Res. No. 164-95-9713RESOLUTION NO.164-95-9713
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,APPROVING THE APPLICATION
BAKERY ASSOCIATES,LTD.FOR A SPECIAL EXCEPTION;
MODIFYING THE SPECIAL EXCEPTION APPROVED BY RESOLUTION
NO.70-95-9619 TO INCREASE THE ALLOWABLE HEIGHT OF A
9,000 SQUARE FOOT PORTION (3.79%)OF THE APPROVED
STRUCTURE FROM 62 FEET TO 72 FEET IN ACCORDANCE WITH THE
PLANS FILED WITH THE CITY;ACKNOWLEDGING A NON-MATERIAL
CHANGE RESULTING IN THE RELOCATION OF RESIDENTIAL USES
FROM THE AREA BY U.S.HIGHWAY 1 TO SUNSET DRIVE;
RECONFIGURING THE REMAINDER OF THE SPECIAL EXCEPTION
APPROVED BY RESOLUTION NO.70-95-9619 IN A MANNER
CONSISTENT WITH THESE CHANGES;PROVIDING FINDINGS OF
FACT,CONCLUSIONS OF LAW AND AN ORDER;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Mayor and the City Commission of South Miami
previously approved a special exception by Resolution No.70-95-
9619 for a project known as the Bakery Centre Redevelopment;and,
WHEREAS,Bakery Associates,Ltd.,has applied for a
modification of the special exception to allow an increase in
height for a portion of the approved plan of development and the
developer has submitted plans for the modification;and,
WHEREAS,the plans also reflect a non-material change by
relocating residential uses from the area by U.S.Highway 1 to
Sunset Drive.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Findings of Fact.Conclusions of Law and Order.
1.The recitals in the Whereas clauses are incorporated into
and made a part of these findings offact.
2.The staff report,dated September 15,1995 (revised
September 21,1995),providing a description of the development,
evaluation and recommendations is annexed as Exhibit 1 and made a
part of these findings offact.
3.The relocation of the residential uses from the area by
U.S.Highway 1to Sunset Drive isa non-material change to the plan
of development.
4.The application to increase the allowable height ofa
9,000 square foot portion (3.79%)of the approved structure from 62
feet to 72 feet in accordance with the plans filed with the city
satisfies the requirement of section 20-7.51 of the City of South
Miami Land Development Code and is consistent with the City of
South Miami Comprehensive Plan,as set forth in fl 5.
5.Based on the Application for Special Exception and the
representations of the applicant,the applicant has satisfied its
burden of demonstrating that:
a.The proposed development contributes to,promotes and
encourages the improvement of the Hometown District and
catalyzes other development as envisioned in the Hometown
District regulations.
b.The proposed development is compatible with the land uses
and development intensities prescribed by all applicable
city regulations.
c.The proposed development must possess integrity of design
compatible with the design criteria established for the
Hometown District and with the overall image of the City.
d.The proposed development shall be designed in a manner
that provides for effective management of traffic
(vehicular and pedestrian),parking,lighting,noise and
waste generated by the development,and management of the
impacts of the development on public facilities and
services.
e.The proposed development does not expand the permitted
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.Accordingly,the application to amend the special
exception to allow the modified plan of development is approved.
7.Resolution No.70-95-9619,as amended by this action,
remains in full force and effect.
Section 2.Severability.
If any phrase,clause,sentence,paragraph or section ofthis
Resolution shall be declared unconstitutional or is otherwise held
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invalid by a court of competent jurisdiction,the determination
shall not affect the remaining phrases,clauses,sentences,
paragraphs and sections of this Resolution.
Section 3.Effective Date.
This Resolution shall become effective on adoption.
PASSED AND ADOPTED this 5th day of October/199J5.
ATTEST:
ITY CLERK <y
READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
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9/29/95
APPROVED:t
MAYOR ,NEIL CARVER
Mayor tkMk YEA ^M
VICE MAYOR YOUNG YEA
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•iSSiONERBASS NAY
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COMMISSIONER CUNNINGHAM YEA
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