Res No 189-96-9943RESOLUTION NO. 189-96-9943
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ACTING UNDER AUTHORITY OF
SECTION 380.06 (19) FLORIDA STATUTES, DETERMINING THAT
PROPOSED CHANGES TO THE BAKERY CENTRE DEVELOPMENT OF
REGIONAL IMPACT DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION, ORDERING THAT FURTHER DRI REVIEW IS NOT
REQUIRED, AND APPROVING A DEVELOPMENT ORDER FOR CHANGES
TO THE PREVIOUS APPROVED PLAN OF DEVELOPMENT; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami City Commission approved
Resolution No. 133-94-9534 on December 6, 1994, approving a
modified development order under Section 380.06(15), Florida
Statutes, for changes to a previously approved plan of development;
and
WHEREAS, Resolution No. 133-94-9534 was modified on May 16,
1995, by Resolution No. 78-95-9627; and
WHEREAS, the owner has submitted a Notification of Proposed
Change to a Previously Approved Development of Regional Impact
(NOPC) requesting various modifications to the Development Order to
permit the replacement of certain retail space with a 450 seat IMAX
theater; and
WHEREAS, the requested change is presumed not to create a
substantial deviation subject to further development of regional
impact review pursuant to Florida Statute 380.06(19)(e)(1); and
WHEREAS, on H~VeJ11!~?lL~ 1996, 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 on the
NOPC, as required by Section 380.06(19), Florida Statutes; and
WHEREAS, all procedural requirements of the laws of the State
of Florida and the Land Development Code of the City of South Miami
have been met; and
WHEREAS, the City Commission, after weighing all the competent
evidence presented at the hearing, has determined that (1) the
proposed modified plan of development requested by the owner is not
a substantial deviation requiring further DRI review, and (2)
approval of the revised development subject to the conditions and
requirements specified in this Resolution will further the interest
of the health, safety and welfare of the citizens and residents of,
and businesses in, the City of South Miami.
EXHIBIT "C"
Page 2 of Res. #189-96 -9943
NOW, THEREFORE, BE I T RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals and whereas clauses are
true and correct and are hereby incorporated into and made a part
of this Resolution .
Section 2. The City hereby determines that the requested
changes set forth in the NOPC do not constitute a substantial
deviation and do not require further development of regional impact
review.
Section 3. The description of the modified development as set
forth in Section l(f)(l) of Resolution No. 133 -94-9534 is hereby
amended to (i) reduce the 397,000 square feet of retail space to
approximately 347,00 square feet of retail space and (ii) add
a 450 seat IMAX theater.
Section 4. Other than as modified by this Resolution,
Resolution No. 133-94-9534, as amended by Resolution ~o. 78-95-
9627, shall remain unchanged and in full force and effect .
Section ' 5. The City Clerk shall transmit copies of this
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 6. This Resolution will take effect immediately upon
approval.
PASSED AND ADOPTED this 5 th day of
ATT EST:
£Z~JAU&
CITY CLERK ~
ORL9, 25866 .2 -SMW
Oral! Dale 9/12196
-2-
__ ~N~o~v~e~m~b~e~r ___ , 1996.
APPROVED:
-~~
"nV1n "'" CE MAYOR
,
CO ~~I SS I ON VOTE:
Mayor Cu n n in g ham :
Vi ce May or Roba in a :
Comm i ss i o ne r Pr i ce :
Comm i ss i oser Bet he l:
Co mmi ss i o ner Yo un g:
4 -0
Not p r ese n t
Yea
Yea
Yea
Yea
0:
rom:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor and City Commission
4!<-d~
L. Dennis Whitt
City Manager
REOUEST
Date:
Re:
October 17,1996 ,1 Agenda Item #
Comm. Mtg. 11105/96
Bakery Centre NOPC
A RESOLUTION OF TI110 MAYOR AND CIlY COMMISSION OF TI1E CllY OF SOlJIH MIAMI. FLORIDA. ACTING
IJNDER AUTHORllY OF SECTION 380.06 (19) FLORIDA STA1VfES. DETERIVIINING TIlAT PROPOSED
CHANGES TO TI1E BAKERY CENTRE DEVELOPMENT OF REGIONAL IMPACT DO NOT CONSTITDTE A
SUBSTANTIAL DEVIATION. ORDERING TI1A T FURTI1ER DRI REVIEW IS NOT REQillRED, AND APPROVING A
DEVELOPMENT ORDER FOR CHANGES TO TIlE PREVIOUS APPROVED PLAN OF DEVELOPMENT: PROVIDING
FOR SEVERABlLIlY AND AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
On October I, 1996, the City Commission approved a modification to the Special Exception for
the Bakery Centre Redevelopment, regarding additional height for architectural features and an
approval for an IMAX Theater to be located near US I. This proposed resolution addresses the
IMAX Theatre in relation to the requirements of the Florida Statutes.
Pursuant to Section 380.06 (19) of the Florida Statues, the City Commission may determine that
the addition of the IMAX Theater and subsequent reduction of retail space by 50,000 square feet
is not a substantial deviation requiring further review of the Development of Regional Impact.
RECOMMENDATION: Approval.
Attachments:
Proposed Resolution for Adoption ("Exhibit C")
NotifIcation of a Proposed Change Application
Letter from IMAX dated July II, 1996 ("Exhibit B")
Letters from Applicant dated September 12, 1996
City Manager's Report: Bakery Centre NOPC
FORM RPM-BSP-PROPCHANGE-l
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4925
BAKERY ASSOCIATES, LTD.
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06 (19) , Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning agency, and the
state land planning agency according to this form.
1. I, JAMES G. WILLARD, the undersigned authorized representative
of BAKERY ASSOCIATES, LTD. a Florida limited partnership,
hereby gives notice of a proposed change to a previously
approved Development of Regional Impact in accordance with
Subsection 380.06(19), Florida Statutes. In support thereof,
I submit the following information concerning the BAKERY
CENTRE DRI development, which information is true and correct
to the best of my knowledge. I have submitted today, under
separate cover, copies of this completed notification to the
City of South Miami, to the South Florida Regional Planning
Council, and to the Bureau of State Planning, Department of
Community Affairs.
S (fa fa-, /-e,. I 2--/ 1'1 '1 b
( ate) / Signature)
JameS" G. Willard
Au ' orized Agent
/1
2. Applicant (name, address, phone).
Bakery Associates, Ltd.
c/o Thomas J. Schneider, Senior V.P. Development
National City Center
115 W. Washington Street
Indianapolis, Indiana 46204
317/263-7032
317/685-7221 (Fax)
3. Authorized Agent (name, address, phone).
James G. Willard
Shutts & Bowen
20 N. Orange Avenue -Suite 1000
Orlando, Florida 32801
407/423-3200 (Office)
407/425-8316 (Fax)
4. Location (City, County, Township/Range/Section) of approved
DRI and proposed change.
The Bakery Centre DRI is located
South, Range 40 East, City of
Florida.
in Section 25, Township 54
South Miami, Dade county,
The DRI property contains approximately 10.39 acres located
south of U.S. Hwy. 1, north of S.W. 72nd Street (Sunset
Drive), east of S.W. 58th Avenue and west of S.W. 57th Avenue
(Red Road).
5. Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, build-out date,
development order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
Applicant seeks to amend the existing DRI Development Order to
replace approximately 50,000 square feet of retail space with
a 450 seat IMAX theater.
-2-
11
The project master site plan, a copy of which is attached
hereto as Exhibit "A", will not Change.
A detailed explanation of the lMAX theater product and
experience is set forth in the letter from lMAX Corporation to
Thomas J. Schneider dated July 11, 1996, attached hereto as
Exhibit "B".
6 . Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the development. If
no change is proposed or has occurred, indicate no change.
Because of the limited nature of the proposed change, the
following Substantial Deviation Analysis is provided in lieu
of the completion of Substantial Deviation Determination Chart
normally provided with this Application:
Substantial Determination Analysis
A. The proposed change is presumed not to create a
substantial deviation pursuant to Florida Statute
380.06 (19) (e) 1. This determination has been confirmed
with Ms. Kay Carlson, Mike McDaniel and Tom Beck of the
Florida Department of Community Affairs at a meeting in
Tallahassee on September 5, 1996. Accordingly, unless
clear and convincing evidence is presented at the public
hearing to be held by the City of South Miami, no further
development of regional impact review is required.
B. The lMAX theater will displace approximately 50,000
square feet of retail space with a corresponding
reduction in transportation and parking impacts.
C. No change is proposed to the number of parking spaces
already authorized and permitted pursuant to the existing
Development Order.
D. A reduction in transportation impacts is anticipated in
light of the off-peak nature of the demand associated
with the lMAX theater as compared with the retail space
which is being eliminated.
7. List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i. e. , any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government jurisdiction for any portion of the development
-3-
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
The original DRI Development Order was approved by the City of
South Miami on October 25, 1982, Resolution No. 65-82-4065.
On October 17, 1989, pursuant to Resolution No. 65-82-4065-A,
an amendment to the Development Order extending the build out
date was granted. On December 6, 1994, pursuant to Resolution
No. 133-94-9534, the Development Order was amended and revised
to reflect an updated plan of development consistent with the
City's Hometown District Overlay Ordinance. The most recent
change occurred on May 16, 1995, by Resolution No. 78-95-9627
correcting a scriveners error in Resolution No. 133-94-9534.
There has been no change in local government jurisdiction for
any portion of the development since the original approval.
8. Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
No additional lands were purchased or optioned since the
approval of the initial Development Order.
9. Indicate if the proposed change is less than 40% (cumulatively
with other previous changes) of any of the criteria listed in
Paragraph 380.06(19)(b), Florida Statutes.
Response: The proposed change is not less than 40% of the
criteria listed in Florida Statutes 380.06(19)(b).
Do you believe this notification of change proposes a
change which meets the criteria of Subparagraph
380.06(19)(e)2., F.S.
YES NO x
10. Does the proposed change result in a change to the buildout
date or any phasing date of the project? If 50, indicate the
proposed new bui1dout or phasing dates.
No, the proposed change does not result in a change to the
buildout date or any phasing dates of the project.
-4-
17
11. Will the proposed change require an amendment to the local
government comprehensive plan?
No, the proposed change does not require an amendment to the
local government comprehensive plan.
12. An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
An updated master site plan, attached as Exhibit "A", will not
change.
13. Pursuant to Subsection 380.06(1)(f), F.A., include the precise
language that is being proposed to be deleted or added as an
amendment to the development order. This language should
address and quantify:
a. All proposed specific changes to the nature, phasing, and
build-out date of the development; to development order
conditions and requirements; to commitments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
preservation, green belts; to structures or to other
improvements including locations, square footage, number
of units; and other major characteristics or components
of the proposed change;
b. An updated legal description of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
c. A proposed amended development order deadline for
commencing physical development of the proposed changes,
if applicable;
d. A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
e. A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be.subject to down-zoning, unit density reduction, or
intensity reduction, if applicable; and
-5-
11
f. Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025(7), F.A.C.
The precise language proposed to be added to or changed in the
Development Order is set forth in Section 3 of the draft
Resolution attached hereto as Exhibit "C".
ORl95 25860.2 -SMW
Draft Dale 9/12196
-6-17
_SEP-Ojl-96.j10N 18: 42
~~~\ ======~)I ~ ===~)l ~ ====
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~KERY CENTRE DEVELOPMENT MASTER PLAN
lUTH MIAMI t FLORIDA ~-.......... ,.-
EXHIBIT "A"
P.02
/1
,
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HEAD OFFICE
38 Isabella 5t.,Toronto,Ontario,Canada MlY 1N1
Telephone: (416) 96G-SS09
Fax: (416) 96G-8596
IMAX CORPORATION
Mr_ Thomas J_ Schneider
Sr_ Vice President -Development
Simon Property Group
115 West Washington Street
Indianapolis, Indiana 46207
Dear Tom:
-.J
TECHNOLOGY CENTRE
252S Speakman Drive, Sheridan Park
Mississauga, Ontario, Canada l5K 1B1
Telephone: (905) 855-1379 Fax: (905) 855-2606
TORONTO, Ontario
July 11, 1996
As you requested, I am enclosing a description of the "IMAX® product" for your discussions
with the City to begin to explain the IMAX® experience. While one could certainly describe
the majority of existing IMAX® films as a cross between education and entertainment, I cannot
allow the theater to be pigeon-holed in a way that limits the nature of our future product as
Imax expands its presence in the commercial entertainment domain. However, I believe that
you can legitimately distinguish the IMAX® experience from conventional cinema in a number
of ways, film content, at least historically, being only one point of difference. Here's how we
position and view lMAX® theatres and the IMAX® presentations:
lmax markets not just the film but the experience. it is different from traditional conventional
cinema. It presents the 'IMAX® 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 like you have a window on the world.
lMAX® films bring distant, exciting worlds within your grasp, while IMAX® 3D films let you
actually reach out to try to touch the world around you.
• More than 115 films in the lMAX® library (IMAX® 3D theatres can also show 2D
programming). There are currently 59 films in development and production.
• Larger-than-life sense of realism, through extraordinary images and sound
• Powerful, immersive, capable of transporting audiences, puts you in the movies (even the
astronauts say it's the next best thing to being there)
• Highest quality, enriching family entertainment
• Leading-edge, innovative, a "must-experience
• Unique
• Entertaining way to learn
.. J2
EXHIBIT "B"
Paqe 1 of 3 Pages
,
\.
Page 2
Additional points relevant to IMAX® 3D:
• The uniqueness of the experience -there are only 130 IMAX® theatres worldwide (March
3D, 1996) and of those only a handful (19) have this incredibly realistic 3D capability. "The
community is benefitting from a new leading edge film-basc;d attraction which will be a
boon to both themselves and the local economy.
• The IMAX® experience is so powerful that most viewers always remember their first
IMAX®film.
• Image quality of uncompromising clarity that encompasses the viewer's entire field of
vision, combined with six channels of immersive sound, transport the audience to wherever
the filmmaker wishes.
• The IMAX® film frame is 10 times the size of conventiona135mm offering 10 times the
infonnation projected onto the screen, creating the greatest moving picture canvas in the
world.
• Specially-designed theatres offer unparalleled sound and sightlines, adding to the
credibility of an experience which literally puts the audience in the picture.
In our treatment of patrons, there are many aspects that are more similar to live theater than to
conventional cinema. We have advanced ticketing, specific reserved seating, and a real guest
services approach to our audience. The experience is usually introduced prior to each screening
to explain the medium and the experience that the audience is about to have.
Imax positions itself primarily as family entertainment, appealing to all ages from the very
young to our older seniors. Imax features product that is typically a blend of education and
entertainment that often stimulates both the mind and the emotion. Imax has established
strategic relationships with corporations, governments and individuals. The prime example is
the Company's relationship with the Smithsonian Institution's National Air and Space Museum
in Washington, D.C., Lockheed Corporation and the National Aeronautics and Space
Administration ("NASA"), for the production of space-oriented films. Together, the partners
have made valuable contributions to public education through the production ofthree lMAX®
space films: The Dream Is Alive, Blue Planet and Destiny In Space. !max continues to work
closely with the Smithsonian and Lockheed Corporation on the development of additional film
ideas. Imax also works with NASA's Jet Propulsion Laboratory to produce space images from
raw data.
The fonnation of the Imax Natural History Film Unit ("NHFU") broUght one of the world's
leading wildlife film producers, Christopher Parsons, together with other top filmmakers to
produce natural history ftlms for Imax. The NHFU was supported by an Advisory Panel
comprised of such world-recognized natural history authorities as Sir David Attenborough, Dr.
Richard Leakey, Dr. Sylvia Earle, Ivan Hattingh, Professor Toshitaka Hidaka and Professor
Nicolia Drosdov. Imax and The National Geographic Society agreed to jointly develop,
arrange fmancing and produce Mountain Gorilla, an award-winning film studying this unique
species nearing extinction, in Rwanda's Virunga mountains.
.../3
EXHIBIT "B"
Paae 2 of 3 Paaes
11
Page 3
Imax has been to the bottom of the ocean to film the Titanic, has filmed in the Antarctic, and .
recently an IMAX® camera was carried to the top of Mount Everest where it recorded this
historic event. Even in our commercial theaters we present the traditional "edutainment" type of
Imax product in the daytime, with more entertainment oriented programming in the evening. As
a result, IMAX® presentations are wonderful experiences for school groups and we develop
very strong and scientificallylhistoricaIly accurate teacher's guides to help maximize the
learning experience that an IMAX® film can bring.
Of the more than 130 IMAX® theaters currently in operation in 21 countries around the world,
82 are, in fact, directly associated with a cultural or scientific institution. There are many
examples in the attached theater list but some of the more noteworthy are the IMAX® theaters
at the Smithsonian's National Air & Space Museum, Kennedy Space Center, The Deutches
Museum in Germany, The Osaka Science Museum in Japan, La Geode in Paris, and numerous
other institutions throughout the United States.
The recent commercial theaters, such as the Sony!MAX® theater in New York, the Navy Pier
IMAX® theater in Chicago, or the Edwards !MAX® Theater at the Irvine Spectrum in Orange
County, California are examples of high-profile theaters that offer our most advanced, high~
quality 3D and regular 2D lMAX® experiences. These theaters have proven to be successful
not only in appealing to the local patron but are also strong tourist attractions in their own right.
The facility we plan to open at Sunset Place will incorporate both traditional IMAX® 2D and
our advanced 3D technology, and will be targeted at both the local and tourist family markets.
Tom, I trust the above dissertation -a combination of factual data and our promotional
positioning -is helpful to you as you consider how to approach the city for the necessary
changes or exceptions to your DR!. I have also included an updated IMAX® theatre listing and
some additional promotional material that I thought might be helpful. If you have any
questions, please feel free to give me a call at (416)960-4363.
Sincerely,
Gregory J. Breen
President, !MAX Theatres
cc: Ed Latessa, Carpenter & Company, Inc.
Gill"bm
EXHIBIT "B"
Paqe 3 of 3 Paqes
17
SHUTTS & BOWEN
September 12, 1996
via FEDERAL EXPRESS
Mr. William Mackey
Director of Planning
City of South Miami
6730 Sunset Drive
r\TI'ORt\EYS :\\"D COUl\:SELLORS AT LAW
I .. PAR rNEI1SHJP I:\CLL:D!:\G PROFESSIO:\,\L ASSOCiATIONS)
20 NO III H ORANGE A\'E:\LJE
.... L:JTE 1000
ORLA\:DO. FLORIDA 32801
TELEPHONE (.jOil -l23·3201)
FACSL\lllE [40n 425·8316
South Miami, Florida 33143
Re: Notice of Proposed Change (NOPC) to Bakery Centre DRI
Dear Mr. Mackey:
As attorney and authorized agent for Bakery Associates, Ltd.,
owner of the Bakery Centre DRI, please find enclosed the original
Notification of a Proposed Change (NOPC) to the Bakery Centre DRI
pursuant to Florida Statutes 380.06(19).
The purpose of this change is to replace approximately 50,000
square feet of retail space with a proposed 450 seat IMAX theater.
Copies of this NOPC are being simultaneously transmitted by
overnight courier to the South Florida Regional Planning Council
and the State Department of Community Affairs.
Thank you for your attention to this matter.
hesitate to call with any questions or comments.
Please do not
JGW/smw
Enclosure
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TELEPllONE 13051 367 -lll:11
Very tru y yours,
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LO .... ·DON OFFICE
id \IOU:-.iT STREET
:D\:OO'" W1Y SRE E'>:GLA\:D
TELE PHO"E 011-~4171 '49J-48~O
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FIICSIMILE nosl 3BI-99B2
WEST PAL\l !lEACH OFFICE
()\'[ CLEMILAKE CE:-iTRE_ SL'ITE 500
':'>0 AUSTIlAUAN AVENUE SOUrH 1
WEST PALM BEACH, FLORIDA n~Ol'
MAILING ADDRESS P () BOX 3555
WEST PALM BEACH. FLORIDA 33~(U.3S .~
TELEPI[ONE (~071 B3S·B500
FACSIMILE (~071 6S0-B.l3D
Mr. William Mackey
september 12, 1996
Page 2
cc: Gerson Garcia, South Florida Regional Planning Council
Kay Carlson, Department of Community Affairs
Thomas J. Schneider
Judith Burke, Esquire
Rise' Friedman
Aaron Cohen
Rob Curtis, Bermello, Ajamil & Partners, Inc.
ORL95 26269.1 -SMW
11
SHU'ITS & BOWEN
September 12, 1996
via FEDERAL EXPRESS
Ms. Kay Carlson
A ITORNEYS AND COUNSELLORS AT LAW
fA PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO. FLORIDA 32801
TELEPHONE (407) 423·3200
FACSIMILE (407)425-8316
Bureau of Local Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
, Re: Notification of Proposed Change (NOPC) to Bakery Centre
DRI
Dear Kay:
As we discussed with Tom Beck and Mike McDaniel last week in
Tallahassee, please find enclosed a copy of the NOPC for the Bakery
Centre DRI in the City of South Miami, Dade County. The purpose of
the NOPC is to replace approximately 50,000 square feet of retail
space with a 450 seat lMAX theater.
Please call with any questions or comments.
JGW/smw
Enclosure
yours,
'---If7f-.-f::,fl/iil
cc: William Mackey, Director of Planning/City
Gerson Garcia, DRI Coordinator, SFRPC
Thomas J. Schneider
of South Miami ~
Judith Burke, Esquire
Rise' Friedman
Aaron Cohen
Rob Curtis,' B&A
ORL9S 26281.1 -SMW
AMSTERDAM OFFICE
EUROPA BOUlEVARDS9
1083 AD AMSTERDAM.
THE NETHERLANDS
LEPHONE 011·3 120-661·0959
\CSIMILE 011-3120-&42·1475
KEY LARGO OFFICE
OCEAN REEF CLUB
31 OCEAN REEF DRIVE
SUITE ,.,206.
OCEAN REEf PLAZA
KEY LARGO. fLORIDA 33037
TELEPHONE (305) 367·2881
LONDON OFFICE MIAMI OFFICE
oW MOUNT STREET 1500 MIAMI CENTER
LONDON W1Y SRE ENGLAND 201 5QIJTH BISCAYNE BOULEVARD
TELEPHONE 011-44111·493-4840 MIAMI. FLORIDA ]]131
FACSIMILE 011-4'4171.(9)-4299 MIAMI [3051 J~·6300
SROWARD (30S) 467·8641
fACSIMILE 130S) 381·9962
WEST PALM BEACH OffICE
ONE CLEARLAKE CENTRE. SUITE SOO
250AUSTRAUAN AVENUE SO\JTlf
WEST PALM aEACH. fLORIOA 334(11 1
MAIUNG ADDRESS P O. BOX 3555 I
WEST PALM BEACH. fLORIDA 334(12·355
TELEPHONE (4071 835·8500
fACSIMILE (4(171650·8530
SHUTfS & BOWEN
september 12, 1996
via FEDERAL EXPRESS
Mr. Gerson Garcia
DR! Coordinator
AITORNEYS AND COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
20 NORTH ORANGE AVENUE
SUITE 1000
ORlANDO. FLORIDA 32801
TELEPHONE {4071 423·3200
FACSIMILE (407)425-8316
South Florida Regional Planning Council
3440 Hollywood Boulevard -Suite 140
Hollywood, Fla. 33021
Re: NOPC to Bakery Centre DR!
Dear Mr. Garcia:
As attorney and authorized agent for Bakery Associates, Ltd.,
owner of the Bakery Centre DR! project in the City of South Miami,
Dade County, Florida, please find enclosed a copy of the
Notification of a proposed Change (NOPC) to the Bakery Centre DR!
pursuant to Florida Statutes 380.06(19). Also enclosed is my law
firm check in the amount $2,500 representing your review fee.
Copies of this NOPC have been simultaneously submitted to the
City and to Kay Carlson at the Florida Department of Community
Affairs.
! look forward to hearing back from you with any questions or
comments.
JGW/smw
Enclosures
AMSTERDAM OFFICE
EUROPA BOULEVARD 59
1OS3 AD AMSTERDAM.
THE NETHERLANDS
TELEPHONE 011·3120·661-0969
FACSIMILE 011·3120·642·1475
KEY LARGO OFFICE
OCEAN REEF CLUB
31 OCEAN REEF DRIVE
SUITE A206.
OCEAN REEF PLAZA
KEY lARGO. FLORIDA 33031
TELEPHONE(30SI361·2881
LONDON OFFTCE MIAMI OFFICE
48 MOUNT STREET 1500 MIAMI CENTER
LONDON W1Y SRE ENGLAND <01 SOUTH BISCAYNE BOULEVARD
rrUPHONE 011-44111-493-4&60 MIAMI. FLORIDA 33131
FACSIMILE 011-44171-'493--4299 MIAMI 1305] 358·6300
BROWARD 13051461-88-41
FACSIMILE (3051 381·9982
WEST PALM "ACH OFFICE 11
ONE CLEARLAKE en.TRE. SUlTE 500
2~O AUSTRAUAN AVENUE SOUTH
WEST PALM BEACH. FLORIDA JJ-«lt
MAILING ADDRESS p, 0 BOX 3555
WESTPA(J,f BEACH. FLORIDA 334<12·3555
TELEPHONE 14011835·8500
FACSIMILE (4011650·8530
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SHUTTS & BOWEN
ATIORNEYS AND COUNSELLORS AT LAW
:A PARTNERSHIP JloJCLtJ01NC; PROPESSIONAl ASSOCI.I,TIONSI
october 31, 1996
via FACSIMILE 305/663-6345
Mr. William Mackey
Director of Planning
City ot South Miami
6730 Sunset Drive
South Miami, Florida 33143
20 NOfl.'tH OM.NGE AVENUe
SUITE 1000
ORLANDO. FLORIDA JZeo1
TBLlSPHONE (~071 ~2:J-3Z00
FACSIMILE (4{)714ZSOS31(1
ReI Bakery Centre NOPC/DRI
Dear Bill:
Enclosed is a copy of the October 25, 1996 letter from Florida
Department of community Affairs indicating they have no objection
to the NOPC for the Bakery Centre DRI.
JGW/smw
Enclosure
~iJ!!r/
G.~d
cc: Thomas J. Schneider (Telecopy 317/695~7221)
Rise' Friedman (Telecopy 317/263-7038)
JudIth Burke, Esquire (TQlecopy)
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STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMElCENCY MANACEMENT • HOUSINC AND COMMUNITY DEVELOPMENT. RESOURCE PLANNINC AND MANAGEMENT
LAWTON CHILES
Governor
Mr. James G. Willard
Shutts & Bowen
20 North Orange A venue, Suite 1000
Orlando, Florida 3280 I
October 25, 1996
R.E: Bakery Centre; File #:82-032
Notice of Proposed Change
Dear Mr. Willard
lAMES F. MURLEY
St<rtt.ary
The Deparllllen! of COInmunity Affairs has reviewed the Notice of Proposed Change (NOPC) for
the Bakery Centre Develormen ! of Reronal Impact (DRI~l r"1Vini ~r lIIi ~iim'nt nn ~~ntnmhnr
l.J,lJJVI.
The proposed change is presumed no! to create a substantial deviation pursuant to Chapter
380.06 (19)(e) I, F.S. The Departmen! has not received any infomation to rebut the presumption.
Therefore, the Department has no objections to the change.
Sincerely,
M)!V{C:'~'
Michael D. McDaniel
Growth Management Administrator
MDMljb
cc: Carolyn Dekle, South Florida Regional Planning Council
2SSS SHUMARD OAk BOULEVARD. TALLAHASSEE,
flORIDA KEYS AREA OF CRm(Al STAT£ CO.\'UR.N
F-UlDOfFJa
2796 ~ Highway, Suit!! 212
.... nd'Ol1. FiOll," JJ05~m7
SOL1H ~ORIDA RECOV!RV DIRCE
P.O. Box ,all
8600 NW.l!. 5"",,
Miami, FIOf1da l31S!J.4022
FlORIDA 32399-2100
GREEN iNIlMP AAIA OF oonw STAT! CONCIRN
FlElDOHla
155 EastSuIl',merlin
Bartow, Flon'da JJBJQ.4641
MIAMI DAILY BUSINESS REVIEW
Published Daily eXCept Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
TATE OF FLORIDA
OUNTY OF DADE:
Before the undersigned authority personally appeared
clelma V. Ferbeyre, who on oath says that she is the
upervisor, Legal Notices of the Miami Daily Business
9view flkla Miami Review, a daily (except Saturday, Sunday
ld Legal Holidays) newspaper, published at Miami in Dade
Junty, Florida; that the attached copy of advertisement,
!ing a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
CITY COMMISSION MEETING
NOVEMBER 5, 1996
the ·.· .. ···.· .... ···········XXXXX .................................... Court,
3$ published in said newspaper in the issues of
Oct 18, 1996
Affiant 1urther says that the said Miami Daily Business
lvlew is a newspaper published at Miami in said Dade
Junty, Florida, and that the said newspaper has heretofore
en continuously published in said Dade County. Florida,
ch 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
py of .advertisement; and affiant further says that she has
ither paid nor promised any pers , r corporation
y discou , ebate, commissi refund f r the purpose
secu . g this advertise publica on in the said
ws per.
~~~.~ .... ~
Sworn to and subscribed before me this
18 October 96
... day of ............................................................ , A.D. 19 ..... .
C~d. ... 2!t.u..u.~.< .. 0 .................. .
;AL) :\~RY P(j OfHCtAl NOTARy SEAL
o .9c CHERYL H MA~MER
telma V. Ferbeyre~rs1!)i'lt4IyfO'i6.Wn t0l!\iwtS~ ...... N
if ~\~'I .. ...... Ul.48t:R ~ ~\,·t" "{" CC545384
-'1--~ o~Q MY COM"'.3SJON HPIAES
0, Fe APR. 12.2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE" IS HEREBY given that the City Commission of the City of
South Miami Rorida will conduct a PubliC Hearing during its regular
City Commis~ion meeting on Tue~ay, November 5, 1996 begin~ing at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Dnve., to
consider a resolution acting under the authority of Section 380.06(19)
Florida Statutes, determining that proposed changes to the Bakery
Centre Development of Regional Impact do n"ot constitute a substantial
deviation ordering that further DRI Review is not required. and
.approvlng a Development Order for changes to the previous Plan of
Development.
Inquiries conctming this item should be directed to the Building,
Zoning & Community Development Department at: 663-6327.
ALL Interested parties are invited to attend and will be heard.
Ron.Ha Taylor, CMC
CityO.rk
City of South Miami
Pursuant to Florida Statutes 286.0105. the City hereby advises. Ihe
public that if a person" decides to appeal any decision made ~y this
Board. Agency or Commission with respect to any matter considered
at its meeting or hearing, he or she will need a record 0' the proceed-
ings and that for'such purpose, affected person may need 10 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.
10/18 96-3-101829M