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09-01-09 Item 2d
South Miami N America erg CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Thomas J. Vageline, Director Planning and Zoning Departmen Date: September 1, 2009 ITEM No. Subiect• A REPORT TO THE CITY MANAGER PURSUANT TO THE REQUIREMENTS SET FORTH IN SECTION 20- 5.12(F), LAND DEVELOPMENT CODE REGARDING A REQUEST FROM RED ROAD COMMONS, LOCATED AT 6600 -6640 S.W. 57TH AVENUE AND 5757 S.W. 68TH STREET, CITY OF SOUTH MIAMI, TO MODIFY THE ADOPTED MASTER SITE PLAN (PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT). Background: The "Red Road Commons" development is a mixed use project including residential buildings, office, retail uses and parking structure. The current zoning designation for "Red Road Commons" is Planned Unit Development Mixed Use (PUD -M). The purpose of a PUD is to allow a tract of land to be developed as a unit under single ownership or unified control, which includes one or more principle buildings or uses. The PUD encourages design flexibility in location of buildings, open space, and provision of amenities. Development in a PUD district does not follow pre -set dimensional requirements (setbacks, heights of buildings), or intensity limitations (floor - area- ratio, or dwelling units per acre). These standards are set forth as part of the project's master site plan. On August 12, 2004, the Master Site Plan for the project submitted by Codina Development Corporation was approved by the city with conditions. Thereafter, the Master Site Plan was reviewed and approved by the Planning Board and the Environmental Review and Preservation Board (ERPB). It is important to note that the Planning Board approved the plan with conditions while the ERPB agreed to give only preliminary approval to the plan. On March 28, 2005, the City Commission approved Ordinance No. 11 -05 -1833, an amendment to the official zoning map of the City of South 1 Miami. The amendment changed the zoning use district from TODD -MU4 to PUD -M. On April 9, 2005, the City Commission approved Resolution No. 48 -05 -12207 adopting the Master Site Plan and Development Program for the site. At the same meeting, the City Commission adopted Ordinance No. 12 -05 -1834, the Development Agreement for the project. The intent of the development agreement is to list the obligations of each parry in ensuring the implementation of the project. This development agreement was amended on June 14, 2005 by Ordinance No. 17 -05 -1839, in order to be more specific regarding the park and recreation concurrency payment. Since June 14, 2005, the property ownership has been Wood Properties of Atlanta. PUD Amendment Procedure The City of South Miami Land Development Code (Section 20- 5.12(F), enfitled "Changes in Final Plans and Reports" provides language to determine whether a proposed change or adjustment to an adopted Master Site Plan in a designated PUD area constitutes a major or minor modification. Section 20 -5.12 Planned unit development approvals. (F) Changes in Final Plans and Reports. (1) Major Changes. a. Any proposed change which would have the effect of increasing densities or redistributing square footage or altering the height or use of a development is a major change. b. An applicant for a major change should schedule a preliminary conference with the building and zoning department. The department may accept the application, recommend changes to the application or deny the application. c. Upon acceptance, the application shall be further considered at another preliminary conference with members of the environmental board, a representative from the department and the applicant. d. The application shall then be completed and submitted to the environmental board for consideration. The environmental board shall submit recommendations for approval, approval with conditions or denial to the planning board within seven (7) calendar days of its review. e. The planning board shall receive a complete application and the department shall post and publish public hearing notices. Public hearings shall be held before both the planning board and city commission. f. If the application is approved by the city commission, it shall be submitted to the environmental board for final aesthetic approval. 2 (2) Minor Changes. a. Applications for a minor change shall be submitted to the building and zoning department. If the director agrees that the change is minor, he or she shall report on the application to the city manager. b. The city manager shall make a final decision on the application and communicate the decision to the applicant. The director shall place a copy of the application and decision in the planned unit development file. If the city manager approves the application, notice of the approval also shall be transmitted to the city commission. c. A fifteen (15) day waiting period shall apply for all minor changes. First Modification Request May 2007 In May 2007 the City determined that a series of requested changes to the adopted Master Site Plan for Red Road Commons were minor changes (Section 20- 5.12(F)(2)). The following is a summary of those changes: 1. The relocation of the pool from the garage rooftop to the courtyard in Building B. 2. The setbacks from SW 68 Street for Building C were increased from 11 feet to 24 feet. 3. The four bedroom units were removed from the development. 4. The open space was increased as a result of the conversion of surface parking on the northwest corner of the property to landscape and open space. 5. There was a decrease in the density (4.0 %), retail use (- 12.8 %), and building footprint (- 2.2 %). There was a decrease in the overall parking spaces from 1,001 spaces (specified in the Development Agreement) to 994 spaces or -0.7 %. 6. The leasing office was relocated. Second Modification Request August 2009 In a letter dated August 5, 2009 from Mr. Jerry Proctor (copy attached as Exhibit "A "), a change has been requested to the adopted Master Site Plan. The proposed modifications to the "Red Road Commons" adopted Master Site Plan have been made to provide safe accessible bicycle storage for people leasing the dwelling units. The bicycle storage area would be located on the first floor of the parking garage in the southwestern portion of the property. To accomplish the installation of bicycle storage for 200 bicycles, eleven parking spaces are to be removed. Analysis The issue relevant to this request is the amount of parking provided on the property compared to the amount of parking required .by the Land Development Code (LDC). In this case there are three pages of charts explaining the amount of parking required and provided at this property. 3 These charts are labeled as follows in Exhibit "A ": 1. Existing Parking count as shown in contract documents (sheet A1.00) and in accordance with ERPB approval. 2. REQUIRED PARKING 3. Revised Parking count with the addition of bike racks. The first chart describes the required parking based upon the uses in the project: Residential at 2 spaces per unit 810 Visitors at 10% of required spaces 81 Retail /Leasing Office at 1 space /300 sf 43 Total required Parking Spaces 934 This information is repeated at the top of each of the 3 charts. Proposed Parking changes in each of the 3 charts. 1. The first chart shows provided parking spaces in the following places: a. Off -site parking 30 b. On -site street parking 25 C. Garage Parking 850 d. Building E 88 Total parking spaces provided 993 2. The second chart shows parking spaces in the same places, except for the Off - site parking which has been reduced from 30 to 6 spaces. This is due to the fact that the proposed off -site parking on SW 66 Street was deleted at the request of the City (allowed by Section 5.q. of the Development Agreement Exhibit `B "). This reduces the total parking provided to 969 parking spaces. a. Off -site parking 6 b. On -site street parking 25 C. Garage Parking 850 d. Building E 88 Total parking spaces provided 969 3. The third and last chart shows parking spaces in the same places, except it deletes 11 parking spaces to permit the installation of the bicycle storage area. At this point in time the parking garages were constructed and the number of parking spaces was counted on -site, making the numbers slightly different for each of the floors of the parking garage. The total number of parking spaces to be provided if 11 spaces are removed for the installation of the bike racks is 958. a. Off -site parking 6 b. On -site street parking 25 C. Garage Parking 840 d. Building E 87 Total parking spaces provided 958 0 The question then becomes: Will the project have enough provided parking to meet the required parking of the LDCs once the 11 spaces are removed for the bike racks. General Parking Calculations If the total of provided parking, becomes 958 after the removal of the 11 spaces for the bike racks. The required parking remains unchanged as follows: Residential at 2 spaces per unit 810 Visitors at 10% of required spaces 81 Retail /Leasing Office at 1 space /300 sf 43 Total required Parking Spaces 934 Provided parking spaces 958 Required parking for Residential -810 Required parking for visitors -81 Remaining spaces for retail /office 67 RetaiMiice/Restaurant Parking Calculations Pursuant to the LDCs the parking requirements for commercial uses is as follows: Retail Uses 1 parking space per each 300 square feet gfa Office Uses 1 parking space per each 250 square feet gfa Restaurant Uses 1 parking space per each 100 square feet gfa There are 12,404 square feet of retail /office space actually constructed in the Red Road Commons development. The leasing office is 3,100 square feet gross floor area of the 12,404 available. Office space parking requirement is 1 parking space per each 250 square feet of gross floor area. This would be 3,100/250 = 13 parking spaces required. Remaining available parking spaces are 67. 67 — 13 = 54 parking spaces available for other uses. There remains 9,304 square feet of gross floor area for retail /office or restaurant uses. A. If all 9,304 square feet were to be used for retail use, the parking requirement would be 1 space per each 300 square feet. This would be 9,304/300 = 32 parking spaces. This would leave 54 — 32 = 22 surplus parking spaces above LDC requirements for all uses. B. If all 9,304 square feet were to be used for office uses, the required parking would be I space per each 250 square feet of gross floor area. The result would be 9,304/250 = 38 parking spaces required. This would leave 54 — 38 = 16 surplus parking spaces above LDC requirements for all uses. I C. If all 9,304 square feet were to be used for restaurant uses, the required parking would be 1 space per each 100 square feet. This would be 9,304/100 = 94 required parking spaces. This would result in 54 — 94 = -40 (40 parking space shortage on the property). Summary of Calculations The calculations indicate that the deletion of 11 parking space for the installation of bicycle racks on the first floor of the parking garage would not impact the ability of the Red Road Commons to use the available commercial space for retail or office uses. Each of these uses would still provide a suplus of parking spaces pursuant to the LDCs. If, however, the commercial space were to have restaurant uses, the number of square feet of restaurant uses would be limited to the number of parking spaces available for that use. Recommendation The proposed modification to the adopted Master Site Plan does not increase densities or redistribute square footage or alter the height or use of the RED Road Commons development. The proposed modification to the adopted Master Site Plan is deemed a minor change. 0 Backup Documentation 1. Correspondence from Mr. Jerry Proctor to the City South Miami Planning and Zoning Department dated August 5, 2009. (Exhibit A) 2. Adopted Development Agreement for Red Road Commons. (Exhibit B 3. Ordinance No. 11 -05 -1833 4. Ordinance No. 12 -05 -1834 5. Ordinance No. 17 -05 -1839 6 Resolution No. 48 -05 -12027 Planning genesis/Red Road Commons /CM Report — Minor Modification Adopted Development Plan 8 -14 -2009 7 BiWn Sumberg ATTORNEYS AT LAW t`Xl�l � 1`r "�', Via Hand Delivery Mr. Thomas Vageline Planning and Zoning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 P }j% AUG 12 2009 4, , Jerry B. Proctor, Esq. Tel 305.350.2361 Fax 305.351.2250 jproctor @bilzin.com August 5, 2009 Re: "Red Road Commons" Project Property: 6600 -6640 SW 57 Avenue and 5757 SW 68 Street, South Miami Dear Mr. Vageline: Our firm represents Red Road Commons, LLC ( "RRC "), owners and developers of the "Red Road Commons" mixed -use project on approximately 7 acres in the City of South Miami at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street (the "Property "). Pursuant to Section 20 -5.12 of the City's and Development Code ( "Code "), RRC hereby requests determination that certain proposed changes to one of the parking garages at Red Road Commons be considered "minor changes," and that your Department recommend to the City Manager that the modifications be considered as such. In the initial stages of leasing units at Red Road Commons, RRC is finding a considerable demand for safe, accessible bicycle storage.. To meet this demand, RRC has designated an area where eleven (11) parking ,spaces are located on the ground floor of the main garage for proposed conversion to a bike storage facility that would house approximately 200 bicycles. The bike storage area would be located in a parking area that is not in close proximity to any residential units and would not usurp any unit - designated parking spaces. The 11 auto spaces that would be removed are "guest" spaces, and there will be plentiful car parking for residents and guests remaining after'this modification. The bike storage area would be covered and accessible only by resident access card to unlock the bikes and transport them in and out of the Red Road Commons complex. Bicycle access would be by a' well -lit sidewalk in the rear (east) Property area, directly accessible to the north (SW 66 Street) property area, . which has a large sidewalk. MIAMI 1883899.2 7743027649 8/6/09 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340, Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com Mr. Thomas Vageline City of South Miami August 5, 2009 Page 2 The attached documents illustrate the location of the proposed bicycle racks in the southeast property area, _directly adjacent to the Florida Power and Light Company substation and well- spaced from the residential community to the north. I have also attached a Floor Plan of the bicycle rack area, and specifications on the "Ultra Space Saver" bike storage specifications that RRC will employ. I have also attached three parking computation charts which show ERPB- approved parking quantities, parking after the City's removal of off -site parking on SW 66 Street, and quantities proposed in conjunction with this proposal. The charts illustrate the following points: 1. The first chart, entitled "Existing ;Parking count as shown in contract documents (sheet A1.00) and in accordance with ERPB approval," indicates a total of 993, parking spaces. The plans incorporating this total were approved administratively as a "minor modification" from the 2005 hearing- approved plans (due to a proposed decerase in bedroom count on the Property) and formed the basis of the building permit for the development. The total of 993 spaces included 24 off -site spaces located in the public right -of -way along SW 66 Street. 2. The second chart, entitled "Required Parking," illustrates a change to 969 spaces, made after the City removed the 24 off -site spaces on SW 66 Street. This possibility was contemplated in the Development Agreement for the project. 3. The third chart, entitled "Required Parking Count with the addition of the bike racks," illustrates the modifications proposed at this time. There have been minor changes in construction and garage striping that have resulted in different totals per floor in some cases in the on -site garages. The overall total of spaces remains unchanged to this point. With the proposed reduction of 11 automobile spaces for the bicycle racks, the overall parking count decreases from 969 to 958. The top chart illustrates. that the development still has an excess amount of parking to serve residents and visitors. I believe that the loss of eleven (11) parking spaces to provide an alternative to automobile travel is a public benefit to the future- residents of RRC and to the community that will lower traffic volumes and be consistent with the planning benefits of this "Mixed Use" development. In your analysis of the Code regulations, please note: 1. The proposed change does not increase densities or redistribute square footage or alter the height or use of the development. 2. The eleven (11) parking spaces to be taken out of service are surplus spaces, not necessary to comply with the Cgde. MIAMI 1883899.2 7743027649 8/10/09 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Thomas Vageline City of South Miami August 5, 2009 Page 3 Thank you for your consideration of this submittal. Sincerely, Jerry B. Proctor. c: Ajibola Balogun, City Manager, City of South Miami Luis Figueredo, Esq., City Attorney, City of South Miami Jay Jacobson Aaron Croyle MIAMI 1883899.2 7743027649 8/6/09 5r. `':v BILZIN SUMBERG BAENA PRICE & AXELROD- LLP 0 z -Z 4-4 iE iL3 a2 D 14 ta IS R CD ca C) Px.4 cn MIN 14 ta IS R CD ca C) Px.4 cn all 48 0 move ' Existing Parking count as shown in contract documents (sheet A1.00) and in accordance with ERPB approvafl. REQUIRED PARKING: USE CRITERIA SPACE Residential at twos aces per unit: 810 Visitors at 10% of required s aces: 81 Retail / Leasing Office at 1 s / 300sf: 43 TOTAL REQUIRED 934 PROPOSED PARKING: LOCATION NUMBER OF SPACES TOTAL Off -site parking 30 On -site street parking 25 Garage: G1 155 G2 171 G3 171 G4 1 G5 173 G6 9 Bldg E: G1 47 G2 41 TOTALS PROVIDED 30 25 938 993 Note: 1- Off site parking: Located on SW 57th Avenue and on SW 66th Street. 2- On site parking: located on the internal streets 3- Garage parking: located in garage structure( count provided by Finfrock on April 12th, 2007) 4- Building E: parking located in lower and 2nd level garage in the building. REQUIRED PARKING: USE CRITERIA SPACE Residential at twos aces per unit: 810 Visitors at 10% of required spaces: 81 Retail / Leasing Office at 1 s / 300sf: 43 TOTAL. REQUIRED 7 934 PROPOSED PARKING: LOCATION NUMBER OF SPACES TOTAL Off -site parking 6 1 On -site street parking 25 Gara e: G1 155 G2 171 G3 171 G4 171 G5 173 G6 9 Bid E: G1 47 G2 41 TOTALS PROVIDED 6 25 938 969 Note: 1- Off site parking: Located on SW 57`h Avenue Si�.66tr 2- On site parking: located on the internal streets 3- Garage parking: located in garage structure( count provided b.y Finfrock on April 12'h, 2007) 4- Building E: parking located in lower and 2 "d level garage in the building. Revised Parking count with the addition of bike racks. REQUIRED PARKING: USE CRITERIA - SPACE Residential at twos aces per unit: 810 Visitors at 10% of re wired spaces: 81 Retail / Leasing Office at 1 s / 300sf: 43 TOTAL REQUIRED 1 934 PROPOSED PARKING: LOCATION NUMBER OF SPACES FTOTAL Off -site parking 6 On -site street parkinq 25 Garage: G1 133 G2 174 G3 174 G4 174 G5 174 G6 11 Bldg E: G1 46 G2 41 TOTALS PROVIDED 6 25 927 9.58 Note: 1- Off site parking: Located on SW 57th Avenue ajad on SMI a'- Street. 2- On site parking: located on the internal streets 3- Garage parking: located in garage structure( count provided, by Finfrock on May 5`h,, 2009) 4- Building E: parking located in lower and 2 °d level garage in the building. B I K E R A C K S ample space for Nock security on nearly any bike, including bikes with fenders, Thanks to design enhancements, the Dero Ultra Space Saver double- sided. parks more than double the capacity of a standard bike rack. Like the original design, the Dero Ultra Space Saver is an easy to install, modular system. It can be made to fit in nearly any space. Options include: wall- mount, Floor- mount, and double - sided. Call Dero for a FREE custom room layout. ,,�; WVJW•L�eYVGVrM I Y>0029Y�•ff°J15. i�•c rriNted ah r"Yr"&d rAFor Wall Mount � An" —36' 80" 19'4" 16" H ommmmmmmmmmmmm ®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®® 20' 40" 36" Specifications and Space Use Product Dero Ultra Space Saver As manufactured by Dero Bike Racks Capacity . Modular construction 1 Bike per arm Materials Hanger is 1 " diameter tube with Ya" steel rod and retaining disk at each end. Upright is 2" square tube. Finishes Black powder coat ® Cross bars: hot dipped galvanized Hanger rods: rubber coated Spacers: plastic Installation Floor mounted Ultra Space Savers have steel channel Methods feet (30" for single sided and 56" for double sided units) Owhich must be anchored to the floor. A wall mounted unit which contains special brackets is also available. Space Use and See diagram at left Setbacks As a general rule of thumb, a 20'x20' space can fit approximately 60 bicycles. B I K E R A C K S Estimating Your Hike Capacity Estimating the maximum number of bikes you can park using a Ultra Space Saver in a typical rectangular space is usually fairly straight forward. The Ultra Space Saver parks one bike every 16" with a typical bike extending out 40" from the wall. Imagine a 16"x40" block of floor space as representing each bike that can be parked. Arrange the blocks in rows, leaving a 36" aisle between rows. If you have a large space, you may be able to fit in double rows of Ultra Space Savers. In this case you could fit 2 bikes in a 16 "x80" space. Let us Help! As a free service, Dero will provide a complete CAD layout of your space. Just send us the dimensions of your room, being sure to note the location of doors, columns, etc. and let us maximize your bike storage capacity. WWW.deYO•GOIM [� I- fJOO -2°J17 -915 s • , 1 Installation Specifications The Ultra Space Saver has several steps for installation. Note that the single and double sided setups and parts are different. Make sure you follow the instructions according to the model you ordered. Recommended Base Materials: Solid concrete is the best base material for installation. Make sure nothing is underneath the base material that could be damaged by drilling (Le. post- tension cable). Use the 3.75" wedge anchors that are included to install the rack into the concrete (wall anchors are 3 "). Installation: Sort out the parts to the rack and identify each of them accordingly. The 1 " carriage bolts are for assembly of the rack and the 3.75" wedge anchors are for mounting the rack to the floor. Reading your Dero designed layout Ultra Space Savers come in varying configurations, making it very important that you carefully follow the layout provided by Dero when installing the racks, If you do not follow the diagram, you may well end up short of parts. The length of each Ultra Space Saver unit is indicated by a number ranging from 62 -B7 in the layout. This number corresponds to the length of crossbeams to be installed. In the example provided below the Ultra Space Saver is to be installed starting with two 64 units, which have 44" crossbeams, followed by a 65, which has 76" crossbeams. These numbers indicate the number of arms between brackets for each Ultra Space Saver unit to be installed. 3" 3" Spacer for single sided Ultra Space Saver at ends only: SS- Spacer -3" 13" Spacer (for single sided Ultra Space Saver): SS - Spacer -13" Hanger Arm: SS- ULTARM beams 28 ": SS -82 44 ": SS -83 60"": SS -e4 76 ass -as Single Sided Parts : 92 ": SS -86 Single Sided Foot: Fr30 "- 10" Spacer (for double sided units): SS Spacer 2 , Note: All other part numbers are the same as the single sided unit above Double Sided Foot: SS -DF t1 ff 0 f3 �o Double Sided Parts Wall Mounting Bracket (wall Mounted Only) • SS-VV B I K E R A C K S �C�l wWw•cleraGavt� ' 1— Y�00- 29PJ—`f915 F1J • , _ ; Installation Instructions -WALL MOUNT Tools Needed for Installation 9116" Wrench /Socket 318" or r /z" Masonry Drill Bit (Depending on anchor type) Tape Measure Drill (Hammer drill recommended) Hammer Level Marker or pencil Install Steps rx w,�A,,�„ +v ;� �.. fug z ✓ � =�-G �.i3'� t � y. �, r a:.. � � t t''. K - . Lay out parts on the floor where unit is to be installed and be sure you have all necessary parts. ® On galvanized cross beams, Place a mark three inches from each end. This mark will show you how far to slide the cross beam into the wall bracket. ® Place first wall bracket on wall where you want to install the bike rack. Bottom of bracket should be at least 50" from ground. Mark holes for drilling. 13 Drill Holes into wall, put the wall bracket back up and insert wall anchors through holes in bracket and set the anchors. For setting the anchors and diameter and depth of holes, follow instructions sent with the anchors. Make sure bracket is level, Thread 3/8" by 3/4" tightening bolts into holes in bracket. Insert crossbeams into bracket. Slide on arms and spacers, make sure arms are staggered. At end of last arm place 3" spacers and install end bracket, making sure cross beams are level. If installing more than one set of Ultra Space Saver arms, continue from last installed wall bracket and repeat steps 3 -5 above. 1' f 3 to ® t i .Wall r Bracket Nut 13 .. �-. washer Stagger orientation of arm ®�� B I K E R A C K S ( WWW QeYO.GOVN I-YJOO- 2�jYJ-'f�Il5 _ Installation Instructions - FLOOR MOUNT r r Tools Needed for Installation 9116" Wrench /Socket 3/8" Masonry Drill Bit Tape Measure Drill (Hammer drill recommended) Hammer Install Steps 3.. Q 3.. bolts provided. O O 30' 0 Note staggered height 56" 0 o Mount double -sided rack at center holes Double Sided Wedge anchor runs through flange and rail into concrete ® anchor holes fed Single Sided 8 1 K E R A C K S WWW• e- rO.GOW0 I-P100- 2�!'% -�y15 Measure out space. Attach feet to uprights with carriage (DP 6P % \� bolts provided. O O ® Lay assembled uprights with crossbeams attached on Mount single -sided rack at end of foot their side so crossbeams are facing up. Slide first hanger arm on. Then slide the plastic spacers on. ® Slide next arm on but make sure to flip each arm so that the hanger rod is at a different level from its neighboring arms. For double sided model slide arms on opposite each other. Repeat until the crossbeams are full. For Single- I sided installs place 3" spacer at end (part# SS- Spacer -3 ") 13 Tip rack up and attach the second upright. Tighten bolts. Slide assembled rack into final location. For add -on units repeat steps. ® Anchor rack to floor with 3.75" wedge anchors. . Note staggered height 56" 0 o Mount double -sided rack at center holes Double Sided Wedge anchor runs through flange and rail into concrete ® anchor holes fed Single Sided 8 1 K E R A C K S WWW• e- rO.GOW0 I-P100- 2�!'% -�y15 _ Shortening the Ultra Space Saver to Fit a Space Wits You may find it necessary to field fit a Ultra Space Saver. The following instructions describe this process. Tools Needed for Installation Saw for cutting PVC pipe (such as a SkilSaw) Saw for cutting metal pipe Tape Measure Instructions oThe Space Saver crossbeams come in increments of 16" Cut your crossbeams down in increments of 16" to get the appropriate fit. For example, If you ordered a length of 12 Space Savers (127" long) but you only have 120" of space as shown in this diagram, but the crossbeams down 16 ". This will eliminate one arm from the system. If you only have 108" of available space, you will need to cut 32" from your system and will lose two arms. If the system you ordered barely doesn't fit (less than 3" too large), you CAN eliminate the 3" end spacers and cut down the crossbeams by 3 ". You will NOT lose an arm by doing this. 0 120" (Space to Fit) Need gap at one end . 127" (Standard Size) i 12" Amount to cut e i K e RA c K s �www•cieYO•Gb►M E4 I-�04- 2gYJ —ggl5 �x ob I-F 11)� I this instrument prepared under the supervision: and 4w'11en recorded reTUn] to: Jerry 13. Proctor, Esq. Bilzin Su;nbery,, Barns Price & Axelrod LLP 200 South Biscayne Boulcvard Suilc 2500 \dianu, Florida 353131-2336 DEVELOPMENT AGREEMENT CFN 2007RO325SS6 OR Bk 25446 Pis 0052 - 72; (21ass) RECORDED 03/30/2007 15102331 HARVEY RUVINi CLERK OF COURT MIAKI -DARE CDUNTYr FLORIDA (Space Reserved for Clerk) This Development Agreement is made as of this Lat- day of �Y�, 2007, by and h bztwean The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57' Avenue, LLC ( "Applicant "). Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on and shall inure to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against 21.1 . persons claiming by, through, or under them until such time as this Development Agreement ( "Development Agreement ") is 'released in writing as hereinafter provided; NWERL-.417, Applicv;t 0%.vns tite property in the City, in Miami -Dade County, Florida, lcg;jlly described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (_the. "Property "), and TF7 -I£RF4-3, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (11\4*U-4) (Transit Oriented Development District).to PUD -M (Planned Unit Development.- N-fixed Use), and to obtain site plan approval (the "Application "), and kJh'ER£5, the Florida Local Government Development Agreement Act, set forth in secti�n.s 163.3220 - '163.3243, Florida Statutes, (the "Act ") provides for the execution of development agreements to insure that, the .law in effect at the time of the execurion of the t the land for the duration of the developrnent.agreement shall govern the development of ac3reem ent. 71Y REFORE, in consideration of the covenants, conditions, and promises herein contained, the receipt and sufficiency of which are expressly ack- nowledged, Applicant and the City hereby agree as follo-, s: MIAMI C 193.10.15 7326021331 =ra;U7 iv fi EXHIBIT A 1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions. of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. e. Development of the Property shall be in one (1) phase. f. A building permit for development of the project must be applied for within 6 months of the date on which this final development agreement is signed, notwithstanding the provisions of LDC Section 20- 3.7(i), Expirations of PUD Approvals. 2. Public Facilities_ In order to enhance public facilities in the City of South Iviiami, Applicant agrees -to provide services in compliance with Section 20-4.1 of the Code of the City of South Miami, including: a. Water and Sewer services that comply with all requirements of Miami-Dade. County for any building prior to issuance of a final Certificate of Use and Occupancy. b. Solid Waste services that comply with all requirements of Miami Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate S928,000 in one -lump sum as its responsibility for meeting park and recreation concurrency. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment' calculations are indicated on attached Exhibit 'B ", incorporated herein by reference. C. Traffic - Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -turn, northbound entrance lane on Red Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this :MIAMI 819310.15 7326021531 2 3h- -9107 t Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) :directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements, C Housing — A requirement of ten percent (10%) of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to condominiums, ten percent (1.0 %) of the units will be sold to individuals or families in the moderate income segment of the affordable housing group: In analyzing compliance with this paragraph, the City shall allow minor deviations- resulting from short-term vacancies. Incomes shall be based on Area Median Income (.AMI),. as defined by the U.S. Department of Housing and Urban Development. Proof of Compliance with this requirement on an annual basis shall be provided in writing on or before January 15 of the following year to the City Manager. In addition, the Applicant shall make a payment of 3100,000 to the City on or before the issuance of the first certificate of use and occupancy for the development on the Property, to be placed in a City trust fund to assist in the development of low income housing in the City's Community Redevelopment Agency area. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Village Taxes from_ Nfiami -Dade County, the Property Owner shall contribute an amount equal to the. Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This provision shall not abrogate any of the Property Owner's rights to file appeals of Tax Assessments for the Property, in accordance with the laws of Miami -Dade County. 4. Work Force: In an effort to enhance job opportunities for local citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (1) bids for construction work on the Property, (2) bids for temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants from the City of South Miami, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire tuo residents from 'the CRA district to assist the Applicant in providing construction services during the period of construction and development of the Property. Payment for the positions shall be at Applicant's sole expense and shall be. commensurate with similar job levels and responsibilities in comparable industries. MIAhit s 1931 0.15 7-3326031531 3/29/0; 5. Site Plan. a. Applicant shall retain stormwater drainage runoff on site in accordance with City regulations. b. Applicant shall provide on site security. As part of on site security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate to the proposed parking garage and make arrangements to- assure emergency access by public safety _vehicles. C. The entrance at Levante Ave. shall be signalized. and approaches installed based on approval by Miami -Dade County and .the State of Florida Department of Transportation. d. The exit for the driveway onto SW 66 Street shall be design.ed and operated as a right turn out only driveway. The exit shall be closed with agate to prevent turn oui between the hours of 7:00 A M. and 10:00 A.M., Monday through Friday._ e. Applicant shall provide a minimum of one (1) stop location on site for service by the H:urryCane. shuttle. The shuttle stop locations shall not interfere with SW 57 Avenue traffic. All liurryCane shuttle passenger pick -ups shall be coordinated with the City of South lvfiami shuttle pick -ups to minimize traffic impacts. f. Applicant shall provide and maintain landscaping acceptable to the City between the FPL facility and - the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FP•L facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Cbmrnunity Center shall be uniform in appearanc -e and consist of not less than 25 trees in the row. 2. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. h. Employee parking shall be restricted to the garage and it shall be the developer's or his assiim's responsibility to submit with each occupational license proof that employees are utifizing the assigned parkin.. i. Applicant shall provide a mastcrsignage plan for project identification, traffic, routing, and retail stores prior to final project approval by the EnviroiVnental Review and Preservation Board (ERPB).. j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity at. an 1S inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. k. Applicant is to assure that the refuse service areas shall be large enough to accommodate adequate dumpsters. The final number and dimensions of service MIAMJ 4 1-i9�p? areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. 1. All parkin; and street improvements placed on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from.a maintenance bond to be posted prior to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be "provided to the City. in. Applicant must limit the types of retail establishments in order to. assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. n. Applicant shall install all sidewalks as shown on the adopted master site plan. o. Applicant shall open up the paseo on the north side as shown on the anaended site plan, as approved by the Planning Board, in order to break up the long facade of the tesidenti.al building. p, ,applicant and the City shall agree on the number of locations of the loading zones prior to the final approval of the Development Agreement. The dimensions and locations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the City may eliminate the on- street parking spaces located on SW 66 Street. r. Applicant shall provide 1,001 . parking spaces [which may be. reduced in G6 accordance with Condition #5q, requiring removal of on -street parking on SVIr Street], through a combination of parking m garage, a small surface lot, and on -site street parking.. s. The Applicant will commit to participate in a joint working group with the First Methodist Church of South '.Miami and municipal, county and estate agencies to devise a plan mutually agreeable to Applicant and the First United Methodist Church of South Miami, for pedestrian improvements and beautification for Red Road. Applicant will contribdte the construction cost of specific pedestrian enhancements agreed upon by Applicant and the First United Methodist Church of South Ntiarni. The Applicant will present plans for traffic permits indicating travel lanes of 10.5 feet oil Red Road (SW 57 Avenue) and, if approved, wi1J create an enhanced "landing zone for pedestrians in the center of Red Road betNveen the Property and the First United Methodist Church to the east, subject to the approval of 14jami -Dade County and the State of Florida Department of Transportation. N11AM1 819-21 10.15 7326J21531 3:°^9/07 t. The Applicant shall not exceed a noise level equal to the ambient background level at 10:00 P.M. at a location adjacent to the Property to be selected by the Planning Director; said location may change from time to time. U. The Applicant shall obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate 534;800 to the Nli.ami -Dade 'County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation .shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two '(2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two. year period, the Applicant's donation may be utilized to fund programs; purchase materials (such as additional computers) or in any manner that the School Board and the City detenni.nes will enhan.ce the cumculum and the students' attending the subject school's educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated'by reference. 7. Unit), of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1.), City Code. NOW THEREFORE, the City, in consideration of the preinises, hereby agrees as follows: 8. Vesting. As,long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a dovmzoning application by the City and shall not be subject to any development moratorium, referennda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the M_ aster Plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Applicant of the necessity! of complying with the law governing said permitting requirements, conditions, terms or restrictions. 9. Impact Fees. The Properly shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. MIAMI 519310.15 7.326021531 G 3 +39:0? 10. Concurrence and Consistency. The Application together with the Applicant's performance under the Development Agreement. satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the. application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the rezoning and site plan application and this _Agreement are consistent with the City Comprehensive Plan and. Land Development Regulations. Additional Requirements: 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Nfiami -Dade County, Florida, and sha11 continue in effect for a period of ten (10) years after the date of such recordation, after which it may be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon approval at a public hearing. l2. Annual Report and RevieFV. It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. 11-05-1833. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing.of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The City Commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial . competent evidence, that there has been a failure to comply with'the terms of the Development Agreement, the City shall provide the Applicant with a fifteen (15) day written notice and opportunity to' cure the non - compliance. The Applicant shall have 45 days after the expiration of the 15 -day notice period to begin to cure the non- compliance, after which the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. 13. Modification. The provisions of this Development Agreement may be amended, added to, derogated, deleted, modified, or changed from tirne to time by recorded instrument executed by the then owners of the Property and the City. Any modifications to the Site Plan must comply with the regulations for amendment'to PUD -M development contained in Chapter 20 of the City Land Development Code. 14. Enforcement. The City, its successor' or assigns, and the Applicant, its successors and assigns, shall have the right to enforce the provisions of this Development -Agreement. Enforcement shall be by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and 1+1JAM1 S19.110.1- 7326021531 'disbursements allowed by law, such sum as the court" may adjudge to be reasonable for the services of its attorney. Attorney's fees 'payable under this paragraph shall not exceed 25% of the judgment. 15. Inspection. Nothing in this Agreement shall be constnred to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. The Applicant, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. . ]6. �uthorizltio►r to Withhold Permits and Inspections. In the event the Applicant(s) utbOr Z,1 L1 1J LV obligated to rr.ake payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Afiami is hereby authorized to withhold any further permits on the portion of the Property failing to comply.with this Development Agreement, and refuse to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the Property until such time this Development Agreement is compiled with. 1'?, Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and. agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. b. This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its terms. c. There are no actions, suits or proceedines pending or threatened against or affecting Applicant before any court or governmental agency that would in any material way affect Applicant's ability to perform this ARreerneat. d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. Applicant has the Financial capacity to pay or advance in the City all fees and payments as required under this Agreement. 18. Se }erab ►llty• If any provision of this Development Agreement or the application -thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be N-1IAINV �I9. n.li 7336021531 1'2910-, ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. .19. Joint Preparation, This Agreement has been drafted with the pai-ticipation of the City and Applicant and their counsel, and shall be construed against the Applicant in issues of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meanitg of this Agreement. Vdhenever the term "included" is used in this Agreement, it shall mean that the included items or terms are included without limitation as to, any other items.or terms which may fall within the listed category. 20. • BindinE Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. ?]. Captions and HeadinPs. Paragraph headings are for c:onvcnience only and shall not, be used to construe or interpret this Agreement. 22: 4pplicable Latvs, Jurisdiction. and Venue. This Agreement shall be governed by and imerpreted, construed, and enforced in accordance with the internal lays of Florida without regard to principles -of conflicts of law. This Agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Mianii- Dade County, Florida. 23. Notices. Any notices or reports required by this Agreement shall be sent to the Following: For the City: City Manager City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Copy to: Planning Director Planning and Community Development. Department City of South Pyfiami 6130 Sunset Drive South Miami, Fl. 33143 9 MIAMI 519310. 15 7320021531 3i2J'U'i For the A2. 2 cant: ,Irm.a Abella, Esq. General Counsel`s Office University of Miami 1320 South Dixie Highway, .Suite 150 Coral Gables, Fl. 33125 COPY t0: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Suite 2500 Miami, Ft. 33131 21. Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breacb or any subsequent breach of such covenant, agreenmermt, teml or condition. No covenant, agreement, term., or condition of this Agreement and no breach thereof shall be waived, altered or. modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agaree.ment, tern and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hei,-eto and their- Affiliates and it may not be enforced by any part' other than the parties to this Agreement and shall not give rise to liability to any third party other than the alltliorized successors and assigns of the parties hereto. 26. Survival. Any covenant, term or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any such_ termination including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. 27. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be. extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire AQreern Agreement This A eement sets forth the entire agreement between the parties hereto with respect to the .subject matter hereof. All agreements, covenants, representations; and warranties, express or implied, oral or written, of the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants; > cprescntations, or warranties, express or implied, oral of written have been made by any party to time other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, A11RM1 519: )0.15 7326021531 10 discussions, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter hereof, are waived, merged herein and superseded hereby. Each party affirmatively represents that no promises have been made to than party that are not contained, in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by -any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including.by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of %which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 3 Recordation. Withio 20 days after the Development Agreement has been signed by both the Applicant and the City, the Applicant shall. cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. 31. Exhibits. All exhibits attached hereto contain additional temi.s of this. Agreement and are incorporated herein by reference. 32. Effectiveness. This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. The approval of the applications for rezoning and site plan approval and of the application for approval of this Development Agreement, shall not become effective until the Park donation is established and agreed upon by the Applicant and the Ciry in accordance with Paragraph #2d. If the Park donation is not,established in accordance with Paragraph #2d, the applications for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant. I.:V ffG (TNE:SS WHEREOF, these presents have been executed this oZC) �' day of Cpl a►rc� . 2007. JVIAM I IS i 1,;10.15 73260215.1 i l l :'?9M7 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH NII_ATI K, ?v0T -V11LL AfL'A7BYTHESE PRESf -MTS that: The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms, and provisions contained therein, dated and attached hereto. DATED this a % . day of >al.L- , 2007. CITY. OF SOUTH MIANII By: Yvomae S ter- McKinley City Manager ,kTT-EST. (� _ "CITY"CLERK. �c f Maria M. Menendez o STATE OF�y.lya ) ) SS COUNT' OF fl ,C �r� - -L it ) he foregoir:a 1115tr11RlZllt was acknowledged before me this day of ,�!L s 2007 by �'��- of the City of South Miami and attested to by aria M. Menendez City Clerk, of the City of Soutlt Miami who are ( ) personally luiown tome or ( ) produced a valid driver's license as identification.. My Commission Expires: MIAMI 13- Si931O I; 7:2602_15.1 3r1S!07 _ Maria M. Menendez Notary Publi Sign Name: i �C.:.7 Print Name: �--J tigaria M. Menendez Serial No. (None, if blank): [NOTARL4L. SEAL) MARIA M. Mr:NENDEZ` +0 1,1Y COMMISSION G OD 279979 iO� E: PIFFLES: flnrd 78, OB 1ST_- ?�'..:::: J-'�' c p;..ecy C.t-,. •r.% �=..a :a. IN WITNESS WHEREOF, the undersigned party has agreed to this Development Agreement dated as of the, day of !'✓ Q, . 2007• W to sses: �_�4�av RRC 57n" Avenue, LLC, a Florida j n limited liability company Print Name: :Z-Y'0 CL � ` ` �B�l1:A 'By: University of Miami, a Florida non - profit corporation, its s e member o 2. y� � jj lame: Joseph toli Print Name: 4 Title: Senior y ice President for Business and Finance STATE OF FLORIDA }, SS: COUNTY OF MIAMI -D ADE) The foregoing instrument was acknowledged before me this/} —LO day o > 2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the iversity of Miami, a Florida non - profit corporation, the Sole Member of RRC 57th Avenue, LLC, a Florida lirivted liability company. kip/She is personally known to me or has produced a State of driver's license as identification. Sign Name: 0 Print Name: f17 My Commission Expires: O Y UBLI Serial No. (none, if blank): [NOTARY SEAL] NOTARY PCBLIC -STATE OF FLORIDA Melody M. Smith CommissiDD # DD589811 =, fires: OCT. 10, 2010 BODED �R�/ k"�1C BDh�1�G CO., INC MIAA4I 8193 10.15 7326021531 13 3n_8io� 1 E)MIBI,T "A" Legal Description . 1 Parcel : ereof, s A.JI of Tract 1, of fuc REVISED• PLAT OF FERNWOOD, according tq the Plat t1 , recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less 'the South •4475.657 fett of the West 100 feet, and less also the East 150 :feet of the South 330 f=t, and less also the South 125 fret of the West 175 iect of the East 325 feet, and less also the Past 75 feet of the Wc;st 175 feet of the South 125 feel. of said Tract. Parcel 2: '' The East 75 t et•of the West 175 fast of the South 125 fee of Tract'l, of REVISID PLAT OF FERNWOOD, according to the Plat thereof, 2s• recorded in Plat Book 35, at Page 72, of the Public Records of Miami Dade County; Florida. - Parcel 3: . The North 132 feet of the SE '/ of the. NE '/, of the BE 1/4 of Section .25, Township 54 South, , Range 40 East, less the North 25 feet of the North 132 fcet of the SE '/+ of the NE '/. of the SE 1/. ' of Section 25, Township 54 South, Range 40 East. Parcel 4: p 40 East, That part ofthe BE % of the NE-/ of the SE /q of Seition 2'S, Township 54 South, Range descrbed as fal)ows: j Begin at the' BE comer of szid SE %< of the NE'/4 of the SE '/; ti�enee nm West along the South I Iine of said BE '/ of the NE ' /,. of tl�c SE l for a distance of 185 feet fox -a Point of Beams; thence Tun North parallel to. the East line .of said SE' /< of tlz NE %+ of'tlie SE '/, for a distance of 150 'feet; thence r= West parallel to the South line of. said BE '/ of the NE 1 / +. of the SE '/. for. a distance of 100 feet; thence run parallel to the East line of said BE 'lo of the NE 1/4 of the BE '14 for a distance of 150 feet to the South line of said BE % of t$e NE '!4 of the BE '/; thence run Bast along said South line of the BE % of the NE % of the SE'/ fora distance of 100 feet to.the Point ' I of Beginning, less the South 25 feet for public road purposes: Parcel 5: The North' 180 feet of the South 330 feet of the East 150, feet of Tract 1, of REVISED PLAT OF i • FERWOOD, recording. to the Plat thereof, as recorded in Plat Book 35, at Page 72, - of the Public Records ofIvfami -Dade County, Florida. I Parcel 6: A portion of Tract. 1, REVISED PLAT OF FERNWOOD, according .to the Plat thereo as recorded in Plat Book 35, at•Page 72, of'the Public Records.of Miami -Dade County, Florida, more particularly described as follow$: : l That part of the 'Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the Southeast conger of said Southeast Quarter of Noltheast Quarter of Southeast 3 '.YIA Z 126979.1 7332425731 GR BK PG GGSZ LAST RACE Qusiter; thence run West along the So7rth li-'ie of said Southeast Quarter of Norheasf Quarter of Southeast Quarter for a distance of 285 feet for Pcwr OF BECTRgNING; thence run• North. parallel to East line of said Southeast Quarter -of Northeast Quarter-of Southeast Quarter lief= ; theucp ran West parallel to South lint of said Southeast Quarter of Nprthc$st Q Southzist Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter -150 feet to the •Soixth line of said Southeast Quarter of i ?dorthesst Quarter of Southeast Quarter; thence East along said South line of the Southeast Quarter of Norrtheast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BEcD N-NCT, LESS the South 25 feet for public road_ ` a2LA7� 7256979.1 7333426731 ORDINANCE NO. 11-05-1833 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP " OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT -MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS .TO ALLOW CONSTRUCTION, OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES., AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION_ OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Application No. PB- 04 -015A was submitted to the Planning Department by Codina Development Corporation, said application requesting to amend the official zoning map'of the City of South Miami by changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed - Use4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District.; and WHEREAS, the purpose of the change of zoning is to permit construction of a mixed use project including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space; and WHEREAS, the proposed rezoning is consistent with the Future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, after review and consideration, the Planning Department recommended approval of the application with conditions; and WHEREAS, on September 27, 2004, after Public Hearing regarding the proposed rezoning application, the Planning Board recommended approval with conditions by a vote of 6 ayes 1 nay ; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment.- NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:. Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on properties for, changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District said rezoning to be. subject to the conditions specified in Section 2 of this ordinance. Section 2 That the above change of zoning is subject to the following conditions: 1) Applicant shall submit a Development Agreement which includes: (a) an agreement that within five years the developer will pay for or produce 3.2 acres of land for public park or Ord. No. 11 -05 -1833 (2) 2 recreational purposes; . (b) an agreement that 10% of the multi- family units constructed shall be classified and marketed as affordable housing units. (2) Applicant shall provide evidence of coneurrency compliance by submitting to the City the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (3) The applicant shall provide to the City a Unity of Title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20-5.16. of the South Miami Land Development Code. (4) Additional requirements relating to the approval of the PUD -M Master Site Plan shall be incorporated in the Development Agreement. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of ' 2005 ATTEST: APPROVED: CLERK %4OR I" Reading— 10/19/04 god Reading— 4/9/05 READ AND.APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 4 -0 Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner. Sherar Yea E: \Comm Items\2005 \3 -28 -05 Special \Rezoning -TODD to PUD -M Ord.doc South Miami . CITY OF SOUTH MIAMI " 'd OFFICE OF THE CITY MANAGER Oftedcacft INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Commission Members From: Maria Davis City Manager .ORDINANCE Date:. April. 2005 ITEM No. Re: LDC Rezoning: . TODD(MU4) to PUD -M: Codina Development Corp. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE •OFFICiAL ZONING MAP, OF THE CITY OF SOUTH MIANII LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT Q►=D USE4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND. 5757 SW 68 STREET; "THE PURPOSE OF THE ZONE CHANGE IS .TO ALLOW CONSTRUCTION OF A MIXED- USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES , AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION. OF CONCURRENCY; PROVIDING FOR SEVERABILITY; vn nv MING, SUMMARY OF REQUEST The applicant, Codina Development Corp., is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space. According to the information submitted with the application, the dwelling unit density will be 58.4 .units per acre. The floor area ratio for the total proposed project is listed .as 1.54. The complex is to be called "Red Road Commons ". The current zoning on the subject property is "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District: The applicant is requesting a zone change for the property. to PUD -M, Planned Unit Development -Mixed Use. The current TODD(MU -4) Zoning District, permits residential and commercial uses, permits two" stories in height and does not limit development with a maximum floor area ratio or units per acre formula The PUD submission is to be considered in two parts. The first is a zone map change ordinance which creates the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are LDC Rezoning March 28, 2005 Page 2 of 7 dealt with as part of the zone map change. The second part is the applicant's request for approval by resolution of the specific PUD development plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. APPLICABLE REGULATIONS . Planned Unit Development (PUD) is a zoning district which can be applied for and created on the City's official zoning map if a development is to be done as a unit under single ownership and has one or more principal buildings. A PUD encourages design flexibility in location of buildings, open space, and provision of amenities. Development in a PUD district does not follow standard dimensional requirements (setbacks, heights of buildings), floor- area - ratio, or dwelling units per acre. These standards are set forth in advance as part of the submitted master site plan. The following sections of the City's Land Development Code govern the general design, development, and review of a PUD application: Section 20 -3,7 (A) -(B) Planned Unit Development — .provides design guidelines for all PUD'.s regulating density, traffic, screening, off - street parking, service areas, building heights, and pedestrian amenities. Section 20 -3.7 (E) PUD -M, Planned Unit Development- Mixed Use_- specific regulations governing uses allowed, minimum development site size and location. PUD -M is one of three PUD types. Section 20 -5.12 Planned Unit Development approvals — sets forth regulations governing the View-pr. Section 20 -4.1 Adequate public facilities and services (Concurrency)- establishes level of services (LOS) standards for water and sewage, solid waste, traffic, and recreation / open space. These standards are reviewed *at the development permit stage for major new construction projects. SITE AN ALYIS The subject property is bounded by SW 68th Street on the south, SW 57th Ave. on the east, SW 66th Street on the north. The west boundary is a FPL transmission facility and a driveway into the City's Community Center: The property is occupied by a parking lot and three one -story buildings used for offices, a real estate school, a foreign consulate, a social service agency and a night club. LDC Rezoning March 28, 2005 Page 3 of 7 Surrounding, Parcels DEVELOPMENT ANALYSIS 1. Comprehensive Plan: The project site is within the TODD Future Land Use category which encourages a mix of uses. The district was developed to take advantage of its proximity to the Metro Rail. The category allows for flexible building heights up to a maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current wim 6peeialfee i and redevelopment ........ Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi family projects ............. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metro Rail transit station by creating a district for the new growth. which is contained and transit - oriented, thereby relieving the pressure for commercial re- zonings outside of this core area Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. 2. Minimum Requirements: The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant has provided a sealed survey indicating that the project site is 1134 feet from the Comprehensive . Plan Land Development Code . Actual Use Existing Land Use Existing Zoning District Category North N Single Fancily Residential RS-4, RM 18. Single Family homes Multifamily Residential Single Family Residential Apartments Low density multi- family South TODD TODD (LI -4) Light industrial; warehouses, social service agency West Public Institutional Pl, Public Institutional; RS-4 FPL Sub station DEVELOPMENT ANALYSIS 1. Comprehensive Plan: The project site is within the TODD Future Land Use category which encourages a mix of uses. The district was developed to take advantage of its proximity to the Metro Rail. The category allows for flexible building heights up to a maximum of eight (8) stories. The rezoning supports the following Comprehensive Plan goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current wim 6peeialfee i and redevelopment ........ Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi family projects ............. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metro Rail transit station by creating a district for the new growth. which is contained and transit - oriented, thereby relieving the pressure for commercial re- zonings outside of this core area Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. 2. Minimum Requirements: The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant has provided a sealed survey indicating that the project site is 1134 feet from the LDC Rezoning March 28, 2005, Page 4 of 7 Metro Rail station.(see attached) 3. Uses Permitted: The PUD -M allows a limited number of uses which are listed in Section 20 -3.7 (E) of the LDC. It includes retail establishments and multi - family residential uses being proposed by the developer. 4 Density- Number of Dwelling Units: The proposed development, as submitted has 407 dwelling units or a density of 58.3 dwelling units per acre. PUD regulations specify that the number -of units permitted shall be governed by the Comprehensive Plan land use category in effect for the site. The TODD land use category does not provide limitations on number of units as long as the required parking is provided 5. Density- Floor Area Ratio: The applicant's proposed floor area ratio is 1.54. PUD regulations specify that intensity or FAR. of a project is governed by the Comprehensive Plan land use category in effect for the site. The TODD land use .category does not provide a specific FAR limitation. 6 DweIlin Units - Minimum Floor Area: The applicant's proposal indicates a range of dwelling unit types, including 175 one - bedroom units; 201 two - bedroom units; and 31 four bedroom units. The size of the units range from 604 sq. ft. for a one bedroom; 887 and 946 sq. ft. for two bedroom units; 1785 sq. ft. for four bedroom units.. 7 Dwelling Units- Minimum Average Size The applicant's proposal provides that -the average size for all of the dwelling units is 842 square feet. PUD regulations do not require a minimum average size for dwelling units. As part of the redraft of the LDC, the City's Zoning I ask Force recommenal6d triat resi en must maintain a minimum average dwelling unit size of $00 square feet. It is felt that this standard would assure a quality level of dwelling units in residential projects. 8. Building Height: The applicant is proposing to build a total of six residential buildings The building heights vary. There are four and five story buildings in the south and center part of the development and a four story building facing SW 57 Avenue 'on the east side. A three story building will face single family homes on the north side with the interior portion of that building being four stories. At the northeast corner is a four story building opposite the existing multi - family complex. A five story parking garage covers most of site on the west side abutting the FPL facility. Current PUD regulations do not specify specific height limits. The Code states that project buildings must take into account surrounding heights of buildings and the limitation on heights set forth in the assigned Comprehensive Plan's land use category (up to eight stories). 9. Parking Requirements: The applicant is providing 1,028 total parking spaces, which' includes a parking garage, a small surface lot and on -site street parking. The total number of required parking spaces for the proposed re- zoning (including residential and retail uses) is 948. 10. Affordable Housinz: The City of South Miami has made a commitment to support and LDC Rezoning March 28, 2005 Page 5 of 7 encourage the creation of affordable (moderate priced) housing units. The Comprehensive Plan specifically sets forth the following housing policies Policy 1.3.5 The City will support and assist the efforts ofprivate organizations to construct. at least five affordable housing units per year. Policy 1.3.6 The City and the County wilt jointly support development in the Rapid Transit Zone in order to encourage mixed -use /residential multi family projects containing affordable housing units. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5% of the units as affordable housing units. _. 11 Adequate Public Facilities - Concurrence: The applicant's project- is above the concurrency threshold limits, thereby requiring an assessment for meeting the level of service (LOS) concurrericy standards listed in Section 20-4.1 of the Land Development Code. For purposes of this report, presented below is a summary of the developers' responsibilities related to concurrency: a) Solid Waste • LOS and capacity to be determined by Miami -Dade County based on capacity of the transfer facility. ev e eepy of eentfast -te City b) Dater and Sewage • LOS and capacity to be determined by Miami -Dade County • Developer to provide evidence of approval of appropriate County and State agencies c) Drainage . • Concurrency evidenced by compliance with Florida Building Code and approved by DERM. d) Traffic /Streets • Applicant has submitted a Traffic Impact Study showing reduced PM peak trips after PUD is constructed; and major intersection at LOS - B • Additional traffic counts at certain intersections requested in order to determine needed traffic signalization adjustments or lane improvements • Note: the site is located within a City designated Infill and Redevelopment Area and is exempt from meeting transportation concurrency standards (Comprehensive Plan, p.65). However, the impact of the proposed development on traffic operations will be covered in the review of the resolution adopting the submitted master site plan. . LDC Rezoning Match 28, 2005 Page 6 of 7 e) Schools • Project impact to be determined by Public Schools. • Dade County Public Schools has been notified of the project and staff invited to sit with Planning Board at hearing. • The Developer shall provide evidence of assessment or mitigation agreement with Dade County Public Schools.. J) Recreation Facilities • Project population estimate- 927 • LOS: City Comprehensive Plan: 4 acres per 1000 population. • Capacity: The City is at capacity. • Project will require the addition of recreation land — estimated 3.2 acres • Developer must specify in a development agreement that within five years he will pay for or, produce 3.2 acres of land for public park or recreational purposes. (See attached formula to determine concurrency costs) STAFF OBSERVATIONS 1. The proposed rezoning is consistent with and supports the goals and policies of the City's Comprehensive Plan (See No. 1, Development Analysis above). 2. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 3. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report", which calls for mixed use development on this site - (p.33). 4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force's subcommittee on TODD carried out considerable study, on . the district. At that time it was recommended that this site be re -zoned to allow 4 stories plus 2 additional stories as a bonus. The recommendation also suggested a height limit of 3 stories across from the residential areas on the north side of the property. The PUD -M re- zoning will allow development as specified in the Master Site Plan as submitted. Buildings indicated at four and five stories on this plan will be approved as part of the master site plan approval. The proposed master site plan will also be approved with a limit of three stories across from the residential areas to the north. ' S, The traffic pattern from a residential development is generally more dispersed throughout the day and night ' and has less impact on peak traffic. Traffic analysis of the current commercial development as compared with the traffic that will be generated by the proposed residential. development, indicates that the proposed land use change may actually reduce LDC Rezoning March 28, 2005 Page 7 of 7 peak hour vehicle trips generated by this property. However, certain traffic operations and management adjustments will be addressed in the, review of the resolution approving the master site plan. PLANNING BOARD ACTION The Planning Board at its September 27, 2004 meeting adopted a motion by a vote of 5 aye and 1 nay (Mr. Mas) recommending approval of the requested zone change with the conditions set forth by staff below. The Board strongly suggested that the developer's contribution related to recreation space should be worked out prior to the issuance of a building permit. CITY COMMISSION ACTION — FIRST READING The City Commission approved the proposed rezoning with the following conditions on first reading at its October 19, 2004 meeting: (1) The applicant shall execute a Development Agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project's PUD Master Site Plan (2) Applicant shall include in the Development Agreement: (a) an agreement that within five years the developer will pay for or produce 3.2 acres of land for public park or recreational purposes; .(b) an agreement that 10% of the multi- family units constructed shall be classified and marketed as affordable housing units. (as modified by subsequent changes to the proposed Development Agreement) the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the City a Unity of Title document,for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. RECOMMENDATION It is recommended that the requested zone change for the property from "TODD(MU =4)" Transit Oriented Development District (Mixed -Use 4) Use District to "PUD -M ", Planned Unit Development -Mixed Use District be approved on second reading with the conditions set forth above, as modified by subsequent changes to the proposed Development Agrreement. Attachments: Distance from Metro -rail Survey (sealed) Application/Letter of Intent /Location map/ Excerpt Planning Board Minutes- 9 -27 -04 Site Plan / Development Plan Copies of Public Notices MD/DOD /SAY EAComm Items12005\3 -28 -05 Special\Rezoning.TODD to PUD -M Abraham Site.doc City of South Miami Application Noe PB -04 -015 Zone Map Change TODD W -4) to PUD -M Planned Unit Development Mixed Use 6600 -6640 SW 57th'AVenue 6364 5351 p p , 6600 p � 5963 5977 6601 O o LM 6350 d 6340 6547 e 6325 u u 0 6373 c► m �a' rn a a m m _ .- 6669 io is w w 10 m D &4t2 911 0 S V`Y 1 {� =� F K r R R i jZ K r i R K R K r r !KKK Russ K 5578 0 Q p 5944 Q 6407 6401 6400 6407 640Q 6401 6400 6401 54DO R s41s 6412 0 0 6429 6425 6443 6411 6410 6411 6410 6411 6470 6411 6410 0 6429 6443 6¢72 D 6443 6442 6446 Q 6421 6420 J 6421 6420 6421 6420 6421 6420 C ■ d 6457 6450 p 2D 6456 6431 Q. 6430 6431 643D 6430 6431 &00. �(- 0 t w °m 6420 ff 6441 6440 6441 6440' J"41 6440 6441 6440 r 6487 0 m t1D Sol 6SDD 6SD1 6SDD 6500 6551 &SOD 6501 SSDS' 6SDD 6501 -6511 6511 6511 6510 Mo. 6511 6510 fA 6549 D 6516 0 6532 Q o 6521 6520 6521 8520 6521 6520 6521 6520 m K 6533 �Sp SSS1 0 6531 6530 6531 6530 6531 6630 Sol 6530 m 5967 6640 s`�r m 0 0 77 0 5875 6540 5643 6540 6541 6540 6541 6540 R o -974 SW 68TH ST R r p p , 6600 p � 5963 5977 6601 O o N fD m d 6547 e u u 0 m � rn c► m �a' rn a a m m _ .- 6669 io is w w 10 m 0 o m �a m v.o 0 0 Z m m m m m m SUBJECT ■ PROPERTY Svv 011H r 6701 R SyaF 5949. •w a w K , K 5950 MR- 6545 5907 a +�.� 61. �,�? ■ s� eQ „p• i S LO r SB1D �p Q� R `�, � s,� s cG ■ m K Q'SD R 69D01 `j 56so, s64z . 5827 v, � 1••r m • w b ce of R c Sao. R N R S93D R Ta - r R m s a 0 300 soo 900 1,200 1,500 Feet -City of South Miami. Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305)-663-6326; . F= (305) 6664591 JUL 2 a. 2004 Application for Public Hearing Before-Planning Board & City Commission Address of Subject Property:6600 — 6640 SW 57 AVENUE Lot(s) Block Subdivision Meets Bounds: PB SEE ATTACHED SURVEY Appliciank Phone: CODINA DEVELOPMENT CORPORATION JERRY B. PROCTOR, ESQ. Address: 200 SO. BISCAYNE BLVD., SUITE 2500 MIAMI; FLORIDA 33131 Property Owner ANTHONY R. ABRAHAM, Mailing Address: 6600 SW 57 AVENUE MIAMI, FLORIDA 33143 Architect/Engineer. ARIS GARCIA Organization: Phone: an Phone: Phone: -305-666-5474 D CoM A"r1f"oK1C1UfM -r^ -ruin mm� I owl w4 1', 1 W I A 81%1 V Omer _X _ Owner's Representative Contract to purchase Optibn to purchase- TenarWLessee 'APPLICATION IS HEREBY MADE FOR THE FOLLOWING:- SUBMITTEDMATERMS.. . PLEASE CHECKTHE APPROPRIATE ITEM, P EASE CHECK oT_ A I�RU�-- Text Amendment to LDC Variance X- Letter of intent -,. X Zones -Map —A.—nifpT2drnent:* -.=� .bstrlcafions4br-change- - • _A• PUD Approval Special Exceptloh • Statement of hardship PUD Major Change. _X_ Proof of•ownership or letter from owner _Other Power of affdmey Briefly akplairi application and cite specific Code sections: Contract to purchase SEE ATTACHED LETTER OF INTENT JC_ Current survey (.1 original sealed and - signed/l reduced copy @ lift x.17#) X 7 copies of Site Plan and.Floor Plans reduced copy @ 11 - x 17- 20% Property-owner signatures Mailing labels (3 sets) and map Section: Subsection: Page #.* Amended Date: k Required Fee(s)' The undersigned has read this completed kpplication and.representq that the information and all submitted materials are true and CoMe the best ot t i1the a knowledge and belief: r.�e _pp Upon receipt applications and all submitted materials will be reviewed for compliance with ffie Land Development Code and other applicable registrations. Applications found not is compliance will be rejected and returned to the applicant OFFICE USE ONLY: Pate Filed • Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment k731901137M#695595V I City of South N amt Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 6664591 Application for Public Hearing Before Planning Board & City Commission Address of Subject ProperV.5757SW 58 STREET Loos) Block _- ' Subdivision P SEE ATTACHED SURVEY Masts & Bounds: Applicant: Phone: ' CODINA DEVELOPMENT CORPORATION Representative: Organization: JERRY B. PROCTOR, ESQ.. Addres s 200 S0.81SCAYNE BLVD., SUITE 2500 MIAMI, FLORIDA 33131 ProperiyOwner: Signature:, COMMF =RCE LANE ENTERPRISES, INC. Malling Address: Phone: (/ 5767 SW 88 STREET MIAMI, FLORIDA 33143 . Arphiieci/Engineer: Phone; 305- 666 -547.4 ARIS GARCIA 173190113707 685396 v l vn r✓ns 9•dR PM AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner. • Ownefs Representative X •Confract to purchase- Option to purchase 'tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING:. • SUBMI77ED MATERLALs ' PLEASE CHECK THE APPROPRIATE ITEM: PLEASE' CHECKALL THATAPPLY: ... Amendment to LDC Variance a �n ent X' Zoning MaD Amendrnerlg �,5pecial Use _ Jus#fications for change. _ X•• PUD Approval _.Special Exception Statement of hardshi p ` proof PUD Major Change. Other of ownership or letter from owner Paw-s r of attorney. Brisfiv explain al5plicagon and cft specific Code sections: _ Contract to purchase . SEE ATTACHED LETTER OF INTENT' Current survey (9 original•setiled and . signed/1 reduced copy @ 1-1 "x'17 ,C 7 copies of Site Plan and Floor Plans reduced copy @ 11! x 17" 20% Property owner signatures X Mailing labels (3 sets)•and map. Section: Subsection: Page # Amended Date: �'. Required Fee(s) _ The undersigned has read this completed-application and represents that the info Mm on and all submitted materials are true and correct to the bestof the ap bcant's knowledge and belief. ' ' AkW cant's gigmatitre and title _ • Upon receipt, applications and all submitted materials �mTl be reviewed for. compliance Land Code Develop' eat - _. m acid or appiicableregistrations. Applieatiois found not in compliance will berg}'ected and returned to thu applicant, . OFFICE USE ONLY: Date Fled Date of PS Hearing Date of Commission Petition•Rsq*ed Petition Accepted Method of Payment 173190113707 685396 v l vn r✓ns 9•dR PM BI -LZIN SUMBERG BAENA PRICE & A.XELROD LLP A PARTNERSHIP OF PROYES510NAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 a MIAMI, FLORIDA 3313E -5340, TELEPHONE: L305)374 -7580 a FAX: MOB) 374 -7593 E -MAIL: 1NFOOSILZIN.COI+S a YfI.MILMX.COM JERRY B. PROCTOR, ESQ. DIRECT DIAL: (305) 350-2361 • EMAIL: Jr�RacTaR�a St121N.coM . July •28, 2004 Eland Deli very Mr. Don 01Donn0ey,.A1CP, Planning Director City of South. Miami 6130 Sunset Drive South,Miarni, Florida 33143 : Re: 'Zoning Application by Coding. Development poratiort. Address: 6600 -.6640 Sam 57 Avenue (Red Road) and-5757 S:W 68 Street. , ear.- _ ..-•.-oY_: Please• aceept the attached. applicatioii for• rezoning and Plan APprova.I of a Planned Unit Development (Mixed -Use) Development on the above-styled-Property'. The undersigned - represents Codina. Development - Corporation (IlCodina 11), Prospective, deveioper of approximately 7 acres of land located at the southwest comer of SW 66 Street and SW 57 Avenue (Red Road). Codina hereby requests a district boundary change from TODD (MST -4) to Planned Unit Development Mixed-Use (PUD,M), and concurrent site plan approval for development of the Property. Enclosed herewith please find the 'requisite ` application fee, City of South Mimi. application forms, . proof of - ownership= of - - ---r ...prap €rti:�'s''t���'s��'ilf'e proP�tiy; = P�il�l� .e`�a.r�in���.b��a�.d'a�fi ��;� -,�; ._ - e r p`e q owner . notification affidavit; common area report, andcopies of the-proposed plans for. the mixed -use development on the Properly. •1732641215311 At 6EMP v I 7128ID4 2:18 PM 4 BILZIN SUM�3ERG BAENA PRICE & AXELROD LLP I& Don O'Donniley, AICP July28, 2004 Page 2 'Pursuant to the City's.Comprehensive Plan.and Section 20- 3.7(e) (Planned Unit Developments -PUD -M Mixed - Use) ;please note.the'following: I. The property is designated for Transit - Oriented Development District (TODD) (P'Iexible Height uP to 8 - sto(les) in the City�s Comprehensive Plan, The Comprehensive Plan provides as follows::- Transit- Oriented Development District (TODD) (Flexible Pleiaht'np to 8 stories). The Transit - Oriented Development District is intended to provide for the development of office uses, office services, office - related retail., retail, retail services, and residential uses in multi-story and • mixed -use prof ectss that are characteristic of tra isit- oriented developments: Permitted heights and intensities shall be set forth in the Land Development Code, including design standards: Zoning regulatiozis shall encourage development within the TODD in conjunction with.limiting new development within. the Special Flood Ilazard_Aiea. The City shall pursue an incentives program forredevelopmenfincluding fie'ble building heights and designs _ standards--ta insure that responsible, effective and aesthetically pleasingproject's result. "The proposed development, as depicted on the attached plans-prepared by -Woltberg Alvarez & Associates, provides retail and residential uses (for rental) and a mixed: use design that con -4 lies. with the spirit and letter of the Comprehensive Plan designation for the property. 2.. The PUD -M Zoning District encourages complementary combinations of uses, including multi- family residential and commercial uses, within 1,20Q feet from any, -_ _ -. �MetroraiL•Station�L3la�e: enclosed_ axLaerial. �gho: togragh .�r�m:Mi.amtDade_CAUbt�.Y..__^. which•indil tes an approximate distance of 1,092'feet between the property and the South Miami Station of N iarbi -Dade County's MetroraR Corridor. BILZIN SUMBERG BAENA PRICE & AxELR0D LLA Mr. Don O'Donniley, AICP My 28, 2004 Page 3. 3. The PUD -M District permits multi- family •residential dwellings, accessory parking lots and structures, and retail stores: 4. The property exceeds. the min;rrrt ?m site area for a PTTD -M development of 4 acres. 5.: he proposed site plari features considerable pedestrian .access and a redud,ed intensity of development along SW 66 Street; adjacent to the residential. community to the north: The proposed intensity of develbpnjent is compatible with the surrownding . area; which includes the large FPL; trausmissio:d faci;Iity to the -West, Fetail and industrial zoning and development to the south and southwegt, and the higher - intensity apartment and Metrorail facilities in the area. Tb.anlc you for your consideration of this apphcatibn.. :. .Very tidy, yours, oe ... .. .. __.. . .. - .... Jerry B. Prorcior JBP•id - ° . Encl. c: Maria Davis, City Manager CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 27, 2004 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag. Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. TI. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present cons g a quorum: Mr. Morton, Ms. GlIDS014 Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann. Board members absent: None City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). M. -Planning Board Applications / PubIic Hearings Chairman Mr. Morton swore in speakers PB -04 -015 (A) Applicant: Codina Development Corp. Location : 6600 -6640 SW 57"` Avenue and 5757 SW 68'h Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO Planning Board Meeting September 27, 2004 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(1VLU4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT gv1IXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT- 6600-6640 SW ' 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE, PROJECT CONSISTING OF MULTI-FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ACTION: Mr. Mann read the item into record. Mr. O'Donniley presented the staff report. Mr. O'Donniley stated that the applicant is requesting a rezoning of a seven acre property as legally described above in order to construct a mixed use project including residential buildings, parking and retail uses with 409 dwelling units and' 12,476 square feet of commercial space. According to the information submitted with the application, the dwelling unit density will be 58.4 units per acre. The floor area ratio for the total proposed project is listed as. 1.54. The complex is be called "Red Road Commons ". He explained'the current zoning on the subject property is "TODD(MU -4)" Transit Oriented Development District (Mixed -Use 4) Use District. The applicant is .�cc+;,,a •� nra change fnr the pmperty to RUD -M,- Planned IInit .DgyVAnntnent- Mixed Use. The current TODD(MU -4) Zoning District permits residential and commercial uses, permits two stories in height and does not limit development with a maximum floor area ratio or units per acre formula. Mr. O'Donniley informed the Board that the Planned Unit Development (PUD) submission is to be considered in two parts. The first is a zone map change. ordinance, which creates the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part, of the zone map change. The second part is the applicant's request for approval by resolution of the PUD master site plan. Specific issues related to building design, landscaping, and other site plan features are dealt with in a companion item. In addition, Mr. O'Donniley provided the following development analysis of the project: 1. The LDC requires that an application for a PUD -M shall be for a project which is on a site of at least 4 acres. The subject application is on a seven acre site. In addition the development site must be within 1200 feet of the Metro Rail station. The applicant states that the project site is 1092 feet from-the Metro Rail station. Planning Board Meeting September 27, 2004 2. The PUD -M allows a limited number of uses which are listed in Section 20 -3.7 (E) of the LDC. It includes retail establishments and multi - family residential uses being proposed by the developer. 3. The Red Road Commons project is an excellent opportunity for the City to encourage affordable housing to be built. The developer should be required to commit at least 5% of the units as affordable housing units. 4. In order to meet concurrency for recreational facilities the developer must specify in a development agreement, that within five years. he will pay for or produce 3.7 acres of land for public park or recreational purposes: Mr. O'Donniley then reviewed a formula that can be used to determine the concurrency costs. 5. The proposed rezoning is consistent with and supports the goals and policies of the City's Comprehensive Plan. ( See No. 1, Development Analysis above). 6. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 7. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA and the "Hometown Plan Area 2 Report", which calls for mixed use development on this site. (p.33) 8. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. In 2002 the Task Force's subcommittee on TODD carried out considerable study on the district. 9. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. Traffic analysis of the current commercial development as compared with the traffic that will be generated by the proposed residential development, indicates that the proposed land use change may actually reduce peak hour vehicle trips generated by this property. However, certain traffic operations and management adjustments will be addressed in the review of the resolution approving the master site plan. The Chairman then called upon the applicant to make a presentation. (Applicant's representative) Mr. Jerry Proctor, Esq Mr. Aris Garcia (Architect) Mr. Marcel Morlote Mr. Tim Plummer Mr. Jeremy Shapiro Planning Board Meeting September 27, 2004 Mr. Proctor began his presentation on the request for rezoning and plan approval of a Planned Unit Development (Mixed -Use) Development for the address 6600- 6640 S.W. 57 Avenue (Red Road and 5757 S.W. 68 Street. He added that Codina Development Corporation ("Coding".), the prospective developer requests a district boundary change from TODD (MU -4) to Planned Unit Development Mixed -Use (PUP -M), and concurrent site plan approval for development of the property. Furthermore, he stated that the-PUD -M Zoning District encourages complementary combinations of uses, including multi- family residential and commercial uses, within 1,200 feet from any Metro -rail Station. He also indicated that the proposed site plan features considerable pedestrian access and a reduced intensity of development along SW 66 Street, adjacent to the residential community to the north. The proposed intensity of development is compatible with the surrounding area, which included the large FPL transmission facility to the west, retail and industrial zoning and development, to the south and southwest, and the higher - intensity apartment and Metro -rail facilities in the area. Mr. Aris Garcia the architect for "Red Road Commons," explained to the Board in- depth the project's PUD submittal. He presented the site plan and zoning analysis, numerous comprehensive floor plans, elevations and survey. Mr. Morton then opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE i-N t 4A T-Gker 6555 SW 78th TeX Supported - Mr. Tucker believed that this project can be beneficial to the c_ ommunity and that the City will make this project work. Jay Beckman 6520 SW 65 St. - Mr. Beckman stated his concern for the protection of green space in South Miami. Rev. Gregory Gay, Sr. 6461 SW 59th Place Supported Mr. Gay, Sr. agreed with the project and was looking forward to having it in the community. Ed. O'Reilly 6640 SW 48 St. Opposed Mr. O'Reilly opposed the application and did not support this project because of the potential influx of traffic. Larry Kelly - Supported. Mr. Kelly supported the application and believed that the project would benefit a lot of people in terms of work for the residents in the area. Yvonne Beckman 5871 SW 83Td St. Opposed Ms. Beckman did not agree with the building heights of the proposed project. Planning Board Meeting September 27, 2004 Beth Schwartz 6931 SW 62nd Ct. . Opposed Ms. Schwartz urged the Board to consider the traffic build -up that may be caused by this project and did not agree with the building heights for the project. Mr. Morton closed the Public Hearing. Motion: Mr. Comendeiro made a motion to recommend approval of the rezoning request, subject to the following four staff conditions: (1) The applicant shall execute a development agreement which must include the conditions set forth below and in the staff report pertaining to the requested zone map change and shall incorporate all conditions which may be adopted as part of the approval of the project's PUD master site plan (the PUD Master Site.Plan is a separate item to be adopted by resolution.) (2) The applicant shall.include in the development agreement: (a) an agreement. that within five years the developer will pay for or produce- 3.7 acres of land for public park or recreational purposes. (see attached recreational concurrency formula), (b) an agreement that 5% of the multi- family units constructed shall be classified and marketed as affordable housing units. (3) The applicant shall provide evidence of concurrency compliance by submitting to the city the appropriate documents needed to prove concurrency with water, sewerage, schools, and solid waste. (4) The applicant shall provide to the city a unity of title document for the subject development site; the unity of title shall be prepared and filed in accordance with Section 20 -5.16 of the South Miami Land Development Code. Ms. Yates seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Illas ) COU Mondayr;Matclit.•2B'' 2i MIAMI DAILY BUSINESS REVIEW tj CITTORSOUTHM f . A •;'1 Mce.'t Published Dag except Saturday, Sunday and ;;O .y Legal Holidays Miami, Miami•Dade Cvjnty, Florida Has PUBILA51AWi" Review tWa Miami Review, a daily (except Saturday, Sunday Chamb�11Sbuth'Mattil STATE OF FLORIDA 'NOTICE'[S'HE ftWgiven that the CW.CqtnrAssIq*P 0 thi'r i6i'_ '.Mot I� OF RAI A KAI-DADE: Mlaihl; Fl6fideirIv011.•hold a Saiiial 'City 6iii i�i oh'* fig.','Q6n: COU Mondayr;Matclit.•2B'' 2i Before the undersigned authority personally appeared -hadrings to e6fltjder let O,V. FERBEYRE. Who on oath says that he or she Is the 'proposed s Planpbd ',.Un CorTurlieW. SUPERVISOR, Legal Notices of the Miami Daily Business Streev.....T. h Review tWa Miami Review, a daily (except Saturday, Sunday Chamb�11Sbuth'Mattil and Legal Holidays) newspaper, published at Miami In Miaml-Dade County, Florida; that the attached-copy-of advertisement - sheend Reath tm' being a Legal Advertisement of Notice In the matter of AN ORDINANCE REOUEST CITY OF SOUTH MIAMI PUBLIC HEARINGS 3/28/2005 CFiANGINO THE- In the XXXX Court was published In said newspaper 1n the issues of (MIXER tiSE.4) -tl mE*r44ixEb,-ijsf 6646. A'W" 03/18/2005 CONS .. ' T-RUCT-10 g Affiant further says that the said Miami Daily Business USESANPAPART TIONS, OF APPROI1 Review is a newspaper published at Miami in said Miami-Dade OF CoNdukRtft County, Florida and that the said newspaper has PROVIDING-Ofiok heretofore been continuously published In said Kaml-Dads County, -PROVIDING AN EF Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post AN CiRiINXN6g'c' office in Miami in said Miami -Dade County, Florida, for a r OF *W;dqy';Pf period of one year next preceding the first publication of the DEWL0,PMENT.ol sTAT.E'tt&ijii'i attached copy of advertisement and affiant further says that he or OPMENT- MIXED t she has neither paid not promised any person, firm or corporation COMMONS LOOK any discount, rebate, commission or refund for -the purpose, of securing t advertise . for publication in the said BUILDINGS OF Ul newspa THE "FOLLOWING RESIDENTIAL UNI PARKING' QARA( PROVIDING FOR F Sworn to and subscribed before me this 18 day ofMARCH A.D. 2005 A RES6 ioh..ti bfASEERSITE 1:11 . . . . . . . . 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'RIEN ®S AND NEIGHBORS at 1-1:30 a.m. Satur- W Matriot Hotel, I Ave. lascual Martinez n Carolina Luria the event which a "Cosmic Craze" trticipants will ldren from new - years old wearing a retailers includ- and Jack, Bognar ti, Bop'Meets Girl, 'etit Choux,• Oilily am There is a $50 a fee per child ckets range from 1 and tables of 10 e: For more infor- for ticket's, call ,796-268-1822. MEETING omi chapter. of rill have its meet- at 8 p.m. April D .winds clubhouse, 112th Place and .ail Drive. peaker Barbara subject will be ft. e information, call )iss, 305 -274 -0197. I TREATS rman American of Greater Miami > annual-luau from idnight,Aprii 16 at ise,11919 SW 56th ian chicken and all the trimmings ffered and The wR1 play for danc- s is $10 and dinner oval $10. For more It, call 305 -553 -8587 123: SHIP GIFT 4CA of Greater ; been awarded i Youth Sports )s from the Kiwa- �f Miami's Youth k, The Zee Memo- rial Fund, part of the founda- tion, provides needed funding for Miami's youth programs, including those at the Y. The YMCA is one of six organizations to receive fund- ing for 2005. The Y will use the grant to provide sports scholarships -for more than 150 youngsters between.the ages o£4 and 17 from Iow -in- come •communities. The grant targets Y recre - ational programs including flag football, soccer, basket- ball, karate and cheerleading in the communities of West Dade, Hialeah, Medley, Miami Springs, Hialeah Gardens, Virginia Gardens, Carol -City and Miami Lakes. Other grant recipients are the Children's Resource Fund ($8,500) to provide 45 special needs children ages 3 -5 with'• Music/Dance • movement classes and Karate; Perrine Baseball and Softball AssoeiZ tion ($7,500) toward capital improvements at Franjo Park; Glades. Baseball and Softball League, Inc. ($7,000) for field and facility upgrades and to purchase uniform.shirts and caps for over 300 youths; Shake -a - Leg ($5,500) to fund water sports programming and supplies for individuals with disabilities and for at- risk youth; and the Boys and Girls 'Club ($5,500) to provide more'than 500 boys and girls with uniforms, equipment and supplies at the Kendall -Boys and GIrls Club. For more information • call toll free 1- 877 - WOW -YMCA. (1-877- 969 - 9622). If you have news for this column, please send it to Bea Moss, Friends and Neighbors, Neighbors, 7300 N. Kendall Dr, Suite 200, Miami, FL 33M or fax to 305-671-4350. Pictures cannot be returned. If you have questions, call Bea Moss at 305- 671 -4341 and leave a mes- sage. Her e-mail address is Beaone @aoLcom. . . Kind of like a weather report for entertainments t Subscribe to The Repoli now. Gall 1 -sou- 441.0444. Tom between a Caribbean cruise and river rafting? Reset Travel S®ilertiirmsss in Sunday's Herald. �- - COURTESY NOTICE CITY OF SOUTH MIAMi, FLORIDA On Saturday, April 9, 2005, beginning at 9:30 a.m., in the City Commission Chambers, 6130 Sunset Drive, the' City Commission will hold at its special meeting Public Hearings to consider the following items: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE- ZONING. USE DISTRICT *FROM 1 TODDIMU -4j ", .TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE-4) TO "PUD -M "' PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY. . ,AN ORDINANCE'ADOPTiNG A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT MIXED USE PROJECT KNOWN AS RED } ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT- WILL INCLUDE BUILDINGS OF UP TO FIVE ( STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, AND A PARKING GARAGE. AN ORDINANCE CREATING SEC. 2- '26.11 ENTITLED 'THE AFFORDABLE HOUSING ADVISORY COMMITTEE." AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SiGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED ,SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT. AN ORDINANCE PROVIDING FOR LONG -TERM MANAGEMENT AGREEMENT WITH MONTANA/, MCLEAN TENNIS, INC. FOR TENNIS SERVICES AT DANTE FASCELL PARK. AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS; APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR STORIES AND ANY AND ALL RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER ZONING CHANGES. AN ORDINANCE ESTABLISHING A NINE -MONTH TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN A DISTANCE OF 100 FEET OF A SINGLE - FAMILY RESIDENTIAL ZONED PROPERTY LINE. A RESOLUTION APPROVING A MASTER SITE PLAN. AND DEVELOPMENT PROGRAM FOR" CERTAIN PROPERTY iN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE. SPECIFICALLY LOCATED AT- 6600.6640 SW 67 AVENUE AND 5767 SW 68 .STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PU13UC INFRASTRUCTURE AND LANDSCAPING. SPECIAL NOTE: Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the Information set forth above the proposed project will. be built on a seven acre tract of land and will have a dwelling unit density of 58,3 units per acre and a floor -area -ratio (FAR) of 1.54. The estimated population density of the project Is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address shown above. A RESOLUTION RELATING TO A•REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE . LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS-3" SINGLE- FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5890 SW 84 Street, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW ESTATES. A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR !HD -011" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 6860 SUNSET DRIVE. _ inquiries concerning the above two items should be directed to the City Clerk's office at 305- 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Men6ndez City Clerk to Florida Statutes 286.0108; the City hereby advises the public that if a person decides to appeal any decision made by thIF iency or Commission with respect to any matter considered at Its meeting or hearing, he or she' will need a record of ft Ts, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which dudes the testimony and evidence upon which the appeal Is to be based. ♦► 6 ♦ i v i'Y''N i i'a t 0•i r�'.4t 1e45 Y v 0 i'4'L +�'•�'''owdx Q, i''Y'M �' ">~ =p.v f e r. t 4 b �* f; *W*6 i Y'PY, . p *La n n e Vil, vo. SKETCH rr SW 63RD UUU DADS COUNTY QSOUT IAMI� 64� 66TH ST h [S:W 70TH �1 SW 67TH ST SW 68TH ST PROJ. NO: 2004 01T ( DATE: 03 -23— M Arturo A. Sosa Surveyor and Mapper 2629 State of Florida DRAWN: SS I CHECKED: AAS SCALE: NTS L UDOVICI & ORANGE RED ROAD CONSULTING ENGINEERS, IN' COMMONS 329 PALERMO AVENUE, CORAL GABLES, FLORIDA 33134 • 305/448 -1600 a LB 1012 ORDINANCE NO. 12 - 0 5 -18 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE -AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO ' FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 407 >MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in 2004 the Codina Development Corporation proposed the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street and would include residential buildings, parlang and retail uses with 407 dwelling units and 12,476 square feet of commercial space ; and WHEREAS, the City Commission at its April 9, 2005 special meeting amended the Official Zoning Map of the City by changing the zoning on properties located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use-4) Use District to the "PUD -M" Planned Unit Development - Mixed Use. District said rezoning subject to the conditions specified in Section 2 of Ordinance No 11 - 0 5 -18 3 � and. WHEREAS, the City Commission at its 4 9 , 2 0 0 meeting approved a master site plan and development program for a PUD -M - Planned Unit Development - Mixed Use project on property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street subject to conditions specified in Section 2 of Resolution No 48- 05- 12027and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, Codina Development Corporation has proposed the execution, of a development agreement with the City of South Miami pertaining to the mixed use project entitled Red Road Commons located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street which agreement would set forth all of the conditions and commitments required by the City resulting from the approval of the PUD -.M rezoning and the Master Site plan; and WHEREAS, the Planning Board at a special meeting on January 5, 2005 after a public hearing; adopted a motion by a vote of 5 aye I nay recommending approval of the proposed Development Agreement subject to specific revisions and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMN USSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit "A" and dated March 22, 2005 between the City. of South Miami, Florida, and The Codina Development Corporation pertaining to the construction of a mixed use project entitled Red Road Commons which project would be located at 6600- 6640 SW 57 Avenue and 5757 SW 68 Street is approved. pjl Ord. No. 12 -05 --1834 (2) Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of // , 2005 ATTEST: APPROVED: CITY CLERK MAY/ R 1't Reading- 3 /7/05 2 "d Reading= 4/9/05 (as amended) ND APPRO AS TO RM: ITY ATTORNEY Attachment: Exhibit "A" Development Agreement COMMISSION VOTE: 4 -0 Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar Yea E: \Comm Items\2005\2 -23 -05 Special \Rezoning -TODD to PUD -M Ord.doc_ South Miami.. CITY OF SOUTH MIAMI AR•MteticaGitli OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor . Date, April /, 2005 & Commission Members AA ITEM No. From: Maria Davis Q Re:.Development Agreement ent City Manager Codina Development Corp. 6600 -6640 SW 57 Ave. ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH M LMIM, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163 -3221 FORA PLANNED UNIT DEVELOPMENT- MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68_ STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 407 MULTI - FAMILY RESIDENTIAL. UNITS, RETAIL USES, OFFICE USES AND A PARKING. GARAGE; PROVIDING- FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a Development Agreement for 'a 7.01 acre property. as described above. The proposed development to be called "Red Road Commons ". will include residential buildings, parking office uses and retail uses. A total of 407 dwelling units and 12,476.. square feet of commercial space will be constructed in one phase. The Development 'Agreement is the third element of the applicant's approval process for a proposed mixed use planned unit development project. The first element was' a request fora zone. map change to create the PUD -M. on the City's official map. The second part is the approval of a specific master site plan for. the project. The applicant has indicated consent to. entering into .a . Development Agreement with the City which would make legally enforceable all of the PUD' conditions and requirements set forth by the. City as part -of its approval of the zone map change and the master site plan. STATUS OF APPROVAL ELEMENTS PUD -M Zoning Map Change: The application to amend the zoning map from TODDW -4) to PUD -M for the subject property Development Agreement March 28, 2005 Page 2 of 4 was recommended for approval with four conditions by the Planning Board after a public reading at its September 27, 2004 meeting. The City commission conducted a public hearing on the amendment ordinance on October 19, 2004 and approved the ordinance with the recommended conditions on first reading. The application was subject to. a second public hearing on November 16, 2004 and March 7, 2005.. On each occasion action on the zone map'change application was deferred. PUD -M Master Site Plan The application to approve a Master Site plan for the subject property was recommended for approval with. 15 conditions by the Planning Board after a public reading at its October 12, 2004 meeting. The City commission conducted a public hearing on the site plan at its November 16, 2004. and March 7, 2005 meetings. On each occasion action on the master site plan application was deferred- Development Agreement As required by the Local Government Development Agreement Act, two public hearings must be field by the City with mail notice and newspaper ads.. A public hearing on the proposed Development Agreement was held by the Planning Board at a special meeting on January 5, 2005. The City Commission, at a special meeting on March 7, 2005, approved the Development Agreement on first reading with several amendments. DEVELOPMENT AGREEMENT REGULATIONS Florida State Statutes 163.3220 -3243 (Florida Local Government Development Agreement. Act) sets forth the authorization: and procedures for a local governments if they intend to enter into an the development program. and all of the related conditions as approved by the local government will be implemented. SORIARY-OF DEVELOPMENT AGREEMENT The following is a summary of major provisions in. the proposed agreement: • The property will be developed in one phase and in accord with the adopted master site plan adopted by and on file with the City (p. 2- No. 1 d, 1 e }; • hi, order to respond to the City's concurrency standard the developer agrees to pay to the City an $838,000 fee for park and.recreation facility expansion; if the City buys land at a higher price the developer will pay up to $300,000 per acre for a demand of 3.2 acres. (p. 2- No. 2d); • The developer agrees to construct a left turn lane into the project from Red Road, including median landscaping (p.2-3, No.2e) The developer agrees to reserve 10 %o of the residential units for affordable housing group rentals (p.3 - No. 2f); and to provide $100,000 for additional off site development of affordable housing;. Development ,Agreement March 28, 2005 Page 3 of 4 All 15 of the conditions approved by the Planning Board as part of the master site plan review are contained in No. 5 (pp.3 -4); The developer sets forth a special donation to be used for public schools in the City of South Miami (p.5 -. No. 6)- The staff has reviewed the development agreement and. has determined that it contains all of the commitments made. by the developer as part of the zone change and master site plan approval process. PLANNING BOARD ACTIONS The Planning Board at a special meeting on January 5, 2045, after a public hearing adopted a motion by a vote. of 5 aye I -nay (Mr. illas) recommending approval of the Development Agreement subject to the following 11 modifications: 1) Page 2, Item 1(b) the word "may" will be replaced with the word "shall." 2) Page 2, Item 1(d) needs to include the square footage of the commercial space. 3) Page 2, Item 2(d) in regards to the total. amount of $838,000 this amount, which is donated by the applicant to the city can be in the form of a bond or a letter of credit or security. 4) Page 3, Item 2(f) Housing- five (5) .percent is to be replaced by `�xp to ten (101 percent" of the units shall be made available to the affordable housing group; if the project is converted to con omuuums e s e pe cen 5) Page 4, Item 5(e) the sentence should read as the following: "Applicant shall provide stop, locations on or adjacent to the site for service by the HurryCane shuttle and should not interfere with SW 57 Avenue traffic and attempt to coordinate with the South Miami. Trolley system. 6) Page 4, Item 5(f) the word "should" will be replaced with the word "shall." The section that refers to the applicant, providing trees on city property will now read: ' "the applicant must provide a row of 12' high trees or trees with heights agreed upon by the parties, and provide trees with a minimum of 6 inches in caliber as well as provide 25 trees of various types and a few oaks trees on City property located between the FPL facility and the South Miami Community Center: 7) Page 4; Item 5(g) applicant shall provide and maintain a six -foot high CBS wall between the project and.the remaining service station. 8) Page 4, Item 5(k):in regards to the fa11 yard dumpsters the actual dimensions of the dumpste.rs must be provided. 9) Page 4, Item 5(I) sentence needs to be expanded in order to include all street improvements. Development ,4greement March 28, 2005 Page 4 of 4 . 10) Page 4, Iterp 6, the term "regarding purchases" shall be deleted from the second sentence in the paragraph. Also, the addition of the term that the applicant agrees to donate $34, 800 to the school board and shall be contributed upon 'the issuance of the first certificate of occupancy (CO). The section should also allow the funds to be escrowed and spent at an appropriate time. 11) Page 7, Item 16 needs to incorporate that if on the portion of the property that is failing to comply with this development agreement the City of South Miami is authorized to refuse certificate of occupancy (CO) and any inspections or grant any approvals, with regards to that portion of the property until such time as this Development Agreement is complied with NOTE: The revised Development Agreement submitted by the apyHeant is dated 3/22/05 and is attached. It does contain all but two of the modifications suggested by the Planning Board as listed above. Items Nos. 2 and 10 are minor amendments which were not included as suggested by the Board. RECOMMENDATION It is recommended that the City Commission approve on second reading the attached proposed Development Agreement as modified. Attachments: Draft Ordinance Planning Board Special Meeting Minutes I-5-o5 Fl. State Statute 163.3220- 163.3243 Public notices MD/DOD /SAY B:1Comm Items\2005\3 -28 -05 SpecialMevel Agree Red Rd Commons Report.doc This instrument prepared under the supervision: and when recorded return to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131 -2336 DEVELOPMENT AGREEMENT (Space Reserved for Clerk) This Development Agreement is made as of this day of 2006, by and between The City of South Miami, Florida, a municipal corporation ( "City ") and Codina Fairfield I, LLC ("Applicant.).. Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on the Applicant, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ( "Development Agreement ") is released in writing as hereinafter provided; WHEREAS, Applicant has a contract for ground lease of the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property"), and WHEREAS, on July 22, 2004 Applicant filed an. application with the City to rezone the Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain'site plan approval (the "Application'°), and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 — 163.3243, Florida Statutes, (the "Act ") provides for the execution of development agreements to insure that the law in effect. at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement. NOW, THEREFORE, in consideration. of the covenants, conditions, and promises herein contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the City hereby agree as follows- MIAMI 819310.11 7326021531 Permitted Uses, Densities; and Intensities. Pursuant . to the provisions of Chapter 20; Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in substantial accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. e. Development of the Property shall be in one (1) phase. 2. Public Facilities: In order to enhance public facilities in the City of South Miami; Applicant agrees to provide services in compliance with Section 20 -4.1 of the Code of the City of South Miami, including: a. Water and Sewer services that comply with all requirements of Miami -Dade County for any building pri or to issuance of a finial Certificate of Use and Occupancy. b. Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to pay for a 3.2 acre proportional share of the City's contract price of a larger parcel of land for park use, .or provide 3.2 acres of land acceptable to the City for a public park. In the alternative, the Applicant may provide notice of intention to make a "substitute payment'.' based on the average sales price of residential- property in the City over the last year as described in writing by City by December 15, 2005, The Applicant's payment shall be made in one lump sum on or before the issuance of the first building permit for construction of any residential units on the Property. In the event.that the Applicant declines to pay for the 3.2 acre proportional share, pay for land acceptable to the City or tender a substitute payment as provided for in this paragraph, then the application for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant with no change in zoning to the. Property e. Traffic- Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -turn, northbound entrance lane on Red MIAMI 819310.11 7326021531 2 Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. f. Housing — A requirement -of ten percent (10 %) of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to condominiums, ten percent (10 %) of the units will be sold to individuals or families in the moderate income segment of the affordable housing group. In analyzing compliance with this paragraph, the City shall allow minor deviations resulting from short-term vacancies. Incomes shall be based on Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban Development. Proof of Compliance with this requirement on an annual . basis shall be provided in writing on or before January 15 of the following year to the City Manager. In addition, the Applicant shall make a payment of $100,000 to the City on or before the issuance of the first certificate of use and occupancy for the development on the Property, to be placed. in a City trust fund to assist in the development of low income housing in the City's Community Redevelopment Agency area. 3. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Millage Taxes from Miami -Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This provision shall not abrogate any of the Property Owner's rights to file appeals of Tax Assessments for the Property, in accordance with the laws of Miami -Dade County. . 4. Work Force: In an effort to *enhance job opportunities for local citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Community Redevelopment Agency Director of the City. of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (1) bids', for construction work on the Property, (2) bids for, temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants from the City of South Miami, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the MIAMI 819310.11 732 6021531 Property. Payment for the positions shall be at Applicant's sole expense and shall be commensurate with similar job levels and responsibilities in comparable industries. 5. Site Plan. a. Applicant shall retain ground water run -off in accordance with City regulations. b. Applicant shall provide on site security. As part of on site security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate to the proposed parking garage and make arrangements to assure emergency access by public safety vehicles. C. The entrance at Levante Ave. shall be signalized and approaches installed based on approval by Miami -Dade County and the State of Florida Department of Transportation. d. The exit'for the driveway onto SW 66 Street shall be designed and operated as a right turn out only driveway. The exit shall be closed with a gate to prevent turn out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday. e. Applicant shall provide a minimum of one (1) stop location on site for service by the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57th Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with the City of South Miami shuttle pick -ups to minimize traffic impacts. f. Applicant shall provide and maintain landscaping acceptable to the City between the FPL facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6. inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Community Center shall be uniform in appearance and consist of not less than 25 trees in the row. g. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station.. h. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. i. Applicant shall provide a master signage plan for project identification, traffic, routing, and retail stores prior to final project approval by the Environmental Review and Preservation Board (ERPB). j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity at an 18 inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. MIAMI 819310.11 7326021531 4 k. Applicant. is to assure that the refuse service areas shal l be large enough to accommodate adequate dumpsters. The final number and dimensions of service areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval, stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. All parking and street improvements placed on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from a maintenance bond to be posted prior ' to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. M. Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. n. Applicant shall install all sidewalks as shown on the adopted master site plan. o. Applicant shall open up the paseo on the north side as shown on the amended site plan, as approved by the Planning Board, in order to break up the long facade. of the residential building. P. Applicant and the City shall agree on the number of locations of the loading zones prior to the final approval of the Development Agreement. The dimensions and Iocations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the City may eliminate - the on- street parking spaces-located on SW 66 Street. r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5q, requiring removal of on- street parking on SW 66 Street], through a combination of parking garage, a small surface lot, and on -site street parking.,, S. The Applicant will commit to participate in a joint working group with the First Methodist Church of South Miami and municipal, county and state agencies to devise a plan mutually agreeable to Applicant and the First United Methodist Church of South Miami, for pedestrian improvements and beautification for Red Road. Applicant will contribute the construction cost of specific pedestrian enhancements agreed upon by Applicant and the First United Methodist Church of South Miami. The Applicant will present plans for traffic permits indicating travel lanes of 10.5 feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced "landing zone" for pedestrians in the ,center of Red Road between the Property MIAMI 819310.11 7326021531 5 and the First United Methodist Church to the east, subject to the approval of Miami -Dade County and the State of Florida Department of Transportation. t. The Applicant shall not exceed a noise level equal to the ambient background level at 10:00 P.M. at a location adjacent to the Property to be selected by the Planning Director; said location may change from time to time. U. The Applicant shall obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800. to the Miami =Dade County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years ' of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund programs, purchase materials (such as additional computers) or in any manner that the School Board and the City determines will enhance the curriculum and the students' attending the subject school's educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. 7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1), City Code. NOW THEREFORE, the City, in consideration of the premises, hereby agrees as follows: 8. Vestin;. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning, application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the Master Plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Applicant of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. MIAMI 819310.11 7326021531 6 9. Impact Fees. The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. 10. Concurrence and Consistency. The Application together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for "site plan approval meets all concurrency. regulations enumerated in Section 20 -4.1 of the City Code, and that the rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. Additional Requirements: 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period of ten (10) years after the date of such recordation, after which it may be extended by mutual .consent of all legal and equitable owners of the Property, and the, City of South Miami upon approval at. a public hearing. 12. Annual Report and Review. It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met. and the date finalized, as good faith compliance with the terms of the agreement. The City Commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the City shall provide the Applicant with a fifteen (15) day written notice and opportunity to cure the non - compliance. The Applicant shall have -45 days after the expiration of the 15 -day notice period to begin to cure the non - compliance, after which the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated, 13. Modification. The provisions of this Development Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instrument executed by the then owners of the Property and the City. Any .modifications to the Site Plan must comply with the regulations for amendment to PUD -M development contained in Chapter 20 of the City Land Development Code. 14, Enforcement. The City, its successor or assigns, and the Applicant, its successors and assigns, shall have the right to enforce the provisions of this MIAMI 819310.11 7326021531 Development Agreement. Enforcement shall be by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. Attorney's fees payable under this paragraph shall not exceed 25% of the judgment. 15. Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. The Applicant, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. 16. Authorization to Withhold Permits and Inspections. In the event the Applicant {s} is /are obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the Property until such time this Development Agreement is complied with. 17. Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. b. This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its terms. C. There are no actions, suits or proceedings pending or threatened against or affecting Applicant before any court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. e. Applicant has the financial capacity to pay or advance in the City all fees and payments as required under this Agreement. MIAMI 819310.11 7326021531 18. Severability. If any provision of this Development Agreement or the. application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 19. Joint Preparation. This Agreement has been drafted with the participation of the City and Applicant and their counsel, and shall be construed against the Applicant in issues of draftsmanship. The captions of each article, section and subsection. contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items or terms are included without limitation as to any other items or terms which may fall within the listed category. 20. Binding, Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement.* 21. Captions and Headings. 'Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 22. Applicable Laws, Jurisdiction, and Venue. This Agreement shall be governed. by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This Agreement may be enforced -as provided in Section 163.3243, Florida Statutes, Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami- Dade County, Florida: 23. Notices. Any notices or reports required by this Agreement shall be sent to the following: For the City: City Manager City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Copy to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 MIAMI 819310.11 7326021531 9 For the Applicant: Codina Development Corporation Attention: Kolleen Cobb, General Counsel 355 Alhambra Circle, Suite 900 Coral Gables, Fl. 33134 [Fairfield Entity] , 2045 N. Highway 360 Grand Prairie, Texas 75050 Attention: Bay Miltenberger and Glenn D. Jones Facsimile: 817- 640 -9499 Copy to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Suite 2500 Miami, Fl. 33131 24. Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant; agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other, than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 26. Survival. Any covenant, term or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any such termination including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. 27. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then, in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations, and warranties, express or implied, oral or written, of MIAMI 819310.11 7326021531 10 the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written have been made by any party to the other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, discussions, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the -subject matter hereof, are waived, merged herein and superseded hereby. Each party affirmatively represents that no promises have been made to that party that are not contained in this Agreement,. and the Exhibits, and stipulates that no evidence of any promises not contained.in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 30. Recordation. Within 20 days after the Development Agreement has been signed by both the Applicant and the City, the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. 31. Exhibits. All exhibits attached hereto contain additional terms of this Agreement - and are incorporated herein by reference. 32. Effectiveness. This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. The approval of the applications for rezoning and site plan approval and of the application for approval of this Development Agreement; shall not become effective until the Park donation is established and agreed upon by the Applicant and the City in accordance with Paragraph #2d. If the Park donation is not established in accordance with Paragraph #2d, the applications for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant. IN WITNESS WHEREOF, these presents have been executed this day of , 2006. MIAMI 819310.117326021531 - 11 IN WITNESS WHEREOF, the undersigned party has agreed to this Development Agreement dated as of the � day of 0eA j3t r , 2006. STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADE ) Coding Fairfield I, LLC, a Florida limited. liability company By: Codina Residential, Ltd., its Managing Member By: Codina Residential, c., its General Partner ��!/ % /�e'l Name: . IN, , 1 The foregoing instrument was acknowledged before me this q day of Oehbar , 2006, by Jose Hevia, as Vice President of Codina Residential, Inc., as general partner of the Codina Residential, Ltd., as Managing Member of Codina Fairfield I, LLC, on behalf of said company.. He /She is personally lrnown to me or has produced a State of driver's. license as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank): [NOTARY SEAL] �v Ana C. Lopez 'P My commission WNW X4, E%plfeSpptil03.2007 MIAMI 819310.11 7326021531 12 ACKNOWLEDGMENT AND ACCEPTANCE. BY CITY OF SOUTH MIAMI KNO WALL MEN BY THESE PRESENTS that: The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms and provisions contained therein, dated and attached hereto. DATED this —ZJq day of Laey-,2006.- CITY OF SOUTH I By: Yvonne S er- McKinley City Manager ATTEST: CLERK Maria M. Menendez STATE OF ) S S COUNTY OF ode) A foregoing instrument was acknowledged before me this day of 2006. by of the City of South Miami: and attested to by �iq A, -a City Clerk, of the City of South Miami who are (IS) personally known to me or.-) produced a valid driver's license as identification. — My Commission Expires: Notary Publicr: Sign Name: ' \ Print Name: Maria M. Menendez Serial No. (None, if blank): - W IAL SEAL MARIA M. MENENDEZ MY COMMISSION # DD 271979 EXPIRES: March 16, 2008 RY FL NOW/ Discount ASSOC. Co. MIAMI 819310.11 7326021531 13 F 1 1 rw Y h S � 7 � fr S a i MIAMI 819310.11 7326021531 14 EXHIBIT "A" LEGAL DESCRIPTION COMBINED LEGAL DESCRIPTION OF ENTIRE LAND: Parcel-1: All of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less the South 475.657 feet of the West 100 feet, and less also the East 150 feet -of the South 330 feet, and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East 75 feet of the West 175 feet of the South 125 feet of said Tract. Parcel 2: The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. Parcel 3: The North 132 feet of the SE %4 of the NE' /4 of the SE'/ of Section 25, Township 54 South, Range 40 East, Miami -Dade County, Florida, less the North 25 feet of the North 132 feet of the SE' /4 of the NE % of the SE %4 of Section 25, Township 54 South, Range 40 East. Parcel 4 That part of the SE '/4 of the NE %a of the SE '/4 of Section 25, Township 54 "South, Range 40 East, described as follows: Begin at the SE corner of said SE '/4 of the NE %a of the SE 1/4; thence run West along the South line of said SE '/ of the NE '/4 of the SE '/ for a distance of 185 feet for a Point of Beginning; thence run North parallel to the "East line of said SE' /4 of the NE' /4 of the SE '/4 for a distance of 150 feet; thence run West parallel to the South line of said SE %4 of the NE '/ of the SE %4 for a distance of 100 feet; thence run parallel to the East line of said SE '/4 of the NE '/ of the SE % for a distance of 150 feet to the South line of said SE' /4 of the NE %4 of the SE %4; thence run East along said South line of the SE %4 of the NE' /4 of the SE'/ for a distance of 100 feet to the Point of Beginning, less the South 25 feet for public road purposes. Parcel 5: The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. {FT212184;15) Parcel 6: A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, more particularly described as follows: That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section .25, Township 54 South, Range 40 East, described as follows: Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet; thence run West parallel to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence, East along said South line of the Southeast Quarter of Northeast Quarter of Southeast Quarter fora distance of 75 feet to the POINT OF BEGINNING, Less the South 25 feet for public road. 1=2184;15} -2- EXHIBIT A Legal Description of Land z a L�Lr 44. w a ° O O "at LsJ LLI F- C7 20 `t tL zLL. tALAI LL) Cam? r ¢ La! U W�Q O La w S w p� -C- w IX h +n to t� w W LL U Ea- O � Z UI � Z O rJ Lll LeJ LO U . (Y_ LL- �" r it Ca d ti Lal Lt! (n S LL) �, w w o o ca n ILL. LLJ L� I o .- 'z 4 a w a o° O Z o L,JJ ten'' www f-U �F� -tuw QO at-j -J L�J N (n w- Q <x UL � CL Cl z� ZZ °�tacnWD Obi -F- }C3. Q� Vh 0LL0W t U' �W, LU LL-i3 NU) z o ¢ - r-Q ^a d F- 0 -J O vp�tip w05 wrr) -< '� a Lli C7��wF- �r- t�n���'`LttZO d�Q w NID F �'-� �_JQS LL O 0 -t R � IAJ O Z E j p .1 CL_ 5 Cel O .•- O l- - � X X Q}- t j w aA � LLI J d w� iJJ d Z a k-- V► it r' z O I.- IL w x in W F- 0 • U. p � f--- � LiJ O= O CL U. C4 tom- Lx � � w � O 4 w AC � Z fn F- w O LL. O Ls. LL d S w O tsJ LJ i" Q 0 LU< � � W ZQZZLLU1z-F=- aOc1V)� i`r- j cn wwz�� <cncn ' z� r- � cr 0 3t z �x.. C° =rte -- i~n n -i cn w[.,J:E 0 ��h0 �O-W�L7�`nz �-- r`' L� WCL 3: C C o<" 10 ozoz F- d w LLJ O s„ z w w to z r LL- -J (3 La a4wv �MU� z°w�m LL. LAJ V) YJ Q V w� P d L, "�! p M L� 3Ai Z jr L F- o <06<< a W? o = La1 0 a h V a ILL' FQ- w 0 z z CQ � t!L Z ! _' d Z i-- O Z w 0)! O t13 v E, -1 ti �� :z (n w 4 L�3Z4wZUt� r- O U 0 U r- F•- Q m z Q 0M� ¢ dw Q =-<F a ¢ZD°"o1- = =o EL 4 Z (on d a. w C: a- F- i Q �-- w m d LL O- F- ►- 0 Z Cr 4 CL O $ Z LSI O � oa z 1-o U tr <o � w 00 W i La1 � �� U)0 <t. W C14 LtI �U) 0 CL. LLJ Ll d C� LLi O L+, U) w CD tC Fes- m ui _Y)�,d w 00 i� t6 L,J on< wov LL w d 0 of zm0 WOO a. M -j INCORPORATED � f 927 LOSii�� . CITY OF SOUTH MIAMI PLANNING BOARD Special Meeting Action Summary Minutes Wednesday, January 5, 2005 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to. the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roil Call Action: Mr. Morton, Chairperson, requested a roll call. oar J them ers present cons ' Ms. Yates, Mr. Liddy, Mr. Comendeiro, and Mr. Illas. Board members absent: Mr. Mann City staff present: Don O'Donruley ( PIanning Director), Sanford A: ,Youkilis (Planning Consultant), Eve Boutsis (City Attorney), Brian Edney (Video Support),. and Patricia E. Lauderrnan (Planning Board secretary). M. Administrative Matters Mr.. O'Donniiey informed the Board that Ms. Annie Betancourt, a member of the school board was present. He explained that in accordance with an 'interlocal agreement. relating to intergovernmental coordination as mandated by State Statutes, 'it is required. that a non - voting member -of the school board staff may participate in any meeting in which the school board may have an impact. Mr. O'Donniley also addressed the agenda for the January 11, 2005 regular meeting. He noted that the agenda will contain two proposed moratorium ordinances. In addition, he stated to the Board that in February the reorganization Planning Board Meeting January 5, 2005 Page 2-of 6 of the Land Development review. Code, will be coming back to the Board for further TV. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in. speakers PB- 04-022 ( deferred from November 30, 2004) Applicant: Codina Development Corp. Location : 6600 -6640 SW 57b Avenue and 5757 SW 68'' Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT -TO. FLORIDA STATE STATUE 163.3221 FOR A PLANNED -UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI FAMILY RESIDENTIAL UNITS, RETAIL, USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING . FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Applicant present: Mr. Jerry Proctor, Esq (Applicant's representative) ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report He -explained that the applicant is. requesting approval of a Development Agreement for a 7.01 acre pr iopment -to be called "Red Road commons" will include residential buildings , parking, office uses and retail uses. A total of 409 dwelling units. and 12, 476 square feet of,- commercial space will be constructed in one phase. Mr. O'Donniley stated that this is the third element of the applicant's approval - process for a proposed mixed use planned unit development project. He provided a. review of the status of approval for the first and second element. The first element was the submittal of an application to amend the zoning map from TODD (MU -4) to PUD -M for the subject property. The application was recommended for approval with four conditions by the Planning Board after a public hearing on September 16, 2004. The City Commission conducted a public hearing on the amendment ordinance on October 19, 2004 and approved the ordinance with the recommended conditions on first reading. The application was. subject to a second public hearing on November 16, 2004. At that time, action on the application was deferred to the Commission's .January 12, 2005 meeting. The second element was the. approval of a specific master site plan for the project. The application to approve the a master site plan for. the subject property was recommended for approval with 15 conditions by the Planning Board after a public hearing at its October 12, 2004 meeting. The City Commission conducted a public hearing on the Planning Board Meeting January 5, 2005 Page 3 of 6 site plan on November 16, 2004. At that meeting, the application was also deferred to the Commission's January 12, 2005 meeting. The applicant indicated consent to entering into a Development Agreement with the City which would make legally enforceable all of the PUD conditions and requirements set forth by the City as part of its approval of the zone map change and the master site plan. Mr. O'Donniley provided a summary of the major provisions in the proposed development agreement. The major provisions are listed below. • The property will be developed in one phase and in accord with adopted master site plan adopted by and on file with the City (p..2- No. 1d, e }; • In order to respond to the City's concurrency standard the developer is required to pay to the City an $838, 000 fee for park and recreation facility expansion (p. 2- No. 2d); • The developer is required to- construct a left turn lane into the project from Red. Road, including median landscaping. (p.2 -3 No.2e) • The developer shall reserve 5% of the residential units for affordable housing group rentals (p.3 —No. 2f); • All 15 of the conditions approved by the Planning,Board as part of the master site plan review are contained in No.. 5 (pp.3 -4); • The developer sets forth a special donation to be used for public schools in the City of South Miami (p.4- No. 6) The Board decided to go -page -by -page and discussed any issues they may have questions on. Page. 2- Chairman Mr. Morton pointed out that in Item l(letter b) word "may" should be replaced with "shall. In Item 2(letter a), that reads . Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final certificate of Use and Occupancy," Mr. Morton requested to clarify this sentence further with staff. In section 2(Ietter d), sentence 1, which states `Based on the projected residential population on the Property, Applicant agrees to donate a total of $838,000 to the City, to be earmarked in a special fund for spending on capital improvements to park and recreation facilities the City." He inquired about bonding the amount of 838,000. Page_ 3- Mr. Liddy inquired about the calculation of affordable housing, in reference to Item 2(letter f) which relates to housing. Planning Board Meeting January 5, 2005 Page 4 of 6 Page - In Item 2 (letter e), which reads "Applicant shall provide locations on or adjacent to the site for services by the HurryCane shuttle," should be revised to reflect that the applicant shall provide stop locations and not interfere with traffic and coordinate with South Miami. Trolley system as well. On the same page, letter f the word "should" will be replaced by "shall." Furthermore, Board member,'Mr. Illas requested to change in the sentence that the applicant must provide trees with a minimum. of 6 inches in caliber, provide 25 trees and a few oaks trees. In Ietter g, Board members felt it was necessary to add the word "maintain" when referencing. to the applicant shall provide and maintain a six-foot high CBS wall between the project and the remaining service station. In letter k, Mr. Morton requested that a definitioa of full yard dumpsters be provided in the sentence: Page 4- In item 6; titled Schools, Ms. Anne Betancourt addressed the phrase "regarding purchases" found in the second sentence of Item 6. She explained that the phrase is no longer applicable and that it should be omitted. The sentence should now read as. the following: "Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. Mr. Morton opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Sharon McCain Opposed - . Ms. McCain expressed concerned for not having enough low income housing as well as stating that the density of the project is too high: YVenne B-PA-Iman. 4871 SW 8-A Qt Qjppged Ms. Beckman inquired about.the agreement - than was made between Mr. Abraham (owner of the property) and the developer who is buying the property. In addition, she indicated. that she felt this project would cause traffic Problems and overcrowding of schools. Cathy McCann 5820 SW 87 St. . .1 1 Opposed Ms. McCann referred to the issue -of trees that will be planted and she indicated she would like to see in the agreement clarification of the width, and canopy of the trees. Other concerns she expressed is the tinning of when the traffic study was' conducted and the density of the project. Doris Hall Opposed Ms. Hall stated that Mr. Abraham who is the owner of the property did not receive his notice. She also expressed concern for the traffic problems. Planning Board Meeting January 5, 2005 Page 5 of 6 Mr. Morton closed the Public Hearing. Motion: Mr. Comedeiro made a motion to defer the development agreement. No one seconded the motion. The motion died due to lack of a second by a Board member. Motion: Mr. Comendeiro motioned to deny the. development agreement. Mr. Elas seconded the motion. Vote: Ayes 2 Nays 4 (Mr. Morton. Ms. Gibson, Ms. Yates, Mr. Liddy) The motion did not pass. Motion: Ms. Yates made a motion; seconded by Mz. Liddy, to recommend approval of the development agreement as amended, subject to the following modifications. 1) Page 2, Item 1(b) the word "may" will be replaced with the word "shall." 2) Page 2, Item 1(d) needs to include the square footage of the commercial space. 3) Page 2, Item 2(d) in regards to the total amount of $838,000 this. amount,. which is donated by.the applicant to the. city can be in the form of a bond or a letter of credit or security. 4) Page 3, Item 2(f) Housing- five (5) percent up to ten (10) percent, shall be made available to the affordable housing group; if the project is converted to condominiums the same percentage applies 5) Page 4, Item 5(e) the sentence .should read as the following: "Applicant shall provide stop locations on* or adjacent to the site for service by the HurryCane . shuttle and should not interfere with SW 57 Avenue traffic and attempt to coordinate with the South Miami Trolley system. 6) Page 4, Item 5(f) the word "should" will be replaced with the word '.'shall." The section that refers to the applicant providing trees on city. property will now read: `.`the applicant must provide a row of 12' high trees or trees. with heights agreed upon by the parties, and provide trees with a minimum of 6 inches in caliber as. well as provide 25 trees of various types and a few oaks trees on City property located between the F L facility and the South Miami Community Center. 7) Page 4, Item 5(g) applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. 8) Page 4, Item 5(k) in regards to the full yard dumpsters the actual dimensions of the dumpsters must be provided. 9) Page 4, Item 5(1) sentence needs to be expanded in order to include all street improvements. Planning Board Meeting January. 5, 2005 Page 6 of 6 10) Page 4, Item 6, the tern "regarding purchases" shall be deleted from the second sentence in the paragraph. Also, the addition of the term that the applicant agrees to donate $34, 800 to the school board and shall be contributed upon the issuance of the first certificate of Occupancy (CO). The section should also allow the funds to be escrowed and spent at an appropriate time. 11) Page 6, Item 16 needs to incorporate that if on the portion of the property that is-. failing to comply with this development agreement the City of South. Miami is authorized to refuse certificate of occupancy (CO) and any inspections or grant any approvals, with regards to that portion of the property until such time this . Development Agreement is complied with. Vote: Ayes 5 Nays 1 (Mr. Illas) V. Planning Board Work Program None VI. Approval of Minutes None VII. Remarks VIH. Future Meetings Tuesday, January 11, 2005 IX. Adjournment Actions There being no further business before the Board, Mr. Morton adjourned the meeting at 11:00 PM DOD /SAY /pel , E:\PBIPB Minutes12005 Mmutes\PB MINS 1- 5 -05.doc NOV. =03' 04 %D) 14:40 . BILZIN SUMBERG pleading, motion, or other paper, Including a reason- able anomava fee. (7) lh any PrOrs8dfng under s ubsectfon (3) or sub - sacilon (4), no settlement shall ba enterad info h the 183.82111 short title; legislative Intent, — (1) Section$ 163.3220- 168.3243 may be alted as lher "Florida Local G,ovemment Development Agree - 9 local government unless the terms of the settlement M(2} TlIa Leis attire rinds and declares that have been the subjaot of a public flaaring after notice (a) The lack of certalnfy in the approval of dsvalop- as TSWIred by this part: (a) in any Mont can rasolt in a waste of aconcr* and land proceodir:g understfbsoctian (3) or sub- - section (4), the- Dapartmant resources, dr¢couraga sound capital Improvement of Lagial Affairs may inter- vane to represent the intersels of rha state. planning and rinancing, escalate the cost of housing end dsveoopm9nt1 and discourage commitment to com- (9) Neither � subsection (3) nor subseoflan (4) re Moves a g mment of IN obligations to hobs prahenstva p1011111119* a developer test upon races (b) Assuran pt of public hell s as rec�ulred by law, 'e01°ry" 115.147. ra dL = -MIL his or het devaleprnerrt permit or brown flaid designa- ohe she with axistn ' 163.3217 Municlpal a mtior verfay for municipal (ncerpn r,- - (Tj PU'iP0SZ- -ln order to assist in the planning fn► future mttnlclpal lnoorp,rall, of a spectra gao, graphlc area, a county may adopt a municipal overlay as an arnendrnent to its comprehensivo plan. A municl- pal overlay will allow a county, in caoperaffon with the Public, to address the future ppoossible mzlnrclpal lnccr- poradOn Of a specific g@ogralll c area and the impact of m4n"'*21 fncO Moratlan on the provrrion of public Bar- to serve the area, r�J P13EPARA710N, ADOPTION, AND AMEND - MENT OF THE MUNICIPAL OVERLAY.- - Barflurl tl which the county has authoylrad by resolution olution loc n al ordnance, the development of a municipal cyarlaY pursuant to the provisions of this aaction. A county goW __g body, or a citizens` organization that roorgsAHA ,,,�.... - - -' lour lire preparation of the municysal avorlay. '___, 2 It shall be the responsibility of the county to pre- pare the municipal ekerayfaratti er3a Wrrdarfts utisdic= owever, if the Sponaor of the rrturliclpal ovsrjay is ate t auth the cthe the county may by wntian agree= Mani radrn ni the May to prepare some or al! of a Pro osad mtrniofp al Overlay. a (J1• A rnuNcfpal overlay sha8 be ado led as iawsandpellclOs's subject tutees the public tanning opinent agleam es sound ca Planning prooess, @ncourag capital improvement plan- ning and finanGk?g1 assists in assuring there are ads - priivaattecp rtkpationsn ro the mpreh nsivs planning,aand reduces the 0WOrnio costs of developmenL (3) in canforMity with, in furtherance of, and to Implement the local Government Comprahansiva Punning and �Gompr h nsIVe P arming Art of 1972 the Fjorfda $tit@ It lathe intent oltho 1.89IBlature to encourage a stranger commitment to compraNnsiva and capital facilities planning, ensure the provrsfon of adequats public facil - des for development, encourage the. ethciont use of resources, and r8ducs the economic cost of develop- ment. (4). This intent. is effected by authorizing local gov- ernments tc enter Intc dsveioprnl int agraemants with ucoveropers� suua r-a• ments of ss. 1635220- 1133243. _( S 163-322D- 163-3243 shall be recardsid as s,pplamanfal a�aulitionar to the powers con- ferred upon focal govemments by other laws and shall Pot be regarded 05 In derogation of any pourers now existing• r. s ea; en as.�4r, „� a �B. ae aIa rrrnary. —r, t6. CM1 E6'1p , mend. pros n iha Iona! government comprehensive 1&3.322'} Florida Local Government Development Alan as. prescn6ed by s. 163.3784. r Agreemant AcF dAirnitlon —As used in as. 163.322D- Z A comity may cOnslder the adoption of a munfai- 1 &3 -3243: Psi overlay without regard to p desrgnairon- means a rbsoluvon 163.31H7(1) regarding the frequency pr'vi adoption of s. (1) "Brownfield govammant ureusnt W the amandmente to the local comp hansi a plan. On o f erownfia ds Redevatopment Act, ss. 376.77.37 &.BS. (3) CONTENTS OF A MUNICIPAL OVE'RL4Y,—A (2} 't om reh@nsfva plan” means a plan adopted' - nrunicpal overlay must contain: pursuant to the 'Z °cal Government Cornprehensfve (ei Scundttry options for the creation of the new planning and Land pevalopment Regulation AcL- ►niclpalftY• ,, moans an arson, ficludlog a sra�) A feasibility study as outlinad In chapter 156. gov5mmantaf agency undertalcn8 any development. a)b A map of existln2 Andproposed land uses in the (4) Tavalopment" means °the carrying cut of any �y type and density. building activity or mining operation, the MaKng of any 461 Population projections for the arsit, material change i Bt 1, useg of ,and into three y r uc data and analysis Misting to the rrovfsfan of turn or land or th fic fecfilttes. tot -the -P __. _...... _ � _ _ ... - - •- • - -- • parcels, 7 FUNDING'OF THE MUNICIPAL OV511 AY.- (a) Ths . foilowing activitles or uses shell be taken fungi da8iopment of tea municipal overlay shalt ba for the purposes of this act tO involve - development^ bey �� CUB r d an there is written a regiment naI A s in M truete maI appearance of a sin�ciurra n sn the coon and another entity to f and it. X98 in the axt ° "+ �, oh aer414 fend. 1431 i i 11, f1 r , • ' i �i P. 002/005 l! P. A change in tha inlansity of use of land, such as an increase In the number of dwelling units In a slruer turb or on land or a material increase in the number of businesses, manufacturing astabl shmants, offices, or dwelling urdis in a structure or on land. 3. AitcraGan of a shorn or bank of a saacoast, river, stream, fake, pond, or canal, including any "coastal construction' as darned ins. 161.021. 4. Cornmencsmeni of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. S. Demolition of a structure. 5. Clearing of land as an adjunct of construction. 7, Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (k) The following operations or uses shall not be taken for the purpose of this act to involve 'develop - ment": 1. Work by a highway or road agency or railroad comppanyfortha mafntahance crimprnvement ❑f a road or railroad track, if the work is carried out on land within the boundaries of the right -of -way. 2. Work by arty utiitty and other parsons engaged in the distribution or transmission of gas or water, for the purpasa of inspecting, repairing, renewing, or cone siruc'bng an astablish$d rights -of -way any sewers, mains, piplas, cables, utlllty tunnels, power lines, tow- ers, poles, tracks, or the like. 3. Work for tha_maintsnance, renewal, improve_ j 't oniytha intarlaror the eolorofthe structure orthe deco - C, ration of the exterior of the structure. "T(is use isf -any s�ruG�ufe oalarid'ae bwr to rdwelling us as-for any purpose customarily incidental to 1 enjoyment of the dwelling. ..5. The• use of any land for the purpose of growing i� tl r plants, craps, trees, And other agricultural or forestry products; raising Wastock; orfor other agricultural pur- •'' h ' eases_ s. A change in use of land or structure from a use within a crass specified in an ordinance or rule to . ' another use in the same class. 7. A change in the ownership .or fwm ❑f ownership Of any parcel or structure. S. The creation or termination of rights of access, t riparian rights, easements, oovenante concerning ' devaloptnsni of land, or other rights in' land. i� (c) 'Development," as, designated in an ordnance, •" rule, or development permit includes alt other develop- ment customarily associated with It pnlass otherwise • specified. When appropriate to the context, "develop. menu' refers to the act of developing or to the result of r development. Referanoe to any s an lo operation 1s " °{ :' -- - hof'infandt3d "to rnAan- tra�the o�ar&ttcn �r activity, when part of other operations or activities, is not devel- opment. P.efaratica to particular operations is not fntanded to Emil the generality of this subsection. • (5) "Development permit' includes any building perm>Z,.zorning permit, subdivision appro'vaf, rezoning, r oergiicatlon, special exception, variance, or any other official arDb n of local gnvammoni having the affect of parmligng the development of land. (6) "Governing body' means the board of county commiscloners of a county, the commission or council i 1432 of an incorporated municipality, or any othar chief gov- aming body of a unit of local governmari4 however des. ignaled. (7) 'Und".msans the earfh, wafar, and air, above, below, or on the surface; and. includes any improve. meats or structures custornanly ragnrded as land. (B) "l-and development regulations' means ordi- nances enacted by governing. bodies forthe regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regula- tions controlling the davefopmant of land. (a) °l -aws" means all ordinsncas, resolutions, ragu- lailons, comprehensive plans, land development `egq- latlons, and rules adopted by a local government affect- ing the development of land. (10) 'Local government' means any county or municipality or any special district or local govemmon- tal entity estabfished pursuant to law which exercises regulatory authority over, and grants development par miss for, land davolopmenl. (11) %seal planning agency" means iha agency designated to prepare a compreharisi9e plan-or plan amendmsht pursuant To the "Florida 1- 0631'0avarnment Comprehensive Planning and Land Dauetopfnent Reg- ulation Act" _.., .. (12) "Parson' means any iridividual;.corporation, business or land trust estate, trust, Partners Wan - ❑jatjnn_ twe or store persons havina a loint or common intarask state agency, or any legal entity. . _(�i�.uhh(fc.taailities`�tears- major:• cApitRfamprova- •ments, including, but not limited to, transportation, sara- tary sewer, solid waste, drainage, potable water, edu- cational, parks and recreadonal, and health systems and facilities. (14) 'State land planning agency" means the Department of Community Affairs. tt,alnry,,s. 8Q, ch H-18% a d, Os. A'.1-1, B-, z 8, s},. 163.3223 .Applicability. —Any local government may, by ordinance, establish procedures and require- ments, as provided In Es. 103.3220- 163.2243, to cen- siderand enter into a development agreement with any parson having a legal or eciuifabla Interest in real prop- erty located.within its jurisdiction, }� atury. -C. 2,, Ch. ee.l>+t. x3.3225 Pub haarin s— a ore entering Into, amending, or tavoldrig a development agraement, a local government shall con. duct at least Iwo pubho hearings. At the option of the govaming body, one of the public haarinds may be hold by'tha-local-planning-agancy.- - -- -- -- (2)(a) Notice of intent to consider a davalopmsnt agreernant shall ba advodiaad approximately 7 days before each pubffc hearing in a newspaper of gaAerel circulgrion and readership in the county where the local government is located. Notice of intent to consider s development agreement shall also be maiied.to all affected properly owners before the first public hearing• The day, time, and place at which the second public hanfing will be hold shall be announced at the first Pub- ic haadrig. NOV,- 03'04(WED) 14:41 B1LZIN SUMBERG ' F.S. 21103 INTERGOVERNMENTAL PROGRAMS Ch.163 (b) The notice shall specify the location of the land Object to the• development agreement, the develop- merit uses proposed on the propisity, the proposed ..wnr,rnfinrlr'ipYlClttA=: anrltha,remnnaallh„itr{irtn,n ► ancr_ fur w.�..- .....- ........_ -, ..�..-- r'- P---- ��.. -...., .. .. -..�. gas and height and shall specify a place where a cop of the proposed agreement can be obtained_ owrjr L2E.Chas.101. 163,3227 Requiramant$ of a duvelopment agree - mant. -- (1) A development agreement shell include the fol- lowing. (a) A legal description of the land subject to the agreement, and the names of its Wgal and equitable owners; (b) The duration of the agrseme•nt; (c) The development uses petrnitted on the land, including population densities, and building intensities and height (d) . A description of public teoliftles that will service the development, Incbuding who ahaif provide such faclllifes, the date any new facilities, It needed, will be constructed; and a schedule to assure public facilities are avafinbla concurrent with the lmaacis of the dsval- opment; . (a) A descriptfanof any reservation ar dadication of land for public purposes; . (f) A description of alt local. development permits approved or needed .to be approved for the develop- ment of the land; (g) A tlnding that the . development permitted or pro- posed Is consistent San the local governments com- prahensfve. plan and land development regulations; . (It) A Gasoripflo'n of anY.condrtions, farms, restric- i lions or -other rs uiranlanls dalarmined to be neces- aary by the lacaf govemmen or a pu 1c e , consistent 'with the local government's comprehensive plan and land development regulations. rnelnYr.- --'�, Cn. A6 21 y 163.3233 Local laws and policies governing a development agraamant.= (1) The local government's laws and policies gov- eming the development of the land at the lime of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. (2) A local government may apply subsequently adopted laws and policies to a development that is sub- ject to a development agrearnant only if the local gov- ernment has held a public hearing and determined: - (a) They are not in conflict with the laws and poll alas govemlog the development agreement and do not prevent development of the land uses, intensities, or densitles in the, development agreement; (b) They. are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agree - ment; (c) They are specifically anticipated and provided for in the develepmant agreement (d) The local government demonstrates that sub- stantial changes have occurred In partinerd conditions existing at the lime of approval of the development agreement; or (e) The development agreement is based on sub- stantially inaccurate information supplied by the devel- oper. (3) This section does not abrogate ally rlghts that may vest pursuant to common law. safety, or wellara of t tx4zans; and . i5s,3235 Periodic review of a develoLrnen_t a_taa- -(l)– A� staterrtent- lrtcafing =that -.the foifura �f floe tri': Tt�=;+ C7bce1' gvecntnentialf =reviewlaridsubje'cito agreement to address a articular permit, candriian, a devaloprrtent agreement at least once every 72 tentr. or rastdciion shop not relieve a developera. the months.to determine 9 there has been demonstrated necessity of complytnA with the taw governing said er- good faith compliance with the terms of the develop- milling requirements, condfilons, lentt, or rastnctiott_ ment agreement, For each annual review conducted (2) A development agreement rrasyprovide that the- during years ii through 10 of a devsfoprnent agree - entire development or any phase thereof be Dom- men♦, the review shall be incorporated into a written nlenced or , 01 %. led within a specific period of time. report which shall be submitted to the parties to the tnor4crr a �, ea~ •1 @1; 61. dt�81..tG P p 1613a29 aurntlon of a development agreement and relationship to local cotnpreheinsi;B plan. =The duration of a development agreemerd shall not exceed 10 years, It may be extended by mutual consent of the governing body and the developer, ttubject to a public hearing in accordance with s. 163.2225. No develop- ment agreement shall be effective or be Implemented by a local government unless the local government's tompreherisive plan and plan amendments implement- 112 or refsted to the agreement are found in compliance by the state land planning agency in accordancs with r: 183 3) B4� s� .1 93.3107, at a, 1.63.31.1'0. _.. _ .. . rP. --c 24. dA 88121: SAP, d,. 91-4fi7 c. it, Ch BE-lek l 163.3231 GonzIatsncy with tha comprahonsfve Plea and land development regulatians. —A develop- MEIN agraernent and authorized devalopment shall be . agreement and the state land planning agency. The state land planning agency shall adopt ruins ragardfng the contents of the report, provided that the report shalt be limited to the information sufficient to determine the extent to which the parries are prccesding in good faith to comply :with the terms of the development agree- ment. If the local government finds, on the basis of sub- . sianflaf competent evidence, that there has been a fail- ure to comply with the terms of the developnmeni agree - mank the agreement may be revoked or modified by the local government. HWd,r/. --s. 27. rh- R8.101: -% t M dt 2:.1:9. - IM*.'s237 _Ai ana51arrf ar- can�ellailon •af a devej= opment agreamanL A davolopmant agreement may bo arnandad or canceled by mutual content of the par• ties to the agreornent or by their successors in interest Hte,ety: -6.2B, d1196.191. 1433 P. 0041005 t 1 . • h a NOV-1314(WED) 04(WED) 14 :41 BiLZIN SUMBERG P. 005/005 lttt 1 Oh. 163 INTERGOVER MENTAL PROGRAMS F.S 2pp3 ...163.3239 t:cn � - (1 M riling and effectiveness of a clever- stances If it is datarmined that the plan would lurlhar I opment agreantant.— Within 14 days after local gov- the purposes of this part and part I of chapter sap, '�F I amment anters into a clevolopmanl agraemant, the Praparalfort of an optional sector plan is authorizeq by t I= local government shall record the agreement with the agreement between the. state land planning agency I 1 dark of the circuit court in the county where the local and the applicable local governmanis under . government is located s A copy of the recorded develop- 163,a171(4). An optional sector plan may be adopted P; !i martl agraamortt shall be submitted to the state land through one or more. comprshansive plan amendments ► i planning agency within 14 days after the. agreement is under s. 163.3184. f- lowavar, an optional sector plan raeordsd. A development agreement shall not be effec- may not be authorized in an arse of critical state eon We until it is properly recorded in the public records of cam. a•,� �j the county and Until 30 days after having been received (2) The state land planning agency may enter into f{y j by the state land planning egoncy pursuant to this sac- an agraemant io authortza preparation of an optional , Lion. The burdens of the development agreement shalt sector plan upon this request of one or more local gov +� r' be binding upon, and the benefits of the agreement amments based on consideration of problems and f shall Inure to, al. successors in Interest to the partfas to opportunities prasantsd by existing devefopmenf the agreement. -trends; the effectiveness of' current comprehensive plan provisions, Iha potential to further tha state com- f ' 153,3241 Nlc,dlticatinn or revocation of it develop- prehenalva lan, applicable strategic re tonal policy p PP p g merit agreement to Fatnply with subsequently enacted plans' this pail, and part I of chapter Sao; and those far- ' state and faders[ law.—'if state or federal laws are lots Identified by s. 163.3177f10)(lj. The applicable enacted after the exacutfnn of a development agree regions! planning council shall conduct a scapfng meet• t menf which are applicable to and preclude the parties' ktg with affected local govemments and those agar. p P cies Identified in s. 11333-31 84f4) befOrs exeoulion of tl,a toentcompliance uch agraemant shat! of it modified vor rent agree- e- agreement authorized by this section. The purpose of Is necessary to comply with the relevant state arfederai this meeting is to assist the state land planning agency laws. a1,d the local govemment in the Identification of the I. t 1� "Wary, --6. ao, Ln at 1eY. avant planning issues to be addressed and the data ' and resources available to assist in the praparatfon of If 1634243 > ni'arcament.:; Any party, any aggrieved subsequent plan amendments. The regional planning Ji. cr adversely affected person as defined in s. council shall make written recommendations to the 1 &3.3215(2), orthe state land planning agency may file state land planning agency and aliscted local govem- an action for injunctive relief In the Circuit court where ments, including whether a sustainable sector plan the local gomminent is iorafad to enforce the terms of would be appropriate. The agreement must defthe tiro , - . - - -- - - -- L •- - Of the adYBaMSnf with the provisions of. ss. 1 1M;3243:. Hramry --D, 8}, crl Bt -121. �l i 163.3246 Opilonal. sector plans- (1). In racngNtion of tha bansfits o f conceptual ion ii 11, range planning fur this buildout of an area, and deralle � planning for specific areas, as a demonstration proja 1, ;j , e r6quirements of s. 3ao.os may be addressed a l identified by this section for up to flve local govern mants or combinations of local govamments which adopt into the comprehensive plan an optional sector y,r . 1 1 1 plan in accordance with this section. This section is Pntanded to further tha• ritent of s. 163 -2177(11), which supports innovaftre and flexible planning and develop- ment strategies, and tha purposes of this part, and part R l .of chapter 380, and to avoid duplication of affort in terms of the level of data and analysis required for a I , development of ragional impact, while ensuring the 't adequate mhlgatlon of Impacts to applicable regional. resources and facilities, including those within.the juris- diction of other focal governmants, as would otherwlsa be provided..bptianal sacinr plans. are.-Intended for. subtafantia('gaogr�pl7ic areas. fncludirig at least 5,000 acres of one or more local governmental jurisdictions . and ors to amphaslze urban Ierm and protection of regionally significant resources and facllftlas. The state land planning agency may approve optional sector plans of lass than 5,000 acres based on local circum- j: tanning issues that will heemphasfzed, requirement# tot fntarlgownmental• ceordinatlon #e-- address axtr>3juriadictional impacts, supporting application metenals including data and anajys -ss, and proceduras for public participation. An agreement may address 9- previously adopted sector plans that are conslstent d with the standards in this section. Before executing an ck agreettlent under this subsection, the local government s shall hold a duly noticed public workshop to review and explain to the public the optional sector planning proc- ess and the tsr= and conditlons of the proposed agreement. The local government shall hold a duly noticed public hearing to execute'the agreement. Ali mearings between the department and the local gov- ernment must be open to the pubic, (3) Optional sector planning encompasses two lov- als adoption under s. 163.3194 of a conceptual long- term buildout overlay to the comprehensive plan, hav- ing nd immediate affect on the issuance of develop - rnent orders or the apprlcabtlity of s. 3ao.06, and adop- lion under s. 163.3184 of detailed specific area plans that implement the conceptual long -term buildout over- lay and authorize issuance of development- orders, and . . within which s. 380.66 is waived. until such time as a detailed specific area plan is adopted, the underlying future land use designations apply- - (a.) In addition to the other requirements of this Chapter, a conceptual long -term buildout overlay must inclwde: .1434 r t ;c �f C u It: If it s a a F l MIAMI DAILY BUSINESS REVIEW cat PuNshed Daily except Saturday, Sunday and 4t. ". Legal Holidays r id Wj=4 Miami -Dade County, Florida lot STATE OF FLORIDA NOTICE given thai thi Ci COUNTY OF MIAMI-DADE: Miami;' Florida"Vill, hold hr Special. Mon4;yj:'Abrch%'28,.- 2005, be6initin. Before the undersigned authority personally appeared hearings td 6onsidet'legisigtion.cri_She O.V. FERBEYRF, who on oath says that he or she Is the 'proposed`. Plann6d 'Onit DeVelopme SUPERVISOR Legal Notices of the Miami Daily Business -ICOMmofis!-foeated-at'6600 =6640 S% Review Wei Miami Review, a daily (except Saturday, Sunday Street, -471i6: 06(k be and Legal Holidays) newspaper, published at Miami in Miami-Dade Chambers; South Mi"I Clty44aiv Ai County, Florida: that the attached copy of advertisement, .4 being a Legal Advertisement of Notice in the matter of Se6dind Reid1n"a,6rd`Ih'a nii:�ei-1,7 --AN.'ORDINANCEWTHEMAYO :OFTHE CITY. OF So :WNT; . REQUEST TO AMENOT-HE-OFFli CITY OF SOUTH MIAMI crry`MkUTH MIAMI;1AY " . ; 0_1 PUBLIC HEARINGS 312812005 1 .' CHXNd ING � 7NE-, ZONING �-USE' ' (MU-4)", TRAksrr-.�ORIENTEIX I in the )OC<X Court, [MDMD'-Ijtrz4) T4'AP'Vd' M"le-PI was published In said newspaper In the issues of F,OW�fjdPll! 03!18!2005 PURPOSE:; Oto, ls' Z0'N E._*-,C CONSTRUCTi6id.bF � � OF '.MULTWAMILV=ttglb Afflant further says that the said Miami Daily Business USES_ANDAPARKIkGGARAGE; Review Is a newspaper published at Miami in said Miami -Dade TONS OF APPROVAL RELATED; OF County, Florida and that the said newspaper has PROVIDING `FOR=' CE heretofore been continuously published In said Mrarril-Dade County. - - PROVIDING ApippiecTivp DATE Florida, each clay (except Saturday, Sunday and Legal Holidays) _: .and has been entered as second class mail matter at the post AN ORDINANCE OF rik hkY.Oi office in Miami in said Miami-Dade County, Florida, for a 'l OF THOZITY -..:'.OF--SOUTH -MIAMI, period of one year next preceding the first publication of the .. DEVELOPMENT AGRIEVM604`112 attached copy of advertisement; and of !ant further says that he or STATE'STATUE 163. ;�: 00A, she has neither paid nor promised any person, firm or corporation OPMJENT-MlXED'UdtP. WE ' R.. .. any discount rebate, commission or refund forthe purposo. COMMONS'LOCATE D of for bl' if n in the said news STET SW 68 STJ9EET;_THEJ;DEVEL BUILDINGS OF.UP.,r6*rv'C-' Askz% THE RESIDENTIAL UNM,.RE'TAINAi PARKING� qARAGE,.-,,, A•ovidih PROVIDIUd JFOR' JDAbiffAdiS PR 115 Pi NG AN #FFiCTNkDATF� Q. 0 to and subscribed before me this ' 18 day ofMARCH A.D. 2005 A. RES6L1JTl6N,6Iz.*-THE"MA_,Y0_ R'i OF"THE4CT III'& SOU-TH.,,MIAMI; f j. I MASTERWM PLAN. ANDMIE VEL 'ibEVFJ1OPL 1, WME "opt& Cheryl HMariner r +. SFECIF�CALLY ?LObAi EA_71T 6Q01 W Commmsion D033MO O.V. FERBEYRE personalK l wmejulyls. 2008 OF APPROVAL-RELAT ED:4T - uON gsiGWISSUtS�':.*-W - AND AIOP-.' P I E PUB06ANIFFIA'STI SCAP,I PROVIDING:AtFT_ . . . . . . . . . . . . . . . .O a0g0ual� ^yzj vmiSO? .ayg Q'm.S;6 u.. 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T II�. �.��a"i9 `W CFGIfl aO ZCdi ..OH 6p °na O �Qy4 Or. - Noy41$NLLSO_O_. pQO0- - W.2 pSYC WMWYp � cOZw �g.. og fxpFFQi �Wp =�a p}(aW p P•�2 Wg WCia :V �YZ C/hWJWYQ. • �aoog��oQ� va�ID9QO�e�� aWO >�f[[zzuo=w a4'WWax°z &xm 61 �GQ g46ry�u•- K_TU ~4Nn -S•. wLL�o7ap x 3awMa'zl WY r �mj- ow W Z OIDo _r�Y 00.1-100 o o a K a9 ¢29 '0z m .WNp2zay"F - � l ..U'N 640 D06 �. 40N M°a.F W0�6F� 26CY wmWyjV -O .. - -• . gMQY�t:oo <F' aSaLYES ¢W usc: a ms ± & 33 &°np SZ¢w SC C; ss'cn° u°J' °yOO6La Y°o w•' Wz'�...�aq¢�'COCma:. 2M2Z °" caiZV Ora° °�'°'Z''•Cn °�. � aZZa� go J55 O W J M J W¢ y d# l m e �rJ°. MISS. ZW D yay WC�J34 °f2.. dos °v OOy�3 JO 6vba So'. aO a°W Oa W �•.Z C•� O.O'W G_4:. ° 'n.9 __'ZO _...�Z': F•W W'"R'S•�'•2'O 2 1 wazp �z .., o�- •iy��.� _��as�tq�. Qyo�v�rjoa� ord�u� �=�?; Nz'2 a'� �Z�`' :bZ rYW•;' 'fla� s�".G�s.. ` :O rU�jv;" �- m -O° aID�.. ;$jtyt�yy{�O O2maou. '..F -o Sa�j '4. �=="op.�p2o UJ 5tqq pcn zS $L]4 m•J.� mHAM ❑$ Qy O m mmNyS0 1 W=3 mjagJ3W �o W o °a 8�E- Par g'2c� Un �a I } m ¢ LL W p J w � in � O a =L ° =a $Qn E bV °cy S$mm�mEmm. 4m a4?mE c�02a8 m 75 �q O��gU�m>,09 E m My �.3C1•ga1 `�$���c °' au3E'mcm��mm o 3 r'YS $�{a � IN � g R 9 N: x >I> C O'S R N= X� .U,a' .i5 � 62 �r:1.m0Cm�n00C N °a 8�E- Par g'2c� Un �a I } m ¢ LL W p J w � in � O FRIENDS AND NEIGHBORS t at 21:30 a.m. Satur- rial Fund, part of the founda- . jW Marriot Hotel, lion, provides needed funding :11 Ave. for Miami's youth programs, Pascual Martinez including those at the Y. en Carolina Luria The YMCA is one of six ig the event which organizations to receive fund - a a "Cosmic Craze" ing for 2005. The Y will use larticipants will the giant to provide' sports uldren from new- scholarships -for more than I -years old wearing 150 youngsters between ..the mria retailers inciud- ages of 4 and 17 from low -m- and jack, Bognar come communities. W, Bop'Meets Girl, The grant targets Y recce = Petit.Choux, Oilily ational programs including Pan. There is a $50 flag football, soccer, basket - )n fee per child ball, karate and cheerleading rickets range' from i0 and tables of 10 Ile; For more infor- : for tickets, call z, 786 -268 -1822. aH MEETING aomi chapter. of will have its meet - .g at 8 pm. April 11 lewinds clubhouse, t 112th Place and idall Drive. speaker Barbara 's subject will be .eft. re information, call /eiss,305- 274-0197. ,N TREATS erman American In of Greater Miami is annual luau from zidnight- April 16 at -use, 11919 SW 56th :ian chicken and all the trimmings rffered and The ; will play for danc- a is $10 and dinner onal $10. For more a, call 305 -553 -8587 123:, SHIP GIFT RCA of Greater ; been awarded r Youth . Sports rs from the Kiwa- f Miami's Youth . The Zee Memo- in the communities of West Dade,.MaIeah, Medley, Miami Springs, Hialeah Gardens, Virginia Gardens, Carol-City and Miami Lakes. Other grant recipients are the ChUdren's Resource Fund ($8,500) to provide 45 special needs children ages 3- 5'with ,. Music /Dance • movement classes and Karate; Perrin Baseball and Softball Associa= tion ($7,500) toward capital improvements at Franjo Park; Glades. Baseball and Softball League, Inc. ($7,000) for field and facility upgrades and to purchase uniform -shirts and caps for over 300 youths; Shake-a.-Leg-($5,500) to fund water ports programming and supplies for individuals with disabilities and for at- risk youth; and the Boys and Girls;Club ($5,500) to provide more'than 500 boys and girls with uniforms, equipment and supplies at the Kendall .Boys and Girls Club. For more information ' call toil free 1- 877 -WOW -YMCA, (1- 877 - 969 - 9622). If you have news for this column, please send it to Bea Moss, Friends and Neighbors, Neighbors, 7300 N. KendaII Dr, Suite 200, Miami, FL 33156 or fax to 305-622-4350. Pictures cannot be returned. Ifyou have questions, call Bea Moss at 305 - 671 -4341 and leave a mes- sage. Her a -mail address is Beaone @aoLcom; end ®f Like a Weai7ei° report for ente�en�. Subscribe to no Herald now. Gall Torn between • a Caribbean cruise and river raftiz�g? Fiend Travel Saluelot s in SundWs Herald. _ COURTESY NOTICE CIS OF SOUTH MIAMI, FLORIDA On Saturday, April 9, 2005, beginning at 9:30 a.m., in the City Commission Chambers, 6130 Sunset DI N% the'City Commission will hold at its special meeting Public Hearings to consider the following items: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE -BY CHANGING THE, ZONING USE DISTRICT TROM "TODD(MU -4)", .TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M "• PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY. LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OE A ,s^Z MIXED USE PROJECT CONSISTING. OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENC% . .AN ORDINANCE ADOPTING A DEVELOPMENf AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT-MIXED USE PROJECT KNOWN AS RED i ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE. AN ORDINANCE CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY. COMMITTEE" -AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED ,SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT. AN ORDINANCE PROVIDING FOR LONG -Te.RM MANAGEMENT AGREEMENT WITH MONTANA/. MCLEAN TENNIS, JNC. FOR TENNIS SERVICES AT DANTE FASCELL PARK. AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS, APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS.OF FOUR STORIES AND ANY AND ALL RELATED APPLICATIONS' FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER ZONING CHANGES. AN ORDINANCE ESTABLISHING A NINE -MONTH 'TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 60 PEET, AND TWO STORIES AND 30 FEET WITHIN A DISTANCE OF 100 FEET OF A SINGLE- FAMILY RESIDENTIAL ZONED PROPERTY LINE. A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR . CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT- 6600 -6640 SW 57 AVENUE AND 5757 SW 68 J• STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND URBAN DESIGN ISSUES, AND . CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. SPECIAL NOTE: Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the information set forth above the proposed project will be built on a seven acre tract of land and wig have a dwelling unit density of 58.3 units per acre and a floor- area -ratio (FAR) of 1.54. The estimated populatfan density of the project is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address shown above.. A RESOLUTION.RELATING TO A AEQUEST FOR A VARIANCE FROM SECTION 20-3.5(0) OF THE . LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5890 SW 84 Street,' SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW ESTATES. A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE. Inquiries concerning the above two Items should be directed to the City Clerk's office at 305- 663 -6340. ALL interested parties are Invited to attend and will be heard. Maria M. Menendez City Clerk Pursuant to Florfda Statutes 288.0105; the City hereby advises the public that if a person decides to appeal arty decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or Nearing, he or show need a record of the proceedings, and that for such purpose, affected person may need to entire that a verhatlm record of the proceedings is made which Irecond Includes the testimony and evidence upon which the appeal Is to be based. • vsraavvs >•�$w'4%ssO }?�'95G Y'1.i +Y"`6FS a�.si4 �Y.�v,�44.yr Y >-K. r'p l6 c•xai 4a +4.x.+.W le.tV s,.. ♦,. 39 S N J 4: a a 0 Z J Q W x W. x E U a E L 3 �0 ORDINANCE NO. 17-05-1839 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCr-NO. 12 -05 -1834 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING THE DATE FOR PAYMENT; PROVIDING FOR SEVERA.BILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission at its April 9, 2005 special meeting approved a zoning change to permit the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space; and WHEREAS, the City Commission at its April 9, 2005 special meeting adopted Ordinance No. 12 -05 -1834 approving a Development Agreement between the City and the developer, the Codina Development Corporation for the Red Road Commons Project; and WHEREAS, Section 2 (d) of the Development Agreement entitled "Public Facilities provides a formula for determining the amount and timing of a park and open space concurrency payment to be made by the developer to the City; and WHEREAS, the Administration has now negotiated a specific amount and timing of the park and open space concurrency payment to be made by the developer to the City ; and WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the proposed amendment to the Development Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 2(d) of the Development Agreement between the City and the Codina Development Corporation for the Red Road Commons Project, adopted by Ordinance No..12 -05 -1834 at the April 9, 2005 City Commission meeting, is hereby amended to read: (2) Public Facilities: *P ama "d. Based on the projected residential population on the Property, Applicant agrees Ord. No. 17 -05 -1839 (2) 2 , 2()@ The AppIi0Mt'q pa)"@ sha4l be. MAJO i4a 0190 134 SUM OR OF AN 0488-0-11-W the deplines to pay &r. to donate $928,000 in one lump sum as its, responsibility for meeting park and recreation concurrence Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment." Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 14th day of June , 2005 ATTEST: 15t Reading.- 6 / 7 / 0 5 2"d Reading-6/14/05 APPROVED: M O COMMISSION VOTE: M: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar EAComm Items \2005 \6 -7 -05 \Development Agreement Red Rd Ord.doc 4 -0 Yea absent Yea. Yea Yea South Miami bmerica City \Z:N CITY OF SOUTH MIAMI o Rip OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor and Commission Members 0 From: Maria Davis City Maaaager ° Date: June 14, 2005 ITEM No. Re: Red Rd Commons :Amendment to Development Agreement ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834. WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE' A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY -AND AMENDING. THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND The Development Agreement for the Red Road Commons project was approved by the adoption of Ord. No. 12 -05 -1834 by the City Commission at its April 9, 2005 meeting. The attached development agreement contained a sub - section (2d) setting forth in general terms the applicant's concurrency payment obligation for parks and recreation space. Following that adoption the Administration negotiated with the developer a specific payment amount and a new payment date. The amount is based upon the per acre cost negotiated for the purchase of the YMCA property. The amendment to the Development Agreement requires an amendatory ordinance to be adopted after review and recommendation from the Planning Board. PROPOSED AMENDMENT The specific amendment is as follows (new wording underlined; wording to be removed indicated by strikethrough): (2) . Public Facilities: d. Based on the projected residential population on the Property, Applicant agrees Development Agreement June 7, 2005 Page 2 of 2 iHLo, mxxor- *14o loot xxoa= no W :to donate $896,000 in one lama sum as its responsibility for meetins park and recreation concurrence. Payment shall be made, on or before receipt of the first building Rermit and shall include any interest or carrying _ cost incurred by the City until receipt of the payment. PLANNING BOARD ACTION The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of a proposed amendment. RECOMMENDATION It is recommended that the attached ordinance amending the Development Agreement be adopted on second reading. Attachments: Draft Ordinance Excerpt from Planning Board Meeting 5110105 Public Notices MD/DOD /SAY �'A�e E.\Comm Items�200 6`5�95\PF3 -OS -0F4 Red Rd Devel Agree Revision Report.doc S CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting. Action Summary Minutes Tuesday, May 10, 2005 City Commission Chambers 7:30 P.M: EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in-unison. II. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy Mr. Illas, and Mr. Mann. Board members absent: Ms. Gibson and Mr. Comendeiro City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -05 -014 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIAIVII, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT, ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -NIIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING Planning Board Meeting May 10, 2005 Excerpt Page 2 6f 3 THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING. FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr.' Morton read the item into record. Mr. O'Donniley presented the staff report. He stated that the Development Agreement for the Red Road Commons project was approved by the_ adoption of Ord. No. 12 -05 -1834 by the City Commission at. its April 9, 2005 meeting. He noted that the attached development agreement contained a sub - section (2d) setting forth in general terms the applicant's concurrency payment obligation for parks and 'recreation space. Following that adoption the Administration has negotiated with the developer a specific payment amount and a new payment date. The amount is based upon the per acre cost now negotiated for the purchase of the YMCA property. In addition, he stated that the. amendment to the Development Agreement requires an amendatory ordinance to be adopted after review and recommendation from the Planning Board. Mr. O'Donniley pointed out (from staff s report) that the proposed development. agreement amendment reads the following "Based on the projected residential population on the property, Applicant agrees to donate a total of nine hundred and sixty thousand dollars ($960,000) on or before July 31, 2005 in one lump sum as its responsibility from meeting park and recreation concurrency ". Applicant present: Bill Reilly (representative for Codina Development Corp.) Mr. Reilly explained to the Board that his client has reviewed the proposed amendment and his client has no objections to the new wording. Motion: Ms. Yates moved to recommend approval of the amendment, Mr. Illas seconded the motion. Vote: Ayes 5 Nays 0 PB -05 -015 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 05-05-1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 'THRU 9,40 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY 'PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting May 10, 2005 Excerpt Page 3 of 3 Action: Ms. Yates read the item into record. Mr. O'Donniley presented the staff report. He explained that the Development Agreement for The Development Agreement for Project Sunset (Bank of South Miami) was approved by the adoption of Ord. No. 05 -05 -1827 by the City Commission at its March 15, 2005 meeting. The attached development agreement contains a Section 5(b) (Public Facilities Serving the Project) . setting forth in general terms the applicant's concurrency payment obligation for parks and recreation space. Following that adoption the Administration has negotiated with the developer a specific payment amount and a new payment date. The amount is based upon the per acre cost now negotiated for the purchase of the YMCA property. In addition to the payment amendment the Administration has also negotiated certain changes to Section 4 (Use of Property) which sets forth the phasing of the proposed project. Mr. O'Donniley noted that the change in the payment amount in the proposed development agreement amendment reads as the following: - "Based on the projected residential population on the Property, Company agrees to donate a total of two hundred and forty thousand dollars ($240,000) on or before July 31, 2005 in one lump sum as its responsibility for meeting park and recreation concurrency: Mr. O'Donniley also stated that the amendment to the Development Agreement requires an amendatory ordinance to be adopted after review.and recommendation from the Planning Board. Applicant present: Alfonso Perez (representative for South Miami Corp) Mr. Perez addressed the Board and explained that his client intends to fully cooperate with the City with regards to the phasing and the cost as stated in the development agreement. It was suggested that wording "up to" be placed in front of the payment amount in each development agreement. Notion: Mr. Mann moved to recommend approval of the amendment. Mr. Illas seconded the motion. Vote: Ayes 5 Nays 0 4 > rHa 2 m. mprP a WS N 0 s s� > ` ogy �•$Z R� @p$ Hs$m`0�E pr QVI 3i ° C $ $ ai S-g R5 ,Q Q. O(L b••b Q LLIL < S L-3 LL � a > S w m$°m N (/ � � C am m N_ @lrq 80vS�#m g 4rsA° e R7 0�pp 50�pC3GG�9� N X 9 0 Ct0 @ 9 m O 4 G r•, 9 p5de of $9ri e °�°coono'o6 o. S ° 'a¢Ut u`noam.e�3c u3i o � O Sunday's Arts section highlights local entertaiment for you. Theater, movies, art and music are reviewed weekly. In today s'world, gaining peace of mind can be difficult. $AM PRINCPE $ But, whenyou read and use the bestseller °Dianatits: The Modem Science of Mental Health by L Ron Hubbard, you've got the know -how to help get rid of stress( NEW PROPERTY. PTIce: $7.99 Paperback 120 Glmlda Ave, Corel GableBookstore Dept Hubbard Dianetics Center s, Ff 33134 z 305- 445 -7812 a °2005 CST.All fthts Resmid. 01ancea is o ftdomare and suft mark owned, IBEROSTAR by Rev.mTedmdo0y Curler aid Is dsedav)tti Ih ptfm1nWn. K •eorTtii`e ito'ui CGURIrES 9 NOTICE CITY OF SOUTH MIAN6a FLORIDA On Tuesday, June 14 2005, beginning at 7:30 p.m„ in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Publio Hearings to consider the following Items: i,2Nt;uKHtan7 rAYMCNI JU 1nrwy ANY nivit Oumo rnr uAlC run rArw=Z!, a AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF •ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS - PROJECT SUNSET' LOCATED GENERALLY AT 5750 SUNSET DRiVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45 63 THRU 66 INCLUSIVE AND THE EAST SO FEET OF LOTS 51 AHD 52 OF W. A. IARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOR 3 AT PAGE198 OF THE PUBLIC' RECORDS OF MIAMI -DADS COUNTY• THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION fO PROVIDE A SPECIFIC AMOUNT OF PARK- AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AMENDING THE DATE FOR PAYMEIR AND ADJUSTING THE PHASING OF THE DEVF�I.OPMENT. AN ORDINANCE AUTHORIZING THE CRY MANAGER TO SIGN A THREE YEAR CONTRACT WITH VERIZON WIRELESS AS THE POLICE DEPARTMENTS WIRELESS DATA SERVICE PROVIDER GENERATING ESTIMATED SAVINGS OF $19,521 DURING THETERM OFTHE 6ONTRACT. AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE MODIFYING AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES FOR A PERIOD OF NINE MONTHS THEREBY 611ABUNG THE CiTY TO EVALUATE RECOMMENDATIONS OF THE BINING TASK FORCE PARRING COMMITTEE AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS* PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN , CONFLICT SHAL. NOT BE IN FORCEAND EFFECT DURING THIS TIME RERIom CONEY ((FRDEq�TyHE U'1(iED STaTFCS DEPARTMENT OF OFRISTRANJUSCTICEIA571UdCE ENNiUNING WG6i FYCR ME 8UPPii SIIDN �Mfi'OR THE $12,029.00 EPAFIM.01. PURPOSE OF A RESOLUTTIOON IH RESPONSE TO PETITION OF ABUTTING PROPERTY' OWNERS RIGHT-OF- WAY OF SW 60 VACATION LOCATED BETWEEN AN SW` SWUNIMPROVED T AND SSW 80 STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH BELOW: SUBJECT TO PROPERTY OWNERS PROVIDING AND THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT. A RESOLUTION APPROVING THE VACATION AND ABANDONMENT OF AN 63h� AVENUE RIGHT-OF-WAY T CORATE°LR.gj T LINE OF THEE CIITTY LOCATED F SOUTH flMI�AW; SAID VACATION SUBJECT TO THE CONTINUANCE OF THE EXISTING UTILITY EASEMENT TO BE MAINTAINED BY PROPERTY OWNERS. SUBJECT TO PROPERTY OWNERS PROVIDING LEGAL DESCRIPTION AND THE RECORDING OF ALL REGAL DOCUMENTS, NECESSARY FOR THE ABANDONMENT. A RESOLUT10N-REI.MG TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BNCDING'i TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE B5 FEET WHERE A MINIMUM LOT SIZE OF 10 OOD SQUARE FEET IS REOUIRFA AND A MIO NI M OF 10D FEET OF LOT FRONTAGE Is REQUIRED'ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61 AVENUE SOUTH MIAM! _FLonIOA, WI HiN THE `MO' MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT 7 PURPOSE OFTHEVARIANCE LS TO PERMITTHE CONSTRUCT{ON OF A FOUR STO{tY MIXED USE BUILDiNG- ImWas conoerring Oils Dern should be dhaded to the Plarming Dapwtment at 305. 663-6326. ALL Interested pales are Invited to attend end will be heard, Maria M. Menendez' City Clark- F, Win YTpalma I QceainVlew Rooms ceRIMI is .�54�9f E�HILDRE� N�E�erom. l� • �, � .,dam::] � �C ere Gtu�jpit4ess l'e%s" mancheh9 Beach Asir frrroico lM icar ni ®in Aznor1=ari 3 Nflio itz 11,0V W:JA 0 5 W 0 0 i o. uj Zn LU0 N of a 0 x O Q LU x ui x E 0 u m m s 3 l R RESOLUTION NO. 48 -05 -12027 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE,_ AND URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission at its March 28, 2005 meeting approved an amendment to the official zoning map of the City of South Miami changing the zoning use district for property located at 6600 -6640 SW 57 Avenue and 5757 SW 68_ Street "from "TODD (MU -4) ", Transit Oriented Development District (Mixed - Use -4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District.; and WHEREAS, Application No. PB- 04 -015B was'submitted to the Planning Department by Codina Development Corporation, said application requesting approval of a master site plan and development program for a PUD -M - Planned Unit Development - Mixed Use project on property located at 6600- 6640 SW 57 Avenue and 5757 SW 68 Street; and WHEREAS, the proposed PUD -M project will result in a mixed use project including residential buildings, parking and retail uses with 407 dwelling units and 12,476 square feet of commercial space; and WHEREAS, after review and consideration, the Planning Department recommended approval of the application with conditions; and WHEREAS, the Environmental Review and Preservation Board reviewed the master site plan at its September 7, 2004 meeting at which time the Board gave preliminary approval;, and WHEREAS, on October 12, 2004, after public hearing regarding the proposed master site plan application, the Planning Board recommended approval with conditions by a vote of 6 ayes 0 nay; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I The application submitted by Codina Development Corporation requesting approval of a master site plan and development program for a Planned Unit Development - Mixed Use project on property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street is hereby approved subject to the conditions specified in Section 2 of this ordinance. Section 2 That the Master Site Plan submitted by the Codina Development Corporation dated August 12, 2004, is gpproved with the followinja conditions which shall be included in the Development_ Agreement, as modified by subsequent discussions and actions on the Development Agreement document: 1. The applicant will be responsible for assuring that ground water run -off (at the 25 year flood level) must be retained on site. 2. The applicant must monitor and keep operable the security gate and make arrangements to Res. 48- 05- 12027 assure emergency access by public safety vehicles. 3. The entrance at Levante Ave. shall be signalized and approaches installed based on the approval by Miami Dade County, 4. The HurryCane shuttle shall be extended to the site and stops provided on site. 5. The applicant should be required to place landscaping between the FPL. facility and the garage; the applicant must provide a row of 12' high deeidueus trees on City property located between the FPL facility and the South Miami Community Center. 6 The applicant shall provide a six-foot high CBS wall between the project and the remaining service station. 7. The applicant must provide special off-street parking for employees and provide special loading zones for the University of Miami shuttle service. 8. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. 9. The applicant shall provide a master signage plan, for project identification, traffic routing, and retail stores. 10. The applicant shall limit on site lightning at property edges ,to 2 foot- candles of intensity at an 18 inch height. Within six months ofproject completion the applicant is to provide a certified report on the mandated illumination level. 11. The applicant is to assure that the refuse service areas shall be large enough to accommodate full yard dumpsters. Final number and dimensions of service areas shall be mandated by the ERPB at final approval stage and adopted by reference in the Development agreement. 12. The applicant shall build all streets to public street standards which shall be, approved by the Public Works Department; all parking spaces on rights -of -way shall be at current elevations and meet City standards relating to drainage and installation. All maintenance of parking on public rights -of -way shall be maintained by the developer. 13. The applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide to the City an initial parking plan, for retail stores and shall maintain the allocated number of spaces for each occupant. 14. The applicant shall install all sidewalks as shown on the adopted master site plan. 15. The applicant shall open up the paseo on the north side as presented to the Planning Board, in order break up the long, fagade of the residential building. The Development Agreement shall demonstrate compliance with this condition. 16 The apjplicant's development project shall substantially conform to the site plan and architectural renderings presented and approved by the Commission and submitted to the ERPB for site plan approval.. (2) Res. No. 48- 05- 12027 Section -3 This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2005 ATTEST: APPROVED: CITY CLE MAO READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 4 -0 Mayor Russell: Yea . Vice Mayor Palmer: absent Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar Yea EXomm ltems\2005\3 -28 -05 Special \PUD -M Site Plan Resol.doc (3) South Miami CITY OF -SOUTH MIAMI All-9m OFFICE OF THE CITY MANAGER t INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Commission Members From: Maria Davis City Manager �w RESOLUTION Date: April 11 2005 Afft ITEM No. _ Re: PUD -fig Development Plan Approval Codina Development Corp. 6600 -6640 SW 57 Ave. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH TH[AA11, FLORIDA APPROVING A MASTER SITE PLAN-AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A "PUD -M" PLANNED. UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN EFFECTIVE DATE: SUMMARY OF REQUEST The applicant, Codina Development Company, is requesting approval of a development site plan for a 7.01 acre property as legally described above. It is anticipated that the property will be zoned PUD -M. The proposed development will be a mixed use project including residential buildings, parking and retail uses. A total of 407 dwelling units and 12,476 square feet of commercial space will be constructed in one phase. The complex is to be called "Red Road Commons ". This item is the second part of the applicant's request to establish a PUD. The first part was a request for a zone map change to create the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part of the zone map change. This second part is the applicant's request for approval by resolution of the specific PUD master site plan. APPLICABLE REGULATIONS A PUD encourages design flexibility in location of buildings, open space, and provision of amenities. Development in a PUD district does not follow pre -set dimensional requirements (setbacks, heights of buildings), or intensity limitations (floor - area - ratio, or dwelling units per PUD- MApproval March 28, 2005 Page 2 of 6 acre). These standards are set forth as part of the project's master site plan. The following sections of the City's Land Development Code govern the general design, development, and review of a PUD application: - Planned Unit Development — provides design guidelines for all PUD's Section 20 -3,7 (A)-(B) P P � � regulating density, traffic, screening, off - street parking, service areas, building heights, and pedestrian amenities. Section 20 -5.12 Planned Unit Development approvals — sets forth regulations governing the review procedures and submittal requirements for all PUD's. SURROUNDING PROPERTIES The subject property is bounded by SW 68th Street on the south, SW 57t' Ave. on the east, SW 66th Street on the north. The west boundary is a FPL transmission facility and a driveway into the City's Community Center. The property is occupied by a parking lot and three one -story buildings used for offices, a real estate school, a foreign consulate, a social service agency and a night club. SITE PLAN ANALYS (Section 20 -3.7)- Development Summary: The applicant has submitted a Master Site Plan, dated August 12, 2004 which call for a unified development project to be completed in one phase. The project will be mixed use including six multi - family residential buildings, a parking garage and retail uses at the ground floor level of Building E, facing SW 57th Ave. There will be 407 dwelling units and 12,476 square feet of retail space. The building heights vary in height with three, four and five story buildings. 2. Site Characteristics: The site does not appear to have any problems associated with soil slippage, erosion or flooding. Comprehensive PIan Land Development Code Actual Use Existing Land Use Existing Zoning District Category North Single Family Residential RS-4, RM 18 Single Family homes Multifamily Residential Single Family Residential Apartments Low density multi- family East -- - -- Church South TODD TODD(LI -4) Light industrial; warehouses, social service agency West Public institutional PI, Public Institutional; RS-4 FPL Sub station SITE PLAN ANALYS (Section 20 -3.7)- Development Summary: The applicant has submitted a Master Site Plan, dated August 12, 2004 which call for a unified development project to be completed in one phase. The project will be mixed use including six multi - family residential buildings, a parking garage and retail uses at the ground floor level of Building E, facing SW 57th Ave. There will be 407 dwelling units and 12,476 square feet of retail space. The building heights vary in height with three, four and five story buildings. 2. Site Characteristics: The site does not appear to have any problems associated with soil slippage, erosion or flooding. PUD M.4pproval March 28, 2005 Page 3 of 6 The applicant will be responsible for assuring that ground water run -off (at the 25 year flood level) must be retained on site. 3 Traffic Operations and Management: The project will retain the major portion of traffic on the sites The development includes private streets with an automatic security gate near the garage entrance. The applicant must monitor and keep operable the security gate and make. arrangements to assure emergency access by public safety vehicles. The entrance at Levante Ave. shall be signalized and approaches installed based on the approval by Miami Dade County. In addition the HurryCane shuttle shall be extended to the site and stops provided on site. 4. External Relationships: The proposed development has shown consideration for external impacts of the project. Examples - The location of the garage at the rear (west) side of the site abuts the FPL Sub - Station. The height of the front part of the multi- family buildings facing the side -yards of single family homes is limited to 3 stories. S.Screening and Buffering: The proposed development will have landscaping at the edges of the property lines on all three external sides.(3) The applicant should be required to place landscaping between "the FPL facility and the garage; the applicant must provide a row of 12' high deciduous trees on City property located between the FPL facility and the Community Center The applicant shall provide a six-foot high CBS wall between the project and the remaining service station 6 Off- Street Parking / Load aM.- The applicant is providing more than the required parking which should eliminate off site parking by visitors and customers. The applicant must provide special off- street parking for employees and provide special loading zones for the University of Miami shuttle service. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. 7.Siens / Lightin : The following actions will be required: The applicant shall provide a master signage plan for project identification, traffic routing, and retail stores; the applicant shall limit on -site lighting at property edges to 2 foot - candles of intensity at an 18 inch height within six months of project completion the applicant is to provide a certified report on the, mandated PUD MApproval March 28, 2005 Page 4 of 6 illumination level. 8.Service Areas: The applicant is showing a sufficient number of refuse collection points. The applicant is to assure that the refuse service areas shall be large enough to accommodate full yard dumpsters. Final number and dimensions of service areas shall be mandated by the ERPB at f nal approval stage and adopted by reference in the Development Agreement 9. Streets: The applicant will be building private roadways to service the project. The applicant shall build all streets to public street standards which shall be approved by the Public Works Department; all parking spaces, on rights -of -way shall be at current elevations and meet City standards relating to drainage and installation. All maintenance ofparking on public rights -of -way shall be maintained by the developer. 10. Uses: The uses proposed for the PUD are clearly compatible with the surrounding community and meets the City's long range goals for the area. The applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide to the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. 11. Pedestrian Amenities: (sidewalks/ street furniture) the applicant shall install all sidewalks as shown on the adopted master site plan. 12. Spatial relationships: As required by the LDC, the applicant has received preliminary approval from the City's Environmental Review and Preservation Board on September 7, 2004. The Board accepted the project's architectural style and other design elements and set forth one condition. The applicant shall open up the paseo on the north side as presented to the Planning Board, in order break up the long faV*ade of the residential building. The Development Agreement shall demonstrate compliance with this condition. 13. Open Space: The applicant's master site plan is showing open space at 33% of the site.. Residential developments are required to have a minimum of 30% open space. No standard is established for PUD -M, but staff finds the proposed on -site open space adequate. PLANNING BOARD ACTION The Planning Board at its October 12, 2004 meeting, after a public hearing, adopted a motion by a vote of 6 ayes 0 nays to recommend approval of the Red Road Commons PUD -M Master Site PUD- MApproval March 28, 2005 Page 5 of 6 Plan with the 15 conditions suggested by staff. CITY COMMISSION ACTION The City Commission conducted public hearings on this item at its November 16, 2004 meeting and a special meeting on March 7, 2005. Action on the item was deferred at both meetings. RECOMMENDATION It is recommended that the PUD -M Master Site Plan submitted by the developer, dated August 12,- 2004, be an Drove I with the following conditions which shall be included in the Development Agreement as modified by subseouent discussions and actions on the Development Agreement document: 1. The applicant will be responsible for assuring that ground water run -off (at the 25 year flood level) must be retained on site. 2. The applicant must monitor and keep operable the security gate and make arrangements to assure emergency access by public safety vehicles. 3. The entrance at Levante Ave. shall be signalized and approaches installed based on the approval by Miami Dade County. 4. The HurryCane shuttle shall be extended to the site and stops provided on site. 5. The applicant should be required to place landscaping between the FPL facility and the garage; the applicant must provide a row of 12' high deciduous trees on City property located between the FPL facility and the South .Miami Community Center. 6. The applicant shall provide a six-foot high CBS wall between the project and the remaining service station. 7. Yhe applicant must provide special off-street parking for employees and provide special loading zones for the University of Miami shuttle service. 8. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. 9. The applicant shall provide a master signage plan for project identification, traffic routing, and retail stores. 10. The applicant shall limit on site lightning at property edges to 2 foot- candles of intensity at an 18 inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. 11. The applicant is to assure that the refuse service areas shall be large enough to accommodate full yard dumpsters. Final number and dimensions of service areas shall be mandated by the PUD- MApproval March 28, 2005 Page 6 of 6 12.. The applicant shall build all streets to public street standards which shall be approved by the Public Works Department; all parking spaces on rights -of -way shall be at current elevations and meet City standards relating to drainage and installation. All maintenance of parking on public rights -of -way shall be maintained by the developer. 13. The applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide to the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. 14. Die applicant shall install all sidewalks as shown on the adopted master site plan. 15. ne applicant shall open up the paseo on the north side as presented to the Planning Board,, in order break up the long fagade of the residential building. The Development Agreement shall demonstrate compliance with this condition. Attachmenis: Draft Resolution Application Excerpt- from Planning Board Minutes 10 -12 -04 See Site plan from previous item. MD/DOD /SAY >4 E: \Comm Items\200513 -28 -05 Special\PUD Site Plan CM Report.doc City of South Miami. Planning & Zoning Department City Hall, 6130 Sunset Drive, South Mar i, Florida 33143 Telephone: (305) 563 -6326; Fax: (305) 666 -4591 JUL 2 Application for Public Hearing Before'Planning Board & City Coin mf sioll 004 Address of Subject PrWerfy:6600 - 6640 SW 57 AVENUE PL$ (s),_ Block Subdivision ' Meets &Bounds: ' SEE ATTACHED SURVEY Applicant; Phone: r2OOSO. DEVELOPMENT CORPORATION ' tative:. Organization. • �� . PROCTOR, ESQ.�� Phone: ISCAYNE BLVD., SUITE 2500 OR IDA 33131 Property Owner. Signature` ANTHONY R. ABRAHAM ^-' Mailing Address: Phone: 2 6600 SW 57 AVENUE .3 d s- 'z,.. z MIAMI, FLORIDA 33143 Architect/Englneer: Phone: 305- 666 -5474 .ARTS GARCIA ' AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJEGi': . Owner:. X Owner's Representative Contract to purchase Optibri to purchase Tenant/Lessee 'APPLICATION TS HEREBY MADE FOR THE FOLLOWING: SUBM 7ED 'I IATMRiA S .- PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY :' _ Text An endment to LDC _ Variance X• Letter of intent. X Zoning_ Map A,r�r endment: ' . _ _Speciai�Jse -..... _ ._: X_ lustifica#ior�s -#or- change- - X PUD Approval _ • ; . Special Exception — Statement of hardship j P.UD Major Change. Other " Proof of ownership or letter fronPower of attorney Briefl ez tam a ligation and cites ecc Code sections: ^ Coniract to purchase SEE ATTACHED LETTER OF INTENT X Current survey (1 origirral sealed signedli reduced copy @ 11" x.7 copies of Site Plan andFloor P reduced copy @ i1" x 17" 2?% Property -owner signatures Section: Subsection: Page. M. Amended Date: K Re al In ed labels Fee s) sets) and map The undersigned has read this completed 'application and represents that the info=ation and C t all submitted materials are true and orte b (f,,'t's lmowledge and belief, • " the st of the app can ct� .c�er� to�mcr+i' ('sc�vra�s c,••� . ....... ' •• -- axe- _ . _ . - -- - ____�__� Upon receipt; applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable registrations. Applications found not in compliance will be rejected and returned to the applicant, OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission §etifion Required Petition Accepted Method of Pa ent X73 t9o\2370'71 � 6B5595 v t ° I— Address• of Sub! City of South Mami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami,, Florida 33143 Telephone: •(305) 663 -6326, Fax: (305) 666 -4591 Application for Public Elearing Before Planning Board & City Commission :ct Property:5757SW 68 STREET Lof(s) Block Subdivision PS SEE ATTACHED SURVEY ' Meets & Bounds: ff,200SO. ± Phone: ' DEVELOPMENT CORPORATION tative: Organization: PROCTOR, ESQ.. JUL L Phone, _ 2X4 ISCAYNE BLVD., SUITE 2500 ORIDA 33131 Properly Qwnei. Signature:, _ COMMERCE LANE ENTERPRISES, INC. Mailing Address: Phone: 5757 SW 68 STREET MIAMI, FLORIDA 33143 D —707. W76 Arphltect/Englneer- Phone:- 305-666-5474 ARTS GARCIA AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative X -Contract to purchase Option io purchase }'enan,til.essee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: • SUBMITTED MATERIALS " PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: - Text Amendment to LDC Variance X Letter of intent ' XZQ�Map Amendment ' _ _. Justifcafions'for chane... ln X. PUD Approval Special Exception.. 5ta ement of hardship -� PUD Major Change Other Proof of ownership or letter from owner _ Power of attorney Briefly explain a' iication'and cite specific Code sections. _ Contract to purchase . SEE ATTACHED LETTER OF INTENT` Current survey (1 original-sealed and signed/1 reduced copy @ 11 "x "17 7 copies of Site Plan and Floor Plans reduced copy aQ 11? x 17" _ 20% Property owner signatures X Mailing labels (3 sets) and map Section: Subsection: Page #: Amended Date:_ _ ° _Z Requited Fes(s) The undersigned has.read this completed-application and represents that the information aed all submitted materials are true and correct to the best of the ap llcanft knowledge and belief. AFp cant's gignature and title . _ . _ ... _. _ •_. _ I?ate _ _.. .. _ _.._ _. • ° Upon receipt, applications and all submitted materials will be reviewed for. co )lance ° # mp with the Yard Development Code -and other ' applicable registrations. Applications found not in compliance vrill be re ected and returned to the applicant OFFICE USE ONLY: Date Ffied . Date of PB Hearing Date of CommisSion Petition Requl<ed Petition Accepted Method of Pavment 17319D113707t # bB559d v 1 B1•LZ1N 'SUMBERG BAENA PRICE & AXELRoD LLP A PARTN£RSH1P OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARO, SUITE 2500 . MIAMI, FLORIDA 33131 -5340 TELEPHONE: (3051374-7580 • FAX: (30S) 374 -7593 E -MAIL: INFOOBILZIM.COM • WWW.Bj=N.COM ° JERRY 13. PROCTOR, ESQ. DIRECT DIAL: (305)'350.2361 EMAIL„ ,JPROCTOR @BILZIN.COM July'28, 2004 "Hand Deliyery Mr. Don ODonniley,.AICP, Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Zoning Application by Codina Development •Corporation. Address: 6600 -6640 S.W. 57 Avenue (Red Road) and'5757 S-.W. 6.8 Street Dear Mr. O'Donnfley� Please- accept the attached.application for. rezoning and plan .approval of a " • Planned Unit Development gyfixed -Use) Development on the above-styled, The undersigned represents Codina DevelopnMat 'Corporation (11Codina ►'), prospective developer of approximately 7 acres of land locateil at the southwest comer of SW 66 Street and SW 57 Avenue (Red Road). Codina hereby requests a district boundary change from TODD W -4) to Planned Unit Development Mixed -Use (PUD -Iv), and concurrent site plan approval for development of the Property. Enclosed herewith please find the requzsite -_pplication fP% . Q- jty -pt South Mimi.. application forms, .proof- of • ownership' of oithdpropea• public notice mailing I�b�I and a t vit; property : -� T owner notification affidavit; com=mon area report, and copies of the•proposedplans for• the mixed -use development on the Property, •1732601213311# 687239 v 1 7!36/03 2:18 PM BILZIN SUM BERG BAENA PRICE & AXELROA LLP N1r. Dan O'Donniley, A1CP July 29, 2004 Page 2 'Pursuant to the City's Comprehensive Plan. and Section 20- 3.7(e) (Planned Unit Developments -PUD -M Mixed-Use),-please nofe.the'fallowmg: 1. The property is designated for Transit - Orierited Development District (TODD) (Flexible Height up to 8 -stones) in the City's Comprehensive Plan. The - Coznprehensive Plan provides as follows: Transit- Oriented Development District (TODD) (Flexible Height'up to 8 stories.). The Transit - Oriented Development District is intended to provide for the development of office uses, office, services, office- related ' . retail, retail, retail seivices, and residential, uses in multi - story. and. . mixed -use projects that are characteristic of transit- oriented - developments: Permitted heights and intensities shall beset forth in the Land Development Code, including design standards. Zoning regulations shall encourage developmentwithin. the TODD in conjunction with.limiting new development within the Special Flood Hazard Area, The City shall pursue an incentives program for redevelopment including flexible building heights and designs - - - standards-tor insure that responsible, effective and aesthetically pleasing proj ect's.result. 'The proposed development, as depicted on the attached plans' prepared by . -Wolfberg Alvarez & Associat'es, provides retail and residential uses (for xentaI) and a mixed -use design that complies. with the spirit and letter of the Comprehensive Plan designation for the property. _ '2. , The PUD -M Zoning District encourages complementary combinations of us es; including multifamily residential and commercial uses, within 1,20Q feet from any �1�J�etzolaiLStat�on`L ave :enclosed_an_aezialphotograph from MiamiD.ade-Cow�. which indicates an approximate distance of 1,092• feet between the property and the South Miarni Station of Miami -Dade County's Metrorail Corridor. BILZIN SuMSERG BAEHA PPtCE & AXELROO LLP Mr. Don. O'Donniley, AICP Tiny 28, 2004 Page 3 3. The PUD -M District permits multi- family residential dwellings, accessory parking lots and structures, and retail stores: 4. The property exceeds the n 2irn_um site area for a PUD -M development of 4 acres. S. ` The proposed'site ' la-d features considerable pedestrian access and a reduced intensity of development along SW 66 Street, adjacent to fhe residential commuri-ity to . the north. The proposed intensity of develbpnient is compatible with the surrounding . area., which includes the large FPL, transmissiori facility to the • west, tetail -anal industrial zoning and development to the south and southwes � and the higher- intensity apartment and Metrorail facilities in the area.. Thank you for your consideration of this application., . .. Very truly yours, Terry B. Proctor 3B'P:id Fncio c: Maria Davis, City Manager U UINCORPO L Rxp CITY OF SOUTH MIAMI PLANNING BOARD. Regular Meeting Action Summary Minutes Tuesday, October 12, 8004 City Commission /� Chambers 'y�7 :30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The PIedge of Allegiance was recited in unison. IL Roil Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton; Ms. Gibson, Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann. Board members absent: Ms. Yates City staff present: Don O'Donniiey (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (absent) III. Planning Board Applications / Public hearings Chairman Mr. Morton swore in speakers PB -04 -015 -B Applicant: Coding Development Corp. Location : 6600 -6640 SW 57`h Avenue and 5757 SW 68 "' Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A SITE PLAN AND DEVELOPMENT Planning Board Meeting October 12, 2004 Excerpt Page 2 of 4 PROGRAM FOR CERTAIN PROPERTY IN A `TUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY- LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO HEIGHT AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN EFFECTIVE DATE. ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a development. site plan for a 7.01 acre property as legally described above. It is anticipated that the property will be zoned PUD -M. The project will be mixed use in-eluding six multi- family residential buildings, a parking garage and retail uses at the ground floor level of Building E , facing SW 57th Ave. A total of 409 dwelling units and 12,476 square feet of commercial space will be constructed in one phase. The building heights vary in height with three,. . four and five story buildings.. The complex is be called "Red Road Commons ". Mr. O'Donniley stated that this is the item is the second part of the applicant's request to establish a PUD. The first part was a request for a zone map change to create the PUD -M on the City's official map. Issues such as density, compliance with the Comprehensive Plan, traffic, parking requirements, height of buildings, and concurrency are dealt with as part of the zone map change. This second part is the applicant's request is for approval by resolution of the specific PUD master site plan. In addition, Mr. O'Donniley provided a review of the submitted Master Site Plan, dated August 12, 2004. As required by LDC Section 20 -3.7 'he reviewed site characteristics, traffic management, screening and buffering, off - street parking, lighting, service areas, streets, uses, pedestrian amenities, spatial relationships and open space. Based upon staff analysis, Mr. O'Donniley recommended that the submitted Master Site Plan be approved with 15 conditions. The Chairman then called upon the applicant to make a presentation. (Applicant's representative) Mr. Jerry Proctor, Esq Mr. Aris Garcia (Architect) Mr. Tim Plummer Mr. Jeremy Shapiro Following a presentation by the applicant's representatives, Mr. Morton opened.the Public Hearing. Planning Board Meeting October 12, 2004 Excerpt Page 3 of 4 Speakers: NAME ADDRESS SUPPORT /OPPOSE Lucious McGuff Jr. 13461 SW 97 PL. Supported Mr. McGuff, Jr. represented St. John AME Church. He stated that he supported the application because he believed the project would have great economic benefits on the community such as the example of hiring residents of South Miami for the construction of this project. David Tucker, Sr. 6556 SW 78th' Ter. Mr. Tucker emphasized to the Board the importance of reviewing the aspects of plumbing with regards to drainage. In addition, he stated his concern about he possible traffic congestion caused by the residents of the new project. Finally, he concluded by stating that the Board should be mindful of the project's signage for directing traffic to and from the project in an efficient and careful method. Jay Beckman 6520 SW 65 St. - Mr. Beckman stated that some issues needed to be addressed however, he indicated that he felt this project had properly addresses compatibility. He also noted that the project density and the landscaping scale were done correctly for the project. He encouraged .that the City to examine TODD regulations. To conclude he stated he had doubts about retail that is going to be introduced as well as some concerns about the parking conditions. Mr. Morton closed the Public Hearing. Motion: Mr. Comendeiro made a motion, seconded by Ms. Gibson, to recommend approval of the request, subject to the following fifteen (15) staff conditions: 1. The applicant will be responsible for assuring that ground water run -off (at the 25 year flood level) must be retained on site. 2.The applicant must monitor and keep operable the security gate and make arrangements to assure emergency access by public safety vehicles. 3.The entrance at Levante Ave. shall be signalized and approaches installed based on the approval by Miami Dade County. 4. The HurryCane shuttle shall be extended to the site and stops provided on site. 5. The applicant should be required to place landscaping between the FPL.facility and the garage; the applicant must provide a row of 12' high deciduous trees on City property located between the FPL facility and the South Miami Community. Center. 6. The applicant shall provide a six foot'high CBS wall between the project and the remaining service station. Planning Board Meeting October 12, 2004 Excerpt Page 4 of 4 7 The applicant must provide special off - street parking for employees and provide special loading zones for the University of Miami shuttle service. 8. Employee parking shall be restricted to the garage and it shall be the developer. or his assigns responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. 9. The applicant shall provide a master signage plan for project identification, traffic routing, and retail stores. 10. The applicant shall limit on site lightning at property edges to 2 foot candles of intensity at an 18"-height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. 11. The applicant is to assure that the refuse service areas shall be large enough to accommodate full yard dumpsters. Final number and dimensions of service areas shall be mandated by the ERPB at final approval stage and adopted by reference in the Development Agreement. 12. The applicant shall build all streets to public street standards and shall be approved by the Public Works Department; all parking spaces on rights -of -way shall be at current elevations and meet City standards relating to drainage and installation. All maintenance of parking on public rights-of-way shall be maintained by the developer. 13. The applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide to the City an initial parking plan for retail stores and shall maintain the allocated number of spaces with each occupant. 14. The applicant shall install all sidewalks as shown on the adopted master, site plan. 15. The applicant shall open up the paseo on the north side as presented to the Planning Board, in order break up the long fagade of the residential building. The Development Agreement shall demonstrate compliance with this condition. Vote: Ayes 6 Nays 0 E: \Comm Items\2004\ 11- 1 6-04\Excerpt PB Min 10 -12 -04 Red Road. doe MIAMI DAILY BUSINESS REVI Published Dolly except Saturday, Sunday and Legal Holidays a Miami, Miami-Dade County, Rodda STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personatfy appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mlami -1 County, Florida; that the attached copy of advertisement, being a.Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS 3/28/2005 in the XXXX Court, was published In said newspaper in the Issues of 03/18/2005 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Miami -Dade County, Florida and that the said newspaper has heretofore been confinuously published in said Miami -Dade Cc Florida, each day (except Saturday, Sunday and Legal Holiday; and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant further says that he she has neither paid nor promised any person, firm or corporatii any discount, rebate, commission or refund for the purpose of securing tfj,» advertise for publication in the said newspape n Ar Sworn to and subscribed before me this 18 day of MARCH A-D. 2005 �� (SEAL) P',P Chary! 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WOy�"o zoFgxcP: �Wa so �''..� C SEi m �N °ztl O '.mWw00.'a NOr d0, '6'xJW �Ew Z7S Oz„ o�su oH.r�iSpW OF. a2x "1 z�,°3zF o'iAr Q �_ oo not`.w -•z to z '2•n µLO OSW 60.' .Z 0.2. WW .LL.;-` Zn W: -Em, F'y4tl -w POWa104».a ,: :FgEmv aoaQtls= •�'mnvQ>'vzmn .aaaNOO�m ra ppp_d -a 0 an�.,.co 93+n o "p:o u� ao` p m m 7 „` Y.1 G a ��mm58n? g=RI$ > <N $- u 6 gGro cc a 'Jq5'' —S mom'$•- c> .tee �'VO01 o 911J.'! I C ` Lulq �i $5,7 rm %O 7 m N �`E¢ p?,� �C NH .0 a, q Lm Otlm StS gg nag oLm�m�d`6 Vn -14 m mR8 3 NSW °09mE ^� g tt���c• 11g o �rn3Z#msom fg. m°�'a°��xm °e 8z a e 09 RQ Jm9N Q gr 5p t n 9 O mm m m m V G�q^mm0 m.E T`p Gm�� a ¢¢ S GX¢ Q� LLn Sym PLLm NU r i=ffl : w m 5.6 J �to Fmi0 4�S J a 0 7 NU FRIENDS AND NEIGHBORS t at 11:30 a.m. Satur- JW Marriot Hotel, :11 Ave. Pascual Martinez en Carolina Luria tg the event which s a "Cosmic Craze" larticipants will tildren from new- 1 -years old wearing ttn retailers includ- and jack, Bognar ins, Boy'Meets Girl, Petit Choux,.Oilily Pan. There is a $50 )n fee per child Ickets range from i0 and tables of 10 )le. For more infor- : for tickets, call z, 786 - 268 -I822. tH MEETING aomi chapter. of will have its meet - g at 8 p.m. April 11 .ewinds clubhouse, : 112th Place and dall Drive. speaker Barbara s subject will be > -ft. e information, call eiss, 305- 274 -0197. N TREATS :rman American of Greater Miami s annual luau from ddnight•April 16 at use, 11919 SW 56th ian chicken and all the trimmings .£fared and The will play for danc- is $10 and dinner onal $10. For more a, call 305- 553 -8587 123: SHIP GIFT ACA of Greater s been awarded i Youth Sports )s from the Kiwa- :f Miami's Youth i. The Zee Memo- rial Fund, part of the founda- tion, provides needed funding for Miami's youth programs, including those at the Y. The YMCA is one of six organizations to receive fund- ing for 2005. The Y will use the grant to provide sports scholarships ,for more than 150 youngsters between.the ages of 4 and 17 from low -in- come -communities. The grant targets Y recce ational programs including flag football, soccer, basket- ball, karate and cheerleading in the communities of West Dade, Hialeah, Medley, Miami Springs, Hialeah Gardens, Virg, inia Gardens, Carol -City and Miami Lakes. Other grant recipients are the Children's Resource Fund ($8,500) to provide 45 special needs children ages 3- 5'with'• Music/Dance • movement classes and Karate; Perrin Baseball and Softball Assocl tion ($7,500) toward capital improvements at Franjo Park, Glades.Baseball and Softball League, Inc. ($7,000) for field and facility upgrades and to i purchase uaiform.shirts and caps for over 300 youths; Shake -a -Leg ($5,500) to fund water sports programming and supplies for individuals with disabilities and for at- risk youth; and the Boys and Girls;Club ($5,500) to provide more'than 500 boys and girls with uniforms, equipment and supplies at the Kendall Boys and Girls Club. For more information ' call toll free 1 -877- WOW -YMCA• (1- 877 -969- 9622). - - If you stave news for this column, please send it to Bea Moss, Friends and Neighbors, Neighbors, 9300 N. Kendall Dr, Suite 200, Miami, FL 33I56 or fax to 305 - 671 -4350. Pictures cannot be returned. Ifyou have questions, call Bea Moss at 305 - 671 -4341 and leave a mes- sage. Her a -mail address is Beaone @aol.conL Kind ®f like a �TVeat�ei' Tepor t for. entertainment. ,IN h SOON to The Herald aoly. can 1- 0001.449.00444. Torn between. a Caribbean cruise and !river rafting? Find Travel Solutions in Sund©y's Heirciod. COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA an Saturday, April 9, 2006., beginning at 9 :30 a.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold at its special meeting Public bearings to consider the following items: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE- ZONING USE DISTRICT TROM "TODD(MU -4) ", .TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE-4) TO "PUD -M" - PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY, LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY. -AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT-MIXED USE PROJECT KNOWN AS RED i ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT- WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE. AN ORDINANCE CREATING SEC. 2 -M.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY COMMITTEE." -AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED • SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT. AN ORDINANCE PROVIDING FOR LONG -TERM MANAGEMENT AGREEMENT WITH MONTANW. MCLEAN TENNIS, INC' FOR TENNIS SERVICES AT DANTE FASCELL PARK. AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR STORIES AND ANY AND ALL RELATED APPLICATIONS -FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER ZONING CHANGES. AN ORDINANCE-'ESTABLISHING A NINE -MONTH TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN A DISTANCE OF 100 FEET OF A SINGLE - FAMILY RESIDENTIAL ZONED PROPERTY LINE. A RESOLUTION APPROVING A MASTER SITE PLAN. AND DEVELOPMENT PROGRAM FOR AND URBAN DESIGN ISSUES, AND . CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. SPECIAL NOTE: Pursuant to Florida State Statue 163.3221 Interested persons are advised that In addition to the information set forth above the proposed project will be built on a seven acre tract of land and will have a dwelling unit density of 56.3 units per acre and a floor - area -ratio (FAR) of 1.54. The estimated population density of the project is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address .shown above. A RESOLUTION RELATING TO A•REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E).OF THE LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5860 SW 84 Street, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT S OF SEAVIEW ESTATES. A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR (HD-0%1" SPECIALTY RETAIL HOMETOWN -DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 6880 SUNSET DRIVE. Inquiries concerning the above two items should be directed to the City Clerk's office at 305 - 663 -6346. ALL inte'fested parties are invited to attend and will be heard. Marla M. Men6ndez City Clerk to Florida Statutes 288.6, OS; the qty hereby advises the public that If a person decides to appeal an decision made by this ;ency or Commission with respect to any matter considered at Its meeting or hearing, he or she will need a record of the igs, andthat for such purpose, affected perscn may need to ensure that a verbatim record of the proceedings Is made which :Iudes the testimony and evidence upon which the appeal Is to be based. ob • {- y Gt.'v 5 i.b f P•o Y9 9T'♦ i'f -8�Y I Y ti'�rA 4.64 w'' WF tf'V T`7 ♦'M"$'tl b'�a P �. b r\ 4.: Y.L {'F {Y�6i r'L V , r:/•L Pd {.V L. j•b. 1 "a -Y o tr.4 .i i{ 6 • , .., .