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Res No 005-22-15758Resolution No. 005-22-15758 A Resolution relating to a Tentative Plat application to allow a replat of a 6.6- acre property located at 5961 SW 68 Street and as legally described herein. WHEREAS, the applicant, Residences at SoMi Parc, LLC, submitted Application PB-21- 021 requesting approval of a tentative plat on behalf of Miami-Dade County, the owner of the two (2) parcels identified as 5961 SW 68 Street (folio number 09-4025-063-0020) and 5949 SW 68 Street (folio number 09-4025-063-0010); and WHEREAS, the property was previously platted in 1975 with a series of utility easements surrounding the street frontages and additional utility easements located in various sections; and WHEREAS, in order to best facilitate the large-scale development project that was approved by Resolution #089-21-15709, the proposed tentative plat will replat the two (2) parcels and remove all existing utility easements on the site; and WHEREAS, the lots created by the proposed plat comply with the requirements of Section 20-4.2(B) of the Land Development Code; and WHEREAS, at a public hearing on December 14, 2021 the Planning Board voted unanimously to recommend approval of the proposed tentative plat; and WHEREAS, the City Commission desires to approve the tentative plat. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Section 2: The subject application, No. PB-21-019, submitted by the Residences at SoMi Parc, LLC requesting approval of a proposed tentative plat for the property legally described in Section 3 below, pursuant to the Land Subdivision Regulations outlined in Land Development Code Section 20-4.2 is hereby approved, subject to the following conditions: 1. Compliance with the conditions that are outlined in Resolution No. 089-21-15709; and 2. Submittal of an owner's affidavit that there are no documents that provide restrictions, reservations and/or covenants applicable to the parcel of land being considered other than those that were submitted with the owner's waiver of plat application and that the parcel is free of any declarations of restrictive covenants, unity of title, easements, or the like, which would prevent the separation of the site. Section 3. Legal Description TRACT C, "UNIVERSITY GARDENS SUBDIVISION NO.3", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 02, PAGE 19, OF THE PUBLIC RECORDS OF Page 1 of 2 Res. No. 005-22-15758 MIAMI -D ADE COUNTY, FLORIDA. AND TRACT D, "UN IV ERS ITY GARDENS SUBDIVISION 0.3", ACCORDING TO THE PL AT THEREOF, AS RECORDED IN PLAT BOOK 102 , PAGE 19, OF THE PUB LI C RE CO RDS OF MIAM I-D ADE COUNTY , FLORIDA. AN EXPRESSED PURPOS E OF TI -IIS PLAT IS TO EXTINGU ISH ALL OF THE PLATTED EASEMENTS WITHIN THE PLAT LIMITS , AS SHOWN ON "U N IV ERSITY GARDENS SUBDIVISION NO .3", ACCORDI G TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10 2 , PAGE 19 , OF THE PUB LI C RECORDS OF MIAM I-D ADE COUNTY, FLORIDA. AND TO REPLACE THEM BY INSTRUMENT WHERE TI -IEY CURRENTLY EX IS T EXCEPT FOR IN FOUR (4) LO CA TIO NS WHERE THEY ARE TO BE PERMA NEN TLY ELIM INATED. Section 4. Corrections . Co nforming language or technical scrivener-t ype corrections may be made by the City Attorney for a ny conforming amendment s to be incorp o rated into the final re so lution for signature. Section 5. Severability. I f any sectio n clau se. sentence . or phrase of this reso lution is for any rea son held invalid or uncon stitutional by a co urt of competent juri sdiction , the holding shall not affect th e validity of the remainin g portions of th is re solu tion. Section 6. Effective Date. This reso lution shall become effective immediat e ly upon adopt ion by vote of the Ci ty Commissio n. PASSED AND ADOPTED thi s 4'h day of January. 2022. APPROVED: /!3 M 4~~~y ArrEST: COMM ISSION VOTE: 5-0 Mayor Philip s: Yea Co mmi ss ioner Co re y: Yea Co mmis sioner Gi l: Yea Co mmi ss ioner Harri s: Yea Co mmi ss ioner Liebman: Yea Page 2 of 2 City Commission Agenda Item Report Meeting Date : January 4 , 2022 Submitted by : Jane Tompkins Submitting Department: Planning & Zoning Department Item Type : Resolution Age nda Section: Subject: Agenda ~em No :3. A Resolution relating to a Tentative Plat application to allow a replat of a 6.6-acre property located at 5961 SW 68 Street and as legally described herein. 4 /5 (City Manager-Planning Dept.) Suggested Action: Attachments : Cover Memo Somi Pare T-Plat.docx Somi Pare T-P l at Reso l ution .docx PB-21 -019 App li cation Documents.pdf 12 -14-2021 PB Legal Ad .pdf PB-21 -019 -Draft PB Regular Meeting Minutes Excerpt -12-14-2021.pdf 21.12 .0103-86991 T-PLA T 11x17 _dss.pdf Tree Disposition and Landscape Plan.pdf Approved Site Plan. pdf MH Ad.pdf MDBR Ad.pdf 1 TH E (lTY OF PL EASANT LIV I NG CIT Y OF SOUTH MIAMI OFF I CE OF T HE CITY MANAGER INTER-OFFICE MEMORANDU M To: Honorable Mayor & Members of the City Commission V IA: Shari Kamali, City Manager FR OM: Jane K. Tompkins, A ICP, Planning Director DATE: January 4,2022 SU BJECT: A Resolut ion relating to a Tentative Plat application to allow a replat of a 6.6-acre property l ocated at 5961 5W 68 Street and as l ega ll y described he rein. ApP LI CANT: Re sidences at Somi Parc , LLC BACKGROUND: On August 3,2021, the City Commission adopted Resolution 11089-21-15709 approving a Special Excep tion for a large -sca le development on a 6.6-acre property that consists of the parce l s located at 5961 SW 68 th Street with Fol i o 1109 -4025-063-0020 (West Parcel) a n d 5949 SW 68 th . Street with Fol io 1109-4025-063-0010 (East Parcel). The property i s zoned Trans it Oriented Development District Mixed-Use 5 (TODD MU-5) and the project approved consists of six (6) bui l d ings and seve ral pla zas . Per the applicant's letter of intent, th e prop erty was platted i n 1975 with a se rie s of utility easements surrounding the street frontages and additional utility easements lo ca ted in var ious sections . In order to be st facilitate the approved project, it is necessary to vacate the se easeme nts, w hi ch are mostly unused. In order to vacate the easements, the subject parce ls mu st be re-p latted . There are no changes to the lots in terms of size, number, or configuration. N ew easements w ill be provided after collaboration with the utility companies in order to properly serv ice the needs of the project. LEG AL DESCR IPTION: T RACT C, "UNIVERS ITY GARDENS SUBDIVISION NO .3", ACCORD ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102, PAGE 19, OF THE PUB LI C RECORDS OF MIAM I-DADE COUNTY, FLORIDA. AND TRACT D, "UNIVERSITY GARDENS SUBDIVISION NO .3", ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 102, PAGE 19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY , FLORIDA . AN EXPRESSED PURPOSE OF THIS PL AT IS TO EXTINGUISH ALL OF THE PL AnED EASEMENTS WITHIN THE PLAT LIMI TS , AS SHOWN ON "UNIVERSITY GARDENS SUBD IV ISION NO.3", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102, PAGE 19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT Y, FLORIDA , AND TO REPLACE THEM BY INSTRUMENT WHERE THEY CURRENTLY EXIST EXCE PT FOR IN FOUR (4) LOCAT IONS WHERE THEY ARE TO BE PERMANENTLY ELIMINATED . 2 SoMI Pare T-Plat Application January 4, 2022 Page 2 of8 ANALYSIS: Section 20-4.2{B}(2) of the Land Development Code (LDC) provides the seven specific guidelines the City Commission shall use in evaluating a T-plat application. The applicant's proposed tentative plat has been evaluated using these guidelines. Each guideline is described below along with Staffs analysis of how the application satisfies them. 1. Section 20-4.2(B)(2)(a)(i): The building site created by the proposed waiver of plat, tentative or final plat, should be equal to or larger than the median of the existing building sites in the Surrounding area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood), unless otherwise permitted by this ordinance. Surrounding area is defined as all lots within the same zoning district and within five hundred (500) feet from the exterior boundaries of the subject property. Staff Response: A review of the lot sizes and frontages of the surrounding area was performed and is provided in the table below: Tentative Plat Median Analysis Table Surrounding West Parcel East Parcel Area Net Lot Areal 16,300.0 145,200 142,172 Buildable Site (SF) Lot Frontage (Ft.) 135.0 90.38 459.68 For detailed information on the median buildable site/lot size and the median frontage for the surrounding area, please refer to the attached exhibit, 500 Foot Waiver of Plat Analysis for 5961 SW 68 Street. While both the East and West parcels exceed the net lot area for the surrounding area, only the East Parcel meets and exceeds the median lot frontage of the surrounding area. Pursuant to Section 20-4.2{b)(2)(ii) of the LDC, The City Commission may, in its discretion, approve a subdivision of land into lots that are included as part of a waiver of plat, tentative or final plat and that have lot frontage or lot area that is less than the Surrounding area median, provided it is approved by four votes of the City Commission and provided that at least the minimum requirements of the Land Development Code are satisfied. 3 SoMi Pare T ·Plat Application January 4, 2022 Page 3 of8 As TODD MU-5 properties are not subject to minimum lot size and frontage requirements, the City Commission may approve the project even though it does not meet the surrounding area median. 2. Section 20-4.2(B)(2)(b): The building site created by the proposed waiver of platl tentative or final platl will not result in existing structures becoming nonconforming as they relate to setbacksl lot areal lot width and depthl ground coverage and other applicable regulations of the City's Land Development Code and/or City's Code of Ordinan cesl except as permitted by this ordinance. Compliance with this provision may occur by demolition or relocation of existing structures. Staff Response: Complies. As the applicant will demolish the existing structures, the new plat will not result in existing structures becoming nonconforming. 3. Section 20-4.2(B)(2)(c): The building site created will be free of encroachments from abutting building sites. Staff Response: Complies. 4. Section 20-4.2(B)(2)(d): The building site created is free of any declarations of restrictive covenantsl unit of titlel easementsl or the likel which would prevent the separation of the site. Staff Response: Complies. 5. Section 20-4.2(B)(2)(e): The scale of any proposed new construction shall be compatible with the as-built character of the surrounding area and shall not create adverse impacts on the surrounding area; but if SOl the applicant shall provide satisfactory commitments as to how the adverse impacts will be mitigated. An example of an adverse impact includes visual impacts arising from a proposed two-story structure in an area built out with single-story homes; mitigation could include adding a condition to the approval of the waiver of platl tentative plat or final platl for landscape buffersl or adjusting second-story setbacks or building facades to reduce the visual impact. Staff Response: Complies. While the project is adjacent to properties located in the same zoning district, the project is also immediately south of a Single-Family Residential (RS-4) zoning district. In order to provide a form of buffer from the RS-4 zoning district, Building C will have a 4 SoMI Pare T-Plat Application January 4, 2022 Page 4 of 8 height of three (3) stories and Building E will have a height of two (2) stories. By providing a step- in height, a clean transition to the taller buildings that prevents any adverse impacts will be created. As part of the Large-Scale Development application, the applicant also proposed new landscaping that will aid in the buffering of these buildings. 6. Sec. 20-4.2(B)(2)(f): The building site(s), lot(s) or parcel(s) created comply with the regulations of the LDC. Staff Response: Not applicable. As noted above, TODD MU-5 doesn't require minimum lot size or frontage dimensions. The replat is only to remove the easement; there will be no change in parcel size or configuration. Further, the site plan was reviewed previously and found to comply with the TODD MU-5 regulating plan. 7. Sec. 20-4.2(B)(2)(g): The building site(s) created cannot constitute an irregular parcel (one that has more than four (4) corners) unless the City Commission determines by a 4/5th vote that the irregularity arises from irregularity in the original parcel and cannot be corrected, or that the irregularity is compatible with the surrounding area. Staff Response: Once the plat is completed, the site will be irregular in design, but that irregularity comes from the how the parcels were originally platted. As such, the irregularity cannot be corrected. Consequently, a 4/5th vote is required to approve the tentative plat application. OTHER LAND DEVELOPMENT CODE REqUIREMENTS: As amended by the City Commission on December 21, 2021, Section 20-4.2(B)(3)(a) provides that: Additional conditions may ensure the retention 0/ specimen trees for six (6) years and permanently maintain fifty (50) percent of existing protected tree canopy, but in no event shall the condition be less restrictive than what is required by the City's and County's tree ordinance. The applicant has supplied staff with the tree disposition plan/list, sheets LA-I0l and LA-I02, which shows the existing trees that will be affected by the redevelopment of the site. Based on the Tree Disposition Plan, the following trees have been identified as specimen trees: • 11 Lysiloma Trees (Tree #10, #11, #14, #20, #85, #148, #163, #195, #214, #215, #217) • 3 Live Oak Trees (Tree #8, #12, #74) • 9 Mahogany Trees (Tree 150, #152, #153,#157,#158,#159,#161,#165, #209) • 1 Royal Poinciana Tree (Tree #21) • 1 Unknown Tree (Tree #22) • 1 Pink Tabebuia Tree (Tree #31) • 1 Royal Poinciana Tree (Tree #65) • 1 Cats Claw Tree (Tree #90) • 1 Gumbo Limbo Tree (Tree #106) • 1 Banyan Tree (Tree #144) 5 SoMi Pare T-Plat Application January 4, 2022 Page 5 of 8 • 1 Pongam Tree (Tree #205) Of these, two are described as "hazardous" and another four as poor, damaged and/or dying. These six trees may very well be eligible for removal without a permit under state law. Currently, the existing canopy totals 51,642 square feet. The plans call for the removal of 36,677 square feet and new (mitigation) trees to be planted of 68,100 square feet of canopy. Staff recommends that the additional conditions not be imposed but rather, that the applicant adhere to the landscaping plan submitted and approved as part of the Large-Scale Development and the mitigation requirements of the LOC. Pursuant to Section 20-4.2(C)(1) of the LDC, Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or developer of the abutting parcel in accordance with Chapter 28 of the County Code and other applicable city requirements, unless such can be and are waived or deferred by the city commission. Because of the nature of the project, the developer will comply all requirements listed in Section 20-4.2( C)( 1) of the LOC. RECOMMENDATION: Staff recommends approval of the Tentative Plat application. This approval should be subject to the following terms· and conditions as well as a" applicable City ordinances, codes, rules and regu lations: 1. Compliance with all of the conditions that are outlined in Resolution #089-21-15709; 2. Submittal of an owner's affidavit that there are no documents that provide restrictions, reservations and/or covenants applicable to the parcel of land being considered other than those that were submitted with the owner's waiver of plat application and that the parcel is free of any declarations of restrictive covenants, unity of title, easements, or the like, which would prevent the separation of the site. PLANNING BOARD RECOMMENDATION: After a public hearing on December 14th, the Planning Board voted unanimously to recommend approval of the proposed tentative plat with staff's recommended conditions. Attachments: • Draft Resolution • Application, signed on October 13, 2021 • letter of Intent, dated October 12, 2021 • Resolution #089-21-15709 6 5961 SW 68 Street -Tentative Plat Application January 4, 2022 Page 6 of 6 • Opinion of Title, prepared by Terry M. Lovel, P.A, notarized on October 13, 2021 • SoMi Pare -Recorded Easement Documents, dated November 19, 2021 • PB-21-019 Waiver of Plat Analysis -5961 SW 68 Street • Mailing Label Affidavit wi Location Map, dated September 21, 2021 • Neighborhood Awareness Affidavit, dated November 9, 2021 • Neighborhood Awareness Letter, dated November 4, 2021 • City Notice of Public Hearing • South Miami Gardens Subdivision Survey/Tentative Plat (4 Pages) • Approved Site Plan (electronic copy only provided for reference purposes) • Existing Tree Disposition Site Plan, sheets LA-10l and LA-102 • Hardscape Materials Plan, sheets LA-201 and LA-202 • Hardscape Material Photos, sheet LA-301 • Planting Plan, sheets LA-401, LA-402, and LA-403 • Plant Species Photos, sheets LA-SOl and LA-S02 • Plant Species List, sheet LA-s03 • Planting Notes, Specifications and Details, sheet LA-504 • Draft Excerpt Planning Board meeting minutes 7 Sout~iami THE CIT Y UF I'LEAS,\NT LI VING I App"icatio l1 City of South Miami Planning & Zo ning Department City H all, 6130 Sunset Drive, South Miam i, Florida 33 143 Telephone: (305) 663-6326 or u I C fi. P bl' H earllH~ b fi. e or e PI allllll1g B d & C'ly C I ' oar ommlSSlon Add res s of Subj ect Property: C;q b \ '>W ~ 'l,'-C;~ .. .A Lot(s) __ Block --Subdivision PB --- Meets & Bounds : <;" \;."\"'I\.I ~ A -L lq ~ \ i)L\ef t,FD", -P 13 \ OJ -1'1 I (~L\ erA ",\ D Applicant: l?~,;tll\'\" , OI~ S,~i t'M, LLC Ph o ne : ~Oc, -elbO -qG\.O\l R eprese ntative: A \ hI ,to (V1 :1, i '" Organization : iZ.t\.+ul \)(\,,,,,, Address: P ho ne: J. ~ ~ 0 I ~~v-\'"\ Avt'l\Vl, ~,,:'t'I.~~ ,M; .... : ,>:L ")V\~ 0 C, -c, ~)-W]..L{ Property Owner: M . . i) I 1 1\1'0'\\ -(>.(L (.'I\.\~ 1'\\ l D Signature: do D "" ~" rJ\ ilh.d Li~ Mailing Addre ss: Phone: '1 ~ I 111'-'1 kt c..+ \ /VI ;.",; IF L >,11b '1gb -Ll {,q-q\~~ Phone: Arc hitect/E ngineer: Chi ILA A ,,\,:+tc..\v(t.. >os-SQ1 -qqSq AS T HE APPLICANT, PLEASE INDICATE YOUR RE LAT IONSHIP TO THIS PROJECT: Owner Owner's Representative Co ntract to p urchase Optio n to purchase X Tenant/Lessee APPLIC ATIO N IS HEREBY M AD E FO R THE FOLLOWIN G : SU BMITIED MATERI A LS PLEASE CHECK T HE APPROPR IATE ITE M: P5?AS E CHEC K ALL TH AT APPLY: -T ext Amendment to LO C _Variance _ Letter of intent _ Zoning Map Amendment _Specia l Use _ Justifications for change _ PUD Approval _Special Exceptio n _ Statement of ha rdship _ PUD Major Change _Abandon me nt of ROW _ Proof of ownership or letter from owner 21.. Other (Waive r of Plat) _ Power of attorney Bri efly explain application and cite speCific Code sections: _ Con tract to purchase K.e. -ell'-\--to \if}. c.0\~ X Cu rrent survey (1 original sealed and e.a seW\WI..+) signed/1 reduced copy @ 11" x 1 T') , _ 15 cop ies of Site Pla n and Floor Plans 24 x 36",1 red uc ed copy@ 11" x 17" _ Affidav it-Rece ipts attesting to m ail notices sen t Section" --Subsection: __ Page #: __ Amended Date: -Petit io n X. Mailing labels (3 sets) and map X Required Fee(s) l ed application and represen t s that the i nfonnation and all subm itt ed materials are true and ow lcd gc and belief. • .4 &1-0 A ,-/c, Jr /pj7,b, Pri nt Name / D ate pan receipt~ applications an d all submitted mate r ials wil l be reviewed fo r compl i ance with lhe Land D evelopment Code and other applicable reglliation s. App li cations fo und not in compliance will be rejec ted and returned to th e applicant. O FF IC E U S E O NLY: Date Filed,_.,--,--__ Pe t ition Required __ _ Date of PB H ea rin g _____ D ate of C omm i ss ion, ____ _ , Petilion Accepted _____ _ Method of Pa ment Z:\Fonns\Current Planning Department Fonns\Planning Dep artmen t Fonns\Planning Board\PB -Public Hearing App lication - Revised 3-10·2020.doc 10 Ms. Jane Tompkins Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 October 12, 2021 CJ Bilzin Sumberg Javier F. Avin6 T cI 305-350-7202 Fax 305-351-2275 javino@bilzin.com Re: Letter of Intent for the Re-Plat of the Residences at SoMI Parc. an AffordablelWorkforce Housing Protect Located at 5961 SW 68 Street. South Miami. FL Dear Ms. Tompkins: This firm represents Residences at SoMi Parc, LLC, (the IIApplicant"), the developer of a proposed mixed-income and mixed-use affordable/workforce housing project known as Residences at SoMi Parc ("Projectll ) to be developed on the property located at approximately 5961 SW 68 Street, South Miami, FL (the "Property"). Please accept this correspondence as the Letter of I ntent for the attached application seeking a Re-Plat of the proposed property. The Property consists of two parcels (east and west) containing a total of 287,372 square feet located within the TODD (MU-5) zoning district, immediately north of SW 68 th Street and approximately three blocks north of the South Miami Metrorail Station. The Project is a public-private partnership with Miami-Dade County to redevelop the public housing site known as South Miami Gardens. Since 2012, RUDG, LLC, the parent company of the Applicant, has successfully completed 1,963 units of new affordable and workforce housing on public housing sites in partnership with Miami-Dade County, with more than 1,600 units currently under construction. The first phase of the Project, Residences at SoMi Parc, will be constructed on the west parcel and consist of 172 residential units and 7,060 square feet of commercial space. The second phase of the Project, Gallery at SoMi Parc, will be constructed on the east parcel and consist of 306 residential units, 20 of which will be developed as for-sale townhomes lining the northern edge of the eastern parcel, and 8,100 square feet of commercial space. All existing residents of South Miami Gardens will be offered new units within the Project. Pursuant to Section 20-8.9 of the Land Development Code, any site that is more than 40,000 square feet in size or any development over four stories in height is considered a "Large- Scale Development", which requires a Special Exception approved by the Planning Board and the City Commission. Both the Planning Board and City Commission unanimously approved the Project on July 13th and August 3rd respectively with the full support and recommendation of City staff. The Property was platted in 1975 with a series of utility easements surrounding the street frontages and additional utility easements located in various sections. In order to best MIAMI 8859749.1 797011300599 10112/20214:20 PM 11 October 12. 2021 Page 2 facilitate the approved project it is necessary to vacate these easements, most of which are unused. New easements will be provided after collaboration with the utility companies in order to properly service the Project's needs. The balance of the platted tracts will remain unchanged, all as deposited in the proposed tentative plat submitted with the application. Based on the foregoing, the Applicant respectfully requests that the proposed Plat be placed on next available agenda for review and approval. Please do not hesitate to contact the undersigned should you have any questions or need additional information. JFA Enclosures MIAMI 8859749.1 79701/300599 10/12/2021 4:20 PM Sincerely, Javier F. Aviti6 12 RESOLUTION NO. 089-21-15709 A Resolution pursuant to Section 20-8.9 and other provisions of the City of South Miami Land Development Code approving a Special Exception for a large-scale development on a 6.6-acre property identified as folio numbers 09-4025-063- 0010 and 09-4025-063-0020 generally located along SW 68th Street and as legally described herein. WHEREAS, the applicant, Residences at SoMi Parc, LLC, submitted an application requesting a Special Exception approval for a Large-Scale Development for a mixed-use project located at 5949 and 5941 SW 68 th Street; and WHEREAS, the property is legally described as: Tract C, "University Gardens Subdivision No.3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami Dade County, Florida And Tract D, "University Gardens Subdivision No.3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami Dade County Florida; and WHEREAS, the site consists of 6.6 acres and the proposed development will provide 476 residential units and 15,160 square feet of commercial space; and WHEREAS, pursuant to Land Development Code (LOC) Section 20-8.9 Special exceptions, any site that is in excess of 40,000 square feet or any development in excess of four (4) stories, shall be designat~d as a Large Scale Development and reviewed by the Planning Board and shall require approval by the City Commission; and . WHEREAS, at its July 13, 2021 meeting, the Planning Board held a public hearing on the application, considered each of the requirements and conditions for Large Scale Development listed in Section 20-8.9 of the LOC, and voted unanimously to recommend approval of the requested Special Exception; and WHEREAS, Section 20-8.9 (C) requires that all uses in a large scale development must comply with the following general requirements and any other requirements that the City Commission may consider appropriate and necessary. 1. All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. Page 1 of 5 13 Res. No. 089-21-15709 and and 2. All such uses must be of a compatible and complementary nature with any existing or planned surrounding uses. 3. The City Commission shall determine the overall compatibility of the development with the existing or planned surrounding uses; WHEREAS, Section 20-8.9 (C) requires that the development will: 1. Not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; 2. Not be detrimental to the public welfare, property or improvements in the neighborhood; and 3. Complies with all other applicable Code provisions; WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each of the Special . Exception requirements and conditions and having found that those conditions have been met, desire to approve the application for the Special Exception. NOW, THEREFORE, BE IT RESOLVED BVTHE MAYOR AND CITY COMMISSION OFTHECITV OF SOUTH MIAMI, FLORIDA: Section 1: The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The application submitted by Residences at SoMi Parc, LLC, requesting a Special Exception for a Large Scale Development for a mixed-use building consisting of commercial and residential uses within the TODD (MU-S) zoning district located at 5941 and 5949 SW 68th Street, South Miami, Florida, complies with the requirements of 20-8.9 (C) and (0) and is hereby approved with the following conditions: General Conditions 1. The proposed development will be substantially built in accordance with the documents submitted as the application package, including: Letter of Intent; SoMi Pare Planning Board Submittal Set of Plans prepared by Civica Architecture and Urban Design (signed and sealed by Registered Architect Rolando Llanes on June 29, 2021) and Gardner Semler landscape Architecture (signed and sealed by Registered landscape Architect Taylor Kiehl Semler on June 29, 2021); and Traffic Impact Study prepared by Kimley-Horn and Associates, LLC (April 2021). 2. All documents submitted with this application are to be made a part of the record. Page 2 of 5 14 Res. No. 089-21-15709 3. All off-site improvements required under any approvals shall be completed prior to the first Certificate of Occupancy unless such deadline is extended by the City Manager. 4. Any improvements in the Public Right-of-Way shall be approved by the City of South Miami. 5. All impact fees shall be paid by the Applicant prior to issuance of the building permit. 6. The Applicant shall provide a letter acknowledging compliance with the applicable Level of Services requirements prior to the issuance of final permit to the property. If any concurrency approvals expire a re-review shall be required by the appropriate agency. 7. Any changes that increase densities, intensities or population shall require a new Concurrency Analysis. 8. Flood elevations shall be reviewed and approved for consistency with FEMA requirements and the City's National Flood Insurance Program Ordinance prior to building permit approval. 9. The Applicant shall comply with applicable conditions and requirements by Miami-Dade County Public Works Department, Fire Rescue Department, Department of Regulatory and Economics Resources -DERM (DRER), and Miami-Dade County Water and Sewer Department, if any. 10. Plans shall be submitted for review and approved by the Environmental Review and Preservation Board prior to the issuance of building permits. 11. The plans shall comply with the Green Building requirements of Section 20-8.13(A). 12. A restrictive covenant for the perpetual maintenance for the public plaza on SW 61 st Court shall be recorded with Miami Dade County in a form approved by the City Attorney pursuant to Section 20-8.1s(A). 13. A Unity of Title shall be recorded with Miami Dade County in a form approved by the City Attorney. Construction Conditions 14. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant to the Building and Public Works Departments for approval prior to start of construction. Access points by construction vehicles shall be provided within the MOT. 15. The Applicant shall provide for the reconstruction of the adjoining roadways, sidewalks and drainage to their conditions prior to construction, or better, and to provide a Page 3 of 5 15 Res. No. 089-21-15709 performance bond equal to 100% of the total cost of reconstruction, or such other amount as determined appropriate by the City Manager. 16. The Applicant shall provide a Construction Air Quality Management Plan to the Department prior to the start of construction. 17. A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by the Applicant at time of building permit. 18. Construction shall only take place Monday through Friday during the hours of 8:00 a.m. and 5:00 p.m. Landscaping Conditions: 19. The Applicant shall meet all of the minimum requirements of the City Code, Chapters 18 and 24 of the Miami-Dade County Code and specifically comply with all conditions imposed by Miami-Dade County Department of Regulatory and Economic Resources - DERM (DRER), if any. 20. The property shall be landscaped in substantial accordance with the landscape plan included in the application package. 21. Pursuant to Sec. 20-4.5, as may be amended, the Applicant shall preserve existing trees (including native trees) during the development of the project, wherever possible. If the trees must be removed, the Applicant shall be required to submit a tree removal permit and mitigate the impact in accordance with City requirements. If the relocated trees do req u i rements. Environmental Conditions: 22. The Applicant shall meet the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual, effective January 2009, as may be amended from time to time. 23. All storm water drainage systems shall be maintained in working order at all times in order to avoid localized flooding during and after a storm. Architecture Conditions: 24. Substantial compliance with the approved plans including design, materials, and color palette. Page 4 of 5 16 Res. No. 089-21-15709 Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause~ sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date, This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 3 rd day of August, 2021. ATTEST: APPROVED: J ~ - 'i ,.' A -.. 1 .-.~jd4/ r">. ~. tt.//JJ--:p, -MAYOR /T" ~ ;/ COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea 17 OPINION OF TITLE To: Miami-Dade County With the understanding that this Opinion of Title is furnished to Miami-Dade County, as an inducement for acceptance and in compliance with Chapter 28, Subdivision Code, and as an inducement for acceptance of a proposed T-Plat (the "T-Plat"), covering the real property described on the attached Exhibit "A" (the "Property"), I certify that I have examined Fidelity National Title Insurance Company Commitment No. 9899132 covering the period from the Beginning to September 7, 2021 at 11 :00 pm, for the Property (the "Title Evidence"). Basing my opinion solely upon the Title Evidence, I am of the opinion that on the last mentioned date, the fee simple title to the Property is vested in: Miami-Dade County, a political subdivision of the state of Florida ("Owner") Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: NONE 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: [NONE] 3. GENERAL EXCEPTIONS: a. Real estate taxes for 2021 and subsequent years and taxes or special assessments which are not shown as existing liens by the Public Records. b. Rights or claims of parties in possession not shown by the Public Records. c. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. d. Easements or claims of easements not shown by the Public Records. e. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. f. Any adverse claim to all or any part of the land which is now under water or which has previously been under water but filled or exposed through the efforts of man. 18 Opinion of Title Page 2 4. SPECIAL EXCEPTIONS: See Exhibit "B" I certify that I have reviewed all the aforementioned encumbrances and exceptions and that none of them preclude or hinder the T-Plat in favor of Miami-Dade County. Therefore, it is my opinion that the following party must join in the T-Plat in order to make the T-Plat valid and binding on the Property. Name Miami-Dade County Intere§! Owner Special Exception Number N/A I certify that the legal description attached to this Opinion of Title is the same as, the legal description on the T -Plat. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 13 th day of October, 2021. [SIGNATURE AND ACKNOWLEDGMENT APPEARS ON FOLLOWING PAGE] 19 Opinion of Title Page 3 jM .• ~ STATEOFi~Texas ) Bexar ) SS: COUNTY OF~R@& ) BILZIN SUMBERG BAENA PRICE & AXELRODLLP By: Terry M. Lovell, P.A., a Partner By: TUry 14. Lo~(/ Terry M. Lovell, Esq., President Florida Bar No. 149802 1450 Brickell Avenue, Suite 2300 Miami, Florida 33131 305-350-2428 The foregoing instrument was acknowledged before me by means of physical presence or ./ online notarization, this ~ day of October , 2021, by Terry M. Lovell, who is personally known to me or produced a xxxxxxxxxxxxxxxxx driver's license as identification. My Commission Expires: 02/02/2025 S· N ) (:)4;)~ ~ c."bo. C"Y\'h" eL. ~~~~ 19n arne: Print Name: Jose Aaron Gutierrez Banda NOTARY PUBLIC Serial No. (none, ifblank): 13290519-6 [NOTARIAL SEAL] JOle Aaron Gutierrez Banda IDNUMBER 13290519-6 coMMtsSrON EXPiReS Febnlarr 2, 2025 Notarized online using audio-video communication 20 Opinion of Title Page 4 EXHIBIT" A" LEGAL DESCRIPTION Tract C, "UNIVERSITY GARDENS SUBDIVISION NO.3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami-Dade County, Florida. AND Tract D, "UNIVERSITY GARDENS SUBDIVISION NO.3", according to the Plat thereof, as recorded in Plat Book 1 02, Page 19, of the Public Records of Miami-Dade County, Florida. 21 Opinion of Title Page 5 ExumIT "B" SPECIAL EXCEPTIONS 1. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of UNIVERSITY GARDENS SUBDIVISION NO. 3, recorded in Plat Book 102, Page 19 t of the Public Records of Broward County, Florida. 2. City of South Miami Ordinance No. 12-97-1633 recorded in Official Records Book 19796, Page 4490. 3. Covenant recorded August 18 t 2021, in Official Records Book 32686, Page 4760. 8859881.2 22 TO: MEMORANDUM Marcus W. Lightfoot Senior Planner/Zoning Administrator City of South Miami C;)) Bilzin SUlnberg FROM: Javier F. Aviii6 DATE: November 19, 2021 RE: SoMi Parc -Recorded Documents Below is a summary of the attached recorded documents: 1. Plat of the property, recorded at Plat Book 102, Page 19 in the Miami-PDF p. 1 Dade County Public Records. 2. City of South Miami Ordinance No. 12-97-1633 (Apr. 15, 1997), PDF p. 2 designating the area as part of the South Miami CRA. 3. City of South Miami Resolution No. 105-95-9859 (May 21, 1996), PDF p. 8 finding that the area is blighted and designating it as the South Miami Redevelopment Area. 4. Dade County Board of County Conunissioners Resolution R-1374-96 PDF p. 11 (Dec. 3, 1996), delegating the power to create a CRA to the City of South Miami. 5. Florida Statutes 163.353-360, creating the statutory authority for PDFp.17 CRAs. 6. City of South Miami memorandum discussing action items and PDFp.19 strategic considerations for the creation of a CRA (undated). 7. Official Notice to Taxing Authorities of the City of South Miami's PDFp.34 intent to create a CRA (Mar. 4, 1997). 8. Published notice of public hearing on Ordinance No. 12-97-1633, PDFp.37 creating the CRA. 9. Unity of Title covenant (Aug. 3,2021). PDF p. 38 '. , : I ~: ~ I '\ i i ~ -, I 1 . I l: ,~~,. j ", ~ .~ ( t i i.~ i' ·'1 23 -, -of:: " I i i Ii 0 ~. p -_ . .:--.-. '..,--.... ---.... ~ A=' -"r"-_~::.~ OM ·4 -' "'~ a survey the extent a policy of title insu rance is expressly modified by endorsement, the Company does not insure dimensions. distances, location of easements , acreage or other matters shovm th ereon . , 24 m 19'(96 PG. 4490 ORDINANCE NO, 12-97 -163 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMJ FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; DESIGNATING A CERTAIN GEOGRAPHIC AREA WITHIN THE CITY OF SOUTH MIAMI THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA AND DESCRIBED GENERALLY AS BEING BOUNDED BY S.w, 62ND AVENUE ON THE WEST, S.W, 62 STREET ON THE NORTH, S.W, 57TH AVENUE ON THE EAST AND S.W. 72ND STREET ON THE SOUTH; ACCEPTING A DELEGATION OF POWERS FROM METROPOLITAN DADE COUNTY TO THE CITY OF SOUTH MIAMI PURSUANT TO CHAPTER 163, PART Ill, FLOIUDA STATUTES; FINDING THE NEED FOR A COMMUNITY REDEVELOPMENT AGENCY; CREATING THE CITY Or- SOUTH MIAMI COMMUNITY RFJ)IWELOPMENT AGENCY; DECLARING THE MEMBERS OP THE CITY COMMISSION TO BE THE MEMBERS OF THE COMMUNITY REDEVELOPMENT AGENCY AND GRANTING THE AGENCY THE POWER TO EXERCISE ALL THE POWERS PERMITTED BY CHAPTER 163, PART 1ll, fLORIDA STATUTES, WIDCR ARE DELEGATED BY DADE COLINTY TO THE CITY COMMISSION; DIRECTING THE lNITlATlON, PREPARATION AND ADOPTION OF A REDEVELOPMENT PLAN AND ANY AMENDMENTS THERETO BY THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONfLICT, AND AN EFFECTIVE DAT13 . WHEREAS, the Florida Leb~slature enacted the Community Redevelopmeat Act of 19(;9, which is codified as Chapt er 163, Purt m, Sections 163.330 through 163.450, Florida Statutes, as amended; and, WHEREAS, aU powc ", nrising under the Community Red ev elopmont Act are conferred on counties with Home Rule charter s, which counties, in turn, nn: authorizC!l (0 delegate powers tu municipnlities within their boundaries; and, .. ' :':, ':-. .. , ~I '::> ... N 0- M u: ... o 25 .. m J 9 7 96 PG . 44 91 WHEREAS, the authorizarion for counties to delegate powers to municipalities is contained in Sterian 163.410, Florida Statutes, which states: ) 63.410 Exercise of powers In tountle, wltb bome rule tbarters In any county which bas adopted a home rule charter, tho powers conferred by this pllrt sball be exercised exclusively by the governing body of such county. However, the governing body of lilly such county which bas adopted a home rule charter muy, in its discretion, uy resolution delegate the ellercise ofthe powers conferred upon the county by this part withio the boundaries of such municipality to the governing body of such a municipality. Such 0 dolegation (0 • municipality shal1 confer only such powers upon a municipality as shall be specifically enumeruted in the dolegating resolution. Any power not speeificnUy delegated shall be reserved ellc1usively to the governing body of the counlY .... WHEREAS, on May 21, 1996, the City Commission of the City of South Millll\i adopted Resolution No. 105·96·9859 (the "City of Resolution" No. 105 ·96 ·9589) PUlllu""t (0 Section 163.355, Florida Statutes, whieh, amon~ other (hin!!,,! dee lured the §~~~ Ml!ml Redevelopment Area, defined thtrein by referonce to the "Finding ofNecessiry" report, to be a "slum Or blighted area," as those terms arc defmed in Section 163.340, Florida Statutes, and m~de a finding of necessity as to the rehabilitation, eonservalion or redevelopment, or u combin.tion thereof, of the South Miami Redevelopment Area; and, WHEREAS, on December 3,1996, the County Commission ot'Metropolitan Dade County adopted Resolution No. R·1374·96 (the "County Resolution"), declarin!! the South Miami Redevelopment Area to be a slum or blighted area, determining that it is necessary to redevelop the wu and to establish 8 community redevelopment ~gcncy to redevelop the Krea, in uccordllllee with Chapter 163, Part 111, Floridu Starutes, and delegating certain !lOwers couImou upon the County Commission IlS the governing body of Dade County by Chapter 163, Part Ill, Florida Statutes, with regnrd to the South Miami Redevelopment Area, $m 26 \ ~~~ i9 ',96 PG. H92 . so that the City Commission, eithor directly or through its duly dc.qignnted community redevelopment agency, mny procoed to exercise such powers; and, WHEREAS, tho City Co'n111i •• iull hus found tllal there is a need for a community redevolopment agency within the city to carry out the purpose of Chapter lli3, Part 1II. Floridu Stntutes; and, WHEREAS, pursuant to Section 163.346, notice of this proposed action has been given, by registered mail, to eAeh taxing authority which levies .d valorem taxes on taxable real property within the baundarles of the redevelopment area; and, WHEREAS, the City Commission hos conducted a public hearing on the second reatling of this ordinBncc with respect to the findings, conclusions and other matters set forth in these I'1)ciUlls nnd in the botly of this ordinance. NOW , THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. Th~ City Commission designates that certain geographic an:n within the City of South Miami described generally os being bounded by S.W. 62nd Avenue on the Wes~ S.W. 62 Street on tbe North, S.W. 57th Avenue on the East and SW. nnd Stn:et On the South ns the South Miami Redevelopment Area, as more particularly descnbed in Exhibit A, which is annexed und mnde a part of this Ordinance. Section 2. The City Commission aceeplS the County Rosolution and the findings ond delegation of power con rained therein. Section 3. 'I'be City Commission finds tbat there is a noed to establish 8 communily redevelopmont agency, creull:s the City of South MilllDi Community RedcvelopmentAgcncy, dcsi8Illitcs the members of the City Commission to b~ the ntO!Ilbcrs of the community redevelopment agency and granlS the agency aU the rights , duties. privileges and immuniti.s au thorized by Chapter 163. Part TIl, Florida StatulQs, and the powers which are delegated by the County Commission to the City Commission . • . . . 27 ~~~ 19'196 PG . 4493 Section 4. The City Commission <iesigontcs the Mayor as the Chairpen;on and the Vice Mayor as tbe Vic<: Chairpel1lon of tho City of South Miami Community Redevelopment Agency (commonly reforred to as "eRA"). Section 5. The CRA shall be u sepal1lte, distinct and independent legal entity. Section 6. The City Commission directs the City of South Miami Community Redevelopment Agency, Withoul limiting the delegation of pow em to tho ngeucy, (u initiate. prepure and adopt a redevelopment plan, and any amendments thereto, and to imploment the redevelopment plan for the South Miami Redevelopment Area, subject to review anti approval by the County Commission. Section 7, If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of compelent jurisdiL1ion, tho holding shall not affect the validity of the remaining portions of this ordinance. Section 8. All ordirumc~ or pllrlS of ordinances in conflict with (he provisions of (his ordinance arc hereby repealed. Section 9, This ordinance shall take effect immediately at the time of its passage. Pnsscd nnd Atlopted this .l5.... d~y of April, 1997. ATTEST: ~M<7W¥ CITY CLERK 1st Readi n9 -Apri 1 1, 1997 2nd Reading -April 15, 1997 READ AND APPROVED AS TO FORM: . ?"LI I .... :"-... ,1/.< ) ClTY A'ITORNEY '. . ' COMMISSION VOTE : 4-0 Mayor Pr1 ce: Vea Vice Mayo r Robain.: Vea Co mmis sioner Sethel: Ve. Corrmissioner Young: Yea " " _. -.. .. 28 C~FlCAT10N m 19'796 PG . 4494 I, clte, at Deputy Cieri<. oi the cit/Tis Miami, Dade County, Florida do hOOlOy certifY this document III be.a 'lmli.~ co;:>y of . ~ H '. _ 1-3?.. . '" .~' .-~~ . .' . . ,i/, .,' -. ' ~' : .... g J~ fiB .... '~~'" :1:""':;,.;' c , ~;J,,\1I ,:~, 0' a. ' 1(>1:n~~!ll1d and \he .. ~~~~ C\IYl1:I~Mlami, FIO!\da tI1\~' tJil "';').01 "'TI , I ,j A.'oi;¥tpf'0'.:'·· ~ "'~~~~~~" ~-:;-::'-;:;:-;.:.:;~-:-::----.. -... -.. _. v. -'. :::-:-------. ",' ~ . . . ':"',; . , 'j " ',' " .. ... :.' . '.:: ... ;" . .. • o · • :: . .... . .. ~ .... -,' .. ";' - 29 r:~~ i9'196 PG 4495 COMMUNITY REDEVELOPMENT AGENCY BOUNDARY DESCRIPTION Beginning at a pain!. said point being the southeast comer ofSecrion 25, Township 54 South, Range 40 East and being the intersection of the centerline of Southwest 57 Avenue (Red Road) and th e centerline of Southwest 72 Street (Sunset Drivei; thence running westerly along the south line of the aforesaid Secl ion 25, said line being Ihe centerline of Southwest 72 Street (Sunset Drive), a distance of 2,640 feet, more or less, to the intersection of the centerline Southwest 72 Street (Sunsel Drive) and the centerline of Southwest 62 Avenue (Paul Tevis Road), the same being Ihe southwest comer of the southeast quarter of said Section 25; thence, running northerly along the westline of the southeasl quarter, the same being the centerline of Southwest 62 Avenue (Paul Tevis Road), a distance of 3,463 feet , mare or less, to the in te lliecrion of the centerline of Southwest 62 Avenue (Paul Tevis Road) and a line, the same being the western extension of the northern right·of-way line of Southwest 62 Stree l; Ihence running easlerly along said line . and conlinuing along Ihe northern right-of-way line of Southwest 62 Stre et . a distance of 1,362 feet, more or less, 10 Ihe intersecrion of the northern right-of-way line of Southwest 62 Streel and the eas tern right-of-way line of Southwest 59 Avenue; thence running southerly along the eastern right-of-way line of Southwest 59 Avenue, a distance of 159 feet, more or less, to the intersecrion of the eastern right-of-way line of Southwest 59 Avenue and a line, the same being Ihe western extens ion ofthe north line of LoIS A, B, C and 0 of Block I, University Gardens No. I Subdivision, ARe-P lat of Block 2, according to the plat thereof, os recorded in Plat Book 91 at Page 36 in the Public Records of Dade County, Florida; thence running easterly along the north line of sai d LoIS A, B, C, and 0, a distance of 309 fee~ more or less, 10 the northeast comer of said Lot A, the same being the northeast comer of University Gardens No.1 Subdivision ; thence sOUlherly along the eastern lin. of University Gardens No.1 Subdivision, according to the pial thereof, OS recorded in Plat Book 89 at Poge 15 in the Public Records of Dade County, Florida. a distance of 662 feet, more or less. to the southeast comer of University Gardens No.1 Subdivision, th e same being a poinl in the centerline of Southwest 64 Streel (Hardee Drive); Ihence ruMing easterly along the centerline of Southwest 64 Street (Hardee Drive), the same being the north line of the south half of said Section 25, a distance of 990 feet, mOre or less, to the intersection of the centerline of Southwest 64 Street (Hardee Drive) and the centerline ofSouthweSl57 Aven ue (Red Road), the same being the northeast comer of the southeast quarter of said Section 25; thence running southerly along Ihe centerline of Southwest 57 Avenue (Red Road), a distance of 2,640 fee~ more or less, 10 the intersection of the centerline of Southwest 57 Aven ue (Red Road) and the centerline of Southwest 72 Street (Sunset Drive), the same being the southe ast comer of said Section 25, Township 54 South, Range 40 East, said point being the Point of Beginning. Revised November 14. 1996 Ottico or: che cley A"'O"'~~~~~~~~'o.:u 6 JJO Sunsoc Dr.ive. Florida JJ UJ Tam'", It ' '.e' • o 30 m 19 '( 9 6 PG. 44 9 G Resoiution:-<o . :05·;,·9a5g A RESOLUTION OF TIlE CITY COMMISSION OF 11iE CITY OF SOUTH MIAMI. FLORIDA ACCEPTING A "FINDING OF NECESSITY" REPORT FOR THE COMMUNITY REDEVELOPMENT AREA r.-1 THE CITY OF SOUTH MIAlvU; DECLARING TIlAT CERTAIN AREAS OF TIlE CITY OF SOUTH MIAMI. FLORIDA AS SLUM OR BLIGHTED AREAS AS DEFINED IN SECTION 163 .340, Florid. Stoll"cs (1991); DECLARING TIlE REBUll.DING . REHABILITATION. CONSERVATION AND REDEVELOPMENT OF SUCH AREAS AS NECESSARY IN THE INTEREST OF THE PUBUC HEALTH. SAFETY. ~10RALS AND WELFARE OF TIlE RESIDENTS OF THE CITY OF SOUTH MIAMI, FLORIDA, UNDER SECTION 163.355, Florida StaMes (1993); DIRECTING TIlE CITY MANAGER TO INITIATE AND PREPARE A PLAN FOR REDEVELOPMENT FOR ADOPTIO N IN ACCORDANCE \V1TH SECTIONS 163.36 0 THRt: 163.365 . FlQljda SliD II'" (1993); WHEREAS. lhe City of South ~ami. Florida has retained Dickey Consulting Services to prepare 3 repon concerning a "finding of necessity" with respeet to redevelopment; and WHEREAS. Dickey Consulting Service.s has prepared a ''Finding of Necessity" rep ort for the South ~liamt Community Redevelopment Area. d.ted April 1996 as set; ond WHEREAS. the Mayor and Commission has considered expert testimony by Dickey Consulting Services concerning the existence of slum and blighted areas within the City in accordance with the uFinding of Necessity" repon; and WHEREAS. the Mayor and Commis sion hereby finds that one or more slum or blighted are .... as defined in Section 163.340 Florida StaDlm (1993), exiJIS within the City'S boundaries ; and = ~.: ',' .... 31 . ',' m i 9 "j ~ 6 PG. 4 4 9 7 WHEREAS. the Mayor and Commission hereDY nnds that rebuilding, rehabilitation. conservation and redevelopment of said slum and blighted ar ... is nec:essary and in the interest of the public health. saiety. morals, and welfare of the residents oithe City oiSouth Miami pursuant to the provisions efS.ction 163.355 florida Stann .. (1993); and WHEREAs. the Mayor and Commission hereby finds that said slum and blighted areas are appropriate for redevelopment; and NOW THEREFORE BE IT RESOLVED BY11lE MAYOR AND COMMISSION OF TIlE CITY OF SOl.lTIi MIAMI. FLORIDA: Smo" I That the Mayor and Commission oithe City of South Miami """.pts the "Finding ofNecO!,ity" repon tbr the Community Redevelopment Area in the City o(South Miami, dated April 1996 . nus acceptance, and the matterS set fonh in ,his resolution a,. expressly conditioned upon a finding by Metro Dade County that the South Miami Redevelopment Area is • '''lighted'' :>rea within the meaning of Pan III of Chapter 163, flgrida ,,,niles and funher conditioned upon a subsequent delegation of authority by Metro Dade County to the Mayor and Commission o{the City of South Miami. pursuant to Florid. SI.b!!e 163.410; and Scs:tioo n That, as .videnced by the e.pen testimony of Dickey Consulting Services, a blighted or slum area. Il$ defined in Section 163 .340, Elorjda StanltcIf (l99J), exists and is specifically delinuted in the accompanying repon . The areas d .. cribed in the repon shaU be retOrnd to BJ the "South Miami Redevelopment Area." Smion lIT That the rebuilding l rehabilitation. conservation and redevelopment afth. South Miami Redevelopment Atea as provided in the Communi!)! Redevelopment Act of 1969. Chapter 69.305, Laws of Florid .. Codified As Ch.1ptcr 163. Port !II. florid. Stohl!rS (1993) (hereinafter referred to as th~ "Community Redevelopment Att") :5 necessary and in the interest of the . :; lfrn= . :' . . ", ~ ... 32 ~~u 9 '/' \) 6 PG. 4498 public health, saiety, morais. and welfare of the residents oi the City of South Miami pursuant 10 Ihe provisions of Section 163.355, floriD a SI.tutes (993). Sectign IV 11lAIlhe South Miami Redevelopment Area is hereby fOWld and declared 10 be • slum or blighled area as defined in Section 163.340, E!mi.da SIAWte, (1993). Section V TIuuthe City Manager initiate and prepare a plan for redevelopment for adoption in accordance with Sections 163.360 Ihru 163 .365 , flprida SIaM .. (1993). Scs:!jgn VI1 That this resolution sh all be eifective immediately upon its passase. ATTEST; ,(u <ttiL JIWAv CITY CLERK ' (J READ AND APPROVED AS TO FORM; ..../ . 7"':.,-. ' .~-.... :' .... CITY A nORNEY COMMIS.;[Ot; VOTE: 5-0 Ma yor Cunni ngham: Vea Vice Mayor Robaina: Yea Commissioner Price : Ve. Commissioner Sethel: Yea Commissioner Voung: lea 33 ~ ."ft .. -·.\.-. :.., -~~-. . '. . ... ¥ •• _--__ • __ ..L~ Approved ____ Mavor m 19 '( ~6 PG . 4499 Aqenda !tem No. ~(Vl l2-3-96 Vela 'Overn-a~'e--------------, BESoumON NO . i-1374-96 RESOLUTION DECLARINO CERTAIN GEOGRAPHIC AREA OF CITY OF SOUTIl MIAMI. FLORIDA DESCRIBED GENERALLY AS BOUNDED BY S.W. 600 AVENUE ON THE WEST. S.W .62ND STREET ON mE NOR1H. S.W. 57il1 AVENUE ON -mE EAST. AND S.W. 72ND STREET ON mE SOUTIl TO BE A SLUM OR BUGHTED AREA ; DECLARING THE REBUILDING. REHABIUTATION. CONSERVATION AND REDEVELOPMENT OF TIlE AREA TO BE IN mE INTEREST OF THE PUBLIC REALnt. SAFE!{. MORALS AND WELFARE OF RESIDENTS OF CITY OF SOUTH MIAMI A.."ID OF DADE COUNTY. FLORIDA ; F!NDING NEED FOR CREATION OF COMMUJ:-,'lTY REDEVELOPMEhT AGENCY; DELEGATING CERTAIN COMMUNITY REDEVELOPMENT POWERS TO mE CITY OF SOUTH ~llAMI; PROVIDING FOR AN EFFECTIVE DATE WHERE.'.S. the F!aritio L<;i.iorure C"OCI:::he Communit)· Rcde ... ::a?menl ACI ai 1969 during 115 1969 l~;lSiati\'c S:sston. which e~ctr.=:'l~ is pres:ntiy codified ::1 the Florida SUU\lles :IS Pm 1lI of Ch:lpler 163. Seclion. 163.:::;0 through 163,450 . (as amendedl: ond WHEREAS. 011 powers arising lhrough the :uoresaid cllllCllllCllt arc confc:m:d by that e""canent upon counties \\ith Home Rule c"'..ne rs . which counties in rum "'" 3UthOnz= Ia Qe.le~:u: te:uin sut:n powers to municip:1lities ",thin their boundaries: :md WHEREA.!:!. sut:h :uthori~on ior counties to deleg:ue sucn powers to mqruciprLJities is contained in Sect ion i D~.41 O. Floricia SLlrutes: 'shieh States: 163.~IO Exercise of pow .... in caunti .. wi,h bome rule cbane", 3 34 r:~~' i 9 'I 9 6 Pli. 4500 Agenda Item No. 4 IV) Page No. 2 In any county which has adopted a home rule charte:, the powers confem:d by !his palt shall be cx=cised exclusively by !he govemiDg body of sucl1 coumy. HOwever. the govel1ling body of 1liiY such county which has IIdDpt<d a hottte rule chztzt= IIlIIY, In its discretion. by resolution delegarc: the ox=ise of!he ~ comem:d upon the COWIIY by this par! within !he bolllldaries of a IIIIIllicipulity to !he govcming body of such amttnicipulity. Sucb a delegation to a municipality shall confer only such powers upon a IIIIIllicipulity as ,ball be specifically =mwlln!he delegating """,Iution. /usy power not specifically delegarc:d shall be n=rved exo:lusively to the governing body of!he COlmty. This section do", not affect :my community redevelopment agoncy creaIed by • municipolity prior to the Ildoption of. county home rule cbaner. WHEREAS. on May 21. 1996, the City ComIllission of the City o(South Miami adopted Resolution No.1 05-96.9859 (the "City of Resoiution" No. 105.96·9589), .tl3Ched hemo as Exhibit D which. among other things, declared the Redevelopment Area defined thmin to be a ",Ium or blighted at.,,", lIId mode a flllding of necessity os to the ",habilitation, conservation or redevelopment. or combination thereof, of such Rede\'elopment Area: and WHEREAS. thc Board considered the "flndings of Necessity" Report .=hod hC"'to as E:<hibit B. contemin~ the e,iSlence of slum or blighted = within the City of South Mium; and WHEREAs. the Boan! hereby coneW'S with the City of South Millllli IlOd fiDds that abe or rna", slum or blighted =. os defmed in Section 163.340, Florida Statutes (1996), exist within the City of South Miami bounc1aries; ""d WHEREAS, the Boara hereby fmtis that reouilding, rehabilitation. conservation. and rede\'elopment of said slum or blighted m. is nccessary in the interest of the puolic health. safet)'. morals. ruld welfare oithe residentS of the City oi Soum Millllli IlOd of Dade County, Florida: IlOd . -.. '.: ," .-. ~ .. ,,', ... 35 m i9196 PG. 4501 I Agenda Itern No. ~ C V 1 Poge No.3 WHERE ... S. the Board ben:,y linds Ibat said slum or blighted lIrC:> is appropriate for redevelopment: :md WHEREAS. the Bow hmby finds tIw then: is a nced for a community red~elopmentagenC)' within the City of South MIami. to catty OUt the communiI)' n:devclopmCllt purposes of Ch!Ipter 163. Pm m. Floria.. SlalI1tCS (1996); and WHEREAS. the Board desires to delegate cCtUin community redevelopmcm powers to the City ot" SOUth ~ii'llm pun\l:lllt 10 Clla!"e, : 53. Pm m. Florida St:ltutes 11996\. NOW. TImREFORE.llE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY. nORlDA. THAT, Sestio" I. The ioregoing reciudons are deemed true :tnd correct:tnd lIIe hereby in.orporolted lIS. pm ofthis re'olution. SOCtio" : . .>.5 evidenced by tile i:~din~s contained in E.wbit B. and lIS defineci in Section i 6j .3·;0. Florici~ SWIIles , 1996) • " "ii!;hted or sium arc. e~ists in an = oithe City or" South Miami deseriiled gener:tlly lIS bounded by S.W. 62nd Avenue on the West. S.W. 620d Street on the North, S.W. 57th Avenue on the Eosl.lIIId S.W . 72nd Street on the South. which is spccitic:Uly described in E:tbibit A .• _hed hereto and .incorporated herein by thU rcie=. The = described herein 'lila spocific:lily in Exhibit A shall be reierrea 10 as the "Soutil Miwni R.ec!eveiopment .oven.·· 36 r:~t 19 '7 96 PG. 450 2Agenda It:m No. 4 (VI Page No.4 Seetign 1 The rebuilding, rehabilitation. cOl!3ervation and ",development of the S outh Miami Redevelopmenl Area is n=my in !he intereSt of the public health, saii:ty, morals, and welfare of the residentS of the City of South Miami and ofDade County, Florida as a who le, said finding of necessity being made within the mc:oning of Part III of Chapter 163, Florida Statutes (1996). Section 4. lbt South Miami Redevelopment Area is hereby found and decl:u-ed 10 be • slum or blighted Qtta as defined in Section 163.340, Florida SW\II.OS (1996). Section 5. There is. neod for a community redevelopmenl agency '0 func,i on in the City of SOUlh Miami to carry OUI the community redevelopment purposes of the Community Redeve lopment Act of 1969, cooified as Chapter 163, PIll1I1I, Florid. Swillos (199 6). (the 'Community Redeve lopmen, Act'l Section 6 . lbt Boatd hereby delegates the following community redevelopment powers 10 the City of South Miami in accordance wilb Pm !II ofOupter 163. Florian StaDnes ( 1996): a. Declate the need for and c=te a community redevelopment agency and to delegate powers to thaI agency or 10 declare itself as the agenc)' with the power to exercise such powm which may be assiBDcd In the agency; b. Initiate, prepare 3Ild adopt. pll!ll of redevelopment and any amendments theretn, which plan and amendmentS sball be subject to the subsequent review and approval by the Board: and c. All powers not spccific:uly delegated to the City of South Miami are reserved exclusively for the Board . ... __ .. _------. ---_. ------~., -:-;-:;: . ·~~r~~ .' 37 Oi'F '9'; liS ' tie' 03 f:EC 1 " iJ PG. <l AlcnaaltemNo. HVl Pase No.5 The iO"'8 oin g resolution was offered by commissioner Pedro 1!ebcrecia who moved ilS adoption. The motion was seconded by Commissioner !lmmi.s C. MalIa and upon being put to a vole. the vote was as follows: Dr. Miriam Alonso Dr. Barbm M. CareY Bony T.l'erguson . Gwen Margolis fumny L Manies Pedro Reboreda sye sye sye sye ajJs""t absent Javier D . SOUtO Jun"" BurIa: Miguel Dlaz de I. Ponill. Bruce C. Kaplan Nuacim Seijas Mill!n Dennis C. Moss lCatY Sormso n absent • The Chairl'erson thereupon declMed the resolution duly passed:rnd adop,ed ,his 3rd day of December. 1996 . '::us re,olu,ion shall become effective ten (10) days ailerthe dlte ofit, adopt ion unless vetoed by the Mayor. and if vetoed . shall become effective only upon an override by this Board . APpro"ee! by CountY Attome\, :a.s"\ to form ond legal suffieie~cy ._· ";\;::3~c.:t:= ... -_.-_._--- ,- 1 DADE COUNTY. fLORIDA BY ITS BOARD OF COUNTY COMMISSIONE.itS HARVEY RUVlN. cLERK ~y. SULLlV AN DeputY Clerk 38 STATE OF FLORIOA COUNTY OF DADE " I. HN:rv'EY RNIN. ClerK or the CirCUIt: COUr't i n a.nc for Oa.de Ccun~, FIClrlda. an::I Ex...offlelo ClerK of tne Boara of Ccurn:y CannI~:Slo.nerS of 'SAId to I-£REBY CERTIFY that !ha e.ccve and foregoing 1$ a trtJD m)Q c::Irrect. CCI>Y of Resolution No., ___ R-_13.:.;,,7_4_-9,;,6 ______ , adec,,,,, bY,'':'' =aId beara of CcAJn~ CC'I'rrllsS ion!!lr:5 at Its mee'tlng Meld on _-'n-.Oe""'=· ... r_..:'_'_· __ _ 19.2L.. IN WiTNESs .~, have nere..Jnt:o sec my "111\0 ana cfffclG.1 seal en t"'l~ ___ l_O_th_ cay of __________ Dec __ """"_·_~ ""D. ~ .&1/!" :,; "" .. ;.~'!~ "-~ . '" HNlIIEY RI.N IN. ClerK Boarc of Ccun'tY c:trrml sSlone:r:a Qaae '.:.:un'ty . F r or I ca By Beare of C=UOcy C-~ls:Sloner5 Dade c.:i.ln'tY, !': or I oa .... ... ~. :. " ,,' '.' 'r 39 mi9'796PG.4505 Ch.163 INTERGOVERNMENl'AL PROGRAMS F.S.199S menlS. fn couraglng VOIUnliHY renaolhlaucn . anc com · paning ::o.e tep811 an o tenablhtal lcn 01 detenorBreo or d et enc/lung suuclur es: IhO develOcrnl!nI 01 allotoaole hOllSlng: ancllhO c lear~ce ana reoeV6100meni 01 slum anlS btQhlec areas Of OOftlons thereol . ....... -. i Q.~~.' l .a.. .. ~1 l VI ",·n! 183..353 Pow., 01 tss.ing lIutMnty to tn. at appro - PM" funds to I redevelopment tNIt lund In orCllr 10 pmlMl Inll ennance trle tax bU1I at Ina aulhority .- Notwllhst andlng nny OInIH tlrOVISl(ln 01 gener al or tpe. CIa! bw. Ihe purposes lor wntch 8 laxing lumOrlly may levy wes or appropnalD funds \0 a l e08VtlIOomefll HUSt luna lr.Chloe the Drelervatlon Bno enhancement cl the IoU base at suen \,1)(.ln9 aUlho([ly ano Ihe !url heung 01 the P1Jrao5eS 01 suen 13xlng aulnom.., as pIOVloeo tl y ~w. lIJ .... '_. ;1 ao 60\-1)6 1113..3.55 Finding 01 nece,sity by caunry or municl. PIUty.-:';o counN or tnuntCao ahly sna il I!~e,c\se I"e iliulhOfIIV conlelfeo by IhlS DB n until aller l he gcvemlng body Mas adoplee a cuOlUlIon lindlng thai : (1) Or.e 01' more slum or b\Jghtee ereas, 01 one or more eren .n whleh thote 15 a snorlage 01 nouslng atlorolcle to restoents of low or moaerate Income, including the etcerly , ext51 In sucn counly Or muf\lCtpal, ity; lila. (2) The lenab :iLlallCn . cons el'va tlon. 01 ledevelop' nl8Ol. Ct a comblnallan Ihe/eor. or 511ch aree at areas. Inclu(lIng . II aPPlophate. Ihe development ot hOUSing whith re!laenlS 01 low 01 moderate H\COrne. Illcluding Iheelaelly. can a1l010. 15 necessary Ifllfle Inlere!1 01 Ihe oubl.c health. s,nel Y. morall. at wellar! Ollhl! leS loents ollucn CO~nlV or muntcloalllV "".,.,-\ • en ri--m •• [II M ·l!.6 I • ~ .. ioj_Jl& \63.355 C""lon 01 comm urllly retl&lIelo$lment 1gency.- (I) upOn iii lindmg 01 neceSSllv as sel 10tih In S 163.35.$, ana UCon a lullher Ilndlng lnal there 15 a neeo lor II. c:ommun.lty rece velO cment agency to luncuOl'\ In the CO\Inty or mUnlclpahly to carl'\' oul 1M cornmuMy redeve lopment curposes 01 th is. calt . any Counly Qr m\lIlIClpahTy May Cl eelO 8 puDlle boay corporale Ina poh1lc 10 be known as 8 ·communlty leoev~ome n l agency.' Each SUCh agency shalt be COn5lIIUlea as a publIC In$lru memahly. ana Ihe BIBrc'se by a communllY retll'olelO c ment agenCy orlhe powals conlerrto by th iS pan Sl'.aU b e oeemec ana held 10 De the oellormance 01 an essentIal puo!.Jc luncllon . The c OmmuflIIy ,eOeyel, opment agency 01 a county has Ihe power to lunctlon ....,Ihln the corpollua Ilmlts 01 a munICipality only as .• 1. anes When tf'\e govelnl ng cody ollhe mur.II:JX)Ah!V has bY reaclu uOfl concutreo In lhe co:nmu nlly reoeve lopment plan proposeo ov the goyerrung boav ot Ihe COUntV . (2) Whe n Ihe gevwnlng boov 3000t 5 a ".sOlullOn Ollctall Mg lMe neea lor a c ommunllY rl!oevelOQmenl agency . II'\BI tloay snaU . by OIOlnlnCII . apPOII\! a beIIlO 01 comm iSSIoners 01 Iha communuv reoevelopment agency, wnlch snail conS\~1 0: nO I tewel Inan Ilva or mO l ' Il'Iln seven commlsslOne,s , ii'll! Itlm s or oltlce 01 :he Co."nITIIS5lQnels sn..a !Jbe lor 4 .. ears. exceallllilllhree ot Ihe memoer. 11151 aOPO IMleO st\au ee oellt;!ntueo 10 se Ne lelln, 01 1.2. ana J yeals. reSpKtMlv. Itom t he \JOlle 01 lhe .. appOll'olment5 . anc all alMr membe rs snail ce Cll!s lgntUBClIO serve lor terms 01" 'Ieill" Irom Ina Cl tB 01 their aopoltllmenlS , A vacancy occurMg ou nng 3 lenn sholl DO Idled 101 the uneltPII'!(J term. (3)(a) A ccmnuslicner 5hII1 Iturve no compensa • \I o n tor 5elYICes . Dut 15 enllUeCi 10 Ihe necessar y t,rpense5. mctuClII\g trllvel elCpenslIS. intUIted in tM OIS' cnatge 01 dulies . Each eOlM'tls5 ICtlS! ,haD hold otllco unrd tus 01 ntll SuC«Slot 1\85 been aCPOlnted ena has ouabli ed . A c81111icale 01 the apptxnl me nl 01 rel.lll)Oln t, msnl 01 any co mmtUlo ner shatl be hIt(! wllh the CICHt altho cou nty o r mulUClpahlY . ana SUCh celll1\eate IS con, CIIlSNS eVIden ce 01 Ihc oue ano ploper iilc~l1Itmenr 01 sucn commiSSioner , tb) The powers 01 i!. comm unny reael/ele om en! agency snail bo exerclseo OY In e commluloners :her80!, A malOJlIV 01 me COIM'\ISslonels COl\stltulU a :JUOfum lor the QUfPOse 01 eonoucUtl9 DuSlf1ess ano I)ler~,"g Ihe powers of Ihe agen.ey ana for cll 011'\111 curaoses. A.c.tton may be laken oy Ihe 8gt!ncy UDOCl a vOle 01 a m&lonty ollhe comm l ss:oners OIlienl. unlefS m envce!;e Ih e DyllWS 'tOU lt e a tat ge , numaer.Any pel· son may DO Dpj)Otf\leO as commISSIoner II he 01 sne ,esldes 01' IS engagl!d In tlutll'less. whICh mallli OWI'lll'lg a t)IJS1l\e55 . oraCUClnQ a profe'~ton. or cerfomung a ~er· VICO 101 compensallon. 01 SIlNtn9 as an office' or OUBC - 101 01 a corporatIOn or Othel DUSU'leSS enllty so engageo . '''''Inin the aroe 01 operation ollne agency. wh'lCl'l sl\a.lI oe coletm1tlOOS wl lh the atea 01 apelBuon 01 U .. ,e eounly or munlc\cal;ly. an!2 15 otherwIse eligIble 10f SUCh aOOOll"ltment undel Ihls cafC . Ie) The geveu;!ng ooay Ollh! COUllIV 01 mUlllt:Dall IV snail cieslgnate a Chat' ana Ylce cn;m Irom among lro e ;::lm""SSlOnefS . An 8gency may emC!Oy an exe cu we :llteClor . loehmeal exoe llS, aoo suc.n olne, agents ane ~'T\()Ioyeu , pe rtn!nent an a te mOOIBtV. 15 It r~UlI'es . anO aele/mlne the1t o:Jatlicahons . Otomes . and comDen · SOllOn. FOI sucn legal servIce 1111 leowrn. an tgcncv may emQloy Of retam tiS own counsel end 1e9a1 staff. An agency aUlhorized 10 transaCl buSIn!!!SS lI'Id elerCtSe power s under IN' pan sflatt Ille Wllh Ihe gO\1!rnrtUJ baaV and Wllh thO Auditor Genere l. on or beforo M4rcn 31 01 ea en yeal , a reDOlI 01115 actIVI ties lor the oreteolllg lis · :at year. wtuch re!)On snalf lnctuoe e comp.'!I l e linanclal ltetement se lMg lonh TIS asse". IIabilil[es . meane. and -::peNlung Olpanses as 01 the If\(! 01 suth hsw yeal . AI l he ume 01 firng Ihe rePOl't . the eQenc:y shalf PUb llsl'l 111 a new'aaper el gene.a1 OICliallon In the comtnuNIY t t\OU~ 10 Ihe elleci tntt sue" fePOf1 nas oeen filed w ltn the coun\V or ml.lf\lC tOll.6W una IhltlM feOOt1 IS eyadaOle 'or \nsceCIIO" l3unng (JUStneSS nOUIS lfllht.! otlitc 01 tno ;:e ril. ollhe c.ly ()I county commlsSlCn ana In tne oHiee ~I Ih" aoency. (a) At Iny litoe aile' Ihe CIUtlOn 01 II commurnly 'coevetoDmenl aQency . Ihe I}Ovetn'fI{J body 01 Ine :~u1\ly 01 muNCiOAllly may apDIOartDle 10 the agency suen amor,mls as 1M QOVeJfl'.nQ DOtly oeems necesrm ';:, Ihe IOl'/'llm Srrall ve el pl!n SeS 800 OVfIlhellO 01 IhI! 1gencv, .l,) The goyelnl1l9 OOOY may rlllT\OVll B COfN1\lSS10ne f .;, Inerhclet\CV, neQ ,ecI 01 Clut v. 01 tnls conOt.lCI U'lor-ICe :I'\IV !I I le t • ne!rV'lQ Ino onlY I! ne or sne na, aeen qrv~n 1252 -"T i ''iitbliX Iluttie» ·''''i''i,n "or ./ .' .'- t .~' -, ! ! I I 1 i i '. (~) 40 n 7 9 6 PG . 450 G lCl:lP'/ollhe charges al least 10 days crlor 10 su en hcar- fig BtlO has hao an opp ofl unlty 10 De neal'D In person 01 by co unsel. ....,.-... I.UI. ".~I.I. I ,"" &J·ZlI • , .,. ~.~, g,u en ~.!l 1 ,a,m Gcnlmrng body as the commun ity red,· ,,_ment aglnc;:o;'.- PXII) As an alte rnat l ... e to Ihe aopo,mment 01 nOI !IIWO' than l ive or mote Ihan seven memoers at Ih e 19aney. lh& governing Dody may. al the IIn\II at the l QOpILon at a resolutIOn unoe"s. 163.lSS. or 8 \ any lim e l/le'u ller by aa opl/on 01 a-t050lulLon , a ee lare lI ~e U to be an agency. ,n willen case all Ihe (Ig niS. pewets . duties. pnvll eOe s, 8no unmunllJe& veSle" by IhlS oart In an agency w dJ be vBsted In 1M g eve rn lng (l aDV 01 Il'l e tourny or mUnlClPllllty . SUO lee! Ie a llle6DOnSIOI\llles Cl n D iabji!e:!o Impo seD or 1!\currco , (01 Tite memeers 01 thO qQ~ern l ng 000 .... snail tie tne memoers of Ihe aoencv. bu t suen memoels t o:o.Sl:lule the need 01 a legal emIly. 5e parale. Clsllnel. and tnchpenoenl hom Ihe governtng boay 01 Ihe count y or muwe1Pallty. II t~e governing DOOy ae.Ci21r05 ,,,8.11,0 be anegency wnch al teaO v e1us lS . Int. new agency 15. su o· jed 10 111101 lhe re~oon.51bdilil!s ana hab ~ities I1T\poseo or mvned by 100 eXlltlng ilgenc y. . (c ) A goverrnng eoa'f wl'\lCh Ccnsl$l$ 01 fiv e memo bell may ep pcr.nt two adCU llonal POl5cnS l0 ael as mem o bms or rhe commu Olly reClevelooment agency . The terms 01 otflc~ allhe aCdlllonaJ memoers snall be lor 4 yetm . e_cepl mat lhe tic'S I person atlpOlnlB.O shan IN · tJatt seNe It lorm 01 2 yeefS. J:e.lsons ~DpolI\leO unae, th.1 GeCucn ar e !lu D)e cI IO allplovlSlOru 0111'115 can tela,· ing to apJ;lOIniOO mcmOO lS 01 ;1 communu y rtoe\·eloo· ment agency . 12) NQ thln9 In ltuS pan oravents tnc gDVett\ltlq 000 '1 hom (O."Il ell1 llg lIle r'9nIS. Dowers . cIIVll ege.s. cuues. illCllrrtmunllleS 01 a commu nltv H~oelletOOment iQen cv upon any enlllV In eXlslence on July I . 1977. wnltn has bten authorrzCd by 'aw 10 function 85 a Clownlown devDklpment DeaIO or 8UlhOuty or as any othel DOCy 11'10 INf1X\se ot which Is 10 prevent an D t;kn'lln8 11 tlums anc ttJg ht Ihlough commur\lty ,totlvelopme nl plans . Any It\IIty in es"lt;nc:c on July t . 19n. wf\lCh !laS been \11180 'Nl th the light!!. pc we~. ~flvtleges . Qultes , aru;1 k!mumlles 01 a comm unity reoevelODm enl 19fncy IS Wbjocl 10 all p rOVI,t OnS ana rupansLbJlitia!lllTlPOSed DV Ws pan. nOtwlll'lttanotng any prDvlSl onSID 11\8 ton:'ary tL any law OJ amenamenl tMlelO whICh e!ItlDhSheo lha tnrity . Notl'ing In thiS att sna n be ton!llrueo 10 Imoal( or IimmtStl any flowe/s 01 any l eoavelOpmenl agency 01 Olhe' enul y as lal et/ea to herem 111 eXISUlncc on the IIfeclNe a i le oj IhlsIC! or 10 repeal. mooltv . or 3meno LIlY law BSlabb.shlng sucn enl l1y . elceOt as sotQilc:ally set lonh here In. ""'.-.4.",,11.1\11 .,~ ~".400 I l~' Il·n, , , '" 6l.1\11 1813S8 lSI.rein at pow,,,, in carrying aut eom· munlty red e velop mi nt and relalld 8ctMtlu.-;"h e tan\fNJnlly reaevel oo menl DatU!" asSlgneo 10 a t om · mUM\! reot!l'lelOOment agencv cte.neo unoer s. 163.356 i'ldude a l tho DOWelS ne cessarv 01 eonvenlfnlla C8UV CUt ana eHecluDlc Ine OUIOOSOS ana arOll1510n5 01 11'1 15 pan. e)teeel thO 101l0WIng . wnlcn coniinue 10 IItSt In Ine govelnlng OCO Y 01 Int c l;:unlV or munlC\oalllY ' (I) Tha cowe r 10 eatenM'e an area to bD a slum or ~hg hleo illtIB. orcotT'l blnallDn me l eo!: 10 dDslgnate IUet! arlla as aOCIopll818 jOt ~mmunllY reaeve locment: ar.o 10 hold an y publiC MDtIOgS (eQul/eo Wl\h ralpeet Ihll(6CO. (2) The Dower to grant finol seprallal to CGl1\rt\lJOIl y red e\le lo omeni c lan s ana mocdie atlOf\s thereo f. (3) The oow e r 10 aUll'IOI IIIt the ,5tUlnce 01 reven ue t:lQn os as set fOl1h In 5 . t63.385. [4 ) The pow er 10 approve Ihe aCQU isition. demoh tlon . removal. or disP06D.1 01 proper ty 85 prOVIded .n I. 163.370 (3) and the power 10 assume Ihe responn ollily 10 oe ar 10S$ as CIOVldeo 11\ S. 163 .37O(3). ~""._. '.d"I 11."1;1 '0.010.11·1)09 ••. '.c.~ ~.I)oI CI'I t l~ 1&3.360 Community redeVlto~mDnt plan •. - I \) Community re ae\letooment In acammunuy rooe· 'Jetopmenl elea sn ail nOI tlB clannea or InmaleQ unlUS :ne gave rn tno bOOy has. cy rasOlUlIon. o ele ttrllne a Sl./tn ar ee 10 tie a slum area. a b llght ea aloa . cr an aloa III wfllCh theta IS a 5hortage 01 housmg aHotdab/a 10 'OSl o oents 01 Jow at mOODlalt Income. mcludmg tile eldert)'. or a comD lnauon IhOr eol. and deSignated such alea as applopnDlt 10' communtly teCItye looment . 12} Th e camrnurllty te~e Y tlocmenl clan 11',.a1l: Ie) Contorm 10 the compfCnen!ll VC clan 101 It't D caumy or munlClpall tv as j;l,epareCl by the loca.l planning age ncy unce r th e I.ocal G over nment CcmprCnenGIYD Plal\Mlg ana LanCI Oe\l eropm en l Regulauon Act (b) 8l! sut1 idenlly comal!l! [a lI'IOteale such land aCQUISItion . demoUtian ano fllrnov Bl of !>UUC IUlCS . ,ode · ~elOPment . lmprOyemam,. an:l re flaCllllallDn as may be proposeo 10 DC Cllrr ltO OUI \(\ the community reOIlIJelOe· mInt area : zOni ng a.no C\an Nng tnMgc s. I; any: l ana oJ ses: maJUmum ae nslllu : ana tlUddl!\g reouu emenlS. tc) P'OVIae fer 1M oe vetoomern 01 at/ordaclll hQus' Ing In mil olea. c:' Sla le the feasons lot nal aadlen ln9 In me plan Ihe ae llelocment 01 aHaraa!:le hQu~n9 m Ihe .luta. Tha cauney. muruoDaJlIy. or communtlv reaevelOp ' ment agel'\Cy sh all coaralfla tc IM lh eeen lIauSing autl\or· Ily Or Oll'\Of affaldabl o hOU5tng en lllies /unclrorung ¥I1l hln lhe geographIC Oounoalll!S of the reoe ve(opmenl lin. concer nll1'W the cevelOiJmanl 01 atforo;1o l e hoUllng III 1M mea . (3) The CO\Jnty. mUNcipalil Y. 01 community recevel· oome"t agency may Iisell preDate Of causc 10 be pre · OlfCO a comtnUl\l lV reoevelOomCnl pllt!. Ot ltIY pellOf\ or ,oeoey. cubtit: or rmvlla. may submit sucn 0. plan \0 is communIty "aavelocmenl agency . PIIOI 10 liS conSlo, elel lOn 0' B commuNI)' rc0 911aroo meni alan. Ina comm u· My r eoevelocment age ncy ShalL ~Ub tTl1 l such ptan to the IOC&I c tan f'llng ageney a( lhe ccunty Ct mUflOD4!Irv lor 18VlCW ana ,ecommenOBt tOt\5 as 10 liS conlOlfl"Jty yntl'l lh e cornp,enen r,lV e cl an tor 1M!! Clellctoomonl 01 me county 01 mUf'llCIpalll y as • wr.O!O . The IOI:AI p\aMlNJ 19&ncy snail suonul lis wlll ien recomtne no6uo!\S Wllh IUoeCl 10 me conlOlm lly 01 Ihe Dlccoseo ccmmunll'( '1!llevelO omenl pliln 10 !nO commu1'llly te oe lo'tllOomenl 1g en cy WI \Min 60 davs ahel ,eeeIC! of Ihe Ptan ler '~VI'W . uoon l ece lCI 01 th e ,e.commenoaUDnS 01 lhe ~cat ol aMlflg age nC'J . or . II no 'ecommenllBuons ille ':ceTVca WI\tlln sucn 60 dllIlS . ttlen wnnoutluen recorn · :nen OAtlO ns.tne corr.munl111 reoev elo omenl a~ency m;s IJ 1253 .' L .. • 41 mi9'796PG.4507 .... .. . .. . , ., ........ ,~ . .... C1TY OF SOUTH MIAMI " SECTION I: TASKS Actions Necessary for the Proper Creation of a Community Redevelopment Agency for the City of South Miami under Chapter 163, Part 1\1 Florida statutes, the establishment of the Tax Increment Funding mechanism, and the establishment of a Redevelopment Trust Fund as required in a Chapter 125 county such as Dade, It should be noted that there are several actions listed below that are not required to proceed in a set croer. The events that take place during the adoption process will dictate changes in some instances. Action One: Nollce to Taxing Authorities Section 163.346. F.S.: Notice shall be provided to all taxing authorities which levy ad valorem taxes en prapeny within the boundaries of t he proposed Redevelopment Arec. This sholl be completed by registered mail at lecst 15 days prior to the adoption of ony resolution . '. ~.' . .' ~'1 • '. ,. ;0.,' - 42 ':, m i9'i96 PG. 4508 -... ..-"~''''I·~ or ordinance required under Sections 163.355, 163.356. 163.357 or I 63 .3B7. F.S .. Asllan Two: FIndIng of Necesstty ",-.. . ..... ' .. As per Section 163.355. F .S .. the City must adopt a resol u tion declaring the existence of slum and blight and statIng the necessity of redevelopment In the public interest . While the statute only requires the adoption of a resolution to meet this requirement. it is prudent to have on expert conduct a survey to document the Finding of Necessity and to accept expert testimony in a public hearing as to the existence of the need for redevelopment based upon the survey and other statutorily requ~ed issues. The t980 Lakeland case regarding the validity of redevelopment bonds that the CRA Issued is a good case In point. The Finding of Necessity shall be inctuded In a future County- adopted resolution and shall be part of the adopted Redevelopment Plan Ipreferably as an appendix). This "finding" relate to a speclfled geographic area which shall be the Community Redevelopment Area and shall be described in a legal description. This legal description shall follow all documentation and actions relating to the establishment of a Community Redevelopment Agency and Tax Increment Financing . II is Important to consider tax code issues 1-;-. 43 OFF' 9'i96 4~'09 I:EC 1 I PG . u "R .\ .~,:, .,.; ,-,. regarding tax free or taxable redevelopment bonds based on the size of Ihe area and Ihe l otal taxable v alue generated by the area as it relales to Ihe City as a whole. Acllon Three: Resolullon by th e Dade County Baard 01 County Commissioners A resolution shall be adopled by the Dade Coun ty Board 01 County Commisslonel1i delegating certain authortty to Ihe City regarding community redevelopment powel1i. This is requ~ed in Section 163.410 F.S .. It shou ld be noted thol the City will stili need further approval from the Dade County Board of County Comm;ssionel1i for the adoption of lis Redevelopment Pion. the establishment of Tax Increment Financing. and Ihe rotification of an InteMacol Agreement specitying the City's powel1i. reporting requirements. es t ablishing the working relationship w ith the County. and any limitotions thot may be placed upon the expendllure of funds or other redevelopment activity. This Is to be negollated prtor to final approval of all CRA- related requirement s by the County. The successful negotiation of the Intertocal Agreement will be key to the City's chances of accomplishing its redevelopment goals. Amendments to the statute made by the Leg~loture in 1994 are Important to this process . ',,' , '., . 44 ~~u 9 '79 6 PG . 4510 It should be noted thm this resolUtion can be adopted ot several poinls during the inillal stages of setting up a CRA and TlF. This Is not the finol action required by the Dade County Board of County Commissioners. Acllon Four. A Re50lul1on 01 the City Council A resolution sh all be adopted by the City Council as per Section 163.356 F.S. which shall state the need for a CRA and declare Itself to be 0 CRA. and it is recommended that it also declare its members to be the board of sold agency. This resolution may also designate the officers of said agency. Action Five: The Proposed Community Redevelopment PIon The proposed Community Redevelopment Plan sholl be submitted formolly by the Agencv to the Local Planning Agency ILPAI ot the Oty. This Boord can be the official LPA or an exist ing advisory LPA. The LPA has 60 days from the receipt of the Community Redevefopmenl Pion to comment on the conformity of the Community Redevelopment Pion to the City Comprehensive Plan that Is in existence 01 the time the Community Redevelopment Plan is received. II should be noted that olthough Section 163.360 (3 ). F.S. allows the Community Redevelopment Agency to move forward to 45 ~~~i9'l96 PG .4511 )R \ .-.-," ~ Ihe public hearing w ith the City Council In Ihe event that 60 days posses w ithout comment by Ihe LPA. ills stili statutorily incumbent that Ihe Community Redevelopment Plan be In conformance with the Comprehensive Plan. If a Comprehensive Plan amendment is required. It needs to be addressed in a timely manner in order for the process to continue in a timely and proper fashion. lhese requirements must be addressed prior to Action Six. Action SIX! Adopllon of fhe Commun!ly Redevelopment Plan by Agency Resolllfion The adoption of the Community Redevelopment Plan by the Agency Is established under Secllon \ 63.360141. F.S. and is the step prior to submitting the Plan to the City Council and each affected taxing authority. The actual adoption of a resolution is aptional. The plan can be forwarded by a simpl e majority vote of the Council or may be submitted through stoff channels. Acllon Seven: Nollce to Taxing Author"le. prior to pubnc hearing Notice to Taxing Authority/sl by registered mail at leosfl5 days Is requ ired prior to the public hearing ot which the adoption of the Community Redevelopment Pion and the ereotion of a TtF mechanism and fund by adoption of the statutorily required " . ," .~: ':'~ .. ;. . . '. ;~ . ., .. " , ;, ... ': ','. 46 OF!' . n t;EC h 'j' 9 6 PG. 4512 )~ .~-It .•. . -. ordinance will be considered. Public notice Is required prior to th is hearing and shall contoin the Information requ~ed by Section 163.360(5). F.S .. Action Eight: Approval 01 Communlfv Redevelopment Plan by City Council After the pUblic hearing is held. the Comprehensive Pion and LPA issues are resolved. and timely notice and required public comment are conducted. Ihe Cily Council may adopt an ordinance opproving Ihe Community Redeve lopment Plan. This can be accomplished if Ihe Council finds that all conditions outlined In Section 163.360(6)A·D. F.S. are satisfied. This ordinance shall also provide for the City to submit Ihe approved Plan fa the Dade County Board of CounTy Commissioners. Acllon Nine: Public Notice Concerning C!!Y ', Intent to Adopt an Ordinance Establishing the Trust Fund As pu~uant to Section 163.387 F .S .. the City shall publish a Notice of its Intent to adopt an ordinance providing for the appropriation of Tax Increment Financing 10 a newly established Redevelopment Trust Fund. It is recommended that this notice also provide conditions relating to future redevelopment bonds. expenditure of trust funds. 47 ~~~ i 9 '19 6 PG. 4513 DR . .!.)':' delegation to the agency to administer said funds. providing for an annual oudit. and providing an etfective date. Action Ten: Ordinance Adopted by the City Establishing the Redevelopment Trust Fund and Providing for the Appropriation of Tax Increment Financing The City shall adopt an ordinance fhat addresses all actlvilles as presented in Section 163.387 F.S. and expressed in the public notice. Action Eleven: Resolution to Re.Adopt Commun!!Y Redevelopment Plan if Necessarv If necessary. the City has the oppcrtunity at this luncture to adopt a resolution amending the original Community Redevelopment Plan if the Plan needs to be modified to conform with the negallatlons related to the Intertacal Agreement with Dade County or to conform with the City·s Comprehensive Plan. It Is oHen fhe cose that Dade County will request some changes which may be minor. such as language. policies. or coordination statements. or requested changes may be more significant. While these minor changes may not effect the overall thrust or design of the City's Plan. It Is Incumbent upon the City to incorporate them and re-odopt the new Plan by resolution prior to submitting it to the County. It Is key to understand that the Comprehensive Plan can be modified to conform to the PlOposed 48 m i9 'i'96 PG . 4514 ~"'. .. J"~-. Community Redevelopment Pion If desired and acceptable. In many Insionces. adjustments are mode to boTh plans to allow for the conformily requirement to be mel. It is important to note that the Redevelopment Plan is not official at thIs point due to the fact that the County has yet to ratify it. The advantage of this is that it allows the Cify to amend and modify Its proposed Communily Redevelopment Plan while it is a wOrK -ln -progress without showing progre55 . This resolution adopting The Plan sholl also contain a statement directing the City Manager to submit the Plan to the Board of County Commiss ioner; for its approval. Action Twelve: Re.olutlon by Dade County Declaring Redevetopment Area Boundaries. Establlshtng a Need lor a CRA. and Accepting the flndtng ot Necessity The Dade County Board of County Commissioners sholl adopt a resoluti on accepting the Finding of Necessily analysis and the existence of slum and blighted areas within the City. concurring with the boundartes of the Redevelopment Area. finding that redevelopment is in the interests of the citizens of South Miami. and establishing the need for a Community Redevelopment Agency within the City of South Miami. -----.. -. -.... -.. -----.... ----:-----:-::s .~.' ... 49 m i 9 " t} 6 PG. 4515 ""R ' .-• I ,' ... _ I~t' Action Thirteen: Resolution by the Dade County Board 01 County Commissioners Adopting the South Miami Commun!!Y Redevelopmenl Plan . Affirming Delegation ot Certoln Powers to the C!!y Council lor Redevelopment ActlvHles. and Approving the Interlocel Agreement between the County and the Clty/CRA This resolution by Dade County sholl formally adopt the South Miami Community Redevelopment Plan and the negotiated Interlocal Cooperation Agreement that will govem the redevelopment activities and relationship between the City/CRA and the County for future years. It is stressed once again that the successful negotlotlon of on Interfoca l Agreement which will allow the City the necessary powers, resources and flexibility to carry out Its goals orea essential. Action fourteen: Ordinance Establishing a Redevelopment Trusl Fund and ProvIdIng an AppropriatIon 01 County Funding under nF This ordinance establishes a Redevelopment Trust Fund for which Tox increment Funds are to be used in conjunction with other revenues to finance the redevelopment activllies in the prescribed Redevelopment Area and expressed in the adopted Community Redevelopment Plan. The ordinance also sets forth the County's obligation to annually appropriate Tax Increment Funds to the City of South Miami's Redevelopment Trust Fund. It is key thot a 1994 {' 50 OFF . 9 '~ 96 4 e: A 6 f(EC 1 f PG. i) 1. amendment 10 the Florida Slatute gives t he County the flexibility to negotiate a TlF payment between 50% and 95% of Ihe calculated Tax Increment. This is further reason to note the Importance af the negotiations that take place under the Interlocal Agreement as well as the pOlitical discretion possessed by Ihe Dade County Commission. This is an issue that should be discussed at the highest pOlicy levels of the City between the Mayor and Council. City Manager. City Attorney. and Redevelo pment Consultant. Action Filleen • part one: Resolutio n by CI!y Council Adopting the Terms and CondHlon. ollhe Inte rlocal Cooperation A greemenl with Ihe Dade County Board 01 County Commissioners Action FllIee" • part two: Re.alulto" by Communl!y Redevelopmf!nl Agf!ncy Adopting the Term. and Condition. of the Inlerlocal Cooperation Agreement wHh Ihe Dade' County Board 01 County Commissioners In the City Council 's voolon of this resolution. the responsibilities that are requ ired by the Interlocal Agreement should be assigned t o the Community Redev elopment Agency as the Council sees to be In the best interest of successful redevelopment. In the CRA version. Ihey should accept the respons ib iliti es detegated to them by the Council and acknowledge the limitation of their powers as prescribed by Section 163.358. F .S" .,,' ", t ',~~'" :., • :--• • ,.- . :: I ~ .'t: . 51 OFF '1\'796 4~'A7 t:e:c 1 " PG.... 1. ClrfOF SOUTH MIAMI SECTION II: CREATING THE PLAN The Strategy Issue One: Public Input In order for 0 community to have ownership of any plan. it is key that as many Individuals ond groups os possible participate. contribute. and orgue over the contents of that plan. The investment In time and resource s at t he initial stages of this process will be key to our success and witl demonstrate that the profeSSional stoff and consultants serving the City are making every effort to serve the public. Precedence for broad community involvement was set in the Fall 1994 charelteworkshops wh ich led to the creation of the "The 'Hometown Plan' Area 2." Approximately 200 citizens and many community organizations were Involved in this effort. While thele is not a need to replicate 01/ that has been done in the past. we must make every effort t o keep the public Informed as to how previous plans and the~ In pu t from the post are helping to decide the City's redevelopment area's future. The Mayor and Council will be key in Identifying community leaders and organizations t hat the Redevelopment Consultant should meet with 52 OFF ' 9') 116 4e'18 I:EC 1. I iJ PG. .., l personally to insure their involvement and underotanding of the City's efforts. Routine briefings with the Council memcero should be conducted by the City Manager and the Redevelopment Consultant. Issue Two: A Comprehensive Approach Cities often make the mistake of hiring consultants ane-by-one to accomplish piece-by-piece the series of tasks that make up an overall successful redevelopment strategy. As stated In the City's Initial Request for Letters of Qualification, the ideal consultant "must have successfully faCilitated the approval of a Community Redevelopment Area application or comparable project through Metro-Dade. including interlocal agreement." Individuals who have accomplished all of what the City is looking for are rare. In utilizing one primary consultant, there allows for one focus point. Groups of consultants often lead to no one in charge of getting the work done; and therefore, no one responsible. In the City of South Miami. It is necessary to review and evaluate the role of all of the pieces of the re development/community development puZlle that currently exist, Obvious documents such as the Land Development 12 ~ . " . .:' ~ ' . . . ~': . . . :. . .... /,' 53 ~~~ i!l7 U 6 PG . 4519 Code. Comprehens ive Plan . Evaluation and Appraisal Report. and subsequent amendments. and the budget need to be unde~tood t horoughly as well as reports and plans such as T.O .D.D •• the "Hometown Plan ." and other activities that are unique to South Miami. This cannot be accomplished with a piecemeal approach. Issue Three: The Plan's Philosophy: Programs vs . PIctures For a redevelopment p lan to be successful. it must fl15t tru ly reflect the desires of the community. and second. be realistic. Communities who rely on "pretty pictures" that overty specify exaclly what has to happen at a given street corner or on a given vacant lot often face problems when it comes time for the private investment sector t o step up and try to make the redeve lopment gaols of the plan a reality. Ills Imperative to have a balancing oct betwesn redevelopment programs and site speci fi c planning. A plan that is either financially unrealistic or overly resirictive may tum out to be its own wo~t enemy. In the public forums conducted to gain community input towards the adoption of this plan. it wi ll often be the case that citizens will argue whether a particular comer should have an arcade row of shops or a public park. but they will not argue about whether or not the redevelopment plan should .~ 54 OFF . 9'~ II 6 AI e' 20 I,EC 1." PG. 'I" possess on attractive architectural stanaords program or a landscaping and beautification program. The latter of these options is more workable. more flexible. more acceptable to public and developer.;. and will get the job done more effectively. Issue Four. Teehnlco.l Aspects 01 Redevelopment o.nd TlF It Is imperativ e that the City's Redevelopment Consultant Invest information in the City management and staff so that when the consultant's responsibilities are complete. Ihe City Council and the citizens will have resources they can draw from in-house. This allows for the Cily to expend very few precious tax dollar.; In the future on outside advice. Issue FIve: pomics Once the community of South Mioml has come together ond the Council has adopted the proposed redevelopment plan. it Is key that we successfully negotiate an Interlocal agreement with Dade County that will allow for the City to have the power and resources it requires to reach its goals. Historically. the County's senior stoff has attempted to laden a Cily with budget restrictions. reporting requ~emen ts. and "se mi-approval" clauses that serve as a hindrance. The Redevelopment Consultant shou ld be the point man in negotiating and lobbying for a succellful interlocal agreement. The Mayor. Council and City Manager should remain In a .:' -":.' " "-.. . .. , " . , -.-.. '-: . -. 55 ~~~ i 9 '7 9 6 PG. 4521 DRAFT position of hovlng only positive d iscussions with County staff and Dade Commissioner; to the moximum degree possible. The Council will also be key in establishing contact with the appropriate County Commissioners. Iss ue Six: nmlnq In reviewing several of the responses to the City's initial RFQ, the time frame proposed by some of the consultants for the complete establishment of an agency. TlF and approved plan was twenty months. This Is not acceptable. In order to capture a "healthy" TIF revenue stream In the City's flfSt year. it Is Imperative that we accelerate this process if at all possible to nine months. It should be the City leader;hlp's goal to give their citizens a fully established and operational redevelopment agency and TIF fund as a Christmas gift In 1997. ; ,'... ., .. ~ ,.. ... : -;,"-.. ', .' .~ '. , .. :. . 56 ---" ~t .·_,·' City of South iYiiami OFF '9'111i! 452') t;EC 1 I J IJ PG . ... ; 130 Sunset Drive, South ,",amI. florida 33143 663 ·6300 OFFICIAL NOTICE TO TAXING AUTHORITIES March 4, 1997 The City of South Miami hereby nOlifies the Tru<ing Authorities, identified in App. I, which levy ad valorem laXes on IllXable propeny conta ined with in the geographic boundaries of a proposed redevelopment area identified in App, 2 of the city's inlent to create a Community Redevelopment Agency in accordance with Chapter 163, Pun !II, Florida StalUles, known as the "Community Redevelopment Act of 1969," A resolution finding that there is n need for n community redevelopment agency and appointing the City Commission as the governing body will be presented to the City Commission for approval on April I. 1997, G:\cL1EmSCSM\cRA\TAXAUTHl.NOT "City or Pleasant ~\ing' :"'. \ . :. '. '.--' .<; '~.' .'.-, . " ... 57 m i 9 '( 96 PG. 4523 Mary Somerville. Director APPENDIX 1 TAXING AllfHORlTlES Dade County Public Library System 101 W. Flagler Street Miami. FL 33130 Chief Robert David Paulison Dade County Fire Department 6000 SW 87th Avenue Miami. FL 33173 Armando Vidal. County Manager nade County III N.W. IstStree~ Suite 2910 Miami. FL 33128 Alan T. Okes. Superintendent Dade County Schools 1450 NE 2nd Avenue. Room 912 Miami. FL 33132 Julio Sanjul. Director South Florida Water Management District 1550 Madruga Avenue. Suite 412 Coral Gables. FL 33146 Everglades Project South Florida Water Manaeement District P.O . Box 24680 - West Palm Beach. FL 33416·4680 Art Wilde. Executive Director Florida Inland Navigation District 1314 Marcinski Road Jupiter. FL 33417 Of Lie a ai the City Ateorney , City of Soueh X~Ami. 6JJO Sunsftt Drive , South HilllZli. Florida JJUJ ., .' --:-----.. 1111 ., ... --. •• , I , , ,,' .! : ", ~ •• ,0 . • ,:". '. c- 58 .. ~~t.i 97 96 PG. 4524 APPENDlXZ COMMUNITY REDEVELOPMENT AGENCY BOUNDARY DESCRIPTION Beginning ata point, said point being the southeast comer of Section 25, Township 54 South Range 40 East and be.ing the intersecrion of the centerline of Southwest 57 Avenue (Red Road) and the c~nterhne of Southwest 72 Street (Sunset Drive); thence rutUling westerly along the south hne ofthe aforesaid Section 25, said line being the centerline of Southwest 72 Street (Sunset Drive), a distance of 2,640 feet, more or less, to the intersection of the centerline Southwest 72 Street (Sunset Drive) and the centerline of Southwest 62 Avenue (Paul Tevis Road), the .same being the southwest comer of the southeast quarter of said Scenon 25; thence, ruruung nonhedy along the westline orthe southeast quarter, the same being the cemerline of Southwest 62 Avenue (Paul Tevis Road), a distance of 3,463 feet, more or. less, to the intersection of the centerline of Southwest 62 Avenue (Paul Tevis Road) and a ltne, the same being the western e"tension of the nonhern right-of-way line of Southwest 62 Street; thence running easterly along said line, and conrinuing along the nonhem right-of-way line of Southwest 62 Street, a distance of 1,362 feet, morc or less, to the intersection of the nonhem right-of.way line of Southwest 62 Street and the eastern right·of-way line of Southwest 59 Avenue; thence running southerly along the eastern right· of-way line of Southwest 59 Avenue, a distance of 159 feet, more or less, to the intersecrion of the eastern right·of·way line of Southwest 59 Avenue nnd a line, the same being the western extension ofthe nonh line of Lots A, B, C and D of Block 1, University Gardens No.1 Subdivision, A Re·Plat of Block 2, according to the plat thereof, as recorded in Plat Book 91 at Pnge 36 in the Public Records of Dade County, Floridn; thence running easterly along the nonh line of said Lots A, B, C, and D, a distance of 309 feet, more or less, to the nonheast comer of said LOI A, the same being the nonheast comer of University Gardens No.1 Subdivision; thence southerly along the eastern line of University Gardens No.1 Subdivision, according to the plat thereof, as recorded in Plat Book 89 at Page 15 in the Public Records of Dade Couney, Florida. a distance of662 feet. more or less, to the southeast comer of University Gardens No .1 Subdivision. Ihe same being a point in the centerline of Southwest 64 Street (Hardee Drive); thence running easterly along the centerline of Southwest 64 Street (Hardee Drive), the same being the nonh line of the south half of said Section 25, a distance of 990 feet. more or iess , to the intersecrion of the centerline of Southwest 64 Street (Hardee Drive) and the centerline of Southwest 57 Avenue (Red Road), the same being the northeast comer of the southeast quaner of said Secrion 25; thence running southerly along the centerline of Southwest 57 Avenue (Red Road), a distance of 2,640 feet, more or less, to the intersecoon orthe centerline of Southwest 57 Avenue (Red Road) and the cenlerline of Southwest 72 Street (Sunset Drive), the same being the southeast comer of said Section 25, Township 54 South, Range 40 East, said point being the Point of Beginning. Revised November 14, 1996 Final Version office of eha City AttOrney , C~ty o~ South Hia=i, 6J30 sunset Dr~ve, soutb MiAmi , Florida 33143 5 .USaan.B'R? W p'. ____ ..... t •• t. _ t. _____ . • r"< ~ 59 , ' IIAMI DAILY BUSINESS REVIEW p~ Da:Jy UClCllSIUday, 5LRS1y ana ..... -t.I&Iri. D&OICOU/ItJ. FIoR::L "~FlORIDA JrrITYOPOlot,: tfcn tn. ul'\Cal'\lQntd .UUlIIf'ltY ~1"1IIII.1l~ .PPI.rtll Imt II. ,.rtI",... _1\0 on Olin U,I Ibll Ih. I, tn, ""'Ior, L.gat NOli", 01 \1'1. wtlm! Clln., Bu.ln ... .. l/1li. MarAl ftm..,. CoI&lJIltlwpt attulQy. lunda., ~ HOfI4IyI)II .......... , cWlll.nld.t Ml&m! It! D* ny, flOrida; ~ ttI •• ttKf\W copy a'lOY.nllttn.nl, , ILII;aI Af'I'tftllllMftl Of Nouc. Ln U. NnW of tTY OF SOUTH MIAMI )TICE OF PUBLIC HEARINGS ?RIL 15, 1997 • x"~mx Court. JUlIUaIIIM III UId ".".~tn U'II1UUe. d )r 4, 1997 .1 NY."~ m 19'796 PG . 4525 iCn'Y OF lOaUI •. -.' . :., : :. ~ NOnCE OF PUBUC HURINalS . ":j NCmCE IS HEReBV rJv.n 1hI11h' aty CorrmIIIkIn Cli h cay 01 ' SoIih r.u.m, f\oIid.a wt.I CDfICi.1cl PublIc HI..,.. cUi1ra .. TI9At . cay cam..6on ~ an T~, .. 18, 11fT ~ aJ 7:30 p.m.. tn 1M CIr)' CorrmIII6an 0I.ambn. 8130 ScI*t DIM .. to ...-... _--,), . .'-. ~ ORDIHANCE OF TNE MAYOR AHDCrTY COUMISSIDN OF THE CITY OF sount t,II"",", FLORIDA. REu,TlNa TO DB.ETlON OF SECT10N 2 ... .2 Of THe GOUTH tr.IWroII CODE. EUMlHA"NO TliE ornCE; OF ASSOQATE II(UHl- CIPA1.JUDGE. PA0Vl01NCl FOR 8EVERABllITY: PAOVlD- lNO FOR OAOINAhCE.!> IN COHFUCT: AND PAOY1D1NG AN EFFECTIVE DATE.. lilt Rladn; Apt1il. tn7} AH ORDINANCE OF niE MAYOR AND CITY COIAIISSIOH OF nlE em' OF 60UTH N.lAMl. FLORJOA. RElATING TO cotdWNrTV RECEVB..OPI.lEHT: DESlGNAllNQ A CER· TAIN GEOGRAPH IC AREA wmGN ntE cnv OF SOIJTlt . MiAMI ll{E SOIlTH MIAMI COWAtWTY RSDEVELDP. MENT AAEA AND DESaUBEO OENEFW.1.Y AS BEING 8OUHDEO BY SW I2ND ",VENUE ON M WEST. fNI . S2HD STREET ON nfE NORTH. SW 57TH AVENUE ON TME EAST AND SW _72NQ STREET ON lliE SCIUTlt: ACCEP'TlNG A' -OAFo-'nON ' OF POWERS FROU ~CPOUl'AN DAD€: COUNlYTDlliECIlY OF sount WNiI PURSUANT TO QWITER UD. PART m. FlORIDA STATUTES; FINOtH(] THE NEED FOR A COMMUNITY RElEVEl.OPMENT AGENCY: DEa.AAINQ THE Mal8EAS OF THE CClrAMlSSICN TO BE THE MEMBERS OF me CCIrAlUNIlY REDEVE.LOPMENT AOEHCY AHD aRANT· IHO THE AGENCY THE POWER TO EXERCiSE ALL THE POWERS PERMITT'ED BY CHAPTER 153. PART 1/1. FLORIDA STAT\1TES. WHICH ARE. DEL£BAno BY OADE COUNTY TO lliE CrTY CClMYlSSICN, DtREcnNCi THE lHrru.llDH. PREPARAll0U AHD AOOP'TlON OF A RE o' DEVELOPMENT PLAN AHD AJN AAlEHDt.I.EHTS mERE· TO BY THE CCltr.tWUNl'TY REDEVELDPMEHT MlENCY; PROVJOINQ FOR 6MRA8nJTY, 0RDlNANCES 1H COH- FlJCT AHOAH EFFECTIVE DAle (1. ~. APRJ1.1, 18g7) .. -:~ '.~~'~:~~' : ',:" SUI on:irW1CI C2ft tit ~ k1 tIw tty o..t'l Otb, Wc:rCrt. FIbty o.rmg regIJat db ton. .. . ... :.' , • • ''1 ' •• ',," I ~ conownInv tNa tin thUd t. d.tIctm 10 In. CIty MIn-... 0IIIctc:~· _. AU. \nlnsttd par!iu MliIMI.td 10 II!lMd and wiI bI hHn1. ., FknIna TII')'W. cue Qy~""" q:COV,(D ... ·v'".;;. o¢C,,'<,)S I'.' . rJ.foIaC'Cv;n.1lr"G\. Af COP O wtP.'.(n II ARVEY nuvlII r:,f'n,.C tl-'C II,rr:,,,.I,· .., o 60 This instrument was prepared by: Name: Javier F. Avifi6, Esq. Bilzin Sumberg 1450 Brickell Avenue~ 23rd Floor Miami, Florida 33131 Folio Nos.: 09-4025-063-0020 09-4025-063-0010 CFN: 20210607096 BOOK 32686 PAGE 4760 DATE:08/18J2021 10:01:30 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY (Space reserved for Clerk) COVENANT WHEREAS, the undersigned is the Owner of the following legally described property: TRACTS C & D UNIVERSITY GARDENS SUBDIVISION, PB 102, PG 19, of the Public records of Miami-Dade County, Florida, hereinafter referred to as the '"Property"; and WHEREAS, the Property currently has two tracts under the Folio number: 09-4025-063- 0020, with a street address of5941, 5943, 5951~ 5953, 5963, 5961, 5971, 5973, 5981, 5983, 5940,5942,5944,5946,5960,5962,5964,5966,6700,6702,6704,6706, 6720, 6722, 6724 and 6726 SW 68th Street, South Miami! Florida, and Folio number: 09-4025-063-0010~ with a street address of 5949 SW 68th Street, South Miami, Florida which are to be united; and WHEREAS, Owner recognizes and acknowledges that~ the Property is being unified for the benefit of the public health, safety and welfare~ and WHEREAS, in consideration of approval of a building pennit by the City of South Miami for construction of a building on the Property~ and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees to restrict the use of the Property in the following manner: 1. Unified Parcel. The Property is hereby unified as one parcel of land and no portion of said parcel of land may be conveyed, sold, transferred, devised, assigned, mortgaged, or leased separate and apart from each other and they must be held together as one tract with the following exceptions: (a) If there are multiple offices, apartments, townhomes, or condominium units, this Unity of Title does not prohibit the leasing of individual of1ices~ townhomes or apartment units, the recording of a declaration of eondonlinium on the property or the individual sale of condominium units and/or townhomes~ provided the conveying or leasing document is approved as to form and substance by the City Attorney and that it is su~iect to and bound by this Unity of Title and that this Unity of Title takes precedence and governs any ambiguity or conflict between the two (2) documents; and Page 1 of 3 61 CFN: 20210607096 BOOK 32686 PAGE 4761 (b) this Unity of Title does not prohibit the sale, lease, sublease, encumbrance or mortgage of one or more of the unified parcels or any portion of the Property provided the applicable conveyance, lease, sublease or mortgage document, approved as to form and substance by the City Attorney, contains the same terms, conditions, restrictions, and understandings as this Unity of Title. Nothing contained herein may be construed to exempt property from taxation when the property is not tax exempt at the time of the unification of title. 2. City Inspection. It is hereby understood and agreed that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during nonnal working hours before the issuance of a certificate of occupancy, certificate completion or certificate of use for the entire structure, whichever is applicable and whichever is issued last, to enter and inspect the Property to determine whether the Property is in compliance with this Unity of Title and the resolution approving it, the City's Land Development Code, the City'S Code of Ordinances, the City'S Comprehensive Plan, and the Florida Building Code. 3. Covenant Running with the Land. This Unity of Title constitutes a covenant running with and binding the land and must be recorded, at Owner's expense, in the Public Records of Miami-Dade County, Florida. It will remain in full force and effect, and its restrictions are binding upon the current and future owner, including the owner's heirs, successors, personal representatives, assigns. mortgagees and lessees, until such time as it is released. 4. Release. This Unity of Title may not be released except upon approval by resolution passed and adopted by the City Commission, after a public hearing, and approved by the City Attorney, executed by the City Manager and attested to by the City Clerk. The release of this Unity of Title is contingent upon the cessation of the current conditions, as well as the cessation of any future condition, that require the execution and recording of a Unity of Title and provided there is no further reason to maintain this Unity of Title on the public records in order to comply with the City's Land Developmcnt Code. 5. Term. This Unity of Title is to run with the land and is binding on all persons claiming an interest in the Property for a period of thirty (30) years from the date that this Unity of Title is recorded and after which time its term will be extended automatically for successive periods often (10) years each, unless it is released. The City has the right 10 re-record this Unity of Title from time to time, at the City~s own expense, in the City's sole discretion. 6. Enforcement. The City, in its sole discretion, may take action against any person who violates. or attempts to violate, any of the terms of this document and the City has the right to injunctive relief for specific performance, in addition to any other remedies available at law, in equity or both. 7. Authorization for the City to Withhold Permits and Inspections. In the event the terms ofthis Unity of Title are not being complied with, in addition to any other remedies availab1e. the City is authorized to withhold the issuance of any further permits and refuse to make any inspections or grant any approva1s, until such time as the Property is in compliance with this Unity of Title. Page 2 of 3 62 CFN: 20210607096 BOOK 32686 PAGE 4762 8. Election of Remedies. All rights, remedies and privileges granted herein are cumulative and the exercise of anyone or more may never constitute an election of remedies, nor may it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 9. Severability. If any section, clause, sentence, or phrase of this Unity of Title is for any reason held invalid or unconstitutional by a court of competent jurisdiction: the holding wiJ] not affect the validity of the ren1aining portions of this document. Page 3 of3 63 CFN: 20210607096 BOOK 32686 PAGE 4763 Signed, witnessed, executed and acknowledged this 3", c:l day of ~CC"'+- 2021. Witnesses: BY:~·~ I (Print Name;)Uk(14l M. M.tyi' pf) By: -ttJL; Q.(jl ~, (Print Name:) Sb', d+ 'j L, :S""",~ STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner: Mjami-Dade County. Florida C J (J:;:; ---6" By: ~~ ~2 Morris Copeland ~ .. ",. Chief Community Services Officer 1fJ(}(ltU~ ~~- I HEREBY CERTIFY that, on this day, before me by means of ~ physical presence or U online notarization, an officer duly authorized in the State of Florida and County aforesaid, to administer oaths and take acknowledgments, personally appeared Morris Copeland as Chief Community Services Officer of Miami-Dade County, F]orid~ who~ after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein exp~§sed, and who produced as identification. e-< \ ~ ~'V""~\N'\ e-l \ '1 ~"'o~. ---#,8 my h~d;;~d-offi~i;'seal in the County and State last aforesaid, this3"!ay of . , 2021., . '~ , My Commission Expires: MIAMI 8469032.3 797011300599 64 PB-21-019: Waiver of Plat Analysis 5961 SW 68 Street Address 5940 SW 68 Street 5928 SW 68 Street 5920 SW 68 Street 5876 SW 68 Street 6811 SW 68 Street 6845 SW 59 Place 5927 SW 70 Street 6001 SW 70 Street 5961 SW 68 Street 5949 SW 68 Street Zoning District TODD MU-5 TODD MU-5 TODD MU-5 TODD MU-S TODD MU-5 TODD MU-5 TODD MU-5 TODD MU-5 TODD MU-5 TODD MU-5 Median Lot Size (S.F.): 16,300.0 Median Frontange (Ft.): 135.000 Lot Size (S.F.) Frontage (Ft.) 6,883.0 120.000 7,300.0 50.000 14,600.0 100.000 36,500.0 245.000 18,000.0 150.000 8,896.0 61,740.0 122,403.0 272.580 Unable to Locate lot Frontage Unable to Locate Lot Frontage Subject Properties Subject Properties • lot Size & Frontage Data derived from Miami-Dade Property Appraiser, South Miami Florida Official Atlas, & Available Surveys 65 rdr mia mi I public hearing not ifi ca li o n se rvices certified lisls o f properly owners within a specific radius + radius mops + mailing labels + maHouls + notice o f pLbfic hearing site pos ti ng rdrmiami.com I diana@rdrmiami.com I 305.498.16 14 September 28, 2021 City of South Miami Planning & Zoning 6130 Sunset Dri ve South Miam i, FL 33 143 Re: Property owners within 500 feet of: SUBJECT: 5941 SW 68 St reet, South Miami, FL 33 143 FOLIO NUMBER: 09-4025-063-0020 LEGAL DESCR IPTI ON : 2554 403 .33 AC PB 102-19 UNIVERSITY GDNS SUB NO 3 TR AC T '0' SUBJECT: 594 9 SW 68 Street, South Miami , FL 33143 FOLIO NUMBER: 09-4025-0 63 -0010 LEGAL DESCRIPTION: 2554403.26 AC PB 102-19 UNIVERSITY GDNS SUB NO 3 TR ACT 'C ' This is to certify that the attached ownership li st, map and mailing labels are a comp lete and accurate representation of the real estate property and property owners with in 500 feet radius of the external boundaries of the subject property listed above , including the subject property. This reflec ts the most curre nt records on file in the Miam i-Da de County Property Ap praisers' Office . Sincerely , ~~ Diana B. Rio Total number of property owners wit ho ut repeti tion: 402, i ncluding 2 international (123 of these 402 property owners are considered Abutting; therefore, they will be m aile d the notice via Ce rtified Mail) Rio Development Resources, LLC ("RDR~) has used its best efforls in collecting the information published in th is repo rt snd the findings con fained in the repo rl 8'8 besed so/ely and exclusively on in fo rmation provided by you and informa tion gathe red 'rom public records and that local government . By acceptance of this report, you agree 10 hold RDR harmless and indemnify RDR from any and all losses, damages , liabilities Bnd expenses which can be cleimed against RDR caused by or related to this report . 66 rdr miami I public hearing notification serv ices cer tified li sls of properly owners within a specific radius + radius mops'" moiling lobe ls + maHouts + notice of p ublic hearing sit e pos ting rdrmiami.c om I d iana@rdrmia m i.com I 305.498.16 14 500' RADIUS MAP SUBJECT: 5941 SW 68 Street , South Miami , FL 33 14 3 FOLIO NUMBER : 09-4025-063-0020 LEGAL DESCRIPTION : 2554403.33 AC PB 102 -19 UN IV ERSIT Y GDNS S UB NO 3 TR AC T 'D ' SUBJECT: 5949 SW 68 Street , S ou th Miami , FL 33 143 FOLIO NUMBER : 09-4025-063 -0010 LEGAL DESCRIPTION : 2554403.26 AC PB 102-19 UNIV ERS IT Y GDN S SU B NO 3 T RACT 'C' Abu tting or co ntiguous prop erty owners , inclu ding those across the street 67 rdr miami I pub li c hearing n otifi c atio n services certified lists of properly owners within a specific radius + radius mcps + meting labels + mo'routs + notice of public hearing site posting rd rm iami.com I diana@rdrm iami.com I 305.498.1614 November 9,2021 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 Re: Property owners within 500 feet of: SUBJECT: 5941 SW 68 Street, South Miami , FL 33143 FOLIO NUMBER: 09-4025-063-0020 LEGAL DESCRIPTION : 2554403.33 A C PB 102-19 UNIVERSITY GDNS SUB NO 3 TRACT 'D' SUBJECT: 5949 SW 68 Street , South Miami, FL 33143 FOLIO NUMBER: 09-4025-063-0010 LEGAL DESCRIPTION : 2554403.26 AC PB 102-19 UNIVERSITY GDNS SUB NO 3 TR AC T 'C' I hereby certify that the attached notice was sent to all the property owners within 500' radius from the subject property (ies) on 11 /9/2021. 123 abutting property owners recei ved the notice via Certified Mail, receipts attached. Total number of property owners without repetition: 402, including 2 internationa l 2:t~ Diana B . Rio State of: .:f:::t.u-,;. b County of: ;::::e;-o-f'=0 -I~~ ~;! ::: an officer duly authorized to take acknowledgmen ts, on this j-r'l day of ~ a-v d1, personally appeared );;ZlGo<i t2 1;-' who is 'pe sonally know to me or w ho has produced as identification and who did take or did no t take an oath, w ho ex ecuted the foregoing, and executed the same freely and vo luntarily for th e pu rposes therein expressed. Notary Public ~ f'-. . , Da ted this 1 day of ~-(-,--..::)v...:....::,r-,I,- Commission Expires : I J--/ .\-.9-d .~ '? ~~~~~ Co~:,~IG~~791 Seal lC: ,.-C...w... Dec. 15 2023 \t~" _~~,J ~TI.u Aa ron Notary Rio Development Resources, LLC ("RDR") has used its best efforts in collecting the information published in this reporl and the fi ndings con tained in the report are based so/ely Bnd exclusively on infonna tion provided by you and in forma tion ga the red (rom public records and that local government. By acceptance of this report , Y0tl agree to hold RDR harmless and indemnify RDR (rom any and all/osses, damages, liabilities and expenses which can be claimed against F?OR caused by or related to this report 68 VIA CERTIFIED MAJUUSpS CONTIGUOUS PROPERTY OWNERS NEIGHBORS WITHIN 500 FEET RADIUS 13ilzin Sllmberg November 4, 2021 Javier F. Avina 305-350-7202 305-351-2275 javino@bflzin.com RE: Notification of Application for Re-Plat (the "Application") Located at 5941-5949 SW 68th Street, South Miami, FL ("Property") Dear Neighbor: We write to you on behalf of Residences at SoMi Parc, LLC, the developer of the property (the "Applicant") located at 5941-5949 SW 68 Street in the City of South Miami. The Applicant has requested that the City process a Re-Plat for the proposed mixed-income and mixed-use affordablelworkforce housing project known as Residences at SoMi Parc and the Gallery at SoMi Parco This notification is being sent to you pursuant to the notice requirements in Section 20-5.5(8)(2) of the City of South Miami Land Development Code. Pursuant to Section 20-8.9 of the Land Development Code, any site that is more than 40,000 square feet in size or any development over four stories in height is considered a "Large-Scale Development", which requires a Special Exception approved by the Planning Board and the City Commission. 80th the Planning Board and City Commission unanimously approved the Project on July 13th and August 3rd respectively with the full support and recommendation of City staff. The Property was platted in 1975 with a series of utility easements surrounding the street frontages and additional utility easements located in various sections. In order to best facilitate the approved project it is necessary to vacate these easements, most of which are unused. New easements will be provided after collaboration with the utility companies in order to properly service the Project's needs. The balance of the platted tracts will remain unchanged, all as deposited in the proposed tentative plat submitted with the application. More detailed plans of the Proposed Development have been submitted to the City and are available for review. Should you have any questions or concerns, please contact us at (305) 350-7202. Regards, lsI Javier F. Avina Javier F. Avitio, Esq. 69 \ , CITY OF SOUTH M I AMI, FLORID A NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANN ING BOARD In o rder to ba lance the need for th e City of South M ia mi to func ti on and conduc t vital busi ness during the COV I D 19 pandemic and, at the same time, to protec t the hea lth , safe ty and welfare of its citizens, officers, officia ls and administrative staff, and pursuant City of South 1iami Code, Chapter 286.0 II, Fla. Stat, and the City's H o me Rule Powers, the City will be holding it s P lanning Boa rd Meeting li ve in chambcrs and V IRTVALL Y thro ugh commun icat io ns media tec hn o logy (CMT) until soc ial d is tancing is no longer required by any re levant Execu ti ve Orders . The meeting is scheduled to begin on Tuesday, December 1-'. 2021 at 7 :00 p.m. to consider th e following pub li c he arin g item s : 1. PB-21-01 9 Applicant: Res idences at Somi Parc, LL C A Resol ution re latin g to a Tentative P la t application to a llo w a rep lat of a 6.6 -acrc property lo cated a t 596 1 SW 68 Stre et a nd as legally de sc rib ed herein. sw 66TH sT s w 60TH UR S'N 67TH ST ,-t' --J I I , • .----.;;.'.-I • "i f~ 'J> ~ If .. <C-.. S Ol .,pT Ii 51 All Board members as well as C it y s taff w i Ii pa rt ic ipate by v ideo confe re ncing at City Hal l or HI remote locat io ns th ro u g h th e Zoom pla tform , and membe rs of the publ ic may join th e me eti ng via eithe r Zoom at (hilI's: Z","ll.lIs I .~'I" ' •. .Il.-.•.. ). by phone by call in g +1-786-635-1 003 and entering Meeting 10: 3056636338 when prompted, or in person in the Commi ss ion Chambers . a nd where their appea rance will be broadcast on th e Zoom platform. and where they can participate. IfYOll de s ire to present evidence, atte nd in Commi s sio n Chambers or you are unable to w;e Zoom, 70 there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting aJ?d limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http: '\\\\\\'.:.>oLlthmiami fl.!!o\)S80/PubJic-Meetin£!s-Noticcs. Anyone who wishes to review the pending application and supporting documentation in person must make an appointment by calling 305-663-6327 or 305-663-6331. Note that pursuant to Florida Statutes 286.0 I 05, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at itc; meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days (not counting the day of the meeting) before the meeting deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442- 1600 (ITYffDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. 71 MIAMI DAILY BUSINESS REVIEW Pub:ishe d Dail y c .cep! Saturday. Sunday and Legal Holidays M iami, M'ami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before th e undersigned authority personally appeared GUILLERMO GARCIA, who on oath says thai he or she is the DIRECTOR OF OPERATIONS , legal Notices of the Miami Dalty Bu siness Review f/k/a M iam i Review, a daily (exce pt Saturday, Sunday and legal Holidays) newspaper, published at Miami in fl,lami·Oade County, Florida; that the attached copy of advertisement, being a l egal Advertisement of Notice i n the mallor of CITY OF SOUTH MIAMI· VIRTUAL MEETING OF THE PLANNING BOAR D · DEC. 14 , 2021 in the XXXX Court. was publi shed in said newspape r i n the issues of 12/0312021 Affiant further s ays that tne sa id Miam i Daily Business Review is a ne wspape r published at Miami, In sa id Miami -Dade County, Florida and tha t th e sa id newspaper has heretofore been continuously publish ed in sa id Miami-Dade County, Florida each day (except Saturda y, Sunday and l egal Holidays) and CITY OF SOUTH MIAMI , FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANNING BOARD In Otder 10 balanCe the need for-the City of South Miami to function and conduct vrtal business during the COViO 19 pandemlc and. at the same time. to p!'otect the health, safety and welfare of Its citizens, officefs. offICials and adminIstrative staff. and pursuant City of SOuth Miami Code, Chapter 286.011. Aa. Stat, and the CIIy'& Hom. Rulo POw .... tho City w11l be holding 11& Planning Board MeiltiI)g , .. In chambels and VlRTUALLV tJuough oonvnunlcalloos media technology lCMll unt , social dlstllJ1Clng is no longer requ ired by any relevant Executive Orders. Th e meeting Is scheduled to begin on TuesdaY. Ooeember' 14. 2021 at 7:00 p.m. to consider the following publIC hoariog items: has b ee n entered as second class mail maUer at the posl office In Mi ami in sa id Mia mi-Dade Counl y, FIOI'ida, for a period 1, of one yea r next prece ding th e first publication of the attached copy 0 1 adve:tis ement; and affiant further says Ihal he or she P8-21-019 Applicant: Reskkmces at Soml Pare. LLC A Resolution relating to a Tentative Plat application to allow a replal of a 6,6-acre property located at 5961 SW 68 Street and as legally d escribed herein. has ne ither pa id nor promised any person, fi rm or co rp ora tion any disco unt, robat e, commission or refund for Ihe purpose of securing IMis advertisement for publication in the said newspapor. 2. P8-21-<l2O Appllcsnt Th e City of South Miami A Rasolution relating to a Tentative Plat appl icati on to allow a replat of the Marshal l Williamson property Identi fied O!i: foUo num bers 09-4025-000-0850, 09-4025-065-0090 , and 09-4025- _2 whicl1 is gen""~ located south of SW 64111 TentICO and approximately between SW 60th Avenue and SW 61st Court/aka SrN 61st Drive Court and as legallY desaibed herein. 3. P8-21.()21 Applk:ant Pinev'iew Preschools Sunset A Resolution ~Rtl ng to 8 Special Use applicati on to permit a Child Care FacUlty (7 or more children) at 6301 Sunse t Driv e. 72 AI! Board members as wei! as City staff win participate by video conferencing at City Han or at remote !ocations ttv'ough the Zoom platform, and members of the public may join the meeting vla either Zoom at (hUps:l/zoom. usf!l305663633m, by phone by calling +1-7as.635-1003 and entering Meeting 10: 3056636338 when prompted, or in person In the Commlssfon Chambers, and whero their appearance will be broadcast on the Zoom platfonn, and where they can participate. If you desire to present evidence. attend in Commission Chambers or you are unable to use Zoom, there ate procedures to follow and other options available Including a dedicated pj10ne line to listen and particlpate in the meeting and limned public attendance, all of which Is sot forth in the meeting notice posted at City Hall and ilt http://www. southmiamifl.govI5801Publlc·Maetings-Notic8S. Anyone who wistles to review the pet1dlng ilppllcation and supporting documentation in person must make an appointment by calling 305-663-6327 or 305-663-6331 . Note that pursuant to Aorlde Statutes 286.0105, a person who deckfes to appeal any decision made by a Board, Agency or CommIssion with respect to any mattltr considered at lis meeting ()( hearing, a record of the proc&edJngs will be required for said appeal and such person will be requ ired to have a verbatim transcJfpt of the proceedings including the testimony and evidence upon which the appeaJ Is to be based ADA: To request a modifICation to il porIC)'. practice Of procedure or to request an auxiliary aide Of service m order 10 pa.rtlclpata In a CIty program, activity or event. you must on Of before 4:00 p.m. 3 business days (not counting the day of the meeting) before the meeting deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600 (TTYrroO) or by mall at 6130 Sunset Dnve. South Miami, Florida or email al npayneOsouthmiamHl.gov . ,213 2'-so/OOOO566'OOM 73 CITY OF SOU T H MIAMI PLANNING BOARD Regu l ar Meeting Minutes Excerpt Tuesday, Dece mber 14, 2021 CITY COMM ISSION CHAMBERS 07 :00 P.M. The City of South Miami Code of Ordinances, Section BA-5, requires that aI/lobbyists, as defined in tha t section, must register with the City Clerk be/ore engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an addit ional $100 for each additional issue. This applies to all persons who Ofe retained with or without co mpensation to influence any action, decisio n, recommendation of someone with the city, including the ci t y manager, city attorn ey, department heads, city personnel, or members of t he city commission or members oj any city board, concerning a matter that could JoreseeabJy be address by the city commission or a city board. The re ore some excep tions and exemptions. The following are not considered to be lo bbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical inform ation at public meetings, repres e ntatives of a neighborhood association without compens ation ond representatives of a no t-far -profit community ba sed organization fo r the purpose of re questing a grant who seek to influence withou t specia l compensation. Ind i vi dua l s who w i sh to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I. Call to Order Ac tion: Mr. Mi l ler ca lled the meeting to o rder at 7:00 P.M. Mr. Pepe provide d the Board and public wit h th e ru les for t he meeting. II. Roll Call Board Members Present Constituti ng a Quorum: Ms. Li sa Bonich (Chairperson), Mr. Jay Mil ler (Vice- Chairperson), Mr. Orland o Borge s, Mr. Lee Jaco bs, Mr. Subrata Basu, Mrs. Michelle Readon, and Ms. Gu irla H. Dodard . Board Members Absent: None. City Staff Present: M s. Jane To mp kin s (Pla nnin g Director), and Mr. Marcus Lightfoot (S eni or Planner/Zoning Admini strator). City Staff Absent: None. City Attorney: Mr. Thom as Pepe. III. Administrative Matters None at this Ti me 1 74 IV. Public Hearings: 1. PB-21-019 Applicant: Residences at Somi Parc, LLC A Resolution relating to a Tentative Plat application to allow a replat of a 6.6-acre property located at 5961 SW 68 Street and as legally described herein. Applicant: Residences at SoMi Parc, LLC, represented by Javier Avino, Esq. (Attorney) Ms. Bonich read PB-21-019 into the record. Mr. Lightfoot presented the item to the Board. Mr. Borges asked if the large-scale development application was already reviewed by the City Commission, to which Mr. Lightfoot stated yes. It was reviewed and approved by the City Commission in August 2021. Mr. Borges asked what the intent of the application' was. Mr. Lightfoot explained that the application before them was a tentative plat application that was needed to remove certain easements from the property. Mr. Borges then asked if the property would remain the same property, to which Mr. Lightfoot stated yes. Mr. Borges then asked if this application was a technicality, to which Mr. Lightfoot stated yes. Mr. Borges asked if the staff recommended approval of the item, to which Mr. Lightfoot stated yes. Ms. Bonich stated that the resolution was missing language pertaining to the negotiation of new easements for the project. Mr. Lightfoot responded that because it is still a draft, the resolution can be revised to address these and any other concerns that should arise. Mr. Borges asked if the easements contained any trees that would be removed and relocated. Mr. Lightfoot responded that the applicant is proposing to remove trees on the property that included specimen sized trees. Mr. Pepe asked City Staff if the City Commission already approved the removal of the trees on the site, to which Mr. Lightfoot stated yes. The applicant will need to submit a tree removal permit application to the City, but the City Commission already reviewed the landscape plan as a part of the large-scale development application. Ms. Bonich stated that the item before them was essentially a housekeeping item. Mr. Pepe then added that this item would not change the site plan approval for the large-scale development. Those approvals will remain the same. Mr. Miller asked if the item before them is to approve the easements being vacated, or to recommend the whole item forward to the City Commission with staff's conditions. Mr. Avino presented the request to the Board and explained what needed to be approved. 2 75 Mr. Pepe swore in all City Staff and the applicant representatives who testified on the item. Mr. Jacobs asked if the City Commission approved the removal of the trees on the site. Mr. lightfoot responded that the City Commission reviewed and approved the overall site plan for the site. The proposed tree removals would still need to be reviewed by the City's contracted arborist via the tree removal permit process. Mr. Jacobs then inquired about the draft ordinance that was scheduled for second reading on December 21, 2021 by the City Commission. Mr. Lightfoot explained that the draft ordinance was a part of Planning Board Item PB-21-018 which was reviewed by the Board at its November 9, 2021 meeting. Mr. Pepe stated that the issue with the trees never came up before because there was never a provision generally that required that they trees be preserved. The City's Subdivision Ordinance, Section 20-4.2 of the Land Development Code (LDC), provides the regulations for tree preservation so that the trees on large lots th~t are to be subdivided are protected. It prevents the clearing of those lots once they are subdivided which is not what is happening with this project. The Chairperson opened the floor to public comments on both PB-21-019 • • None The Chairperson closed the floor to public comments on both PB-21-019. With no further discussion, the Board made a motion on the item. Motion: Mr. Borges moved to approve PB-21-019 as presented with Staff's conditions. The motion was seconded by Mrs. Readon. Vote: Yes 7. No 0 (None) Mr. Miller: Yes Ms. Bonich: Yes Ms. Dodard: Yes Mr. Borges: Yes Mr. Basu: Yes Mr. Jacobs: Yes Mrs. Readon: Yes The motion to approve PB-21-019 was unanimously approved by the Board. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section 3 76 Mr. Miller asked if the Board wanted to talk in the future about Auxiliary Dwelling Units (ADU) as something that the City could consider, is that something that the Board could have a conversation about and ask someone that is knowledgeable on the subject to give a presentation to the Board. Mr. Borges asked what an ADU was, to which Mr. Miller stated that it was another name for mother- in-law quarters or efficiencies. The Board then held a brief discussion on the topic. Mr. Pepe stated that you would need to speak with the Planning Department staff about listing it on the agenda so that the Board could discuss it. A way to make it productive would be to have someone give a presentation on the topic and had some material that was distributed to the Board members beforehand. Mr. Miller stated that he will work on getting the topic scheduled for discussion on a future agenda in 2022 The Chairperson closed the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of November 9, 2021: Motion: Mr. Miler moved to approve the meeting minutes as presented. The motion was seconded by Ms. Dodard. Vote: Yes 6. No 0 (None). Abstained (Bonich) Mr. Miller: Yes Ms. Bonich: Abstained Ms. Dodard: Yes Mr. Borges: Yes Mr. Basu: Yes Mr. Jacobs: Yes Mrs. Readon: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: January 11, 2022 VIII. Adjournment The meeting was adjourned at 8:16 P.M. 4 77 S'i.Y ~~Z 1;- ~Z:O I ~!! ::>~U) I aO_ I !I.I. U)~> 1'1, j;;, , <-~~~r _ I' ,,0 ~ .• : i jl! ~t!i m ; '" , ~ t·--::> I' ~U) < II] :; Ilh u! I Utl i!~ ~., u" ~i~ 11 , , :' • 1'111;;. _~<o ~~: \ I I 'I "It-I (I h=l z . «fr ,·f, '" 0 i . 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"'., "" ....... or~". .... -- ''''~-'''''--'''''''''''­....... -~-.---­................. _ ...... -_ ........ -.. - PLANTING NOTES SPECIFICATIONS • AND DETAILS LA-504 «:' u ; ~~III ! ::" 4"§~ f -: Ai I U , ...... ~ :: 'J f ! j , .' , , .. •• ~ ~ ~ ~ ! i ~ , ' jj l! l . I p ~ ! I' J' , r ; t ~ n 1; ~ , , • • ~ : ~ n , ~ t ~ ~ ~ • ~i1 f ~ i n~ " n n , ~ ! i ~ ~ ! -~. ~ ! . i ; § ~ Ld V To< " ; •• , I .. " " . i ~ ~ t ~! " • ... :;:! ,! r , I ! ~+~~_i-__ Illl .. h, ~ !'Il' < • ! i ,p.1 w • t. > ~~ r1:j 0 ; , l: ii:l i I<J U 10'$ "-I V) i . i z · • :'i ~ a. l UJ ' >-Vi -" -' Ci UJ 6 , ~ « , , I 11 U if' -¥ ~I ! l . ~ : • I' ! ~ V ; , i , - 11 > ~~It f ~ , ! I ~ ~ -, ! ". li ~ , , u : nb~ ___ .Jj ___ l:L , .. ,,,",,, • I j. , " , • IfI, '1, ~I' Ii I,ll' " , i 'I"! ... j! r'!' 1 i l!!l i ~ ~ ;) , • w zu 5" "i a~ a. w" Ul "~ "~ -! -' • w () I '" "'. a. 0- Ul ~. z 5 a. ~~ v; -$ • ~I , - i D\fld H i es M S h '. " "" . .. • ;! , 1;-, J. t , 'I !lilt liT ~i ;Wr i ~ I. ~ i ! 'IH! ~', '" ... ,l " '1 ... ~ J. 3J 'IIld H16S MS .• 1< ~ , , B " g 0 ~ ~§ ~ • s • " 0 ~ ~ , § " ~ , ~ 3 ., 3:! • M d.. i'" i -j ..J ' • w ; u . '" I "'. Q. I- <J) "'. w z 5 Q. W 1-, Ul • o§ 3 ~~~~i"'~'" §S~ic~!~ 0 ~. ~~ • §~ s 0 § 0 8 , • IS"~ FROM PAGE 4SE CONDOS tenancc came into sharp re lief after the tcrrifying coll apse of the Cham plai n Towers in Surfs ide , which took 98 lives. The di saster caused a maj o r ri])pl c effect of conc e rn a mong resid ences of ot h e r o ld er bu ildi ngs .. long Ihe Gold Coast. "Th e C hampl .. 1n Tow- ers incid e nt rC:I lI y. really is pushing this trend," said Josep h He rn andez, part- ner and cha ir of t he real estate practice group ;1( the Weiss Sc rota Helfman Co le & Uicrman law firm ill Co ral Gables. "The trend 's been goi ng for some time," he said. "I've been doing these transaction s for 10 years. The trend re a ll y started because we're gettin g into the period wh e re condos devcloped in the '70s or '80s arc becomin g f Ullc- t i o n a ll ~' obsole te." "Now IX'O I)lc arc much more in lunc to the iss ue," Hernand ez sa id. "The},'re focu sed 0 11 trying 10 b,md together a nd se ll t h c ir property in a wa}' the)' weren't be fo re." He .. d d ed t h at h e's seen "probably .. two-to t hree- fo ld interest in t h ese tran sac ti o n s in th e pas t year sin ce C h .. mpla in Towers." "Normally I work on a coup lc of th cse transactions " each ycar, h e sa id . "I'm working on seven o r ei gh t major trans- actions r ig ht now ." PRIME PRICES FOR PRIME PROPERTIES St ill , it's bonom-li n c economics tha t deci d es whethe r a d eal will m ateri- .. Ji zc, asse rt e d Yetming of Co lli ers. "The o nl y time this ma kes se nse is when t he va lu e of the u nd e rt~'in g hmd is sig nifi ca ntl y m o re N{lGIlBORS I than what th e collectivc units a rc curre ntly selli ng fo r," Yetming s.1 id. "Wh y else would somebod)' want to se ll thci r I)ro l>c ny unless tiley ca n make a significa n t profit?" Ac ri a l p hoto shows th e C.1s tlc Be ac h co nd omin ium on Co ll in s A\'enue in Mi a - m i Beach. Built in 1966, the 17-n oor bui lding h as be- cOllie the ta rget of un i- d e ntified suit ors who want to buy it, according to Col- li e rs , a re,11 es tat e serv ic es fi n n whic h h:IS bee n re - tai ned to vet sevcral unso- licilC d offers. (Co lli ers .. nd ACI -I Digita l l'hotogm phy/ Courtesy) Jamie Stu'l::is , fou nd er and CEO of Nat ivc Rcalty Co. in Fo rt Laudcrd ale, s,lid "all -tim e reco rd s" arc bei ng paid for multi·fa mily buildings as new re sidents arrive in Sout h Florida from out-of-town and ou t-of· count !)'. "I would 5;1)' the va st majority of th e sites being 1,Irgeted are on the beach , in lig ht of what happe n ed in Su rfside," he sai d . Many OWl1 e rs arc snow- bi rd s who see thi s as "an opport un e tim e ... 10 cash Ollt at the top of th e m .. rke t and avoid h av ing to pay the se specia l assessments" for heavy re pair projects in oldc r bu ild in gs. Nick Perez, a vice pre si- dent at The RcJaled Group, sa id lite Be ac h Vill a owners in Pompano so ld a ft e r realizing t hey could doub le or eve n trip le their money agai ns t the ir o ri gin al pur- chase prices. "Ult imately it was th e price the y we re getti ng for t hei r u nits," Pe rez said . "I wou ld say l lt ey were get- tin g we ll above th eiT m a r· ket price for their units. No one ha s to sell. Luc kily , I wa s th e o nl y o ne tl)'in g 10 :lC{luire al1 o f th e units and I didn 't ha ve a bidd in g wa r." I-Ie s<l id he met wit h 26 or 27 of th e 4 6 ow ne rs. "The re was a li llIe bit o f hand ho lding," Perez said. "Th ey didn 't want to leave the beach." Some wo nde red wh ere they would li\'e next. Relat- ed is a l1 0win g thc sel1 ers to stay through th e cnd of winte r season . "The ultimate deciding fa clO r wa s if th ey were 10 se l1 to ,mother e nd user vcrsus the offer I wa s pro- posin g, they would h ave gotten:l substantially le ss amo unt of m o ney," he said. Pe rez did not prov ide any s,1 les fi gures. But sa les d ata unearthed by Zillow, the national onlin e real estate resea rc h and invc stment finn , fou nd some owners rcreived up to 5800,000 fo r their 30 2-squa re-foot,onc-bath , o ne-bedroom unit s wit h mark et values just below 5200,000. It 's not hard to u nd er- sta nd the attra ct ion for Rclat cd. The 3.07-acre complex of one-and two- story buildings is located right on lhe beOlC It between the At lant ic Ocean and State Road AlA. The prop- e rt y offers sign ificant green sp:lce ,md a com mun ity pool in the back. In its place: Rel ated is p lan ning a 2!-stol)', mixed- usc luxu l)' condominium towcr with 119 co nd o un it s and ap proxim ate !}' 2,200 square feet of commercial space, ,lcco rdin g to a fil ing will! the C ity of Pom pano Beach. A s hon distance to the nort h , I{elated is building a nother luxul)' hig h -rise ca l1 ed the Solemar, which the company says is 99% sold . T he swift sellout, the comp,lI1 Y says , is ,111 exam- ple of th e whil e h ot de- mand for bcach front Prol)- e rt y. "The re a rc rea ll y no ln1C vac:mt lOIS that a re ril>C for development loc:L\e d right on th e s,1 nd ," Perez sa id. .Fony-ye'lr-old lo w-r ise s are tlte n ex t best thing. SUNDAY DECEMBU Z6 2021 ~ CITY OF SOUTH MIAMI , FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In o,t;k, 10 b.1LIIQ 1I'e need 101 !fit CiI;y of Sou!n MlImllIII f\nc.don ;nJ t;OIIdur.lw.l1IuIinm dt,.rinq I/Ir COWl 19 ~ lOCI. ~ tI'Ie u".. tknt. IIII11DIt!C I 1l'II1'Ie~ 5a1ety ,rill wt~",e 01 Ib d1IIr:r4. ot:itotf1. oUkhI:! UId ~~mftsa~!M ".lll. <II'd IMI"""I CII y 01 So\jllt MIAmI COOlie. o..~!a' 286.011. FII. Slll~ Iht CoW. Ho:ne ~ PcwCJ1, n CiIy ~s lIed.I .. don of • IU!! of etneIl/ttItY"''''' IJ !he Coot;NVWs. !he Citt"'bI~l\scty~Ueri"IIIt.e"'<N.'l\betsilnl~TI.IAl.lyevQUljll~IIIC'd.>IKIInrlIIIO'IICl.Il l _me W2 DI emttl)eftCY flU mkCIlII SGdII IiItIIU>i:I Ii no ~ ftII'*t<Itry a",. IdMIt £.mu:M OII1e1L AI ~ mem/tctI .. ~,~te .. ~mbtrs or try ¥IcIeCI (.OIIlerudnQ 1I"II0\IQ!l!he 1-. Dhlbrm ud metn:lm GI llie ""* ngy join !hi mtt!inQ 14.1 loom ~I !hnp dlrrwn u'!!QDsfiIiJljJUI ~rIII ~q.lt. AI ~ mrn.m. ~11e;\SIIhr.e frltmtltll III the Chy CommiltlDn .... be ~!tt$Ie.I1tt ~r~I."1 .., Ihe tily Corrv",u.," CI\orntIerJ' UId they will be brll.1dC.1.l1 on1he loom pLltlGrm aIo"O willI ~. oll'ler mern!ltrl ol lllll Co n\ll'lbslcu\ City s\;In and II'Ie ~ubIie .... M IlU\' ~r.trld I~mo:et,t Irtm II'Ie ~Ch:lrnllul and !ram oll'ler b:lo:J!rls. lholl"ftqlltdlelU!dlo • ..,lpt!n ,bo'nn. IIll .,I"". 1DtmSkle<1tIe~",*IIur~",""I~ ARe~iIHhori:tngIhe Clt'!"'~lIltnltllnlO l "",tI·/uri1Qreerrcnlwi:hHi1Qerly ~lr1t.IaIOI$dlttoCMlRetoIervSctYlccs. A R..!!D IYIt:)n I,lllino ID a IfrII ~1MI Pbl ~~Dblm tr> ..... a re pb l 01 a Skrt PI"tI(IeIly 1oGa:td a1 5 ~61 '!NI 68 SIt!!!1 and '" 1!~1y dewl:lecl ..... "- "Re5Ctdon rril:irQ III I If~ I'\lt ~ 1D ... 1!IIIat of Ite M¥iNI \Wbmson 1>"",,",1, 1rItfI:i'Ie:I.! I~"_, ~s.uJ0.0t5GG~n~5'lIfietIli~IDu."'''''''''ofSN5'-I''''XlIn_cp~ Dt:-SW &0" A_ iInI SW 61' COurtl ...... SW 61' DIM! COurI MIlS ~ dt:wIxd lie<*'. A Re5olI.rIi)n r!b5ng tr> I SllKbl1lse I DpblbllO pertM a eta! Care racily 11 or rnon tI\I1ftfIl II ~I SUM!! O~ ~.,.,.Iie!ft 1III111ftCf11 MIera or.,.,.~re IAItIII: 10 us. loom. IIle<I ~ ~ IG"*"" andOlhlo OIlrbns ~~. <Ini:.lltrt ;/wQ"IOIb.Ieoo;nJl'lr.:'''II>tIlWlinr:l.tl'lllhl!red~,-,~ol""*,,ls~uth''lI>tlnl!l:th;jtC:b:lOSM~CilyIbi iII'd~N.,.ltew\!!!l!Y!jwrtJnusn;N*-Y!·InIt!t'jrn.Anf/ft_~IDrM:w~~_,",~ 1II_dr!snlDhNI~""'~IoI~D'/~ori"QlI'Ie ... ~ .. '=.:xI:hrQrytb\I!y~~. "*e-"'_.'_5 _11oU~._""''''''''u--,,,,,,,,,Jobt ....... .,.Ibr.l~ .. ~''''''''''''',,,,,,,,,,,,,,,,,,,,, .b-*,-.. ,.,~ • ..ooIt""'''''''''''''te_", .. _ .... adt_'''"~"~""~~"",,,,,,,,,,,,,,,,,,, -. ..... ~ .......... _rifl ... >C"~ .. ~btc~ .\DI, "It_._ .. ,...., ....... "-UO ... __ ..,.....,._ .. ..,.,... .. _.~ .. P.&ty .......... ><-. ........ "" .... " .... _ • .lII .... l_,..,._ .. ....".(NI~ ...... "' .. ~ ..... __ .. ""u,DIo\ ... ~......,m4t6J.UIO,,_ .illllS-_.S--.' .............. II_~. ,,,_" ........ _ ........ , .. _ ... ~.~, ......... I!I6LO'r.l ............... <1"'..-.. ...... _ .... ''''' ..... """"'--".-....... ~, ... --"' ............... -""....,. ........ '",. .......... -,,-... -.. . g VILLAGE OF PINEC RES T Pu bli c N o tic e NOncE IS HEREB Y GIVEN rho l !he Loca l PIo rlmng Agcr.cy (lPA) WIG hold a pub lIC hoo nng 0 1 5 45 p.m. on Tue Wcry, Jo noory 11 , 2022 a t the P inocre ~t Mu nicipa l Center/Coord Chamber. 12645 Pioecre!t Parkway. Pinoc re$I, florida 10 consider the fol lowing pfOpo ~ oWi oo nco The V.1ogo Counc.1 win hold 0 publIC hooring, toruider recommendcrtioru of the lPA regordlllg lhe p-opow!d amendmenb , a nd con!.ider to~.ng odIon on the propa~ OIdrnonce 10 opprCM! !he a mendmen ts 01 Second Read ing at 6 00 p m on TUC!doy, Jonuo ry 11 , 2022 AN OI!OINAf\ICE Of THE Vl UAGf OF P1N EC~ES T , FLOR IDA. M\EN OING DIVt SION 5 .32. "VACATKlN RENTAlS: OF AR 1IClE 5, CHAPIER 30, "lAND DEVELOPMENT REGUtAIIQNS: RELAlN3 TO FRACOONA l OWN ERSHIP Of VACATION PROPERTIES; PROVIOING fOR SEVERAS IUTY; PROVIDING FOR CO N FOCTS; PROVl DtNG FOR CO OlFICA TON, AND PROVl DtNG FOR AN EfFECTJIIE DATE. ~ pork$"" ~ tt gppca' and be heard w,~ COtM>eI"IIl r<tUf toho be ~ to !too VIcge Courd VIll! __ pttIICmIlF'''-'elor rioo ,k eop.e. 01 Ti>e ptapo""; cmcnri_ . ...,;; repo<I. ptOIlO""; 0tUir.0nc:c. and ~ M:.Ied maI8rIoh O~ o-o'llblr: lor pubtc impeo:lOon Ibrg bu.ine.. hou.-. at V,1oge Hal, 12645 Pir1ecr~" Panwoy. PinocrMt, fbode 0.""""'1 'cgorting l1li1 _ ihoo ld be drrl'dCd to rhe I'1onnrng DwIlClc< at 30S 2 34 2 121 In O«Ofclo,.,.:. wtth rhe "'",,"ito", WI'" OrlOh ,I"'lt l Ac l 01 1990. oD pe .. on. who Orlt d,ooblrtd ond w!.o <>eeri '1""',01 OI;COfIlmodotton. to porlclpore In tI. .. meeting bec:o uloC 01 ,hoi d,wb<!rly .hou ld COf'1OC11he V,llage Cle,~ 01 305-23 4-2 I 21 ""I Ia~r rhon Ii'] bu,,,,,,,, cloy. prior to.uch proceed 'ng Sho.tlri "ny por IOn docrdo to roppeoI ony doc:",cm of !he V.a<>gc Coooc~ WIll. re!pI!Cl to m y _, to be .;or",Dcrcd nl 11m meerng. !!rot 1"''''''' .hol lnloUre t!.ot 0 "",boIim '...:o<d 01 the proceed''''J' " rroric ;n<:lcoriing oIt In"rmony OIld evodencc UpOn ""'ell any oppeoI may be bmed (F S 2rJ6 01051 www.pin ec rest-fl.go v Pmet"" lor r~., CMC Acling Vtlbge C lc,~ 97 MIAMI DAILY BUSINESS REVIEW Published Dally e).t:epl Salutc!ay Suoc1lty nne! Legal Holidays M .aml M lal'Tli-Oaoe COUlIy Flooda STATE OF FLORIDA COUNTY OF MIAMI·OADE: 8e10re the undersigned authorl!y pelsonllUy appeared GUILLERMO GARCIA, who on oa th says thai ho or She Is the OIRECTOR OF OPERAT IONS . Legal Notices of the Miami Da ily B us iness Review 11k/a Miami Review, a doily (except Saturday , Sunday and legal Holidays) newspaper , published a\ Miami in Miaml-Ca de Counly, Florida : that th o attaChed copy of advertisemenl. being a Legal Advertisement of Nol.ce i n the matter of CITY OF SOUTH MIAMI-PUBLIC HEARINGS -JAN 4,2022 In the XXXX Coun. was p ubhShed in saKI ne'NSpaper in the issues 01 1212312021 Affi ant further says that lhe said Miami Colty Busine" Review is a newspaper published at Miami , In said MiamI -Dade Counly , Florida and that the saId newspaper has herC lofore been con tinu ous ly published In sai d Mia mi -Dade County , Fl orida each day (except Saturday, Sunday and LogO I Holidays) and has bee n entered as second dass mail ma tt e. at the post office In Mia mi in sa id Miami-Dade Coun!y . Florida . lor a peri od of one year next preceding the first publicatron 01 the attached copy of advertIsement and affiant further says tha t he or she has neither paid nor promi sed any person. lirm or corporation GUILLERMO GAR CIA personally known \0 e .......... ,.... CHRISTINA LYNN RAVIX !i!'J;.~\ Commission # GG 2l7T11 ~.~~~lj ExpIcas NO\'amber 19, 2022 "'!:fo;'h~~'" 800dc!d Thlu Troy FUl L~ soo..3OS-1019 '""", pu rpose 01 the said CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South MiamI to function and co nduct vital business during the COViO 19 pandemic and, at the sam e time, to protect the health, safety and wetfaro of tts citizens, OffICerS, officials and administrative slaH, and pursuant City of South Miami Code, Chapter 266 .011, Fla . Stat, the City's Homo Rulo Powers , and City Manager's declaruU on of a state of emergency due 10 th e Coronavirus, the City will be hold ing Its City Commisskm Meeting livo In chambers and VIRTUAlLY through communlcaUons media technok)gy (CMT) unlll the state of emergency has ended Of social d'lStancing is no longer required by any reJevnnt Executive Orders. All Gommtsslon members will participate In Chambers or by vi deo co nferencing through the Zoom platform nod members of the pub lic may join the meeting via Zoom at (hUP.s:llzooro ,usIiI'J0566363381 and participate. At a minimum, at least three membets of the City Commlsslon will be phySically present in the eity Commlsskm Chambers t and they will be broadcast on the Zoom pIalfonn aJong with all olhet """"'" 01 the Conmssion. City Staff and the public who may attend remctety from the Commission Chambers and from other locations.. The meeting is scheduled to begin on Tuesday. January 4. 20:22 at 7:00 om.. to consJder the following public hearing item(s): A ResoiLStlon authorizing the City Manager 10 enler into a muJU-year agreement with Hagerty Consulting, Ille. for Disaster Cost Recovery Services. A Resolution relating to a Tentative Plat application to allow a replot of . 8 6.6-acre property located at 5961 SW 68 Street and as legally dascribed herein. A RosoluUon relating to a Ten tative Pial appllcaUon to alloW a rsplat of the Marshall Wi ll'mmson property Identified as 10&0 numbers 09-4025-<1()()..OS5O, 09-4025-065-0090. and 09-4025·000-0852 which Is gonerally located south of SW 64th Terrace and approximately between SW 60th Avenue and SW 61St CourVaka SW 61st Drive Court and as legally desaibed hereln. A Resolution relating to a SpeclaJ Usa app lication to ponnit a Child Cam Faci lity (7 or more children) at 6S01 Sunse I Drive. 98 !' ~ -.-'" , Ci+y of 50ufh /Vu'afJ1/ 11 you des1re to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in th e meeting and fiml1ed public attendance. aU of which ls set forth in the mootinq notice POSted at City Hall and at b..tjp:/twww.so!JJmmi.!l.gQyL5jJ~u6Iic-MA.eliJlQ.s-Notic~ .... Anyone who wishes to review pending appnca--uon:-sup~in9 documentation or who desire to have documents made-avallabia for viewing by everyone during the meeti ng mu st contact the City CIet1!; by catling 305-MS-6340. NOle that pursuant to Aoridn Statutes 286,0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered al its meeting or hearing, a record of the proceedings will be required for said appoal and such person will be required to have a verballm transcript of the proceedings including th e testimo ny and evidence upon which the appeal Is to be based. ADA: To request a moorficatlon to Ii poUcy, pmctice or procedure or to re- quest an aUXiliary aide or service in order to partlcfpate In a City program , activity or event. yoo must on or before 4:00 p.m. 3 buslness days before the meeting (not coonting the day of th e meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Driv e, South Miami, Aorida Of email al opayneOsouthmlamlfl.gov. lThe minimum stnndIDds for adopting a resolu tion Of enacting an ordinance are se l forth in 166.041(4) .•• A majOrily of th e members of the governing body shall constitute e quorum. An affnnalive vote of a majooty of a quorum presen1 is necessary to enact any ord inance or adopt any resolution. to. 12/23 Nkenga A. Payne, CMC, FCRM rt-/~ City CIeri< 21 -9O!OOOO569833M 99