Res. No. 153-97-10123RESOLUTION NO.153-97-10123
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN APPLICATION
BY SEGA GAMEWORKS,ON BEHALF OF BAKERY ASSOCIATES,LTD.,
TO MODIFY THE SPECIAL EXCEPTION GRANTED UNDER RESOLUTION
NO.70-95-9619,IN ORDER TO MODIFY THE BUILDING HEIGHT
OF TWO ARCHITECTURAL FEATURES AT THE GAMEWORKS FACILITY
WITHIN BAKERY CENTRE REDEVELOPMENT IN ACCORDANCE WITH
DRAWINGS ON FILE WITH THE CITY;PROVIDING FINDINGS OF
FACT,CONCLUSIONS OFLAW,AND AN ORDER;PROVIDING FOR
CONFLICTS;PROVIDING FOR SEVERABILITY;AND,PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,on December 6,1994,the City Commission voted to
adopt Resolution No.133-94-9534,whichgranteda development order
for changes toapreviously approved Development ofRegionalImpact
forthe Holsum Bakery CentreDevelopmentofRegionalImpact;and,
WHEREAS,on December 6,1994,the City Commission also adopted
Resolution No.134-94-9536,which granted a special exception from
strict adherence to the Hometown District Overlay Ordinance;and,
WHEREAS,onMay 2,1995,theCityCommission voted toapprove
a second special exception via Resolution No.70-95-9619,which
granted approval for the Shops at Sunset Place project;and,
WHEREAS,onMay 16,1995,theCityCommissionvotedtoapprove
Resolution No.78-95-9627,toamenderrors and datesfor Resolution
No.133-94-9534 in accordance with the 2nd special exception;and,
WHEREAS,on October 5,1995,theCity Commission approvedvia
Resolution No.164-95-9713a modification tothespecialexception,
in order to permit an increase in permitted height from62 feet to
72 feet fora 9,000-square-foot portion ofthe development project
and re-locating residential uses to Sunset Drive exclusively;and,
WHEREAS,on November 19,1996,the City Commission adopted via
Ordinance No.20-967-1620,analignmentof right-of-ways;and,
WHEREAS,on August 6,1996,the City Commission votedto adopt
Resolution No.145-96-9899,whichwaivedtheone-hourfreeparking
provision of Resolution No.70-95-9619,in lieu of $400,000;and,
WHEREAS,on October 1,1996,theCity Commission approvedvia
Resolution No.165-95-9919,modifications tothespecialexception
granted by Resolution No.70-95-9619,as modified by Resolution No.
164-95-9713,to permit replacement of 50,000 square feet of retail
witha 450-seat IMAX theaterandtomodifythe building heightsof
certain structures,inorderto create architectural features;and,
GameWorks Height Modification Resolution:July 29,1997
WHEREAS,on November 5,1996,the City Commission voted to
approve Resolution No.189-96-9943,determining that changes (IMAX)
to Bakery Centre Development of Regional Impact do not constitute a
substantial deviation,ordering that further D.R.I,review is not
required,and approving a development order for said changes;and,
WHEREAS,on March 4,1997,the City Commission voted to adopt
Resolution No.45-97-10016,which approved the "GameWorks"use asa
similar use to the permitted use "Game Shop"and provided for other
uses in the facility under separate occupational licensing;and,
WHEREAS,on April 1,1997,the City Commission voted to adopt
Resolution No.64-97-10035,which modified the special exception to
replaceupto14,250squarefeetofretailspace with sameamount
of restaurant space,foran overall total of 61,250 square feet of
restaurant space and 336,210squarefeetofretailspace;and,
WHEREAS,Sega GameWorks hasmadean application,on behalf of
Bakery Associates,Ltd.,for modification ofthespecialexception
to permit increased building heights fortwo architectural features
whichareproposedaspartofthe "GameWorks"facility;and,
WHEREAS,onMay 6,1997,attheirregularlyscheduled meeting,
the Environmental Review &Preservation Board voted unanimously for
approval of a preliminary concept for GameWorks,including thetwo
architectural features,subjecttoCityCommissionapproval;and,
WHEREAS,the Environmental Review&Preservation Boardvoted
to encourage City Commission to consider approving design elements
in the application that would rise,within reason,above the City's
height restrictions (see attached Minutes of May 6,1997);and,
WHEREAS,the Mayor and City Commission find that itisin the
public interest to approve a modification to the special exception,
in order to permit special architectural features at "GameWorks."
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Findingsof Fact,Conclusions of Law and an Order.
(a)FINDINGS OF FACT.
(1)The recitals in the Whereas clauses are incorporated into
andmadeapartofthese findings of fact.
(b)CONCLUSIONS OF LAW.
(2)Based on the application submitted for a modification to
the special exception and the representations of the applicant at
the public hearing,the applicant has satisfied its burden of
demonstrating that:
GameWorks Height Modification Resolution:July 29,1997 2
i.The Bakery Centre redevelopment,as modified,will continue to
contribute to,promote,and encourage the improvement of the
Hometown District and catalyze other development as envisioned
in the Hometown District regulations;
ii.The proposed redevelopment is still compatible with the land
uses and development intensities prescribed by all applicable
City regulations;
iii.The proposed modifications tothe special exception are
compatible with thedesigncriteria established forthe
Hometown District and with the overall image of the City;
iv.Theproposedmodificationsdonotimpairtheeffective
managementof traffic,parking,lighting,noise,andwaste
generated bythe development,nordosaid modifications create
adverseimpactsonpublicfacilitiesandservices;
v.Theproposed modifications donot expand thepermitteduses
within the Hometown District;
vi.The proposed modifications will not have an unfavorable effect
ontheeconomyoftheCityofSouth Miami;and,
vii.The proposed modifications,when considered cumulatively with
other development,both present and future,withinthe
Hometown District,willnotcreate excessive overcrowding or
concentration ofpeopleorpopulation.
(c)AN ORDER.
(1)Architectural features exceeding 62feetinheightasset
forth inthe drawing by Cuningham,Hamilton,Quiter,P.A.,dated
March 28,1997,andnot previously shown on drawings of building
elevationssubmittedintoevidenceatthespecialexceptionpublic
hearing on May 2,1995,are hereby approved [see Exhibit 1].
(2)Resolution No.70-95-9619,asamendedby Resolution No.
164-95-9713,as further amended by Resolution No.165-96-9919 and
by this resolution,shall remain in full force and effect.
Section 2.Conflicts
In the event ofany conflict between this resolution and prior
resolutions,this resolution shall govern.
Section 3.Severability
If any section,clause,sentence,or phrase of this resolution is
for any reason held to be invalid or unconstitutional bya court of
competent jurisdiction,then said holding shall not affect the
validity of the remaining portions of this resolution.
GameWorks Height Modification Resolution:July 29,1997 3
Page2 of Res.#153-97-10123
Section 4.Effective Date
This resolution shall take effect immediately upon its adoption.
PASSED ANDADOPTED this 29th day of July,1997
ATTEST:
fr-MZ&o
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Price:
Vice Mayor Robaina:
Comm.Bethel:
Comm.Young:
Comm.Oliveros:
GameWorks Height Modification Resolution:July 29,1997
5-0
Yea
Yea
Yea
Yea
Yea
c:\...\reports \MonitorBC #2.doc
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor andCityCommission
From;
CityManager
Date:July 25,1997
/*Agenda Item #
Re:Comm.Mtg.07/29/97
GameWorks Height Modification
REQUEST:
ARESOLUTIONOFTHE MAYOR ANDTHECITYCOMMISSIONOFTHE CITY OFSOUTHMIAMI,FLORIDA,
RELATING TO AN APPLICATION BY SEGA GAMEWORKS,ONBEHALFOF BAKERY ASSOCIATES,LTD.,TOMODIFY
THE SPECIAL EXCEPTION GRANTED UNDERRESOLUTION NO.70-95-9619,INORDERTOMODIFYTHE BUILDING
HEIGHT OF TWO ARCHITECTURAL FEATURES AT THE GAMEWORKS FACILITY WITHIN BAKERY CENTRE
REDEVELOPMENT IN ACCORDANCE WITH DRAWINGS ONFILE WITH THE CITY;PROVIDING FINDINGS OF FACT,
CONCLUSIONS OF LAW,AND AN ORDER;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;AND,
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
OnJuly 8,1997,Sega GameWorks,onbehalfofBakery Associates,Ltd.,submitted application for
anamendmenttotheSpecialExceptionfortheBakeryCentre Redevelopment.Thisamendmentis
pursuant to Sub-sections 31 and32under Section 3of Resolution No.70-95-9619 which authorized
the Special Exception forthe Bakery Centre Redevelopment project.Sub-sections 31 and32 provide
forreviewbytheCityCommissionunderthe discretionary powersgrantedtotheCityManager.
OnMay6,1997,the Environmental Review &Preservation Boardvoted3:0to recommend tothe
City Commission thatthey consider design elements above and beyond theCity'sheight restrictions,
within reason,as proposed onthe plans.ThisitemmustreturntotheERPBfortheirfinal approval.
RECOMMENDATION:Approval.
Attachments:
ProposedResolutionforAdoption
Exhibit 1:ReducedExcerptsfromSubmittals
Letter fromSega GameWorks,L.L.C.
Letter of Consentfrom Bakery Associates,Ltd.
ExcerptedERPBMinutesfromMay6,1997
CityManager's Report:GameWorksHeightModification
EXHIBIT 1:
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I hereby certify that this plan,
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July 8,1997
L Dennis Witt
City Manager
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
Dear Dennis:
Re:GameWorks Request for Resolution Modification
Architectural Features Exceeding 62 Feet in Height
The purpose ofthisletterisfor Sega GameWorks L.L.C.("GameWorks")to request an
amendment to Resolution No 165-96-9919 which previously approved tocertain
architectural features of the Shops at Sunset Place project that exceed 62 feet in
height.
GameWorks asks foramodificationtothisresolutionwithregardtotwoarchitectural
features that make up partof our exterior facade.These two features,as shown on the
enclosed print,exceed the current elevation requirements by 14feet.
Please note onMay6,1997,during GameWorks initial presentation before the ERPB,
the Board recommended that City Council approve GameWorks'request forthis
resolution modification.
Ifyou have any questions or comments withregardto the above,please feelfreeto
contact me at (818)509-6120.
truly,
5e L.Miller,Esc
Director of ContractJAdministration/Legal
cc:John Leisner
Tirr Sepieili
David Pushkin
Joel House
Stuart Bailey
Jonathan Watts,Cunningham Group
Ron Grabill,Simon DeBartalo
Bill Mackey,Cityof South Miami
10 Universal City Plaza•Suite 2350 •Universal City,CA 91608
(L
EXCERPTED
jrf"*^SUMMARY MINUTES
ENVIRONMENTAL REVIEW &PRESERVATION BOARD
REGULAR MEETING
MAY 6,1997 -8:30AM
IV.REQUESTS FOR APPROVAL
F.TENANT BUILD-OUT (Preliminary)[EB-97-026]
Applicant:Cuningham Group (Architect for Gameworks)
Address:5701Sunset Drive (ShopsatSunsetPlace)
Note:Thispreliminaryapplicationisthefirst of manytenantbuild-outapplicationsforthe
ShopsatSunsetPlace.Thelocation of thistenantisontheinteriorstreet of the project.
Staff:Staff recommendsapproval of theapplicationassubmitted,withtheconditionthatthe
CityCommissionconsiderdesignelementsaboveandbeyondthe City's height
restrictions,withinreason,asproposedontheplans.
1.Mr.Jonathan Watts andMr.Stuart Bailey signedinasthe representatives.
2.Staff presented the application totheBoard,statingthatthe application is being approved ona
preliminary basisatthistime.
3.The Board reviewed the application.
a.The Board andthe representatives discussedarange of issues,including the concept of
Gameworks,the satisfaction of applicablecodes,theproposalforanycolors,etc.
b.Mr.Cooke-Yarborough inquired astowhatplans,if any,have been developed forthe rear
elevation,or back wall,areaatthe Gameworks location within the development.
4.Motion:Mr.ChristopherCooke-Yarboroughmovedapproval of theapplication,basedonthe
conditions(1)thattheapplicantdeterminesthepartyresponsiblefordevelopingplansthatwould
enhancetherearelevation of theGameworkslocation,possiblybyincludingadecorativemuralor
plant material for that particular area;and(2)that the ERPB encourages the City Commission to
consider approving design elements inthe application that would rise,within reason,above the
City's height restrictions.Mr.Whitehead seconded the motion.
5.Vote:Approved:3Opposed:0
Excerpted ERPB Min 05/06/97
/*