. That said Property shall be considered as one plot
and parcel of land and that no portion of said plot
and parcel of land shall be sold, transferred,
divided or assigned separately, except in its
entirety as one plot or parcel of land. However this
shall not prohibit the sale of portions of the
Property as· condominium units or the sale. of portions
consistent with the Development Agreement and
approved site plan.
2. That this condition(s), restriction (s)and
limitation (s) shall be deemed a covenant running
with the land,. shall be recorded in the public
Page 1 of 2
records of Miami Dade County, and shall remain in
full force and effect and be binding upon the
undersigned, their heirs and assigned until such time
as the same may be released in writing by the
Director of Planning; provided, however, that this
Unity of Title may be released by the Director of
Planning after approval of a site plan which meets
all applicable City regulations.
Signed, sealed, executed and acknowledged on this ___ day of
February 2005, at Miami, Florida
SOUTH MIAMI CORPORATION
Witnesses:
Vice President
Print Name
Print Name ________________ ___
WITNESSES
Page 2 of 2
ORDINANCE NO. 28-12-2144
An Ordinance amending the development agreement originally adopted by
Ordinance No. 05-05-1827 and amended by Ordinance No. 18-05-1840
concerning the project known as "Project Snnset" and located generally at
5750 Sunset Drive, for the purpose of clarifYing the effective date of the
agreement and term of agreement.
WHEREAS, the City Commission at its March 1, 2005 special meeting approved special
exceptions to permit "Project Sunset", a unified mixed use development consisting of residential,
office and retail uses generally located at 5750 Sunset Drive and legally described as Lots 6 thru
9, 40 thru 45, 53 thru 66 and the east 50 feet of Lots 51 and 52 of W.A. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami-
Dade County; and
WHEREAS, the City Commission at its March 15,2005 meeting adopted Ordinance No.
05-05-1827 approving a Development Agreement between the City and the developer, the South
Miami Corporation for Project Sunset; and
WHEREAS, Section 4 of the Development Agreement entitled "Use of Property" sets
forth a phasing schedule for the development of the project; and
WHEREAS, the Administration negotiated an amended phasing schedule intended to
reduce the impact of the development program on traffic and parking in the area; and
WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities
Serving the Project" provides a formula for determining the amount and timing of a park and
open space concurrency payment to be made by the developer to the City; and
WHEREAS, the Administration negotiated a specific amount and revised timing of the
park and open space concurrency payment to be made by the developer to the City; and
WHEREAS, the Planning Board at a special meeting its May 1 0, 2005 meeting after a
public hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the
amendment to the Development Agreement; and
WHEREAS, the City Commission at its June 14,2005 meeting adopted Ordinance No.
18-05-1840 approving the amendment to the Development Agreement between the City and the
developer, South Miami Corporation, for Project Sunset; and
WHEREAS, the City Commission has concerns as to the effective date of the
Development Agreement and the term of the Agreement.
Page 1 of2
Ord. No. 28-12-2144
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 .The Development Agreement between the City and the South Miami
Corporation for Project Sunset, originally adopted by Ordinance No. 05-05-1827 on March 15,
2005 and later amended on June 14,2005 by the City Commission, is hereby further amended as
set forth in the attached Amended Development Agreement.
Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance shall become effective upon enacted.
PASSED AND ENACTED this 4'h day of December, 2012.
ATTEST:
1 st Reading: 11120/12
2nd Reading: 12/4/12
READ AND
LANGU~"L1L
E.:xpe;G1lf
APPROVED:
!ZtJf/tf~
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
5-0
Yea
Yea
Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
Page 2 of2
TO;
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Hon. Mayor, Vice Mayor
and Commissioners
Date: October 11, 2012·
FROM: Thomas F. Pepe, City Attorney'
RE: Agenda Item # _ = g
Subj<;ct: South Miami Corporation
An Ordinance amending the Development Agreement originally adopted by
Ordinance No. 05-05-1827 and amended by Ordinance 18-05-1840
concerning the project known as "Project Snnset" and located generally at
5750 Snnset Drive, for the purpose of clarifying the effective date of the
agreement and term of the agreement.
Applicable statutory authority:
163.3225 Public hearings.-
(I) Before entering into, amending, or revoking a development agreement, a local
government shall conduct at least two public hearings. At the option of the governing body, one
of the public hearings may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall te advertised
approximately 7 days before each public hearing in a newspaper of general c' culation and
readership in the county where the local government is located. Notice of inten to consider a
development agreement shall also be mailed to all affected property owners before the fIrst
public hearing. The day, time, and place at which the second public hearing will be held shall be
announced at the fIrst public hearing.
(b) The notice shall specify the location of the land subject to the development
agreement, the development uses proposed on the property, the proposed popUlation densities,
and the proposed building intensities and height and shall specify a place where a copy of the
proposed agreement can be obtained.
History.-s. 22, ch. 86-191.
163.3235 Periodic review of a development agreement.-A local government shall
review land subject to a development agreement at least once every 12 months to determine if
there has been demonstrated good faith compliance with the terms of the development
agreement. If the local government fInds, on the basis of substantial competent evidence, that
there has been a failure to comply with the terms of the development agreement, the
agreement may be revoked or modified by the local goverrnnent.
History.-s. 27, ch. 86-191; s.12, ch. 92-129; s. 25, ch. 2011-139.
163.3237 Amendment or cancellation of a development agreement.-. A
development agreement may be amended or canceled by mutual consent of the parties. to
the agreement or by their successors in interest.
History.-s. 28, ch. 86-191.
Attachments: Attachment A -Proposed Ordinance with amended Development Agreement
ATTACHMENT A
AMENDED DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND SOUTH MIAMI CORPORATION
THIS AMENDED DEVELOPMENT AGREEMENT ("Agreement"~ is
made as of on the __ day of , 2012 by and between the CITY OF
SOUTH MIAMI, FLORIDA a municipal corporation ("City") and SOUTH
MIAMI CORPORATION ("Company") or its assignee.
RECITALS
WHEREAS, the City commission of the City of South Miami adopted
Ordinance No. 05-05-1827 which implemented the Florida Local Government
Development Agreement Act(''the Act") and permits the consideration and the
adoption of this ~eement; and
WHEREAS, the Company owns approximately 4.5+/· acres, zoned HD·
OV, described in Exhibit "B," (the "Property"); and
WHEREAS, the Company desire to construct a mixed use development
encompassing retail, office and residential components described in Exhibit "C,"
(the "Project") in the Hometown District Overlay Zone within the City of South
Miami.
WHEREAS, the City has concerns regarding the original Development
Agreement that was dated March 15, 2005, fully executed on April 6, 2005 but
which was never recorded; and
WHEREAS, the City and the Company amended the March 15, 2005
Development Agreement and this revist:d Devdupmt:nt Agreement was dated
June 14, 2005 and which was eventually recorded as required by statute; however,
the "amended" development agreement was recorded as the original development
agreement and it was not titled as an amended development agreement; and
WHEREAS, the City has concerns regarding the signing and recording of
the June 14, 2005 Development Agreement; and
WHEREAS, the Company and the City desire to settle the concerns ofthe
City by entering into this Amended Development Agreement; and
WHEREAS, the Florida Local Government Development Agreement Act,
sections 163.3220 -163.3243, Florida Statutes, the "Act"), in effect on the date of
the City passed and adopted a resolution agreeing on the terms of the original
Development Agreement, provided for the execution of development agreements
for a term not to exceed ten (10) years 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 above recitals and the
following covenants, terms and conditions the receipt and sufficiency of which are
expressly acknowledged, the City and Company covenant and agree as follows:
1. Incorporation of Recitals. The recitals set forth above are
true and correct and are incorporated herein by this reference.
2. Property. The Company owns the property as described in
Exhibit "A". This property is deemed to be one unified parcel and is subject to the
unity of title pursuant to the requirements of sections 20-7.30 and 20-5.14 of the
City Land Development Code (the "LDC') attached hereto as Exhibit "0".
3. . Effective Date; Duration of Agreement. This Agreement
shall be effective as of June 14,2005 (the "Effective Date"), the date that the City
passed and adopted a resolution agreeing to the terms and conditions of the first
Amended Development Agreement. This Agreement, as currently amended, shall
terminate ten years from the Effective Date of this Agreement, unless otherwise
extended or terminated as provided for herein Or in the act. The maximum period
of this agreement shall be ten (10) years from the Effective Date unless extended
by mutual consent of all legal and equitable owners of the Property and the city
upon approval at a public hearing, as provided in the Act.
4. Use of Property. The property described in Exhibit "A" is to
be utilized for the project described in Exhibit "e": a mixed use residential, office
and retail project with a residential use not to exceed I 08 dwelling units on
approximately 4.5 +/-acres. The project will include "chamfered" comers where
it abuts roadway intersections pursuant to Exhibit "C". The occupied space of the
project will not exceed four stories or fifty six (56) feet in height unless otherwise
permitted by the South Miami comprehensive plan or its land development
regulations. The total of occupied space of the project shall not exceed four
stories. Non-occupied space shall not exceed a maximum height of fifty six feet.
The project shall be built in two phases as follows:
• Phase I shall consist of Blocks "Au and "B" described in
Exhibit "C".
• Phase II shall consist of Block "e" described in Exhibit
"C".
The Company may elect to implement the development plan
in one phase .
.! The Company may elect to utilize Block "C" as a temporary
bank facility with drive-through lanes (not to exceed four lanes) which facility
shall be removed upon the issuance of the Certificate of Occupancy for the Bank
facility on Block "A".
The overall development of the property shall be conducted in accordance
with the approved site plan on file at the City, (attached and incorporated as
Exhibit "B ") including elevations, architectural features and estimated commercial
square footage pursuant to Section 20.3-7, of the LDC.
5. Public Facilities Serving the Project. In order to enhance
public facilities in the City of South Miami, the Company agrees to provide the
services listed below in compliance with Section 20-4.1 of the LDC, including;
(a) Roadways
An operational traffic study was conducted by the city and the Company
agrees to the recommendations of city staff as set forth in their staff report which
recommendations are incorporated herein by reference.
(b) Parks and Recreation
Based on the projected residential popUlation on the Property, Company
agrees to donate $232,000 in one lump sum as its responsibility for meeting park
and recrell;tion concurrency. Payment shall be made on or before receipt of the
first building pennit and shall include any interest or carrying cost incurred by the
City until receipt of the payment.
(c) Sanitary Sewers
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.
(d) Solid Waste
Solid Waste services that comply with all requirements of Miami-Dade
County for any brdlding prior to issuance of a final Certificate of Use and
Occupancy.
(e) Schools
The Company commits to pay upon the issuance of the initial certificate of
occupancy any reqrdred Miami-Dade County School Board school impact fees.
6. Concurrency. The City of South Miami has determined that
the Company's performance under the Agreement satisfies the concurrency
requirements, as delineated in Section 20-4.1, City Code. By execution of this
Agreement, the City aclmowledges that the application for site plan approval
meets all concurrency regulations enumerated in Section 20-4.1 of the City Code,
and that the site plan application and this Agreement are consistent with the City
Comprehensive Plan and Land Development Regulations.
7. Permits. The permits preliminarily identified as necessary for
development of the project are described as follows:
(a) Special Excepti()n to permit four drive-through teller lanes within
the site.
(b) Special Exception to provide 72.2% +/-lot coverage.
(c) Special Use permit· to permit up to four restaurants with a
maximum total of 13,820+/-square feet with parking to be supplied from any
excess parking within the site. Retail and restaurant parking shall be marked and
signed.
8. Development Conditions. The following conditions shall
apply to the development of the project:
(a) The Company shall meet all applicable building codes, land
development regulations, ordinances and other laws.
(b) The Company shall adhere to the requirements of all permits for
the project.
(c) The Company shall develop the project in conformance with the
parameters set forth in this agreement.
(d) All development shall be in accord with tt'1e site plan submitted
with the special exception and special use applications, said site plan incorporated
in Exhibit "C".
( e) The Company shall provide the Department of Planning with a
temporary. parking plan, including an operational plan, which addresses
construction employee parking during the construction period, said plan shall
include an enforcement plan and shall be subject to the review and approval by
the planning director prior to the issuance of any building pennits and shall be
enforced during construction activity.
( f) All conditions imposed by the City Commission shan be
incorporated in this Development Agreement.
(g) Company shall reimburse the City its lost parking revenue from
any metered parking spaces adjacent to the Property which it occupies or uses
during the construction period.
(h) The Company shall donate to a city trust fund $40,000.00 to be
used by the city for traffic calming or other traffic mitigation programs within the
City of South Miami. This money shall be donated to the City, prior to the
issuance ofits first building permit.
9. Consistency with City of South Miami Comprehensive
Plan and Land Development Regulations. The city has adopted a
Comprehensive Plan and Land Development Regulations in accordance with
Chapter 163, Part II, Florida Statutes. The city finds that the project is consistent
with the city's comprehensive plan and the city's land development regulations.
The project, a mixed use residential, office and retail development, as set forth
herein, is consistent with the "Mixed-Use CommerciallResidentiai (Four Story)"
designation on the future land use map, and the HD-OV zoning district on the
Official Zoning Atlas of the City of South Miami: Goal 2 of the Future Land Use
Element identifies the home town district which consists of the "Hometown
District Overlay Zone," as defined in Article VII, sections 20-7.1 through 20-7.52
of the city's land development regulations.
10. 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 on June 14, 2005 as well as other
requirements imposed by the City Commission upon the ratification of the site
plan approval on the Property, the Property shall not be the subject of a down
zoning 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 site plan. Any failure by this Agreement to address a particular permit,
condition, term or restriction shall not relieve the Company of the necessity of
complying with the law governing said permitting requirements, conditions, terms
or restrictions.
11. Permits, Conditions,. Terms and Restrictions not
Addressed. The failure of this agreement to address a particular permit,
. condition, term or restriction shall not relieve the Company or the city of the
necessity of complying with the law governing said permitting requirements,
conditions, terms, or restrictions.
12. Duration of Permits. The Company acknowledges that this
agreement does not extend the duration of any permits or approvals.
13. Law Governing Development of the Property. The
ordinances, policies and procedures of the City of South Miami concerning
development of the property that are in existence as of the Effective Date of this
agreement shall govern the development of the property for the duration of the
term of this agreement. No subsequently adopted ordinances, policies, or
procedures shall apply to the property except in accordance with the provisions of
section 163.3233 (2), Florida Statutes, and Ordinance No. 05-05-1827, as
attached.
14. Termination. This agreement may be tenninated by mutual
written consent of the city and Company, subject to the tenns and conditions
herein. Either party may tenninate this Agreement if the other party commits or
allows to be committed any material breach of this Agreement. A "material
breach" of this Agreement shall include, but not be limited to, a failure of either·
party to perfonn any material duty or obligation on its part for any thirty (30)
consecutive day period. Neither party may tenninate this Agreement on grounds
of material breach of this Agreement unless it has provided written notice to the
other party of its intention to declare a breach and to terminate this Agreement
(the "Notice to Terminate") and the breaching party thereafter fails to cure or take
steps to substantially cure the breach within sixty (60) days following the receipt
of such Notice to Tenninate, wit.h the exception of monetary breaches which shall
be cured within thirty (30) days after receipt of notice.
15. Assignment. This Agreement may not be assigned by the
Company except to an affiliated entity, without the prior written consent of the
City. Subject to the preceding sentence this Agreement shall be binding upon the
successors, assigns, and representatives of the parties hereto. An affiliated entity
is an entity of which South Miami Corporation or a majority of its shareholders,
directly or indirectly owns at least 51 % of the beneficial interest.
16. Work Force. The Company agrees to use its best efforts to
enhance job opportunities for local citizens in connection with the project. To
tlmt end and in order to maximize job opportunities for applicants from South
Miami, the Company shall send notice to the Community Redevelopment Agency
Director of the City of South Miami, or a substitute designee by the City
Manager, regarding employment opportunities related to any (1) construction
work on the Property, (2) temporary or pennanent maintenance work on the
Property, or (3) proposals for leasing of retail space or employment opportunities
associated with retail space located on the Property.
17. Joint Preparation. This Agreement has been drafted with the
participation of the city and Company and their counsel, and shall not be
construed against any party on account of draftsmanship.
18. Binding Affect. 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.
19. Captions and Headings. Paragraph headings are for
convenience only and shall not be used to construe or interpret this Agreement.
20. 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.
21. Enforcement. In any litigation arising out of this agreement,
the prevailing party shall be entitled to recover its costs and attorney's fees.
Attorney's fees payable under this parag~aph shall not exceed 25% of the amount
of damages awarded to the prevailing party and no party shall be entitled to pre-
judgment interest. In any injunctive or other action not seeking damages under
this paragraph, legal fees may be awarded in the discretion of the court, but shall
be reasonable and shall n()t exceed an hourly rate of $300.00 per hour.
22. Inspection. Nothing in this Agreement shall be construed to
waive or limit the City'S governmental authority as a mWlicipal corporation and
political subdivision of the State of Florida. The Company therefore understands
and. agrees that any official inspector of the City of South Miami, or its agents
duly authorized, have the right to enter, inspect and investigate all activities on the
premises to determine whether the Property complies with applicable laws
including but not limited to building and zoning regulations and the conditions
herein.
23. Authorization to Withhold Permits and Inspections. In the
event the Company is obligated to make payments or improvements under the
terms of this 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 any inspections or grant any approvals, with regard to that
portion of the Property until such time this Development Agreement is complied
with.
24. Representations of the Company. The Company represents
to the City as follows:
(a) The execution, delivery and performance of this Agreement and all
other instruments and agreements executed in connection with this Agreement
have been properly authorized by the Company and do not require further
approval by Company.
(b) This Agreement has been properly executed, and constitutes
Company's legal, valid and binding obligations, enforceable against Company in
accordance with its terms.
(c) There are no actions, suits or proceedings pending or threatened
against or affecting Company before any court or governmental "agency that
would in any material way affect Company's ability to perform this Agreement.
(d) Company 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) Company has the financial capacity to payor advance to the City
all fees and payments as required under this Agreement.
25. Severability. In the event that any of the covenants,
agreements, terms, or provisions contained in this agreement shall be invalid,
illegal, or unenforceable in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be in no way affected,
prejudiced, or disturbed thereby.
26. Waivers. No failure or delay by Company or the City to insist
upon the strict performance of any covenant, agreement, term or condition of this
Agreement, or to exercise any right or remedy consequent upon the breach
thereof, shall constitute a waiver of arty such breach or any subsequent breach of
such covenant, agreement, term or condition. No covenant, agreement, term, or
condition of this Agreement and no breach thereof shall be waived, altered or
modified except by written instrument. No waiver of any breach shall 'affect or
alter this Agreement, but each and every covenant, agreement, tenn and condition,
of this Agreement shall continue in full force and effect with respect to any other
then existing or subsequent breach thereof.
27. Annual Report and Review. It shall be the responsibility of
the Company to submit an annual report to the City sufficient to fulfill the
requirements as stated in the provisions of Section 163.3235, Florida Statutes, and
Ordinance No. 05-05-2005. This agreement shall be reviewed annually on the
anniversary of the Effective Date of this Agreement. The Company, or its assign,
shall submit an annual report at least 30 days prior to the annual review date
following the first annual report submitted in 2012 which shall be filed 30 days
following the execution of this Amended Development Agreement("All annual
, reports shall contain a section-by-section listing of what obligations have been
met and the date fmalized, as good faith compliance with the tenns 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 tenns of the Agreement,
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
tenninated.
28. Notices. Any notices or reports required by this Agreement
,shall be sent to the following:
For the City:
Copy to:
City Manager
City of South Miami 6130 Sunset
Drive '
South Miami, Florida 33143
Planning Director
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
u.x~~ p~VU>ub ('1
.5 fL,b \'v0tt;;)
For the Company:
Copy to:
South Miami Corporation
Attn: Bruce W. MacArthur,
Chainnan of the Board
5750 Sunset Drive
South Miami, Florida 33143
Aod
Nadine Heidrich
Chief Financial Officer
Wirtz Corporation
680 N. Lake Shore Drive
Suite 1900
Chicago, Illinois 60611
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price &
AxelrodLLP
1450 Brickell Ave., Suite 2300
Miami, Florida 33131-3456
29. Exhibits. All exhibits attached hereto contain additional terms of this .
Agreement and are incorporated herein by reference.
30. Amendment. This Agreement may be amended by mutual written
consent of the city and Company so long as the amendment meets the requirements of the
act, applicable city ordinances and Florida law.
31. Entire agreement. This Agreement represents the entire agreement
and no prior or present agreements or representations shall be binding upon either the city
or Company, unless specifically incorporated herein by reference, whether such prior
present' agreements have been made orally or in writing. 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.
32. 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.
33. Periods of Time. Whenever any determination is to be made or
action is to be taken on a date specified in this Agreement, if such date shall fallon 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.
34. 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.
35. Recordation. Within 20 days after the Amended Development
Agreement has been signed by both the Company and the City, the City shall cause a
copy of the Amended Development Agreement to be recorded at the City's expense in the
registry of deeds in Miami-Dade County.
36. Abandonment of Right-of-Way. The City agrees to abandon the
right-of-way adjacent to the property to the buildable line. The Company shall
contemporaneously grant to the City an easement from the right-of-way adjacent to the
property to the buildable line for all future needs of the City. To ensure that the proposed
structure does not interfere with the City's future needs, any permanent structure
extending out over the City's easement shall provide the City with clearance as provided
in the Hometown Overlay District in the Land DevelopmentCode (lO-feet minimum).
PASSED AND DULY ADOPTED by the City Commission of the City of South
Miami, Florida, this __ day of---, 2012.
ATTEST: APPROVED:
CITY CLERK.
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY, AND EXECUTION
THEREOF:
CITY MANAGER
CITY ATTORNEY
AGREED TO this __ day of ____ " 2012.
Witnesses: SOUTH MIAMI CORPORATION
Print Name W. Rockwell Wirtz, President
. Print Name
STATE OF ILLINOIS )
) SS:
COUNTY OF COOK. ___ _ )
The foregoing instrument was acknowledged before me this day of
___ -::--,,----" 2012, by . He/She is personally known to
me or produced as identification.
Sign Name:
Print Name:
My Commission Expires: NOTARY PUBLIC
Serial No. (none, ifhlank): ______ _
[NOTARIAL SEAL]
MIAMI DAILY BUSINESS REVIEW
PubUshed Daily excepl Saturday, Sunday and
legal Holidays
Miami, Mlaml.Oaaa County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Befora the undersigned authority personally appeared
O.V. FEABEYRE, who on oath says that he or sha Is the
VICE PRESIDENT. Legal Notices 01 the Miami Dally Business
Reyiew f/kla Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING· NOVEMBER 7, 2012
In the XXXX Court,
was published in said newspaper in the Issues of
10/26/2012
Affiant further says Ihat the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miam'i~Dade County,
Rorida, each day (except Saturday, Sunday and legal. Holidays)
and has been entered as second class mail matter at the post
office.in Miami in said Mfami~Dade County. Florida, for a
period of ona year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount. rebate. commlsslOIl or refund for the purpose
of securin~. ~ertlsem or publication in the said
newspapW.
Sworn to and subscribed before me this
26 day of OCTOBER ,A.D. 2012
(SEAL) ..
O.V. FERBEYRE personally known to me
f'. ~~~VYVVYYVV~~
.'."·~f~ p\-,\-:. Notary Publk: Stale 01 Florida
• • Cheryl H Manner
')" h." _0# My Commission EE 189528
, T~ Expl~!>07'18/2016
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
legal Holidays
Miami. MIami-Dade County. Rorida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
O.V.,Fli:RBEYRE, who on oath says that he or she Is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review 11k/a Miami Review. a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami-Dade
County, Florida; that.1he attached copy of advertisement,
being a legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING· NOVEMBER 7,2012
in the XXXX Court,
was published'in said newspaper in the iss~es of
10/26/2012
Affiant further says that the said Miami Daily Business
Review Is a newspaper pubJfshed at Miami In said Miami-Dade
County. Florida and that the said newspaper has .
heretofore been continuously published in said Miami-Oade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail. matter at the post
Office In Miami in said Miami-Dade County, Florida, for a
period of one year next· preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertise or publication in the said n.wspap~
Sworn to and subscribed before me this
26 day of OCTOBER ,A.D. 2012
(SEAL)
O.V. FERBEYRE personally known to me
J .
-H...,.tI1"t\ Notary Public Siale of Florida 't! . Cheryl fj Marmer
" ". 3 "'ly C.omm!ssion EE 169526 .. oJ; f\ofF Expire$ 07/1812016
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and-
Legal Holidays
Miami, Miaml·Dada County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FEABEYRE. who on oath says that he or she Is the
VICE PRESIDENT. Legal Notices of the Miami Daily Business
Review Uk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 11/20/2012
in the XXXX Court,
was published in said newspaper in the issues of
11/09/2012
Affiant further says that the said Miami Dally Bu~iness
Review is a newspaper published at Miami In said Miami-Dade
County, Florida and that Ihe said newspaper has
heretofore been continuously published in said Mlamf~Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami·Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin I adverti t for publication in the said
Sworn to and subscribed before me this
09 day of NOVEMBER ,A.D. 2012
(SEAL)
O.V. FERBEYRE personally known to me
Notary PubUc State of Florida:
Cheryl H Marmer
My Commission EE 181}528
ExpIres 07118/2018
'-··V_V''''''
34SE I SUNDAY, NOVEMBER 11, 2012 SE MlamiHeraJd.com I THE MIAMI HERALD
CORAL GABLES
Voters repeal 52-year-old law
• VOTE, FROM 3SE referendum.
~~~~~~~~~~~~~~~~~~~~~ Some, like Anderson and commission." Victoriano, expressed dis·
The city had quit eruore-appoi.ntment at the time
ing the pickup ordinance with thai: decision. They felt
during and after Kuvin's thecomnllssiollshouldhave
Tlte BEST SERIIJGE AND INSTALLATIGN
INMIAMI ~DADEVDVNTY
Hi·Tech Air Service
ASKFoa NAtlCV; 111m OnJOHN
-CACO~~30
Fln~ncln.Q AVailable
Suit,DutAnderson.inherfi· voted the matter up or
nal term after a decade ,?D down.
the commission, proposed' Former mayor Don Sles--
that the Coxal Gables Plan· nick.astaunchproponentof
ning and Zoning Depart-keeping lIle ordinance. also
:ment review the ordinance. had uzged comnUssionersto
The Planrung and Zoning maintain status quo.
Doard re.coIIimended that Cason celebrated that sO
therulebemodifiedandthe many voters. opted to be
discussion traveled to the heard oljl the issue, given
commission. The panel. in that the Item wall last on a
June, at the urgingofMayor five-page, tw()-sided ballot
Jim CRson. opted to put the laden with state constitu·
I ~~~~~~~~~~~~~;,;~~~~t!lg[i~s:su:e~b~e~':o:'":':v~o~t:e,~s~in:':a~ tional amendments. along i with the presidentialnce,
"This is )Vhat democracy
is all about, the. voters mak·
ing their voices heard and
Coral Gables voters clearly
spoke Jast night," be said
Weonesday, "Those resj·
dents who have, or wish to
have, pickup trucks, may
DCJYf do so legally.'"
Anderson responded on
election night when it be-
came increasmgly clear that
support for modifyitlg the
ordinance had achieved ac-
celeratioD as more poll
numbers trickled inlate into
theevenmg.
"'I'm glad folks in Coral
Gables thought it was time
to update this archaic law."
shesald.
Cason said TUesday's
change doesn't alter Coral
Gables' basic values.
"Whether YOl1 supported
Or opposed the change. Cor-
al Gables is stilJ the City
Beautlfuland will alwaysre-
main so," Cason said.
Victoriano doesn't'own a
pickup truck -herson doe,
-but on Thursday after·
noon she was enjoying the
CITY OF SOUTH MIAMI
COURTESY NOTICE
ilm~" Public Open House Meeting
NOTICE IS HEREBY given that the City CommlssfQn of the City of Soulh Miami,
Aorida will conduct Public Hearlng{s) at its regular City Commission meeting
schedl.{led for luflSdaY November 20 2012. beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An OrdInance amending Section 20·S.6(U), of the CHy of Sotrlh MIami's Land
Development Code, Outdoor lightIng spillage; creating additional·mlnlmum
S1~ndards for outdoor lighting In residentIal dIstricts. ).
U
An Ordinance amending the development agreement originally adopted
by Ordinance No. 05-05.1827 and amended by OrdInance No. 1a·05·1840
concerning the project known as ~Project Sunset" and localed generally
at 5750 Sunset Drive, for the-purpose of clilrlfylng the effective data of the
greement and term of agreement ,
An Ordinance amending ArtIcle III, Section 12·56 titled ~Admlnlstrative
procedures~ of the City's Coda of Ordinances to provide (lI1 administrative
procedure for Ihe payment of the special and general counsel of Ihe Health
Facilities Authority.
ALL interested portia(!-are invJted to aUend and will be heard.
For further Information, please contact the City Clerk's Olfice al: 305-663·6340.
Maria M. Menendez. CMC
City Clerk
Dall~$-Haie!io~' .
.Environmental ReSouito'Prbjllct Supeli'!sc4'
Pailis; R6creatiojJ·ilfl'd Open 'SpilceS Departnlililt
. 3D5-151·09:llx·23T
To, ryq4¢';I..(na'~rl~1 iri !UJ aqces~!bfg, ~S$' for, PtlJ:S.ti:n);:Witt\ djsabHlUe.!>, ·or ,;;~;"i;;';;;;;t;r~;,~
(7 (la~lrrBdvanCeJ:caB 30S:S65-670&, .
·i:!uhHc p'articlpa~ptr is soIjcil~if wi\houl':regard "0 late, 1»!0{;'
refigiOfr •. s.ex,.39.a. na.~q1a! origin, ~is.a.bmty ~r~mily status •. PU!$uant II) Florida SlalUles 2eD.Ol05, tho City herehy adllrse~ t~e public that 11 a person de~ldesll) appeal
any decision m~de by this Board, Agency or Commission with reSpBC\ to any mDlIBI' consldared allis me~lIn~
Of nearlng. he or she will need a lecord of I~e proceedings. and (baIlor such purpose. alle<:red p~rson may
n\!'\!d to cn,u,," thllt a y~rb~llm recor(/ 01 the pr(lC5edings!~ made which record InCludn the testimony and
!lYidenCt! upon which Iha ~pp""" Is to be based. For regal ads onHn~. go II) ht1p:ml!galads.miamidad'e-gov
Pub. date: Sunday. November II
victory.
"It felt good driving
through the Gables. I srol1ed
when I saw a pickup :md
knowing we had 11 big part
on this," she said, adding
that there is onemorechap-
tet in this long story. '
"We"repJanning a tailgate
Darty within thenext couple
of weeks."
Follow @HowardCohen
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MIAMI DAILY BUSINESS REVIEW
PUbt/fihed Daily except Saturday, SUndayand
Legal Holidays
Miami, Miaml·Dada Oounty. Aorida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersIgned autnOljty ,parsomdty appeared
O.V. FERBEYRE. who on oa~ 'sl~wnh~t ha 01' she 18 the
VICE PRESIDENT, legal No~c"4'OI tha Miami Dally Business
Reviewt/1ifa Mi&ml Review, ~·q~ly. (exc;epl Saturday, Sunday
and Leg~ Holidavs) nawsparie:r, ·p'~bU.~lJ~ at Miamf In Miami-Oade
County, Fforlda; lhatthe attached ®.py·'of advertisement,
balog a Legal Advertisement of Notice In Ihe matte!' of
..• ,: .:. ;1 "": .::' .. '1'.:,
CITY .oF saUTH MIAMi' " .' <-
CITY C'ol,'lMISSIOl'l M.E,ETI!'/Gl faR 1214/)(012 '
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Affiant fuJ'!f:i~r' ~ays t~~tJfi.~;~iaJdJMI.afof()!illY. BuSiness .,.~ .,' .. '~'.,:
Review Is:a,t;l8~p$ipl'!rrp-ubUshed, at,Miaml:ln'said Mlaml"Da'd~ '"
County, f:iQr{da·aod;.lhaHhe.:sald neWspapet.has' ~,./.r;,,: ",;,,' .~, t', •
heretofors.been,oorrl!nuously· flOJjllsh~dilfi ~Iif' N1iamt"l?a~e'·C9~.hIY,
Florida. each day (except Saturday, Sunday and L~gai ftoI!Ctay-s)
and has b~n ~n~~r~~ ~.~!3.~or.~ .. SI~~.m~t~ttlil! ~.~ ttJ~e9.~· ';.~,
offloe m Miami tn'~8.ld Mlaml~blida COunty, Rorida. for a
perJoctof onewear next.preceding the first pubtl.ci1UQn of tOe. ,.' . ,:'
aflachGd cOpy ofaClverusement; and' affiant'further says that He or·
she has neither paid nor promlsoo any person, 'finn or cOlporation
any discount, rebate, coml's'slon 'or: refurt(l·fot the purpose
of secunn s adve for publication in the sald
newsp,8p.,.. . :, • "I~~ : i
23 day of NOVEMBER ,A.D. 2012
(SEAL)
O,V. FEABEYRE personally known to me
NOtary PubllcState. of Florida
Cheryl H Marmer
My Comm!~lon E€ 189528
ExpJl'Ils 0711cn016
public
Board. Agen~ or Commisslon
Its meetlng or healing, he or she W;;1;,~:n~ .::~:~~~~; 'and Ihat for such purpose, Ie'
verbatim record of
11/23.
THE MlAMI HERALD ! Mla11iHerald.com
MIAMI
Santa to make a visit at mall
with special-needs children I
Miami International Mall
will hold a holiday event
geared toward families with
special-needs children.
The Caring Santa ev~t
takes place from 9:30 to
10:30 a.m. Dec. 2 and allows
families with children w~o
have special needs take a
photo with Santa while in a
subdued environment.
Caring Santa has been de-
veloped by Simon Property
Group and is guided by
AbilityPath.org, a national
online resource hub and
special-needs community.
The events typically re-
duce sensory triggers, such
as turning off in-mall music,
stopping escalators located
near the Santa set, dimming
the lights and shutting down I
fountains during the dura-
tion of the evenL
Caring Santa events also
eliminate lines through the
use of a nmnberlog system
and include activities and
stories while children wait.
Participants ate encour-
aged to RSVP by going to
V/WW,AbilityPath.ozg.
NEIGHBORS CALENDAR
=.=--=.-=~~ ..... ===.-=~
-CALENDAR, FROM Z6SE
make the city magical by hostirlg:an
ann~1 furtdra.lslng gala. lhis en-
chanting evening will pay special
tributE 10 the arts and those who
contribute their cre<llive, artistic
genui; to our city .•
B p.m. NC'.'. 30. New World Syrn-
phorlY, 541 lincoln Rd., Miami Beach.
wwwJlmlamLorg/.
Fifth Anllual SUperfest· Presente:l
by FOJ( Sperts Aerlda/sunsperts;
SOUTH FLORIDA AFTER-SCHOOL
ALL-STARS SElS THE STAGE FOR
ONE OF SOUTH I'lORlDA'S LARGEST
KIDS' HOLIDAY PLAYGROUNDS
Miami October31. 2DlZ. The SOuth
Florida Aft~r School All-Stars Is
pr~paling tor its fifth anntJat Suo
p~rfest slated for December 1, 20t!
from S a.
9 a.m. Dec. I. flU Modesto A.
Maidklue C~mDus.11200 S.W. 8th
Street. Urrive(Sity Park Free! Doni;-
tion acceoi:ed. 305-576-4026.
s/asas.org.
listeners/Oyentes Program: Non-
iudgmental Er1glish· or Spanish'
speaking ad;J11s who rela~ well wilh
kids needed as sounding boards t,
make a difference in lhe life of a
child; a Miami-Dade County Public
School program.
9 a.m. Nov. 25. UstenersJOyentes,
l~SO NE Second Ave. Media and
Entertainment Oislrid
305-935-0045.
www.listenersprogram.org.
Rotary Club Miami-Granada Meet·
ings at BiB five Club: Come join~.
for an evening of fellowship. net-
working, and community service.
WeekiI' speakers & social fundrais n9
e'lents. The only Spani~h Speaking
Rotary Club f1 tht! U.S_
7:45 p.m. Nov.2B. Big Five Club..
500 SW 92nd Ave~. $IS Dinner .
optional.
www.ro\aryclubmiamigranada.crs-
Rotary Club of Miami LUlKheon
Meeling: Find out how you can
make a dirference in our commufllty,
have lun with others and how tak:og
a brwk from work on Thursdays can
be very fe'ltarding.
You can see a Ust of upcoming
speake!>, evenls ancl projects at our
website -www ..
1Z:1S p.m. Nov, 29. Hard Rock Cafe
Miami. 401 Biscayne Blvd .• OOWfl-
town Miami. $25. 3OS·443·578'.
wWl//.miamirotary.org.
The Education Fund's 2012 Celebrity
Teach-A·lhon Fundraiser: PaCl Town
will host The EdW:ation Fund's 2012
Celebrity Teacn-A-Thoo Fundraiser at
6 p.m. on WedMsday, Nov. 2a. Pao
Town aJ1d its OW\1er Abe Ng, a
Teach·A·Thon volunteer. haw gener-
ously offered 10 dO!1ate 15% percent
of all sales from 6 -9 P~
6 p.m. Nov. 28. Pao Town, 2524
Ponce de Leon, Coral Gables. No cost
to participate. :SOS-8~2-509S ext 14.
www.edutationfimd.org.
CIVIC/GOVERNMENT
Allapattah Neighborhood Associa·
tion Muting: Group provides an
opportunity lot the residents of
AJiapattah to strengthen the com-
munity by sharing Ideas and dis-
cussing the issues facing the neigh-
borhood. Meetings are held
monthly.
6:30 p.m. Nov. 28. VUlage of
AUapa\tah YMCA Family Brand1,
2370 NW 17th Ave., Allapat\ah.
allapattah.wordpt2Ss.mm/.
CLUBS
Ay Sexy Fridays: Swaggafield En!. &
Killg of PromotioflS Presents: Fly
SelIy Fridays@SkYlineMlami·8ar&
lounge! Flr5t flight November 30th!
ladles fly free untill2! Flight Tickets:
$20 the most se:<iesl exclusive !light
yOU WIU ever take.
10 p.m. Nov.30. Skvijne Miami-
Bar & lQunge. 645 Washington
AWlue, Miami Beach. $20. Ladies
flee untilll. 786-5~17·3933.
www.skylinemia.com.
Goldcoast Cherus: Do you love to
sing' Goldcoast Chorus is seeking:
adult wom~1l singers. We are an
ac~pena women's chcmJs singing in
4-part harmony. No experience is
necassar'/. just an abilily to carry a
tune arld a Jove of singing.
7:30 p.m. Nov.27. Dice House.
10000 SoN 82nd Ave., Kend~". Dl)I;ls.
305-974-6334.
MonthlyGame Day: New Neighbors
Club of South O<!de invites game
~i~~~~~ ~fj~~~~:~~~~~ame i
day. Bring any game you choose (i.e. I
Scrabble, Rummy Cube, canasla. I
e~ p.m. Nov. 28. Miami Elks Club I
#948, 10301 SW 72 ST, Sunset Free-I
Attendees pal' for their lunch.
30S-Z79-$1S7.
Old Cutler Repubfican Womerts
Club: Join us for great speakers and
to discllSS current events and topics.
RSVP: Joanne Connolly at
idconn®hotmaif.com or
305-253-4938.
6.:30 p.m. Nov. 27. Red Lobster,
8705 SW 136th St., 305-299-8840.
www.republicansready.org.
Take Off Pounds SensiblY (T.ooP.S.):
A weigh! loss program ~
9:30 a.m. Nov.29. Killian Pines
United Methodist Church, 10755 ~
112tl1 St, Kendall. 55 per month $28
per year. 305-59IH397.
COMMUNITY
4th ClIakra: This conc:ert has influ-
ences from North Indian Ragas &
Talas, Classical Western themes, a
little roc\( fusion. etht!reaI sounds
and some Americana in an eclectic
blend.
Featuri[l9: Vicki Richards· violin.
Jeff Deen -tabla. Mitch Kopp -guitar
Each muSician is a lead.er, corn-
po~er. and improviser in hislher own
righl.
2 p.m. Nov. 25. Arts at SLJOh11's,
4760 Pine Tree Or. Miami Beach. $20
at door. $15 Seniers or online. $5 at
door for students with I.D.s.
786-309-1275_
www.artsatstjohns.com.
AGUAVWA by Cecilia SalKhez
Vegas: AGUAVIVA by Artist Cecilia
Sancl1ez Vegas presented at the
Caridi GaileI)'.
AGUAVIVA explores the Water
hexagonal molectJle in all its SOlen-
_TURN TO CALENDAR, ZasE
SE SUNDAY, NOVEMBER 2S, 2012 I 27SE
MOTORS
US-1 & South 160-180 Street in Miami southmotors.com _.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission at the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday December 4 2012. beginning at 7:30 p_m., in the City
Commission Chambers, 6130 Sunset Drive, to ~onSider the· following item
D
:
An Ordinance amending the development agreement originally adopted by
Ordinance No. 05~05·1827 and amended by Ordinance No. 18·05·1840
concerning the project known as "Project Sunset" and located generally at
5750 Sunset Drive, for the purpose of clarifying the effectiVe date of the
agreement and term of agreement.
An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category from
TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue
(Larkin Community Hospital) • Folio #09-4025-027-0010.
An Ordinance 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-5~ mixed use 5 to "H" hospital, for property located 70S1 SW
62 Avenue (Larkin Community HospitaO -Folio #09-4025~027-001 O.
A Resolution to consider the adoption of a development agreement proposed
by Metro South Senior Apartments Umited Partnership, pursuant to sec.70.51
and 163.3225, Fla. Stat., for the construction of commercial space and
91 affordable senior apartments at 6101 Sunset Drive, South Miami, Florida,
which will require concessions. including parking and height variances and
which will either be rejected, accepted or accepted with amendments.
A Resolution related to a request for five variances from Section 20-S.5(E)
of the City's Land Development Code. to allow a 37.5 feet of frontage where
60 feet of frontage Is required; to allow the lot area of 3,525 square feet
where 6,000 square feet is required; to allow 12 foot front setback when
25 feet is required; to allow a side street setback of 6.671eet where 15 feet
is required; and 10 allow maximum building coverage of 37% where 30%
is required, to construct a LEED Certified singJe family affordable home
on a nonconionning lot of record In an RS-4 zoning district, located at the
NE corner of SW 62 Ave. and SW 62 Terrace.
AlL interested parties are invited to attend·and will be heard.
For further Inlorrnation, please contact the City Clerk's Office at: 305-663-6340.
Mana M. Menendez, CMC
City Clerk
Pursuant to Fiorida statutes 2B6.()1()$. the City heraby ao'vises the pub~c that if a person decides to
appeal any decis;"n made by this Soard. Agency cr eommls.slon with respet::! to any matter (:<lnsldeTed
at its meetill9 or hearing. he or she wip need a '=COrd cf the p~djngs, and that icr such pUlpose,
aHeotGd person may nGed to GllSure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appealls to be based_
RESOLUTION NO. 31-05-12010
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20-7.51 OF THE
LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT SUNSET" A
UNIFIED DEVELOPMENT PROJECT IN TIlE "SR(HD-OV)" SPECIALITY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT: (1) A SPECIAL
EXCEPTION TO SECTIONS 20-7.7B AND 20-7.9B IN ORDER TO ALLOW A TOTAL LOT
COVERAGE OF 72.29% OR 139,435 SQUARE FEET WHICH EXCEEDS TIlE MAXIMUM 60%
LOT COVERAGE AND 60,000 SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20-
7.9B TO ALLOW FOUR (4) BANK DRIVE-THRU LANES WHICH EXCEED THE MAXIMUM
PERMITTED TWO (2) BANK DRIVE-THRU LANES; ALL FOR PROPERTY GENERALLY
LOCATED AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40
TIIRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING
FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the, South Miami Corporation, has submitted Application No. PB-05-001
requesting approval to construct a unified development in the SR(HD-OV) zoning district. on property
as legally described above, said project includes three mixed use buildings with the following total land
uses: 108 dwelling units; 87,212 square feet of commercial space (retail, offices, bank, restaurants; and
649 parking spaces; and
WHEREAS, the applicant is requesting a special exception to allow an overall lot coverage (three
blocks) of 139,435 square feet which is 72.29% of the total site which exceeds. the Hometown Overlay
District regulating graphic plan (Sec.20-7.9B) which limits lot coverage to 60% and the amount of lot
coverage square footage to 20,000 sq. ft. per building; and
WHEREAS, the applicant is requesting a special exception to allow for four lanes of drive-
through tellers as part of its new bank facility located on the ground floor level in the Block "A"
development which exceeds the Hometown Overlay District regulating graphic plan (Sec.20-7.9B) which
allows for no more than two drive though facilities on downtown side streets; and
, WHEREAS, a special exception request in the Hometown Overlay District requires the Planning
Board's recommendation and approval by the City Commission; and
WHEREAS, after review and consideration, the Planning Deparlment recommended approval
of the application with conditions; and
WHEREAS, on February 22, 2005 the Planning Board after public hearing voted 5 ayes 0
nays to recommend approval with specific conditions; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City has determined that the proposed development project advances the economic
development of the City and is compatible with land use, density, and design criteria established for the
Pg. 2 of Res. No. 31-05-12010
Hometown District, as set forth in LDC Sec.20-7.51, which includes seven criteria necessary for
approving special exceptions:
(1) The proposed development contributes to, promotes and encourages the improvement of the
Hometown District and catalyzes other development as envisioned in the Hometown
District regulations.
(2) ·The proposed development is compatible with the land uses and development intensities
prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the design
criteria established for the Hometown District and with the overall image of the city.
(4) The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development public
facilities and services.
(5) The proposed development does not expand the permitted uses within the Hometown
District.
(6) The proposed development will not have an nofavorable effect on the economy of the City
of South Miami.
(7) The proposed development, when considered cumulatively with other development, both
present and future, within the Hometown District, will not create excessive overcrowding or
concentration of people or population.
Section 2. That the subject application submitted by the South Miami Corporation, requesting a special
exception to allow an overall lot coverage (three blocks) of 139,435 square feet which is 72.29% of the
total site which exceeds the Hometown Overlay District regulating graphic plan (Sec.20-7.9B) which limits
lot coverage to 60% and the amount oflot coverage square footage to 20,000 sq. ft. per building, is hereby
approved subject to conditions set forth in Section 4 below.
Section 3 That the subject application submitted by the South Miami Corporation requesting a special
exception to allow for four lanes of drive-through tellers as part of its new bank facility located on the
gronod floor level in the Block "A" development which exceeds the Hometown Overlay District
regulating graphic plan (Sec.20-7.9B) which allows for no more than two drive though facilities on
downtown side streets, is hereby approved subject to conditions set forth in Section 4 below
Section 4. The special exception application is approved subject to the following conditions:
• The applicant must agree that all street, sidewalk and street furniture iroprovements must be
consistent with the design and material specifications as set forth by the City in its downtown street
iroprovement program.
• The parking lot driveway for Block Con SW 58 Avenue should be eliminated or modified to be limited
to a right tum out and right tum in only.
Pg. 3 of res. No. 31-05-12010
Section 5. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this /4, day of /nWzo-h. 2005.
ATTEST: APPROVED:
READ AND APPROVED AS TO FORM:
Commission Vote:
Mayor Russell:
Vice Mayor Palmer
Commissioner Wiscombe:
Commissioner Birts-Cooper
Commissioner Sherar:
I\MCGRUFFIPLANNINGIComrn IternsI200513-1-05ISpecial Exception 8M Bank Project Resolution.doc
5-0
.Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
FFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
Commission Members'};Z ,
From: Maria Davis ILl. l '\
City Manager
RESOLUTION:
Date: March 1, 2005
ITEM No. $
2001
Re: Special Exception Request
SR(HD-OV) Hometown Overlay
, Project Sunset -5750 Sunset Dr.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20-7.51 OF THE
LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT SUNSET" A
UNIFIED DEVELOPMENT PROJECT IN THE "SR(HD-OV)" SPECIALITY RETAIL
(HOMETOWN DISTRICT OVERLAy) ZONING DlSTRICT TO PERMIT: (1) A SPECIAL
EXCEPTION TO SECTIONS 20-7.7B AND 20-7.9B IN ORDER TO ALLOW A TOTAL LOT
COVERAGE OF 72.29% OR 139,435 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60%
LOT COVERAGE AND 60,000 SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20-
7.9B TO ALLOW FOUR (4) BANK DRIVE-THRU LANES WHICH EXCEED THE MAXIMUM
PERMITTED TWO (2) BANK DRIVE-THRU LANES; ALL FOR PROPERTY GENERALLY
LOCATED AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40
THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING
FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN' CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant, South Miami Corporation, is requesting approval to construct a unified development on
property in the SR(HD-OV) zoning district. The site is a 4.5 acre property as legally described above,
including public land area which will be part of the project.'s arcades. The proposed development covers
parts of three blocks in the City's downtown. The project includes three mixed use buildings with the
following total land uses: J08 dwelling uuits; 87,212 square feet of commercial space (retail, offices, banIe,
restaurants; and 649 parking spaces. The proposed uuified development requires the Planning Board's
recommendation and approval by the City Commission, because the applicant is requesting two special
,exceptions to modifY regulations pertaiuing to lot coverage and number of drive"thru teller lanes. The
applicant in a separate application is also requesting special use approval for four proposed restaurants
which will be part of the development program.
APPLICABLE REGULATIONS
The special exception section in the Hometown Overlay District regulations (Sec.20-7.51) allows for the
City Commission to waive compliance with any of the requirements or standards in the chapter upon a
WC Special Exception
South Miami Corp.
Page 2 of4
finding that the proposed development complies with and implements seven economic and design
objectives of the Hometown Overlay zone, These objectives are spelled out in the "Special Exception"
section, which is attached.
The procedure for approving special exceptions requires a public hearing before the Planning Board and
then a second public hearing before the City Commission. Both newspaper notice and mail notices are
required, This process is spelled out in Sec, 20-7.52, "Procedure for special exception", which is attached.
REQUESTED SPECIAL EXCEPTIONS
Lot Coverage! Maximum Sq.Ft. Per Building The applicant is requesting a waiver to allow an overall lot
coverage (three blocks) of 139,435 square feet which is 72.29% of the total site. The Hometown Overlay
District's regulating graphic plan (Sec.20-7,9B) limits lot coverage to 60% and the amount oflot coverage
square footage to 20,000 sq.ft, per building.
Drive-Through Tellers. The applicant is requesting a special exception to allow for four lanes of drive-
through tellers as part of its new bank facility located on the ground floor level in the Block "A"
development. It appears that vehicles will enter the facility from SW 73 Street and exit on SW 57 Court,
The Hometown Overlay District's regulating graphic plan (Sec.20-7.9B) allows for no more than two
drive though facilities on downtown side streets.
STAFF OBSERVATIONS
• The proposed development incorporating all three major land uses is consistent with the objectives of
the Hometown Overlay District Mixed Use standards specified in LDC Sec.20-7,2(E).
• The proposed development is consistent with the LDC Sec. 20-7 ,2(D) which sets forth the following
standards: height limit of 4 stories, density of24 units per acre and a non-residential floor area ratio of
.45 (maximum FAR permitted is 1.6)
• The special exception for two additional drive-thm tellers is acceptable as it is located entirely
internal within the first floor of Building A; Staff supports the internal vehicle circulation for the
teller function. It is important to note that it is the staffs interpretation that this special exception
request may not be required in that the subject teller lanes are not free-standing uses but are accessory
to the bank function. .
• The special exception for exceeding the 60 % lot coverage limit for the uuified development is a result
of a building design which incorporates the required parking as an internal garage located in the core
center of Blocks A and B. The Zoning Task Force in 2002 recognized this as a future issue and
recommended that the Hometown Overlay District Regulating Plan be revised to add the foIlowing:
"Lot Coverage=80% maximum, ifgarage construction provides all required parking"
The Planning Board during its review of the Task Force's Hometown regulations in November, 2004
endorsed this revision as part of a new chapter on zoning districts.
• The granting of special exceptions require a finding by the City that the below listed seven conditions
are applicable to the project. (Sec.20-7 .51):
(1) The proposed development contributes to, promotes and encourages the improvement of
LDC Special Exception
South Miami Corp.
Page 3 0/4
the Hometown District and catalyzes other development as envisioned in the Hometown
District regulations.
(2) The proposed development is compatible with the land uses and development intensities
prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the design
criteria established for the Hometown District and with the overall image of the city.
(4) The proposed development shall be designed in a manoer that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development on
public facilities and services.
(5) The proposed development does not expand the permitted uses within the Hometown
District.
(6) The proposed development will not have an unfavorable effect on the economy of the City
of South Miami.
(7) The proposed development, when considered cumulatively with other development, both
present and future, within the Hometown District, will not create excessive overcrowding
or concentration of people or population. .
The staff has compared the project to each of the seven criteria listed in the LDC, and has determined that
the proposed development advances the economic development of the City and is compatible with land
use, density, and design criteria established for the Hometown District. Based upon this review the
Planning Department fmds that the proposed development supports the granting of special exceptions.
TRAFFIC ANALYSIS
Staff was concerned about the impact of traffic on the streets which contain exits and entrances to the
development. The Planning Department hired a consultant to prepare a Traffic Impact Study (Feb.,200S)
for consideration prior to approval of the special exception. Attached is a copy of that study carried out by
Cathy Sweetapple and Associates. The report concludes on p.ll that all roadways adjacent to the project
were found to be operating during PM peaks at acceptable levels of service currently and through the
build-out of the project. A second report (February 8, 2005) on specific intersection traffic is also attached
The staff and the consultant agree that the parking lot driveway for Block Can SW 58 Avenue should be
modified in order to avoid a conflict with the garage entrance to Block B, also on SW 58 Avenne. It is
recommended that the driveway be eliminated or modified to be lirriited to a right tum out and right tum
in only.
PLANNING BOARD ACTION
The Planning Board at its February 22, 2005 meeting adopted a motion by a vote of 5 ayes 0
. nays, recommending approval of the special exception application with conditions set forth by
staff. .
LDC Special Exception
South Miami Corp.
Page4of4
RECOMMENDATION
It is recommended that the special exception application be approved with the following conditions:
• The applicant must agree that all street, sidewalk and street furniture improvements must be
consistent with the design and material specifications as set forth by the City in its downtown street
improvement program.
• The parking lot driveway for Block C on SW 58 Avenue should be eliminated or modified to be
limited to a right turn out and right turn in only.
Attachments:
Draft Resolution
Application / Letter of Intent
Location map
Survey/ Plaos
LDC Sec. 20-7.511.52
Traffic Impact Study
Feb. 8, 2005 Memo on Intersections
. Copies of Public Notices
MDIDOD/siloJi.L:
E:\PB\PB Agendas StaffReports\2005 Agendas StaffReports\2-22-o5\PB~05"()Ol SpeciaJ Excep57S0 Sunset .doc
MIAMI DAILY BUSiNESS REVIEW
Publishlld Oaily except Saturday, SlHlo:!e.y and
legal Holidays .
Mlaml. Mlamj·Dade COunt\,. Flortda
STATE OF FLORIDA
COUNTY OF MIAMI~DADE:
Before. the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says 1h8.! he or she Is the
VICE PRESIDENT, Legal Notices of the Miami Dally Business
RevIew ffkfa Miami Review, a dally ,(except Saturday. Sunday
and Legal Holidaya) neWspaper, published at Miami in MiamI-Dade
County, FlorIda; that the attach~ copy of adverllsement,
being a LS§a1 Advertlsernenl of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -MARCH 1,2005
in the XXXX Court.
was published In said newspaper In the issues of
02118/2005
Affiant further says that the said Miami Dally Business
Review Is a newspaper publlshad at Miami in said Mlami·Dade
County. Florida and that the said newspaper has
heretofore been continuously publishBd In said Mlaml·Dade county,
Rorida, each day·(exoepl Saturday, Sunday and legal HolidrJ;ys)
and has baen entered as second class mail metter at the post
office In MIami In said MIami-Dada County, Rorida, for a
period of one year naKl: preceding lhe lImt publioatlon of the
.attached Copy of advertisement; and affiant further says that he or
she has nerthar paid nor promised any parson, firm or oorporallon
any discount, rebate, oomrnlssloD or refund for the purpose
of eec rIng thIs advertisement for publication in fhe said
new r.
Sworn to and subsori.bed before me this
~'~rcd_#-_BR_U_AR~Y=::':.L'_:=:"O~05_=-)
(SEAL)
SOOKle WILLIAMS personally known to me
~ii\ Maria I. Mesa . ,
• ~ • My CommiB81on D0293855
'\!' 0,0 ~ Expires March 041 200B
,.
I
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA,
On Tuesday, March 1, 2005, begil1ning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, the City Commission w!ll hold
Public Hearings to consider the following items:
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO
FLORIDA STATE STATUTE 163.3221 FOR A UNlFIED DEVElOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP
TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 106 MULTI-
FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK
AND A PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750
SUNSET DRIVE AND LEGALLY DESCRIBED AS lOTS 6 THRU g, 40 THAU 45, 53
T+tRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK S AT PAGI:; 19S·0F THE PUBLIC RECORDS OF MIAMI~DADE COUNlY.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20~7.51 OF
THE LAND DEVELOPMENT CODe FOR SPECIAL EXCEPTIONS FOR "PROJECT
SUNSET" A UNIFIED DevELOPMENT PROJECT IN THE "SR(HD~OV)" SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAy') ZONING DISTRICT TO PERMIT: (1) A
SPECIAL EXCEPTION TO .sECTIONS 20~7.7B AND 20~7,9BIN ORDER TO ALLOW A
TOTAl LOT COVERAGE OF 72.29% OR 139,435 SQUARE FEET WHICH EXCEEDS
THE MAXiMUM 60% !.OT COVERAGE AND 60,000 SQUARE FEET; (2) A SPECIAL
EXCEPTION TO SECTION 20~7.9B TO ALLOW FOUR BANK DRiVE-THAU
WHICH EXceED THE MAXIMUM PERMI.TIED TWO BANK DRrvE~TH"R,"U",,""'"
ALL FOR PROPERTY GENERALLY LOCATED AT 5750 SUNSET
LEGALLY DESCRIBED AS LOTS 6 THAU 9, 40 THAU 45, 53 THAU '!~;~I~~~~~)
AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS ~
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE·
OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, .
A RESOLUTION REUo.l1NG TO A REQUEST PURSUANT TO SECTION 20-
3,4(B)(4)(b) OF THe LAND DEVELOPMENT CODE FOR A SPECIAL use APPROVAL
TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET"
. A UNIFIED DEVELOPMENT WITHIN THE "SA (HD..QV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAy) ZONING DISTRICT ALL FOR PROPERTY
LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS
LOTS 6 THRU 9, 40 THRU 45,.53 THRU 66 INCLUSIVE AND THE EAST 60 FEET Of:
LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT
THEREOF AECORDED IN PLAT BOOK :3 AT PAGE 198 OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY.
A RESOLUTION RELATING TO A REQUEST PUASUANTTO seCTION 20-8.9(8) OF
THE LAND DeVELOPMENT CODe FOR A SPECIAL EXCEPTION APPROVAL TO
LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL
OFFI.CE I RETAIL) BUILDING AT 7150-7160 SW 62"" AVENUE IN TI-lE ''TODD {MU~
.5)", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5).
Inquiries concerning the above two Items should be directed to the
Planning Department at 305-663-6326.
I AlLintere,st"d parties are invited to attend and will be heard.
Maria M. Menendez
CIty Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a person
deoldes to appeal any declslcn made by this Board, Agency or Commission with raspam to any
matter .cons!del"(!d at JI!! meetlng or hearing, he or sha wJII nead II reccrd of the proceedings, and
that for such purpose, affected person may need to ensure that a VIlrbstlm record of the
proceedIngs Is made WhIch record Includat! the testimony and evidence. upon which the appeal
Is to be based.
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City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 666-4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: Lot{s) _ Block __ Subdivision
5750 Sunset Drive PB
Meets & Bounds: SEE EXHIBIT "A"
APplicant: Sou t h Miami Corporation Phone: 305-448-8486
Representative: Organization: w. Tucker Gibbs ,
Address: 21 5 Grand Avenue Phone: 305-448-8486
Coconut Grove FL 33133
prope~ Owner:
Sout Miami Corporation
Signature:
Mailing Address: 5750 Sunset Drive Phone: 305-448-8486
South Miami,. FL.
Architect/Engineer: Chael, Cooper .& Associa tesPhone: 305-666-0185
Touzet Studio 305-789-2870
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
XXOwner Owner's Representative Contract to purchase Option to purchase :tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
-Text Amendment to LDC _Variance XX'Letier of Intent
~ Zoning Map Amendment XXSpeclal Use _ Justifications for change
_ PUD Approval XXSpecial Exception Statement of hardship
_ PUD Major Change XXOtherDevelopmen t Xlrproof of ownership or letter from owner
Approval _ Power of attorney
Briefly explain applicalion and cite specific Code sectlons: _ Contract to purchase
XXCurrent survey (1 original sealed and
SEE LETTER OF INTENT signedl1 reduced copy @ 11" x 17")
XXr 5 copies of Site Plan and Floor Pla~s
1 reduced copy@ 11" x 17"
X~~~ll'r~i!!ifr&
Seclion: __ Subsectlon: __ Page #: __ Amended Dale: XlIMailing labels (3 sets) and map
XXRequlred Fee(s)
The undersigned has read this completed application and represents that the infonnation and all submitted materials are true and
correct to the best of the applicant's knowlecfge and belief. .
J!J](Lcb.r,~ Dec~mber 10, 2004 APpUcanrs Signa~e Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed_.,..-,---__
Petftion Required, __ _
Date of PB Hearing _____ Date of Commfsslon, ___ -'-_
Petition Accepted _____ _
Method of Payment
8/2/00
December 20, 2004
W. tuCKER GIBBS
ATTORNEY AT LAW
215 ORAND AVENUE
P.O. Box 1050
COCONOTGROVB, FLORIDA 33133
'IELEPHONE (305) 448-8486
FACSlMIL.E (05)443.0773
Don O'Donniley, Director
Planning and Zoning Department
6130 Sunset Drive
South Miami, FL 33143
Re: Amended Letter of ~ntent for 5750 Sunset Drive.
Dear Mr. O'Donniley:
I represent The South Miami Corporation, owner of the
referenced property zoned SR, Specialty Retail with a HD-
OV, Hometown District Overlay.
I am pleased to present to the Planning Board and City
Commission for their review and consideration the attached
application for development approval in-the HomeTown
District. This application sets forth my client's plan for
a mixed-use development with retail, office and residential
components at 5750 Sunset Drive.
This project will be built on three contiguous blocks
bounded generally by Sunset Drive and S.W. 73 w Street to
the north, S.W. 74th Street to the south, S.W. 57 th Court to
the east and S.W. 58 th Avenue and S.W. 58th Court to the
west. The site will be subjeGt to a unity of title. It
includes 37,379 square feet of retail uses (of which 13,821
square feet is for restaurants), 17,713 square feet of bank
facilities, 32,120 square feet of office uses and 108
residential units. The height of this development will not
exceed the 56-foot,' four story maximum as set forth in the
Home Town Plan. There will be 649 parking spaces provided,
which are 50 more than the parking required in the Home
Town plan.
This application includes·the following:
1. A development agreement that establishes the design
parameters of this project and includes requests for
two special exceptions and one special use permit.
2. A special exception to section 20-7. 9B, per section
20-7.51 to permit four drive-through lanes for the
bank.
3. A special exception to section 20-7. 7B, per 20-7.51 to
permit +/-72.2% or 139,435 square feet of lot
coverage.
4. A special use permit per section 20-3.4 and 20-5.8 to
permit 13,821 square feet of restaurant use.
We look forward to presenting our application to the
planning board and the city commission. The design team and
I are available to provide you and your staff any
additional information you require in your review of this
application. Thank you for your assistance.
Sincerely,
jJ)JttdM~
w. Tucker Gibbs
enclosures
cc·: Victor Dover
Wade Wacholz, Esq.
6900
~
~ ~
~ ~
~
~
~
City of South Miami
PB-05-001 PB-05-002
Project Sunset -5750 Sunset Drive
Special Exceptions / Special Use Approvals
rI ~ 4' III ~
,Ji'
<Ii'
<§>1~ ~
1:: '"
SW 72ND
o
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5950 5901
7440
7.00
7521 7510
7533
·5991" 1530 7550
7549
:;l M
&; Ii; 7610
1,200 1,500 , j o 30~O,~ ______ ~6rOO~~ ____ ~90LO~~ ____ :r=-______ ~ ~
Feet
0
0 ~
7390
7400
,
• • , ,
• • • • • • • • • • • • ..
• • • • • • • ,
• ~
~
~
~
• ~
• • • • • • • • •
• • • • • •
20-7.51 SOUTH MIAMI LAND DEVELOPMENT CODE
20-7.51 Special exception.
(A) The city commission may, by special exception, waive strict, compliance with the
provisions of the Hometown District Overlay Ordinance [this article]. In granting a special
exception, the city commission must find by substantial competent evidence that:
(1) The proposed development contributes to, promotes and encourages the improvement
of the Hometown District and catalyzes other development as envisioned in the
Hometown, District regulations.
(2) The proposed development is compatible with the land uses and development inten-
sities prescribed by all applicable city regulations.
(3) The proposed devalopment must possess integrity of design compatible with the design
criteria established for the Hometown District and with the overall image of the city.
(4) The proposed development shllll be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development on
public facilities and services.
(5) The proposed development does not expand the permitted uses within the Hometown,
District. ,
(6) The proposed development will not ,have an unfavorable effect on the economy of the
City of South Miami.,
(7) The proposed development, when considered cumulatively with other development,
both present and future, within the Hometown District, will not create eXcessive
overcrowding or concentration of people or population.
(B) The city commission, in granting any special exception, may prescribe any reasonable
conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve
and promote the intent of the Hometown District Overlay Ordinance.
(C) Special exceptions, if granted, shall be valid ouly for the specific design shown in the
plans and exhibits submitted as part of the special exception application, as provided in
Section 20-7.52 of this Code. All deviations from the'requirements of the ,Hometown District'
Overlay Ordinance incorporated within and reflected on the site plan and exhibits shall be
considered a part of the application. Approval of the site plan and exhibits by the city
commission shall constitute approval of the nonuse deviations identified on the (!ite plan and
exhibits uruess the city commission approves a motion to the cOntrary. No further individual
or separate application for deviations approved by the city commission shall be required. If the ,
applicant wishes to make materi.iJ. changes to the design subsequent to receiving a special
exception, the applicant must apply for a new special exception following the procedure set
forth herein.
(D) Special, exceptions, if granted, shall be valid if development, as defined in Section
380.04, Florida Statutes, commences within twenty-four (24) months from the date of final
approval and is substantially completed within five (5) years from the date of issuance of the
Supp.No.7 180
HOMETOWN DISTRICT OVERIAY ORDINANCE 20-7.52
first building permit. The time for substantial completion may be extended by the city
commission upon application filed prior to the expiration of the substantial completion period
and upon demonstration of good cause.
(Ord. No. 19-94-1569, § 1,11-1-94)
20.7.52 Procedure for special exception.
(A) Special exceptions under Ordinance No. 19·94-1569 [Sections 20·7.51, 20-7.52] may be
granted only after a minimum of two (2) public hearings. The first public hearing shall be
before the planning board, at which time the pianning board shall review the project and
provide to the city commission an advisory recommendatiOn regarding approval, approval with
conditions, or disapproval. The second public hearing shall be held before the city commission
and shall be held no sooner than seven (7) calendar days following the planning board hearing.
Public notice requirements, as specified in Section 20-5.5(C) and (G), Applications requiring
public hearings, shall be followed .
. (E) Requests for special exceptions under Ordinance No. 19-94-1569 [Sections 20-7.51,
20-7.52J shall be in a form acceptable to the city manager and shall include each exhibit
required per Section 20-7.3(B), Application for Development Permit, and per Section 20-7.4,
Site Plan Requirements. In addition, the city comnussion, at its discretion, may require
additional exhibits and may defer approval of the special exception application or schedule an
additional public hearing or hearings to review.those exhibits.
(C) The city manager shall have authority to require additional review and approval by the
environmental review and preservation board for developments involving special exception,
which review shall follow the procedure set forth in Section 20·5.11 of this Code.
(D) The city commission may grant a special exception upon four (4) affirmative votes of its
members.
(Ord. No. 19-94-1569, § 1,11-1-94)
Supp. No.7 181
E.R. Brownell & Associates, Inc • ...J __ .. "".,,, .... ,......... .....rro ............
"', ...... _, .. ''', .... , ... :ff~::::.~ SOUTH MIAMI CORPORATION
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TRAFFIC
IMPACT STUDY
---------~----------~.~P~w~~------------~-------
South Miami
Mixed Use Development
February 2005
Prepared for:
The City of South Miami
CATHY SWEETAPPLE & ASSOCIATES
TRANSPORTATION .'-ND MOBILITY PLANNING
101 North Gordon Road, Fort Lauderdale, Florida 3330 I
954-463-8878 office 954-525-4303 fax Email: csweet@bellsouth.net
CATHY SWEETAPPLE & ASSOCIATES
TRANSPORTATION AND MOBILITY PLANNING
Introdyction
South Miami Mixed Use
Traffic Impact Study
This Traffic Impact Study has been prepared on behalf ofthe City of South Miami to evaluate the traffic impacts of a mixed
use infill residential, retail, bank and office project located on portions of three city blocks within the Hometown District of
the)' City of South Miami. The project is bounded by Sunset Boulevard/SW 72 nd Avenue on the north, SW 57~ Court on
the east, SW 74th Street on the south, and SW 58~ Court on the west as depicted on the enclosed Figures 1 and 2. The
proposed redevelopment site is situated within the Miami-Dade County Urban Infill Area and is iocated approximately
. three blocks south of the South Miami Metro-Rail Station. The site is partially occupied today with retail, restaurant and
bank uses, including a bank drive-through operation, public parking for downtown shoppers and contract parking for
monthly parking tenants. .
A Traffic Impact Study has been prepared as pari of the sHe plan review process to identify the peak hour turning
movements at the project drtveways, the existing traffic on the surrounding roadway network; and the future traffic
conditions with the development of the project site. Existing and future traffic conditions have been evaluated on adjacent
study area roadways and at adjacent intersections providing access to the regional roadway network.
Development Program and Project Access
The proposed redevelopment site plan is included in the enclosed Figure 3 and includes the uses listed in Table 1A
below. Site uses are designed to wrap around the perimeter of each block, with parking located within the block's interior.
The enclosed Figure 4 identifies the proposed project access locations, where project access to the interior structured
parking is provided offof SW 57~ Court and SW 73 rd Str~etfor Block A, SW 57~ Court and SW 58~ Avenue for Block B,
and SW 58~ Avenue and SW 58~ Court for Block C. Ingress and egress to the interior structured parking is well
organized and centrally located fOTeach block, with the only potential confllclarising along SW 58fu Avenue where the at
grade driveway serving the 16 dwelling units located in Block C 'islocated within 40 reet from the driveway serving
structured parking for Block 8.
Table 1A -Proposed Deve opment Program
Type of Use Block A Block BBlock C Total
Townhomes/Rowhouse 37du 55du 16du 108 du
Ground Level Retail 12,401 sf 11,157sf 23558 sf
Restaurant 6,028 sf 7,793 sf 13821 sf
. Bank with Drive Thru 17,713 sfwith 4 lanes 17,713 sf
Office 15,986 sf 18,637 sf 34,623 sf
The site is currenlly occupied with bank, retail, restaurant and parking as oullined in Table 1 B below.
Type of Use
Bank
Groun.d Level Retail
Restaurant
Bank Drive Thru Lanes
Public Parking
Cathy Sweetapple & Associates
February 2005
a e -I mg ses on Ie T bl 1B Ex'sf U S·t
Scale of Exlsting Uses
27,481 sf
2,400 sf
1,500 sf
7 lanes
227 spaces
Block Location
Block A
Black A
Block A
Block B
Blocks B and C
South Miami Mixed Use Traffic Impact Study
City of South Miami
legend
I D I Site location
Figure 1
Location Map
South Miami Mixed Use Development
January 2005
Source: Calhy Sweelapple & Assoolates
legend
, D I Site Location o Block Location
Figure 2
Aerial View of the Site
South Miami Mixed Use Development
January 2005
Source: Cathy SWeelappfe & Associates
SUNseT DRIVE:
,-1-'--'-1-1
I I I I I I
, I I I I I
I I I , , I w
~ r--L-'-i-'-~-~ :
~. I . I . r I;
: 1----,---, ~
, , I ,-----,-----,
L ____ '_ __.J
,
, , ---,--
J ,
Legend . 0 Site Locaiion
=
'"1111"
Rgure 3
Proposed Redevelopment Plan
South Miami Mixed Use·Development
January 2005
Source: Cathy Sweetapple & Assoclales
SUNSET DRive
1-1--1-'-1
1 1 I 1 I
1 1 1 1 1
1 1 1 1 1
L_I_I_I_~_. -1 ;
i<
'I If -1----' :
I 1 ----1-----1
____ 1_ __-.J
lagend D Site location t Vehicular access to each redevelopment block
~.~
SUnSET ORIIH
111111111
~. . . .
. .. .. ..
. .
Figure 4
Project Access Locations
South Miami Mixed Use Development
January 2005
Source: Cathy SWeetappJe& Associates
Project Trip Generation
A trip generation analysiS has been prepared to estimate the daily, AM peak hour and PM peak hour project trips
generated by the proposed redevelopment program. Trip generation has been estimated using the rates and equations
from ITE Trip Generation, 7~ Edition. ITE LUG 230 fortownhomes and condominiums has been used for the residential
units. ITE LUG 814 for specialty retail has been used to generate the trips for the ground level retail uses for the daily
and PM peak hour timeframe. ITE LUC 820 is used for the AM peak hour timeframe since there is no AM peak hour
specialty retail trip rate in ITE. ITE LUG 932 is used to generate the trips for high turnover sit down restaurantspace. ITE
LUG 912 is used to generate the trips for the bank with drive in lanes, and ITE LUC 710 has been used to generate the
trips for the office space within the site. A modest internalization of ground level retail space and ground level restaurant
space has been included In the analysis equal to 20% ofthe daily retail and restauranttrips and 10% ofthe AM and PM
peak hour retail and restaurantirips. The combined internalization equates to 7% of the gross dailytrtps, 4% ofthe gross
AM trips and 2% ofthe gross PM trips. A jOint pedestrian and transit reduction has then been applied equal to 20% of the
remaining daily external trips and 10% of the remaining AM and PM external trips. A summary of the trip generation
calculations are provided in Table 2A below. The detailed trip generation analysis is provided in the attached Table 2B.
The trip generation calculations provided in the enclosed Tables 2A and 2B also incorporate the trips generated by the
existing bank, retail and restaurant uses on site. The net new external trips for the project reflects 215 AM peak hour
trips, 51 PM peak hour trips and 802 daily trips.
Table 2A • Summary of Total Project Driveway Volumes for the Proposed Uses
Time frame Inbound Outbound ··Sit. Total
Gross Trips AM 324 255 579
Internalization AM 11 12 23
Pedestrian and Transit AM 17 39 56
Driveway AM 296 204 500
Existing Gross Trips AM 200 156 356
Exlstlng Net Trips [I] AM 160 125 285
Net NewTrlps AM 136 79 215
;~~WU!l;-'(;:\Do.l!>Uli't'M~?i!~~~~;lto@ . f;\~\~lt\.iGi\f ci!~J';?!t'Wf~'i' ;l\'.l:i~;l;WlIM!i'.$fi;;:~ ~~\r:a~~ ',jf~'!16_ItV~~, '.·,~)).w..j!,!,W :r,f1J;(<l\1t'3!;tWl.~$oW',j)i~.j
Gross Trips PM 594 627 1,221
Internalizanon PM 12 11 23
Pedestrian and Transit PM 67 53 120
···Driveway PM 515 563 1,078
Exlsting Gross Trips PM 640 644 1,284
Existing iIIel Trips [I] PM 512 515 1,027
Net New Trips PM 3 48 51
!¥~*iW:~if,'ifW,1:~.1iW~~~m."I.~~~~~\'J(~1t ';;~~~@!:fW.i·~~if>'~WJ'*I.~_ 1!'i;:!;J<i~"ialIW1~~W#~\il;"',{w.:; it(~!!:f:'-W'<;:f~fi.fAiit>~lIt,~Jf.+; ii.~~~"'!!l;;1·¥!i):1't>~
Gross Trips Daily 4,222 4,220 8,442
Internalization Dally 49 51 560
Pedestrian and Transit Daily 87 87 1,576
. Driveway. Daily 3,154 3,152 6,306
Existing Gross Trips Daily 3,440 3,440 6,880
Exlsting Net Trips [I] Daily 2,752 2,752 5,504
Ne! New Trips Dally 402 400 802
• • [1] The exlstmg net tnps raflect SO Yo oftbe existing gross trips after Incorporating a 20 Yo pedestrian reduction •
Cathy Sweetapple & Associates
February 2005
6
South Miami Mixed Use Traffic impact Study
City of South Miami
LAND USE
RESIDENTIAL CONDOSfTOWNHOMESIlI)./E WORK LOFTS
SPECiAlTY GROUND lEVEL RETAIL
RESTAURANT
BANK WITH DRIVE IN LANES
'OF",E
, GROSS TOTAL TRIPS ,
OF' I
i DRIVE 'N LANES
OFOR EXlSTlNG USES
I NET'
, NETI _ TRIPS, -EXISTlNG)
LAND USE
RESIDENTIAL CONQOSrroWNHOMESIUVE WORK LOFTS
SPECIALTY GROUND LEVEL RETAJL
RESTAURANT
BANK WITH DRIVE IN lANES
1 OFFICE .
I
"NBANK
, EXlSTINO REf AIL
!EKfImNO'
'USES
, NEl , ElOSTlNG USSS
-EXISTING) .
lAND USE
RESIDENTIAL CONDOsrroWNHOMES1UVE WORK LOFTS
SPECIALTY GROUND lEVEL RETAIL
RESTAURANT
BANK WITH DRIVE IN LANES
IOFFlCE
,
'TRIPS
I
'NEl
ex,snNG'
•
'USES
'US"
NET NEW I
TABLE2S
SOUTH MIAMI MIXED USE DEVELOPMENT
CAllY, AM AND PM PEAK HOUR TRIP GENERATION
UNITS ~~~ ~~E7~~ on""", •
108 DU 230 Ln (T) = 0.85 Ln (X) + 2.55
23,558 SO. FT 814 T=44.32 (X)
13.821 SO. FT 932 T= 127.15 (X)
17,713 SO.FT 912 T = 246,49 (X)
34.623 SO. FT 1'710 Lnm-O.77 Ln (Xl + 3.65
20% R,""''' of 20% Of tho ,.,,, ,"p.
20% R"'"'".
7% ,,% of Gm" T'"
20%
27,481 SO. Fl 912 r -2'6.49 (X)
2.400 SO. Fl 814 T=44.320<:
1,500 SO.fl 932 T= 127.15 (Xl
, ,
UNITS ~~~ ~~~ 7~~ ~::;;:.~:~
106DU 230 In (T) = 0.80 In (X) + 0.26
23,556 sa. FT 820 L,,! (T):::: 0.60 Ln (X) + 2.29
13.821 SO.FT 932 T=11.52(X)
17,713 so. fT 912' T -12.34 (X)
34.623 SQ. FT 710 Ln m= O.BOln (Xl <1.55
10% ""'''"'' off 0% or", MmH trip.
10%
4%
10%
27,481 SO. FT 912 T = 12.34 ()()
2,400 sQ. FT 820 lnrc ()() + 2.29
1.50050.FT 932 T= 11.52 (X)
WiI""
.
UNITS ~~~ ~r:e ~~ ;~~~?~ A
108 DU 230 In (T) = 0.B2 In (X) + 0.32
23,568 SO. FT .'4 T = 2.40 (X) + 21.48
13.821 SQ. FT 932 T= 10.92 (X)
17,713 SO. FT 912 T=45.74(X)
34,623 SO. FT 710 T=1.12 (X) +7 •. 81
10% R"',"'", ,re'" tri"
10%
2% • Trip,
10%
.
27.481 SQ. FT 912 T =45.74 (X
2,400 SQ. fl 814 T = 2,40 (X) + 21.48
1.500 SQ. F' 932 T = 10.92 IX!
w"""O%!
~~~ 0 ~T
% TRIPS % TRIPS
685 50% ~~ 50% : 1.04' 50% 50%
1.757 50% 2.~~~ 50% 2.~~: 4.366 50% 50%
590 50% 295 50% 295
6,442 50% ',2221 50% 4.22.
2.9 50% 10. 50% 106
351 50% 176 50% 176
5601 50% 280 50% 260
1.676 50% 78' 50% 7aS
6,308 50% 3,15' 50% ~ 6.774 60% 3.387 50%
106 50% 53 50% 53
181 50% 95 50% 9.
6.880 50% 3.440 50% 3_
5,604 2.7621 2.761
'" .. ·:802 . 50% . ·:402 '50% ·400
T~~S ~
OUT
% % TRIPS
:: 17% 4~ 83% ~: 61% 39%
~~: 52% ,;~ 48% :~ 56% 44%
80 88% 70 12% 10
579 56% 324 44% 255
61% 39%
16 42% 58%
23 49% 11 51% 12
56 31% " 69% " 500 59% 296 41% 204
339 56% 190 44% 149
17 61% 10 39%
17 52% 48%
366' 56% 200 44% 156'
286 1601 125 .
'.' ,215 63%: "'3 • . 37% :79
T~~S ~ 0 JT
% _% mlPS
~ 137".k :: 33% 21
44% 56% ~ 151 61% 4~~ 39%
~:: 50% 50%
4:: 17% 20 83%
1,221 49% 594 51% .27
48\ 52%
15 51\ . 49%
23 52' 12 46% 11
120 56% 67 44% 53
1.078 48% 515 52% 563
1.25' 50% 628 50% 629
27 44% 1: 56% 15
16 61% " 39%·
1.28' 50% 640 50% 6 ..
1,0271 512 511
611 6% 94% • ••
Project Trip Assignment
Project traffic assignment to the surrounding study area roadways has been determined pursuant to the Miami-Dade
County Cardinal Distribution for Project Zone 1103 (see Figure 5), using the adjacent street roadway network and the
land use characteristics in the vicinity olthe project site: The assignment and distribution of project traffic on the adjacent
roadway network reflects the general project distribution characteristics identified below, based upon the Miami-Dade
County cardinal distributions which are presented in Table 3A and Figure 5.
•
•
•
•
•
To and from the NNE using us-1'
To and from the ENE and ESE using SW 72 Street
To and from the SSE and SSW using SW 57 Avenue
To and from the WSW using US-1
To and from the WNW and NNW using SW 72 Street
Total:
24.13%
11.90%
14.00%
21.67%
28.30%
100.00%
Data is provided in Table 3A below to compare the project trip assignment (by cardinal distribution) for the existing bank,
retail and restaurant uses on site, with the project trip assignment for the proposed residential mixed use project. Table
3A documents the overall small net new trip increase during the PM peak hour resulting from the proposed
redevelopment plan. Table 38 identifies the net new project traffic assignment at the first directly accessed count
stations surrounding the project site.
Table 3A Cardinal Distribution for Zone 1103 -
1,027 PM Peak 1,078 PM Peak 51 PM Peak Hour
Cardinal Hour Trios Hour TriDs Trip Increase
Direction Distribution Exlstina Uses ProDosed Uses N.t NewTriD.
NNE 24.13% 248 260 12
ENE 1D.42% 107 112 5
ESE 1.48% 15 16 1
SSE 0.68% 7 7 0
SSW 13.32% 137 144 7
WSW 21.67% 223 234 11
WNW 11.40% 117 123 6
NNW 16.90% 174 182 9
Total: 100.00% 1027 1078 51
a e -ar na s rl u Ion sSlanmen a alacen! oun a Ions Tbl38 C dl 100t'bl" A' t tM C tSt I"
COUNT Zone 1103 Existing Uses proposed \.Ilies . Net New
STATION Cardinal PM TriD' .. PMTrllls .•. PiVlTrips
NUMBER DESCRIPTION Distribution 1027 . ','1078'" 51
0127 US-1 north of SW 57 Ave to SW 67 Ave 18.13% 186 195 9
9634 SW ff1 Ave north of SW 72 Street to US-1 6.00% 62 65 3
9656 SW72 St west of Cartaoena Circle to NW 57 Ave 11.90% 122 128 6
9636 SW 57 Ave south of SW 88 Street 14.00% 144 151 7
9966 U8-1 south of Kendall Drive to SW 104 St 21.67% 223 234 11
0070 SW 72 Street west of US-1 28.30% 291 305 14
100.00% 1,027 1,078 51
Cathy Sweet.pple & Assocl.tes
February 2005
South Miami Mixed Use Traffic Impact Study
City of Souill Miami
8
Legend
I 0 I Site location
Rgure 5
Project Traffic Assignment and Distribution
South Miami Mixed Use Development
January 2005
Source: Cathy SWeetappJe & AssccIates
Traffic Concurrency Conditions
Using the average project distribution percentages outlined above, project traffic has been assigned to the local roadway
network surrounding the site and to the first direcliy accessed traffic count stations. Vehicular traffic for the project will
access the local roadway network using driveway ccnnections to SW 57 Court, SW 73 Street, SW 58 Avenue, and SW 58
Court. The traffic will then access the regional roadway network, using SW 57 Avenue, SW 72 Street and US-1. A traffic
concurrency evaluation has been performed at each of the first directly accessed traffic count stations located on the
regional roadway network as provided in Tables 4A and 48. Available capacity was fcundlo be maintained at each of
the first directly accessed traffic count stations.
Traffic Conditions along Adjacent Study Area Roadways
. Existing and Year 2008 projected PM peak hour traffic ccnditions were evaluated on the roadway network adjacenllo the
redevelopment site. Acceptable levels of service were found to be maintained after incorporating the net new project
traffic. The enclosed Tables 5A and 58 provide an evaluation of existing traffic, future background traffic and total traffic
conditions for the year 2008. Future background growth calculations are provided in the enclosed Table 6. A level of
service evaluation was performed for both the PM peak hour using the two way peak hour analysis methodology,
evaluating each roadway pursuantto the adopted levels of service in the City of South Miami Comprehensive Plan. The
peak hour maximum service volumes were obtained from the Year 2002 Quality/Level of Service Handbook published by
the Florida Department of Transportation. The evaluation of local traffic impacts has been performed for the study
roadway segments consistent with the City and County Comprehensive Plans.
Existing Traffic Conditions
AM and PM peak hour turning movement traffic data was collected at study intersections on January 13, 2005 (see
Attachment I). Twenty four hour link counts were ccllected the week of January 11, 2005 and the week of January 25,
2005. All counts collected were adjusted for peak season using the Year 2003 weekly peak season adjustmentfactors
provided by the Florida Department ofTransportation. The peaK hour data was then summarized on the enclosed Table
5A (for the PM peak hour) to identify the existing peak season PM peak hour directional traffic conditions for the stUdy
area roadway segments. Acceptable levels of service were found to exist under existing traffic ccnditions.
Signalized AM and PM Peak Hour Intersection Turning Movement Counts
Sunset Drive and SW 57 Avenue
Sunset Drive and SW 58 Avenue
Sunset Drive and US-1
SW 73 Street and US-1
SW 74 Street and SW 57 Avenue
72 Hour Link Counts
SW 57 Court between Sunset Drive and SW 73 Street
SW 73 Street between SW 58 Avenue and SW 57 Court
SW 58 Avenue between SW 73 Street and SW 74 Street
SW 74 Street between SW 58 Avenue and SW 58 Court
Cathy Sweetapple & Associates
February 2005
10
South Miami Mixed Use Traffic Impact Study
City of South Miami
Future 8ackground Traffic Conditions
Future background traffic volumes through the buildout Year 2008 have been calculated for the study area roadway
segments using average historical growth rates for the state roadways within the study area. The attached Table 6
provides the historical growth rate calculations used to project the existing traffic volumes to year 2008 traffic volumes. A
growth rate of 0.50% per year will be used for any roadway demonstrating negative growth or growth below the 0.50%
threshold. The enclosed Table 58 identifies the growth in background traffic to the year 2008, and the evaluation of
future background traffic conditions for the two way peak hour timeframe. Acceptable levels of service were found to
exist through the year 2008.
Committed Development Traffic
Traffic impacts from two adjacent committed development projects were incorporated into this traffic study. Plaza 57 is
nearing completion, and is located adjacentto Block Band SW 57 Court, between SW 73 Street and SW 74 Street. The
South Miami Office Building and Parking Structure has not yet been built, but it was approved adjacent to Block A to the
north of SW 73 Street between SW 58 Avenue and SW 58 Court. The traffic from these projects was layered on top of
future background traffic within the study area. The PM peak hour traffic from these unbuilt committed development
projects has been assigned to the study area roadways using existing traffic studies for each project (where available) or
using the general traffic distribution and assignment established for the project site. The assignment of committed
development traffic to the study roadway segments is documented in Table 58 for the PM peak hour. The location of the
committed development projects is Identified on the enclosed Figure 6.
Total Traffic Conditions
An evaluation of the roadway level orservice under total traffic conditions has been performed for the study roadway
segments adjacent to the project site. Total traffic conditions reflect the combined effect of future background plus
committed devefopmenttraffic plus the traffic from the proposed redevelopment program. The enclosed Tables SA and
58 demonstrate that acceptable levels of service were found to be maintained through the Year 2008.
Adiacent Study Area Intersections
Five signalized intersections along Sunset Olive, US-1 and SW 57 Avenue are being analyzed to examine AM peak hour
and PM peak hour operaling conditions for the year 2008 buiidoul date for the project site. The study intersections
include SunsetDrive at SW 57 Avenue, SunsetDrive at SW 58 Avenue, SunsetDrive atuS-1, SW73 Street atuS-1 and
SW 74 Street at SW 57 Avenue. Existing and projected turning movements for these study area intersections along wHh
intersection analysis worksheets and signal timing sheets from Miami-Dade County will be provided under separate
cover. The Intersection analyses will determine the extent 10 which signal timing modifications will beneeded to maintain
acceptable operating levels of service.
Conclusions
Given the analyses performed in this Traffic Impact Study, all study area roadways adjacent to the ·project site were
found to operate at acceptable levels of service (duling the two way PM peak hourtlmeframe) through the bulldout of the
project site. Acceptable levels of service were found to be maintained through the Year 2008.
Cathy Sweetapple & A"Dciate.
February 2005
11
South Miami Mixed U.e Traffic Impact Study
City of South Miami
Table4A
Traffic Concurrency Capacity Analysis for Existing and Committed DevelopmentTraffic Condilions
Capacity Capacity Total -
Available D.O:s Available Two-Way Maximum LOS
STATION existing after a.of after PHPVolume Adopt!"! wlth
NUMBER DESCRIPTION Laneaoe CaDacitv PHPVol PHPVol 7/112004 0.0:. wlth 0.0:. LOS ·O.O.IS
0127 US-1 north of SON fir Avenue fJom SW 42 Ave~ue to SW 57 Avenue A6 11,110 5,645 5465 116 5.349 5761 E+50 D
9634 SW 57 Avenue north of SW 72 Sireello Soulh Dixie Highway A4 3,330 1609 1,721 54 1,667 1663 E+50 D
9656 sw 72 Slreet \'lest of Gartaoena Circle: to NW 57 Avenue A2 2,550 836 1,714 SO 1,634 916 E B
9636 sw or Avenue SQuill of SW sa SfreeI: A2 1,980 1,410 570 133 437 1543 E B
9966 US·15oulhofKenclalIDffirelo~104S!reet A6 10,110 3826 6,284 487 5,797 4313 E+50 C
0070 SW 72 Street west of 1JS..1 _~_4_c.....l1.2L1-1.680 ,--j,~40 -31 --1,509 -1,711 E+20 D
Source: Mlami-Dade C~unly Public Works Department Concurrency Report Daled July 1,2004.
Tabl.4B
Traffic Concurrency Capacity Analysis for Total Traffic Conditions
-Net New_ --Total Capacity
D.O.'s Zone 1103 PMPeakHour'-Two.Way Avanable Maximum
STATION Existing as of Cardinal Projeci Trips: PHPVolume after Adopted Future
NUMBER DESCRIPTION Laneaoe CaDacltv PHPVol 7/1/2004 Distribution 51 with Project Project LOS LOS
0127 US-11lOrth of SW 57 Avenue from SW 42 Avenue: 10 SW B7 Avenue A6 11110 5,645 116 18.13% 9 5,770 5340 E+50 D
9634 SW Sl Avel1ue north of SW72 Sfrsette South Dixie Hlahwav A4 3,330 1,609 54 6.00% 3 1666 1664 E+50 D
9666 sw 72 Street west of Cartagena Cirt/e to NW 57 Avenue A2 2550 836 80 11.90% 6 922 1628 E B
9636 SW 57 AVSIlue SDUth of SW 8B Slreet A2 1,980 1,410 133 14.00% 7 1,550 430 E B
9966 tJS..1 soulil of Kendall Drive to $N 104 Street A6 10,110 3,826 487 21.67% 11 4,324 5786 E+50 C
00)0 sw 72 Straetwesl of US-1 A4 3,220 1,680 31 28.30% 14 1,725 1,495 E+20 D
1oo.DO% 51
Source: Miami-Dade County PublIc Works Department ConOJrrency Report Dated July 1 J 2004.
Tabl.SA
Existing Traffic Conditions on Study Area Roadways -Two-Way PM Peak Hour
2005 2005 2005
TWO-WAY TWO·WAY TWO-WAY PM PEAK
ROADWAY SEGMENTS EXISTING COUNT COUNT FOOT ADOPTED PM PEAKHR PM PEAKHR PM PEAKHR HOUR
LANES STATION DATE . PSCF LOS VOLUME PKSEASON CAPACllY LOS VIC,
SW57 Avenue I .
US-1 to Sun.set Drive 4LD By City 1/1312005 1.02 F 1,432 1,461 3,270 C 0,44 ....
sunset Drive to SW 73 Street 4LD By City 1/1312005 1.02 F 1,457 1,486 3,270 C g,~~ SW 73 Street to SW 74 Street 4LD ByClly 1113{2005 1.02 F 1,291 1,317 3,270 C , ..• '-c"
SW57 Court
Sunset Drive to SW 73 street 2LU ByCl1y 1/27120115 1.01 D 179 181 950 C .;,0,19
SW 73rd Streetto SW 74 Street 2LU By cit}. 1/2712005 1.01 0 179 181 950 C . ,Q,1,9
... _.-.
sw 58 Avenue 'i~f US-1 to SUnset Drive 2LU syelly 1/13/2005 1.02 D 506 516, 950 D,
Sunset Drive to SW 73 Street 2LU By City 111~/2005 1.02 D 275 281 950 C
SIN 73 Street to SW 74 Street 2LU By City 1113/20[}5 1.02 D 2,616 281 950 C 0:3'0 \ ":.' -'.:: "~" .. '
SW58 Court 0:30 sunset Drive to SW 73 Street ,2LU By City 1127/2005 1.01 D 282 285 950 C
SW 73rd Street to SW 74 Street 2LU By City 112712005 1.01 D 282 285 950 C 0,30 ... '
Sunset Drive
SW 57 Avenue to SW 57 Court 2LD ByCny 1/1312005 1.02 F 1,246 1,271 1,543 D :0,82·
SW 57 Court at SW 58 Avenue 2LD By City 1/1312005 1.02 F 1,168 1,181 1,543 C 0,77 .
SW 58 Avenue to SW 58 Court 2LD Bye!!y 111312005 1,02 F 1,073 1,094 1,543 C 0.71
SW 58 Court to U6-1 2LD By City 1/13/Z005 1.02 F 1,113 1,135 1,543 C '001'4
SW73Slr •• t ... '
SW 57 Avenue to SW 57 Court 2LU By City 111312005 1.02 D 432 441 950 C '0.46
SW 57 Court to SW 58 Avenue 2LU ByC!ty 1/1312005 1.02 D .432 441 950 C .. '0:46
SW 58 Avenue to &N 56 Court 2LU By CIty 1/13/2005 1.02 D 529 540 950 0 . ;:0:57:::
SW 58 Court to US-l 2LU By GUy 1/13120DS 1.02 0 529 540 950 0 :0:$7 '
. :,.:.'.:,
SW74 Street .... ',.'
SW 57 Avenue to SW 57 Court 2W ByC!ty 1I13J20[)5 1.02 D 266 271 950 C ··1i.~9: .:
SW 57 Court to SW 58 Avenue au By City 1113120DS 1," D 413 421 950 C .0:11':
SW 58 Avenue to SW 56 Gourt au ByGiiY 1/1312005 1.02 0 413 421 950 C 0, .
-<'.-':""
US-1 :.6:b· SW 57 Avenue to SW 72 Street 6LD By City 1/1312005 1.02 F 5,112 6,214 7,020 E
SW 72 Street to SW 73 Street 6LD By City 1I13f2005 1.02 F 5,107 5,209 7,020 E >..0:,70
Notes. Capacities are based upon the 2002 FDOT Quality/lOS Handbook and the City of South Miami ComprehenSive Plan.
Pursuant to the City of South Miami Comprehenslv& Plan, the capacity for US-1 Is 150% of lOS D.
Table5B
Future and Total Traffic Conditions with Project on Study Area Roadways -Two-Way PM Peak Hour
-.... 1---2005-2008-rsoutilMi3itil -:-pjaza rfI Soulh Miami Mixed Use
TWO-WAY lWO-WAY Office Bldg Office aldg Project Net Naw PM
ROADWAY SEGMENTS EXISTING PMPEAKHR PM PEAK HR Committed Committed Distribution Project Trips
LANES PKSEASON PKSEASON 177 187 Pereent 51
SW57 Avenue
US~ 1 to Sunset Drive 4lD 1,461 1,544 11 11 6.00% 3
Sunset Drive to SW 73 Street 4lD 1,486 1.571 11 11 . 6.00% 3
SW 73 Street to SW 74 Street 4lD 1,317 1,392 12 13 7.00% 4
SW57 Court
Sunset Dllve to SW 73 street 2lU 181 191 21 22 11.90% 6
SW 73rd Street to SW 74 Street 2lU 181 191 23 24 13.00% 7
SW 58 Avenue
US-1 to SUnset Drive 2lU 516 546 32 34 18.13% 9
Sunset Drive to SW 73 Street 2lU 281 297 32 34 18.13% 9
SW 73 street to SW 74 street 2lU 281 297 32 34 18.13% 9
SW 58 Court
Sunset Drive to SW 73 Street 2LU 285 301 50 53 28.30% 14
SW 73rd Street to SW 74 Street 2lU 285 301 21 22 11.67% 6
Sunset Drive
SW 57 Avenue to SW 57 Court 2lD 1,271 1._ 21 22 11.90% 6
SW 57 Court at SW 68 Avenue 2LD 1,161 1,249 21 . 22 11.90% 6
SW 56 Avenue to SW 58 Court 2lD 1,094 1,157 50 53 28.30% 14
SW 58 Court to US-1 2lD 1,135 1,200 50 53 28.30% 14
SW73 Street
SW 57 Avenue to SW 57 Court 2lU 441 466 23 24 13.00% 7
SW 57 Court to SW 56 Avenue 2lU 441 466 23 24 13.00% 7
SW 58 Avenue to SW 58 Court 2lU 540 570 21 22 11.67% 6
SW 58 Court to US-1 2lU 540 570 38 41 21.67% 11
SW74 Street
SW 57 Avenue to SW 57 Court 2lU 271 287 12 13 7.00% 4
SVV 57 Court to SW 58 Avenue 2lU 421 445 12 13 7.00% 4
SW 58 Avenue to SW 58 Court 2lU 421 445 18 19 10.00% 5
US-1
SW 57 Avenue to SW 72 Street 6LD 5,214 5,512 32 34 18.13% 9
SW 72 Street to SW 73 street 6lD 5,209 5,507 38 41 21.67% 11
Notes; capadtles are based upon the 2002 FDOT Quality/lOS Handbook and the CI1y of South Miami. Comprehensive Plan.
Pursuant to th~ City of South Miami Comprehensive Plan, the capacity for U8-1 Is 150% of LOS D.
Year 2008 volumes are derived using a growth rate of 1.87% peryear (see Table 6).
See Attachment 1/ for the committed development project infonnation. '
2008
TOTAL
TWO-WAY
with Project
1,569
1,596
1,421
241
245
621
372
372
419
350
1.393
1,298
1,274
1,318
520
520
619
660
316
474
487
5,588
5,597
2005
TWO-WAY PM PEAK
PM PEAK HR HOUR
CAPACITY LOS VIC
3,270 C 0.44
3,270 C 0.45
3,270 C '0 . .39
950 C .0,19 !
950 C ·0 •. 19
950 D 0,54
950 C 0.30
950 C 0.30
950 C '0.30
950 C 0.30
1,543 D 0.82
1,543 D .0;77
1,543 D :0.71
1,543 D 0:74
950 D 0.46
950 D 0.46
950 D 0.57
950 D . 0.57
950 C 0.29
950 D 0.44
950 D 0.44
7,020 E I. 0.73
7,020 E 0.73
-
Table 6
Historical Traffic Growth Rate Calculations for the Study Area·
COMPOU~D
COUNT A/>J)T MDT AADT MDT GROWTH
ROADWAY DIR STATION 2000 2001 2002 2003 2000 -2003
SW57 AVENUE
N.OFUS-1 NlS FDOT-0034 23,500 19,400 22,500 22,000 -2.17%
TOTAL FOR ALL STATIONS: 23,500 19,400 22,500 22000 R2.17%
SOUTH DIXIE HWY/US-1
NE. OF SW 57 AVENUE F3JW FOOT -0127 81,500 87,500 84,000 89,000 2.98%
TOTAL FOR ALL STATIONS: 81,500 67,500 84"000 89,000 2.98%
SW72 STREET
W. OF US-1 E/W FOOT -0070 29,500 36,000 33,000 27,000 -2.91%
TOTAL FOR ALL STATIONS: 29,500 36,000 33,000 27,000 -2.91%
REGIONAL GROWTH RATE: 105,000 106,900 106,500 111,000 1.87%
legend ~
! D I SIte Location ~ Btock Location CommItted Project
Figure 6
Approved Commit1ed DevelopmentAdjacent to the Project Site
South Miami Mixed Use Development
January 2005
Source: Cathy Sweelapple & AssocIates
Date:
To:
From:
. Regarding:
CATHY SWEETAPPLE & ASSOCIATES
TRANSPORTATION AND MOBILITY PLANNING
LETTER OF TRANSMITTAL
February 8, 2005
Mr. Don O'Donniley
Director of Planning and Zoning
City of South Miami
6130 Suns~t Drive
. South Miami, Florida 33143
Cathy Sweetapple, AICP
South Miami Mixed Use Development
Traffic impact Study
Please fond enclosed the following material ralated to the South Miami Mixed Use Development T raffie
Impact Study.
Revised Table 5A-Existing PM Peak Hour Traffic Conditions for Study Roadways
Revised Table 58 -Future Background and Total Traffic Conditions for th", PM Peak Hour
• Corrections have been made to Tables SA and 5B to a<;ld clarity on the adopted LOS Standards for Red
Road. Sunset Drive and US-1.
• The lane geometry has been corrected for Red Road for the segmenl between Sunset Drive and SW 74
Street.
• The numericsl capacity designations for Red Road and US-1 have been recalculated using the Group
IV signals per mile capacity deSignation based upon the FDOT tables.
New Table 5C·-Existing AM Peak Hour Traffic Condalons for Study Roadways
New Table 50.-Future Background and Total Traffic Conditions for the AM Peak Hour
• The AM roadway analysis has been completed.
New Tables 8A and 88 -AM Peak Hour intersection Turning· Movements for the 5 Study Intersections
New Tables 8e and 80 -PM Peak Hour Intersection Turning Movements for the 5 Study Intersections
New Table 9 -AM and PM Peak Hour Study Intersection LOS Summary (see below)
Attachment ill -Intersection AnalysiS Worksheets for Existing 2005 and Future 2008
I· , I j
above D, thus falling within the range that would be considered
Acceptable levels of service have been documented at the study area intersections. Signal liming
modifications were needed at the intersection of Sunset Drive and SW 581h Avenue, taking 10 seconds of
east-west green and adding it to the north-south movement to respond to future development patterns in the
study area.
101 North Gordon Road, Fort lauderdale. Florida 3330 I
954-463·8878 office 954-525-4303 fax 954-649-8942 cell Email: csweet@bellsouth.net
ROADWAY SEGMENTS
SW57 Avenue
US-1 to Sunset Drive
Sunset DriVe to SW 73 Street
SW 73 Slreet to SW 74 Street
SW57eDurt
Sunset Drh/e to SW 73 Street
SVIJ.73rd Streetto s.N 74 street
SW1s3 Avenue
US-1'to Sunset Drive
Sunset Drive to SW 73 street
SW 73 Street to SW 74 Street
SW58Court
Sunsel Drive to SW 73 street
SW 73rd Street to SW 74 Street
Sunset Drive
SW 57 Avenue to SW 57 Court
SW 57 Court at SW 58 Avenue
SW 58 Avenue to SW 58 Court
SW 58 Court to US-I
SW73 Street
SW 57 Avenue to SW 57 Court
SW 57 Court to SW 58 Avenue
SW 58 Avenue to SW 58 Court
SW 58 Court to US-I
SW74Str •• t
SW 57 Avenue to SW 57 Court
SW 57 Court to SW 58 Avenue
SW 58 Avenue to SW 58 Court
US-I
Northeast of SW 57 Avenue
SW 57 Avenue to SW 72 Street
Sw. 72 Street to SW 73 Street
Table 5A
Existing Traffic Conditions on Study Area Roadways -Two-Way·PM Peak Hour
2005 20()5
TWO-WAY TWO·WAY TWO·WAY
EXISTING COUNT
LANES STATION
COUNT
DATE
FOOT ADOPTED PM PEAK HR PM PEAK HR PM PEAK HR.
PSCF LOS VOLUME PKSEASON CAPACITY
4LD
2LD
2LD
2LU
2LU
2LU
2LU
2LU
2LU
2LU
2LD
2LD
2LD
2LD
2LU
2LU
2LU
2LU
2LU
2LU
2LU
By City 1113120()5
By City 1113/2005
By City 1/1312005
ByClly 112712005
By City 1127(2005
1.02
1.02
1.02
1.01
1.01
By City 1/1312(105 1.02
By City 111312005' 1.02
Byrnty 1I13noOS 1.02
By City 1/27/20DS
By City 112712005
By CIty 111312005
By City fl1312005
By City 1/1312005
By City 1/13/20DS
By City 1/1312005
By City 1/1312.005
By City 111312005
By City 1/1312005
By Cif;y 1/1312005
By City 1/13/2005
By City 1/131201)5
1.01
1.01
1.02
1.02-
1.02
1.02
1.02
1.02
lD2
1.02
1.02
1.02
1.02
6LO FDOT-0127 112912.Q05 1.01
1.02
1.02
6LD' By City 1/1312005
6LD By Cily 1/1312005
F
F
F
D
D
D
D
D
D
D
F
F
F
F
D
D
D
D
D
o
D
150% afO
150% of 0
150%OfD
1,432
1,457
1,291
179
179
506
275
275
282
282
1,246
1.158
1,073
1,113
432
432
529
529
266
413
413
5,740
5,112
5,107
1,461
1,486
1,317
181
181
516
281
281
285
285
1,271
1,181
·1,094
1,135
441
441
540
540
271
421
421
3270 atE
1543atE
1543 at E
950
950
950
950
950
950
950
1543 at E
1543 at E
1543 at E
1543 atE
950
950
950
950
950
950
950
5,797' 636Dat150%
5,214 6360 at 150%
5,209 6360 at 150%
Notes. Capacities are based upon the 2002 FOOT Quality/LOS Handbook and the City of South Miami Comprehensive Plan.
Pursuant 10 the City of South MiamI Comprehensive Plan, 1he capacJtyfor US-1 is 150% of LOS O.
2005 I ...
PM PEAK
HOUR
LOS . vic.:
C
E
E
c
c
D
C
C
c
C
D
C
C
C
c
C
D
D
c
C
C
D
D
D
,. ,
il::io<
,o,?/i
.
. ~g:~ ..
··.Z:iJ·.··.
lable58
Future and Total Traffic Conditions with Project on study Area Roadways -Two-Way PM Peak Hour
2005 ZOOO South Miami Plaza 67 South Mlaml Mixed Use 2008 2005
TWO-WAY TWO-WAY OfflceBldg omceBldg Proje .. t Net New PM TOTAL mO-WAY PM PEAK
, ROMlWAY SEGMENTS EXISTING PM PEAK HR PM PEAKHR Committed Committed Distribution PrqJect Trips TWO~WAY PEAKHR HOUR
LANES PKSEASON PKSEASON 177 187 Percent 61 with Project . CAPAcrrv LOS VIC
SW61 Avenue
US-1 to Sunset Drive 4LD 1,461 1,463 11 11 6.00% 3 1,508 3210 at E C 0.46
Sunset Drive to SW 73 Street 2LO 1,486 1,509 11 11 6.00% 3 1,533 1543 at E E 0,99
SW 73 street to SW 74 Street 2LD 1,317 1,337 12 13 7.00% 4 1,366 1543 at E E .0.89·
SW67 Court . . .
Sunset Drive to SW 73 Street 2LU 181 191 21 22 11.90% 6 241 950 C ·0.25
SW 73rd Street to SW74 Street 2LU 181 191 23 24 13.00% 7 245 950 C 0.26
SW58Avenue ..
V8-1 to Sunset Drive 2LU 516 546 32 34 18.13% 9 621 950 0 0.65
Sunset Drive to SW 73 Street 2LU 281 297 32 34 1B.13% 9 372 950 C 0.39
SW 73 Street to SW 74 Street 2LU 281 297 32 34 18.13% 9 372 950 C 0.39
SW 58 Court
Sunset Drive to SW 73 Street 2LU 285 301 50 53 28.30% 1. 419 950 C ·0.44
SW 73rd Street to SW 74 Street 2LU 285 301 21 22 11.67% 6 350 950 C .0.37
Sunset Drive ..
SW 57 Avenue to SW 57 Court 2LD 1,271 1,344 21 22 11.90% 6 1,393 1543 at E D 0.90
SW 57 Qourt ot SW 58 Avenue 210 1,181 1,249 21 22 11.90% 6 1,298 1543.at E 0 ·0.84·
SW 56 Avenue to SW 56 Court 2LD 1,094 1,157 50 ·53 28,30% 14 1,274 1543 at E D 0.83
SW 58 Court to US-1 2LD 1,135 1,200 50 53 28.30% 14 1,318 1543 at E 0 ·0.85
SW 73 Street
SW 57 Avenue to SW 57 Court 2LU 441 466 23 24 13.00% 7 520 950 D 0.55·
SW 51 CoUrt to SW 58 Avenue 2LU 441 466 23 24 13.00% 7 520 950 0 0.55
SW 58 Avenue to SW 56 Court 2LU. 540 570 21 22 11.67% 6 619 950 0 0.65
SIN 58 Court to US-1 2LU 540 570 38 41 2.1.67% 11 660 950 D 0.70
SW74 Street
SW 57 Avenue to SW 57 Court 2LU 271 287 12 13 ·7.QO% 4. 316 950 C .0.33
SW 57 Court to SW 58 Avenue 2LU 421 445 12 13 7.00% 4 474 950 0 .. 0;50
SW 56 Avenue to SW 56 Court 2LU 421 445 18 19 10.00% 5 467 950. 0 ·0.51
US-1
Northeast of SW 57 Avenue 6LD 5,797 6.129 32 34 18.13% 9 6,204 6360aI150% 0 .0.98.
SW 57 Avenue to SW 72 Street 6LD 5,214 5,512 32 34 18.13% 9 5,588 6360 at 150% D ·0.88
SW 72 Street to SW 73 Sireet 610 5,209 5,507 38 41 21.67% 11 5,597 6360 at 150% D 0.88
Notes: Capacities are based upon the 2002 FDOT QuarrtylLOS Handbook and the City of South Miami Comprehensive Plan.
Pursuant to the City of South MIami Comprehensive Plan, the capacity for U5-1 is 150% of lOS D.
Year 2008 volumes are derived uaing a growth rate·of 1.67% per year (see Table 6). Negative growth was identified tor Red Road, therefore a growth rate of O.500/0Jyear was used.
See Attachment II fur the commiUed development project information. .
Table5C
Existing Traffic Conditions on Study Area Roadways· Two-Way AM Peak Hour
2005 2005 2005
TWO·WAY TWO·WAY TWO·WAY AM PEAK
ROADWAY SEGMENTS EXISTING COUNT COUNT FOOT ADOPTED AM PEAKHR AM PEAK HR AM PEAK HR HOUR
LANES STATION DATE PSCF LOS VOLUME PKSEASON CAPACITY LOS · VIC·
SWS7 Avenue
US~1 to Sunset Drive 4LD By City 111312005 1.02 F 1,184 1,208 3270 at E D '. 0.3i,
Sunset Drive to SW 73 Street 2LD By City 1/1312005 1.02 F 1.359 1.386 1543 at E E '0.90.
sw 73 Street to SW 74 Slreel 2LD ByeRy 111312005 1.02 F 1,414 1,442 1543 at E E P;93
'-',"\-
SW57 Court ." .
SUflSet Drive to SW 73 Street 2LU By City 112712005 1.01 D 60 61 950 ·C • q;0.6 .. SW 73rd Street to SW 74 Slreet 2LU ByCtty 1127J2005 1.01 D 60 61 950 C P,?6
SW58 Avenue .,-,-...
U5-1 to Sunset Drive 2LU By CIIy 1/1312005 1.02 D 317 323 950 C . ,~1f Sunset Drive to SIN 73 Street 2LU ev OilY 11t3J2{lOS 1.02 D 201 205 950 C
SW 73 Street to SW 74 Street 2LU By City 111312005 1.02 D 201 205 950 C · a.22 '., -.'.":~.:'>,
SW58 Court ,O.1'~ SUnset Drive to SW 73 Street 2LU evCIIY 112112005 1,01 D 178 180 950 C
SW 73rd.Street to SW 74 Street 2LU By CIty 1/27!2005 1.01 0 178 180 950 C 'D,W
Sunset Drive
SW 57 Avenue to SW 01 Court 2LD B,CIIy 11131200S 1.02 F 1,029 1.050 1543 atE C 6.~il
SW 57 Court ot SW 58 Avenue 2LD . By CIty 111312005 1.02 F 1,017 1,037 1543 at E C 0.~7
SW 58 Avenue to SW 58 Court 2LD ByCily 111"312005 1.02 F 995 1,015 1543atE C '066'
SW 58 Court to U5-1 2LO By City 1/13/2005 1.02 F 883 901 1543 atE C ';0:58
SW73 Street .>i~f sw 57 Avenue to SW 57 Court 2LU By City 1/1312005 1.02 D 340 347 950 C
SW 57 Court 10 SW 58 Avenue 2LU By.City 1/1312005 1.02 D 340 347 950 C
SW 58 Avenue to SW 58 Court 2LU ayClly 1/1s120DS 1,02 0 229 234 950 C
SW 58 Court!o US·l 2LU By Oily 1J1af2005 1.02 D 229 234 950 C
:;·L;:);:~:.;/;
SW 74 Street. · .. :~r··· :';" .
SW 57 Avenue to S'{'J 57 Court 2LU ByCily 111312005 1.02-D 196 200 950 C . . ·:.··~:O:~1 ..
Sw 57 Court to $W. 58 Avenue 2LU By City 1/1312(11)5 1,02 D 287 293 950 C ';~i}' SW 58 Avenue to SW 58 Court 2LU syelly 111312(105 1.02 C! 287 293 950 C : ..... ~:< :'.'~:": .. :"."
U5·1 " .. ~
Northeast afSW 57 Avenue 6LD FDQT--0127 1/29.12005 tot 150% Of 0 5,740 5,797 6360 al'150% 0 . "o:er'
SW 57 Avenue to SW 72 Street 6LD By Cily 1/13J2()D5 1.02 150%ofO 4,462 4,551 6360at 150% 0 ··'tt~ SW 72 Street to SW 73 Street 6LD By City 1/13J2()05 1.02 150%OfD 4,448 4,537 6360 at 150% D
" · . ,
Notes. Capacltles are based upon the 2002 FDOT Quallty/LOS Handbook and the CitY of South Miami Comprehensllle Plan.
Pursuant to the City of South Miami Comprehensive Plan, the capacity for U$-1 Is 150% of LOS D.
Table5D
Future and Tolal Traffic Conditions wilh Project on Study Area Roadways. Two·Way AM Peak Hour
2006 2008 South Miami PI ... 57 South MIi.lRilwiii:6d Use-----2008 2006
TWO~WAY TWO-WAY OffIce Bldg Offtea Bldg 'Project Net New AM TOTAL rnO-WAY AMPEAK ,
ROADWAY SEGMENTS EXISTING AM PEAK HR AMPEAKHR Committed Committed Dlstrlbution Project Tripe TWO·WAY PEAKHR HOUR
LANES PKSEASON PKSEASON 124 151 Percent 215 wHhProjscl CAPACITY LOS
SW67 Avenue
'U8-1 to Sunset Drive 4LD 1.208 1,226 7 9 6.00% 13 1.255 3270 at E C
Sunset Drive to SW 73 Street 2LD 1.386 1,407 7 9 6.00% 13 1,436 1543 at E E
SW 73 Street to SW 74 Street 2LD 1,442 1,464 9 11 7.00% 15 1.498 1543 at E E
SW57 Court
Sunset Drive to SW 73 Street 2LU 61 84 15 18 11.90% 26 122 950 C
SW 73rd Street to SW 74 Street 2LU 61 64 16 20 13.00% 28 126 950 C
.
SW.58 Avenue
US-1 to Sunset Drive 2lU 323 342 22 27 18.13% 39 431 950 C
Sunset Drive to SW 73 Street 2LU 205 217 22 27 18.13% 39 306 950 C
SW 73 Streetto SW 74 Street 2LU 281 297 22 27 18.13% 39 366 950 C
SW58 Court
Sunset Drive to SW 73 Street 2LU 160 190 35 43 28.30% 61 329 950 C
sw 73rd street to SW 74: street 2LU 160 j90 14 16 11.67% 25 247 950 C
Sunset Drive
SW 57 Avenue to SW 57 Court 2LD 1.050 1.110 15 18 11.90% 28 1.168 1543 at E C
SW 57 Court ot SW 56 Avenue 2LD 1.037 1.097 15 18 11.90% 26 1,155 1543 at E C
SW 58 Avenue to SW 58 Court 2LD 1,015 1.073 35 . 43 28.30% 61 1.212 1543 at E D
SW 58 Court to US-1 2LD 901 952 35 43 28.30% 61 1.091 1543 at E C
SW 73 Street
SW 57 Avenue to SW 57 Court 2LU 347 367 16 20 13.00% 28 430 950 C
SW 57 Court to SW 58 Avenue 2LU 347 367 16 20 13.00% 26 430 950 C
SW 58 Avenue to SW 58 Court 2LU 234 247 14 18 11.67% 25 304 950 C
SW 58 Court to Us..1 2LU 234 247 27 33 21.67% 47 353 950 C
SW74Slroot
SW 57 Avenue to SW 57 Court 2LU 200 211 9 11 7.00% 15 246 950 C
SW 57 Court to SW 56 Avenue 2LU 293 309 9 11 7.00% 15 344 950 C
SW 58 Avenue to SW 56 Court 2LU 293 309 12 15 10.00% 22 358 950 C
US""
Northeast of SW 57 Avenue 6LD 5.797 6.129 22 27 18.13% 39 6.216 6360 at 150% D
SW 57 Avenue to SW 12 Street 6LD 4.551 4.811 22 27 18.13% 39 4.900 636C et 150% D
SW 72 Street to SW 73 Street 6LD 4.537 4.796 27 33 21.67% 47 4,902 6360 at 150% D
---------------------
Notes: Gapacltles are based upon the 2002 FOOT QualitylLOS Handbook and fue City of South Miami Comprehens~e Plan.
Pursuant to the City of South Miami Comprehensive Plan, the capacity for US-1 is 150% of L.OS D.
Year 200B yolumes are derived using a growth rate of 1.87% per year (see Table 6), Negative growth was Identified for Red Road, therefore a growth rate of O.50%/yearwas used.
See Aftachment II for the committed development project Inl'ormaticn.
VIC
0.38
0.93
0.97
0.13·
0.1~
_DA5
0.32
0,41
.0.35 .
0.26
.
0.76
0.75
0.79
0.71
·0:45
0:40'
0.32
0.37
0.26
0.36
0.38
. 0.96
0;77
0.77
---------
N~
1
N~
2
N •. ,
TABLEaA
SOUTH MIAMI MiXeD USE DEVELOPMENT
INTERSECTION ANALYSES
EXISTING AND PROJECTED 11JRNING MOVEMENTS· AM PEAK HOUR
08-FeD-05 AM PEAK HOUR
INTERSECTION MVNT
Sunsst DriVe Na
andSWQl Ave !.EFT
"'RU
RIGHT
sa
LEFT
THRU
RIGHT
EB
LEFT
lHRU
RIGHT
\VB
LEFT
"'RU
RIGHT
INTERSECTION MVNT
SunsetDiWe Na
and 8W5SAve LEFT
THRU
RIGHT
sa
lEFT
THRU
RIGHT
EB
LEFT
"'RU
RIGHT
WB
LEFT
"'RU
RIGHT
INTERSECTION MVNT
SunselDrive NB
andU$-1 lEFT
"'RU
RIGHT
sa
LEFT
"!liRU
RIGHT
EB
"'RU
RIGHT
we
THRU
RIGHT
eKGD>: BACKGROUND
MVNT= MOVEMeNT
Noles:
"'05
VOLUMES
01113/2.005
BO
'" 21.
103
'" .,
" 361
80
165
344
62
2£10S
VOLUMES
£11/13/20£15
20
52
'5
21
12
10
127
'''' 27
42
355
"
2005
VOLUMES
01113120£15
47
299S
'7
19
13£12
138
57'
17
19. ,
PEAK
POAK SEASON
SEASON 2005
FACTOR VOLUMES
1.02 ".
1.02 5"
1.02 223
1.02 105
1.02 "5
1.02 .,
1.02 95
1.02 365
1.02 61
1.1)2 ". 1.£12 '" 1.£12 " PEAK
PEAK SEASON
SEASON 200'
F=ACTOR VOLUMES
1.02 20
1.02 " 1.02 ..
1.02 21
1.02 " 1.02 10
1.02 120
1.02 465
1.£12 26
1.02 '" 1.02 362
1,£12 97
PEAK
P£AK SEASON
SEASON 21105
FACTOR VOLUMES
1.02 48
1.£12 3OS5
1.02 48
1.02 19
1.02 "'" 1.02 141
1.£12 585
1.02 17
1.02 183
1.02 ,
[11 The background gr(l1Io/Ih reflects 1.87% per year a.s calculated In Table 6.
[21 The committed volUmes have been obtained from Table SO.
2£108
BKGD
VOLUMES
11]
.,
563
2"
111
'" "
100 ". "
17'
371
67
200S
aKGO
VOUlMES
0]
21
56
52
22
" 11
127
'92
"
" 383
103
200S
BKeD
VOLUMES
Nl
51
3233
51
20
1404
149
5"
19
204
4
2008 "'OS
COMM. a+c
VOLUMES VOLUMES
[21
0 87
4 587
0 236
0 111
" 34.
0 "
0 100
7 '" 0 "
0 17'
26 297
0 .,
200S 2£1£1S
COMM. a+c
VOLUMES VOUlMES
IZl
17 " 11 .,
3 55
0 " '0 " 0 11
• 137
0 492
31 81
13 " 0 S83
0 103
2008 ZO"
COMM. a'"
VOLUMES VOLUMES
~L
0 51
0 3233
0 51
0 20
0 14£14
0 149
62 6ao
0 1.
17 221
0 4
NET NEW
EXTERNAL 2aOB
PROJECT TOTAL
TRAFFIC VOLUMES
0 87
5 572
0 236
0 I 111
8 257
0 .5
0 100 • 405
0 64
0 175
16 410
0 67
NET NOW
EXTERNAL 2;008
PROJECT TOTAL
lTlA!'FlC VOLUMES
22 50
1. 61 • 6.
0 22
25 75 • 11
0 137 • 492
.sa 99
• ..
0 383
0 103
NerNEW
EXlERNAL . 2008
PROJECT TOTAL
TRAFFIC VOlUMES
0 51 • 3233
0 51
0 20 • 1404 • 149
38 718
0 19
22 243
0 4
N,.
4
.,.
5
TABLESB
SOUTH MIAMI MIXED USE DEVELOPMENT
INTERSECTION ANALYSES
EXl$l1NG AND PROJECTED TURNING MOVEMENTS", AM PEAK HOUR
OB-feb-05 AM PEAK HOUR
INTERSECTION MVNT
SW73SIIeet NB
and U&1 THRU
RIGHT
SB
LEFT
THRU
W8
LEFT
RIGHT
INTERSECTION MVNT
SW74 S\teet NB
andSW51 Ave LEFT
THRU
RIGHT
58
LEFT
THRU
RIGHT
EB
LEFT
THRU
RIGHT
W8
LEFT
THRU
RIGHT
BK.GO=o BACKGROUND
MVNT"" MOVEMENT
Notes:
200S
VOl.UMES
01/13/2005
3078
"
" 1282
" 54
"'.,
VOl.UMES
01113F200S
'0
788
32
24
472
"
7'
2B
24
29
21·
25
PEAK
PEAK SEASON
SEASON 20"
FACTOR VOLUMES
1.02 3140
1.02 ao
1.02 35
1.02 1308
1.02 84
1.02 55
Pi1AK
P"'" .SEASON
SEASON 2005
F.ACTOR VOLUMES
1.02 '0
1.02 '04
1.02 "
1.02 24
1.02 481
1.02 32
1.02 75
1.02 27
1.02 24
1.0Z ,.
1.02 21
1.02 2B
11J The background growth reflects 1.87% per year as ca!culetad JnTable (I.
IZ} The commUted volumes have been ablBined from Table 50.
2008
BKGD
VOl.UMES
OJ
3319
"
37
1383
89
" 2006"
BKGD
VOLUMES
OJ
21 ".
3S
26
5 ••
34
79
29
25
32
22
27
2006 "" COMM. B'"
VOLUMES VOLUMES
]2J
0 3319
" 111
0 37
• 1383
13 ,.2 • " 20.' 2008
COMM. B'"
VO~ES VOLUMES
15 " 15 '" ° 35
0 25 , 512 • 34
• 79 • 28 , 29
• 32 • 22 • 27
"ETNEW
EXTERNAL 2006
PROJECT TOTAL
TRAFRC VOLUMES
0 3319
" 14.
• 37
• 1383
17 119 • 5.
NI:TNEW
ElITE""AL '008
PROJECT TOTAL
TRAFFIC VOl.UMES
, 45
9 .74 • 35
• 25
5 61. • 34
• 79 • 29 • 35
• S2 • 22 • 27
N,.
1
N,. ,
No,'
3
TABLE8C
SOUTH MIAMI MIXED USE DEVELOPMENT
INTERSECTION ANALYSES
EXISTING AND PROJECTED TURNING MOVEMENTS -PM PEAK HOUR
OS-feb-OS PM PEAK HOUR
INTERSECTION MVNT
SunsatDJfve NB
and SW fil Ave LEFT
THRV
RIGHT
SS
LEFT
THRV
RIGHT
eB
LEFT
THRV
RIGHT
we
LeFT
THRV
RIGHT
INTERSECTION MVNT
SunaetDrive NB
and SW58 Ave LEFT
THRV
RIGHT
sa
LeFT
THRU
RIGHT ...
LeFT
THRV
RIGHT
we
LEFT
THRU
RIGHT
INTERSECTION MVNT
SunsatDrive NS
endUS.1 lEFT .
THRU
RIGHT
SB
LeFT
THRU
RIGHT
EB
THRU
RIGHT
we
THRU
RIGHT
BKGIP BACKGROUND
MVNT= MOVEM5f\lT
Notes:
,00'
VOLUMES
01l1Ji200S
84
330
170
" '" 341
10'
'66
102
'" 34'
72
200S
VOLUMES
0111312005
33
" 37
2. ...
39
131
"0
37
60
447
19'
2005
VOLUMES
01/1312065
115
2000
102
42
"99
271
4"
91
464
20
PEAK
PEAK SeASON
SEASON 200$
FACTOR VOLUMES
1.02 85
1.02 337
1.02 180
1.02 ff1
1.02 '" 1.02 34'
1.02 107
1.02 271
1.02 104
1.02 271
1.02 ,.,
1.02 73
PEAK
PEAK SEASON
SEASON 2005
FACTOR VOLUMES
1.02 34
1.02 '0
1.02 "
1.02 '" 1.02 " 1.02 40
1.02· 134
1.02 394
. 1.02 38
1.02 61
1.02 466
1.02 203
PeAK
PEAK SEt\SON
SEASOfll 2005
FACTOR VOLUMES
1.02 117
1.02 2040
1.02 104
1.02 43
1.(12 2855
1.02 278
1.02 495
1.02 9$
1.02 473
1.02 20
[1} The background orowlh mfleclli 1.B7%peryearas calculated In Table 6.
12l The commllf~ Vlliumes have been Q\rtajned from Tabla 68.
2008
BKGO
VOl.UMES
"'
91
356
190
92
63'
'08
113
266
110
,,.
375
77
200S
aKGO
VOLUMES
"'
so·
53
40
32
63
"
142
417
40
64
402
215
.200S
BKGD
VOLUMES
nl
124
2157
110
45
3018
292
523
"
500
"
2006 2008
COMM. B<C
VOLUMES VOLUMES
'"
0 91
16 '72
0 160
0 92
0 544
0 '"
0 113
" 318
0 110
0 2"
11 '" 0 77
2008 200B
COMM. B'" .
VOLUMES VOUJMES
'"
0 " 50 113
33 73
0 32
17 70
0 42
0 142
0 417
13 53
·6 O.
0 482
0 215
260B 200B
COMM. s'"
VOLUMES VOLUMES
'"
0 124
0 2157
0 110
0 45
0 3018
0 292
" 5s{)
0 "
n 577
0 21
NET NEW
EXIERNA1. 2Q08
PROJECT TOTAL
llW'AC VOLUMES
0 91
3 '7.
0 190
0 .2
1 "" 0 '61!
0 113 , 324
0 110
0 2.6
1 387
0 17
NET NEW
exTeRNAl. 200B
PROJECT TOTAl..
TRAFFIC VOLUMES
14 '0 • 122 , 7.
0 32
1 71
0 42
0 142
0 417
1 54
1 70
0 '182
0 215
NET NEW
EXTERNAL """ PROJECT TOTAL
TRAFPIC VOLUMES
0 124
0 2157
0 110
0 4.
0 3016
0 2'>2
1 551
0 ..
14 691
0 21
N.
4
No. •
TABLE 80
SOUTH MIAMI MIXED USE DEVELOPMENT
INTERSECTION ANALYSES
EXISTING AND PI'tOJECTED TURNING MOVEMENTS· PM PEAK HOUR
08·F!Jb.05 PM PEAK HOUR
INTERSECTION MVNT
sw 7S Street "" a1'ldUs.-1 l'HRU
RIGHT
S8
LEFT
THRU
we
LEFT
RIGHT
INTERSECTION MVNT
SW74 Street NO
ancl SW 57 Ave lEFT
THRU
RIGHT
SB
lEFT
THRU
RIGHT
EB
LEFT
TI-1RU
RIGHT
we
LEFT
TI-1RU
RIGHT
BKGD" BACKGROUND
MVNT= MOVEMENT
Notes:
2005
VOLUMES
0111312005
'''' 104
" 2770
290
102
2005
VOLUMES
01{131200S
" 413
21
19
53.
"
.3
32
41
eo
SO
4'
PEAK
PEAK SEASON
SEASON 2005
FACTOR VOLUMES
1.02-2227
1.02 106
1.02 " 1.02 2B25
1.02 ,M
1.02 104
PEAK
PEAK SEASON
SEASON 200$
FACTOR VOLUMES
1.02 26
1.02 '82
1.02 21
1.02 " 1.02 .'" 1.02 B6
1.02 54 ,.., " 1.02 .,
1.02 " 1.0l 51
1.02 46
[1] 'TIlebackgrotmd growth rellacts 1.87% peryear as calculated In Table a.
[2] The commUted volwnes have been obtained From Table 5B.
,,,.
BKGD
VOLUMES
(1J_
"54
112
,.
29"
'13
110
'DO' BKGO
VCIl.UMES
[1J
27
510
"
20
. G86
10
57
" 44
" 54
'"
ZOOB ZIlOS
COMM. '*C
VOLUMES VOLUMES
r~
0 ,354
21 133
0 36
0 29B6
59 372
0 110
2008 20118
COMM, B.C
VOLUMES VOUJMES
r.J
1 34
1 517
0 " • 20
19 700 • 10
0 57 , " " 63
0 64
0 54
0 '"
NETNEW
EXTERNAL 2008
PROJECT TOTAL
TRAFFIC VOLUMES
0 2354
1 134
0 ,.
0 29""
10 382
0 "' NETNEW
EXTERNAL 20DS
PROJECT TOTAL
TRAFFIC VOLUMss
1 35
1 . 518
0 22
0 " 3 708
0 7.
0 '7
0 35
3 B.
• '" 0 54
0 49
Table 9 -AM and PM Peak Hour Study Intersection LOS
Signalized Study Intersections AM Peak Hour AM Peak Hour PM P •• kHour PM Peak Hour
Existing LOS 2008 Total Traffic LOS· existing LOS 2008 Total Traffic LOS
Sunset Drive and SW 57 Avenue 0 0 0 0
Sunset Drive and SW 58 Avenue B e 0 0
Sunset Drive and US~ 1 e 0 0 E
SW 73 Street and US-1 B B B B
SW74 Streat.ndSW57 Avonue e G C C
Statutes & constitution :Vi"" Statutes: Online sunshine
SelectVear: 12014,-1 J .. ~I
The 20:14 Florida Statutes
TitltXI
COUNlYORGANlZAnoNAND·
INtERGOVERNMENTAL REl.AlloNS
Chapter 163
INTERGOVERNMENTAL
PROGRAMS
CHAPTER 1.63
nlTERGOVERNMENTAL PROGRAMs
PART I
MISCELL.ANEOUSPltOGRAMS
(iss. 163;01-,.3.08)
PARI'.II
View Entire
Chapter
(Jltownt pOUC'(;~OQNTY AI\ID ~I,IN'CIP~ PJ.ANNIN(J; LAN~ D.EVELOPMENT REGlILATION
(ss;t63;i5n-16.3.l25l)
Wiii"i!'1f~ 1!l!l!lil!l!!IJ
~j!{~'~ \lI!i __ ""U;:,I!_1iIiI
a_~_'I1I~I1J
PART IV
NEIGHBORHooP IMPROVEMENTDISTRlCrs.
(51. 163.501-163.52.6)
PARry
REGIPfilALTIWISPOJUATION.·AlITIiORITIES
(ss. 163.56.5"16.3.572)
PMTYl,
~Q~QRArIVE(:UENTINF~TI.ON $Y$TEMS
(,1.163061-163.65)
PMtl
t.\ISCELLANEOlIS Pl\QGRA.MS
163.01 FIOr1dalnterlcx:~copper:atlDIIActof 1969 .•
163.01 Councilsof'local pu61icDf(h::lal.s;
1 ~.1l4 Ei1ersydliMi;es~Qnreri~aliterE!$ourt~.
1~.Ol) Small CQunt)' Techhtt!i\~st!i,I1(;e progr,m,
,·1~·1l55 .~alqov.l'i)mern:·Fjrillriblal rJ!c;hnical~S!;arK;~ program.
163.06 Ml!ll!llltiVl!rC"mn1f§tWl'
163.061 Miam1ltfver(ommj~lpni unanimQIJS~ required for certain acts.
ht1p:llleg,State,ft,USIStatuteslli'ldex,cfm?App_inode-blsjllay_StatUte&URL=Ol00;Ol99101Wo163,hlml 1/175
5IZ712015 Statutes & Constitution :View Slatuies : Online Sunshine
jurisdiction; however, if the sponsor of the municipal overlay Is other than the county, the county may by
written a!lreement authoriE the sponsor to prepare some or all of a proposed municipal overtay.
(b) A municipal overlay shall be adopted as an amendment to the local !lovernment comprehensive plan
as prescrl bed by s. 163.3184.
(3) CONTENTS OF A MUNICIPAL OVERLAY.-A municipal overlay must contain:
(a) Boundary options for the creation of the new municipality.
(b) A feasibility study as outlined In chapter 165.
(c) A map of existing and proposed land uses In the area by type and density.
(d) Population projections for the area.
(e) Data and analysis relating to the provision of public facilities for the area.
(4) FUNDING OFTHE MU NICIPAL OVERLAY.-The development of the municipal overlay shall be funded
by the county unless there Is written a!lreement between the county and another entity to fund It.
HlstDry.--s. 7, ell. 96·416; I. 21, ell. 2011-139.
~li§l:lm:~ Short title; legislative intent.-
(1) Sections 163.3220-163.3243 may be cited as the "Florida Local Government Development Agreement
Act."
(2) The Le!lislature finds and declares that:
(a) The lack of certainty in the approval of development can result In a waste of economic and land
resources, dlscoura!le sound capital improvement plannln!l and flnancln!l, escalate the cost of housing and
development, and dlscoura!le commitment to comprehensive planning.
(b) Assurance to a developer that upon receipt of his or her development permit or brownfield desi!lnation
he or she may proceed In accordance with existln!llaws and policies, subject to the conditions of a
development agreement, strengthens the public planning process, encourages sound capital Improvement
plannin!l and financing, assists in assuring there are adequate capital facilities for the development,
encourages private partici pation in comprehensive planning, and reduces the economic costs of
development.
(3) In conformity with,. in furtherance of, and to implement the Community Planning Act and the Florida
State Comprehensive Planning Act of 19n, it is the intent of the Legislature to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of adequate public
facilities for development, encourage the efficient use of resources, and reduce the economic cost of
development.
(4) This intent is effected by authorizing local governments to enter into development agreements with
developers, subject to the procedures and requirements of ss. 163.3220·163.3243.
(5) Sections 1633220-163.3243 shall be regarded as supplemental and additional to the powers conferred
upon local governments by other laws and shall not be regarded as in derogation of any powers now existing.
HlstDry.--s. 19, ell. 86·191; s. 902, ch.95·147; s. 8, ch. 99·378; s. 22, th. 20,,· 139.
163.3221 Florida Local Government Development Aareement Act; deflnltlons.-As used in ss.
163.3220-163.3243:
(1) "Brownfield designation" means a resolution adopted by a local government pursuant to the
Brownfields Redevelopment Act, ss. 376.77-376.85.
(2) "Comprehensive plan" means a plan adopted pursuant to the Community Planning Act.
(3) "Developer" means any person, including a governmental agency, undertaking any development.
(4) "Development" means the carrying out of any building activity or mining operation, the making of
any material change in the use or appearance of any structure or land, or the dividing of land into three or
1lIlp:lneg.s1ate.n.us/StatutesJIndex.cfm?App_modeoDisplay_Statute&URL=OI01J-O1991016310163.html 991175
512712015 Statutes & Constitution :Vie'IN Slatules ; OnUre Sunshine
more parcels.
(a) The following acttv1tles or uses shall be taken for the purposes of this act to Involve "development":
1. A reconstruction, alteration of the S12, or material change In the external appearance of a structure
on land.
2. A change In the Intensity of use of land, such as an Increase In the number of dwelling unl" In a
structure or on land or a material increase In the number of businesses, manufacturing establishments,
offices, or dwelling unl. in a stlllCture or on land.
3. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, Including any "coastal
construction" as defined In s. 161.021.
4. Commencement of drilling, except to obtain soli SIImples, mining, or excavation on a parcel of land.
5. Demolition of a structure.
6. Clearing of land as an adjunct of constlllCtion.
7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(b) The following operations or uses shall not be taken for the purpose of this act to involve
"development":
1. Work by a highway or road agency or railroad company for the maintenance or Improvement of a road
or railroad track, If the work Is carried out on land within the boundaries of the right·of·way.
2. Work by any utility and other persons engaged In the distribution or transmission of gas or water, for
the purpose of inspecting, repairing, renewtng, or constructing on established rights·of-way any sewers,
mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.
3. . Work for the maintenance, renewal, Improvement, or alteration of any structure, if the work affec.
only the Interior or the color of the structure or the decoration of the exter10r of the structure.
4. The use of any structure or land devoted to dwelling uses for any purpose customarily Incidental to
enjoyment of the dwelling.
5. The use of any land for the purpose of growing plan., crops, trees, and other agricultural or forestry
products; raising livestock; or for other agricultural purposes.
6. A change In use of land or structure from a use within a class specified In an ordinance or rule to
another use In the SlIme class.
7. A change In the ownership or form of ownership of any parcel or structure.
8. The creation or termination of rights of access, riparian rights, easements, covenants concerning
development of land, or other rights In land.
(c) "Development," as designated In an ordinance, rule, or development permit Includes all other
development customarily associated with It unless otherwise specified. When appropriate to the context,
"development" refers to the act of developing or to the result of development. Reference to any specific
operation Is not Intended to mean that the operation or acttv1ty, when part of other operations or activities,
Is not development. Reference to particular operations Is not Intended to limit the generality of this
subsection.
(5) "Development permit" Includes any building permit, zoning permit, subdivision approval, reznlng,
certification, special exception, variance, or any other official action of local !lovemment having the effect
of permitting the development of land.
(6) "Governln!l body" means the board of county commiSSioners of a county, the commission or council
of an Incorporated municipality, or any other chief governing body of a unit of local government, however
designated.
(7) "Land" means the earth, water, and air, above, betow, or on the surface, and Includes any
improvements.or structures customarily regarded as land.
!ltIP:meg.state. n. us/SlatutesJi nd ... ctn ?App _ moc1e<' DisplaL Statule&U RL = 0100-019910163/0163. htm I 1001175
512712015 Statutes & Constitution :View Slatules : Online Sunshi ne
(8) "Land development regulations" means ordinances enacted by governing bodies for the regulation of
any aspect of development and includes any local government zoning, rezoning, subdlvfslon, building
construction, or sign regulations or any other regulations controlling the development of land.
(9) "Laws" means all ordinances, resolutions, regulatiOns, comprehensive plans, land development
regulations, and rules adopted by a local govemment affecting the development of land.
(10) "Local govemment" means any county or municipality or any special district or local govemmental
entity established pursuant to law which exercises regulatory authority over, and grants development permits
for, land development.
(11) "Local planning agency" means the agency designated to prepare a comprehensive plan or plan
amendment pursuant to the Community Planning Act.
(12) "Person" means any Indlvfdual, corporation, business or land trust, estate, trust,partnership,
association, two or more persons having a joint or common Interest, state agency, or any legal entity.
(13) "Public facil1tles" means major capftallmprovements, Including, but not limited to, transportation,
sanitary sewer, soUd waste, drainage, potable water, educational, parks and recreational, and health systems
and facil1ties.
(14) "State land planning agency" means the Department of Economic Opportunity.
HiStory.·". 20, ell. 86·191; s. 4, ch. 92·129; s. 9, ch, 99·378; .. 23, tho 2011-139; s. 10, ch. 2012·96.
163.3223 Appllcability.-'Any local government may, by ordinance, establish procedures and
requirements, as provided in 55. 163.3220-163.3243, to consider and enter Into a development agreement
with any person having a legal or equitable Interest In real property located within its jurisd1ction.
History.·". 21, ch, 86·191.
163.3225 Public hearlngs.-
(1) Before entering Into, amending, or revoking a development agreement, a local government shall
conduct at least two public hearings. At the option of the governing body, one of the public hearings may be
held by the local planning agency.
(2)(a) Notice of Intent to consider a development agreement shall be advertised approximately 7 days
before each public hearing in a newspaper of general circulation and readership In the county where the local
government is located. Notice of Intent to consider a development agreement shall also be mailed to all
affected property owners before the first public hearing. The day, time, and place at which the second public
hearing will be held shall be announced at the first public hearing.
(b) The notice shall specify the location of the land subject to the development agreement, the
development uses proposed on the property, the proposed population densities, and the proposed building
intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.
History.·". 22, ch, 86·191.
163.3227 Requirements of a development agreement.-
(1) A development agreement shall include the following:
(a) A legal description of the land subject to the agreement, and the names of Its legal and equitable
owners;
(b) The duration of the agreement;
(c) The development uses permitted on the land, Including population densftles, and building intensities
and height;
(d) A description of public facilities that will service the development, Including who shall provide such
facilities; the date any new facilities, If needed, will be constructed; and a schedule to a55ure public
facil1tles are available concurrent with the Impacts of the development;
NIP:tnegslale.fl.usISla1u1esJIndex.cfm'App_modeoDisplaLSlalu1e&URL=0100-01991016310163.h1m1 1011175
512712015 Stat.utes & Constitution :View Statules ; Onlire Sunshine
(e) A description of any reservation or dedication of land for public purposes;
(f) A description of all local development permits approved or needed to be approved for the
development of the land;
(!I) A finding that the development penmltted or p~ Is consistent with the local !lovernment's
comprehensive plan and land development regulations;
(h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary
by the local !lovernment for the public health, safety, or welfare of Its citizens; and
(I) A statement Indlcatin!l that the failure of the agreement to address a particular permit, condition,
term, or restriction shall not relieve the developer of the necessity of complyln!l with the law !lovernln!l said
permittln!l requirements, conditions, term, or restriction.
(2) A development a!lreement may provide that the entire development or any phase thereof be
commenced or completed within a specific period of time.
Hlltory.--1O. 23,01.86·191; s. 31, 01. 91-45.
163.3229 Duration of a development agreement and relationship to local comprehensive plan.-
The duration of a development a!lreement may not exceed 3D years, unless It Is extended by mutual consent
of the !lovernin!l body and the developer, subject to a public hearing In accordance with s. 163.3225. No
development a!lreement shall be effective or be Implemented by a local government unless the local
government's comprehensive plan and plan amendments implementln!l or related to the agreement are in
compliance with s. 163.3184.
Hlstory.--1O. 2~, 01. 86-191; s. 32, 01_ 91-45; 5. 11,01.92-129; s. 5, tho 2007·204; s. 24,01. 2011-139_
163.3231 Consistency with the comprehensive plan and land development regulatlons.-A
development agreement and authori:l!!d development shall be consistent with the local government's
comprehensive plan and land development regulations.
Hlstory.--1O. 25, 01. 86-191.
163.3233 Local laws and policies governing a development agreement.-
(1) The local !lovernment's laws and policies !lovernin!l the development of the land at the time of the
execution of the development agreement shall !lovern the development of the land for the duration of the
development a!lreement.
(2) A local !lovernmentmay apply subsequently adopted laws and policies to a development that Is
subject to a development agreement only If the local government has held a public hearing and determined:
(a) They are not In conflict with the laws and poliCies !lovernin!l the development agreement and do not
prevent development of the land uses, Intensities, or densities In the development agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to
a development that Is subject to a development a!lreement;
(c) They are specifically anticipated and provided for In the development a!lreement;
(d) The local !lovernment demonstrates that substantial changes have occurred in pertinent conditions
existln!l at the time of approval of the development agreement; or
(e) The development agreement Is based on Slbstantially inaccurate information supplied by the
developer.
(3) This section does not abro!late any rights that may vest pursuant to common law.
Hlstory.--1O. 26,01.86-191.
163.3235 Periodic review of a development agreement.-A local government shall review land
subject to a development agreement at least once every 12 months to determine if there has been
1It1p:megsl.le.ft.1IS/SIa1utesnnd""."""?App_mo<1eoDispl.y_Slatute&URL·01~01 99/016310163.1I1ml 1021175
512712015 Statutes & Constitution :View Slatutes ;,Online Sunshine
demonstrated good faith compliance with the terms of the development agreement. If the local govemment
finds, on the basis of substantial competent evidence, that there has been a failure to com ply with the terms
of the development agreement, the agreement may be revoked or modified by the local govemment.
Hfstory.·-s. 27. 01. 86·191; s. 12. en. 92·129; s. 25. 01. 2011-139.
163.3237 Amendment or cancellation of a development agreement.-A development agreement
may be amended or canceled by mutual consent of the parties to the agreement or by their successors in
Interest.
Hfstory.--s. 28, 01. 86-191.
163.3239 Recording and effectiveness of a development agreement.-Wtthin 14 days after a local
govemment enters Into a development agreement, the local govemment shall record the agreement with the
clerk of the circuit court In the county where the local govemment Is located. A development agreement Is
not effective until It Is properly recorded in the public records of the county. The burdens of the development
agreement shall be binding upon, and the benefits of the agreement shall Inure to, all successors in interest to
the parties to the agreement.
Hfstory.--s. 29,01.86-191; 5.13. th. 92-129; s. 26, en. 2011-139.
163.3241 Modification or revocation of a development IIIreement to comply with subsequently
enacted state and federallaw.-If state or federal laws are enacted after the execution of a development
agreement which are applicable to and preclude the parties' compliance with the terms of a development
agreement, such agreement shall be modified or revoked as is necessary to. comply with the relevant state or
federal laws.
Hfstory.--s. 30. 01. 86-191.
163.3243 Enforcement.-Any party or aggrieved or adversely affected person as defined In s.
163.3215(2) may file an action for injunctive relief in the circuit court where the localgovemment is
located to enforce the terms of a development agreement or to challenge compliance of the agreement with
ss. 163.3220-163.3243.
Hfstory.--s. 31,01. 86-191; •• 27, en. 2011-139.
163.3245 Sector plans.-
(1) In recosnition of the benefits of long-range planning for specific areas, local govemments or
combinations of local govemments may adopt Into their comprehensive plans a sector plan in accordance
with this section. This section is intended to promote and encourage Iong·term plannIng for conservation,
development, and agriculture on a landscape scale; to further support innovative and flexible planning and
development strategies, and the pu!pOSeS of this part and part I of chapter 380; to facilitate protection of
regionally significant resources, including, but not limited to, regionally significant water courses and
wildlife corridors; and to avoid duplication of effort in terms of the level of data and analysis required for a
development of regional impact, while ensuring the adequate mitigation of Impacts to applicable regional
resources and facilities, including those within the jurisdiction of other localgovemmenil, as would
otherwise be provided. Sector plans are intended for substantial geographic areas that include at least 15,000
acres of one or more local govemmental jurisdictions and are to emphasize urban form and protection of
regionally significant resources and public facilities. A sector plan may not be adopted In an area of critical
state concem.
(2) Upon the request of a local govemment having jurisdiction, the applicable regional planning council
shall conduct a scoplng meeting with affected local govemments and those agencies Identified In s.
163.3184(1 )(c) before preparation of the sector plan. The purpose of this meeting is to assist the state land
IllIp:tneg.slale.fl.us/SlaiutesR ""ex.eIm? App _ m(J(1ee D is piaL Slalute&U RL" 01 00-0199/016310163.hlm I 1031175
MIAMI DAILY BUSINESS REVIEW
Published' Dally except Saturday, Sunday and
legal Holidays
Miami, Miamj·Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
M, ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daify Business
Review f/kfa Miami Review, a daily (except Saturday, Sunday
and Lega! Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Le!;l"al Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARING
CITY COMMISSION MEETING FOR JUNE 2, 2015 .
in the XXXX Court,
was published in said newspaper in 1he Issues of
05/22/2015
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Miami~Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday. Sunday and Legal Holidays)
and has been entered as second class mail matter at the-post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has nerther paid nor promised any person, firm or corporation
any discount, rebate, commission or rerund fqr Ihe purpose
of securing this advertis en r publication in the said
newspaper,
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NonCE IS HEREBY given that the City Commission of the City of South
Miami, Aorida will conduct public Hearlng(s) at its regular City
Commission meeting scheduled for Tuesday. June 02. 2015 beginping
at 7::00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
considerthefollowing item(s):
A Resolution authorizing the City Manager to extend the existing
agreement to the end of the fiscal year and to enter Into a 3 year
agreement with Gomez Barker AssoCiates, Inc. for lobbying
Services as required by the City.
A Resolution approving a variance based on an application to
permit 3,600 square foot lot where a minimum of 6,000 square
feet is required, to pennit a frontage ot 40 feet where 60 feet Is
required, and to pennit an interior side setback of 5 feet where a
minimum of 7.5 feet is required, for a new two-story residence
located at 6345 SW 62 Avenue, South Miami, Aoride.
A Resolution approving a variance based on an application 10
allow a building coverage of 30.6% where a maximum of 30"/0 is
required, for a one-story addrtion to a slngle family residence
located at7630SW 57 Court, South Miami, Florida.
" An Ordinance amending Sec. 8A~1 (e) of Chapter 8A 01 the City
of South Miami's COde of Ordinances to provide an exception for
solicitation of gifts sponsored by non-profit organizations or that
benefit the CUy and adopting. appUcable portions of the Mlami~
Dade County et~ics ordinance concerning such exceptions,
An Ordinance amending the Development Agreement between
South Miami Corporation and.the City of South Miami fOf the
development of the project known as ~Prolet:t Sunser, enacted
on June 14, 2005, amended on December 4. 2012, to extend the
expiration date from June 14,2015 to June 14, 2025, and to
permit amendments agreed to between South Miami Corporation
and the City 01 South Miami.
ALL interested parties are invited, to attend and will be heard.
For further information, please .contact the City Clerk's Office at:
305-663-6340.
Marla M. Menendez, CMC
city Clerk
Pursuant to Ronda Statutes 286.0105, the City hereby advises the public
that if a .person decides to appeal any decisIon made by this Board,
Agency or Commission with respect to any matter considered at Its
meeting or hearing, he or she will need a record of the prooeedings, and
thatfor:such purpose, affected person may nead.toensura tnata verbatim
record of the proceedings is made which record includes the testimony
and e~jdenceupon Which the appeal is to be based.
5/22 15-3-20112444656M
MIAMI DAILY BUSINESS REVIEW
Published Daily $xcep.t Saturday. Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Reviewflkla Miami Review, a daily (Illxcept Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a legal AdvertIsement of Notice in the matter of
CITY OF SOUTH MIAMI • NOTICE OF INTENT TO AMEND
DEVELOPMENT AGREEMENT ·1ST PUBLIC HEARING 6/2/15, ETC
in the XXXX Court,
was published in said newspaper in the issues of
0512212015
Affiant further says that the said Miami Daily Business
Review fs a newspaper published at Miami in said Mjamj~Dade
County, Rorida and that the said newspaper has
heretofore been continuously pUblished in said Miami~Dade County,
Florida, each day (except Saturday. Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami·Dade County, Florrda, tOT a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, finn or corporation
any dIscount, rebate, commission or refund for the purpose
of securing this adv' en r publication In the said
newspaper.
CITY OF SOUTH MIAMI
NOTICE OF INTENT TO
AMEND DEVELOPMENT AGREEMENT
First Public Hearing ~ Tuesday. June 2. 2015, at 7:00 P.M.
at South Miami City" Commission. City HaJl( 6130 Sunset Drive, South
Miaml,FL
Second Public Hearing -ThursdaY.June 11,2015 at 5:30 P.M.
at South Miami City Commission, CIty Hall, 6130 Sunset Drive, South
Miami,FL
~. South Miami Corporation
l..MQ • 5750 Sunset Drive (SW 72 Street) • together with property bound
by SW73 Street on North, SW 57 Court on East, SW 74 Street on Soutl1,
SW 58 Avenue on West and together with one·haff block at the northwest
·oornerofSW74 Street and SW 58 Avenue.
Oevelopment Uses Approved -Mixed-Use Residentlal·OtrfCe, known as
"Prpjaot Sunset"-Retail project with up to 1 08 residential units, and uses
including a bank and up to four(4) restauran1$, wilh buildings up to 56 feet
in height.
Proposed l" !ses . No Change
Proposed-Amendments-
(1) To extend the expiration date in· the Development Agreement
from June 14, 2015toJune 14.2025.
(2) Any ·other Amendments agreed to &tween South Miami
Corporation andtheCIty of South Miami.
A copy of the proposed Amendment to the Development Agreement may
be obtaIned at the City of South Miami City Clerk's Office. 6130 Sunset
Drive, South Miami, Ffoitda33143. .
ALL interested parties are lnvlted to attend and will be heard.
f:"or further informatlon. please oontact the City Clerk's Office at:
305·663-630\0.
Maria M. Menendez, CMC
CIJyClerk
Pursuant to FlorIda Statutes 2S6.0105.1he CIty hereby advises the public
.that i{ a parson decides to appeal any decision made by this Board.
Agency or .commission witll respect 10 any matter considered at its
meeting or hearing, he or she will need a record Of the proceedings, and
that for such purpose. affected person may need to ensure thata verbatim
ret::ord of. the proceedings is made which record Includes the testimony
and evidence upon which the appeal is to bebased,
5122-.... '. . . 15·3·2OOl2444655M
20SE I SUNDAY, MAY 24, 2015 SE ".,""""'"""""""""'""---""""""""'"""""'" -'i"'[
~. 00~'\ '(::1:')" \~l ~'"
CITY OF SOUTH MIAMI COURTESY NOTICE
NOTICE IS HKREBY given that the City Commission "ftbe CityofSoulh Miami, f\orida1oVill ronduct Public Hearini?\s)
., its TIlgular City CommillSion meeting sdlednled for T"£ .. '",, f"or 2 21115 t>egi.oning at 7:00 'p.m, in the City Commission
Cho:nibeni, 6130 Sunset Dnve. to con.,ider !he follOWing ltemts}:
(
A Resolution authorizing the City Manager to extend the el(isting agreement to the end of
the fiscal year and to enter into a 3 Year agreement with Gomez Sarkar ASSQciates, 1m:. for
Lobbying Services as required by the City.
A Resolution approving a variance based on an application to permit 3,600 square foot lot
where a minimum of 6,000 square feet is required, to permit a frontage of 40 feet where 60
feet is required, and to permit an interior side setback of 5 feet where a minimum of 7.5 feet is
required, for a new two-story residence located at 6345 SW 62Avenue, South Miami, Florida.
A Resolution ilpproving a vilriilnce bilsed on iln ilppJiciltion to allow a building coverage
of 30.5% where a maximum of 30% is required, for a one-story addition to a single family
residenl:E! located at 7830 SW 57 Court, South Miami, Florida. ..
An Ordinance amending Sec. 8A-' (e) of Chapter 8A of the City of South Miami's Code
of Ordinances to provide an exception for solicitation of gifts sponsored by non-profit
organizations or that benefit the City and adopting applicable portions of the Miami-Dade.
County ethics ordinanl:E! concerning such eXl:E!ptions. )
An Ordinance amending the Development Agreement between South Miami Corporation
and the City of South Miami for the development of the project known as ~Project Sunset~
enacted on June 14, 2005, amended on December 4, 2012, to extend the expiration date from
June 14, 2015 to June 14, 2025, and to permit amendments agreed to b-etween South Miami
Corporation and the City of South Miami.
ALL interested parties are invited to :rtte.od and will be heard.
For further infonnati,m, pk-ase clllll3ct the C'ily Clerk's Offke at: 305-663·6340
Mnria IV!. Mcncndou, CMC
City Clerk
p.........u If' f1<>rido St.tme.1SfJ.OI05, 11>: City bere")' .,h;""'!he pu~Jic th.t if a pc=n dccid., toapp".l any d""i,illDm.do by this Bo.ro,J\~
or Cmomi>.iUD .... ith ""'peet to aD}' m:rttor ,~,...idc",,"-.J .t it:llll>!\.'\iIlg or heating, he or me willll"c-.J a =til <>ftllo PI'"","-.JiDg.<. aud that ft'f ,uch
p.."...." .ff<XIed pors<lu m.y Doed to == ""'t n '''',batjm tecnrd <>ftbe p!O<eedmgs i. m:ld .... hiclJ ~ord inclndos!be testimony nnd ""idoru:e
opon whioh tho appeal j, t,,"too h.,ed.
MiamiHerald.com MIAMI HERALD
PALMETTO BAY
Palmetto Bay Council
talks traffic; residents vent
BY MONIQUE O. MADAN
mmadan@MiamiHerald.com
The Village of Palmetto
Bay Council met on Monday.
THE MAIN ITEM
Residents vented at the
Village HaIl podiwn Monday
night, telling thcir tales of ter-
rible traffic on their streets.
The mayor and council
members listened and then
discussed traffic calming ini-
tiatives, such as speed bwnps,
traffic circles and signs that
would fllter non-residential
traffic during certain times of
the day.
Councilman Tim Schaffer.
who brought the item to the
agenda, warned residents
that although they will dis-
cuss possible solutions. the
village has ''no say" in what is
done on the roads.
"Our roads were con-
structed by Miami-Dade
County," Schaffer said. ''We
have no control over penna-
nent decisions on county
roads."
Schaffer was referring to
main artery roads such as
U.S.l, Southwest 136th Street,
152nd Street, 168th Street and
184th Street, as well as 87th
~ Avenue, 77th Avenue and
parts of 67th Avenue.
"Those are all county
roads; we can't touch those.
We can make suggestions,
but we can't take initial
responsibility," he said.
OTHER BUSINESS
• Village manager: The
council deferred an item re-
garding a new village manag-
er position to the next meet-
ingon]unel
THEY SAID IT
''We can make temporary
calming adjustments to our
interior roads, but it can't be
on major roads. And you
have to understand that it's
going to take cooperation
from the neighbors."
-Councilman Schaffer
YOU SAID IT
"I don't really like the
speed bump idea but at this
point, anything will help ...
spikes?"
-Palmetto Bay resident
THE NEXT MEETING
• When: 7 p.m. June 1
• Where: 9705 E. Hibis-
cusSl