11-03-09 Item 6South Miami
NI- America CRY
CITY OF SOUTH MIAMI , I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the 94y Commission
Via: Roger M. Carlton, Acting City Manager 4'Pa1E--4__
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: November 3, 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.)
461. 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.
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.
g: 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
1 ORDINANCE NO.
• 2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
6 ADOPTED. AS PART OF ORDINANCE NO. 12 -05 -1834, AND AMENDED BY
7 ORDINANCE NO. 17 -05 -1839, WHICH APPROVED THE DEVELOPMENT
8 AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT
9 KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND
10. 5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO REQUIRE THAT
11 ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT CODE SECTION
12 20- 4.4(B) IS PROVIDED FOR ALL USES LOCATED ON THE PROPERTY AND TO
13 UPDATE THE CURRENT NUMBER OF PARKING SPACES PROVIDED; PROVIDING
14 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the City Commission at its March 28, 2005 meeting approved Ordinance
18 No. 11 -05 -1833 to amend the official zoning map of the City of South Miami changing the
19 zoning use district from TODD -MU4 to PUD -M to permit the construction of a mixed use
20 project entitled Red Road Commons which project would be located at 6600 -6640 SW 57
21 Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses;
22 and
23
1024 WHEREAS, the City Commission at its April 9, 2005 special meeting adopted
25 Ordinance No. 12 -05 -1834 approving a Development Agreement between the City and the
26 developer, the Codina Development Corporation for the Red Road Commons Project; and
27
28 WHEREAS, the City Commission at its September 1, 2009 meeting discussed the
29 parking required and provided for the retail, office and restaurant uses at Red Road Commons
30 and directed that the Development Agreement be modified to assure that the parking space
31 requirements of Land Development Code section 20- 4.4(B) will be complied with; and
32
33 WHEREAS, the Planning Board at a its meeting of September 29, 2009 after a public
34 hearing, approved a motion a motion by a vote of 5 ayes 0 nays recommending of the proposed
35 amendment to the Development Agreement.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1. That Section 1(g) be added to the Development Agreement between the City and the
41 RR Avenue, LLC (successor to Codina Development Corporation) for the Red Road
42 Commons Project, adopted by Ordinance No. 12 -05 -1834 at the April 9, 2005 City Commission
43 meeting, and amended by Ordinance No. 17 -05 -1839 at the June 14, 2005 City Commission
44 meeting, is hereby amended by adding section 1(g) to read:
45
•46 "1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20,
47 Land Development Regulations of the City of South Miami, the Property will be
48 improved with the following:
l
2
•2
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.
8
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.
14
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.
18
19
li
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 parkins
21
requirements in the Land Development Code Section 20- 4.4(B) for all retail, office
22
and restaurant uses.
23
•24 * * * *
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:
30
31 (p.5) (footnote added as follows)
32
33 5. Site Plan.
34
35
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.
47
48
3
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
ATTEST:
CITY CLERK
1St Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2009,
APPROVED:
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
0
ATTORNEYS AT LAW
1'1 '` it
A
Via Hand Delivery
Mr. Thomas Vageline
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
AUG 12 2004
J %_;. ' fir` • ... •i: , 4.,r, ):.1:,3
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 ww�v.bilzin.coiin
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
8110109
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
'Unwe '.
c: Ajibola Balogun, City Manager, City of South Miami
Luis Figueredo, Esq., City Attorney, City of South Miami
Jay Jacobson
Aaron Croyle
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
MIAMI.] 883899.2 7743027649
8/6/09
•
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"auth Miami
EXHIBIT GGB» 113OLIM
CITY OF SOUTH MlAnrlt
r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
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.
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
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
f.
commission.
If the application is approved by the city commission, it shall be
submitted to the environmental hoard for final aesthetic approval.
1 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 (- 1.0 %), retail use (- 12.8 0/o), 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 48
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 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.
a. Off -site parking 6
b. On -site street parking 25
C. Garage Parking 840
d. Building E 87
• Total parking spaces provided 958
M
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
RetaiUffice/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 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.
C. If all 9,304 square feet were to be used for restaurant uses, the required
• panting 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.
U
•
2
x wo rr
'this instrument prepared undcr the supervision:
and when recorded rcturn to:
Jerry 13. Proctor, Esq.
Bil " I Sun•ibcr, Bae•na Price & Axelrod LLP
200 South Biscayne Boulevard
Suite _500
,dianu, Florida .531 1 -2336
CFN 2007ROO28886
OR Bk 254F& Ns W52 - 721 (21;,55)
RECORDED 03 /30/2007 15,02331
HARVEY RUVINt CLERK OF COURT
MIAMI -DADE COUNTY, FLORIDA
(Space Reserved for Clerk)
DEVELOPMENT AGREEMENT
?regiment is made as of this day ofAAaY�, 2007, by and
This Development A�
between 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
• belov,, this agreement running v ith the title to the land, which shall be binding on and shall inure
to the benefit of flee Applicant, successors and assigns, mortga-ees, lessees, and against al.] .
persons claiming by, through, or under them until such time as this Development Agreement
( "Development Agreement ") is ,released in rvriti�tg as hereinafter provided;
T3�1£k£._�.5, Applicv;t owns the property in the City, in Miami -Dade County, Florida,
!e>;illy described an Exhibit ".0 also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68
Street (Lhe "properly "), and
TTHF_RE4S, on July 77, 2004 Applicant filed an application with the City to rezone the
T'raperty from TODD (1`�U -4) (Transit Oriented Development District) to PUD -M (Planned Unit
Development- A-fixed Use), and to obtain site plan approval (the "Application "), and
TTHEI; iS, thz Florida Local Goverrv»ent Deve.lopment.Agreemcnt Act, set forth in
sections 1 Ci3.3?20 - '163.3243, Florida Statutes, (the "Act ") provides for ilte execution of
dev - Jopment a�,.reements to insure that the lave in effect at the time of the. execution of the
development.agreenient sltall govern the development of the land for the duration of the
a�reem e -nt.
NfOTV 7"JYE.R. 'FORE, in consideration of tl;e covenants, conditions, and promises herein
contained, the receipt and sufficiency of whicl; are expressly aclnmv ledged, Applicant and the
City hereby agree. as f0110_ +`s:
f�1L4�91 c 193.10.15 73 2602153 1
3r_9ro7 EXH IT IJA,I
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
• Miami, Applicant agrees to provide services in compliance with Section 204.1 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 5928,000 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 incurred 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 Red
Road (SW 57 Avenue) into'tbe 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
• %UA1vO 8 19310. 15 7326021531 2
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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 -v.vill pay for and construct the beautification improvements,
L Housing — A requirement of ten Percent (10 %) of the units will rerit to individuals
or families in the moderate income segment of the affordable housing group. If
th.e 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 deviationsresulting from short-term vacancies. Incomes shall
be based on Area Median Income (AMI),. as defined by the U.S. Depaitment 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
foll yeau• to the City Manager. In addition, the .Applicant shall make a
payment of 5100,000 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
Community Redevelopment Agency area.
• 3. Tries: Applicant agrees to pay all taxes to the City of SOLLth.Mlami in an amount
equal to the annual Operating 1vlillage Rate. If the Property Owner receives an
exemption for paying Operating Mil.lage Taxes from. Miami -Dade County, the
Property Owner shall contribute an amount equal to the Operating Miltage 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. 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 (l) bids for construction work on the
Property, (2) bids for temporary or permanent maintenfmce 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 tiro 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.
•.
MIAMI S 0310.15 7336031531
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5. Site Plan.
a. Applicant shall retain stonnwater drainage runoff on site in accordance with City
rc�ulations.
b. Applicant shall provide on site security. As pan 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 emer�f7ency
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 Sl•'F' 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 be[,.veen the hours of 7:00 A.M. and 10:00 A..M., Monday through Friday..
e. Applicant shall provide a minimum of one (l) stop location on site for service by
the H.urryCaue shuttle. The shuttle stop locations shall not interfere with SW 57'I'
Avenue traffic. All EurryCane 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 t}re City's property between the FPI, facility and the South
lvliami 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. Emplo}'ee 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. SSrithin six months of project completion the applicant is to
provide a certified report on the mandated illumination level.
J_ Applicant is to assure that the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions. of service
• IMIAh41 fil)_t0.15- 3360_15:1 4
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areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at final approval stage and adopted and
a of the Development Agreernenthe
Development Agreement prior to final approv 1 P
I. All parking and street improvements placed ovith fundstfrom a nl intenance bond
Avenue by the Applicant shall be maintaintd t
to be posted prior to permit issuance in accordance with rules of t11e Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
in. Applicant must limit the types of retail establisluneants in order to asaurnthat thee in
required parltlag does not exceed the initial r parking.
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 n ng Board, tntord retosbreak up the long facade Hof
plan, as approved by the Pl
the tesidenLi.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 elimnlate the on- street
parkiho spaces located on SW 66 Street.
r. Applicant shall provide 1,001 . parking spaces [which may be. reduced in
accordance ,vith Condition h5q, requiring removal of on- street parking on 51�r 66
Street], through a combination of parking garage, a small surface lot, and on -site
street parkins.
S. The Applicant will commit to participate in a join.t 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 [anted Methodist
Church of South Mianzi, for pedestrian improvements and beautification for Red
Road. Applicant will contribute the construction cost 0.1 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
and the First United Methodist Church to the east, subject to the approval of
hfiami -Dade County and the State of Florida Department of Transportation.-
t. The Applicant sha1J 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. Seliools. In an effort. to assist public schools located within the City, Applicant
voluntarily agrees to donate 534;800 to the Nfi.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 ru o year period, the Applicant's donation may be utilized to fund n
programs; purchase materials (such as additional computers) or in any maner
that the School Board and the City deterini.nes 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 incorporared'by reference.
• 7. Units, 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:
Vesting. As long as the development on the Property is in compliance with this
Development Agreement, and all applicable Jaws, 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 do«nzoning application by the City and shall not be subject to any
development. moratorium, referenda action, orLnances, 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.
9. Impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the. Rcsolution approving this Development
Agreement.
• MIA)A1 519310.15 7326021531
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10. ConcurrencY and Consistency. The Application together with the Applicant's
performance under the Development .Agreement satisfies the corlcurrency
requirern.enis, 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 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. `(1 -05- 18.33. 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
obli_eations 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 Nvritten notice and opportunity to' cure the non - compliance. The Applicant
shall have 45 days after the expiration of the 15 -da) 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.
0
13. Alodification. The provisions of this Development AD eement maybe 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. A17y
modifications to the Site Plan must comply with the regulations for amendn)ent'to
PUD -1\Q 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 artempting 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, iii addition to costs and
Mj,,kMI SI9310.15 7326021531
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disbursements allowed by law, such sum as the court- may adjudge to be
Attorney's fees payable under this
reasonable for the services of its attorney.
paragraph shall not exceed 259r16 of the judgment.
15.
Inspection. Nothing in this Agreement shall be construed dto %v ve. or linai he
municipal political
City's goverrunental authority as a .corp
State of Florida. T(le Applicant, therefore understands and agrees that any
of the.
official inspector of the City of South Miami, or its agents duly authorized, may
hours entering
s
have the privilege at any time ses normal working
i e
to determine illePropertycompl
in.vesrigatirig the use of 1p emi
vvith building and zoning regulations and the conditions herein.
16.
authoriz ition to Withhold Permits and Inspections. v, the event the
ements under the terms
Applicant(s) is/are obligated to snake payments or impro�
made as required, or
of this Development Agreement and such payments are not
are not made as required, in addition to any other remedies
sLlch improvements
available, the Citv of South lViami is hereby authorized to withhold any further
" this Development
to com 1 with
permits on the portion of the Property failing P y.
any approvals,
a.grcement, and refuse to grant any inspections,
of the Property until such time this
of occupancy with regard to that portion
Development Agreement is complied with.
•1-17.
Representations of the Applicant. Applicant represents to the City as follows:
a,
The execution, delivery and performance of this Agreement and all other
in connection with this Agreement have
instruments and agreements executed
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,
in accordance with
valid and binding obligations, enforceable against Applicant
its terms.
C.
There are no actions, suits or proceedines pending or threatened against or
agency' that would in any
affecting Applicant before any court or governmental
Applican.t's ability to perform this Agureement.
material v ay affect
d.
directly or cause to
�pplic@.nt shall not act in any way whatanctl
Agreemeni to be amended, modified, cancele d terminated,
to ensure that this
its express tens, and shall take all actions necessary
in full force and effect at all times.
Agreement shall remain
AppIicant has the financial capacity 10 pay or advance in the City all fees and
payments as required under this Agreement.
IS.
Serer_ a_ bility• If any Provision of this Development Agreement or the application
is held invalid, prohibited,
thereof to an person or circumstances
d'
this the Development Agreement shall be
unenforceable for any reason,
M]ANU 819= 10.I57336031531 S
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
teens are included without limitation as to, any other items.or terms which may
fall A,ithin the listed category.
20. Bindin-. Effect. Tlne 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 Headings. Paragraph headings are for convenience on]), and
shall not. be used to construe or interpret this Agreement.
72 4pplicable Larvs Jurisdiction. and Venue. This Agreement shall be governed
by zuid interpreted, construed, and enforced in accordance with the internal lays
of Florida without regard to principles of conflicts of law. This Ateement. 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 lvliam.i-
Dade County, Florida.
23. Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the Cite:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Cope to
Planning Director
Planning and Community DCVeloptnent.Department
City of South lYfiami
6130 Sunset Drive
South Miami, Fl. 33143
•
M )AM 1 519310.1 .5 7336021531
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 Sumberg Baena Price &_ Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami; Ft. 3313 )
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
'io exercise any right or remedy consequent uporl the breach thereof, shall
constitute a waiver of any such breach or any subsequent breach of such covenant,
agar'eemer7t, term or condition. NO covenant,
waived, this
Agreement and no breach thereof shall be red or modified
written instrument. N o 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 witti respect to any other then existing or
SL bsequent breach thereof.
25. Third Party BerieBciarv. This Agreement is. exclusively for the benefit of the
parties liet.•eto and their Affiliates and it may ot 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 parries hereto.
26. Survival. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the temunation of this Agreement, shall survive any
such remaination 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 )teal holiday, then in such event said date shall be extended to the next
day whicb is riot a Saturday, Sunday or lc-al holiday.
25. Entire Aareernent. This Ag etinent sets forth the entire agreement bem,cen 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
agrccments, 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,
• 111AIviI P93 MIS 7326021531 10
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•
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.
3��. Recordation. Withio 20 days after the Development 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 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 Developinent Agreement,
shall not become effective until the Park donation is establishzd and agreed upon
by the Applicant and the City in accordance with Paragraph #i2d. If the Park
donation is not•established in accordance with Paragraph 42d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
iF'
Z,,N/ 1.67TNE�SS I- HF_RFOF, these presents have been executed this a � day of
Iii atrrkl 2007.
• i111AMI 5103, 1;0.15 71260315.11 1 1
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is
•
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MI_Ah1I
KNOT -FALL MEMBYTHESE 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 a � . day of /�/ � G'f� , 2007.
CITY OF SOUTH TVILAMY f
By:
Yvoru:7e S ter - McKinley
City .Manager
1,4,TTEST.
`ICIT:rCLERK /
Maria M. Menendez v
STATE OF
/ ) SS
COUNT' OF
The Foregoing instrument 1,vas acknowledged before me this C� II day of Ztk-- (2007 by
V. f�'7`y� /Lir�`ri'y of the City of South Miami and attested to by
Maria M. Menendez City Clerk, of (he City of South Miami who are ( ) personally known
to nte. or ( ) produced a valid driver's license as identification.
My Commission Expires:
/;,::': _ : o c -, /,'
MIAM) E441---4k-4 93111 I, 7326M 15-k I
Maria M. Menendez
NTotary Publi
Sign Name: ���''�C --t
Print Name: �--� p,laria M. Menendez
Serial N'o. (None, i.f blank):
[NOTARLA.L. SEAL)
MAR)/+. M. ME14ENDEZ-
y o "Y COMMIS=N 5 DD 271979
'FC.•sti��' EXNPE'S: ijNrC;h Jt5 >.'49
FINT WITNESS WHE OF, the undersigned party has agreed to this Development
Agreement dated as of the��day of MC1.Y ),' .2007.
W to sses:
RR C*
57n4 Avenue, LLC, a Florida
y� limited Iiability company
Print Name: !'Y1"I Q f j�3�il� 'By: University of Miami, a Florida non - profit
corporation; its s e member
5 Y:
� ! ame: Joseph jl toli
Print Name: ( Xf sC 14 Title: Seniory 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 the iversity
• of Miami, a Florida non - profit corporation, the Sole Member of RRC 57th Avenue, LLC, a
Florida limited liability company. lip/She is personally known to mg- or has produced a State of
driver's Iicense as identification_
Sign Name:
Print Name: �J7
My Commission Expires: NOTARY . UBLI
Serial No. (none, if blank):
[NOTARY SEAL]
NOTARY PCBLIGSTAT, OF FLORIDA
Melody M. Smith
. Commission #DD589811
E7jres: C)CI: 10, 2010
BOtiDFD
RU AT L'T7C BO. 7VC
• h1tAMI 8 193 10.15 7326021531 13
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0
U U __N_
L0RYO
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.)
441. 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.
p p rty
•
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.
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 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.
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
•
To: Honorable Chair & Date: September 29, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: Amendment to the
Planning and Zoning Departme 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
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.
2
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: l
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
X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \9- 29- 09\Red Road Commons Devel Agree Amend 2009 Report.doc
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