Res. No. 064-97-10035RESOLUTION NO.6A^Sl7-10035
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
THE APPLICATION OF BAKERY ASSOCIATES,LTD.TO
MODIFY THE SPECIAL EXCEPTION APPROVED BY RESOLUTION
NO.70-95-9619 AS AMENDED BY RESOLUTION NO.164-95-
9713 AND RESOLUTION NO.165-96-9919,TO POTENTIALLY
REPLACE UP TO 14,250 SQUARE FEET OF RETAIL SPACE
WITH UP TO 14,250 SQUARE FEET OF RESTAURANT SPACE;
PURSUANT TO SUBSECTION 31 OF RESOLUTION NO.70-95-
9619;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,as amended by Resolution No.164-95-9713 and Resolution No.
165-96-9919 (jointly the "Special Exception11),fora project known
as the Bakery Centre redevelopment;and
WHEREAS,Bakery Associates,Ltd.has applied for a
modification of the Special Exception to replace up to 14,250
square feet of retail space with upto 14,250 square feet of
restaurant space.
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 of fact.
2.The developer of the Bakery Centre project shall have the
option,at its determination,of constructing up to 14,250
additional square feetof restaurant space,uptoa total of 61,250
square feet of restaurant space at the development,provided that
for each additional square foot of restaurant space constructed at
the project,the exact amount of approved retail space in the
project shall be reduced from the present total of 350,460 square
feet to not less than 336,210 square feet.
EXHIBIT "A1
3.Basedonthe application for amendment tothe Special
Exception and the representations of the applicant at the public
hearing,the applicant has satisfied its burden of demonstrating
that:
a.TheBakeryCentre redevelopment,as modified,will
continue to contribute to,promote and encourage the
improvement ofthe Hometown District and catalyze other
developmentasenvisionedintheHometownDistrict
regulations.
b.Theproposedredevelopmentisstill compatible with
the land uses and development intensities prescribed by all
applicable city regulations.
c.The proposed modification to the Special Exception
is compatible with the design criteria established for the
Hometown District and with the overall image of the City.
d.The proposed modification does not impair the
effective management of traffic,parking,lighting,noise and
waste generated by the development,nor does said modification
create adverse impacts on public facilities and services.
e.The proposed modification does not expand the
permitted uses within the Hometown District.
f.The proposed modification will not have an
unfavorable effect on the economy of the City of South Miami.
g.The proposed modification,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.
4.Accordingly,pursuant to subsection 31 of Resolution No.
75-95-9619,the request to amend the Special Exception to allow the
modified plan of development is approved.
5.Resolution No.70-95-9619,as amended by Resolution No.
164-95-9713,Resolution No.165-96-9919 and by this Resolution,
shall remain in full force and effect.
Section 2.Severability.
If any phase,clause,sentence,paragraph or section ofthis
Resolution shall be declared unconstitutional or is otherwise held
invalid by a court of competent jurisdiction,the determination
shall not affect the remaining phases,clauses,sentences,
paragraphs and sections of this Resolution.
-2-
Res.#64-97-10035
Section 3.Effective Date.
This Resolution shall become effective on adoption.
PASSED AND ADOPTED this 1st dayof April ,1997
ATTEST:
[TY CLERK//CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MIA95 131857.1-MM
DraftDate 3/26/97(2)
APPROVED:
-3-
\.b/J%»'•64^S
VICE MAYOR
COMMISSION VOTE:4-0
Vice Mayor Robaina:Yea
Commissioner Price:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea