Res No 165-96-9919RESOLUTION NO.165 -96 -9919
A- RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE APPLICATION
OF BAKERY ASSOCIATES, LTD. TO MODIFY THE SPECIAL
EXCEPTION APPROVED BY RESOLUTION N0. 70 -95 -9619 AS
AMENDED BY RESOLUTION NO. '164 -95 -9713, TO POTENTIALLY
REPLACE 50,000 SQUARE FEET OF RETAIL SPACE WITH A 450
SEAT IMAX THEATER AND TO MODIFY THE BUILDING HEIGHTS OF
CERTAIN STRUCTURES WITHIN THE BAKERY CENTRE REDEVELOPMENT
IN ACCORDANCE WITH PLANS FILED WITH THE CITY; 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 (jointly the
"Special Exception "), for a project known as the Bakery Centre
redevelopment; and
WHEREAS, Bakery Associates, Ltd, has applied for a
modification of the Special Exception to replace approximately
50,000 square feet of retail space with a 450 seat IMAX theater and
to modify the heights of various architectural features within the
redevelopment to be consistent with construction plans submitted to
the City.
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 including a 450 seat IMAX theater
provided that in the event of construction of said IMAX theater,
the amount of approved retail space in the project shall be reduced
from 397,000 square feet to 347,000 square feet.
3. Architectural features exceeding 62 feet in height as set
forth in the plans entitled "Sunset Place ", Retail Permit Package,
Volumes I and II dated August 7, 1996 and not previously shown on
the drawings of building elevations submitted into evidence at the
May 2, 1995 Special Exception hearing are hereby approved.
EXHIBIT "C"
Page 2 of Res. #165 -96 -9919
4. Based on the application for amendment to the Special
Exception and the representations of the applicant at the public
hearing, the applicant has satisfied its burden of demonstrating
that:
a. 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.
b. The proposed redevelopment is still compatible with
the land uses and development intensities prescribed by all
applicable city regulations.
C* The proposed modifications to the Special Exception
are compatible with the design criteria established for the
Hometown District and with the overall image of the City.
d. The proposed modifications do not impair the
effective management of traffic, parking, lighting, noise and
waste generated by the development, nor do said modifications
create adverse impacts on public facilities and services.
e. The proposed modifications do not expand the
permitted uses within the Hometown District.
f. The proposed modifications will not have an
unfavorable effect on the economy of the City of South Miami.
g. The proposed modifications, 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.
59 Accordingly, the request to amend the Special Exception
to allow the modified plan of redevelopment as set forth in the
building plans on file with the City entitled "Sunset Place ",
Retail Permit Package, Volumes I and II dated August 7, 1996.
6. Resolution No. 70-95 -9619, as amended by Resolution No.
164 -95 -9713 and by this Resolution, shall remain in full force and
effect.
Section 2. Severability.
If any phase, clause, sentence, paragraph or section of this
Resolution shall be declared unconstitutional or is otherwise held
invalid by a court of competent jurisdiction, the determination
shall not affect the remaining phrases, clauses, sentences,
paragraphs and sections of this Resolution.
-2-
Page 3 of Res. #165 -96 -9919
Section 3. Effective Date.
This Resolution shall become effective on adoption.
PASSED AND ADOPTED this Ist day of October 19960
ATTEST:
CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ORL95 26476.1 - SMW
Draft Date 9/1696
-3-
APPROVED:
COMMISSION VOTE:
Mayor Cunningham: Yea
Vice Mayor Robaina: Yea
Commissioner Price: Yea
Commissioner Bethel: Yea
Commissiner Young: Yea
t
'o: Mayor and City Commission
Tom: L. Denms Whitt
City Manager
REQUEST:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Date: September 23, 1996
Agenda Item # 14
Re: Comm. Mtg. 10/01/96
Special Exception Resolution
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
APPROVING 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, TO
POTENTIALLY REPLACE 50,000 SQUARE FEET OF RETAIL SPACE WITH A 450 SEAT IMAX TTIEALER AND TO
MODIFY THE BUILDING BEIGITrS OF CERTAIN STRUCTURES WITHIN TBE BAKERY CENTRE
REDEVELOPMENT IN ACCORDANCE WITH PLANS FILED WITH THE CITY; PROVIDING FINDINGS OF FACT,
CONCLUSIONS OF LAW AND AN ORDER; PROVIDING AN EFFECTIVE DATE.
BACKGROI.IND & ANALYSIS:
On September 16, 1996, the representative of Bakery Associates, Ltd., namely Shutts & Bowen,
submitted an application for an amendment to the Special Exception for the Bakery Centre. This
amendment is pursuant to Sub - sections 31 and 32 under Section 3 of Resolution No. 70 -95 -9619
which authorized the Special Exception for the Bakery Centre Redevelopment project.
Sub - sections 31 and 32 require mandatory review by the City Commission for an increase in
theater seats and optional review for other issues, such as increased building heights, under the
discretionary powers granted to the City Manager. The changes requested are the minimum that
are necessary to permit the IMAX Theater tenant space at the Bakery Centre Redevelopment.
On September 17, 1996, the Environmental Review & Preservation Board, upon hearing that the
applicant must present an application to amend the Special Exception (in order to permit tower
features), voted 5:0 to recommend to the City Commission that they consider design elements
above and beyond the City's height restrictions, within reason, as proposed on the plans. Also,
the Board spoke in favor of adding such features which would provide focal points and distinct
elements to the development. The ERPB did not review the currently proposed IMAX theater.
RECOMMENDATION: Approval.
Attachments:
Proposed Resolution for Adoption ( "Exhibit C ")
Letter from Applicant dated September 16, 1996
Elevations from Wolfberg, Alvarez & Partners (Exhibit A ")
Letters from IMAX Corporation dated July 11, 1996 (Exhibit B")
Modified Floor Plan Excerpts of Proposed IMAX Theater
City Manager's Report: Special Exception Resolution
ATTORNEYS AND COUNSELLORS AT LAW
IA PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO, FLORIDA 32801
TELEPHONE (407) 423 -3200
FACSIMILE (407) 425 -8316
September 16, 1996
Mr. Eddie Cox
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Amendment to Bakery Centre Special Exception
Dear Mr. Cox:
This office represents Bakery Associates, Ltd., owner of the
Bakery Centre redevelopment project located at 5701 Sunset Drive in
the City of South Miami. Pursuant to paragraph 31 of Special
Exception Resolution No. 70 -95 -9619, dated May 2, 1995, as modified
by Resolution No. 164 -95 -9713, dated October 5, 1995 (jointly
hereafter referred to as the "Special Exception ") , City Commission
approval is hereby requested for the following amendments to the
Special Exception:
10 Provide the flexibility to add a 450 seat IMAX theater
conditioned upon reduction of retail space by 50,000
square feet.
2. Modify the height of certain architectural features to
insure consistency with the current building plans.
Attached as Exhibit "A" is a memorandum from the Wolfberg,
Alvarez & Partners architectural firm itemizing the architectural
features in the currently proposed plans which exceed the
previously approved height of 62'.
AMSTERDAM OFFICE KEY LARGO OFFICE LONDON OFFICE
EUROPA BOULEVARD 59 OCEAN REEF CLUB 48 MOUNT STREET
1083 AD A MSTER DAM, 31 OCEAN R E EF DRIVE LONDON WIY 5RE ENGLAND
THE NETHERLANDS SUITE A206, TELEPHONE 011 -44171493 -8W
TELEPHONE 011-3120661.0969 OCEAN REEF PLAZA FACSIMILE DII- 417149 }4299
FACSIMIU011 3120 642-1475 KEY LARGO. FLORIDA 33037
TELEPHONE 1305) 367.2801
MIAMIOFFICE
15W MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131
MIAMI (3051358 6300
BROWARD1305)467-8641
FACSIMILE (30513819982
WESTPALM BEACH OFFICE
ONE CLEARLAKE CENTRE. SUITE 500
250 AUSTRALIAN AVENUE SOUTH
WEST PALM BEACH. FLORIDA 33401
MAILING ADDRESS P, O. BOX 3555
WEST PALM BEACH. 03JW2 3555
TELEPHONEIW7)B35 A835 S500 (`w• / /{/
FACSIMILE (407) 6508530
Mr. Eddie Cox
September 16, 1996
Page 2
The requested change to accommodate the IMAX theater is also
the subject of a Notification of Proposed Change to the DRI which
was submitted to the City on September 12, 1996. Attached as
Exhibit "B" is a copy of the July 11, 1996 letter from IMAX
Corporation to Tom Schneider of Simon Property Group explaining the
unique characteristics of the IMAX theater experience.
Enclosed as Exhibit "C" is a proposed Resolution incorporating
the requested amendments to the Special Exception.
It is my understanding that the approval of these requested
changes to the Special Exception will be considered by the City
Commission at its meeting on Tuesday evening, October 1. The
owners representatives, as well as its design consultants, will be
present at the Commission meeting to address any questions or
comments from the Commissioners.
Should you have any questions or comments, please do not
hesitate to call.
very truly/ yours,
W
JGW /smw
Enclosures
cc: William Mackey, City Planner (Federal Express) -
Earl Gallop, City Attorney (Federal Express)
Thomas J. Schneider (Federal Express)
Judy Burke, Esquire (Federal Express)
Marcel Morlote (Federal Express)
Rob Curtis (Federal Express)
Rise' Friedman (Federal Express)
Ronald Grabill (Federal Express)
Aaron Cohen (Federal Express)
ORL95 26451.1 - SMW
9
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The elevation features above elevation 62 feet are shown on the
Permit Set of drawings dated 8/7/96 and marked as "NOT PART OF
THIS PERMIT ". The 8 features are located as follows:
11 Sunset Drive, Sheets A -A4.01 and A -A4.11 ® the feature at
the west corner above the elevator lobbies of the west
residential entry.
2. The tower feature, Sheets A -A4.15 and A -A4.05 at the center
of the project - This feature is entry from the garage and
has 3 main elevators and 1 stair.
3. Bridge connector A -A407, at the east termination point of a
bridge crossing the interior
4v.
u.
uu
,:J.
B- A4.05, B -A4.07
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The elevation features above elevation 62 feet are shown on the
Permit Set of drawings dated 8/7/96 and marked as "NOT PART OF
THIS PERMIT ". The 8 features are located as follows:
11 Sunset Drive, Sheets A -A4.01 and A -A4.11 ® the feature at
the west corner above the elevator lobbies of the west
residential entry.
2. The tower feature, Sheets A -A4.15 and A -A4.05 at the center
of the project - This feature is entry from the garage and
has 3 main elevators and 1 stair.
3. Bridge connector A -A407, at the east termination point of a
e. Clock tower C- A4.13, at the plaza, Building C.
All of these features do not have public accessible space above
elevation 62 and are non - habitable space.
These elevation features reduce the overall mass of the building
and provide a small scale to the elevations in accordance of the
intent df the hometown plan.
5960 SOL?HWEST 57TH AVENUE • MIAMI, FLORIDA 33143 • TELEPHONE (305) 666 -5474 • FAX (305) 666 -4994
EXHIBIT "A" - ITEMS 1 -8
9
bridge crossing the interior
street.
4.
Shutter feature Sheets A- A4.09,
A- A4.17,
B- A4.05, B -A4.07
and B -A4.11 at the north end
of
Building
B.
54
Sunset Drive feature B -A4.01
at
the west
residential lobby
elevator /lobby /entry.
60
Red Road stair feature, B -A4.03
above stir #STB2.
7.
Interior street feature, B -A4.07
located
above escalators
ESB -1 and ESB -2.
e. Clock tower C- A4.13, at the plaza, Building C.
All of these features do not have public accessible space above
elevation 62 and are non - habitable space.
These elevation features reduce the overall mass of the building
and provide a small scale to the elevations in accordance of the
intent df the hometown plan.
5960 SOL?HWEST 57TH AVENUE • MIAMI, FLORIDA 33143 • TELEPHONE (305) 666 -5474 • FAX (305) 666 -4994
EXHIBIT "A" - ITEMS 1 -8
9
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Sr. Vice President - Development
Simon Property Group
115 West Washington Street
Indianapolis, Indiana 46207
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allow the theater to be pigeon-holed in a way that limits the nature of our firture product as
Imax expands its presence in the commercial enurtaininent domain. However, I believe that
of ways, 1 . 1 historically, being only one point of f . how
position rh theatres and . „ 4D presentations:
Imax markets not just the film but the experience. It is different from traditional conventional
cinema It presents the AMAX® Experience' in large auditoriums that have steeply raked
seating so everyone, including the smallest child has an unobstructed view of the screen. The
screen itself is wider than the seating area and is from 50 to 80 ft high so that you get an all
encompassing panoramic view that makes you feel lice you have a window on the world.
. . . l ,1 .
Mom than I IS films in the DAAX4D library (IMAXZ 3D theatres can also shovV2D
programming). 1 er films in development r. production.
IArger-dianolife sense of realism, through extraordinary images and sound
Powerful, immersive, capable of transporting audimces, puts you in the movies (am the
..rl the 1♦ beg thing tu -n•
• Highest quality, enriching family entertainment
• • . ' - innovative, u a. u » . r
Entertaining • Unique
• way to learn
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Page 1 of 3 Pages
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Additional points relevant to D4AXV 31):
Ile uniqueness of the experience *,, them are only 130 DdAX4D theatres worldwide (March
30,1996) and of those only a handful (19) have this incredibly realistic 3D capability, The
community is benefitting from new leading edge •1 u 1 .1 attraction which will be
11 • 1 ..• n themselves and the local economy.
1 I i l experience 1 powerfid that II::•.8 viewers always remember their first
1 l film.
Image of uncompromising clarity that: encompasses the entire ♦ 1 Of
vision, .'f 11 • 1 -r with six channels of immersive sound, transport YI 1 1 r 1•. wherever
the filmmaker wishes.
The I 0 v frame 1 times the size of conventional !! li offering 1 times I
information projected 1 1 • the screen, creating the greatest moving picture canvas L, q
• 1
Specially-desigmed theatres offer Il :r sound 11 1 Iti adding •11.'
credibility of an experience literally 1A the audience n the picture.
1 • I :111 1 • 1 : • • 1 1 11 � 1 1 _ l •1 : 11 • 11 i II •1 : , •
• It•1 111 1 :1 1 t 1 •- -• 11 i!1
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• explain the medium and the experience 11 that the • 1 about to have.
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in Washington, /' ., Loockheed-Corporation :1111 National Aeronautics and
Administration for the production 1 spaocoriented films. Together, the partners
I f 0.: 1 1- • 1 1 1 ♦ I♦ Y I (• 1 111 • '_a l q 1' • 1 1♦ `1 1 61 I I'1
=films: The Dream Is OV 1 4 1
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ideas. Imax also works with NASA!s Jet Propulsion Laboratory toProduce images from
raw data.
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EXHIBIT IIB11
Page 2 of 3 Pages IT
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Imax. rbeen . I r bottom of the ocean ,, r "f. the Titanic, , filmed in the Antarctic, and
recently an IMAXQ) camera was carried tDthe top of Mount Everest where it recorded this
1 . event '1 1 our commercial theaters ra the traditional r.:11.I n
11 : product JI the daytime, 11 more entertainment oriented p ' •, 11 II II • II 1/ evening.
result, ' 1.1 presentations `. . 1 • experiences Y. s" 1 1 • l groups fp • we .
very strong : r 1. scientifically/historically Ir.. 1 r 11. . maximize 11
learning experience dud an :� 4+ film con bring.
• the n• than 1 (. • theaters currently in operation in countries u. u• n 82 are, 11 A .1 n 1 . 1 -n. •. 1 a i• 1 r l r -r many 1. 1 r I r -. theater list but I I • n n• 1• • :I n 1 1+ 11 at .1 11 n• 1 1 t. l .: I: +u -O r -. 'rnla 1 r
Museum in Germany, The Osaka 1 Museum in Japan, Goode in and numero
other institutions throughout the United rl
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County, : examples of highopmfile theaters that offer our most adv: 1 - • high-
quality
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some •• •1: promotional ma that thought might helpfid. If you have 1
:&uestions, please feel five to give me a call at (416)960-4363,
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EXHIBIT "B"
Page 3 of 3 Pages
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NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will
conduct a Public Hearing during its regular City Commission meeting on Tuesday, October 1,
1996 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider
the application of the Bakery Centre, LTD, to modify the Special Exception approved by
Resolution No. 70 -95 -9619 as amended by Resolution No. 164 -95 -9713, to potentially replace
50,000 square feet of retail space with a 450 seat imax theater and to modify the building heights
of certain structures within the Bakery Centre Redevelopment in accordance with plans filed
with the City.
Inquiries concerning this item should be directed to the Planning Division at: 663 -6327.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission
with respect to env matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need
to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
r ATE OF FLORIDA
OUNTY OF DADE:
Before the undersigned authority personally appeared
>telma V. Ferbeyre, who on oath says that she Is the
iperyisor, Legal Notices of the Miami Daily Business
wiew f /k/a Miami Review, a daily (except Saturday, Sunday
'd Legal Holidays) newspaper, published at Miami In Dade
mnty, Florida; that the attached copy of advertisement,
ing a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - 10/1/96
APPLICATION OF THE BAKERY CENTRE,
LTD.
the........................ XXXXX...... ............................... Court,
is published in said newspaper in the issues of
Sep 20, 1996
Af ent further says that the said Miami Daily Business
view is a newspaper published at Miami in said Dade
unty, Florida, and that the said newspaper has heretofore
en continuously published in said Dade County, Florida,
;h day (except Saturday, Sunday and Legal Holidays) and
s been entered as second class mail matter at the post
ice in Miami in said Dade County, Florida, for a period of
e year next preceding the first publication of the attached
oy of.advertisement and affefurt s that she has
aher pa id promised any rm corporation
j disco ,rebate, commi d fo the purpose
sec no.tMs advertis ncat n in the said
Sworn to and subscribed before me this
20 Se
:AL) v
telma V. Ferbeyre personally known
96
A.D. 19......
JANETT LLERENA
If =. ,+,' i1 COMV,'S.^:CN kV46EH
CC566004
,t O
e> rry crrlr,MSSIDIU expIRFs
OF a� JUNE 23.2000
AML
CITY
OF
SOUTH
MIAMI
NOTICE
OF
PUBLIC
HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular
City Commission meeting on Tuesday, October 1, 1996, beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the application of the Bakery Centre, LTD, to modify the
Special Exception approved by Resolution No. 70-95 -9619 as
amended by Resolution No. 164 - 95.9713, to potentially replace 50,000
square feet of retail space with a 450 seat imax theater and to modify
the building heights of certain structures within the Bakery Centre
Redevelopment-in accordance with plans filed with the City.
Inquiries concerning this item should be directed to the Planning
Division at: 663.6327.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered
at its meeting or hearing, he or she will need a record of the proceed -
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
9120 96.3. 092061 M
0