12-02-08 Item 20South Miami
au- ameiacRY
CITY OF SOUTH MIAMI 1 I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Director _
Date: December 2, 2008
17E M No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA AMENDING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE
163.3221 FOR A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS "PROJECT
SUNSET" NOW KNOWN AS THE "FIRST ON SUNSET" PROJECT WHICH WAS APPROVED BY
ORDINANCE NO. 05 -05 -1827 ADOPTED MARCH 15, 2008; AMENDING CONDITION NO. 4 TO
ALLOW THE PROJECT TO BE DEVELOPED IN THREE PHASES INSTEAD OF TWO PHASES;
AMENDING CONDITION NO. 8(D) TO ACCEPT A REVISED PROJECT SITE PLAN DATED JULY 25,
2008; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY
DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF
LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The applicant is requesting approval to revise a Development Agreement approved by the adoption of Ordinance
No. 05 -05 -1827 by the City Commission at its March 15, 2005 meeting. Project Sunset (Bank of South Miami), is
now known as "First on Sunset" a 4.5 acre property. The new proposed development will include residential, office,
retail uses and parking. A total of 106 dwelling units and 72,249 square feet of commercial space will be
constructed in three phases.
SUMMARY OF THE DEVELOPMENT AGREEMENT
The Development Agreement adopted in 2005 includes a schedule of development for the three blocks
(A, B, and C). The applicant is now requesting that the phasing of the development be modified. To achieve this
objective the applicant has changed the site plan, resulting in a reduction in square footage and lot coverage. The
specific changes to the Development Agreement will: (1) amend condition number four to allow the project to be
developed in three phases instead of two phases and; (2) amend condition number eight to accept a revised project
site plan dated October 23, 2008.
DEVELOPMENT AGREEMENT AMENDMENTS
The proposed amendments will revise Condition 4 to indicate that all three blocks (A,B,and C) may be developed
sequentially at separate times. The current Development Agreement states that Blocks A and B shall be developed
as part of one phase (see p.2 of draft ordinance).
A second proposed amendment is a change in Condition No. 8 (d) to reflect that a revised site plan (with a new
2008 date) is attached to the Development Agreement. The revised site plan contains a smaller foot print or lot
coverage than the 2005 site plan. In addition the developer has removed the proposed four restaurants from the
plans. (see p. 2 of draft ordinance)
2
PLANNING BOARD ACTION
The Planning Board at its October 28, 2008 meeting conducted a public hearing on the application and then
adopted a motion by a vote of 5 ayes 1 nay (Ms. Young) recommending that the revisions to the Development
Agreement be approved with modifications and conditions as shown below.
RECOMMENDATION
It is recommended that the proposed revisions to the Development Agreement submitted with this application be
approved with the following conditions as recommended by the Planning Board:
(1) The Development Agreement shall be modified to clearly state that Block C can not be developed with
additional residential units if Block A and B are developed to the maximum density of 106 residential units. The
zoning district maximum density is 24 units per acre resulting in a total maximum allowable of 106 residential units
permitted in the unified development.
(2) The Development Agreement shall include a time table for the start and conclusion of construction of 36
months from the time of commencement to completion of the project at issuance of the first building permit for
each phase.
(3) The Development Agreement shall be signed and recorded within 30 days of the approval by the City
Commission.
(4) The Special Use Resolution No. 37 -05 -12016 adopted March 15, 2005 which permitted four restaurants as part
of the project will be repealed.
RECOMMENDATION
It is recommended that the proposed revisions in the Development Agreement as shown in attached draft ordinance,
be approved on first reading.
Attachments
Draft ordinance
Application for Amendment to Development Agreement and Special Exception, dated September 12, 2008
Development Agreement (2005) (Re: pp3 and 6)
Planning Department Staff Report 10 -28 -08
Planning Board Minutes Excerpt 10 -28 -08
Ordinance No. 05 -05 -1827 and Ordinance No. 37 -05 -12016
Public Notices
SAYX-• Comm ltems12008112- 2- 080evelop Agreement First on Sunset CMReport.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA AMENDING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA
5 STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY
6 KNOWN AS "PROJECT SUNSET" NOW KNOWN AS THE "FIRST ON SUNSET" PROJECT
7 WHICH WAS APPROVED BY ORDINANCE NO. 05 -05 -1827 ADOPTED MARCH 15, 2008;
8 AMENDING CONDITION NO. 4 TO ALLOW THE PROJECT TO BE DEVELOPED IN THREE
9 PHASES INSTEAD OF TWO PHASES; AMENDING CONDITION NO. 8(D) TO ACCEPT A
10 REVISED PROJECT SITE PLAN DATED OCTOBER 23, 2008; ALL FOR PROPERTY
11 LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6
12 THRU 9,40 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52
13 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
14 PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY;;
15 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
16 PROVIDING AN EFFECTIVE DATE
17
18 WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections
19 163.3220- 163.3243, Florida Statutes, provides for the execution of development agreements to insure that
20 the law and regulations in effect at the time of the execution of the development agreement shall govern
21 the development of the land for the duration of the agreement; and
22
23 WHEREAS, at its March 15, 2005 meeting the City Commission adopted Ordinance No.05 -05-
24 1827 approving a Development Agreement for a 4.5 acre proposed unified development to be called
25 "Project Sunset" which will include residential dwelling units and commercial space on property located
26 generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and
27 the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in
28 plat book 3 at page 198 of the public records of Miami -Dade County ; and
29
30 WHEREAS, Section 30 of the current Development Agreement provides that the document can
31 be amended by mutual consent and in accord with applicable ordinances; an
32
33 WHEREAS, the property owner, South Miami Corporation has found it necessary to make
34 changes in the existing Development Agreement with the City, said changes include a project name
35 change to "First on Sunset ", changes to allow the project to be developed three phases instead of two
36 phases, and revisions to the approved site plan; and
37
38 WHEREAS, the Planning Board at a meeting on October 28, 2008 after a public hearing,
39 adopted a motion by a vote of 5 aye 1 nay recommending approval of the proposed amendments to the
40 current Development Agreement subject to specific revisions and conditions, which are to be included in
41 the agreement; and
42
43 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
44 recommendation of the Planning Board.
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
48
49 Section 1 That the following amendments to the Development Agreement, attached as Exhibit "A" and
50 dated June 14, 2005 between the City of South Miami, Florida, and the South Miami Corporation
51 pertaining to a 4.5 acre proposed unified development to be called "First on Sunset" is approved with
52 the following amendments:
2
1
2 4. Use of Property. The property described in Exhibit "A" is to be utilized for the project
3 described in Exhibit "C ": a mixed use residential, office and retail project with a residential use
4. not to exceed 4=09 106 dwelling units on approximately 4.5 +/- acres. The project will include
5 "chamfered" corners where it abuts roadway intersections pursuant to Exhibit "C ". The occupied
6 space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise
7 permitted by the South Miami comprehensive plan or its land development regulations. The total
8 of occupied space of the project shall not exceed four stories. Non - occupied space shall not
9 exceed a maximum height of fifty six feet. The project shall be built in two phases as follows:
10 • Phase I shall consist of Blocks "A" ands "B" described in Exhibit "C ".
11 • Phase II shall consist of Blocky "C" described in Exhibit "C ".
12 • The Company may elect to implement the development plan in one or more
13 phases.
14
15 • The Company may elect to utilize Block "C" as a temporary bank facility with
16 drive - through lanes (not to exceed four lanes) which facility shall be removed upon the
17 issuance of the Certificate of Occupancy for the Bank facility on Block "A ".
18
19 The overall development of the property shall be conducted in accordance with
20 the revised site plan dated October 23, 2008 on file at the City, (attached and
21 incorporated as Exhibits "C ") including elevations, architectural features and estimated
22 commercial square footage pursuant to Section 20.3 -7, of the LDC.
23
24
25 8. Development Conditions. The following conditions shall apply to the development of
26 the project:
27 (a) The Company shall meet all applicable building codes, land development
28 regulations, ordinances and other laws.
29 (b) The Company shall adhere to the requirements of all permits for the project.
30 (c) The Company shall develop the project in conformance with the parameters
31 set forth in this agreement.
32 (d) All development shall be in accord with the. revised site plan dated October
33 23, 2008 submitted with the revised special exception and spoeiw
34 applications, said site plan, incorporated in Exhibit "C ".
35
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Section 2 The above approval of amendments to the Development Agreement shall be subject to
the following modifications and conditions:
(1) The Development Agreement shall be modified to clearly state that Block C can not be developed
with additional residential units if Block A and B are developed to the maximum density of 106
residential units. The zoning district maximum density is 24 units per acre resulting in a total maximum
allowable of 106 residential units permitted in the unified development.
(2) The Development Agreement shall include a time table for the start and conclusion of construction of
36 months from the time of commencement to completion of the project at issuance of the first building
permit for each phase.
(3) The Development Agreement, as amended, shall be signed and recorded within 30 days of the
approval by the City Commission.
(4) The Special Use Resolution No. 37 -05 -12016 adopted March 15, 2005 which permitted four
restaurants as part of the project will be repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2008
ATTEST: APPROVED:
CITY CLERK
l5t Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Attachment: Exhibit "A" Revised Development Agreement
COMMISSION VOTE:
Mayor: Feliu
Vice Mayor: Beasley
Commissioner: Palmer
Commissioner: Beckman
Commissioner
X: \Comm Items\2008 \12- 2- 08\Development Agreement 2008 Bank Project Ord.doc
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326: Fax: (305) 666 -4591
Application for Public Hearing Before Planning Board & City Commission
Address of Subject Property: Lot(s) . Block
See Exhibit "A" Subdivision -,_ ._ PB
Applicant: South Miami Corporation Phone: 305.350 -2361
l;epresentativc: Jerry 3. Proctor, E:,q.
Address: 200 So. Biscayne Blvd., Suite 2500
Miami, FI 33131
Property Owner: South Miami Corporation
Mailing Address: c/o Jerry B. Proctor, Esq.
Address: 200 So. Biscayne Blvd., Suite 2500
Miami, FI 33131.
Organization: Bilzin Sumberg Baena
.Price & Axelrod LLP
Phone: 305- 350 -2361
Signature: See attached affidavit
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: -
X --Owner: Owner's Representative _ Contract to purchase ...... _ Option to purchase Tenanl/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS --
PLEASE CHECK THE APPROPRIATE I I EM:
PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC Variance
X
Letter of intent
_
Zoning Map Amendment Special Use
_ -Justifications
for change
_
PUD Approval Special Exception
_-
Statement of hardship
_
PUD Major Change X Other
_X_
Proof of ownership or letter from owner
°-- — -
X
Power of attorney
tp
Briefly ex lain a tication and cite -; ecific Code section~:
p
Contract to purchase
-- - - - - - -- - -- - - -
Modification of Development Agreement.
X
_ Current survey (1 original sealed and
")
signed /1 reduced copy @ 11" x 17
_ - -_.
X
15 copies of Site Plan and Floor Plans
reduced copy @ 11" x 17"
X
20% Property owner signatures
_ Mailing labels (3 sets) and map
Section: Subsection: Page #l: _ Amended Date-.
-Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are
true and correct to the best of the applicant's knowledge and belief.
'-_ 6/26/08
Applicant's Signature and titllr Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code
and other applicable registrations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE.USE ONLY:
Date Filed S- 11V -D S� Date of PB Hearing Date of Commission
Petition Required _. moo. Petition Accepted
Method of Payment
t.
MI EMI 1.565230.1 7681339' ;
(WI "OR 10:51) AM
May 29, 2008
Sandy Youklis, Acting Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Amendment of a Development Agreement
Dear Mr. Youklis:
I, W. Rockwell Wirtz, as President of South Miami Corporation, hereby attests that South
Miami Corporation owns the property described in Exhibit "A ", and designate Jerry B. Proctor, of
the law firm Bilzin Sumberg Baena Price & Axelrod LLP to represent South Miami Corporation
in the application for public hearing for the property described on Exhibit "A ", located in the City
of South Miami.
W. Rockwell Wirtz, as President of
SOUTH MIAMI CORPORATION
STATE OF Illinois }
) SS:
COUNTY OF Cook )
6/26/08
Date
The foregoing instrument was acknowledged before me this 26th day of June
2008, by W. Rockwell Wirtz, as President of South Miami Corporation, a Florida corporation, on
behalf of said corporation.
He /She is personally known to me or has produced a State of Illinois driver's license
as identification.
Sign Name: ��n� ��J� t�"`�-'"E•"�
Print Name: Cynthia E. Kr_ch
My Commission Expires: 8/4/2011
NOTARY PUBLIC
Serial No. (none, if blank):
[NOTARY SEAL]
d- ��, ��CYIVKRCH
` ' `� OFFICIAL SEAL
Notary Public, State of Illinois Sincerely,
= My Commission Expires
August 4, 2011
NflnNtl 1.56'.2_'5.1 76'.;132'9323 t
6 /1X;08
t�'z
c F = B ilin Sumberg
F, T TGRId "c AT LAW
Pr ^;n
SEA` Q Jerry B. Proctor, Esq.
-lei 305.350.2361
^a'r.. 305.351.2250
jproctor @bilzin.com
September 12, 2008
Hand Delivery
Mr. Ajibola Balogun
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Tax Folio Nos.: 09- 4034 - 022 -0060, 09- 4036- 022 -0310, 09- 4036 -022-
0300, 09- 4036- 022 -0320, 0.9- 4036- 022 -0290, 09 -4036- 022 -0330, 09-
4036- 022 -0430, 09- 4036- 022 -0440, 09- 4036- 022 -0450, 09- 4036 -022-
0410, 09- 4036- 022 -0420
Addresses: 5750 Sunset Drive, 5795 SW 73 Street, 7320 SW 57 Court,
and 5791 SW 74 Street
Application for Amendment to Development Agreement and Special
Exception Approval
Dear Mr. Balogun:
Our firm represents the South Miami Corporation, fee simple owner of
approximately 4.5 +/- acres of land in Downtown South Miami (the "Property "). The
Property consists of approximately one -half block on the south side of Sunset Drive,
west of SW 57 Court, an entire block between SW 73 Street and SW 74 Street and
between SW 57 Court and SW 58 Avenue, and an area of approximately one -half block
in size located west of SW 58 Avenue, north of SW 74 Street. The Property was
approved for a mixed -use development by the City Commission in 2005, consisting of
108 residential units, 13,820 square feet of restaurant floor area, 23,559 square feet of
retail floor area, 17,713 square feet of bank area and 32,120 square feet.of office floor
area. Approvals by the City in 2005 consisted of:
1. Special Exception of Hometown Overlay District requirements to permit 72.29%
lot coverage (60% permitted).
2. Special Exception of Hometown Overlay District requirement to permit four lanes
of drive - through tellers (two lanes permitted).
MIAMI 151 0337.7 7681329325
9/19/08
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 TAI 305.374.7580 pax 305.374.7593
September 12, 2008
Page 2
3. Special Use to permit four (4) general restaurants.
4. Ordinance approving a Development Agreement for the project, pursuant to
Section 163.3221, F.S.
South Miami Corporation (the "Applicants ") hereby requests modification of the
Development Agreement, as recorded in Official Records Book 26203 at Pages 1380-
1401 of the Public Records of Miami -Dade County. Proposed modifications consist of:
AMENDMENT TO CONDITION #4
FROM: Use of Property. The Property described in Exhibit "A" is to be utilized for the
project described in Exhibit "C ": a mixed use residential, office and retail project with a
residential use not to exceed 108 dwelling units on approximately 4.5 +/- acres. The
project will include "chamfered" corners where it abuts roadway intersections pursuant
to Exhibit "C ". The occupied space of the project will not exceed four stories or fifty six
(56) feet in height unless otherwise permitted by the South Miami Comprehensive Plan
or its Land Development Regulations. The total of occupied space of the project shall
not exceed four stories. Non - occupied space shall not exceed a maximum height of fifty
six feet. The project shall be built in two phases as follows:
C Phase I shall consists of Blocks "A" and "B" described in Exhibit "C ".
• Phase II shall consist of Block "C" described in Exhibit "C ".
• The Company may elect to implement the development plan in one phase.
The Company may elect to utilize Block "C" as a temporary bank facility with
drive - through lanes (not to exceed four lanes) which facility shall be removed
upon the issuance of the Certificate of Occupancy for the Bank facility on Block
"All
The overall development of the property shall be conducted in accordance with the
approved site plan on file at the City, (attached and incorporated as Exhibit "B ")
including elevations, architectural features and estimated commercial square footage
pursuant to Section 20.3 -7, of the LDC.
TO: Use of Property. The Property described in Exhibit "A" is to be utilized for the
project described in Exhibit "C ": a mixed use residential, office and retail project with a
residential use not to exceed 108 dwelling units on approximately 4.5 +/- acres. The
project will include "chamfered" corners where it abuts roadway intersections pursuant
to Exhibit "C ". The occupied space of the project will not exceed four stories or fifty six
(56) feet in height unless otherwise permitted by the South Miami Comprehensive Plan
or its Land Development Regulations. The total of occupied space of the project shall
MIAMI 15 10337.7 7681329325
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BILZIN SUMBERG BAENA PRICE & AXELROD LLP
September 12, 2008
Page 3
not exceed four stories. Non - occupied space shall not exceed a maximum height of fifty
six feet. The project shall be built in phases as follows:
• Phase I shall consist of Block "A" described in Exhibit "C ".
• Phase II shall consist of Block "B" described in Exhibit "C ".
• Phase III shall consist of Block "C" described in Exhibit "C"
• The Company may elect to implement the development plan in one or more
phases.
• The Company may elect to utilize Block "C as a temporary bank facility with
drive - through lanes (not to exceed four lanes) which facility shall be removed
upon the issuance of the Certificate of Occupancy for the Bank facility on Block
..A..
and, to substitute a new Exhibit "B ". The revised plan is submitted as part of
this application.
AMENDMENT TO CONDITION #8(d)
(d) All development shall be in accord with the site plan submitted with the special
exception and special use applications, said site plan incorporated in Exhibit "C ".
The attached site plans serve to amend the plan of record to the Property
and would operate as the approved plans of record in this paragraph as well.
In addition, pursuant to Section 20 -7.51, the Applicants hereby request approval
of the following Special Exceptions:
(1) Special Exception of Hometown Overlay District requirement to permit
62.89% lot coverage (60% permitted) (72.29% previously approved).
(2) Special Exceptions of Hometown Overly District requirements to permit
four (4) lanes of drive - through tellers (two lanes permitted).
The revised site plan reduces the overall impact of the development on the
surrounding area, while retaining the quality of designed envisioned in the Hometown
Plan. Particularly, the plan eliminates any restaurant uses on the Property. Since the
2005 hearing, a number of successful restaurants have opened in the vicinity of the
Property. The applicant's new development program continues to propose up to 108
residential units, but reduces the non - residential air- conditioned space from
approximately 87,000 square feet to just over 65,000 square feet with concomitant
reductions in parking demand and traffic impact on the community.
MIAMI 1510337.7 7681329325
9/19/08
"~ BILZIN SUMBERG BAENA PRICE & .AXEL ROD LLP
v September 12, 2008
Paoe 4
The new development plan offers complimentary uses such as residential and
office development that will operate harmoniously with the restaurants and other uses
opened in the vicinity since 2005, and will not overburden roadways or other city
services, due to different peak hours of operation, and also illustrates a compatible
scale and orientation. The reduced impact of the development envisioned in this
application is underscored by the findings of the new traffic study, attached herewith, as
prepared by Richard Garcia and Associates.
The proposed development follows the spirit and letter of the City's Hometown
District regulations and Comprehensive Plan requirements by:
(1) Enhancing the City's community identity and "sense of place ";
(2) Creating a developed identity that will recognize the importance of
pedestrian comfort and the pedestrian environment;
(3) Providing a mixture of uses in a vertical design that will most efficiently
use parking resources and enhance the health of the "town center" concept in the
Hometown Plan;
(4) Providing a variety of design treatments, building shapes, and roof
treatments to break up the massing of the development; and
(5) Incorporating street trees and other plantings to create a pleasant
pedestrian style and environment.
Areas on which the development plans meet or exceed Hometown District
standards include:
1. The project complies with the mixed use standards required for the district,
incorporating retail, office and residential uses that create a sustainable urban pattern.
2. The project utilizes "genuine" materials presented in a straightforward and
functional manner.
3. There are a variety of different housing types and sizes to suitable to a
wider range of buyers and lifestyles.
4. The car is "disciplined" into working with the pedestrian nature of the
project without eliminating its presence.
MIAMI 1510337.7 7681329325
9/19/08
BILZIN SUMBERG BAENA PRICE & AXELROO LLP
September 12, 2008
Page 5
5. The project incorporates numerous setbacks, differing building heights
and breaks, a variety of roof shapes to break up the massing of the development and
the incorporation of street trees and plantings help to create a pleasant pedestrian scale
and environment.
6. The project is below the maximum Floor Area Ratio of 1.6.
7. The project has arcaded walkways at all commercial and retail frontages.
8. The parking is concealed entirely within the building and not visible from
the street.
9. The buildings respect and respond to the neighboring properties.
10. The project creates an opportunity to create a real "main street" identity to
the city center with a portion of SW 73rd Street having the ability to be closed for street
fairs and events.
11. Where residential units are located on the ground floor, the first floor is
raised above grade, screened by landscape buffers and separated by stone retaining
walls and railings.
The Special Exception of lot coverage above results in a substantial footprint
reduction on the Property from the approved plans in 2005. Although the Applicants
may develop the 2005 plans, they now wish to consolidate the development•footprint,
thereby reducing the project's impact on the surrounding area. The second Special
Exception, to permit four (4) drive - through teller windows is unchanged from 2005. The
bank drive - through windows are concealed inside the building proposed on Block A, not
visible from adjacent public streets.
Thank you for your consideration of this application.
Sincerely,
"�'��3
Jerry B. Proctor
JPB: rm
cc: Ricardo Soto - Lopez, Planning Director, City of South Miami
Luis Figueredo, Esq., City Attorney, City of South Miami
T. Allen Eagleson
Arnie Piechocki
Richard Garcia
Allison Schmitt
MIAN7I 15 1033 7.7 7681329325
9/19/08
"'�'`' BILZIN SUMBERG BAENA. PRICE & AX.ELROD LLP
11111 Hill 1111111111 i ill illi ff li
C F N 2+>O83HU1047490
DR Bk 26203 Pss 1380 - 1401; (22ass)
RECORDED 02/07/2009 10:53:06
HARVEY RUVINi CLERK OF COURT
MIAH1 -DADE CDUNTY► FLORIDA
DEVELOPMENT AGREEMENT
BEI"WKE d
THE CITY OF SOUTH MTAXII FLORIDA
AND SOUTH MIAMI CORPORATION
THIS DEVELOPMENT AG&E T ( "Agreement ") is made as of
„ June 14, 2005 by and between THE CITY OF
SOUTH MIAMI, FLORIDA.a municipal corporation ( "City ") and
SOUTH MIAMI CORPORATION ( "Company ") or its assignee.
RECI TAI.H
S, the Florida Local Government Development
Agreement Act, set forth in sections 163.3220 - 163.3243,
Florida Statutes, set forth in Exhibit "A'" (the "Act ") .
provides for the execution of development agreements for a
- - - .. ..
term not to exceed ten (10) years to insure that the law in
-- -- - _ —_
effect at the time of the execution of the- development
agreement shall govern the development of the land for the
duration of the agreement; and
UlhU.EAS, the city commission of the City of South
Miami has adopted Ordinance No. 05 -05 -1621 which implements
the Act and permits the consideration and the adoption of
this agreement; and
wHERF.As, the Company owns approximately 4.5t/- acres,
zoned HD -OV, described in Exhibit "B," (the "Property ");
and
WHEREAS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components 'described in Exhibit "Co" (the "Project ") in the
Hometown District Overlay Zone within the City of South
Miami.
Page 1 of 17
as
Book26203 /Page1380 CFN #20080104490 Page 1 of 22
NOW, THEREFORE, in consideration of the above recitals
and the following covenants, terms and conditions the
receipt and sufficiency of which are expressly
acknowledged, the city and Company covenant and agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A ". This property is deemed to be one
unified parcel and is subject to the unity of title
pursuant to the requirements of sections 20.7.30 and 20-
5.14 of the City Land Development Code (the "LDC ") attached
hereto as Exhibit "D ".
3. Effective Data; Duration of Agreement. This
agreement shall become effective after it has been recorded
in the public records of Miami -Dade County and thirty (30)
days after it is received by the Florida Department of
Community Affairs (the "Effective Date "). This agreement
shall terminate ten years from the effective date of this
agreement, unless otherwise extended or terminated as
provided for herein or in the act. The maximum period of
this agreement shall be ten (10) years from the effective
date unless extended by mutual consent of all legal and
equitable owners of the Property and the city upon approval
at a public hearing, as provided in the act.
4. Use of Property. The property described in Exhibit
"A" is to be utilized for the project described in Exhibit
"C ": a mixed use residential, office and retail project
with a residential use not to exceed 108 dwelling units on
Page 2 of �I WI 114
Book26203 /Page1381 CFN #20080104490 Page 2 of 22
approximately 4.5 +/- acres. The project will include
"chamfered" corners where it abuts roadway intersections
pursuant to Exhibit "C ". The occupied space of the project
will not exceed four stories or fifty six (56) feet in
height unless otherwise permitted by the South Miami
comprehensive plan or its land development regulations. The
total of occupied space of the project shall not exceed
four stories. Non- occupied space shall not exceed a maximum
height of fifty six feet. The project shall be built in two
phases as follows:
• Phase I shall consist of Blocks "A" and " "B"
described in Exhibit "C ".
• Phase II shall consist of Block "C" described
in Exhibit "C ".
m The Comgany may elect to
implmmant
the
plan
in one phaa ®.
-- -- ..... ..... -.
e The ComPany ausy
®1®ct to utilize
Block "C"
as a
tomporary bank facility with drive-through
"Res
(not to axc &cd
four lanes) which
facility
shall
be removed upon
the iseuanco og
tho Cartificato
of pccupancy for
the Bank facility
on Block "A
".
The overall development of the property shall be
conducted in accordance with the approved site plan on file
at the City, (attached and incorporated as Exhibit "B ")
including elevations, architectural features and estimated
commercial square footage pursuant to Section 20.3 -7, of
the LDC.
5. public _Faciliti®s_Se ving__th®_Project. In order to
enhance public facilities in the City of South Miami, the
Page 3 of 17
W'�ok'j
Book26203 /Pagel382 CFN #200801044 90 Page 3 of 22
Company agrees to provide the services listed below in
compliance with Section 20 -4.1 of the LDC, including:
(a) Roadways
An operational traffic study was conducted. by
the city and the Company agrees to the
recommendations of city staff as set forth in
their staff report which recommendations are
incorporated herein by reference.
(b) Parks and Recreation
Based on the projected residential population
on the Property, Company agrees
-t-he albern&*iape7
based e.. the average
J
to donate $232,000 in
-- s
on ® = snn luxap at gs its responsibility for meeting
park and recreation concurrency. Paymsant shall
be made on or before receipt of the first
building permit and shall include any interest
or carrying cost incvrr ®d by the City until
receipt of the payment."
(c) Sanitary Sewers
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.
Page 4 of 17
A�-,Zr 17(a7
Book26203 /Page1383 CFN #20080104490 Page 4 of. 22
(d) Solid Waste
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.
_(e) Schools
The Company commits to pay upon the issuance
of the initial certificate of occupancy any
required Miami -Dade County School Board school
impact fees.
6. Concurrency. The City of South Miami has determined
that the Company's performance under the Development
Agreement satisfies the concurrency requirements, as
delineated in Section 20 -4.1, City Code. By execution of
this Agreement, the City acknowledges -- that the- ...application
for site plan approva meets all concurrency regulations
enumerated in Section 20 -4.1 of the City Code, and that the
site plan application and this Agreement are consistent
- - __.. -_
with the— City=— Gompre•hensve -Plan and Land•-• -Deve opment
Regulations.
7. permits. The permits preliminarily identified as
necessary for development of the project are described as
follows:
(a) Special Exception to permit four drive -
through teller lanes within the site.
(b) Special Exception to provide 72.2% +/- lot
coverage.
(c) Special Use - permit to permit up to four
restaurants with a maximum -total of 13,820+/ -
square feet with parking to be supplied from any
Page 5 of 17
Book26203 /Page1384 CFN #20080104490 . Page 5 of 22
excess parking within the site. Retail and
restaurant parking shall be marked and signed.
S. Development Conditions. The following conditions
shall apply to the development of the project:
(a) The Company shall meet all applicable
building codes, land development regulations,
ordinances and other laws.
(b) The Company shall adhere to the requirements
of all permits for the project.
(c) The Company shall develop the project in
conformance with the parameters set forth in this
agreement.
(d) All development shall be in accord with the
site plan submitted with the special exception
and special use applications, said site plan
- - - ---
incarpo
(e) The Company shall provide the Department of
Planning with a temporary parking plan, including
—_
an ope- rational•- plan -, wh• ch ..addres -s.es _ co i tion
employee parking during the construction period,
said plan shall include an enforcement plan and
shall be subject to the review and approval by
the planning director prior to the issuance of
any building permits and shall be enforced during
construction activity.
f) All conditions imposed by the City Commission
shall be incorporated in this Development
Agreement.
g) Company shall reimburse the City its lost
parking revenue from any metered parking spaces
Page 6 of 17
Book262031Page1385 CFN #20080104490 Page 6 of 22
adjacent to the Property which it occupies or
uses during the construction period.
h) The Company shall donate to a city trust. fund
$40,000.00 to be used by the city for traffic
calming or other traffic mitigation programs
within the City of South Miami. This money shall
be donated to the City , prior to the issuance of
its first building permit.
9. Consistency with City of south Miami Comprehensive
Plan and Land Development Regulations. The city has adopted
• a Comprehensive Plan and Land Development Regulations in
accordance with Chapter 163, Part II, Florida Statutes. The
city finds that the project is consistent with the city's
comprehensive plan and the city's land development
regulations. The project, a mixed use. residential, office
retail�everl =upme t' — asset = �rtfi �Tez� = is o7rs°stent
with the "Mixed -Use Commercial /Residential (Four Story)"
designation on the future land use map, and the HD -OV
zoning district on tYie °'Offcal`'Z- oriirig Atlas of the' City. of
South Miami. Goal 2. of the Future Land Use Element
identifies the defines the home town district which
consists of the "Hometown District Overlay Zone," as
defined in Article VII, sections 20-7.1 through 20 -7.52 of
the city's land development regulations.
10. Vesting. As long as the development on the
Property is in compliance with this Development Agreement,
and all applicable laws, ordinances, codes and policies in
existence at the time of the execution of the Development
Agreement as well as other requirements imposed by the City
Commission upon the ratification of the site plan approval
vmk -k t" l
Page 7 of 17
Book26203 /Page1386 CFN #20080104490 Page 7 of 22
on the Property, the Property shall not be the subject of a
down zoning. application by the City and shall not be
subject to any development moratorium, referenda action,
ordinances, policies, or procedures enacted by the City
that limits the development contemplated by this Agreement
and depicted in the site plan. Any failure by this
Agreement to address a particular permit, condition, term
or restriction. shall not relieve the Company of the
necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
11. Permits, Conditions, Terms and Restrictions not
Addressed. The failure of this agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with the law governing said permitting
requirementsn- i1`ti-o n-s 7- o r r e s t r i c t i o n s .
12. Duration of Permits. The Company acknowledges that
this agreement _does_ -_not extend. t.he;,, duration._ :of a_ny _permi.ts
or approvals.
13. Law Governing Development of the Property. The
ordinances, policies and procedures of the City of South
Miami .concerning development of the property• that are in
existence as of the execution of this agreement shall
govern the development of the property for the duration of
the term of this agreement No subsequently adopted
ordinances, policies, or procedures shall apply to the
property except in accordance with the provisions of
section 163.3233(2), Florida Statutes, and ordinance No.
n5 -O5 -1827, as attached.
Page 8 of 17
�11,I i
Book26203 /Page1387 CFN #20080104490 . Page 8 of 22
14. Termination. This agreement may be terminated by
mutual written consent of the city and Company, subject to
the terms and conditions herein. Either party may terminate
this Agreement if the other party commits or allows to be
committed any material breach of this Development
Agreement. A "material breach" of this Agreement shall
include, but not be limited to, a failure of either party
to perform any material duty or obligation on its part for
any thirty (30) consecutive day period. Neither party may
terminate this Agreement on grounds of material breach of
this Agreement unless, it has provided written notice to
the other party of its intention to declare a breach and to
terminate this Agreement (the "Notice to Terminate ") and
the breaching party thereafter fails to cure or take steps
to substantially cure the breach within sixty (60) days
following the receipt of such Notice to Terminate, with th e
exception of monetary breaches which shall be cured wit7iin
thirty (30) after receipt of notice.
15. Assignment- ..-- This-Development - Agreement- -may not be
assigned by the Company except to an affiliated entity,
without the prior written consent of the City. Subject to
the preceding sentence this Development Agreement shall be
binding upon the successors, assigns, and representatives
of the parties hereto. An affiliated entity is an entity of
which South Miami Corporation or a majority of its
shareholders, directly or indirectly owns at least 51% of
the beneficial interest.
16. Work Force. The Company :agrees to.. use _ -_its best
efforts to enhance job opportunities for local citizens in
connection with the project. To that end and in order to
Page 9 of 17
A0,11.1
Book26203 /Page1388 CF.N #20080104490 Page 9 of 22
maximize job opportunities for applicants from South Miami,
the Company shall send notice to the Community
Redevelopment Agency Director of the City of South Miami,
or a substitute designee by the City Manager, regarding
employment opportunities related to any (1) construction
work on the Property, (2) temporary or permanent
maintenance work on the Property, or (3) proposals for
leasing of retail space or employment opportunities
associated with retail space located on the Property.
17. Joint. Preparation. This agreement has been drafted
with the participation of the city and Company and their
counsel, and shall not be construed against any party on
account of draftsmanship.
18. Binding Effect. The burdens of - this agreement
shall be binding upon, and the benefits of this .agreement
sha.l -.l. nu.re= _,_to -- a1 s -ucc.e .ors.- -i.n-inter.e.st - -t o- the parties
of this agreement.
Capti- on- a---- and - -- Headings--- P- a- r-agraph - headings are for
convenience only and shall not be used to construe or
interpret this agreement.
20. Applicable Laws, Juri2diction, and Venue. This
agreement shall be governed by and interpreted, construed,
and enforced in accordance with the internal laws of
Florida without regard to principles of conflicts of law.
This agreement may be enforced as provided in Section
163.3243, Florida Statutes. Venue for any litigation
pertaining to the subject matter hereof shall be
exclusively in Miami -Dade County Florida.
'Al,
Page 10 of 17
Book26203 /Page1389 CFN #20080104490 Page 10 of 22
21. Enforcement. In any litigation arising out of this
agreement, the prevailing party shall be entitled to
recover its costs and attorneys fees. Attorney's fees
payable under this paragraph shall not exceed 25% of the
amount of damages awarded to the.prevailing party and no
party shall be entitled to pre - judgment .interest. In any
injunctive or other action not seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but shall be reasonable and shall not exceed an
hourly rate of $300.00 per hour.
22. Inspection. Nothing in this Agreement shall be
construed to waive or limit the City's governmental
authority as a . municipal corporation' and political
subdivision of the State of Florida. The Company therefore
understands and agrees that any official inspector of the
-- City of - -Soutlh-- Miami or its- agen °ts duly ° authorized, have
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
_ --
with applicable' -laws including - "i ut -` not -- limited to' building
and zoning regulations and the conditions herein.
23. Authorization to Withhold Permits and Inspections.
In the event the Company is obligated to make payments or
improvements under the terms of this Development Agreement
and such payments are not made as required, or• such
improvements are not made as required, in addition to any
other remedies available, the City of South Miami is hereby
authorized to withhold any further permits on the portion
of.--the--- Property -failing to-- comply with this Development
Agreement, and refuse any inspections or grant any
approvals, with regard to that portion of the Property
Page 11 of 17 .
pf"'11til "I
Book26203 /Page1390 CFN #20080104490 Page 11 of 22
n
until such time this Development Agreement is complied
with.
24.. Representations of the Company. The Company
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
Company and do not require further approval by
Company.
(b) This Agreement has been properly executed,
and constitutes Company's legal, valid and
binding obligations, enforceable against Company
in accordance with its terms.
(c)..There- are no act -ions, .suits or.- p- roceedings
-- -__ ----- pendi-ng.- ,- .f �°. , = ened- -aga st —o =---a f-fre�� -i -n g
Company before any court or governmental agency
that would in any .material way affect Company's
ability to perform this Agreement.
(d) Company shall not act in any way whatsoever,
directly or indirectly, to cause this Agreement
to be amended, modified, canceled, or terminated,
except pursuant to its express terms, and shall
take all actions necessary to ensure that this
Agreement shall remain in full force and effect
at all times.
(e) Company has the financial capacity to pay or
advance to the City all fees and payments as
required-under this Agreement.
Page 12 of 17 �,Ii11 1
m
Book262031Page1391 CFN #20080104490 Page 12 of 22
25: Severability. In the event that any of the
covenants, agreements, terms, or provisions contained in
this agreement shall. be invalid, illegal, or unenforceable
in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be
in no way affected, prejudiced, or disturbed thereby.
26. Waivers. No failure or delay by Company or the
City to insist upon the strict performance of any covenant,
agreement, term or condition of this Agreement, or to
exercise any right or remedy consequent upon the breach
thereof, shall constitute a waiver of any such breach or
any subsequent breach of such covenant, agreement, term or
condition. No covenant, agreement, term, or condition of
this Agreement and no breach thereof shall be waived,
altered or modified except by written instrument. No waiver
shall= a-f-f -ect -- o=rs= al-t-e =x °-` -h s Agre'emen-t `but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
- respect- -z-to= =-any= other then -- -existing' or` subsequent breach
thereof.
27. Annual Report and Review. It shall be the
r- espons bilit- y- - -of-- the-- Company—to -- submit -an -- annual report to
the City sufficient to fulfill the requirements as stated
in the provisions of .Section 163.3235, Florida Statutes,
and ordinance No. 05 -05 -2005. This agreement shall be
reviewed annually on the anniversary of the effective date
of this agreement. The Company, or its assign, shall submit
an annual report_ at _ least 30 _ da.ys -., prior..- to._.the_. :annual
review date. This report shall contain a section -by- section
listing of what obligations have been met and the date
Page 13 of 17
Book262031Page1392 CFN #20080104490 I Page 13 of 22
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 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.
28. Notices. Any notices or reports required by this
agreement shall be sent to the following:
For the City: City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Copy -to- T- _— — - -- - -- .
Planning and Community
Development Department
City of South Miami
_ 6.130 Sunset Drive
South Miami, Florida 33143
For tha Company: South Miami Corporation
Attn: Donald F. Hunter,
- -- Vice President
And Wade R. Wacholz, counsel
5750 Sunset Drive
South Miami, Florida 33143
Copy to: Wade R. Wacholz, Esq.
Gislason & Hunter, LLP.
P.O. Box 5297
Hopkins, Minnesota 55243 -2297
W. Tucker Gibbs, Esq.
215 Grand Avenue
Coconut Grove, Florida 33133
Page 14 of 17
Book26203 /Page1393 CFN #20080104490 Page 14 of 22
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of the act, applicable
city ordinances and Florida law.
31. Entire agreement. This agreement represents the
entire agreement and no prior or present agreements or
representations shall be binding upon either the city or
Company, unless specifically incorporated herein by
reference, whether such prior present agreements have been
made orally or in writing. Each party affirmatively
represents that no promises have been made to that party
that are not contained in this Agreement, and the Exhibits,
and _stiRplates_ that--z-A_— ev_i:derncQ of an3-=—prom -i-ses - -not
contained in this Agreement, and the Exhibits, shall be
admitted into evidence on its behalf. This Agreement shall
be - supplement -ed, ..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,
32. Third Party Beneficiary. This Agreement is
exclusively for the benefit of the parties hereto and their
Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise
to liability to any third party other than the authorized
successors and assigns of the parties hereto.
33. Periods of Time. Whenever any determination is to
be made or action is to be taken on a date specified in
Page 15 of 17
Book26203 /Pagel394 CFN #20080104490
Page 15 of 22
this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall
be extended to the next day which is not a Saturday, Sunday
or legal holiday.
34. 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.
35. Recordation. within 20 days after the Development
Agreement has been signed by both the Company and the City,
the Applicant shall cause a copy of the Development
Agreement to be recorded at the Applicant's expense in the
registry of deeds in Miami -Dade County.
36. Abandonment of Right -of -way. The City agrees to
abandon the right -of -way adjacent to the property to the
buildable line. The Company shall contemporaneously grant
to the City an easement from the right -of -way adjacent to
the property to the buildable line for all future needs of
the City. To ensure that the proposed structure does not
interfere with the City's future needs, any permanent
structure extending out over the City's easement shall
provide the City with clearance as provided in the Hometown
Overlay District in the Land Development Code (10 -feet
minimum) .
Page 16 of 17
kitl oj�
Book26203IPage1395 CFN #20080104490 Page 16 of 22
PASSED AHD DULY ADOPTED by the city, commission of the
Cit y of South Miami, Florida, this day o 200 .
L` moo
M
A TEST: APPROVED:
TY CLERK ( NAYOR _
'. ' q. " zn �en L) LA
READ AND APPROY XD AS TO FORM:
C `Y TTC�RNEY
AGREED TO this day of M one, 200/.
Witnesses:, SOUTH MIAMI CORPORATION
President @�
Print Name Aiz-N r✓� . �� c �c�c � iR W�l� "� V/ �
Print Name E V- ?- -0
STATE OFb9���inioi5
i
COUNTY OF eoDK
The
foregoing instrument
was acknowledged before
me this
a(o
day of
200XIby W. RoCKWtct WiRiZ
who is
pers nally known to me or
who produced
as identification, on behalf
of
the corporation.
CYN M E. KRCH
My
commission expires:
Notory OFFICIAL SEAL
%tkc Stoteotlllinois
,to<< -►III
ry
11
E- (' ----4
_
My Commission E-Vbes
4, 2011
Page 17 of 17
Book26203 /Pagel396 CFN #20080104490 Page 17 of 22
`r n EXHIBIT
• D
D
• 3
ORDINANCE NO. 05-05-1827
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3221, FOR A UNIFIED
DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL
INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND
THE FOLLOWING USES: 108 MULTI - FAMILY RESIDENTIAL UNI'T'S,
RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING
GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,53
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF
MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 2005 the South Miami Corporation is requesting approval -of a Development
Agreement for a 4.5 acre proposed unified development to be called "Project Sunset" which will include
a total of 108 dwelling units and 87,212 square feet of commercial space on property Iocated generally
at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east
50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in plat book
3 at page 198 of the public records of Miami -Dade County; and
WHEREAS, the City Commission at its March 1, 2005 meeting adopted a resolution allowing
two special exceptions and adopted a special use resolution permitting the location of four restaurants in
the unified development; and
NVHEREAS, the Florida -Local Government Development Agreement Act, set forth in sections
163.3220-163.3243, Florida Statutes, provides for the execution of development agreements to insure that
the law and regulations in effect at the time of the execution of the development agreement shall govern
the development of the land for the duration of the agreement; and
WHEREAS, the South Miami Corporation has proposed the execution of a development
agreement with the City of South Miami pertaining to the mixed use project entitled "Project Sunset"
which agreement would set forth all of the conditions and commitments required by the Ciiy resulting
from the approval of the special exception and special use requests; and
NVHEREAS, the Planning Board at a meeting on February 22, 2005 after a public hearing,
adopted a motion by a vote of 4 aye 1 nay recommending approval of the proposed Development
Agreement subject to specific revisions and conditions, which have been included in the draft agreement;
and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMUSSION OF THE CITY OF SOUTH NIIANII, FLORIDA:
Section I That a Development Agreement, attached as Exhibit "A' as amended during the
March 15 2005 public hearing, and dated March 15, 2005 between the City
of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed
Book26203 /Page1397 CFN #20080104490 Page 18 of 22
Ord. No, 05 -05 -1827 2
unified development to be called "Project Sunset" which will include a total of 108 dwelling units and
87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally
described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W.
A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public
records of Miami -Dade Coynty is approved.
Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this j�� day of )14 , 2005
ATTEST:
I" Reading -3/1 /.OS
2�
ding-3/1 5/05
APPROVED AS TO FORM:
CITY ATTORNEY
achment: Exhibit "A" Development Agreement
APPROVED:
E: \Comm Items\2005 \3- 1- 05\Development Agreement Bank Ord.doc
COMMISSION VOTE:
4 -1
Mayor Russell:
Yea
Vice -Mayor Palmer:
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar
Nay
Book26203 /Page1398 CFN #20080104490 Page 19 of 22
EXHIBIT
• D V
ORDINANCE NO. 18-05-1840
AN ORDINANCE OF THE MAYOR AND CITY comMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO. 05-05 -1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40
THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DARE COUNTY; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO
PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY
PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE
PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS,, the City Commission at its March 1, 2005 special meeting approved special
exceptions to permit "Project Sunset", a unified mixed use development consisting of residential, office
and retail uses generally located at 5750 Sunset Drive; and
WHEREAS, the City Commission at its March 15, 2005 meeting adopted Ordinance No. 05-
05 -1827 approving a Development Agreement between the City and the developer, the South Miami
Corporation for Project Sunset; and
WHEREAS, Section 4 of the Development Agreemententit] "ed- "Use ofProperty" sets- forth a
phasing schedule for the development of the project; and
- --
WHEREAS, the Administration has now negotiated an amended phasing schedule which should
reduce the impacf`of the- development program on traffic and parking in the area; an
WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities Serving the
Project" provides a formula for determining the amount and timing of a park and open space concurrency
payment to be made by the developer to the City; and
WHEREAS, the Administration has now negotiated a specific amount and revised timing of the
park and open space concurrency payment to be made by the developer to the City; and
WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public
hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the proposed amendment
to the Development Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
CoMaYfISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I That Section 4 entitled "Use of Property" of the Development Agreement between the City
and the South Miami Corporation for Project Sunset adopted by Ordinance No. 05 -05 -1827 at the March
15, 2005 City Commission meeting, is hereby amended to read:
4. "Use of Property. The property described in Exhibit "A" is to be utilized for the project
described in Exhibit "C ": a mixed use residential, office and retail project with a residential use
Book26203 /Page1399 CFN #20080104490 Page 20 of 22
drd. 'Ro. 18 -05 -1840
1
2
Pa
3 not to exceed 108 dwelling units on approximately 4.5 +/- acres. The project will include
4 "chamfered" corners where it abuts roadway intersections pursuant to Exhibit "C ". The occupied
5 space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise
6 permitted by the South Miami comprehensive plan or its land development regulations. The total of
7 occupied space of the project shall not exceed four stories. Non- occupied space shall not exceed a
8 maximum height of fifty six feet. The project shall be built in #wo phases as follows:
9 C Phase I shall consist of Blocks "A" and 9G9 "B" described in Exhibit "C ".
10 o Phase II shall consist of Block 9134 "C" described in Exhibit "C ".
11 i The Company may elect to implement the development plan in one
12 phase
13 a The Company may elect to utilize Block "C" as a temporary bank
14 facility with drive - through lanes (not to exceed four lanes) which
15 facility shall be removed upon the issuance of the Certificate of
16 Occupancy for the Bank facility on Block "A ".
17
18 The overall development of the property shall be conducted in accordance with the
19 approved site plan on file at the City, (attached and incorporated as Exhibit "C")
20 including elevations, architectural features and estimated commercial square footage
21 pursuant to Section 20.1-7, of the LDC."
22
23 Section 2 That Section 5(b) entitled "Public Facilities Serving the Project" of the Development
24 A.gLwment_betsween,.the City and the South Miami Corporation for Project Sunset adopted by Ordinance
25 No.-05 -05=1 -827 at the March 15, 2005 City Commission meeting, is hereby amended to read:
26
27 5. "Public Facilities Serving the Project
28 _
*.,. -*
30 b) Parks and Recreation
31 Based on the projected residential population on the Property, Company agrees
32
33 "
34 '
35
36
an
37 ,��� �� ,,. } ^° �t� „_�- to donate 5232,000 in one Iump sum as its responsibility for
38 meeting park and recreation concurrence. Payment shall be made on or before receipt of
39 the first building permit and shall include any interest or carrying cost incurred by the
40 City until receipt of the payment."
41
42
43 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
44 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
45 remaining portions of this ordinance.
46
47 Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
48 hereby repealed.
49
Book26203 /Page1400 CFN #20080104490 Page 21 of 22
r4 Ord. No. 18 -05-1840
0
Section 5 This ordinance shall be effective immediately after the adoption hereof.
V,
NW
100 PASSED AND ADOPTED this day of 4t----� 1 2005
, D
N 4X APPROVED:
I ATTEST:
qci CLERK
I` Reading— 6/7/05
2nd Reading — 6/14/05
READ JVED AS TO FORM:
Y ATTORNEY
3
New wording underlined; wording to be removed indicated by strikethrough
\\MCGRLTFF%PL,4aqNjNG\Cornrn ]ttms\2005\6-7-05\DevrI0Prnent Agreement Project Sunset Ord.doc
Book26203/Page1401 CFN#20080104490 Page 22 of 22
R
COMMISSION VOTE:
4-0
Mayor Russell:
Yea
Vice Mayor Palmer:
absent
Commissioner Wiscombe:
Yea
Commissioner Birts-Cooper:
Yea
Commissioner Sherar
Yea
New wording underlined; wording to be removed indicated by strikethrough
\\MCGRLTFF%PL,4aqNjNG\Cornrn ]ttms\2005\6-7-05\DevrI0Prnent Agreement Project Sunset Ord.doc
Book26203/Page1401 CFN#20080104490 Page 22 of 22
ORDINANCE NO. 05-05-1827
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED
DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL
INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND
THE FOLLOWING USES: 108 MULTI - FAMILY RESIDENTIAL UNITS,
RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING
GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, .53
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF
MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 2005 the South Miami Corporation is requesting approval of a Development
Agreement for a 4.5 acre proposed unified development to be called "Project Sunset" which will include
a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally
at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east
50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in plat book
3 at page 198 of the public records of Miami -Dade County; and
WHEREAS, the City Commission at its March 1, 2005 meeting adopted a resolution allowing
two special exceptions and adopted a special use resolution permitting the location of four restaurants in
the unified development; and
WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections
163.3220- 163.3243, Florida Statutes, provides for the execution of development agreements to insure that
the law and regulations in effect at the time of the execution of the development agreement shall govern
the development of the land for the duration of the agreement; and
WHEREAS, the South Miami Corporation has proposed the execution of a development
agreement with the City of South Miami pertaining to the mixed use project entitled "Project Sunset"
which agreement would set forth all of the conditions and commitments required by the City resulting
from the approval of the special exception and special use requests; and
WHEREAS, the Planning Board at a meeting on February 22, 2005 after a public hearing,
adopted a motion by a vote of 4 aye 1 nay recommending approval of the proposed Development
Agreement subject to specific revisions and conditions, which have been included in the draft agreement;
and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recornmendation of the Planning Board.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
CONDUSSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That a Development Agreement, attached as Exhibit "A" as amended during the
March 15 2005 public hearing, and dated March 15, 2 0 0 5 between the City
of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed
Ord.. No. 05 -05 -1827
2
unified development to be called "Project Sunset" which will include a total of 108 dwelling units and
87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally
described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W.
A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public
records of Miami -Dade County is approved.
Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this.. day of /1/l , 2005
ATTEST:
APPROVED:
JN�K
I" Reading -3 / 1 /05
2 n eading -3 / 15 / 0.5
APPROVED AS TO FORM:
ATTORNEY
: Exhibit "A" Development Agreement
E: \Comm Items\2005\3 -1 -05 \Development Agreement Bank Ord.doc
c�
COMMISSION VOTE:
4-1
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:.
Yea
Commissioner Sherar
Nay
RESOLUTION NO. 37-05- 1.2016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) . OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF
"PROJECT SUNSET" A UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT
ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND
LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE
AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the South Miami Corporation has submitted Application No. PB -05 -002 to the
Planning Department for a special use to permit four general restaurants as part of a unified development
project entitled "Project Sunset" at the above referenced location; and
WHEREAS, a general restaurants are allowed as a special use in the "SR(HD -OV)" Specialty
Retail Hometown District Overlay zoning district subject to meeting general conditions specified in LDC
Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
WHEREAS, the approval of a special use requires a recommendation from the Planning Board
and the approval of the City Commission after a public hearing; and
WHEREAS, on February 22, 2005 the Planning Board, after public hearing, voted 5 ayes and 0
nays to recommend approval with conditions of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That an South Miami Corporation application for special use approval to allow four general
restaurants for a total of 13,820 sq. ft. in the "SR(HD -OV)" Specialty Retail Hometown District Overlay
zoning district located generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45,
53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the
plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami -Dade County is hereby
approved subject to the following conditions:
(1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
occupational licenses;
Res. Igo. 37 -05 -12016
(2)
(2) Restaurant and retail parking should be located and marked on the ground floor of each
garage.
(3) If the proposed general restaurants are, in the future, determined by the Director of Planning ,
to be adversely affecting the health or safety of persons residing or working in the vicinity of
the proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the special
use approval may be modified or revoked by the City Commission upon notification and
public hearing.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this /s-- day of 2005
ATTEST:
APPROVED:
QLYC2�LiE�RK YO
READ AND APPROVED AS TO FORM:
EAComm Items\?005\3- 1- 05\Special Use Rests Resol.doc
Commission Vote:
5-0
Mayor Russell :
Yea
Vice Mayor Palmer:
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
so U T� South Miami
H
All- America C"
U
INCORPORATED
1927
CpJRk
Zoos
City of South Miami
To: Honorable Chair & Planning
Board Members
From: Ricardo Soto- Lopez1
Planning Director
PB -08 -032 (B)
Applicant: South Miami Corporation
Date: October 28, 2008
Re: Development Agreement
Project Sunset -South Miami Corp.
5750 Sunset Dr.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA
STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY
KNOWN AS "PROJECT SUNSET" NOW KNOWN AS THE "FIRST ON SUNSET" PROJECT
WHICH WAS APPROVED BY ORDINANCE NO. 05 -05 -1827 ADOPTED MARCH 15, 2008;
AMENDING CONDITION NO. 4 TO ALLOW THE PROJECT TO BE DEVELOPED IN THREE
PHASES INSTEAD OF TWO PHASES; AMENDING CONDITION NO. 8(D) TO ACCEPT A
REVISED PROJECT SITE PLAN DATED JULY 25, 2008; ALL FOR PROPERTY LOCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 .THRU 9, 40
THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant is requesting approval to revise a Development Agreement approved by the adoption of
Ordinance No. 05 -05 -1827 by the City Commission at its March 15, 2005 meeting. Project Sunset (Bank of
South Miami), is now known as "First on Sunset" a 4.5 acre property. The new proposed development will
include residential, office, retail uses and parking. A total of 106 dwelling units and 72,249 square feet of
commercial space will be constructed in three phases.
SUMMARY OF THE DEVELOPMENT AGREEMENT
The Development Agreement adopted in 2005 includes a schedule of development for the three blocks
(A, B, and Q. The applicant is now requesting that the phasing of the development be modified. To achieve
this objective the applicant has changed the site plan, resulting in a reduction in square footage and lot
coverage. The specific changes to the Development Agreement will: (1) amend condition number four to
allow the project to be developed in three phases instead of two phases and; (2) amend condition number
eight to accept a revised project site plan dated July 25, 2008. The Development Agreement will read as
follows:
Development Agreement:
First on Sunset
October 28, 2008
Page 2 of 2
AMENDMENT TO CONDITION #4
Phase I shall consist of Block "A" " described in Exhibit "C ".
Phase II shall consist of Block "0! "B" described in Exhibit "C ".
Phase III shall consist of Block "C" described in Exhibit "C"
The Company may elect to utilize Block "C" as a temporary bank facility with drive - through lanes (not to
exceed four lanes). This facility shall be removed upon the issuance of the Certificate of Occupancy for the
Bank facility on Block "A ".
The overall development of the property shall be conducted in accordance with the appfeved revised site
plan dated 7/25/2008 on file at the City, (attached and incorporated as Exhibit)( `C"1 including
elevations, architectural features and estimated commercial square footage pursuant to Section 20.3 -7, of
the LDC.
AMENDMENT TO CONDITION #8
(d) All development shall be in accord with the revised site plan dated 7/27/2008 submitted with the
revised special exception and speeial use applications, said site plan, incorporated in Exhibit "C ".
RECOMMENDATION
It is recommended that the proposed revisions to the Development Agreement submitted with this
application be approved with the following conditions:
(1) The Development Agreement shall be modified to clearly state that Block C can not be developed with
additional residential units if Block A and B are developed to the maximum density of 106 residential units.
The zoning district maximum density is 24 units per acre resulting in a total maximum allowable of 106
residential units permitted in the unified development.
(2) The Development Agreement shall include a time table for the start and conclusion of construction, (e.g.
twenty four months from the time of commencement to completion of the project at issuance of the first
building permit).
(3) The special use resolution allowing for four restaurants (Resolution number 37 -05- 120 -16 adopted
March 15, 2005) will be repealed.
Attachments:
• Planning Board Application, dated June 26, 2008
• Application for Amendment to Development Agreement and Special Exception, dated September 12, 2008
• Development Agreement (2005)(Re: pp3 and 6)
• Ordinance No. 05 -05 -1827 and Ordinance No. 37 -05 -12016
• Public notices
RSL /SAY/LCH Z:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \10- 28- 08\PB- 08- 032(B) Devel Agree
5750 Sunset Report FIRST ON SUNSET.doc
R
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, October 28, 2008
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38P.M.
The Pledge of Allegiance was recited in unison..
II. Roll Call
Action: Chairman Morton requested a roll call. Board members present constituting a quorum:
Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Ms. Young, and Ms. Chael. Absent: Mr.
Comendeiro
City staff present: Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant),
and Lluvia Resendiz (Zoning Tech).
III. ADMINISTRATIVE MATTERS: Mr. Youkilis advised that because the second Tuesday of
the month is a national holiday the Planning Board meeting was rescheduled for Thursday,
November 13, 2008.
III. Planning Board Applications/Public Hearing
PB -08 -032 (A)
Applicant: South Miami Corporation
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF
THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A UNIFIED
DEVELOPMENT PROJECT KNOWN AS THE "FIRST ON SUNSET" PROJECT IN THE
"SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT TO PERMIT: (1) A SPECIAL EXCEPTION TO SECTIONS 20 -7.711 AND 20-
7.9B IN ORDER TO ALLOW A TOTAL LOT COVERAGE OF 62.89% OR 121,140
SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE AND
60,000 SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20 -7.9B TO ALLOW
FOUR (4) BANK DRIVE -THRU LANES WHICH EXCEED THE MAXIMUM
PERMITTED TWO (2) BANK DRIVE -THRU LANES; ALL FOR PROPERTY
GENERALLY LOCATED AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS
LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF
LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS
OF MIAMI -DADE COUNTY; REPEALING RESOLUTION NO. 31 -05 -12010 ADOPTED
ON MARCH 1, 2005; AND PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
October 28, 2008
Page 2 of 8
Ms. Young read the item into the record.
Action: Ms. Cabrera - Hernandez read the staff report into the record.
Mr. Cruz expressed concerns with the results of the traffic study analysis conducted by the City's
consultant Kimley -Horn & Associates. He stated that he was pleased with the analysis but just
wanted to go over some of the findings. Mr. John McWilliams, Kimley -Horn, explained that during
the initial review he provided comments. When the October 23, 2008 memo was written Mr.
McWilliams wanted to respond to each of the comments he asked for certain things that were not
addressed. The reason you see open ended items was that he was tasked with comparing the
analysis with the City's Comprehensive Plan and the level of service standards the City has for its
roadway network. The City's Comprehensive Plan calls for a level of standard "F" as their
standard. Therefore regardless of how the analysis pans out, if the applicant can justify 10%
increase at intersections operating at "D" "E" or "F" then there is no standard to say that it does not
comply with the concurrency standard.
Mr. Proctor advised the he has a companion matter related to the development and therefore
requested that item PB- 08- 032(A) and PB- 08 -32(B) be heard together.
Motion: Ms. Yates moved to have items PB- 08- 032(A) and PB- 08- 032(B) discussed
simultaneously. Mr. Cruz seconded.
Vote: 6 Ayes 0 Nays
PB -08 -032 (B)
Applicant: South Miami Corporation
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING A DEVELOPMENT AGREEMENT PURSUANT
TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT
PREVIOUSLY KNOWN AS "PROJECT SUNSET" NOW KNOWN AS THE "FIRST ON
SUNSET" PROJECT WHICH WAS APPROVED BY ORDINANCE NO. 05 -05 -1827
ADOPTED MARCH 15, 2008; AMENDING CONDITION NO. 4 TO ALLOW THE
PROJECT TO BE DEVELOPED IN THREE PHASES INSTEAD OF TWO PHASES;
AMENDING CONDITION NO. 8(D) TO ACCEPT A REVISED PROJECT SITE PLAN
DATED JULY 25, 2008; ALL FOR PROPERTY LOCATED GENERALLY AT 5750
SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MLA.MI -DADS
COUNTY;; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Mr. Farfan read the item into the record.
Action: Mr. Soto -Lopez stated that the applicant has two requests; the phasing of the project and
two special exceptions. He requested that the Board consider them as he will not go through all the
details because the documentation in the report was sufficient.
Mr. Proctor stated he was the representative of South Miami Corporation which is developing 2 '/z
blocks within the City. He provided the Board with a description of the property itself and those
properties adjacent to the proposed project. He further explained the mixed uses that will be in the
Planning Board Meeting
October 28, 2008
Page 3 of 8
first floor. He stated that the previous proposal for the development was approved by the Planning
Board and the City Commission. He also stated that as part -of that development proposal there was
a Development Agreement submitted by the property owner and approved by the City
Commission. It covered all requirements and description of the development requirements upon the
property owner and description of City obligations. The agreement had 10 year duration. In 2005
the development was 4 stories and included 108 residential units. It was proposed to be developed
in two phases. The owner has revised the plan and is asking for amendments to the development
agreement and the site plan. The intensity of the development has been reduced by 15,000 square
feet. The lot coverage has lowered from 72% to 62 %. He advised that no restaurants will be a part
of the new proposal due to the fact that along SW 73 Street there have been a number of restaurants
opened. There is a market shift that was taken into account and therefore the restaurants were
eliminated. One of the primary reasons why we are opining that the impact of traffic is reduced in
this development is caused by the elimination of the restaurants. Mr. Proctor provided a description
of the changes in the Development Agreement. He noted that the development of project will be in
two phases Block "A" will be developed first and block `B" will remain as is in order for it to be
used as a parking. Once block `B" is developed block "C" will be used for required parking. He
stated that there are more than required parking spaces on site to comply with the regulations. He
reiterated that he is not asking to amend any other requirements other than the phasing aspect of the
development and the site plan.
Mr. Morton questioned if the 10 years begins under the first day of signing the agreement. Mr.
Proctor replied that the agreement was recorded in February of 2008 and it will be effective
February 2008. Mr. Morton questioned if the amendment will not trigger the 10 year start. Mr.
Figueredo replied that it can be considered but the addendum to an existing agreement will not
extend the term unless it is specifically extended.
Mr. Morton questioned the reason for dropping the restaurants. Mr. Proctor replied that the
restaurants were dropped based on market conditions therefore there will be no late night activities
on the block. Mr. Morton questioned if Block `B" were not completed will there be sufficient
parking for block "A" Mr. Proctor replied that enough parking will be provided. Mr. Morton also
questioned the impact that the construction access would have on Sunset Drive. Mr. Proctor stated
that they have to present to the City the hours of operation and function of the development. The
property owner is prepared to take those steps. Mr. Morton questioned why the original agreement
stated that $232,000 was going to be paid for if enough parking is being provided. Mr. Proctor
stated that the concurrency fee to be paid to the city was for Parks and Recreation concurrency. Mr.
Soto -Lopez stated that the $232,000 is an undervalue to the City. He also stated that there is no
affordable housing required in the original agreement.
Mr. Cruz questioned why the development agreement will be effective 2008 and not be effective
2005. Mr. Proctor stated that it was the position of the City that it starts the day it was recorded.
Mr. Figueredo stated that the agreement was not recorded until 2007. There is a provision stating
that a development agreement must be recorded within 20 days after being signed by both parties.
The applicant has not executed the development agreement under two Planning Directors ago.
Then the Planning Director Julian Perez noticed that the agreement has not been signed and made it
a priority to get it executed. .There was back and forth discussion as to when the development
agreement was signed.
Ms. Chael stated that she recalled when the first development agreement was approved there were
various street improvements that the bank agreed to make as well as certain commitments to
incorporate green area. She questioned if those commitments are addressed in the new
Planning Board Meeting
October 28, 2008
Page 4 of 8
development agreement. Mr. Proctor stated he was not aware of those requirements except that
there was s $40,000 commitment to traffic calming and mitigation that was imposed by the City
Commission. That commitment was accepted by the applicant and incorporated into the
development agreement. Ms. Yates stated that page 4 of the development agreement states that the
requirement was removed and replaced with a cash payment.
Mr. Cruz further questioned the execution date of the development agreement. Mr. Soto -Lopez
interjected and stated that he was not here at the time of the execution and that Mr. Cruz was
suggesting that staff had committed fraud. Mr. Cruz requested that the Mr. Soto -Lopez allow him
to finish his statement and noted that he has a lot of respect for the Planning Department. Mr.
Figueredo stated that the once the City Commission approved the development agreement the
agreement is a binding document. At this point if the applicant wants to change the site plan then
the change will require an addendum to the development agreement. Mr. Figueredo further added
that the items will be before the City Commission however it will not be a decision as to whether
the agreement is binding. The City Commission will be charged to vote on an amendment to the
agreement and not whether the agreement is a binding document. Mr. Soto -Lopez stated that as the
Planning Director he would not have allowed such items to fall through the crack. Mr. Papageorge,
architect for the project provided the Board with a detailed architectural and design description of
the First on Sunset Project and its intent.
Mr. Morton stated that he favors the idea of closing of the street. He did however note that the
enclosed street is the only access to parking access off of that street. Mr. Papageorge stated that
half of the street could be closed and would make a nice pedestrian connection from one side of the
arcade to the other. Mr. Morton questioned why a sky bridge was not considered. Mr. Soto -Lopez
stated that there is no provision in the Land Development Code requiring a sky bridge.
W. Cruz questioned if parking on in block "C" cannot be changed to anything else other than a
parking lot. Mr. Proctor stated that any change other than what is being proposed would have to
come back to the Planning Board and City Commission for approval. The property owner has no
plans to develop block "C" to anything else other than parking. To develop block "C" will create a
design challenge. Mr. Papageorge stated that block "C" will be maintained and landscaped to hide
the parking from the sidewalk which will provide better quality than what it is now.
Mr. Proctor stated that block "C" is overflow parking for retail. The residential parking will be
contained in block "A" and block "B." Mr. Soto -Lopez stated that block "C" cannot be developed
with additional residential units if block "A" and `B" are developed to the maximum 106
residential units. Mr. Cruz stated that under those circumstances block "C" should be excluded. Mr.
Soto -Lopez stated that because the applicant is maxed out on the issue of residential units per acre
block "C" cannot be developed. Mr. Proctor noted that if any future owner desires to make any
changes to block "C" he /she must go before the Board for a public hearing. Mr. Proctor also stated
that staff has conditioned that all residential parking must be contained within block "A" and `B"
and he has no problem with that condition.
Ms. Chael observed that the required parking for block "A" and `B" are self sufficient and
therefore block "C" is self standing. It seems that the City's perception that it is always short on
parking. She questioned if the owner would consider having valet parking. Ms. Chael commended
the group for the ability to finally implement a piece of the Hometown Plan. She questioned if the
architect considered included LEED aspects into the project. She noted that the development of the
project with a LEED perspective would be a great example. Ms. Chael recommended that the
landscape plan include shade trees and native landscaping.
Planning Board Meeting
October 28, 2008
Page 5 of 8
Mr. Soto -Lopez stated that from what he has seen during this review process the saddest part is that
there is no bonus for being next to the train station. Essentially the developer is supporting the
entire car dominated mentality which is strange for Chicago people. Mr. Soto -Lopez stated that he
comes from a very progressive urban planning standpoint and parking is the deficient aspect of this
proposal. It is a wonderful architectural proposal and the whole point is that there is a great loss
relevant to the transportation network in terms of bonuses and credits. That is also a deficiency
caused by the City government itself.
Mr. Cruz questioned if the parking will be angled or parallel. Mr. Proctor stated that it will be
parallel parking. Mr. Proctor also noted that SW 73 Street and SW 57 Court are not being relied
upon for credit towards required parking. The total parking of 448 spaces is within the property.
Mr. Cruz questioned if the Planning Department was requiring that the project be LEED certified.
Mr. Papageorge responded that they will come as close as possible to LEED certification. Mr.
Soto -Lopez stated the staff's recommendation was that the applicant should come to LEED
certification as soon as possible.
Mr. Cruz requested that further questions regarding the traffic impact study be addressed by the
engineers. Mr. Garcia, traffic impact study engineer responded to the five concerns that Mr. Cruz
addressed with regards to the traffic study. Mr. Garcia stated that the analysis they provided was
approved and adopted by the County. Mr. Cruz questioned why parking calculations were not
reviewed. Mr. Papageorge stated that many of the traffic engineers that review their project do not
review for zoning compliance with parking relationships. They are simply dealing with the traffic
impact on surrounding the buildings. Mr. Cruz questioned why the total parking count was not
provided to Kimley -Horn. Mr. Soto -Lopez replied that they were given various aspects of parking
for the different uses and that the consultants received the exact spreadsheet that was provided to
the Department. Mr. McWilliams stated that he did not receive the parking total count. Mr. Cruz
questioned if he was happy with what the traffic study contains. Mr. McWilliams stated that he is
comfortable with his conclusion and that it satisfies the City standards.
Ms. Young requested a clarification as to when the plans were revised. Mr. Proctor stated that the
corrected plans were dated October 23, 2008. She then questioned if there were substantial
differences between the July 25, 2008 site plan and the October 23, 2008 site plan that would
warrant the Board's consideration in any way. Mr. Proctor replied that there were no substantial
changes.
Ms. Yates questioned why they would remove the restaurant uses and would the applicant be
required to come back if they decide to include a restaurant. Mr. Proctor stated that they would
have to bring it back or reduce some other aspect of the project in order to add a restaurant. It was
reduced because of the market and what has happened along SW 73 Street.
Chairman Morton opened the Public Hearing.
Name Address Position
Cathy McCann 5820 SW 87 Street Oppose
Ms. McCann thanked Mr. Cruz for the questions regarding the traffic impact study. She requested
that the Board compare the architectural style of the building with the original in 2005. She
requested that they look at the parking on the top floor of the condominiums because it looks as if
they will not be limited to the top floor as the plans indicate. She also referred to the fact that the
development agreement is opened for discussion therefore anything about the project can be
discussed. There is a question about the execution of the development agreement and now instead
Planning Board Meeting
October 28, 2008
Page 6 of 8
of having a 10 year agreement we have a 13 agreement. She hoped that the Board does not make a
decision tonight.
Bob Welsh 7437 SW 64 Court Oppose
Mr. Welsh questioned why anyone would want to build a residential building now considering the
market. There were a lot of people that thought that the Shops of Sunset will not be successful. Neil
Carver was successful with the help of the money behind the Shops of Sunset. A few years later the
Shops of Sunset goes to the tax assessor and says that we cannot fill up the units therefore reduce
the assessments in order to pay less tax to the City. It is in the City's best interest that whatever is
put there will not happen as it happened at the Shops of Sunset. It has to work for the downtown.
Mr. Welsh stated that the bank is presently funding opposition to the Charter for the election. The
bank had to know that thousands of dollars are being spent for the concerned tax payer coalition
campaign against passing the charter amendments for South Miami.
Tucker Gibbs
Mr. Gibbs stated that he represents the bank and was asked to be present specifically to respond to
what Mr. Welsh just spoke about. He stated that on behalf of the bank, the bank is not funding
anything relating to this charter amendment election. He further reminded the Board that they are
charged to deal with a zoning issue and asked them to focus on that.
Sharon McCain Oppose
Ms. McCain asked if Ms. Chael was affiliated with the project. Ms. Chael stated she was not. Ms.
McCain stated she agreed with Ms. McCann in that the former project was a better design. She
opinionated that the current design was not attractive. She stated that she met with Mr. Ricardo
and was provided with a set of plans and advised him that the plans indicate that there is not
enough parking. Mr. Soto -Lopez interjected and stated that his name was Ricardo Soto -Lopez and
not Ricky Ricardo but rather Soto - Lopez. Ms. McCain stated that Mr. Soto -Lopez has been
extremely rude tonight not only to the residents but members of the Planning Board. She
recommended that he think about what he says before he says it publicly. Secondly, after the
meeting there were many changes to the site plan. She is confused with the parking and expressed
that the Board should not rush through the development agreement. Ms. McCain felt that they are
short in parking in block "A." Mr. Proctor stated that they will hire South Miami residents however
that same promise was made for the Red Road Commons project. She referred to page 3 where the
language states that the company may elect to implement the development of the project in one or
more phases. She questioned as to why the City will give them the option of when they will
provide the City with the $232,000 concurrency fee. She recommended that the Board approve that
the project be completed phase by phase and not altogether.
Mr. Soto -Lopez stated that staff stands by the recommendation in the report and Ms. McCain is
confusing the issues as usual.
Ms. McCain stated that Mr. Soto -Lopez has violated the Code of Conduct.
Mr. Morton noted that there is a trigger date for both the $232,000 and the 40,000 dollars.
John Edward Smith 7531 SW 64 Court Favors
Mr. Edward Smith stated that he has been involved with the business community since 1982. The
First National Bank of South Miami has been a fabric of this community for a long time. For years
there has been much speculation as to what will happen with these 2 '/z blocks of prime real estate.
We had an ambitious program brought before the Planning Board and City Commission in 2005.
He commended the architect for the project which he finds very refreshing and certainly an elegant
Planning Board Meeting
October 28, 2008
Page 7 of 8
and upscale structure. There is a great mix of retail office and residential. He likes that SW 73
Street shows a vision of wanting to combine the project and have a very dynamic presence in the
community. He stressed that the retail on the ground level should be required to be opened to at
least 9 pm. He recommended that we need to have shade trees in the community. He noted that
there was a point raised by one of the speakers relative to the bank's participation in the South
Miami Tax Payers Coalition; he advised that the information is false, inaccurate, and it has been
promoted by Mr. Welsh.
Chairman Morton closed the Public Hearing.
Mr. Proctor stated that the changes that are being proposed create less impact on the City, less
parking, less traffic and improved access points. The building height is the same and the number of
units in square footage are also reduced. As you look at the development agreement except for the
phasing aspect, the site plan itself have not changed. The commitment for a traffic mitigation fee
payable at the time of first building permit is unchanged. The payment of the park concurrency fee
at first building permit is also unchanged. We are proposing something that is a reduction in impact
than what was approved in 2005. The owner is maintaining the same commitments for the project.
Mr. Proctor reiterated that if the plans are changed for any reason he must come back before the
Board for approval. We have concerns with regards to the conditions that have been placed by
staff. Under item PB- 08- 032(B), condition number 2 talks about a time table for development's
completion in 24 months. Mr. Proctor requested that it be removed from the provision or suggested
that it be a longer time frame.
Ms. Young stated that a letter dated September 12, 2008 says that 108 residential units are allowed
and on the same page states that 106 units are permitted. She was concerned that the number did
not match. Mr. Proctor replied that staff has determined that using the 24 unit per acre limit only
106 units will be allowed. The survey will be looked at for verification that the project is not above
the 24 units per acre limit.
Mr. Soto -Lopez stated that the 24 month period was really an example and staff found it prudent to
set a limit on construction after a permit is pulled. There must be a prescribed time period for the
completion of the project.
Ms. Young stated that PB- 08- 032(A) shows three phases as supposed to the two original phases.
She then questioned why three phases as opposed to two. Mr. Proctor stated that his client wants to
move more cautiously due to the lending atmosphere, marketing and economic environment. We
want to develop block "A" . and `B" in different phases. Ms. Young stated that she does not
understand the additional need of longevity. Mr. Proctor stated that the ability to study the market
and the ability to have the financing at this moment on one phase at the time is important. He also
stated the longevity is due in part that the City will have the ability to absorb the impact on a more
gradual basis and most importantly the ability to provide all of the required parking on an as you go
basis even while we are under construction.
Motion: Mr. Cruz moved to defer items PB- 08- 032(A) and PB- 08- 032(B) for the next Planning
Board meeting. Ms. Young seconded. The motion failed.
Vote: 2 Ayes 4 Nays (Mr. Morton, Ms. Yates, Mr. Farfan, and Ms. Chael)
Motion: Mr. Farfan moved to approve item PB- 08- 032(A) as presented by staff. Ms. Yates
seconded. The motion was approved.
Vote: 5 Ayes 1 Nay (Ms. Young)
Planning Board Meeting
October 28, 2008
Page 8 of 8
Mr. Youkilis requested that Mr. Proctor look at the date in the Development Agreement for the
revised site plan; he needed to confirm it is correct. He also questioned if Mr. Proctor was ok with
the language that each construction phase shall not exceed a 36 month period. And the
development agreement must be recorded within 30 days of approval by the City Commission.
Mr. Cruz stated if it was possible to modify the language to state that they cannot build on block
"C" Mr. Youkilis advised that the site plan that as approved will have no units and they would have
to come back for approval. Mr. Youkilis advised that it was a precaution that the density is
dependent on all blocks added together. Mr. Morton questioned that if block "C" were combined
with the property to the North would the applicant still have to come back for any change on block
"C." Mr. Youkilis advised that they would have to come back for approval. Mr. Youkilis also
advised that a unity of title can only be broken by the City Commission.
Motion: Mr. Farfan moved to approve item PB- 08- 032(B) with the three amendments made by
staff. Ms. Yates seconded. The motion was adopted.
Vote: 5 Ayes 1 Nay (Ms. Young)