10-20-09 Item 28l} \
South Miami
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CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: October 20, 2009 ITEM No.
Subject:
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, AND
AMENDED BY ORDINANCE NO. 17 -05 -1839, 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 REQUIRE THAT ALL REQUIRED PARKING PURSUANT
TO LAND DEVELOPMENT CODE SECTION 20- 4.4(B) IS PROVIDED FOR ALL
USES LOCATED ON THE PROPERTY AND TO UPDATE THE CURRENT
NUMBER OF PARKING SPACES PROVIDED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
In a letter dated August 5, 2009 from Mr. Jerry Proctor (copy attached as Exhibit "A "),
an attorney representing Red Road Commons LLC a modification was requested to the
adopted Planned Unit Development -Mixed Use (PUD -M) Master Site Plan for the
project. The proposed modification to the "Red Road Commons" PUD -M adopted Master
Site Plan was proposed to provide safe accessible bicycle storage for people leasing the
dwelling units to 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, a total of eleven parking spaces needed to be eliminated.
The Planning Director pursuant to Section 20- 5.12(F) of the Land Development Code
determined that the proposed change to the Red Road Commons PUD -M was a minor
modification and therefore did not require public hearings before the Planning Board and
City Commission. The City Manager concurred with the finding, and a report to the City
Commission was placed on the September 1, 2009 agenda. ( Exhibit `B ")
2
CITY COMMISSION ACTION
The City Commission at its September 1, 2009 meeting received the report on the Red
Road Commons PUD -M modification and concurred with the finding. However, the.
Commission felt that the modification which also affects the number. of parking spaces
available for future commercial uses, should be "memorialized" or formally recorded as
part of the project's development approval. It was suggested that the Development
Agreement, also approved in 2005, should be amended to update the parking space
allocation formula and to note that compliance with the Land Development Code for
parking for future retail, office or restaurant uses will be required.
DEVELOPMENT AGREEMENT AMENDMENTS.-.
The Development Agreement has been amended in the past in order to adjust certain
provisions. The proposed amendments as set forth above would be included on pp.2 and.
5 in the current- Development Agreement. Attached is a copy_of the current Development
Agreement (Exhibit "C "). The Agreement would be amended by the following:
(p. 2) (the addition of new l .g.)
"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.
9. The extent of retail, office and restaurant uses shall not exceed, and be
limited by, the capacity of provided parking. The development shall comply
with the parking requirements in the Land Development Code Section 20-
4.4(B) for all retail, office and restaurant uses. .
3
(p.5) (footnote added as follows)
5. Site Plan.
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.*
*As of October, 2009: 958 total parking spaces remain after reductions set
forth in 5r above and 11 spaces removed for bike racks; 891 spaces for
residential units; and a total of 67 spaces remain for retail/ office/ restaurant
uses.
PLANNING BOARD RECOMMENDATION
The Planning Board at its September 29, 2009 meeting, after a public hearing, voted 5
ayes 0 nays recommending that the modifications be approved
RECOMMENDATION
It is recommended that the attached ordinance placing the above two modifications to the
Red Road Commons Development Agreement be approved on first reading.
Attachments:
Draft Ordinance
Communication from Jerry Proctor, Aug. 12, 2009(Exhibit A)
CM Staff report on Minor Modification to Site Plan, Sept. 1, 2009 (Exhibit B)
Development Agreement for Red Road Commons (Exhibit C)
Planning Board Minutes Excerpt 9 -29 -09
Planning and Zoning Dept. Staff Report 9 -29 -09
Public Notices
TJV /SAY
X: \Comm Items\2009 \10- 20- 09\Red Rd Development Agree CM Report.doc
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ORDINANCE NO.
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, AND AMENDED BY
ORDINANCE NO. 17 -05 -1839, 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 REQUIRE THAT
ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT CODE SECTION
20- 4.4(B) IS PROVIDED FOR ALL USES LOCATED ON THE PROPERTY AND TO
UPDATE THE CURRENT NUMBER OF PARKING SPACES PROVIDED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES. IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission at its March 28, 2005 meeting approved Ordinance
No. 11 -05 -1833 to amend the official zoning map of the City of South Miami changing the
zoning use district from TODD -MU4 to PUD -M 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;
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, the City Commission at its September 1, 2009 meeting discussed the
parking required and provided for the retail, office and restaurant uses at Red Road Commons
and directed that the Development Agreement be modified to assure that the parking space
requirements of Land Development Code section 20- 4.4(B) will be complied with; and
WHEREAS, the Planning Board at a its meeting of September 29, 2009 after a public
hearing, approved a motion a motion by a vote of 5 ayes 0 nays recommending 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. l (g) be added to the Development Agreement between the City and the
RRC 57th Avenue, LLC (successor to Codina Development Corporation) for the Red Road
Commons Project, adopted by Ordinance No. 12 -05 -1834 at the April 9, 2005 City Commission
meeting, and amended by Ordinance No. 17 -05 -1839 at the June 14, 2005 City Commission
meeting, is hereby amended by adding section 1(g) to read:
"l. 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:
l 2
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3 a. There shall be no more than 407 residential units on the Property.
4
5 b. The Property shall also be developed with'retail space and a leasing office.
6
7 c. Development on the Property shall not exceed five (5) stories above grade, in height.
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9 d. Development of the Property shall be in accordance with the adopted master site plan on
10 file at the City, including elevations, architectural features, and estimated commercial
11 square footage pursuant to Section 20:3 -7, City Code.
12
13 e. Development of the Property shall be in one (1) phase.
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15 f. A building permit for development of the project must be applied for within 6 months of
16 the date on which this final development agreement is signed, notwithstanding the
17 provisions of LDC Section 20- 3.7(i), Expirations of PUD Approvals.
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19 g. The extent of retail, office and restaurant uses shall not exceed, and be limited by,
20 the capacity of provided parking. The development shall comply with the parking
21 requirements in the Land Development Code Section 20- 4.4(B) for all retail, office
22 and restaurant uses.
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25 Section 2. That p.5 of the Development Agreement between the City and the RRC 57th. Avenue,
26 LLC (successor to Codina Development Corporation) for the Red Road Commons Project,
27 adopted by Ordinance No. 12 -05 -1834 at the April 9, 2005 City Commission meeting, and
28 amended by Ordinance No. 17 -05 -1839 at the June 14, 2005 City Commission meeting, is
29 hereby amended by adding a footnote to Item 5(r) as follows:
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31 (p.5) (footnote added as follows)
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33 5. Site Plan.
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36 r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with
37 Condition #5q, requiring removal of on- street parking on SW 66 Street], through a
38 combination of parking garage, a small surface lot, and on -site street parking.*
39
40 *As of October, 2009: 958 total parking spaces remain after reductions set forth in
41 5r above and 11 spaces removed for bike racks; 891 spaces for residential units; and
42 a total of 67 spaces remain for retail/ office/ restaurant uses.
43
44 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
45 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
46 validity of the remaining portions of this ordinance.
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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 , 2009
ATTEST: APPROVED:
CITY CLERK
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Palmer:
Commissioner Sellars
X: \Comm Items \2009 \10- 20- 09\Red Rd Development Agreement Amend Ord 10- 20- 09.doc
ATTORNEYS AT LAN/
A U C3 12 2004
y2Y_l `1 F It
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Via Hand Delivery
Mr. Thomas Vageline
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
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 b.ike 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 wwvv.bilzin.coi n
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 Code.
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,
4g7
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
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
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EXHIBIT « ►H
B �. 1.
CITY OF SOUTH MIAMI � �a
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 J
Planning and Zoning Departmen
Date: September 1, 2009 ITEM No.
Subject:
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
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
party 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), entitled
"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.
0)
(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 (- 1.0 %), 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 d6 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 1.1 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.
as Off -site parking 6
b. On -site street parking 25
C. Garage Parking 840
d. Building E 87
Total parking spaces provided 958
in
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
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
Retail /ffice/Restaurant Parking Calculations
of the 11 spaces for the
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 1 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.
5.
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.
.6
OR Sk 254Q6 Pss 00 2 - 72, (21RSS}
RECQRMED 03/M/2007 15102331
HARVEY RUVINt CLERK OF COURT
MIAt1I -DAQE MNTY F FLORIDA
'Fliis instrument prepared wide• the supervision:
and vrhen recorded rctuni to:
Jerry 13. Proctor, Esq.
Bilziai Sumbcr_, Barns Price &Axelrod LLP (Space Reserved for Clerk)
200 Saudi Biscayne Boulevard
suite 2500
\3ianu, Florida 331: ! -2336
DEVELOPMENT AGREE142ENT
iz�� y Aka v- c-k, 2007, by and
This Development Agreement is made as of this day of
bztwe.en The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57`h
Avenue, LLC ( "Applicant ").
Applicant hereby voluntarily makes, declares, and imposes .on the property described
belo,x% this agreement running „;ith 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 al.l .
persons claiming by, through, or under them until such time as this Development Agreement
(:'Development Agreement") is released in �vritinz as be-, afrer provided;
13�ILXE�S, Applicvlt o-0471s the property in the City, in Miami -Dade County, Florida,
let illy described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 69
Street (the. "Properly "), and
FFH ETREA-S, on July 22, 2004 Applicant filed an application with the City Lo rezone the
Property from TODD (Transit Oriented Development District) to)pUD -Nl (Planned Unit
Developmen*-h-fixed Use), and to obtain site plan approval (the "Application "), and
kT h'ER£ i5, the Florida Local Government Deve- loptnent .Agreement Act, set forth in
sections 163.3220 - '163.3243, Florida Statutes, (the "Act ") provides for ille execution of
development agreentems to insure that the ]aw in effect at the time of the. execution of the
development. agreement shall go.vem the development of the land for the duration of the
a�,reern ent.
N`0 TV, THF,RFFORE, 'in consideration of the covenants, conditions, and promises herein
conia.ined, the receipt and sufficiency of which are expressly acknowledged, Applicant and the
Cityhereby agree as follo" s:
41 c.4A11 Ii 193.10.15 7326021531
ir2 %U7 "All
. EXHIBIT A
1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions. of
Chapter 20, .Land Development Regulations of the City of South Miam. the
Property will be improved with the following:
a. There shall be no moire than 407 residential units on the Property.
b. The Property shall also be developed with retail space and a Ieasing 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 data 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
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 prior to issuance of a final Certificate of Use and
Occupancy.
b. Solid Waste services that comply with all requirements of Nfiami 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'ihe projected residential population on the Property, Applicant agrees to
donate X928,000 in one lump sum as its responsibility for meeting park and
recreation concurreacy. Payment shall be made on or before receipt of the first .
building permit and shall include any interest or carrying cost in=ed by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "B ", incorporated herein by reference.
e. Traffic- Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate left-turn, northbound entrance lane on Real
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
MIAM 819310.15'7326021531 2
3h- 9/07
,
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 go- vernmental 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 ivledian Income (AMI),, as defined by the U.S. Deparhnent of
Housing and Urban Development. Proof of Compliance -v i h 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 bfS100,000 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 fiend to .assist in the development of low income housing in the City's
Comn:uunity Redevelopment Agency area.
I. Taxes: Applicant agrees to pay all taxes to the City of South.I��iami in an amount
equal to the annual Operating lvlillage Rate. If the Property Owner receives an
exemption for paying Operating Millage Taxes from.lvliami -Dade County, the
Property Ox'vner 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 0,A.-ner's rights to file appeals of
Tax Assessments for the Property, in accordance with the hvws of Miarni -Dade
.County.
4. Wark Force: In an effort to enhance job opportunities for local citizens,
Applicant agrees to give a preference to job applicants residing in South t,,Iiami.
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
recnuimieni 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 CPA district to assist the Applicant in providing
construction sen,i.c.es during the period of construction and development of the
Property. P231=nt for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels ' and responsibilities in comparable
industries.
MIAMI S0310.15 73250121531
Sn_9io;
5. Site P12n.
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 designed and operated as a
tight turn out only driveway. The exit shall be closed with a gate to prevent tarn
out bet%veen 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 tivith SW 57°i
Avenue tral.'fic. All ldurrvCane 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
n
trees with trunk circumferences not less than 6 inches on the City's property
between the FPL facility and the South Mianii Community Center. The row of
trees to -be located on the City's property between the FPI, facility and the South
Miami Cbinmunity Center shall be uniform in appearance 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 sen ice station.
h. Employee parking shalt 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. ,kpplicant shall provide a master- signage plan for project identification, traffic,
routing, and retail stores prior to final project approval by the Environmatal
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. iVithin six months of project completion the applicant is to
provide a certified. report on the mandated illumination level.
L Applicant is to assure that the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions.. of service
,M I Ah71 E 193 i ir. 15 73 2602 1 531 4
3;29/0?
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.
I, 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 \ pith rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
ui. Applicant must limit the types of retail establishments in ' ord to asslionthiat the
regeired parking does not exceed the initial parking.
plicant to provide the City an iru'tial parking plan for
adopted master site plan. Ap
llocated number of spaces for each occupant.
retail stores and shall maintain the a
n. Applicant shall install all sidewalks as shown on the adopted master site plan.
o, Applicant shall open up Che 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 ttsidenda_l building.
P. Applicant and the City shall agree on the number of locations of the loading zones
e final approval of the Development Agreement. The dimensions and
prior to th ns e the loading zones shall be attached as an exhibi.t to the Developtneltt
locatio
Agreement. '
L1 . Applicant understands and agrees that the City may elimu?ate the on -sweet
parkiiYg spaces located on SW 66 Street.'
r, Applicant shall provide 1,001 . parking spaces [which may be. reduced in
66
oval of on- str
accordance ��ith Condition fr5q> requiring remeet parking on S1�r
Street], through a combination of parking garage, a sn ?ail surface lot, and on -site
street parking.
s, The Applicant a i11 commit to participate n unacio 1t county artdgroup
St to agencies First to
Methodist Church of South Miami P
devise a plao mutually Bgreeable to Applicant and the First United Methodist
for Church of South 1,fia. ii, for pedestrian improvements u and br spef fict pedestrian
Road. Applicant will contribute the
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
Tl�e Applicant will present plans for traffic permits indicating travel lanes of 10.5
feet oil 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
and the First United Methodist Church to the east, .subject to the approval of
1�liami Dade County and the State of Florida Department of Transportation,-
1 tIA1 1I S 19. i v.15 73260_2 1531 $
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 Pa11. 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 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
Properly. Decisions shall be m.ade jointly by the City and School Board, and
fuo.ds 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 th.e 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.
Unity of Title. Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20- 3.7(B)(1.), City Code.
NIOW THEREFORE, the City, in consideration of the premises, hereby agrees as
follows:
8.1 Vesting. As.long as the, development. on the Property is in compliance with this
'Development Agreement, and all applicable laws, ordinances; codes, and policies
i n existence at the time of-the execution of the Development Agreement as «cell as
other MoUi.rements 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 dovtimzorung application by the City and shall not be'subject ro 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, terni or restriction shall not relieve the Applicant of
The necessity of complying with the Jaw governing said permitting requirements,
conditions, terms or.restrictions.
Impact Fees. The Property shall not be subjects to any new impact fees imposed
by the City after the adoption of the Rcsolution approving this Development
Agreement.
M1 [A MI S 193 1 0.1 i 7326021 531
3:'39, 07
10. Concurreney and Consistency. The Application together with the Applicant's
perforriance under the Development Agreement satisfies the cortcurre-ncy
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 concurren.cy 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,
AddibonnJ Requirements:
] 1. 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.
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 aiulually 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
obli_aations 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 Narritten 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 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 reeuJat'ions for alnendment'to
PUD -A4 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 damatres or both. The prevailing party in
the action or suit shall be entitled to recover, iii addition to costs and
1 +11AM1 S1931O.I; ii 26021531
3129.'O'
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 °ro of the judgment.
15.. Inspection. Nothing in this Agreement shall be construed to waive. or limit the
City's goverrunental authority as a municipal corporation and political subdivision
of the State oFFlorida. 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. kotborization to Withhold Permits and Inspections. - hl the event the
Applicant(s) is!are obligated to snake payments ts or improV etneats under the terms
of this Development Agreement and such pa) rnents are not made as required, es
sue -h 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
perniits 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 ;Agreerneni 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 proc.eedines pending or threatened against or
affecting Applicant before any court or governmental agency' that would in any
material Way affect Applican.t's ability to perform this Agreement.
d. Applicant shall not act in any vvay whatsoever, directly or indirectly, to cause this
Agreement to be amended, modified, canceled or terminated, except pursuant to
its express terns, 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.
g, Severabilirv. If any provision of this Development Agreement or the application
thereof to any person or circumstances is held invalid, prohibited, or
unenforceable for an y reason, this (hz Development Agreement shall be
N1IAI1; S J!)' , I ( ?.15 7336021531
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 c -ontained in this Agreement are for ease of reference only and -shall
not affect the interpretational meanuig of this Agreement. Whenever the term
"included" is used in this Agreement, it .shall mean that the included items or
tenns are included without limitation as to, any other items.or terms which may
fall within die 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 inters st to the parties of
this Agreement.
?]. Captions and HeadinLm Paragraph headiness are for convenience only and
shall not. be used to construe or interpret this Agreement.
22: Applicable Laws, Jurisdiction, Ind Venue. This Agreement shall be governed
by and interpreted, construed, and enforced in accordance with the internal law's
of Florida without regard to principles of conflicts of law. This Agreement. may
be enforced as provided in Section 163.3,243, Florida Statutes. Venue for any
litigation' pertaining to the subject matter hereof shall be exclusively in, Mian-i.i-
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 Mianii, Fl. 33143
Cope to:
Planning Director
Planning and Community DeveIopment.Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
t11.4M1 S19310.15 7:,26021531
For the Applicant:
Irm.a .Abella, Esq.
General Counsel's Office
University of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, Fl. 33125
Copt/ to: .
Jerry B. Proctor, Esq.
Bilzin Sutnberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, Fl. 33131
2 t. Waivers. l�lo 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 witli 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 ot be enforced by any part' other
than the parties to this Agreement and. shall not give rise to liability to any third
pally other than the authorized successors and assigns of the parties hereto.
26. Sgnjval. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the temunaiion of this Agreement, shall sun,ive any
such termination including vrithout limitation, para� apps 2, 3 and 6 which shall
rm
survive this Agreement.
_'7. Periods of Time.. Whenever any deterniination 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
d_ay which is tiot a Saturday, Sunday or legal holiday.
2S. Entire Aareeinen t. 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
the parties with respect to the subject rnatter hereof are.contained herein. No other
agrecmelits, covenants; representations, or warranties, express or implied, oral ot-
Written have been made by any party to the other with respect to the subject
matter of this Agreement. All -prior. and contemporaneous conversations,
111AM1 &-19.1 0.15 7 326021>31 10
=%29 I'D
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to'the subject platter 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. Counte.rpnrts. 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. Within 20 days after the Developmment Agreement has been signed
by both the Applicant and the City, i.he Applicant shall -cause a copy of the
Development_ Agreement to be recorded at the Applicant's e� pease in the registry
of deeds in 1vliami -Dade County.,
31. Exhibits. All exhibits attached hereto contain additional terms ofthis.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 rile Park donation is established and agreed upon
by the Applicant and the CiTy in accordance with Paragraph ft d. If the Park
donation is not established in accordance with Paragraph #Zd, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
N� bYITYE�7S WHEREOF, these presents have been executed this � day of
arcAn ; 2007.
.V11AM IS] 9 1-0.15 71260215.11 ] ]
ACKNOWLEDGME -NT AND ACCEPTANCE
BY CITY OF SOUTH NIL -4-AII
K '0 T- ALL AfL:N B }' T HL• SE PRESf VTS that:
The City of South Nfiami acknowledges and accepts the foregoing Development
Agreement and each and all of Lhe terms and provisions contained 1 therein,
dated and attached hereto.
DATED this cP day of I��G'A� , 2007.
CITY OF SO L'TH MI. ly f
By:
Yvomit S ler- McKinley
City Manager
,,C=- Y CLERK /
Maria M. Menendez v
STATE OF
`, ) SS
COUNT' OF fC .Cti!ri� --t )
The foregoing in/stniment ,vas acknowledged before me this` .9 day of Jr/ 'tGCg 2007 by
of the City of South M jai ni and attested to by
r/ l/
t aria M. Menendez City Clerk, of the Ciry of South Miami who are ( ) personally known
tome or ( )produced a valid driver's license as identification.-
Maria M. Menendez
Notary Public ,
Sign Name:
Print Name: �--� pga�a M. Menendez
Nl4 , Commission Expires:
Serial 1\o. (None,'i.fblar�l:):
[NOTARLkL. SEAL)
haARIAM.MENENDEZ-
;J o I.fY COMMISSION C OD 271979
MIAM) 5i)iIQ 1 ; 7.26M15;.1 1•� k'^-,- �_.,. .
IN WITNESS WHEREOF, the undersigned party has agreed to this Development
Agreement dated as of the day of MCkrm k -2007.
W to sses:
�` . RRC 57n{ Avenue, LLC, a Florida
}r� limited liability company
Print Name: 1-�-r m CL 'By: University of Miami, a Florida non - profit
corporation; its sple member
5 Y• �d
lame: Joseph toli
Print Name: (�;'- � � 4 Title: Senior r ice President for Business
and Finance
STATE OF FLORIDA ),
) SS:
COUNTY OF MIAMI -D ADE)
The foregoing instrument was acknowledged before me thiA day o
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of 4theiv�ekrsi
of Miami, a Florida non - profit corporation, the Sole Member of RRC 57Th Avenue, LLC, a
Florida lirtmited liability company. Hp /She is personally known to me. or has produced a State of
driver's license as iden-rification-
Sign Name:
Print Name: IV! J Ill ?fY1
My Commission Expires: -Not , UBLI
Serial No. (none, if blank):
[NOTARY SEAL] '
NOTARY PUBLIC.STATE OF FL.ORIDA
Melody M. Smith
' = Commission # DD589811
Ezphr: OCT 10, 2010
BotiOED THRC 1S1AN71C 004�ING Co., 114C
NfIAM1 8193 10.15 7326021531 13
3/28/07
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, September 29, 2009
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 8:00 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairperson, Mr. Morton requested a roll call. Board members present
constituting a quorum:
Present: Mr. Cruz, Ms. Young, Mr. Morton, Ms. Yates, Mr. Whitman and Mr. Farfan.
(came in late).
Absent: Mr. Comendeiro
City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Maria Stout -Tate (Administrative Assistant II), Lourdes
Cabrera - Hernandez (Principal Planner), Mark Goldstein, Interim Assistant City Attorney.
IV. Planning Board Applications/Public Hearings.
Motion was adopted and passed.
PB -09 -023 -
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. 12 -05 -1834, AND AMENDED BY ORDINANCE NO. 17 -05=
1839, 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 REQUIRE THAT ALL REQUIRED PARKING PURSUANT TO
LAND DEVELOPMENT CODE SECTION 20- 4.4(B) IS PROVIDED FOR ALL USES
LOCATED ON THE PROPERTY AND TO UPDATE THE CURRENT NUMBER OF
PARKING SPACES PROVIDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Ms. Young read into the record.
Planning Board Meeting
September 29, 2009
Page 2 of 4 _.
Mr. Morton asked City staff to speak on this issue.
Discussion: Mr. Youkilis stated that in a letter to the City in August, 2009 from Mr. Jerry Proctor
an attorney representing Red Road Commons LLC a modification was requested to the adopted
Planned Unit Development -Mixed Use (PUD -M) Master Site Plan for the project which was
approved by the City in 2005. The proposed modification to the "Red Road Commons" PUD -M
adopted Master Site Plan was proposed 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 needed to be removed.
Mr. Youkilis stated that the City of South Miami Land Development Code (Section 20- 5.12(F),
entitled "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. A major modification generally involves an increase in density, height or
uses within the PUD project. The Planning Director determined that the proposed change to the Red
Road Commons PUD -M was a minor modification and therefore did not require public hearings
before the Planning Board and City Commission. If the City Manager concurs with the finding, a
report to the City Commission is then made. This report to the City Commission contained a very
detailed analysis and update on the amount of parking required for the project.
Mr. Youkilis went on to state that the City Commission at its September 1, 2009 meeting received
the report on the Red Road Commons PUD -M modification and concurred with the finding.
However, the Commission felt that modification which also affects the number of parking spaces
available for future commercial uses should be "memorialized" or formally recorded as part of the
project's development approval. It was suggested that the Development Agreement, also approved
in 2005, should be amended to update the parking space allocation formula and to note that
compliance with the Land Development Code for parking for future retail, office or restaurant uses
will be required.
Mr. Youkilis stated that the Development Agreement has been amended in the past in order to
adjust certain provisions. The proposed amendments as set forth above would be included on pp. 2
and p. 5 in the current Development Agreement. The Agreement would be amended by the
following:
(p. 2) (the addition of new l .g.)
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.
Development on the Property shall not exceed five (5) stories above grade, in height.
Planning Board Meeting
September 29, 2009
Page 3 of 4
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.
The extent of retail, office and restaurant uses shall not exceed, and be limited by,- the
capacity of provided parking. The parking requirements in the Land Development
Code Section 20- 4.4(B) for all retail, office and restaurant uses shall be complied. with.
(p.5) (footnote added as follows) -
5. Site Plan.
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.*
*As of October, 2009: 958 total parking spaces remain after reductions set forth in 5r
above and 11 spaces removed for bike racks; 891 spaces for residential units; and a
67 spaces remain for retail/ c
Mr. Youkilis stated that it should be recommended and that the above two modifications to the Red
Road Commons Development Agreement be recommended for approval.
Mr. Cruz asked if they need the eleven spaces to be able to build what they have there. Mr. Youkilis
stated that they have 67 surplus spaces for future office, retail, and restaurant uses.
Mr. Vageline then read from the City Manager's September 1, 2009 report showing how many
parking spaces were created and the available spaces at the present time.
Mr. Morton opened the public hearing:
NAME: ADDRESS SUPPORT /OPPOSE
Jerry Proctor 200 S. Biscayne Blvd. Supports,_
Mr. Proctor stated that he did not mind that the City brought this amendment to the Planning Board.
He went on to say that the bike racks were being put in so that residents could take part in other
methods of transportation for those who would reside in this site. Mr. Proctor stated that these 11
Planning Board Meeting
September 29, 2009
Page 4 of 4
spaces would not be an issue; as there was adequate parking already established for entire project.
We are here tonight because we made a minor amendment that was accepted by the Planning &
Zoning Director and City Manager forwarded to the City Commission.
Mr. Morton closed the public hearing.
Mr. Morton inquired if there were any questions from the Board.
Mr. Whitman suggested an amendment on page 2,.paragraph G, which is being added, modify the
second sentence top read with "The development shall comply with the parking requirements in the
Land Development Code Section 20- 4.4(B) for all- retail, office and restaurant uses."
Mr. Morton asked if this was a motion.
Motion: Mr. Whitman moved to revise the amendment as described. Seconded by Mr. Cruz.
5 ayes, 0 nayes.
Motion was adopted and passed.
Motion: Mr. Whitman made a motion to accept the entire amendment as a whole. Seconded by Mr.
Cruz.
5 ayes, 0 nays.
Motion was adopted and passed.
XAComm Items\2009 \10- 20 -09\PB Minutes Excerpt 9- 29- 09.doc
5O u r� South Miami
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All-America City
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• INCORPORATED •
1927
A
�OR
2001
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Departme
Date: September 29, 2009
Re: Amendment to the
Development Agreement
for Red Road Commons
PB -09 -023
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. 12 -05 -1834,
AND AMENDED BY ORDINANCE NO. 17 -05 -1839, 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 REQUIRE THAT
ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT
CODE SECTION 20- 4.4(B) IS PROVIDED .FOR ALL USES LOCATED ON
THE PROPERTY AND TO UPDATE THE CURRENT NUMBER OF
PARKING SPACES PROVIDED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND _PROVIDING AN
EFFECTIVE DATE.
Background
In a letter dated August 5, 2009 from Mr. Jerry Proctor (copy attached as Exhibit "A "),
an attorney representing Red Road Commons LLC a modification was requested to the
adopted Planned Unit Development -Mixed Use (PUD -M) Master Site Plan for the project
which was approved by the City in 2005. The proposed modification to the "Red Road
Commons" PUD -M adopted Master Site Plan was proposed 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 needed to be removed.
1
a
J_�
PUD Modification Procedure
The City of South Miami Land Development Code (Section 20- 5.12(F), entitled
"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. A major modification generally involves an
increase in density, height or uses within the PUD project. The Planning Director
determined that the proposed change to the Red Road Commons PUD -M was a minor
modification and therefore did not require public hearings before the Planning Board and
City Commission. If the City Manager concurs with the finding, a report to the City
Commission is then made. A copy of that report to the City Commission dated September
1. 2009 is attached as Exhibit "B ". It is important to note that this report to the City
Commission contains a very detailed analysis and update on the amount of parking
required for the project.
City Commission Action
The City Commission at its September 1, 2009 meeting received the report on the Red
Road Commons PUD -M modification and concurred with the finding. However, the
Commission felt that modification which also affects the number of parking spaces
available for future commercial uses, should be "memorialized" or formally recorded as
part of the project's development approval. It was suggested that the Development
Agreement, also approved in 2005, should be amended to update the parking space
allocation formula and to note that compliance with the Land Development Code for
parking for future retail, office or restaurant uses will be required.
Development Agreement Amendments
The Development Agreement has been amended in the past in order to adjust certain
provisions. The proposed amendments as set forth above would be included on pp.2 and
5 in the current Development Agreement. Attached is a copy of pp. 1 -5 of the current
Development Agreement (Exhibit "C "). The Agreement would be amended by the
following:
(p. 2) (the addition of new l .g.)
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.
a
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.
The extent of retail, office and restaurant uses shall not exceed, and be
limited by, the capacity of provided parking. The parking requirements in
the Land Development Code Section 20- 4.4(B) for all retail, office and
restaurant uses shall be complied with.
(p.5) (footnote added as follows)
5. Site Plan.
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._
*As of October, 2009: 958 total parking spaces remain after reductions set
forth in 5r above and 11 spaces removed for bike racks; 891 spaces for
residential units; and a total of 67 spaces remain for retail/ office/ restaurant
uses.
Recommendation
It is recommended that the above two modifications to the Red Road Commons
Development Agreement be recommended for approval.
Attachments: I
Communication from Jerry Proctor, Aug. 12, 2009(Exhibit A)
CMStaff report on Minor Modification to Site Plan, Sept.. 1, 2009 (Exhibit B)
Development Agreement for Red Road Commons pp. 1-5 (Exhibit C)
Public Notices
TJV /SAY
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