11-17-09 Item 11South Miami
Ap•AmerinCiN
CITY OF SOUTH MIAMI f tl,
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
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 Lg)
"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. I 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 d
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.
;s 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 Flan.
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 parldng 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
XAComm Items\2009 \10 -20 -09 \Red Rd Development Agree CM Report.doc
1
2
3
.4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OY 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 1(g) be added to the Development Agreement between the City and the
RRC 57`h 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 Jurie 14, 2005 City Commission
meeting, is hereby amended by adding section 1(g) to read:
"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:
1 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 g. The extent of retail, office and restaurant uses shall not exceed, and be limited by,
20 the capacity of provided parkin 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.
23
24
25 Section 2. That p.5 of the Development Agreement between the City and the RRC 57' 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 parkins 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
1
3
2
3
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
4
are hereby repealed.
5
6
Section 5. This ordinance shall be effective immediately
after the adoption hereof.
7
8
9
PASSED AND ADOPTED this
day of -2009.
10
11
ATTEST:
APPROVED:
12
13
14
15
CITY CLERK
MAYOR
16
17
18
1St Reading —
19
2 °d Reading —
20
21
22
23
24
COMMISSION VOTE:
25
READ AND APPROVED AS TO FORM:
Mayor Feliu:
26
Vice Mayor Beasley:
27
Commissioner Newman:
28
Commissioner Palmer:
29
CITY ATTORNEY
Commissioner Sellars
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
X: \Comm ltems\2009 \10- 20- 09\Red Rd Development Agreement Amend Ord 10- 20- 09.doc
47
ATTORNEYS AT LAIN
f
Via Hand Delivery
Mr.' Thom.'as Vageline
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
'''�• t., •: � i:: s.�.'i 7rr
' i
-UG 12 2000
Jerry B. Proctor, Esq.
Tel 305.350.2361
'fk�v4o (
Fax 305.351.2250
jproctor @bilzin.com
August 5, 2009
Rs: "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
B1LZ)N SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131.5340 Tel 305.374.7580 Fax 305.374.7593
www.biizin.com
Mr. Thomas Vageline
City of South Miami
August 5, 2009
Page 2.
The attached documents illustrate the location of the proposed bicycle racks in the
southeast property area, .directly adjacent to the Florida Power and Light Company substation
and well - spaced from the residential community to the north. I have also attached a Floor Plan
of the bicycle rack area, and specifications on the "Ultra Space Saver" bike storage
specifications that RRC will employ.
1 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 after 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
8/1 0/09
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Mr. Thomas Vageline
City of South Miami
August 5, 2009
Page 3
Thank you for your consideration of this submittal.
Sincerely,
' Jerry B. Proctor'-
JBP: id
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
0
0
u
z
w
U
N
O
2N
F
HN
�
b
Cf'uy
o mow_
Gq
N
p ?
UUliI61-
8 5
�3m� pfi
w
k
,�,� r� +law■
n.
0
4
U
� g
x
a
m
0
CZ)
f�+lt
�_r�4,nir1
ft�
n.
0
4
U
� g
x
a
m
0
CZ)
"outh Miami
EXHIBIT
CITY OF SOUTH MIAV11 a
OFFICE OF THE CITY MANAGER 2007
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajiboia Baiogun, City Manager
From: Thomas J. Vageline, Director
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. 57H 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 panting 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 J7)
calendar days of its review.
e. The planning board shall receive a complete application and the
department shall post and publish public hearing notices. Public
hearings shall be held before both the planning board and city
commission.
f If the application is approved by the city commission, it shall be
submitted to the environmental board for final aesthetic approval.
2
(2) Minor Changes.
a. Applications for a minor change shall be submitted to the building
and zoning department. If the director agrees that the change is
minor, he or she shall report on the application to the city manager.
b. The city manager shall make a final decision on the application
and communicate the decision to the applicant. 'The director shall
place a copy of the application and decision in the planned unit
development file. If the city manager approves the application,
notice of the approval also shall be transmitted to the city
commission.
c. A fifteen (15) day waiting period shall apply for all minor changes.
First Modification Request May 2007
In May 2007 the City determined that a series of requested changes to the adopted Master
Site Plan for Red Road Commons were minor changes (Section 20- 5.12(F)(2)). The
following is a summary of those changes:
1. The relocation of the pool from the garage rooftop to the courtyard in Building B.
2. The setbacks from SW 68 Street for Building C were increased from I 1 feet to 24
feet.
3. The four bedroom units were removed from the development.
4. The open space was increased as a result of the conversion of surface parking on
the northwest corner of the property to landscape and open. space.
5. There was a decrease in the density (4.0 %), retail use (- 12.8 %), and building
footprint (- 2.2 %). There was a decrease in the overall parking spaces from 1,001
spaces (specified in the Development Agreement) to 994 spaces or -0.7 %.
6. The leasing office was relocated.
Second Modification Request August 2009
In a letter dated August 5, 2009 from Mr. Jerry Proctor (copy attached as Exhibit 'W'), 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.
9
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.
Propose_ d 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
CL Building E 88
Total parking spaces provided 993-
2. The second chart shows parking spaces in.the same places, except for the Off -
site parking which has been reduced from 30 to 6 spaces. This is due to the
fact that the proposed off -site parking on SW 66 Street was deleted at the
request of the City (allowed by Section 5.q. of the Development Agreement
Exhibit "B "). This reduces the total parking provided. to 969 parking spaces.
a. Off -site parking 6
b. On -site street parking 25
C. Garage Parking 850
d. Building E 88
Total parking spaces provided 969
3. The third and last chart shows parking spaces in the same places, except it
deletes 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
RetaMfice/Restaurant Parking_ Calculations
Pursuant to the LDCs the parking requirements for commercial uses is as follows:
Retail Uses 1 parking space per each 300 square feet gfa
Office Uses 1 parking space per each 250 square feet gfa
Restaurant Uses 1 parking space per each 100 square feet gfa
There are 12,404 square feet of retail/office space actually constructed in the Red Road
Commons development.
The leasing office is 3,100 square feet gross floor area of the 12,404 available. Office
space parking requirement is 1 parking space per each 250 square feet 'of gross floor area.
This would be 3,100/250 = 13 parking spaces required. Remaining available parking
spaces are 67. 67 —13 = 54 parking spaces available for other uses.
There remains 9,304 square feet of gross floor area for retail/office or restaurant uses.
A. If all 9,304 square feet were to be used for retail use, the parking
requirement would be 1 space per each 300 square feet. This would be
9,304/300 = 32 parking spaces. This would leave 54 -= 32 = 22 surplus
parking spaces above LDC requirements for all uses.
B. If all 9,304 square feet. were to be used for office uses, the required
parking would be I space per each 250 square feet of gross floor. area. -
The result would be 9,304/250 = 38 parking spaces required. This would
leave 54 — 38 = 16 surplus parking spaces above LDC requirements for all
uses.
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 REIN Road Commons
development.
The proposed modification to the adopted Master Site Plan is deemed a minor change.
C�
tf sx t�i. r ' ' .
'this instrultetlt prcpW'ed Wider the superVision:
-lid when recorded return io:
Sorry 11. Proctor, Esq.
i3ilzut Sung+ erg Baena Price & Axelrod LLP
300 soudt Biscayne 13oulnard
Suite 2500
tldianu, Florida 331..+1 -?336
DEVELOPMENT AGREEMENT
GFt•1 2t�C)?'R32�886
OR Sk 2545'6 Psa »?52 72i t2lpss>
RECORDED O3I3A/2007 15102331
HARVEY RtIVI}tf CLEtZ!< OF COt1RT
MI Alf I —DARE =NTY t FLORIDA
(Space Reserved for Clerk)
7"his Development Agreement is made as of this P'�' day ofd Y�, 2407, by and
("City'
and RRC 57`h
beitiveen The City of Solid) Miami, Florida, a municipal corporation (' Ci )
Avenue, LLC ( °App)icant ").
Aplhlicant hereby voluntarily malces, declares, and imposes on the property described
below, this agreement running a ith the title to the land, which shall be binding on and shall inure
successors and assigns, mortgagees, lessees, and against 21.1
to the benefit of the Applicant, .
persons ciaimilig by, through, or under them until such time as this Development Agreement
( "Development Agreement") is released in NN.ritin4 as bet-einafrer provided;
T37ILXE�S, Applicant owns die property in the City, in Miarni -Dade County, Florida,
legally described on Exhibit t o also knot {art as 6600 -66,40 S.W. 57 Avenue and 5757.SW 69
Street (tile ..Properly "), and
FFHE_REAS, on July 22, 2004 Applicant filed an application with the City to rezone the
Property from TODD (AM'LI -4) (Transit Oriented Development District) cation�and�lanned Unit.
'Development- fvfixed L'se), and to obtain site plan approval (the App . ), sat forth il)
kT'KFR.L•'.A..S, the Florida
Local Go�etnment DetfelopmenlA nC-ortthe�execu ion of
sections 163.3220 — .163..1243, FJ.orida Statutes, (the "Act ") provides
development a`reements to insure that the law in effect at the time of the execution of the
development.a�ree-niertt shall govern the development of the land for the duration of the
atreem ent.
. ,V011%; 1-IyEREFORE, in consideration of the•covenants; conditions, and promises herein
contained, the receipt and sufficiency of which are Expressly achovpledged, Applicant and the
City hereby agree as FOI101vs:
MIAA919193.10.1
=n9: -' EXHIBIT "A"
1. Permitted Uses Densities. and Intensities. Pursuant to the provisions. of
Chapter 20, _Land Development Regulations of the City of South Miami, the
Property trill 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 b
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: 7n order to On.hance 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 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 concurrency. Payment shall be made on or before receipt of the first
building permit and shall include any interest or carrying cost incurred by the City
until receipt of the payment. Interest calculations are,indicated on attached
Exhibit "B ", incorporated herein by reference.
C. Traffic-Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate left-turn, northbound entrance lane on Red
Road (SW 57 avenue) into•the northernmost-proposed driveway on Red Road on
the Property, prior to the occupancy of any buildings on the Property. In addition,
Applicant will present -plans within two (2) years after the recording of this
NVA.ND 9 19310. I5 = 326021531 2
3!39/07
Development Agreement to aovernmental authorities, including the Florida
Depar cilt -of Transportation, for beautification of the nicdian 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-Vremmental authorities,
Applicant will pay for and construct the beautification improvements.
C Housing — A requirement of ten percent (10io) of the units will rent to individuals
or families in the moderate income segmenl 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 farpilies in the moderate income segment of the
affordable housing group. In analyzing compliance with this paragraph, the City
shall allow minor deviations, resulting from short -term vacancies. Incomes shall
be based on Area Median income (.AM.I),• as defined by the U.S. Deparb -Dent of
Housing and Urban Development. Proof of Compliance with this requirement on
an annual basis shall be provided in writing on or bef-are January 15 of the
folio }vin_ year to the City Manager. In addition, the Applicant shall make a
.�, payment bf$100,000 to the City on or before the issuance of the first certificate of
use and omupwicy for the development on the Property, to be placed in a City
trust fund to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
;. Taxes: Applicant Wees to pay All taxes to the City of South.Miami.in an amount
equal to the annual Operating Miflage Rate. If the Property Owner receives an
exemption for paying Operating Miljage Taxes from. Miami -Dade County, the
Property Owner shall contribute an amount equal to the Operating A4iltage Taxes
to the City of South Miami in any year that such exemption is granted. This
provision shall not abrogate any of the Property Dwncr's rights to file appeals of
Tax Assessments for the Property, in accordance with the lativs of Miami -Dade
County.
4. Wark Force: in an effort to enhance job opportunities for local citizens,
Applicant agrees to givc a preference to job applicants residing in South Miami.
In order to maximize. the pool of, applicants from South Miami, the Applicant .
shall send notice to the Community Redevelopment Agency Director of the City
of. South I4iami, 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, ('_) bids for temporary or permanent maintenance work on the Properly,
or (3) proposals for leasing of retail space on the Property. In regard to
recruirment 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 )tire two residents from the CRA district to assist the Applicant bi providing
construction services during the period of consuuction and development of the
Property. P23mtent for the positions shall be at Applicant's sole expense and shall
be conimen.surate with similar job levels and responsibilities in comparable
industries.
MI.4tdI S
5. Site Plan.
a., Applicant shall retain stormwater drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site security. As part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
(o the proposed parking garage and make arrangements to assure emerxency
access by public safety vehie)es.
C. The entrance at Levante Ave. shall be signalized-and approaches installed based
on' approval by Miami -Dade County and the State of Florida Department of
Transportation.
d. The exit for the driveway onto SW 66 Street shall be designed and operated as a
right turn out only driveway. The exit shall be closed with a gate to prevent turn
out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday..
C. Applicant shall provide a minimum of one (1) stop location on site for service by
the FfurryCane shuttle. The shuttle stop locations shall not interfere with SW 57'r'
Avenue traffic. AJI )- lurryCane 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 FPT facility and. the garage. The applicant must provide a row of 12' high
trees Adth trunk circumferences not less than 6 inches on the City's property
between the FPL facility and the South Miami Community Center. The row of
trees to be located on the City's property between the FPL Facility and the South
Miami Commwvty Center shall be uniform in appearance and consist of not less
than 25 trees in the row.
E. Applicant shall provide and maintain a six -foot high CBS wall between the
project and the remainbna service station.
h. Employee parking shall be restricted to the garage and it Shall be the developer's
or his assign's responsibility to submit with each occupational license proof that
employees are utilizing the assigned parkin
i. Applicant shall provide a mastersignage plan for project-identification, traffic,
-routing, - and retail stores prior to final project approval by the Emwironmental
Review and Preservation Board (ERPB)..
j. Applicant shall limit on site ligbting property edges to 2 foot - candles of intensity
at an 18 inch height. lirithin six months of project completion ibe applicant is to
provide a certified, report on the mandated illumination level.
I Applicant' is to assure that the refuse service areas shall be lame enough to
accommodate adequate dumpsters. The final number and dimensions of service
11IAh11619:1!_1$ 732602tist
1'?9'0?
.
areas shall be mandated by the Environmental Review and Preservation Board
(gRpB) at final approval stage and adop d and incorporated p s an exhibit 1 the
Development Agreement prior to final approval of the Develo meet Agreement.'
1, All parking and street improvements placed ovtth fupndstfrom a nl ntenance -bond
Avenue by the Applicant shall be maintains
-to be posted prior to.petmit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City. the
Applicant must linvdt the types of retail establishments in order - asi that the
required parlring does not exceed .the initial retail parking allocation
adopted master site plan. Applicant to provide the City an initial parking plan for
r of spaces for each occupant.
retail stores aild shall maintain the allocated numbe
n. Applicant shall 'instal( all sidewalks as shown on the adopted master site plan.
the o. Applicant shall open up e Planning aseo oil d,imtordretoslireak Up the long facadelof
plan, as approved by th
the tesidelidal 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. elimviate the on_ street
parkitio spaces located on SW 66 Sheet. - spaces
r, 4pplicant shall provide #oq >l requiring removal of oncstreet parking nn SIT 66
accordance 6 ttlt C garage, a small surface lot, and on site
Street], through a combination of parking
street parking.
s, The Applicant will commit to participate in a joint working group with the First.
Methodist Church of South Miami and municipal, county and state agencies to
deg ise a plan mutually ao
eeable to Applicant and the First United Methodist
Church of South Miami, for pedestrian improvements and beautification for Red
Road. Applicant v�jll con ybute lchant an
or 1
the spec
d First UnitedsMethodist Chur h
enhancements agreed upon b App
-of South .Ml iami,
The Applicant will present plans for traffic permits indicating travel lanes of 10.5
feet an Red Road (SW S? Avenue) and, if approved, -kvil1 create an enhanced
"landing zone" for pedestrians in the center of Red Road between the Prop of
and the First United Methodist Church to the east, subject to the approval
hljatni -Dade County and the State of Florida Department of Transportation.-
h4LAJ,71 s 19310. I i 73202 i3 I
3. _9.107
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the Property to be selected by the
Planning Director; said location may change from time to time.
U. The Applicant shall obtain approval from the City of a parking plan for
construction workers prior to the issuance of-a building permit.
6. Schools. In an effort to assist public schools located within the City,'Applieant
voluntarily agrees to donate S34;S00 to the Mi.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 hvo (2) years of the -donation. In the event that no
capital improvements can be identified or agreed upon for the expenditure of the
Funds Within the two. year period, the Applicant's donation may be utilized to fund
programs; purchase materials (such as additional computers) or in any manner
p tiiat the School Board and the City determines will enhance the curriculwn and
the students' attending the subject school's educational experience. Terms of the
donation and student generation analysis are contained in the School hnpact
Review Analysis dated l4ovember 16, 2004, attached to this Development
Agreement and hereby incorporated' by reference.
7. Unih, of Title. Applicant. shall submit a Unity of Title, pursuant to the
requirements of Section 20- 3.7(B)(1.), City Code.
NO"! THEREFORE, the City; in consideration of the premises, hereby agrees as
follows:
S. Vesting. As.long as the development on the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time ofthe 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 dovmzon.ing application by the City and shall not be subject to any
development moratorium, 'referenda action, or nances, 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, terns or restriction shall not relieve the Applicant of
The necessity of complying Aith the law governing said permitting requifements,
conditions, terms or restrictions.
4. .Impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption' of the, Resolution approving this Development
Agreement.
M IAM 1 9 19310.15 7.26621 531
3.39%0?
10. ConcurrencY and Consistency. The Application together with, the Applicant's
performance under the Development Agreement satisfies tite concurrency
requirements, as delineated in"Section 20 -4.1, City Code. By execution of this
Agreement, the City acknowledges that the. application for site plan approval
Meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code,
and that the rezorning.and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
11. Term of AareeM_ent. 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 ail
legal and eq•uiiable owners of the Property, and Elie City of South Miami upon
approval at a public hearing.
1 Annual Report and Reviciv. It 'shall be rhd responsibility of Applicant to submit
an annual report to the CitV sufficient to fu1511 the requirements as stated in the
Provisions of the Act, and Ordinance No. "I 1 -05 -1533. 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 COtillnissiOn 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'thc terms of the
Development Agreement, the City shall provide the Applicant with a fifteen (15)
day written notice and opportunity to' cure the non - compliance. The Applicant
shall have 43 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 tcnninazed...
13. Modification. The provisions of this Development Agreement may -ybe amended,
added To, derogated, deleted, modi.5ed, or changed froth time to time by recorded
instrument executed by the then owliers- of the Property and the City. Any
modifications to the Site Plan must Complywitll the reeulations for azncndrneni'to
PUD -A1 development contained in Chapter 20 of the City Land Development
Code,
14. Enforcement. The City, its successor' of assigns, and the Applicant, its
successors and assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing party In
the- action or suit shall be entitled to recover, iia addition to costs and
kUAMi 5I931St.i= 7j3G(731 >31
3FN /07
be
disbursements allowed by law, such s A the court' 'pa 'able undero this
reasonable for the services of its attorney' Attorney P >
paragraph shall riot axcecd 25% of the judgment.
15. Xnspection. Nothing in this Agreement sal eoration andtpolitical subdivision
City's govermnental authority as a m-unictp co 7p
of the. State o[ Florida- The Applicant, tberefore understands and agrees that any
o cia] inspector of the City of Souhl Miami, or its agents duly authorized, may
have the privilege at any
th brcntises to let rmiste:whetl erhtherProperty comp] and
investigating the use of p
,,vith building and zoning regulations and the conditions herein. the event
16. Autbor'lzation/ to obligated tllto maketpaymentsror irnpronemen, under the terms
Applicatit(s) is. ar
of this Development Agreement and such payments are not made as required, or
such 'improvements are not made as required, in addition to any other remedies
available, the City of South ?\fianti is hereby authorized twithstDev any
pemzirs on the 'portion of the Property failing .
rti f eases
Agrcenzent, and refuse to grant any inspections, any approvals, or any ce
of occupancy with regard to that portion of the Property until such time this
'Development Agreement is complied with.
17_ Representations of the Applicant. Applicant represents to the City as follows.
a The execution, delivery and performance of this Agreement and all other
instruments and agreements executed in connection with this Agreement have
been properly authorized by the Applicant and do not require further approval by
Applicant.'
b. This Agreement has babes, eteiforceab]etagainsaApplicante n acclordancelw h
valid and binding obligations,
its tem-1s.
c. There are no actions, suits or proceedines pending or threatened against or
affecting Applicant before any court or governmental agency that would in any
material way affect Applicant's ability to perform this Agoement
d Applicant shall not act in any way whatsoever', directly or indirectly, to cause this
Agreement to be amended, modified, canceled or terminated, except pursuant to
its express teens, and shall take all actions necessar }' to ensure that this
its e meet shall retrain in full force and effect at all times.
d "vance in the City al
Applicant has the financial capacity to pay or al fees and
payments as required under this Agreement.
18, SeverabilitY. If any provisipri of this Development Agreement or the application
thereof to any person or circumstances is held invalid, prohibited, or
unenforceable for any reason, this the " Dzvelopment Agreement shall* be
M I ANI t& 193 10. 15 7326015.%1
ineffective only to such extent and the remaining provisions shall contirr.ne to be
given full force and effect so far as possible.
19. Joint Preparation.. This Aereetnent teas been drafted with the pai-ticipatioU of
the City and Applicant and their counsel, and shall be construed against the
.applicant in issues of draftsmanship. The captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items or
terms are included without limitation as to any other items•or terms which tn.ay
fall within the listed category.
2t). Binding Effect. The burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21.. _Captions and HeadinLrs. Paragraph headings are for convenience otily and
shall not. be used to construe or interpret this Agreement.
22. Applicable Laws Jurisdiction_ and Yenne. This Agreement shall be governed
by and interpreted, construed, and enforced in accordance with the internal laws
of Florida F3 iHzout• regard to principles of conflicts of law. This Agraernent. may
be enforced as provided in Section 163.3243, Florida Statutes. Venue for any
litigadwi pertaining to the subject matter hereof shall be exclusively in Miami-
Dade County, Florida.
23. Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For tlr e city:
City Manager
Ci ty. of South Miami
6130 Sunset Drive
South Miami, Fl. 33] 43
Cop). to
Planning Director
Planning and Community Developrnent.Departrrtent
City of South IY iami
6130 Sunset Drive
South Miami, 1=1.33143
MIAMI 519310.15 73260215311 9
1/291107
-For the Applicant:
'Irma Abella, Esq.
General Counsel`s Office
university of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, Pl. 33125
Copy to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena P»ce & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, Fl. 33131
24. Waivers. No failure or delay by Applicant or the City to insist upon the strict
performance of any covenant, agreement, tern? or condition of this Agreement, or
to exercise any right or remedy consequent upon the breach tttercof, shall
constitute a waiver of any such breach or any subsequent breach of such covenant,
agreement, terns or condition. No covenant, agreement, term. or condition of this
Agreement and no breach thereof shall be waived, altered or modified except by
whiten instrument. No utaiver of any breach shall affect or alter this Agreement,
but each and every covenant, agreement, term and condition of this Ageement
shall continue in full force, and effect witli respect to any other then existing or
subsequent breach thereof.
25. Third Part Iv BeneGcinrv. This Agreement is exclusively for the benefit of the
parties liveto and their Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not eve rise to liability to any'third
party other than the authorized successors and assigns of the parties hereto.
.26. Su.rr•ival. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the ter-n-dnation of this Agreement, shall survive any
such tern-ination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27, Periods of Time. Whenever any determination is to be-made or action is to be
taken on a date specified in this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall be extended to the next
day which is not a Saturday, Sunday or Icgal holiday.
28. Entire AgreemenL This Agreement sets forth the entire agreement bemeen the
parties hereto with respect to the subject matter hereof All agreements,
covenants, representations; and warranties, express or implied, oral or written, of
the parties with respect to the subject matter hereof are contained herein. No other
agreements, covenants, iepresentations, or warranties, express or implied, oral of
written have been made by any party to the other with respect to the subject
matter of this Agreement. All pHor and contemporaneous conversations,
MIAMI s-14 MIS 73260215.11 10
v' );711 -
discussions, negotiations, possible and alleged agreements and representations,
covenants and v,arranties 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 Agrenllant 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.
Recordation. Within 20 days after the Development Agreement has been signed
by both the Applicant and the City, the Applicant shall. cause a copy of the
Developmeat•Agreement to be recorded at the Applicant's expense in the registry
of deeds in ivfiami -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 peiiods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the City in accordance with Paragraph2d. If the Park
donation is not•establisbed in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn kitbgat prejudice by the Applicant.
I�V[TNELU WHEREOF, these presents have been executed this c;� day of
C�%1 u►rvh ; 20t17.
!AJAW S03110.13 732021511 ) )
ji? 9it1'
ACKh'OWLED•GMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KA'O FT'rILL AG A' BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agrecment- and each and all of the terms and • provisions contained - therein,
. dated anal attached hereto.
DATED Ellis a day of Afi*e-G'/� 2007
CITY OF SOUTH HLAIVII -
By:
Yvonne S Ier- McKinley
City Manager
'`CIZYICLERI,:.
Maria M. Menendez 61
STATE OF �•/!� :- )
COUNTY
SS
Zfie fbro;oina instrument. was aclmowledged before me thisL L day of , fi t 2007 by
_ r r %P ! K. / L, f"A,, t4..r of the City of South Miaroi and attested to by
ria M. Menendez = City Clerk, of the Ciry of South Miami who are ( ) personally known
tome or ( ) produced a valid driver's license as identification-
My Commission Expires:
MIAIMI
Ir_s/o7
Maria M. Menendez
Notary Publi
r r
Si l�►ae: �
gn m
Print Name: Mapa M Menendez
Serial No. (None, i.fblaitic):
[NOTARL4L• SEAL)
J` `t4, MAC R;)A. R MEWEINDE'7'
;1 a 1dY COMMIS; I;JN C or, Z77979
EXPIRES : 6�Ar� to, nw
1.2
RNT WiITTESS WHEREOF, the undersigned party has agreed to this -Development
Agreement dated as of the, of M(.Z?'i.� 2007.
W to sses: -y�� .
�- � T-� RRC 57n4 Avenue, LLC, a Florida
limited liability company
Print Name: :T-rYYI CL 11 Agee `By: University of Miami, a Florida non -profit
corporation, its s9le member
ame: Joseph soli
Print Name: Title: Senior ice President for Business
and Finance -
STATE OF FLORIDA },
SS:
COUNTY OF WAMi DADE)
The foregoing instrument was acknowledged before me thi4 day o
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the gnivcmity
of Miami, a Florida non-profit corporation, lbe Sole Member of RRC 57`h Avenue, LLC, a
Florida lirn.ited liability company. Fi,,,.�/She is personally lino_ wn, t_ o me, or has produced a State of
driver's license as identifiaafion_
Sign Name:
Print Name: my
Nty Commission Expires: 0 _k UBLI 1
Serial No. (none, if blank):
[NOTARY SEAL]
NOTARY pL%[C•STKre OF FLORIDA
Melody K Smith
r Commistimn ID
D , 2010
Fsp'sre� OCT. 10,
sower rrtxc:,L .nc so�t�s co., Tic
Mt 41814310.15 M6021531 13
1128/07
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, Septembet 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.
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.
g., 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
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 Ttems12009110- 20 -09\PB Minutes Excerpt 9- 29- 09.doc
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline, Director (9
Planning and Zoning Departmen
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.
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 1.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. .
g The extent of retail, office and restaurant uses shall not exceed, and be
limited by, the capacity of provided parkinL,. The narking 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
uses.
Recommendation
It is recommended that the above two modifications to the Red Road Commons
Development Agreement be recommended for approval.
Attachments: f
Communication from Jerry Proctor, Aug. 12, 2009(Exhibit A)
CM Staff report on Minor Modification to Site Plan, Sept. 1, 2009 (Exhibit B)
Development Agreementfor Red Road Commons pp.1 -5 (Exhibit C)
Public Notices
TW /SAY
X:TB\PB Agendas Staff Reports\2009 Agendas StaffReportsl9- 29- 091Red Road Commons Devel Agree Amend 2009 Report.doc
Q
gOUTy
Oi y a
F � 1
O KtC
CITY OFSO�JTH MIAMI
NOTICE OF PUBLIC NEARING
J.
NOTICE IS HEREBY given that the city Commission of the City of South,
Miami,. Florida will conduct. Public Hearings at-its-regular City Cpmmissrog,
meeting ''schedtiledfor. uesday,.November 1; 2009 Degmriing at ? 30'
p:m. in the,City Cbmmission�Chambem. 6130Surisel Ortve.`tp consider
the following item(sy:
AN ORDINANCE OF. THE MAYOR AND: CITY. COMMISSION
'
.OF. THE . -CITY OF. SOUTH MIAMI, :FLORIDA RELATING TO.,�.:,
THE YEAR 2010 GENERAL AND SPECIAL ELECTION OF
.THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I
AND. IV; SCHEDULING THE DAY; PLACE AND TIME OF
-THE; ELECTION; PROVIDING FOR QUALIFICATION OF
CANDIDATES; PROVIDING FOR CLOSE OF 'ELECTION
-
BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING
..'FOR.: NOTIFICATION; PROVIDING FOR SEVERABILITY, -
- ORDINANCES IN CONFLICT, ANDAN EFFECTIVE DATE
AN ORDINANCE OF THE MAYOR AND CITY CDMMISSION.OF - 1
THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE.. -
DEVELOPMENT AGREEMENT ADOPTED., :AS .PART -:Of`
ORDINANCE NO.. 12- 051634;.'- AND;'.- AMENDED .BY'
ORDINANCE NO. * 17 -051639, 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 AMEND-
MENT IS. TO REQUIRE THAT ALL REQUIRED- PARKING
PURSUANT TO LAND DEVELOPMENT CODE SECTION
20-4.4(8) IS PROVIDED FOR ALL USES LOCATED ON THE
PROPERTY AND TO UPDATE THE CURRENT NUMBER
OF PARKING SPACES PROVIDED; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDINGAN EFFECTIVE DATE. /
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA,.
AMENDING THE LAND DEVELOPMENT CODE SECTION
20- 4.4(FX2Xc) ENTITLED - SPACES LOCATED OFFSITE" IN
ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING
OF OFFSITE PARKING SPACES AS A METHOD TO PROVIDE
REQUIRED SPACES; AMENDING SECTION 20.7.6 ENTITLED
"PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY
SECTION 20-7.6(CX2Xb) BY - REMOVING - THE , OPTION
OF LEASING OF OFFSITE PARKING SPACES AS A METHOD
TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERA-
BILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND .
DEVELOPMENT CODE SECTION 20-2.3 ENTITLED
'DEFINITIONS' BY ADDING A NEW DEFINITION OF "LAND
USE REGULATIONS"; AND ADDING A NEW DEFINITION OF
'DEVELOPMENT REGULATIONS" BY MODIFYING THE
EXISTING DEFINITION OF "REGULATIONS "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE.
SOUTH.;:MtF.MI CODE OF ORDINANCES IN ORDER TO
REMOVE EXISTING CHAPTER 1oA�ENTITLED''FLOODS"
AND TO REPLACE SAID CHAPTER WITH A NEW CHAPTER
10A ENTITLED "FLOOD DAMAGE PREVENTION" WHICH
CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE, AND OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING LANDS
TO WHICH THIS ORDINANCE APPLIES; PROVIDING A BASIS
FOR ESTABLISHING THE AREAS. OF SPECIAL FLOOD
HAZARD; PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRIC-
TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA-
TION; PROVIDING PERMIT PROCEDURES; PROVIDING
DUTIES AND RESPONSIBILITIES OF THE FLOOOPLAIN
ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD
HAZARD REDUCTION; PROVIDING GENERAL STANDARDS;
PROVIDING SPECIFIC STANDARDS; PROVIDING
STANDARDS FOR A -ZONES WITHOUT BASE FLOOD
ELEVATIONS' AND REGULATORY FLOODWAYS; PROVI-
DING STANDARDS FOR AO- ZONES; PROVIDING FOR
VARIANCE PROCEDURES;. PROVIDING DESIGNATION OF
VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES
OF VARIANCE AND APPEALS BOARD; PROVIDING FOR
VARIANCE PROCEDURES; PROVIDING THE CONDITIONS
FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICA-
TION; PROVIDING FOR HISTORIC STRUCTURES; PROVI-
DING FOR STRUCTURES ON REGULATORY FLOODWAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.. - .
OF - THE :: MAYOR, AND -` THE - CITY : " -
rHE CITY.OF. SOUTH MIA„MI,- FLORIDA,
LAND :-DEVELOPMENT CODE_ 20-6.1-
... UtWINANUt:b ;ANU KtJULU.I IUNZ,. MM l/Nniiry ' A V 1 M.
LAND: USE AND , DEVELOPMENT-REGULATIONS: WHICH
WILL BE CONSISTENT'WITH`THE.CHARTER AMENDMENT
- ADOPTED' NOVEMBER:4,:;2008; PROVIDING FOR SEVERA -.
BILITY'; ORDINANCES.,IN,CONFLICT; ANDPROVIDING AN
EFFECTIVE DATE. -
_ .A..RES,OLUTION, OF THEINAYOR AND. CITY COMMISSION.
_ OFTHECITYOF_ ,SOUTH,MIAMFRELATINGT,OAREQUEST
PURSUANT TO SECTI0 N • ;20- 3.4(BX4)(6)- OF THE LAND
6LVEL60MEt4T_66DE FOR SPECIAL USE APPROVAL "TO
-- 'LOCY+TE A' GENERAL' "RESTAURANT AT 6001 SW- 70th
STREET (VALENCIA BUILDING) WITHIN THE." TODD -MU5-
. TRANSIT :5 ORIENTED DEVELOPMENT DISTRICT -MIXED USE
ZONING USE-- .GISTRICr ?AND PROVIDING AN EFFECTIVE.
DATE.:
,'A-- RESOLUTIONOF THE MAYOR AND CITY COMMISSION
OF THE CITY OF. SOUTH: MIAMI, RELATING TO 'A REQUEST
PURSUANT 'TO` "SECTIOW*)- 314(Bx4)(b) OF THE LAND
DEVELOPMENT CODE-FO - A SPECIAL. USE.APPROVAL TO
LOCATE -A GENERAE RSTAURANT AT 5900 $W 73rd
STREET WITHIN THE "SR (HD-0V)" SPECIALTY. RETAIL'
(HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT; AND
'PROVIDING AN,EFFECTIVE.DATE.
A`RESOLUTION OF' THE: MAYOR AND CITY COMMISSION
.OF.. THE-CITY OF.. SOUTH MIAMI; FLORIDA. RELATING
:.TO THE ISSUANCE Or A' CERTIFICATE, OF APPROPRIA-
'TENESS PURSUANT TO SECTION 26- SA9(EX3) OF THE
LAND DEVELOPMENT CODE TO PERMIT 4 WALL SIGNAGE
ON A DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER BUILDINGS);
PROVIDING AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard
For further inforriiation, please contact the City Clerk's Office at:
305-063-6340.
Maria M. Menendez, CIVIC
. _. Ity Clerk .
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board,
Agency or Commission .with. respect to any matter considered at Its
meeting or hearing, he or she will need .a record of the proceedings, and
that for such purpose „affected person may need to ensure that a verbatim
record of the proceedings is made which record includes. the testimony and
evidence upon which the appeal.is to be based.
11/6 09- 3- 219/1343396M
T
d
CL
N o p z
►-� °
N Mn
C (1_ u ') t
Q G a co'o R cu
O �r• a�3. � a U) J o
o N u_ o
:Q O +' f c°o ° V NEo
wV W rn R 0
W t a' N �`o� nom. o
CL C4
t y
U) z o
O Amv
),� u 7 BA
C j O 9„ o
Q 0 s
E7 E
U) c b'
N � �g
E
T Q
-t
d C CZ Z °2 Z V°m0 W oZ�OO HO 2 ¢O_OZ 2O2OLLZ 200 °ZUZO � W Zw O V Z w? ° ¢ U _o SiE
v O V¢ U 2 g O m h Q¢° E° N W Z Z p F p Z w w 0 U U 6 y 2 N= - -
o d o da zE 'u5� - -_R z °n -oa JG'i �
c°m�w zd o°N� d� oLL a¢ -FF <z¢ >LL3 Zm o �d Two
E53� or'w' oy �a N m� X30
o
=<°w¢LLO <� ~ <F��z ~oSo°�tnai °o¢<�° C =o¢
-ts
_ E E w Z 0 W a O¢ Z N /- Z 6¢ N Z¢ O r fn Q S C U d d° O Y Z d¢ OU' O t,J w y¢ O O Z° `� _
w a3 aww Nr° No` o3t"3? ° °� `EOO saiv° - ° °� o
G W Lz uo<<o <YadJ< N °m z o ° <° z¢3 oiuJ¢ oo¢ ow°OCOZ =Q°waU �.o v ;5 <¢zz
Q/ 1
-:2 E J tN U U w W Z LL W N W N Z m O
d m
Z v w W N Z O m * w t;
O° Z -6 5- 1 W 2 O in G
Z Q- N F O Z °x° m O y
° E
c .i .
a rmn
O�JmQUOQ 2 =W0 U�Wy N¢0nW¢UWZ .0 ndmo
O O O U W W J O
B� ¢O S m-
[ ° N _ U y W d F 2 O y d d SO d 0 W r U¢ x Id- .] LL1 w Q< O> F O E Q f°J W Z O < �i ti
Zw� oo� °aoo� do °Z °s azLLOOdgooa >LLO ¢wwm o�F= v=i F-° o� rn ° mmEm
LL
0 E N o azo°z<�z ��?�v<i Ed L 5° LLO °°csm °z ° «aciyoa o °z� F~wz �o� QUO 3 SE or
0 ° E zo z Jw zo °° W o<n �So x¢o no z�AE22 W ou¢zrS zr d Jo �o Lo�
rEd °za BE 2.1 °uIW ° ° FOi S¢¢F u"(¢ °¢ °- <� �-o J �w�
FAO c <LL oot >dcg g¢oowd °zom how °N s�� J'ooa>c c°o SZ °= ¢off ° >ri
N O r <O f- ON d U• NO J°x O Z?� R V vuo
V YEv rx--az xFm��s°J x�ooz gOZti'd�iN¢F¢z�zo WLLr =¢ Jo Qo¢¢� n SdA�
fn o z� t~i� L o °° o _` • °-
jS OC~ia it o„°�aF°¢y °¢S <��m °Szs oy F °w °¢~ �w� �QZQ� H _ o3em
rL S D Z w rL S d J (.� d w Z to W= J fC
c� E
:3 1: wQd� o w -OOr"' °� w to ¢z0000x Sr- wpm
= EE u� o J a °¢o¢a �wx_w�Q a�o =�tl����d S�nSC�adO¢= ¢oS"'c owz ,tJia� gwF� n aEo�
C• N U ¢.a,- Z¢O OtyNj <N�O W Z w °O �W O Z Z O W¢ StnOd¢ W U V ¢N H j= ¢ W S¢ w m Co y SaERE
E mim
2 °co¢ < a<L- iizmoz�°.im¢co
to m o�S°
r-5¢ °`m
d oa ¢<- iz<
¢ 05
V
o t-?
zin
yualuoo Rue esodindai io iloldxe Aeet hue ul jo •sWoM enyenpep e)ewo jou Aew noA •pejeoipuj a5ed pue elep 044 uo Pl—H 1weln eyl ul pweedde pe 043 3043 aouepIee enlsnpuoa se pepJno°d 61 (a)Ieeyy 3 9141
:uogduosad
MTS
:adbljo!oo
apeQ/ZggE)/sojgeg SUSN :9uoZ/96ed/uog09S
O'OM
:aZ1S
IWVIW H.LnoS do Alto :Jas!Uanpy
Z096L6M
aagwnN uo!yasul
:aweN lua!lo
Z096MV8
:jegwnN PV
600Z /8044 :BIB Q uoi;eoilgnd
Q1Baa�F �tu�ia�l�