Res. No. 078-95-9627RESOLUTION NO.78-95-9627
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE BAKERY
CENTRE REDEVELOPMENT PROJECT;AMENDING THE EFFECTIVE DATE
OF THE DRI DEVELOPMENT ORDER TO MARCH 1,1996 AND
AMENDING PARAGRAPH 3 OF SECTION 2 OF THE FINDINGS OF
FACT;PROVIDING AN EFFECTIVE DATE.
WHEREAS,the South MiamiCityCommissionapprovedResolution
no.133-94-9534 on December 6,1994,approving a modified
development orderunder Section 380.06(15),Florida Statutes and
Fla.Admin.Code R.9J-2.025 forchangestoa previously approved
plan of development;and,
WHEREAS,Resolution no.133-94-9534 provides foran effective
dateandthe applicant desirestoamendtheeffectivedate;and,
WHEREAS,paragraph 3of Section 2,FINDINGS OFFACT,contains
a scrivener's error;and,
WHEREAS,and the City Commission does not object to the
requested amendment to the effective date and desires to correct
the scrivener's error.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 8 of Resolution no.133-94-9534 is
amended to read:
This Resolution shall become effective 45 days
from transmittal of this development order to
the Florida Department of Community Affairs,
the South Florida Regional Planning Council,
and the applicant,or the date that a deed is
recorded inthepublicrecordsofDadeCounty,
Florida,transferring title from the RTC to
Sunset Red,Ltd.,or its successors,or
assigns,which ever occurs later,but inno
event later than July 1#1995 March 1,1996.
IfthedeedisnotrecordedbyJuly1 #—1995
March 1,1996.this Resolution will be null
and void;provided,however,that ifthe
development order is appealed (and thedeedis
recorded by July 1,1995 March 1.1996).this
Resolution will take effect on the day after
the conclusion ofthe proceeding.
Section 2.Resolution no.133-94-9534 otherwise remains
thesame,except that paragraph 3of Section 2,FINDINGS OFFACT,
is revised to correct a scrivener's error to read:
The proposed development,when compared tothe
previously approved development,will result
in an increase in retail—commercial retail
development of 359,484 97,000 square feet
(including—47,000—Gquaro—foot—o£—rcctaurant
use),anincreaseinresidentialuseof40,500
square feet,a decrease in—parking—noodG—by
£-9-2—GpacoG of1,302 parking spaces,and a
simultaneous decrease in office space of
504,000 square feetanda decrease in hotel
rooms by 300 rooms.
Section 3.The City Clerk shall transmit copies ofthis
Resolution by U.S.Mail,certified,return receipt requested,to
the applicant,the Florida Department of Community Affairs and the
South Florida Regional Planning Council.
Section 4.
upon approval.
This Resolution will take effect
PASSED AND ADOPTED this /f^day of ^jjjgji.f
ATTEST:
READ AND APPROVED AS TO FORM;
CITY ATTORNEY
bakedri.amd
APPROVED:
MAYOR
MAYOR CARVER
VICE MAYOR YOUNG
C0MMi$$f0l«Efi 9.'S:
COMMISSIONER CC:.:::
YEA
YEA.
YZA.
YEA
COMMISSIONER CUNNINGHAM YEA
ediately
i/WAY
NAY.
NAY.
NAY.
NAY
OXTY OF SOUTH MI AM!
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:May 12,1995
From:Eddie Cox Re:Bakery Centre Redevelopment
City Manager Project^-^
The attached Resolution relating to the Bakery Centre Redevelopment
Project amends the effective date of the DRI Development Order to
March 1,1996,changing it from the previously approved July 1,
1995 date.
This change does not affect other specified dates in the order.
There isa minor correction ofa scrivener's error regarding
Section 2 paragraph 3 relating to retail space and number of
parking spaces.
I recommend approval of this resolution.
i\m\hticay.ar
-'if*
City of South iVIiarni
5130 Sunsei Drive.South Miami.Florida 33:43 553-5300 city .manage
January 26,1995 m:FAX &M*U
Kay Carlson
StalePlanning
Florida Department of Community Affairs
Rhyne Building
2740 Centerview Drive
Tallahassee,Honda 32399-2100
Re:Bakery Centre DRI Amended Development Order
Dear Ms.Carlson:
We have received and reviewed your memorandum of January 24,1995 to Mr.Marty Dix
concerning the subject-above (see attached).In regard to the discrepancies referenced in items
1 and .2 of your memorandum we have found that certain scriveners errors occurred in the
drafting of City of South Miami Resolution No.133-94-9534 (the "Resolution").
First,on page 3ofthe Resolution,third paragraph in the Findings of Fact,itis incorrectly stated
that the proposed development will result in an "increase in commercial development of 359,484
square feet (including 47,000 square feet of restaurant,use)".The increase in commercial
development of 359,484 square feet is based oh Jocal zoning calculations and results from
addition of thefallowinguses:
Retail 97^000 sq.ft.
Exterior Circulation 120,484 sq.ft.
Theater 80,000 $<\.tt.
Mull Service.ft'Mhe.filOOO Sq.ft,
Total 359J484 sq.ft.
Correctly stated the proposed development will result in an "increase in retail development of
97,000 square feet/
Second,hi the same paragraph of the Resolution as.discussed above,itis stated that the
proposed development will result in a "decrease in parking needs by 692 spaces".This decrease
of parking need is based on application of parking space reductions allowed in the City of South
"City-.of Pleasant Living"'
Miami Hometown Overlay Ordinance.The decrease of the 692 is part of the 1,300 parking
space reduction specified in the Notification of Proposed Change (NOPQ received by die City
on September 7,1994.During review of the NOPC it was determined that parking space
requirements could be further reduced by 2spaces resulting in atotal reduction of 1,302 parking
spaces.^Correctly stated the proposed development will result in an "decrease of 1,302 parking
spaces.
Based on the above,we propose an administrative change so that the third paragraph in the
Findings of Fact on page 3ofthe Resolution will read as follows:
3.The proposed development,when compared to the previously approved development,will
result man increase in retail development of 97,000 square feet,an increase in residential use
or 40,500 square feet,a decrease of 1,302 parking spaces,and simultaneous decrease in office
space of 504,000 square feet and a decrease in hotel rooms by 300 rooms.
A complete copy of the revised Resolution will be sent to you by.separate letter,if you have
any questions in this matter,please do hesitate to contact us at your convenience.
Sincerely,
City Manager Director
Building,Zoning &Community Development
Attachment
cc:Earl Gallop
Joe Coinras
Marty Dix
Rob Curtis
RESOLUTION NO.133-94-9534
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,ACTING UNDER AUTHORITY OF
SECTION380.06(19),FLORIDASTATUTES,DETERMININGTHAT
PROPOSED CHANGES TO THE BAKERY CENTRE DEVELOPMENT OF
REGIONAL IMPACT DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION,ORDERING THATFURTHERDRI REVIEW ISNOT
REQUIRED,AND APPROVING A DEVELOPMENT ORDER FORCHANGES
TO THE PREVIOUSLY APPROVED PLAN OF DEVELOPMENT;PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS,onOctober 25,1982,theCityofSouth Miami by-
Resolution No.65-82-4065 issued a Development of Regional Impact
(DRI)development order for the Holsum Bakery Centre Development of
Regional Impact (original D.O.),located ona 9.54 acre parcel of
land legally described on Exhibit 1to this Resolution;and
WHEREAS,onOctober 17,1989,theCityofSouth Miami
approved,by Resolution No.65-82-4065-A an amendment tothe
original D.O.foranextensionofthebuildoutdate granting
development rights through September 17,1992;and
WHEREAS,onAugust 18,1994,Sunset Red,Ltd.,a limited
partnership andtheResolutionTrust Corporation,as receiver for
FlaglerFederalSavingsandLoanAssociation,Miami,(bothreferred
toasthe applicant)submittedaNotificationofProposed Change To
APreviously Approved DevelopmentofRegionalImpact (NOPC),
requestingvariousmodificationstotheoriginal D.O.topermitthe
propertytobe developed inaccordancewiththeApplicationfor
Special Exception,which is described in Exhibit 2tothis
Resolution;and
WHEREAS,Sunset Red,Ltd.submitted an Application for Special
Exception,dated November 15,1994,to obtain a development order
approving the modified plan of development shown on Exhibit 2;and
WHEREAS,the City of South Miami Planning Board,after
appropriate legal notice,conducted a public hearing on November
29,1994,and recommended approval (5to1)of the Application for
Special Exception subject to conditions in Resolution No.134-94-
9536;and
WHEREAS,on December 6,1994,the City Commission,after
complying with all pertinent notice requirements of Florida
Statutes and the City of South Miami Land Development Code and Code
of Ordinances,conducted a quasi-judicial public hearing onthe
NOPC,as required by Section 380.06(19),Florida Statutes;and
WHEREAS,all procedural requirements ofthelawsoftheState
of Florida and the Land Development Code of the City of South Miami
have been met?and
WHEREAS,the City Commission,after weighing allthe competent
evidencepresentedatthe hearing,hasdeterminedthat (1)the
proposed modified plan of development isnota substantial
deviation requiring furtherDRI review and (2)approval ofthe
developmentsubjecttotheconditionsandrequirementsspecifiedin
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)Thenameofthe development is:THE BAKERY CENTRE.
(b)Thelegal description oftheproperty included inthe
Bakery Centre development is attached to this Resolution
as Exhibit 1.
(c)The name of the applicants are:
Owner:
The Resolution Trust Corporation,as receiver for Flagler
Federal Savings and Loan Association.
c/o Valerie Settles,Esq.
Fowler White,et al.
175 N.W.first Avenue,11th Floor
Miami,FL 33128
Developer:
Sunset Red,Ltd.
c/o Michael Comras
The Comras Company
1111 Lincoln Road Mall,Suite 510
Miami Beach,FL 33139
For the purposes ofthis Resolution,the term "applicant"
includes the applicants,their successors,orassigns.
(d)The name of the authorized agent for the applicants is:
Stephen J.Helfman,Esq.
Weiss Serota &Helfman,P.A.
2665 South Bayshore Drive,Suite 204
Miami,Florida 33133
(e)Description ofthe Original Development.
(1)TheBakeryCentreDRIwasoriginallyapprovedfor
504,000 ft.2of office space;300,000 ft.2of retail
space;20,000 ft.2 of gallery area;300hotel rooms;
110,000 ft.2of mall area;and,3,000 parking spaces.
(2)Theretailspaceactually constructed is
approximately 245,000 ft.2 Thespace includes amovie
theater of25,000 ft.2 (1,400 seats).A 261,000 ft.2
parking structure(for751spaces)and403surface
parking spaces are in operation.
(f)DescriptionoftheModifiedDevelopment.
(1)Theproposed 699,984 ft.2 development includes:
397,000 ft.2 of retail space (including 47,000 ft.2 of
restaurant space);80,000 ft.2 of movie theater spacefor
4,600 seats;40,500 ft.2 of residential space for40
dwelling units;62,000 ft.2 of mall,serviceand
miscellaneous space;120,484 ft.2 of exterior circulation
space;and,580,615 ft.2 of parking garagefor
approximately 1,698 parking spaces.Thedevelopment
F.A.R.,not including the parking garage,is 1.59.
(2)Thedevelopmentuses,densityandintensitiesare
further described in NOPC.
Section 2.Substantial Deviation Determination
Findings of Fact.Conclusions of Law and Order.
FINDINGS OF FACT.
1.The recitals in the Whereas clauses and the statements in
Section 1are incorporated into and made a part of these findings
of fact.
2.The staff report for the Sunset Red,Ltd.Special
Exception Application,dated November 25,1994,providing a
description of the procedural history of this development is
annexed as Exhibit 3 and made a part of these findings offact.
3.The proposed development,when compared to the previously
approved development,will result in an increase in commercial
development of 359,484 ft.2 (including 47,000 ft.2 of restaurant
use),an increase in residential use of 40,500 ft.2,a decrease in
parking needs by 692spaces,and a simultaneous decrease in office
space of 504,000 ft.2 and a decrease in hotel rooms by 300rooms.
4.The proposed development,when compared to the previously
approved development,will result in significantly reduced impacts.
Specifically,the proposed changes reduce impacts to anticipated
potable water needs by an estimated 0.176 mgd (72%);tosanitary
sewerby 0.176 mgd (28%);tosolidwasteby 1.97 tpd (10%);and,to
totalweekday p.m.peakhourtripsby 359 trips (16%).
5.Theproposed changes tothepreviously approved
development,either individually or cumulatively,donot create a
reasonable likelihood of additional regional impact,or any type of
regionalimpactthatwasnotpreviouslyreviewedbytheSouth
Florida Regional Planning Council.
6.The previous developer made adequateprovision for public
facilities bythe construction oftransportation improvements and
thepaymentof$300,000forafirestation.
7.Thefollowing requirements ofSection4ofthe original
D.O.have been satisfied:
Ha.Fileupdated Application for Development Approval.
Hb.File revised plans.
He.Additional publicimprovementcostsborneby applicant.
Hk.Approvalby FDOT andDadeCountyofall roadway
improvementsidentifiedintheApplicationfor
Development Approval.
Urn.Completion ofStage1 roadway improvements.
Hn.Intersection improvements and signalization.
Uq.Completion ofStage2 transportation improvements.
Hu.Execution of Second Amended Tri-party Agreement and
payment of$300,000.00for providing fire and emergency
rescue service.
Resolution 65-82-4065 ismadeapartofthis Resolution asExhibit
4.
8.The following requirementsof Section 4of the original
D.O.are revised and incorporated into this development order:
Hd.(staging);He.(record D.O.);Iff.(securityforpublic
improvements;Hw (energy conservation);Hy(minimizeair
pollution);Hz(landscaping plan);Udd(compliance
monitoring);flee (annualreports);andHff(compliance dates).
9.The following requirements of Section 4of the original
D.O.are revised and incorporated into the Resolution approving the
Application for Special Exception (Resolution No.134-94-9536):
Hg.(traffic monitoring);Hh (on-site parking policies);Hi
(construction traffic plan);Hj (traffic and signage plan);HI
(traffic coordinator);Hs (connect to water supply^;Hv
(security plan);Haa (tax increment financing);Hbb (covenant
for maintenance of private facilities);Hcc (reimbursement of
City's costs);Hhh (use of public space);Hii (record
dedications);Hjj (provide sewer facilities);and,Hkk (height
limits).
10.The following requirements of Section 4of the original
D.O.are deleted as not being applicable tothe modified plan of
development:
Ho.(payment for parking program);Hp (construct pedestrian
overpass);Hr (SFWMD general permit [required by law]);Ht
(construct helicopter pads);Hx (cogeneration facility);and,
Hgg (provide CityE&O insurance).
11.The development will impact the area of the downtown
district,which is described as the Hometown District and
delineated ontheHD Regulating Plan.The applicant has made
adequate provision to integrate the development into the Hometown
District and to mitigate the impacts on the streets in the area.
12.The development is consistent withthe land use
designations for the property specified in the City of South Miami
Comprehensive Plan and the Hometown District Overlay District
created byOrdinanceNo.19-93-1545.
13.The development is consistent with the applicable
provisions of the City of South Miami Land Development Code.
14.The development is not located inan area of critical
state concern designated pursuant to Chapter 380,Florida Statutes.
15.The development will not unreasonably interfere with
achievement ofthe objectives ofthe State Land Development Plan
applicable to the area.
16.The development is consistent withthe State
Comprehensive Plan.
17.The development is consistent withtheCityof South
MiamiComprehensivePlananditsLandDevelopment Regulations.
18.The development is consistent withthe report and
recommendationsof the SouthFloridaRegional Planning Councilfor
the original development.
CONCLUSIONS OF LAW.
19.Theproposed increase inthe commercial useofthe
development by more than 50,000 ft.2 constitutes a substantial
deviation under Section 380.06(19)(b)9.,FloridaStatutes.
20.Notwithstanding the conclusion oflawinparagraph19the
proposed changes consisting of simultaneous increases and decreases
in commercial,office,hotelandresidentialusesofthe previously
approved multi-use development is presumed tobea substantial
deviationunderSection 380.06(19)(e)5.c.,whichmayberebuttedby
the applicant by clear and convincing evidence inthe record.
21.The applicant has met its burden of proof to rebut the
presumptionbyclearandconvincing evidence.
ORDER.
22.Theproposed changes identified intheNOPCarenota
substantial deviation undertheprovisionsof Section 380.06(19),
FloridaStatutes,andthe modified developmentplanisnotsubject
to further DRI review.
Section 3.Defvelopment Approval.
The proposed changes in uses,density and intensities to the
previously approved development order (Resolution 65-82-4065)
identifiedintheNOPCareapproved subject tothe following
conditions:
The applicant shall:
SPECIFIC CONDITIONS.
1.Incorporatethefollowingintothedesignand operation
to minimize the cumulative adverse regional impact ofthe
Development's traffic and associated pollutant emissions onair
quality:
a.Actively encourage and promote carandvan pooling by
establishing acarandvanpoolinformation program.
b.Designatethreepercentofemployeeparking spaces,
locatedascloseas possible to building,entrances,for
exclusive car and van pool use.
c.Provide Metro-Dade Transit Authority route and schedule
information in convenient locations throughout the
project.
d.Encourage transit use by provision of bus shelters,
development of turnout lanes,or provision of other
amenities to increase ridership.
e.Provide on-site bicycle storage facilitiestoencourage
use of alternative modes of transportation.
f.Mulch,spray,or grass exposed areas to prevent soil
erosion and minimize air pollution.
2.Design,construct andmaintainthe stormwater management
system tomeetthe following standards:
a.Retainthe first flush(atleastfirstone inch)of
runoff from project roadways and pervious parking areas
inexfiltration systems ordeep wells.
b.Retainthe firstflush (atleast first one-half inch)of
runofffromuncovered project parkingareasandloading
docks in vegetated swales.Swales will be constructed so
that water will infiltrate within 24hours.
c.Preventdirectdischargeofstormwaterwhichhasnotbeen
treated pursuant to Conditions 2a or2b above.
d.Install pollutant retardant structures to treat all
stormwater runoff at each of the project outfall
structures (down-turned pipeor other Dade County
Department of Environmental Resources Management approved
device)andat the drainage structures which contribute
runofffrom impervious areasto surface waters,and
periodically remove pollutant accumulations.
e.Vacuum sweep all parking lots of eleven ormore parking
spaces and private roadways serving the parking lots at
least once per week.
3.Ensure that the surface water management system shallbe
owned and maintained consistent with Fla.Admin.Code R.
40E-4.381(2)(h).
4•Incorporate energyconservation measures intothedesign
andoperationofthe Development.Ata minimum,constructall
facilities in conformance with the specifications of the State of
Florida Energy Efficiency Code for Building Construction (State
Energy Code).Evaluate using natural gasand renewable energy
sources (e.g.solarheatingforwaterheating).Consider
participating in the South Miami Cool Communities Program.
5.Ensure that not less than 5%of the trips generated by
the development use the Metrorail system.To this end,the
applicant will provide regularly scheduled shuttle service between
the development,off-site parking facilities andtheSouth Miami
Metrorail Station.The shuttle service will serve the development
from points alongRedRoadandSunset Drive,andmakeoneormore
stops alongSunsetDriveat locations betweenthe development and
U.S.1.The initial daysandhoursof operation oftheshuttle
servicewillbe Wednesday andThursday,6:00p.m.to10:00 p.m.;
and Friday and Saturday,6:00 p.m.to 12:00 a.m.(midnight).The
capital and operations cost ofthe shuttle system shall bethe
responsibility ofthe applicant.The applicant shall submit a
shuttle service planto the Director for approval prior tothe
issuance of the first Certificate of Occupancy.The City shall
determinethe feasibility ofan area-wide shuttle system aspartof
its Evaluation and Appraisal Report (EAR)requirement under Chapter
163,Florida Statutes.This element oftheEARwillbe completed
not laterthan July,1995.Implementation ofan area-wide shuttle
system will be considered bytheCity Commission during its 1995
budget review.Atsuch time as theCity establishes an area-wide
shuttle system,the applicant shall expanditshoursof operations
tobethesameastheCity system.Itwillalsocontributeits
fair shareofthecapitaland operations costofthe system.Its
initial capitaland operations costs willbecreditedto its fair
share.The applicant's shuttle service planandthe City's plan
willbe submitted totheDade County Transit Authority forits
reviewandevaluation.Theapplicantwilldesignandincorporate
into theparkinggaragea location fortheconnectionofa future
pedestrian overpassfromthe South Miami Metrorail Station.The
location must be at an elevation of at least 30 feet.The design
and construction necessary to provide for the overpass connection
shallbeatthe applicant's sole cost;however,the applicant shall
notberequiredtospendmorethan$250,000to meet this condition.
This limitation on cost is not intended to require an expenditure,
buttoprovideaceilingofthe applicant's obligation,andtothe
extentthe applicant canmeetthisconditionwithoutcostthe
condition shall be satisfied.This condition replaces Section 4,
paragraph p of the original D.O.
6.Incorporate theuseof water sensors and otherlowvolume
landscape irrigation techniques to reduce the demand onthe
region's potable water supply.
7•Design and construct a landscaping plan soasto minimize
water usage,use native speciesfor exterior landscaping to the
maximum extent practical,and avoid species which have or may have
potentially noxious characteristics,require extensive irrigation
or fertilizer,are prone to insect infestation and disease,and
have invasive root systems.
8.Design and construct improvements to Sunset Drive and
adjoining sidewalks and crosswalks,from the building fronts on the
north side and to the building fronts on the south side of the
road,from the intersection with U.S.1 to the intersection with
57th Avenue (Red Road).The improvements shall include,butnotbe
8
e.
/
copies of the following forms of documentation of proper
hazardous waste management practices:
•a hazardous waste manifest
•a shipment to a permitted hazardous waste
management facility,or m
•a confirmation of receipt of materials from a
recycler or a waste exchange operation
Prohibit generation of hazardous effluent,unless
adequate facilities,approved by DERM and the Department
of Environmental Protection (DEP)are constructed and
used by tenants generating effluent.
f.Dispose of hazardous sludge materials generated by
effluent pretreatment in a manner approved by the federal
Environmental Protection Agency,DEP and DERM.
a.Notify any tenant generating wastes of the penalties for
improper disposal of hazardous waste pursuant to Section
403.727,Florida Statutes.
h.Allow reasonable access to facilities for monitoring by
DERM and DEP to assure compliance with this development
order andall applicable laws and regulations.
STATUTORY AND GENERAL CONDITIONS.
10.The Director of the City's Building,Zoning and Community
Development Department is hereby authorized to monitor compliance
with all conditions of the development order and to specify
monitoring procedures that,at a minimum,require development order
conditions to be reviewed by the City prior to issuance of all
local development permits.The applicant shall allow access on
demand to the project for this monitoring to assure compliance with
the development order and all applicable laws and regulations.
11.The Consolidated Application for Development Approval and
the NOPC are incorporated into this Resolution by reference and
relied upon by the City in discharging its statutory duties under
Chapter 380,Florida Statutes,and under its Comprehensive Plan and
Land Development Code.Substantial compliance with the
representations contained in the Application for Development
Approval,as modified by the NOPC,is a condition for approval
unless waived or modified by agreement among the City,South
Florida Regional Planning Council,andthe applicant.
12.The applicant shall comply with the compliance dates of
(a)24 months,calculated from the effective date of this
Resolution,forcommencingphysicaldevelopmentpursuanttoa
validly issued building permit;(b)1 year after issuance of the
first building permit for completing improvements to Sunset Drive
10
as evidenced by a Certificate of Satisfaction;(c)24 months from
obtaining first building permit for completing redevelopment of the
existing commercial uses fronting on Sunset Drive and Red Road;
and,(d)4 years,calculated from the date of issuance of the first
building permit,for substantial completion of the development.
The term "development"means development as defined in Section
380.04,Florida Statutes.Unless an extension is granted by the
City Commission,this development order shall expire if any of the
compliance dates are not met.The compliance dates shall be tolled
during the pendency of any judicial or administrative adjudicatory
proceedings that arise out of this Resolution or any development
permits for the development,unless the action is commenced by the
applicant and i)it was presented for any improper purpose,such as
to cause unnecessary delay,or ii)it is not warranted by existing
law or by a nonfrivolous argument for the extension,modification,
or reversal of existing law,or the establishment of new law.A
compliance date may be extended by the City Commission upon
application filed prior to the expiration of the date and upon
demonstration of good cause.Good cause shall ^?}*d*'**\™*^limited to,an act of war,or an act of God,which means only an
unforeseeable act exclusively occasioned by the violence of nature
without the interference of any human agency.The City Commission
may impose reasonable terms and conditions for any extension.Four
affirmative votes of the City Commission are required to grant an
extension.
13.This development order shall terminate on December 31,
1999.The termination date may only be extended in accordance with
Section380.06(19)(c),FloridaStatutes.
14.December 31,1999,is established as the date until which
the City agrees that the Bakery Centre DRI will not be subject to
down-zoning,unit density reduction,or intensity reduction,unless
the City demonstrates that a substantial change in the conditions
underlying the approval of the development order have occurred,or
that the development order was based on substantially inaccurate
information provided by the applicant,or that the change is
essential to the public health,safety,or welfare.
15.The applicant shall submit an annual report to the City,
the South Florida Regional Planning Council,and the Department of
Community Affairs not later than January 15 of each year following
theeffectivedateofthis Resolution.Theannualreport shall be
submittedonFormRPM-BSP-ANNUAL REPORT-1.TheDirectorofthe
City's Building,Zoning and Community Development Department shall
prescribe additional information to be included in the annual
report to assist the City in determining,among other things,the
progress of the development,compliance with the conditions of this
development order andthe Resolution approving the Application for
Special Exception (Resolution No.134-94-9536),and public
facilities and services scheduling needs.Ata minimum,the annual
report will provide information regarding (a)work completed during
11
the calendar year;(b)work scheduled for the next calendar year;
(c)construction schedules;(d)the total cost of the work
completed,including construction,expenses and overhead costs;(e)
a good faith estimate of the fair market value of the work
completed;(f)tenants who have signed letters of intent,memoranda
of understanding,or leases;and,(g)purchasers who have entered
into contracts for sale and purchase or closed onthe purchase of
realproperty within the development.
16.The applicant shall record a notice of modification of
the adopted development order,containing the information required
by Section 380.06(15)(f),Florida Statutes,within 10 days of the
effective date of this Resolution withthe Clerk,Dade County Clerk
of Court,and stating that the development order runs with the land
andis binding onthe applicant,their successors,or assigns.
17.In the event the applicant violates anyof the conditions
of this Resolution or fails to act in substantial compliance with
this development order (collectively referred to as
"noncompliance"),other than complying with the compliance dates in
paragraph 12,the City Manager may stay the effectiveness of the
development order for the entire development or portion of the
development,in which the noncompliance has occurred by issuing an
administrative order stating the nature ofthe violation,the
preliminary findings on which the order of noncompliance and stay
are based,and the remedial action required to cure the
noncompliance.Prior to issuing a stay order,the City Manager
will give the applicant 5 days written notice of intent to issue an
administrative order.The applicant may appeal the administrative
order to the City Commission pursuant to Section 20-6.2 of the Land
Development Code.The issuance of an administrative order will not
toll the compliance dates in paragraph 12 unless the City
Commission determines thatthe stay orderwas improvidently issued.
Section 20-6.2 oftheLand Development Codeismadeapartof this
Resolution as Exhibit 5.
ABANDONMENT.
18.Intheeventthe applicant abandons the development,it
shall be responsible for mitigating the impacts resulting from
development.The term "abandon"means (a)the cessation of
substantial physical development under the construction schedule
(H15)for 180 days;(b)a declaration of insolvency;(c)initiation
of bankruptcy proceedings;or,(d)noncompliance with the
compliance schedule contained in this development order (H 12).To
satisfy the obligation to mitigate impacts resulting from
abandoning the development,the applicant shall provide the City
with a letter of credit in the amount of $2,500,000.00.The letter
of creditshallbeissuedbya financial institution acceptable to
theCity Manager,ina form acceptable totheCity Attorney,andit
shall bedeliveredtotheCitypriortotheissuanceofthe first
building permit.Theletterofcreditshallremainineffectuntil
12
the issuance of the final Certificate of Occupancy.Upon the
occurrence ofaneventof abandonment,theCity Manager may issue
an administrative order stating the nature of the abandonment,the
preliminary findings on which the order is based,and state that
the City Manager will demand payment under the letter of credit
within 5 days of issuing the order.The applicant may appeal the
administrative order to the City Commission pursuant to Section 20-
6.2 of the Land Development Code.The issuance of an
administrative order will not toll the compliance dates in
paragraph 12.The City Manager,or,in the case of an
administrative appeal,the City Commission,will determine i)
whether abandonment has occurred;ii)the types and amounts of
development constructed;iii)the types and amounts of impacts from
the project's existing and proposed development to any existing and
planned public facilities,privately maintained common facilities
and services (such as internal streets,security,solid waste
removal);iv)the need for modification or rehabilitation of
presently existing structures and structures constructed under this
development order to integrate the development into the surrounding
community;v)the extent to which public amenities have not been
constructed or maintained;and,vi)actions (and the estimated cost
of actions x 125%)required to mitigate the adverse impacts of the
abandoned development.The City may enter into contracts to
implement mitigation measures.In the event the funds available
under the letter of credit are not sufficient to mitigate the
impacts of the abandonment,the City may take actions to finance
mitigation,including,but not limited to,creating a special
taxing district consisting of the property described m Exhibit 1,
and borrowing against anticipated ad valorem tax revenues on the
property.Any funds expended by the City shall constitute a lien
on the property of equal dignity with ad valorem tax liens.
Notwithstanding the foregoing,it is agreed that the amount of the
letterofcreditwillbe reduced bythe City,from time to time,
during the construction process in a manner relative to the amount
of the construction completed.
CERTIFICATIONS.
19.The applicant certified to the City that it delivered a
complete copy of the original Application for Development Approval
and the NOPCwas delivered tothe Florida Department ofCommunity
Affairs pursuant to Fla.Admin.Code R.9J-2.025(3)(a)3.
DEVELOPMENT ORDER.
20.This Resolution constitutes aDRI development order under
Section 380.06(15),Florida Statutes,and Fla.Admin.Code R.9J-
2.025.It includes (a)all of the exhibits annexed and made a part
ofthis Resolution,exceptthe Application forSpecial Exception;
(b)the original Application for Development Approval andthe NOPC
which arenot annexed but are made apartof this Resolution;(c)
13
the record of the December 6,1994 hearing;and,(d)the original
certificationforthisdevelopment order.
a.This development order approves changes to the uses,
magnitude and intensity of development,and the mitigation
requirements,in the original D.O.
b.This development order does not constitute authorization
to commence development.The applicant is authorized to
submit an application for local development approval for a
specific plan of development.
c.This development order shall apply to the applicants,
their successors,or assigns,severally,and it shall be
binding upon the real property described in Exhibit 1.
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
CityofSouthMiami
6130 Sunset Drive
South Miami,FL 33143
Totheagentforthe Applicant:
Stephen J.Helfman,Esq.
Weiss Serota &Helfman,P.A.
2665 South Bayshore Drive,Suite 204
Miami,Florida 33133
Notices shall be deemed given when (1)delivered to the U.S.
Postal Service for mailing by certified mail addressed to the agent
shown in this section or (2)a receipt is issued for a hand-
delivered notice.Notification by telefacsimile or other
unauthorized means shall not be effective.A change of address
shall be effective when the agent receiving the notice of change
signs a receipt evidencing actual receipt of the notice.
Section 5.Conflicts.
This Resolution shall supersede Resolution Nos.65-82-4065,
65-82-4065A and 137-92-934.and shall be the "Development Order"
for the Holsum Bakery Centre Development of Regional Impact.In
the event of any conflict between this Resolution and prior
resolutions,this Resolution shall govern.
14
Section 6.Severability.
The sections,paragraphs,sentences,clauses and phrases of
this Resolution,are severable,except any part of Section 3,and
if any phrase,clause,sentence,paragraph or .section of this
Resolution shall be declared unconstitutional °*«°^f*"«**"
invalid by a court of competent jurisdiction,the determination
shall not affect the remaining phrases,clauses,sentences,
paragraphs and sections of this Resolution.
Section 7.DlsmissaJ "*administrative Appeal.
Not later than 10 days following the effective date of this
development order,the Resolution Trust Corporation shall file anot?cePof voluntary dismissal in the proceeding styled Resolution
Trust corporation v.City of South Miami and Department of
Community Affairs,Case No.App-93-007 (Fla.Land &Water
Adjudicatory Com'n.1993).
f
Section 8.Effective Date,
This Resolution shall become effective 45 days from
transmittal of this development order to the Florida Department of
Community Affairs,the South Florida Regional Planning Council,and
the applicant,or the date that a deed is recorded in the public
records of Dade County,Florida,transferring title from the RTC to
Sunset Red,Ltd.,or its successors,or assigns,which ever occurs
later,but in no event later than July 1,1995.If the deed is not
recorded by July 1,1995,this Resolution will be null and void;
provided,however,that if the development order is appealed (and
the deed is recorded by July 1,1995),this Resolution-;will take
effect on the day after the conclusion of the proceeding
PASSED AND ADOPTED this 6th day of Dec
CITY CLERK
REMAND APPROVED AS TO FORM:
<.-
_*/
//-.
CITY ATTORNEY
mrn^
£**./'-2-
15
APPROVED
MAYOR
MAYOR CAF-R
vtcEMAvr .e;r
-flWBSDWCOQPE?
•JSKXCRCUW1
FILED WITH DEPARTMENT OF COMMUNITY AFFAIRS:
EFFECTIVE:
EGG/egg
bakedev.res
12/1/94
16
RESOLUTION NO.133-94-9534
BAKERY CENTRE DRI
LIST OF DOCUMENTS
DOCUMENT NAME
Resolution no.65-82-4065-A
Notification of Proposed Change(NOPC)
Application for Development Approval
Seconded Amended Tri-party Agreement
HD Regulating Plan
City of South Miami Comprehensive Plan
HometownDistrict Overlay DistrictOrdinance
Ordinance no.19-93-1545
City of South Miami Land Development Code
Special Exception Resolution
Resolution no.134-94-9536
Report and Recommendations of SFRPC
Transcript of the December 6,1994 hearing
17
PAGES