Res. No. 070-95-9619RESOLUTION NO.70-95-9619
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,APPROVING THE SECOND
APPLICATION FOR SPECIAL EXCEPTION BY SUNSET RED,LTD.FOR
A MODIFIED PLAN OF DEVELOPMENT FOR THE BAKERY CENTRE,
CONTAINING FINDINGS OF FACT,CONCLUSIONS OF LAW AND AN
ORDER;PROVIDING AN EFFECTIVE DATE.
WHEREAS,theapplicant,Sunset Red,Ltd.,submitted an
ApplicationforaSpecial Exception,datedNovember 15,1994(first
application),foraprojectknownastheBakeryCentre
Redevelopment;and,
WHEREAS,the City Commission,in accordance with the
applicablerequirementsof law,approvedthefirstapplicationby
Resolution No.134-94-9536,dated December 6,1994;and,
WHEREAS,the applicant proposes a material change tothe
previously approved plan of development andthe applicant submitted
another Application foraSpecialException,dated April 14,1995
(second application);and,
WHEREAS,the applicant seeksa special exception from the
requirements of the Hometown District Overlay Ordinance,found in
Ordinance No.19-93-1545;and,
WHEREAS,the City Commission is authorized by Ordinance No.
19-94-1569 to grant a special exception upon a demonstration by the
applicant of satisfaction of the criteria found in Section 20-7.51
of the City of South Miami Land Development Code;and,
WHEREAS,the City Commission is authorized to prescribe
reasonable conditions,restrictions and limitations it deems
necessary or desirable in order to preserve and promote the intent
of the Hometown District Overlay Ordinance;and,
WHEREAS,the City of South Miami Planning Board,after
appropriate legal notice,conducted a public hearing on April 25,
1995,and recommended approval (5to0)of the second Application
for Special Exception;and,
WHEREAS,on May 2,1995,the City Commission,after complying
with all pertinent notice requirements of the Florida Statutes and
the City of South Miami Land Development Code and Code of
Ordinances,conducted a quasi-judicial public hearing on the
Application for Special Exception;and,
WHEREAS,all procedural requirements of the laws of the State
of Florida and the Land Development Code of the City of South Miami
have been met;and,
WHEREAS,the City Commission,after weighing all the competent
evidence presented at the hearing,has determined that (1)the
Application for Special Exception should be granted and (2)
approval of the application subject to the conditions and
requirements specified in this Resolution will further the
interests of the health,safety and welfare of the citizens and
residents of,and businesses in,the City of South Miami.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Development Identification.
(a)The name of the development is:THE BAKERY CENTRE.
(b)The legal description of the property included in the
Bakery Centre development is attached to this Resolution
as Exhibit 1.
(c)The name of the applicant is:
Sunset Red,Ltd.
c/o Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
(d)Thenameoftheauthorizedagentfortheapplicant is:
Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
(f)Application for Special Exception.
(1)The proposed 699,984 ft.2 development includes:
397,000 ft.2 ofretailspace (including 47,000 ft.2 of
restaurant space);80,000 ft.2of movie theater space for
4,600seats;40,500 ft.2 of residential spacefor40
dwelling units;62,000 ft.2of mall,service and
miscellaneous space;120,484 ft.2 of exterior circulation
space;and,580,615 ft.2 of parking garage for
approximately 1,698parkingspaces.Thedevelopment
F.A.R.,not including the parking garage,is1.59.
(2)The Application for Special Exception consists of
the application and all plans and other documents,that
are annexed and made a part of this Resolution as Exhibit
2.
Section 2.Findings of Fact,Conclusions of Law and Order.
FINDINGS OF FACT.
1.The recitals in the Whereas clauses and the statements in
Section 1 are incorporated into and made a part of these findings
of fact.
2.The staff report for the Sunset Red,Ltd.Special
Exception Application,dated April 22,1995,providing a
description of the development,evaluation and recommendations is
annexed as Exhibit 3 and made a part of these findings of fact.
3.The property is located within the boundaries of the
Hometown District and the requirements of the Hometown District
Overlay Ordinance apply.
4.The proposed development is not in strict compliance with
the requirements of the Hometown District regulations.
5.Based on the Application for Special Exception and the
representations of the applicant,the applicant has satisfied its
burden of demonstrating that:
a.The proposed development contributes to,promotes and
encourages the improvement of the Hometown District and
catalyzes other development as envisioned in the Hometown
District regulations.
b.The proposed development is compatible with the land uses
and development intensities prescribed by all applicable
city regulations.
c.The proposed development must possess integrity of design
compatible with the design criteria established for the
Hometown District and with the overall image oftheCity.
d.The proposed developmentshallbe designed inamanner
that provides for effective management of traffic
(vehicular andpedestrian),parking,lighting,noiseand
waste generated by the development,and management of the
impactsofthedevelopmentonpublicfacilitiesand
services.
e.Theproposeddevelopmentdoesnotexpandthepermitted
uses within the Hometown District.
f.The proposed development will not have an unfavorable
effect on the economy of the City of South Miami.
g.The proposed development,when considered cumulatively
with other development,both present and future,within
the Hometown District,will not create excessive
overcrowding or concentration of people or population.
6.Further review and approval of detailed development plans
and specifications is required prior to issuance of any development
permits to assure compliance with the criteria for approval
contained in paragraph 5of this section.
7.The development will be integrated into the surrounding
area,promote pedestrian traffic along U.S.1,Sunset Drive and Red
Road,facilitate pedestrian traffic between the development andthe
South Miami Metrorail Station,encourage pedestrian traffic between
the development and business inthearea,provide sufficient
parking,provide a integration anda convenient spatial
relationship between theresidentialuseand parking andother
uses,provide adequate internal circulation and functional valet
parking,provide adequate open space and landscaping,and assure
continuous maintenance of private common areas and facilities.
8.The development will impact theareaofthe downtown
district,which is described as the Hometown District and
delineated on the HD Regulating Plan.The applicant has committed
to integrate the development into the Hometown District and has
made adequate provision tomitigatetheimpactsonthestreetsin
the area.
9.The development is consistent with the land use
designations forthe property specifiedinthe City ofSouthMiami
Comprehensive Plan andtheHometownDistrict Overlay District
created by Ordinance No.19-93-1545.
10.The development is consistent with the applicable
provisions of the City of South Miami Land Development Code,andit
iswithinanauthorizedmodificationtoapreviouslyapproved
Development of Regional Impact by Resolution No.133-94-9534.
11.The development is consistent with the City of South
Miami Comprehensive Plan andits Land Development Code.
CONCLUSIONS OF LAW.
12.The applicant has met its burden to demonstrate that it
isentitledtorelieffromstrictcompliancewiththe requirements
oftheHometownDistrict regulations.Theburdenis met,in part,
bythe representations ofthe developer atthe public hearings on
thefirstandthesecond applications,andbytheconditionsinthe
orderwhichrequirefurtherreviewandapprovalofdetailed
development plans and specifications to assure compliance with the
criteria for approval contained in paragraph 5of this section.
ORDER.
13.The application for Special Exception is granted subject
to the conditions contained in the following Development Approval.
Section 3.Development Approval.
The modified development plan identified in Exhibit 2is
approved subject to the following conditions:
SPECIFIC CONDITIONS.
1.The Specific Conditions and the Statutory and General
Conditions of the development approval in Resolution No.133-94-
9534 are incorporated into and madeapartofthis Resolution.
2.Building heights shall be limited to the heights shown on
the drawings of building elevations submitted into evidence at the
May 2,1995 hearing on the application.
3.As an incentive to increase the amount of residential use
of the development,the applicant may expand the residential use
from40,500 ft.2 (approximately40d.u.s)to100,000 ft.2
(approximately 100d.u.s).To accomplish an increase in the
residential use,the increase in the total buildable area of the
development by an amount corresponding to the area ofthe
additional residential unitsand related common areas {e.g.
hallways,walkways,parking)shallnotbea material change
requiring a new special exception.The expansion will be allowed
by the City upon compliance with all other requirements ofthis
Resolution and the Land Development Code,and upon demonstrating
that sufficient parking is available.
The applicant shall:
4.Provide for the functional integration of the development
with the surrounding "hometown"town center.As guidelines for
achieving functional integration,the applicant shall comply with
the following:
a.The architectural standards in Sections 20-7.15,20-7.16,
20-7.17,20-7.18,20-7.19,20-7.20,20-7.21,20-7.22,20-7.23,
20-7.24 and 20-7.25 of the Land Development Code,with such
variations as may be approved by the Environmental Review and
Preservation Board (ERPB)at the time of site plan and
building permit review.Any variations to the architectural
standards shall be the minimum necessary to maintain integrity
of design.Roofs shall be white where feasible.
Notwithstanding the site plan submitted with the second
application,arcades shall be provided along 75%of the
building frontage on Red Road.
b.The street standards in Section 20-7.26 of the Land
Development Code,with such variations as are depicted on the
plans in Exhibit 2of this Resolution.Any change in the
plans by the applicant that decrease variations from street
standards shall not be a material change requiring a new
special exception.
c.Architectural and landscape elements shall be designed to
create a harmonious relationship between development and the
surrounding town center.This will allow for individual
expression in design style but provide harmony through the use
of common design elements.
d.Loading docks,solid waste facilities,mechanical
equipment,electrical vaults,closets or equipment shall not
be located along,facing,or visible from U.S.1,Red Road,
Sunset Drive,and 58th Avenue and the Metrorail system.
5.Provide for the physical integration of the residential
use on Sunset Drive with the other permitted uses.As guidelines
for achieving physical integration,the applicant shall comply with
the following design criteria:
a.A unified and well organized arrangement of buildings,
service areas,parking,pedestrian and landscaped common areas
shall provide for security and maximum comfort and convenience
to occupants and visitors.
b.Residential units shall be conveniently located in
relation to parking areas.
6.Design andconstructinteriorroadwaystocode
requirementsforwidth,strength,intersection geometry,and turning
radiiforfireand emergency rescueequipment.Theinterior
roadways shall remain open and the applicant shall not construct
principal buildings,accessory buildings,or structures inthe
roadways.The foregoing shallnot preclude the use of reasonable
limitationsonuseandaccessforthe life,safetyandwelfareof
thepublicandusers.Theapplicantshallberesponsibleforthe
maintenance ofthe interior roadways,sidewalksandcommon
facilities ingoodandclean condition.Theapplicantshallclean
public sidewalks.
7.Provideforon-streetparkingoninteriorroadwaysandon
SunsetDriveandRedRoad,andunifiedsignage,ifjustifiedand
allowed.
8.Facilities and access routes for retail and restaurant
deliveries,servicing,and maintenance shall be located in the
interior of the development and arranged to prevent interference
with pedestrian traffic.
9.Demonstrate that adequate parking is provided for the
development.The applicant shall provide documentation acceptable
to the Director of the City's Building,Zoning and Community
Development Department that details proper functioning of on-site
and off-site parking.The documents shall include,at a minimum,
collection,stacking,gate operations and all aspects of valet
operations.The documents shall be provided to the City and
accepted by the Director prior to the issuance of the first
building permit.The City shall retain a consultant to review the
documents.Reimbursement ofcostsshallbepaidbythe applicant
to the City prior to issuance of the permit.The Director shall
certify that adequate parking is available asa requirement to
issuing Certificates of Occupancy.
10.Provide day care services to meet the need of employees
of businesses of the development.The applicant shall submit a
report on the scope of need for day care services to the Director.
The design for day care facilities shallbe submitted for site plan
review.
11.Design and construct improvements for pedestrian
crossings across U.S.1 at the intersection with Sunset Drive.The
design for the improvements shall be consistent with the
improvements to Sunset Drive between that intersection and Red
Road.The applicant shallbe required to pay no more than
$50,000.00.The improvements shall be completed,as evidenced by
a Certificate of Satisfaction,not later than 1 year from the
effective date of this Resolution.
12.Contribute $50,000.00 a year for the first two years and
then $83,333 for the next three years tobe used exclusively for
design and improvement to streets,other than Sunset Drive,in the
Hometown District.The City will provide funds to match the
applicants'payments.The design of the improvements shall be
compatible with the Hometown District developing regulations.The
first payment shall be received not later than 1 year after issuing
the first building permit.The unpaid balance shall be paid prior
to issuance of the final Certificate of Occupancy for the
development.
13.Comply with the Open Yard Space requirements of Sections
20-7.7,20-7.8 and 20-7.9 of the Land Development Code.The
minimum 5%requirement applies to property owned or occupied by the
applicant after satisfying dedication requirements.
14.Extend water mains to serve the development to provide an
adequate supply of potable water and ensure sufficient pressure and
flow capacity for fire hydrants,and relocate utilities on the
property and in public rights-of-way,if needed,at no cost to the
City.
15.Prohibit deliveries to the loading docks,street cleaning
and solid waste removal between the hours of 5:00 p.m.and
midnight.
16.Cooperate with the City of South Miami Police and Dade
County Fire departments and Dade County Emergency Medical Services
to incorporate reasonable and necessary security and safety
measures soas to provide for adequate emergency medical services.
17.Provide adequate security for the safety of property and
persons on the premises.Adequate security will be established by
conducting a security audit bya qualified professional.The
security audit shall consider all relevant factors,including
physicaldesign,types andleveloflighting,control ofpointsof
ingress and egress to buildings and common areas,electronic
surveillance,andnumbersofofficersandschedulesfora security
force.The applicant shallevaluatehiring off-duty police
officersofthe City ofSouthMiamiPoliceDepartmenttoprovide
security services.If requested by the City Manager,the applicant
shall cooperate in establishing aspecial taxing districtinthe
downtown area for security purposes.
18.Establish on-site parkingpoliciesandchargesfor
parking facilities.Thefirstfullhourof parking shallbefree
toall users regardless of their destination.The applicant shall
extend the same parking price benefits provided to project tenants
to all of the Red/Sunset area merchants and their customers.The
policiesshallbe subject totheapprovalofthe City Manager.
19.To the end that full traffic and pedestrian flow can be
maintained on City right-of-ways duringthe course ofconstruction,
submit to and receive the approval of the Director ofa traffic
maintenance planfortheentireconstruction period priortothe
issuance of any building permits.Theplanshall demonstrate that
circulationcanbemaintainedinrelationtothevariousstagesand
sub-stagesofthedevelopment.Iftrafficand pedestrian flow
cannotbe maintained asproposed,then staging shallbe changed
accordingly.
20.Record a Declarations and Restrictive Covenants in the
publicrecordsofDadeCounty,Florida,providingfortheperpetual
maintenance ofallinternalandperipheralproject roadways,
sidewalks,lighting,landscaping,irrigation,parking facilities,
exterior building facades,loading areas,solid waste facilities,
mechanical equipment,and all other common areas and elements.The
instrumentshallrunwiththelandandbebindingonsuccessorsor
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assigns.The instrument shall be approved by the City Attorney and
recorded prior to the issuance of the first Certificate of
Occupancy.
21.Record a Public Easement in the public records of Dade
County,Florida,granting the City and other public authorities
rights of access over and to the common areas and elements
described in paragraph 2 for the purpose of providing emergency
medical,fire rescue,fire response,law enforcement,inspection,
maintenance and other governmental functions.The instrument shall
be approved by the City Attorney and recorded prior to the issuance
of the first Certificate of Occupancy.
22.Record Deeds of Dedication in the public records of Dade
County,Florida,for previously dedicated,but unrecorded,rights-
of-way along Sunset Drive,Red Road and U.S.1.The instrument
shall be approved by the City Attorney and recorded prior tothe
issuance of the first building permit.
23.Diligently continue construction under the project
construction schedule,as modified from time to time,to completion
of the development.The applicant shall deliver a copy of the
construction schedule to the Director prior to the issuance of the
first building permit.Copies of revised construction schedules
shall be delivered to the Director quarterly.
24.Monitor and report on the effects of project traffic on
the surrounding roadways in the Hometown District if requested by
the City Manager after the issuance of the final Certificate of
Occupancy.The report(s)shall include recommendations for roadway
controls and improvements to the surrounding area and the internal
streets of the project.The applicant shall be required to pay no
more than $15,000.00 for monitoring (not including reimbursement to
the City for consultant's fees).Internal project improvements
shall be made at the cost of the applicant.
25.Complete a traffic and directional signage plan for
vehicles and pedestrians,which shall be approved by the Director.
The plan must be implemented prior to the issuance of the first
Certificate of Occupancy.
26.Continuously monitor and facilitate the movement of
vehicles and pedestrians on internal project roadways and atall
points of ingress and egress.The applicant shall designate a
Traffic Coordinator at the time it submits the traffic and
directional signage plan.
27.Make public space available for not-for-profit groups and
for public functions.The applicant's policy shallbe provided to
the Director prior to the issuance of the first Certificate of
Occupancy.
28.Notify the Director,Dade County and state archeological
officials at the Florida Department of State Division of Historical
Resources within 24 hours of any area where potentially significant
historical or archeological artifacts are uncovered,and permit
state and local preservation officials to survey and excavate the
site.
29.If requested by the City Manager,cooperate with the City
in establishing a tax increment financing district.
30.Reimburse the City forits costs directly resulting from
the proceedings relating to the Notice of Proposed Change,the
Application for Special Exception,and further review of plans and
specifications,reports and studies up to the issuance of the final
Certificate of Occupancy.Reimbursable costs include consultant's
fees (urban design,traffic,parking and other as agreed to by the
applicant),attorney's feesandusualcosts (excepting feesand
costs incurred in any judicial or administrative adjudicatory
proceedings brought bytheapplicantortheCity),reproduction,
overtime secretarial,and other administrative costs.Reimbursable
costs excludes payment for time expended by salaried City
officials.Invoices submitted bythe City will be paid within 30
days.
GENERAL CONDITIONS.
31.The City Manager may require further review by the
Planning Board or the ERPB when the manager believes that the plans
and specifications submitted with an application fora development
permit donot comply with this development approval.The City
Manager may require further approval by the City Commission when
the manager determines that the plans and specification submitted
with an application for development approval constitute a material
changetothis approval ofthe Application forSpecialException,
or,when a violation or failure ofa condition of development
occurs.
32.The following changes shall constitute a material change
to this development order:
a.An increase in total gross buildable area,other than
that allowed in paragraph 3.
b.A decrease in total parking spaces provided on-site.
c.An increase in theater seats.
d.A decrease in the number of residential units from 40
d.u.s.
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33.All applications for development approvals and permits
pursuant to this approval must include complete elevations for
entire facade and street frontage along streets or private roadways
abutting and within the project.
34.All site plans entailing exterior construction must be
reviewed by the ERPB pursuant to Section 20-5.11 of the Land
Development Code.
35.The Application for Special Exception and the plans
entered into the record at the May 2,1995 hearing are incorporated
into this Resolution by reference and relied upon by the City in
discharging its statutory duties under its Comprehensive Plan and
Land Development Code.Substantial compliance with the
representations contained in the Application for Special Exception
and the plans,and the oral representations made by the applicant
at the hearings on the first and the second applications (in case
ofa direct conflict between representations made by the applicant
at the two hearings,which result solely from changes to the plan
of development in the second application,the representations made
at the second hearing on May 2,1995 shall control),isa condition
for approval unless waived or modified in writing by the City.
36.This development order shall terminate on December 31,
1999.The termination date may only be extended in accordance with
the requirements of the Land Development Code.
DEVELOPMENT ORDER.
37.This Resolution constitutes a local development order
granting an Application for Special Exception.It includes (a)the
application;(b)the exhibits annexed and made a part of this
Resolution;and,(c)the record of the May 2,1995 hearing.
a.This development order approves general site plan and the
proposed uses,magnitude and intensity of development
identified in the application.
b.This development order is subject to the conditions and
limitations contained in this Resolution.
c.This development order requires further development
approvals.Additional review of applications for building
permits shall beas required by this Resolution and Section
20-7.52oftheLandDevelopmentCode(ProcedureforSpecial
Exception).
d.Thisdevelopmentordershallapplytothe applicant,its
successors,or assigns,and itshallbe binding upon the real
property described in Exhibit 1.
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Section 4.Notices.
Notices required under this Resolution shall be given to the
interested parties at the following addresses:
To the agent for the City of South Miami:
City Manager
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
To the agent for the Applicant:
Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
Notices shallbe deemed given when (1)delivered totheU.S.
Postal Service for mailing by certified mail addressed totheagent
showninthis section or (2)areceiptisissuedforahand-
delivered notice.Notification by telefacsimile or other
unauthorized means shallnotbeeffective.A change ofaddress
shallbe effective when theagentreceivingthenoticeofchange
signsa receipt evidencing actualreceiptofthenotice.
Section 5.Conflicts.
This Resolution shall supersede Resolution Nos.65-82-4065,
65-82-4065A,137-92-9342and 134-94-9536.Intheeventofany
conflict between this Resolution andprior resolutions regarding
the Bakery Centre development,thisResolutionshallgovern.The
City shalltake further actionto rescind the PUD-M zoning forthe
property.
Section 6.Severability.
Thesections,paragraphs,sentences,clausesandphrasesof
thisResolution,areseverable,exceptanypartof Section 3,and
ifanyphrase,clause,sentence,paragraphorsectionofthis
Resolution shall be declared unconstitutional or is otherwise held
invalid by acourtofcompetentjurisdiction,thedetermination
shallnot affect the remaining phrases,clauses,sentences,
paragraphs and sections of this Resolution.
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Section8EffectiveDate
ThisResolutionshallbecomeeffectiveonadoption.
PASSEDANDADOPTEDthis2nddayofMay,1995.
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