Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
02-20-07 Item 21
South Miami All - America City CITY OF SOUTH MIAMI ' I I I I®r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Director 4-r Date: February 6, 2006 ITEM No Subject: A RESOLUTIOIN 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 MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. The intent of this memorandum is to update you on the status of the subject resolution. During the City Commission Special Meeting, dated January 18, 2007, the Commission instructed the Planning Department staff to work with the Applicant to address the traffic flow issues, curb cut issue (coordinate a meeting with the Florida Department of Transportation – District 6) and the preparation of a development agreement. STATUS REPORT A. Traffic Flow - The Planning Department staff met with the Applicant (January 24, 2007) to address the potential project related traffic flow issues discussed by the Commission. The Planning staff is currently evaluating five preliminary traffic flow alternatives: 1. No action – No development at the site. 2. Original alternative proposed by the Applicant in the initial designs – Traffic will enter and exit the parking area from SW 74th Street and SW 59th Court. There will be no controls to redirect the traffic from the proposed development away from the neighborhood roads. 3. Convert SW 74th Street into a one -way road – The intent of this alternative is to use SW 74th Street and SW 61St Avenue as -the main roadways to direct the traffic exiting the proposed development into US 1. 4. Direct Project Traffic to SW 74th Street: and SW 61St Avenue - The intent of this alternative is to guide all the traffic exiting the proposed development into SW 74th Street and SW 61St Avenue while keeping SW 74th Street a two -way road. The traffic will be guided into US 1 by a series of signs and turning structure to be constructed at the parking garage access points; intersection of SW 59t Court and SW 74th Street; and intersection of SW 74th Street and SW 61St Avenue. 5. Direct Project Traffic to SW 74th Street:, SW 61 st Avenue and SW 76th Street — The intent of this alternative is to direct the proposed project traffic to the intersection of US 1 and SW 62nd Avenue (traffic light). This alternative may require traffic calming on the intersection of SW 76th Street and SW 61St Avenue. This potential route will limit the amount of project related traffic using SW 73rd Street (traffic light) and SW 61St Avenue (stop sign) as a connecting road to US 1 (southern direction). This route mayaalso be used by area residents working in either the office or retail use of the project. The Planning staff has requested a meeting with the Traffic Consultant (David Plummer and Associates) to review the results of the initial traffic survey and potential traffic flow alternatives. The intent of this meeting is to address the Commissioners concern regarding the traffic survey methodology and results. The Applicant is responsible for coordinating this meeting. B. Curb Cut Issue - The Planning Department staff (including the Applicant and Project Architect) met with the Florida Department of Transportation District Six staff (Ali AI -Said, P.E. District Permit Engineer and Ali Khalilahmadi, P.E., PTOE Assistant District Permit Engineer) on January 24, 2007 to discuss the FDOT curb cut requirements for US 1. Prior to starting the meeting, the Planning staff presented a letter from the City to FDOT requesting guidance on the Department curb cut requirements for US 'I (Attachment A). A response was received on January 29, 2007 (Attachment B). The FDOT staff indicated that the "Access Management Handbook "Spacing Standards" Class 5 requires a minimum distance of 245 feet between two access points (curb cut). If the Applicant has less than 245 feet between the two access points then the FDOT will require the Applicant to file a variance application. The variance application will be evaluated by an in -house committee. C. Development Agreement - The Applicant legal council submitted a draft development agreement on January 25, 2007. The Planning staff is currently reviewing the draft agreement. Thereafter, the Planning staff will coordinate an in -house meeting with Public Works and legal council (February 2, 2007) to review the draft agreement. The comments from the in -house meeting will be transmitted to the Applicant. 'The Applicant will be afforded at least one meeting with staff to review the comments, if necessary. Attached for your review is a status progress report matrix which provides an update on each of the Commissioners' recommendations from the January 18th 2007 Special Meeting (Attachment C). REQUEST The Planning Department is requesting a deferral of this item until the next City Commission meeting scheduled for February 20, 2007. We would like to have this deferral so that enough time is afforded to the review and negotiation of the development agreement. Enclosed is a letter from the Applicant agreeing to this request (Attachment D). JP /JP PAComm Items\2007\2 -6 -07 \5800 5966 South Dixie Hwy Report to Manager.doc A,TTA( -HMENT A =� .0 January 24, 2007 Mr. Ali Khalilahmadi Assistant District Permit Engineer FDOT- District 6 1000 NW 111 Avenue Miami, Florida 33172 PLANNING DEPARTMENT CITY OF SOUTH MIAMI South Miami 6130 SUNSET DRIVE F l o r i d a SOUTH MIAMI, FL 33143 Tel: 305- 663 -6326 All•Am11Cst CHI Fax: 305-668-7356 f 2001 Re: 5966 & 5970 South Dixie Highway -- Request for Determination Dear Mr. Khalilahmadi: The purpose of this correspondence is to follow -up on our telephone conference of January 19, 2007 regarding the Florida Department of Transportation (FDOT) curb cut requirements for US 1, As mentioned, the City of South Miami is requesting the FDOT — District 6 to provide guidance on whether a curb cut will be permitted along US 1 to facilitate egress and ingress into the referenced property. A map depicting the location of the proposed property is provided in Attachment A. The City of South Miami is currently reviewing a proposed mixed use development for the subject property (See: Attachment B). The proposed development is a four (4) story structure containing retail spaces on the ground floor, office spaces in the upper two floors and a parking garage. A portion of the proposed development will front US 1 as well as SW 74"' Street and SW 59 Court. In reviewing the site plan, the proposed development shows dual access to the parking area from SW 74th Street and SW 591h Court. The City Commission has expressed concern with the proposed access locations to the parking area (SW 74th Street and SW 59th Court) and its impacts on neighborhood roads. As a result, the City Commission has recommended US 1 as an alternative access location to the parking area, if FDOT regulations would permit a curb cut along US 1 at this location. In order for this recommendation to be considered, the City of South Miami needs a written determination from FDOT — District 6 stating that existing regulations would allow a curb cut along US 1 at this location. We respectably request a formal response by no later than February 5, 2007 since this item will be considered by the City Commission on February 6, 2007. If you have any questions please do not hesitate to call me at 305- 663 -6327. Thank you in advance for your assistance. Sinc , 4 ;J1 erez Planning Director City of South Miami JHP /SAY EAZoning Letters\ 966 & 5970 S. Dixie Highway.doc ATTACHMENT A City of South Miami PB -06 -032 Hometown Special Exceptions - Lot Coverage, Building Square Footage, Curb Cuts 5966 -70 S. Dixie Highway . S8 8 1 of n rn m 6900 h°'ry 0 CD d� rn s8 N to ..t < N c All CO ID fD to b BB 821 0 7000 m 7020 0 ti W °n 704D U 9 0 o � 0 J m a lost r SW 71ST ST 7001 0 cm m LO 7019 0 LO Z cad ''' 7090 7171 ° Q w 1A 0 o � 0 J 0 N CO W Q I- 0) 4n U) 6150 7606 0 0 0 7601 o° o o f601 76Dp 7600 to to 0 7615 7616 7621 7621 5864 7621 7620 7621 7620 637 7620 7620 0 300 600 900 1,200 1,500 Feet 5890 m a lost r SW 71ST ST 5800 7515 h� n Z cad ''' 7090 7171 ° Q w 1A co S 7532 7563 C/) �L'P- ED N ca � 7548 �QV h� LO N 7611 6107 "� �OV o ^q co n er a� n (n SW 72ND ST SUNSET DR y� 89 6110 0 6180 5yb to 90 rn o to Lo , n o - 5800 00 10 .- 0 A6 7230 m 5859 5829 o 6g ro $� W 73RD ST r iD 7311 7340 5940 7331 5824 m o 0 7311 S U BJ CT 7321 0 s8s 0 PROPE 5901 . 6022 6040 tea° -] `�� 5950 H 74TH 5875 - I _ - 5801 0 N CO W Q I- 0) 4n U) 6150 7606 0 0 0 7601 o° o o f601 76Dp 7600 to to 0 7615 7616 7621 7621 5864 7621 7620 7621 7620 637 7620 7620 0 300 600 900 1,200 1,500 Feet 5890 m a 5800 7515 7500 75'41 tc = co to 7532 7563 7548 7611 5862 7610 ATTACHMENT B awx co C J <_0n L l �1 '< 1 x m = C r- n �z o n 1! J S.W. 591h PL fn J S- N y m z m � z s� aev:oe c a s rz e e �T` U i�V CG IIiPi4i�j 0 OIOCU:IfR POPD, S01'f E60, Mr4E!�O LtI,NON:OR iNI fFL:j52]3.]+Mf.R aoe zali�zR ee.!vnaTeleu.rM4«�...svnm gi s ki R�� Fe R TI-I 'ME091 R € s '291 m D ng " li v 0 We PR �� � b Z _ rill �� R s� aev:oe c a s rz e e �T` U i�V CG IIiPi4i�j 0 OIOCU:IfR POPD, S01'f E60, Mr4E!�O LtI,NON:OR iNI fFL:j52]3.]+Mf.R aoe zali�zR ee.!vnaTeleu.rM4«�...svnm gi s ki R�� Fe R TI-I RR§) §RPIA' :§ )E§ §; !,RiH y2�. . ®�§ ° |;| ;� � §) }} / }( '�■ ;�� E(m ;!» ATTACHMENT B Florida Department of Transportation STEPHANIE KOPELOUSOS INTERIM SECRETARY CHARLIE CRIST District 6 Permit Office GOVERNOR 1000 N.W. 11 1 Avenue, Room 6207 Miami, Florida 33172 -5800 Telephone (305)470 -5367, Fax (305)470 -5443 January 24, 2007 Julian H. Perez, Planning Director City of South Miami 6130 Sunset Dr. South Miami, FL 33143 SUBJECT: Wednesday, January 24, 2007 pre - application meeting for 5966 & 5970 Blocks on South Dixie Hwy, SR -5, Section 87030 Dear Mr. Perez, This is to acknowledge the outcome of the subject meeting as follow, Based on the "FDOT Access Management" classification criteria, US -1 is a class 5 facility within the vicinity of the mentioned Blocks. This classification requires a minimum distance of 245' between two access points. That, if the developer wishes to pursue the proposed plans, must apply for a special permit application to close the existing driveway on US -1, a drainage permit application and potentially a utility permit application. The initial processing of the permit may take up to 30 days, in which this office will inform the applicant of any required additional information. Should you have any question regarding this letter, please feel free to contact at (305) 470 -5367. Sincerely, Ali Khalilahmadi, P.E., PTOE. District Assistant Permits Engineer cc: Ali Al -Said, P.E. Section File (87030) ATTA(:HMENT C o) to m n m m Now 0 C 03 to N10 =•� N pj amm3, z3 m 0 MC X d N 3 o ao--+ m m 0 v c _�0 Fr m a m'� m ' "Ps - n N v o9 m 3 aH o as m ^ y _ o F - 5 5- r) 3 3 3 3 3 0 O x v N Ix 1 V n yr o _ = v D s � v O z D z D 0 y �m Q£S »�amga mgv Fr ism o-'s`. Js oTdm ,- a3m yT �m =m mapT ° -m la £m�nl°o33 =3 ��•20� �j 6- °o_ ��m m 0 �: �H d C O O S. im m8m >> oy o m - -m 3 ° _ m -m �m � v 1 Er �g So 3 ➢S`a6�3OC3 n'°y£ ml 38 T'v »�� =mo=n -� ^v o m•2 m.2�o u o Z R m a mo �..�m n =.�o FZ a�T 3 m.2 c yOm301'y 3� o `-° 2➢ 3 m c =➢ m 3 m O y T 3 H � ° - D m �a - D ° 3 D ° m D ?➢ -➢ v_ A _ m D�`Dc.° of vm o c � ° v° o o£ a' - - m y A m 2 - - °c-' £ N . ➢ u - m 2 n ym�°s0 Inc mm�� go a m 3� `- V3u`, £ m oa 3 Om om 10O mod Son a� - 'o� m15 O o - - °m aim o 3 7oR -Z m m "• 3 T o 0 v a m o) to m n m m Now 0 C 03 to N10 =•� N pj amm3, z3 m 0 MC X d N co m N d id -On V C O �m�•c O s m m 9 n C • 73 a � � b w 3 CL N 3 0 R a° 3 o C 3 3 `3 "3 3 3 93 3 3 3 3 3 3 3 3 3 3 0 O v N m 9 � n nr d � n - n $X O m @mmo daf_N�m ma 4 F= =a �m -' 8a Sm n3 PH - S R NO mad sf $ _ g -� No °£m 3pmF.ma ? t y trod: s m _ c c m 3 - = 0 9 02 _ 3 3 = n 3 m ° 0 3 S tg - w66.� ° R 1 z :� gz3so'z m Soon- ong_- _ 'm �03''om° oNmm� °E< 8 "830= m3n - em ^a s �oa� H9 RL 2f P m ? 0 a c g a g m = 3 ,a e m N °. °m '° _ m3m �m�mmfD i fig Be "° 3�- o c.m= _ - m= �;b� s �D T. jm 0l^3 nnom�mm m m mm�p3(/�o3 N OR c a.g nDmS- El 3 -n n n n RL _mom m co m N d id -On V C O �m�•c O s m m 9 n C • 73 a � � b w 3 CL N (a U) ,n CO) o 0- to ;K /\0 \ -- !} . .. R 03 - ! me ) { { { {k \// ``•;z ,� \ /� \ \ \} \ \ \ \\ \ I }i / } |■ �k -\ {�) §} -{ FL/\ } }\ EF \� k[ ur (a U) ,n CO) o 0- to ;K /\0 ATTACHMENT D 64 DEVELOPMENT CORP. January 30, 2007 Julian Perez Director of Planning City of South Miami RE: 5966 -5970 South Dixie Highway Dear Mr. Perez As per our conversation, I will accept a deferral to the continuance of the City Commission hearing for my property referenced above. I do appreciate all your efforts in trying to resolve the outstanding issues, but this application for the special exceptions has been submitted since October 2006 with the first hearing originally to be held on November 14, 2006. My application was complete upon its submittal and I have been cooperating to every other request by the City in a very timely manner. I simply ask that with this additional deferral to the next hearing date of February 20, 2007, all information, research and due diligence be completed in order for all the City's departments, commissioners and the Mayor be ready to make a well informed decision. I also request that this item be placed in the beginning of the agenda for that meeting. I am also attaching a summary report completed by David Plummer and Associates. This gives a brief overview to the original traffic study submitted. If you have any questions or need to meet with the engineers, please let me know. Thank you again for your cooperation. Sincerely, Marcelo Fernandes Marcelo Fernandes Vice President 4311 PONCE DE LEON BLVD. CORAL GABLES, FL • 33146 PHONE: 305 -663 -1293 FAX: 305 -665 -0272 WEB SITE: OXFORDUNIVERSAL.COM 5966 SOUTH DIXIE HWY TRAFFIC IMPACT STUDY SUMMARY #06253 1.0 INTRODUCTION 1.1 Project Background • Location - 5966 South Dixie Highway in South Miami, Florida. • Existing use - currently vacant. • Proposed Project • 38,000 square feet (sf) of office • 9,000 gross leasable sf of retail space. • Project buildout is anticipated in 2008. 1.2 Study Area and Methodology - The intersections and segment analyzed were selected by the City of S. Miami • South Dixie Highway (US -1) / SW 73 Street (intersection) • SW 73 Street / SW 59 Court (intersection), • SW 74 Street (segment) 1.3 Project Site Information. • Access to and from the proposed site will be accommodated on SW 59 Court and SW 74 Street. • The driveway on SW 59 Court provides more direct access from South Dixie Highway (US -1). • This helps to minimize commercial traffic from using neighborhood streets. 2.0 EXISITNG TRAFFIC CONDITIONS 2.1 Roadway Characteristics were collected on South Dixie Highway, SW 74 Street, and SW 59 Court. 2.2 Traffic Counts — • Peak hour vehicle turning movement counts were collected at the two intersections during the morning (7 — 9 AM) and afternoon (4 — 6 PM) peak periods. • Twenty -four hour machine counts were collected on the segment. 2.3 Intersection Data • Existing signal timing data was obtained from Miami -Dade County • A field survey was conducted for intersection lane configurations. 2.4 LOS Analysis (Level of Service descriptions are attached) • Intersection analysis was based on The Highway Capacity Software (HCS), based on procedures of the 2000 Highway Capacity Manual. • Segment analysis was conducted based on published Florida Department of Transportation Generalized LOS Tables. Existing Weekday Intersection and Segment LOS Analysis Intersection /Segment Signalized/ Unsignalized Level of Service AM PM South Dixie Highway (US -1) / SW 73 Street: S B C SW 73 Street / SW 59 Court' U A/B A/B SW 74 Streee Segment C C LOS for major /minor Street approach. Source: David Plummer & Associates ZBased on FDOT Generalized LOS Tables, 2002. 3.0 FUTURE TRAFFIC CONDITIONS 3.1 Background Traffic on the roadways just prior to the project completion was estimated by applying an annual growth rate to the traffic counts collected. The growth rate was based on historic volumes published by the Florida Department of Transportation. 3.2 Future without Project LOS Analysis was conducted for the intersections and segment using the volumes calculated for background traffic. 3.3 The traffic produced by the project is estimated based on the Institute of Transportation Engineers established methods. Project trip generation results in: • 86 total net new project trips during the morning peak hour • 76 entering • 10 exiting • 138 total net new project trips during the afternoon peak hour • 28 entering • 110 exiting 3.4 Project traffic was distributed and assigned to the study intersections and segment and driveways using methods established by Miami Dade County. Consideration was given to conditions such as the roadway network accessed by the project traffic, roadways available to travel in the desired direction, and attractiveness of traveling on a specific roadway. 3.5 Future with Project LOS Analysis was conducted for the intersections using the project traffic combined with the calculated background traffic. Levels of Service analysis results for both future conditions are summarized in the following table. Future Weekday Peak Hour Intersection and Segment LOS Analysis Intersection /Segment Signalized / lUnsignalized Without Project With Project AM PM AM PM South Dixie Highway (US -1) / SW 73 Street S C C C C SW 73 Street / SW 59 Court' U AB AB AB AB SW 74 Streee Segment C C C C `LOS for major /minor street approach. Source: David Plummer & Associates zBased on FDOT Generalized LOS Tables, 2002 4.0 CONCLUSIONS 4.1 The intersection capacity analysis was performed at the intersections under study using vehicular volumes and the Highway Capacity Software (HCS), based on the procedures of the 2000 Highway Capacity Manual. Results of the future intersection analysis show that the intersections operate at acceptable levels of service during both the morning and afternoon peak hours. The analyzed segment has sufficient capacity for future volumes. 4.2 The City of South Miami has established a South Miami Hometown District Regulating Plan which designates the placement of driveways. The proposed driveway on SW 59 Court will provide a more direct access from South Dixie Highway (US -1), which helps to minimize commercial traffic from using neighborhood streets. Level of Service Description (General) LOS A describes primarily free -flow operations at average travel speeds. Vehicles are completely unimpeded in their ability to maneuver within the traffic stream. Control delay at signalized intersections is minimal. LOS B describes reasonable unimpeded operations at average travel speeds. The ability to maneuver within the traffic stream is only slightly restricted, and control delays at signalized intersections are not significant. LOS C describes stable operations; however, ability to maneuver and change lanes in mid -block locations may be more restricted than at LOS B, and longer queues, adverse signal coordination, or both may contribute to lower average travel speed. LOS D borders on a range in which small increases in flow may cause substantial increases in delay and decreases in travel speed. LOS D may be due to adverse signal progression, inappropriate signal timings, high volumes, or a combination of these factors. LOS E is characterized by significant delays. Such operations are caused by a combination of adverse progression, high signal density, high volumes, extensive delays at critical intersections, and inappropriate signal timing. LOS F is characterized by urban street flow at extremely low speeds. Intersection congestion is likely at critical signalized locations, with high delays, high volumes, and extensive queuing. South Miami All- AmericaCh I r - CITY OF SOUTH MIAMI 1111. INCORPORATED 1927 a OFFICE OF THE CITY MANAGER ° Rj9 INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Dire Date: January 18, 2006 ITEM No Subject: 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 MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIA.LITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.1013, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Background: The applicant, 64 Development Corporation, is requesting approval to construct a mixed use building on property in the SR(HD -OV) zoning district. The vacant site contains 31,523 square feet and has sides facing three streets. The project proposed will be a mixed use (office /retail) four story building with an integrated parking structure. There will be 38,233 square feet of commercial office and 11,052 square feet of retail space. The parking areas will contain more than the minimum required 191 parking spaces. The applicant is requesting three special exceptions to modify regulations pertaining to lot coverage, building size, and location of curb cuts. Special exceptions requested: Lot Coverage The applicant is requesting a waiver to allow a lot coverage of 26,833 square feet which is 85% of the total site. The Hometown Overlay District `s :regulating graphic plan (Sec.20 -7.9B) limits lot coverage to 60% on S. Dixie Highway and 50% on SW 74"' Street. Maximum Sq.Ft. Per Building: The applicant's proposed structure contains 50,163 square feet of floor area and a ground floor of 26,833 square feet which exceeds Hometown Plan's 20,000 square feet maximum. Location of curb cut. The applicant's proposal shows dual access to the parking area from SW 74th Street and from SW 59"'Court. The parking provisions contained in the Hometown Overlay District regulating graphic plan (Sec.20 -7.11) mandate the location of curb cuts. The plan shows a permitted curb cut on SW 74`' Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The applicant's third special exception is to permit the SW 59th Court curb cut. The granting of special exceptions require a finding by the City that seven criteria are applicable to the project. (Sec.20- 7.51). The Planning Department has compared the project to each of the seven criteria listed in the LDC, and has determined that the proposed development advances the economic development of the City and is 2 compatible with land use, density, and design criteria established for the Hometown District. Based upon this review the Planning Department determined that the proposed development supports the granting of special exceptions. Traffic Report: The applicant contracted with a consultant to prepare a traffic impact analysis for consideration prior to approval of the special exception. Attached is a copy of the study ( "5966 S. Dixie Highway-Traffic Impact Study ") carried out by David Plummer & Associates. The report concludes on p.16 that all roadways adjacent to the project were found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is sufficient capacity for future volumes. The study also confirms that the driveway entrance to the parking levels off of SW 59"' Court will help minimize traffic from using neighborhood streets. Planning Board Action: The Planning Board at its November 29, 2006 meeting, after public hearing, adopted a motion by a vote of 4 ayes 2 nays (Ms. Beckman, Ms. Young) recommending approval with conditions of the special exception request. Recommendation: It is recommended that the City Commission approve the three requested special exceptions for 5966 -70 S. Dixie Highway with the following conditions: (1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program. (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. (3) The applicant provides additional landscaping on the S. Dixie Highway side if permitted by the Florida Department of Transportation. Backup Documentation: Draft Resolution Planning Department Staff Report 11/29/06 Planning Board Meeting Excerpt 11/29/06 Survey/ Plans Traffic Impact Study Public Notices JP /SAY P:\Comm Items\2007 \1- 18- 07 \PB -06 -032 Spec Excep 5966 S Dixie CM Report.doc RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE 5 LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE 6 DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN 7 DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO 8 SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE 9 OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE 10 ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th 11 STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING 12 SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED 13 ON SW 591h COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT 14 REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH 15 DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 16 CONFLICT; AND PROVIDING AN EFFIECTIVE DATE 17 18 19 WHEREAS, the 64 Development Corporation has submitted Application No. PB -06 -033 requesting 20 approval for three special exceptions necessary to construct a mixed use (office / retail) four story building 21 on property located at 5966 -70 S. Dixie Highway within the SR(HD -OV) zoning district, said project to 22 include 38,233 square feet of commercial office and 11,052 square feet of retail space and a total of 198 23 parking spaces; and 24 25 WHEREAS, the applicant is requesting special exceptions for lot coverage, maximum building 26 square footage, and curb cuts; and 27 28 WHEREAS, a special exception request in the Hometown Overlay District requires the Planning 29 Board's recommendation and approval by the City Commission; and 30 31 WHEREAS, after review and consideration, the Planning Department recommended approval 32 of the application with conditions; and 33 34 WHEREAS, at its November 29, 2006 meeting the Planning Board after public hearing 35 voted 4 ayes 2 nays to recommend approval of the special exceptions with specific conditions; and 36 37 WHEREAS, the City Commission desires to accept the recommendation of the Planning 38 Board and enact the aforesaid resolution. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 41 THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. That the proposed construction of a mixed use (office / retail) four story building on 44 property located at 5966 -70 S. Dixie Highway advances the economic development of the City and is 45 compatible with land use, density, and design criteria established for the Hometown District, as set forth 46 in LDC Sec.20 -7.51, which includes seven criteria necessary for approving special exceptions: 47 48 (1) The proposed development contributes to, promotes and encourages the improvement of the 49 Hometown District and catalyzes other development as envisioned in the Hometown 50 District regulations. 51 52 53 1 2 (2) 4 (2) The proposed development is compatible with the land uses and development intensities 5 prescribed by all applicable city regulations. 6 7 (3) The proposed development must possess integrity of design compatible with the design 8 criteria established for the Hometown District and with the overall image of the city. 9 10 (4) The proposed development shall be designed in a manner that provides for effective 11 management of traffic (vehicular and pedestrian), parking, lighting, noise and waste 12 generated by the development, and management of the impacts of the development public 13 facilities and services. 14 15 (5) The proposed development does not expand the permitted uses within the Hometown 16 District. 17 18 (6) The proposed development will not have an unfavorable effect on the economy of the City 19 of South Miami. 20 21 (7) The proposed development, when considered cumulatively with other development, both 22 present and future, within the Hometown District, will not create excessive overcrowding or 23 concentration of people or population. 24 25 Section 2. That the subject application requesting a special exception to allow an overall lot coverage of 26 85% of the total site which exceeds the lot coverage of 60% on S. Dixie Highway and thee 50% on SW 74 27 Street as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.9) is hereby 28 approved subject to conditions set forth in Section 5 below. 29 30 Section 3. That the subject application requesting a special exception to allow the placement of a curb 31 cut/ driveway to be located on the SW 59th Court side of the building which location is not designated on the 32 Hometown Overlay District Regulating Graphic plan (Sec.20 -7.11) is hereby approved subject to 33 conditions set forth in Section 5 below. 34 35 Section 4. That the subject application requesting a special exception to allow the building area to exceed 36 the Hometown Overlay District regulating graphic plan (Sec.20 -7.9; 20 -7.11) which limits ground floor 37 building square footage to 20, 000 sq. ft. is hereby approved subject to conditions set forth in Section 5 38 below. 39 40 Section 5 . The special exceptions set forth above as requested are approved subject to the following 41 conditions: 42 43 (1) The applicant must agree that all street, sidewalk and street furniture improvements must be 44 consistent with the design and material specifications as set forth by the City in its downtown 45 street improvement program. 46 (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the 47 specific design of the building and site plan submitted as part of this application, identified as 48 "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. 49 50 51 52 53 1 2 4 (3) 5 6 Section 6. This resolution shall be effective immediately after the adoption hereof. 7 8 9 'PASSED AND ADOPTED this , day of 10 11 12 13 ATTEST: 14 15 16 _ 17 CITY CLERK 18 19 20 READ AND APPROVED AS TO FORM: 21 22 23 24 25 CITY ATTORNEY 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 )2007. APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner Birts Commissioner Beckman: To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis / Acting Planning Director PR -06 -032 South Miami - -- - All- AmericaCily -- 2001 Date: November 29, 2006 Re: Special Exception Request SR(HD -OV) Hometown Overlay 5966 -70 S. Dixie Highway Applicant: 64 Development Corp. Location: 5966 -70 South Dixie Highway 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 MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE- MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74`h STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, 64 Corporation, is requesting approval to construct a mixed use building on property in the SR(HD -OV) zoning district. The vacant site contains 31,523 square feet and has sides facing three streets. The project proposed will be a mixed use (office / retail) four story building with an integrated parking structure. There will be 38,233 square feet of commercial office and 11,052 square feet of retail space. The parking areas will contain more than the minimum required 191 parking spaces. The applicant is requesting three special exceptions to modify regulations pertaining to lot coverage, building size, and location of curb cuts. APPLICABLE REGULATIONS The special exception section in the Hometown Overlay District regulations (Sec.20 -7.51) allows for the City Commission to waive compliance with any of the requirements or standards in the chapter upon a finding that the proposed development complies with and implements seven economic and design objectives of the Hometown Overlay zone. These objectives are spelled out in the "Special Exception" section, which is attached. LDC Special Exception November 29, 2006 Page 2 of 4 The procedure for approving special exceptions requires a public hearing before the Planning Board and then a second public hearing before the City Commission. Both newspaper notice and mail notices are required. This process is spelled out in Sec, 20 -7.52, "Procedure for special exception ", which is attached. REQUESTED SPECIAL EXCEPTIONS Lot Coverage The applicant is requesting a waiver to allow a lot coverage of 26,833 square feet which is 85% of the total site. The Hometown Overlay District `s regulating graphic plan (Sec.20 -7.9B) limits lot coverage to 60% on S. Dixie Highway and 501,/0 on SW 70' Street. Maximum Sq.Ft. Per Building: The applicant's proposed structure contains 50,163 square feet with a ground floor area coverage of 26,833 sq.ft. which exceeds Hometown Plan's 20,000 square feet maximum. Location of curb cut. The applicant's proposal shows dual access to the parking area from SW 74th Street and from SW 59th Court. The parking provisions contained in the Hometown Overlay District regulating graphic plan (Sec.20 -7.11) mandate the location of curb cuts. The plan shows a permitted curb cut on SW 74th Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The applicant's third special exception is to permit the SW 59th Court curb cut. STAFF OBSERVATIONS • The proposed development incorporating two major land uses is consistent with the objectives of the Hometown Overlay District Mixed Use standards specified in LDC See.20- 7.2(E). • The proposed development is consistent with the specifications set forth in LDC Sec. 20- 7.2(D): a height limit of 4 stories (56 feet); a non- residential floor area ratio of 1.59 ( maximum FAR permitted is 1.6); the retail ground floor area is more than the minimum 20% of the gross floor area. The special exception for the proposed curb cut for the vehicle entrance on SW 59th Court is an appropriate request because it will become the only entrance and exit for vehicles to the upper or lower floors of the parking garage. The SW 74th Street entrance will be for parking on the first floor only (29 spaces); there will be no access to the other levels of the garage. This will limit the number of vehicles entering and leaving the parking areas from SW 74th Street which is residential on the south side. • The Hometown Overlay District regulating graphic plan (Sec.20 -7.8 and Sec. 20 -7.10) mandates that lot coverage may not exceed the 60 % on S. Dixie Highway properties and 50% lot coverage on SW 70' Street properties. The special exception request is to allow an 85% overall lot coverage. This is a result of a building design which incorporates the required parking as an internal garage. The Zoning Task Force and the Planning Board have both recognized that the lot coverage issue is a deterrent to unified development projects and have included in the revised Land Development Code draft a provision increasing the Hometown Overlay District Regulating Plan lot coverage to "....80% maximum, ifgqLa.ge construction provides all required parking', • The Hometown Overlay District regulating graphic plan (Sec.20 -7.7 -Sec. 20 -7.11) mandates that all buildings be limited to 20,000 square feet. This concept to encourage a number of small buildings on each block runs counter to today's development patterns and construction costs and is a deterrent to multi -level mixed use development, a major objective of the Hometown Plan. The applicant's request for a special exception / waiver of the 20,000 square foot building size is appropriate. • The granting of special exceptions require a finding by the City that the below listed seven conditions LDC Special Exception November 29, 2006 Page 3 of 4 are applicable to the project. (Sec.20- 7.51): (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. The applicant, in a letter dated October 9, 2006 (Compliance Criteria), provides their analysis as to how the proposed project complies with the City's special exception criteria. The Planning Department has compared the project to each of the seven criteria listed in the LDC, and has determined that the proposed development advances the economic development of the City and is compatible with land use, density, and design criteria established for the Hometown District. Based upon this review the Planning Department finds that the proposed development supports the granting of special exceptions. TRAFFIC ANALYSIS Staff was concerned about the impact of traffic on the streets which contain exits and entrances to the development. The applicant contracted with a consultant to prepare a traffic impact analysis for consideration prior, to approval of the special exception. Attached is a copy of the study ( "5966 S. Dixie Highway- Traffic Inipact Study") carried out by David Plummer & Associates. The report concludes on p.16 that all roadways adjacent to the project were found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is sufficient capacity for future volumes. The study also confirms that the driveway entrance to the parking levels off of SW W" Court will help minimize traffic from using neighborhood streets. RECOMMENDATION It is recommended that the Planning Board approve the all three of the requested special exceptions for 5966 -70 S. Dixie Highway with the following conditions: (1) The applicant must agree that all street, sidewalk and street furniture improvements must be LDC Special Exception November 29, 2006 Page 4 of 4 consistent with the design and material specifications as set forth by the City in its downtown street improvement program. (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. Attachments: Application / location Map Applicant's Letter on Hardship Applicant's Letter on Compliance with Criteria Survey/ Plans LDC Sec. 20- 7.51/.52 Traffic Impact Study Copies of Public Notices SAY P:\PB \PB Agendas Staff Reports\2006 Agendas Staff Reports \11- 29- 06 \PB -06 -032 Special Excep 5966 S Dixie.doc City of South Miami PB -06 -032 Hometown Special Exceptions - Lot Coverage, Building Square Footage, Curb Cuts 5966 -70 S. Dixie Highway a N 1- 0 1 7000 v 7020 0o ci �° w or 7040 Q 7109 p 7051 r 7090 C. u Cn z 71/0 r� 7171 G h- W o � n C4 {per 6101 V SW 72ND ST 0 6180 0 o � r N r In fD 7311 7340 SUBJECT PROPE 6900 CIA/ ~ 7001 In n' �r 0 o o o r v o m n c o o T- tD tO f0 fD �p t0 7 C N 74TH TER 7410 1- 0 1 7000 v 7020 0o ci �° w or 7040 Q 7109 p 7051 r 7090 C. u Cn z 71/0 r� 7171 G h- W o � n C4 {per 6101 V SW 72ND ST 0 6180 0 o � r N r In fD 7311 7340 SUBJECT PROPE 6900 CIA/ y� uo ° a SW 71ST ST = H LO o f to U) I U) n rn N SUNSET DR 6110 595% 00 6022 �O 5940 ° 7311 0 '7321 rCO '•Y• �r1.1 / o I V N W In ro In In 89 0 0 m� m In 5800 N In 5659 10 5829 W 73RD ST 5824 0 0 7331 Sed O 74TH 5 o° ~ 7001 In n' �r 0 o o o r 7019 m n in u� o m 5875 y� uo ° a SW 71ST ST = H LO o f to U) I U) n rn N SUNSET DR 6110 595% 00 6022 �O 5940 ° 7311 0 '7321 rCO '•Y• �r1.1 / o I V N W In ro In In 89 0 0 m� m In 5800 N In 5659 10 5829 W 73RD ST 5824 0 0 7331 Sed O 74TH 5 o° ~ 5950 5901 5875 N 5801 7420 w SW 74TH TER 7410 0 Gj F' 7440 4 = 5890 5800 a I-- 6 ^5 7500 LO LO � 6 7511 1540 � � 7515 7500 7515 7520 U) Cl) 7540 (� 7541 7530 7520 7535 o 7541 7532 7575 6101 7541 °m 5991 m rn in N N rn rn w In rn rn an �n 7563 In In m N 7548 C14 SW 7 C" 7601 7611 5862 7610 6150 7606 0 0 o 0 rn 0 7601 7600 7600 7615 7616 CID CO 0 7621 7621 5864 7620 =jrrr ft- 7621 7620 7621 7'620 7637 7620 0 300 600 900 1,200 1,500 Feet Oct 02 06 10:04a Mateu Architecture 3052333326 p.7 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 ddress of Subject Property: Lot(s) Block Subdivision act�cr( `q -7D �c >k �+4,, �; r,e vk�1 wc,y Pe _ eets & Bounds: pplicant ( Phone: I-1 7yel�l�Y��e.r�+ Lu�� ?cos -As Uc Bpresentative Organization. i%1 C4 j_C eI c7 fdress: 7_ a9 ')31�Phone: JCS —L-C LC I2-5'1 operly Owner. Signature: UC- 17evC_ iC-)Pr�ufLf C-L)(;0. ICti 1� I ���� Phone: (� °� Lc ? _ 1 2 G/ Phone: AS THE APPLICANT, PLEASE INDICATE Y0 RELATIONSHIP TO THIS PROJECT. _Owner _Owner's Representative VContractto purchase _Option to purchase Tenant/Lessee APPL.1CxnoN IS HEREBY MADE FOR THE FOLLOWING: EPLEASE L i7TED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: CHECK ALL THAT AP;:—] —Text Amendment to LDC _variance etter of intent ,_,_Zoning Map Amendment Special Use stifiraiions ftrr change -- PitD Approval •� , Peclal Exception C�o c s ip _ PUD Major Change Other f of ownersF�ip or !offer owner 8riefty explain application and cite specific Code se ax- XIS: Subsection: Page #. Amended Date: ?Cun enI survey (1 original seated and signed/1 reduced copy @ 11" x 17 ") _,'IS copies of Site Plan and Floor Plans a reduced copy Q 19" x 17" % Property owner signatures Mailing labels (3 sets) and map ..L/- Mailing Fee(s) The undo ed has read this comppl�eted a lication and represents that the information and all submitted materials are hne and correct to bel of the applicant's dowledg and belief. and title 1!) lc Q-j Date ips, aapplications and all submitted materials will be reviewed for compliance with the Land Development Code and other m regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2!00 l 64 DEVELOPMENT CORPORATION October 9, 2006 Mr. Sanford Youkilis City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 5966 & 5970 South Dixie Highway - Letter of Intent Dear Mr. Youkilis, Please accept this letter of intent for the proposed new development located at the site referenced above. The entire site consists of 5966 and 5970 South Dixie Highway totaling 31,975 square feet of land. We are proposing a 4 story structure that will contain retail space on the ground floor, office spaces in the upper two floors and a parking garage consisting of spaces in the basement, 2 "d and 31d levels. The total proposed FAR for the project is 50,163 where 50,436 square feet is allowed. The site fonts on South Dixie Highway as well as SW 59 Court and SW 74 Street. This proposed development is designed to meet all of the Hometown District Overlay ordinances except for lot coverage and building size limit to 20,000 square feet for which we are submitting an application for public hearing before the Planning Board and City Commission. Our current zoning district is Specialty Retail (SR) which normally allows lot coverage of 90 %. The Hometown District Overlay allows only 609/6 when fronting South Dixie Highway. Our proposed plan requests an 85% lot coverage. Please review our entire application and do not hesitate to contact me if you need any additional information Sincerely, f' Marcelo Fernandes Vice President 7500 RED RD • SOUTH MIAMI, FL • 33143 PHONE: 305 - 663.1293 • FAX: 305 -665 -0272 WEB SITE: OXFORDUNIVERSAL.COM E -MAIL: BMFT ENTERPRISES, INC. A DIVISION OF THE OXFORD GROUP 64 DEVELOPMENT CORPORATION October 9, 2006 Mr. Sanford Youkilis City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Statement of Hardship & justification for Change 5966 & 5970 South Dixie Highway Dear Mr. Youkilis, Attached please find a site plan and floor plans for my proposed new development located at the site referenced above. The entire site consists of 5966 and 5970 South Dixie Highway totaling 31,523 square feet of land. We are proposing a 4 story structure that will contain retail space on the ground floor, office spaces in the upper two floors and a parking ga a 1,8 spaces in the basement, 2 °d and 3rd levels. The total proposed FAR for the project is 50,43 quare where 50,163 quare feet is allowed. As you can see from the site plan, the site is very irregularly shaped with nine sides and fronting three streets: South Dixie Highway, SW 59 Court and SW 74 Street. Regardless of this challenging site configuration, this proposed development is designed to meet all of the Hometown District Overlay (HDO) ordinances except for lot coverage for which we are submitting this application for public hearing. Our current zoning district is Specialty Retail (SR) which normally allows lot coverage of 90 %. The HDO allows only 60% when fronting South Dixie Highway. Our proposed plan requests 85% lot coverage. In order to comply with all the other ordinances, we have designed a parking structure that extends below grade as well as occupying the majority of the 2nd and 3rd floors. The other floors have been set back and reduced in size to create an architecturally interesting structure that minimizes the presence of the garage. In reviewing the site plan, the design of the parking structure is on the first two floors while the office spaces suspend above to create the visual concept of an interesting architectural sculpture rather than a building. The parking is so well incorporated in to the design that the first two floors of parking are not visible along the heavily traveled frontage of South Dixie Highway. In keeping with the HDO's purpose to design parking that "must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax 'base through economic success of the district" -we have designed a parking structure that maximizes this need while it is visually appealing and practically hidden. Our site plan does not surpass the lot coverage requirement in the standard SR zoning requirement. It is important to consider that an open air, asphalted parking lot would be allowed in the HDO but then we would loose the much needed parking spaces in the city and be left with a much less visually pleasing structure. Please review ol#r entire application and do not hesitate to contact me if you need any additional information. Sincerely, Vice 7500 RED RD • SOUTH MIAMI, FL • 33143 PHONE: 305- 663 -1293 • FAX: 305- 665 -0272 WEB SITE: OXFORDUNIVERSAL.COM E -MAIL: BMFT ENTERPRISES, INC. A DI171SION OF THE OXFORD GROUP 64 DEVELOPMENT CORPORATION October 9, 2006 Mr. Sanford Youkilis City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 5966 & 5970 South Dixie Highway — Compliance Criteria Dear Mr. Youkilis, Please accept this letter of compliance as an additional supplement to my application for public hearing on the property referenced above. I would like to address each special exception provision as found in section 20 -7.51 of the South Miami Land Development Code. 1. Our proposed development does contribute, promote and encourages the improvement of the Hometown District (HD). and catalyzes other development as envisioned, the HD regulations. The development allows for access to the building by pedestrians or vehicles on each of the 3 streets that it fronts. The design also allows for landscaping to be placed on both SW 59 Court and SW 74 Street. The development also implements the mixed use of retail on the first floor and offices on the top two floors to maximize the land use categories as found in traditional downtowns. 2. The proposed development is compatible with the land uses and development intensities prescribed by all the applicable city regulations. The only special exceptions being requested are lot coverage and building size as stipulated by the) D overlay. The proposed lot coverage and building size are within the allowances of the Specialty Retail zoning district for which the property is currently zoned. 3. The proposed development possess integrity of design compatible with the design criteria established for the HD and with the overall image of the city. We believe the uniqueness of the design and quality of materials will definitely make this one of the flagship buildings of the city. 4. The proposed development is designed in a manner that provides effective management of traffic. Access is available via all 3 streets along with an underground parking level. Our 198 on -site parking spaces exceed the requirements needed. Based on the current uses of the neighboring properties, (New Chinatown restaurant, Foxes Lounge, gas station, auto mechanic shop and other retail) the proposed development will produce the least amount of lighting, noise and waste impact to the neighborhood. 5. The proposed development does not expand the permitted uses within the HD. This development proposes a mixed use of retail and offices. 6. The proposed development will have a favorable effect on the economy of the City of South Miami. By bringing in additional retail and office space that is much needed in the city, this development is able to absorb all the parking for which it is designed with a surplus to spare. The unique design will establish a new higher level of architectural standard to the city especially along the highly visible boulevard of South Dixie Highway. 7500 RED RD • SOUTH MIAMI, FL • 33143 PHONE: 305 -663 -1293 • FAX: 305 -665 -0272 WEB SITE: OXFORDUNIVERSAL.COM E -MAIL: BN[FT ENTERPRISES, INC. A DIIVISION OF THE OXFORD GROUP -2— October 16, 2006 7. The proposed development will not create excessive overcrowding or concentration of people. Visually speaking the 50,000 square feet building does not crowd the site at all. On the contrary, the design of the upper floors create an illusion that they are suspended in the air. These floors are also set back on all sides to create space between each neighboring property. The use of underground parking, as well as hidden levels of parking above ground, assist in minimizing the congestion of buildings in the HD while addressing the much needed office and retail space to help vitalize the city. Please review our entire application and do not hesitate to contact me if you need any additional information. Sincerely, /41 il Marcelo F r andes Vice Pres dent 20- 7.51 - SOUTH MIAMI LAND DEVELOPMENT- -CODE - 20 -7.51 Special exception. (A) The city commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the city commission =oust find by substantial competent evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development inten- sities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. (B) The city commission, in granting any special exception, may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve and promote the intent of the Hometown District Overlay Ordinance. (C) Special exceptions, if granted, shall be valid only for the specific design shown in the plans and exhibits submitted as part of the special exception application, as provided in Section 20 -7.52 of this Code. All deviations from the requirements of the Hometown District Overlay Ordinance incorporated within and reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and exhibits by the city commission shall constitute approval of the nonuse deviations identified on the site plan and exhibits unless the city commission approves a motion to the contrary. No further individual or separate application for deviations approved by the city commission shall be required. If the applicant wishes to make material changes to the design subsequent to receiving a special exception, the applicant must apply for a new special exception following the procedure set forth herein. (D) Special exceptions, if granted, shall be valid if development, as defined in Section 380.04, Florida Statutes, commences within twenty -four (24) months from the date of final approval and is substantially completed within five (5) years from the date of issuance of the i Supp. No. 7 180 HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.52 first building permit. The time for substantial completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. (Ord. No. 19 -94 -1569, § 1, 11 -1 -94) 20 -7.52 Procedure for special exception. (A) Special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20 -7.521 may be granted only after a minimum of two (2) public hearings. The first public hearing shall be before the planning board, at which time the planning board shall review the project and provide to the city commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second public hearing shall be held before the city commission and shall be held no sooner than seven (7) calendar days following the planning board hearing. Public notice requirements, as specified in Section 20- 5.5(C) and (G), Applications requiring public hearings, shall be followed. (B) Requests for special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20 -7.52] shall be in a form acceptable to the city manager and shall include each exhibit required per Section 20- 7.3(B), Application for Development Permit, and per Section 20 -7.4, Site Plan Requirements. In addition, the city commission, at its discretion, may require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits. (C) The city manager shall have authority to require additional review and approval by the environmental review and preservation board for developments involving special exception, which review shall follow the procedure set forth in Section 20 -5.11 of this Code. (D) The city commission may grant a special exception upon four (4) affirmative votes of its members. (Ord. No. 19 -94 -1569, § 1, 11 -1 -941) Supp. No. 7 181 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING - 11/29/2006 ITEM: PB -06 -032 - PB -06 -033 - PB -06 -034, ETC. in the XXXX Court, was published in said newspaper in the issues of 11/17/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami.-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, cClent m' r refund for the purpose of securing th' aclverti ublication in the said newspaper /7 V Sworn to and subscribed before me this 17 day of NOVEMBER , A.D. 2006 (SEAL) �;°+� Cheryl H Marmer '� " My Commission DD338559 O.V. FERBEYRE personally knpQl Expires July 18. Zccs .TOWN .DISTRICTOVERLAY) ZONING .DISTRICT,:;.TO PERMIT; SPECUILEXCEPTIONS TO SECTIONS '20 7.8% 26-7.1013,20-7.11 IN i ORDER ;TO: (1) ;ALLOW A TOTAL. LOT,,COVERAGE OF, 85% ,OR s 26,833 4dARE_FEET WHICH EXCEEDS THE MAXIMUM;60%LOT1 COVERAGE ON SOUTH ,DIXIE HIGHWAY AND'THE MAXIMUM 50 %; LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING.TO ,DISTRICT REGULATING PLAN, ALL FOR PROPERTY GENERALLY; 'LOCATED'AT 5966-70.SO,UTH DIXIE, HIGHWAY,PROVIDING FOR; SEVERABILITY, ; PROVIDING FOR. ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE PB 06-033 ;Applicant: or Human t Lo cabon:,;;6356 SW 66 Avenue U ;A RESOLTION „OF THE ,MAYOR:& CITY. COMMISSION OF : TH 'CIY OF SOUTHMIAMI, FLORIDA, RELATNG TO AREQUEST FOR TWO VARIANCES FROM :,SECTION 20.3.5(D) ' OF THE.: LANDE , ; ,TO', ALLOW ;THE_ LOT,: S1ZE OI SQUARE FEET,WHERE A_MINI FEET IS REQUIRED AND 47 FEE IS REQUIRED; (2) A VARIANCI YARD SECOND STORY SETBAC 10 FEET,IS REQUIRED; PROVIDI um w vr, WYY .7Y(V�1nc OF FRONTAGE WHERE. 60 FEET TO PERMIT AN INTERI.OR:SIDE TO BE 9, FEET W INCHES WHERE G FORAN EFFECTIVE DATE, PB- 06-D34 Applicant Habitat for Humanity .. Location: 6016 SW 63 Street 'A RESOLUTION _OF THE MAYOR 8 CITY COMMISSION .OF_THE a CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES,FROM SECTION 204.5(D) OF THE _LAND.'DEVELOP MENT: CODE iN ORDER_TO ALLOW THE CONSTRUCTION OF k ONE STORY SINGLE FAMILY HOME O, N PROPERTY .:LOCATED AT' bo16 SW 63 STREET, SOUTH'MIAMi, FLORIDA, WITHIN, THE. RS -4"',. SINGLE FAMILY sRESIDENTIAL 'ZONING USE,. DISTRICT; THE VARIANCE REQUESTED iS TO,ALLOW A REAR_SETBACK TO. BE 23 FEET 10 INCHES WHERE A;MINIMUM OF 25 FEET IS REQUIRED, PROVIDING FOR AN EFFECTIVE DATE 5 Applicant:, City of South Miami ' OF IN CONFLICT ANDAN EFFECTIVE DATE.- OF OCCUPANCY; AMENDING SECTION 420 516�RELATING'TO UNITY.OF TITLE; CREATiNG SUBSECTION 20 51,6(F) TO PROVIDE . FOR;THE OPTION OF.USING A'DECLARATION OF RESTRICTIVE COVENANT IN ;LIEU OF UNITY OF_ TITLE 'PROVIDING 'FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE Applicant;., City of South Miaml AN ORDINANCE OF.THE MAYOR AN: D CITY COMMISStON.OF_THE CITY''OF,. SOUTH, 'MIAMI, :.FLORIDA, RE.LATING'TO THE': LAND ;DE VELOPMEN,t CODE; i4MENDING'SECTION.20 -8:16 RELATING, TO- _UNITY OF. TITLE ;'PROVIDING FOR THE OPTION OF USING,A `DECLARAT.ION OF RESTRICTIVE, `COVENANTS IN LIEU OF UNITY [OF TITLE, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFI CTIVE DATE All interested parties are urged to attend Objections or expressions of approval may be_made In :person at the heanng'or filedrin'wnbng Prior_to or at the hearing: The Planning Board reserves the right to recommend to the City Commission whatever the board Considers in the'best interest, for the area involved. Interested parties requesting information are asked to.contact the Planning andl i'onmg Department by calling 305 -663 -6326 or Writing to the address indicated above You are hereby advised that if any person desires to appeal any decision made with respect to.any matter considered at this meeting or hearing,' such person will need a record of the proceedings and for such purpose may need to ensure'that a verbathm record of the proceedings.is made, which record includes the testimony antl evidence uponIwhich the appeal is-to be based (F.S, -286 0105) Refer to hearing number Wheri making any inquiry; 91/17 _ W.3- 141752468M i r a� = 5657 -M NOTICE. OF.PUULIC.HEARING CITY OF SOUTH MIAMI - e " 16 - Depart = Planning ment . N 6130 Sunset Dnve South Miami, Florida 33143 Phone (305) 663 -6326 Fak #.,(305) 668 -7356 N' w Dn Wednesday, Nagember.l9, 2006 at 7:30 PM ,the City of South Miami Planning' Board will conduct public hearings in the City Commfssfon Chambers at the above address on the . following items PB -06 -032 :. z . Applicant: ; 64 Development Corp = a . Location:. 5966 -70 South Dixie Highway, : n A RESOLUTION OF THE MAYOR AND CITY COMMISSION•OF THE CITY OF SOUTH MIAMI,' Ln FLORIDA,' RELATING -TO.A REQUEST, PURSUANT TO SECTION, 20- 7.51.OF.THE LAND. DEVELOPMENT CODE FOR SPECIAL'.E:XCEPTIONS FOR A MIXED.USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" .SPECIALITY RETAIL (HOMETOWN :DISTRICT OVER — ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20- 7.86,20- 7.108, :.:° 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833. SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY, LU :,AND THE MAXIMUM 50% LOT COVERAGE ON SW 74TH STREET; (2) `ALLOW A BUILDING =TO HAVE 50,183 SQUARE FEET WHICH EXCEEDS THE MAXIMUM PERMITTED BUILDING , SQUARE FOOTAGE OF:20,D00 SQUARE.FEE7; (3) ALLOW. A CURB CUT TO BE LOCATED ON 4 :SW 59'a.CDURT -WHICH LOCATION .IS NOT SHOWN -ON THE DISTRICT LU AT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDINGFOR SEVERABILITY; PROVIDING, FOR, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE • E: PB -06 -033 g Applicant: Habftatfor Human )ty ro Location, 6350 SW 60 Avenue 1RESOLUTIOIN OF THE MAYDR & CITY_COMMISSION OF.THE-CITY OF SOUTH MIAMI, :FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(D) OF . -THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A TWO _STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6350 SW 60 AVENUE, SOUTH; MIAMI, FLORIDA,- WITHIN .THE '.'RS -41: SINGLE :FAMILY -RESIDENTIALZONING DISTRICT; THE VARIANCES REQUESTED. ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE ` OF A BUILDING SITE TO BE ;4796.; SQUARE FEET WHERE A MINIMUM LOT SIZE OE.60D0 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET I$ REQUIRED, (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD SECOND -STORY SETBACK TO BE 9'.. FEE! 9 INCHES WHERE 10 FEET IS REQUIRED, PROVIDING FOR AN EFFECTIVE DATE .: ; PB 06 034 _ h r Applicant: Habitat for Humanity. Location:- 6016 SW 63 Street A RESOLUTION. OF THE MAYOR-& CITY COMMISSION OF THE CITY OFSOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES FROM SECTION 20-15(D) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY.: SINGLE FAMILY HOME ON PROPERTY LOCATED AT .6016 SW 63 STREET, SOUTH MIAMI,' FLORIDA, WITHIN THE "RS-4"' SINGLE FAMILY RESIDENTIAL. ZONING USE DISTRICT; THE VARIANCE REQUESTED IS TO ALLOW. A. REAR SETBACK °T0 -BE:23 FEET;10 INCHES.: WHERE A MINIMUM OF 25 FEET IS REQUIRED -'PROVIDING FOR AN EFFECTIVE DATE'_ PB 06 035 Applicant: City of South Miami ;,r, . - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION .OF.THE CITY OF.SOUTH MIAMI;`: _FLORIDA, RELATING TO CERTIFICATES OF OCCUPANCY ;`AMENDING SECTION 20= 4.7(J) OF THE CITY'S LAND DEVELOPMENT. CODE IN ORDER TO PROVIDE FOR PUBLIC WORKS ._ REVIEW OF SITE PRIOR TO ISSUANCE OF CERTIFICATE OFOCCUPANCY; PROVIDING FOR /. -. SEVER ABILITY ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE PB -06 -036 . Applicant- City of South Miami ., AN -0RDINANCE OF THE MAYOR -AND CITY.COMMISSION;OF,THE CITY OF-SOUTH MIAMI, -FLORIDA,'RELATING TO CERTIFICATES:OP000UPANCY ;AMENDING SECTION 20- 5,16'. RELATING TO UNITY.OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE = OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE, - DATE P1306 -637 Applicant: •City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,; FLORIDA, RELATING.TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 20- 8.16 .. RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION .OF ' RESTRICTIVE ., COVENANTS , IN _ LIEU: OF; UNITY OF :TITLE, PROVIDING FOR SEVERABILITY, ORDINANCES .IN CONFLICT AND AN EFFECTIVE DATE NI Interested part es, are urged to atlend. Objections or expressions of approval may be made In person at the hearing or filed In wriling prior to or at the hearing. The Planning Board reserves the right to recommend to the-City Commission whatever the beard considers In the best Interest for the area involved Interested parties requesting information are -asked to contact the Planning and Zaning Dep utment by calling 305 663 6326 or writing io the address indicated shove hearing, such person will need a record of the'pmceedmgs, and for such purpose. may need to ensure that a verbatim record of the proceedings Is made, which-record includes the testimony and evidence upon which the appeal Is to be based (E5, 266 0105) Refer m hearing number when making any inquiry. <.m m� m� r •p < L � c Dsyaa°°n�wyo��� m m m�°m �D•ma Tw` M m 2 TO m m H ma -O^cmi ",�omgc 3 m �. ma.ammax�av �a Da M m° Nao:-a'�anm °xmn x m u`io�vr m3a3n� mmc�o s A a Sbp m a?�a�m P?aR ^S 4'yY"*�. a co c n�.0- mmP 3 m° m �y vl a�° m m m m �n � = ro oaa 3a�IDC m °maw N 3 x 3 3o3aPOm�a�r°a[o 5� =m =am a3�mH E a� mm� m ry as °caw�amm3 moo. 3 X m a�c��m smo 3w ° � ? IS io z m oma g° of r a a� cmmo � m� m� r •p < 0 N v m N e. nT 0 m m min gDmm � m .so o T m a 2 TO daompm� 3 Z= I mm�c Da � m O� T— md[N =mmn ? ^"Smfm 3p s A a 3mu�,mo�m m ;m �a9r mo z$�am�m °5 a) 3 o�C n 0 P-K+m m� m C m So��ddm ? IS io z g° a a� cmmo a °m N o33�_w ;3m mm dawma m 3,� C m m � �K f ` `d v �:1 H6���mca _,. r��K ^dam °8= �.._;: @.:nm� mm °o8e.mt - @ c m m 17 �"OV mph foy� amr m� CrnomGm m ,GOAD q 03'3.•am °so gmo,:Imp ror o�SO Z QO 9m[�ii �3 is ° °z °sw sm ya m9On r.n m =AO T imoT:"_a 0 LD 0 N r a 0 Z Ln o. W . S E v E m E V) C) 1 "How about some crosswords ` with--your croissant?° Nothing goes better with breakfast than The Miami Herald, delivered. 1- 800 -441 -0444 0 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, January 9, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A. TEN YEAR RENEWAL TERM, WITH LZERWAN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES. AN ORDINANCE RELATING TO DRAINAGE; AMENDING SECTION 1DA -45 OF THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF- WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND DRAINAGE. AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 2D -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION. OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT (AVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FCR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY. ' A RESOLUTION RELATING TO A REQUEST FOR THREE VARIANCES FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A TWO STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE 10 FEET IS REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100 %) AS THE FIRST FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE LIMITED TO 60% OF THE FIRST FLOOR SQUARE FOOTAGE. A RESOLUTION RELATING TO A REQUEST FOR VARIANCES FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT ¢0.16 SW 63 STREET, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE:` FAMILY RESIDENTIAL ZONING USE DISTRICT, THE VARIANCE REQUESTED IS TO ALLOW A REAR SETBACK TO BE: 23 FEET 10 INCHES WHERE A MINIMUM OF 25.FEEr IS REQUIRED. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE AN ANIMAL HOSPITAL FACILITY IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT SPECIFICALLY LOCATED AT 6394 S. DIXIE HIGHWAY. Above items can be inspected in the City Clerk's Office, Monday -. Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing„ he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. f g(Iu TG ZXU O e F< 0 R •,a°a COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA4� On Tuesday, January 9, 2007, beginning at 7:30 p.m., in'the City s Commission Chambers, 6130 Sunset Drive, the City Commission will b--7_N-M' $' hold Public Hearings to consider the following: items:... T / A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 I OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE °SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT ` r' ISPECIAL EXCEPTIONS TO SECTIONS 20 -7.88, 20- 7.106, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET, (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SIN 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT.r A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND x DEVELOPMENT CODE FOR THE REPLACEMENT OF WINDOWS IN A SINGLE FAMILY RESIDENCE LOCATED AT 6250 MILLER ROAD WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT. r Above items can be inspected in the City Clerk's Office, Monday.- Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at 305- 663 -6326, ALL interested parties are invited to attend and will be heard. h Maria M. Menendez, CMC t 1 City Clerk \\ Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is �; F made which record includes the testimony and evidence upon which the appeal is to be based. 1 1 f I I r ru a: 5 Pain Refi of Anxic W., F ^1 U 4 40 Find out how stress is effecting your immune system. Come in for a ' r 30 minute consultation: Call Today: 20 5-593-95630 rsv�« Riidiard •de�ar�� ; Acupuncture Physician 105 -06 N. Kendall Dr. y ;`, wwwoacupuncturistmiami.com y 1w MIAW W'W `W w W, fv,v,tw!m "c'm go "a Ks, No ON W-A i ~//-o |� ^ 1 |z u:��u���� � � � ---' - - - / Rd ---' - - - o -n V 1 4 /C J Q a) m C/) m O y = zz O I L■v �PRI iit:asi`iii'wiiz 'azn"'t'`a rwero a +r W Ip C im a .-q z � ° m 4 D m r m D -I O Z cn CD i pia cinini1O jFl jos�a °.iiio:q ;jn. SUCF •6•H laFye.O daq haM9R lva 06 L1.]]ri aeF�an�matemr•nNe; t•ecam •z O m r m D --I O z 5966 South Dixie Highway Traffic Impact Study Prepared by: David Plummer & Associates, Inc. 1750 Ponce de Leon Boulevard Coral Gables, Florida 33134 November 2006 DPA Project #06253 1 5966 South Dixie Highway Traffic Impact Study TABLE OF CONTENTS Page List of Exhibits ... .............. .............................. ........., ... ............................... . ii EXECUTIVE SUMMARY... 1.0 INTRODUCTION ....:.................. .............................................. ..............................1 1.1 Project Background ........................................................... .............................1 1.2 Study Objective ......... ....................................................... ..............................1 1.3 Study Area and Methodology ......... .............................. ........ ........:..............3 1.4 Project Site Information . .3 2.0 EXISTING TRAFFIC CONDITIONS ......................................:. ............................... 4 2.1 Roadway Characteristics ................................................... ............................... 4 2.2 Traffic Counts ...... ..............................; ......... .............................., .............4 2.3 Intersection Data .......::.................`................................... ..............................6 2.4 Intersection LOS Analysis ...........:..................................... .......:........:.............6 3.0 PLANNED AND PROGRAMMED ROADWAY IMPROVEMENTS ...................... 8 4.0 FUTURE TRAFFIC CONDITIONS ............. ........:................. ............................... 9 4.1 Background Traffic And Committed Developments ......... ..............................9 4.2 Future Without Project Intersection LOS Analysis.....' :........... .......................`.....9 4.3 Project Trip Generation .......:........`:........,........................ ............................11 4.4 Project Trip Assignment .............. .. ............................... ............................12 4.5 Future With Project Intersection LOS Analysis` .................. .............................14 5.0 CONCLUSIONS ................:........................... ............................... ...................16 Appendix A Site Plan Appendix B: Data Collection` Appendix C Intersection Capacity Analysis Worksheets I Page i 4 r _ 5966 SouthDixie Highway Traffic Impact Study LIST OF EXHIBITS Exhibit Paize 1 Location Map ...................................................... ............................... .......................2 2 Existing AM and PM Peak Hour Traffic Volumes .............................................................. 5 3 Existing Lane Configurations ................................................................ ..............................7 4 Existing Intersection LOS Analysis ...................................................... ..............................6 5 Future without Project AM and PM Peak Hour Traffic Volumes ........ .............................10 6 Future without Project Intersection LOS Analysis .............................. ............................... 9 7 Project Trip Generation ........................................................................ .............................11 8 Cardinal Distribution Project ............................................................... .............................12 9 Project Trip Assignment ....................................................................... .............................13 10 Future Intersection Capacity LOS with Project .................................... .............................14 11 Future AM and PM Peak Hour Traffic Volumes with Project ............. .............................15 Page ii 5966 South Dixie Highway Traffic impact Study EXECUTIVE SUMMARY The proposed ' project will be located at 5966 South Dixie Highway South Miami, Florida. The site is currently vacant. The proposed development plan consists of 38,000 square feet (sf) of office and 9,000 gross leasable sf of retail space. Project buildout is anticipated in 2008. This traffic study is consistent with the methodology previously discussed with and agreed to by the City of South Miami Planning Department. An assessment of the traffic impacts associated with the proposed project was performed in accordance with the requirements of the City 'of South Miami. Results of the future with project capacity analysis show that the intersections operate at acceptable levels of service during both the morning and afternoon peak hours. The analyzed segment also has sufficient capacity for future volumes. Page iii -- 5966 South Dixie Highway _ Traffic Impact Study 1.0 INTRODUCTION 1.1 Project Background The proposed project will be located at 5966 South Dixie Highway in South Miami, Florida. (See Exhibit 1). The site is currently vacant. The proposed development plan consists of 38,000 square feet (sf) of office and 9,000 gross leasable sf of retail space. Project buildout is anticipated in 2008. This traffic study is consistent with the methodology previously discussed with and agreed to by the City of South Miami Planning Department. 1.2 Study Objective The purpose of the study is to provide a traffic study that meets the requirements of the City of South Miami for the project. This study includes vehicular flow, trip generation, and intersection/segment analyses. Page I 5966 South Dixie Highway. . Traffic Impact Study 1.3 Study Area and Methodology The study methodology previously discussed with and approved by the City of South Miami is described as follows: ® Capacity Analysis. Capacity analysis was performed for the intersections of South Dixie Highway (US -1) / SW 73 Street and SW 73 Street / SW 59 Court, with segment analysis on SW 74 Street. ® Background Traffic. Average. Annual Daily Traffic (AADT) volumes, published by the Florida Department of Transportation (FDOT) were reviewed to determine the appropriate background growth applicable to this area. This growth rate was applied to existing traffic counts to establish future traffic conditions without project for the anticipated project buildout year. 0 Project Traffic. Trip generation for the project was estimated using trip generation information published by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7th edition. Net new external project traffic was assigned to the adjacent street network using the appropriate cardinal distribution from the Metro -Dade Long Range Transportation Plan Update, published by the Metropolitan Planning Organization. • Future Traffic Conditions. Project traffic was combined with projections of future traffic without project. Intersection capacity analyses were performed for this condition. 1.4 Project Site Information The proposed project will be a multi -story building with office and retail space. The garage will provide 198 parking spaces. Access to and from the project site will be accommodated on SW 59 Court and SW 74 Street, 52% of the parking spaces are accessible from SW 59 Court and the remaining 48% from SW 74 Street.. The driveway on SW 59 Court will provide "a more direct access from South Dixie Highway (IJS -1), which helps to minimize commercial traffic from using neighborhood streets. A copy of the site plant is provided in Appendix A. Page 3 a ti 1 1 i I I i i i t 1 i i $ PROJECT. E X S I T I N G EXHIBff No. 5966 SOUTH DIXIE HIGHWAY 1 p� TRAFFIC STUDY AM AND PM PEAK HOUR TRAFFIC VOLUMES 1 Page 5 1 5966 South Dixie Highway TrajIc Impact Study 2.3 intersection Data Signal timing data was obtained from Miami Dade County for the signalized intersection analyzed in this study. This information was used for the signal phasing and timing required for the intersection capacity analysis. A field survey was conducted to obtain the intersection lane configurations to be used in the intersection analysis. Exhibit 3 shows the existing lane configurations at the analyzed intersections. 2.4 LOS Analysis The Highway Capacity. Software (HCS), based on procedures of the 2000 Highway fapacity ` Manual, were used to perform intersection capacity analysis at the analyzed intersections. Segment analysis was conducted based on the Florida Department of Transportation Generalized LOS Tables. Exhibit 4 shows the resulting LOS for existing conditions for morning and afternoon peak conditions. Analysis worksheets and FDOT Generalized LOS Table are included in Appendix C. Exhibit 4 Existing Intersection and Segment LOS Analysis Weekday AM and PM Peak Hour Conditions Signalized/ Level of Service Intersection/Segment Unsgnalized AM PM South Dixie Highway (US -1) / SW 73 Street S B ` C SW 73 Street / SW 59 Court' U A/B A/B SW 74 Street' Segment C C 'LOS for major /minor Street approach. Source: David Plummer & Associates 'Based on FDOT Generalized LOS Tables, 2002. Page 6 rFVc5966 SOUTH DIXIE HIGHWAY ' EXISTING e>wiaRNo. p� ION TRAFFIC STUDY' LANE CONFIGURAT 0 Page' 7 5966 South Dixie Highway Traffic Impact Study j 4.0 FUTURE TRAFFIC CONDITIONS 3 4.1 Background Traffic and Committed Developments Average Daily Traffic counts published by the Miami -Dade Public Works Department and the y FDOT were reviewed to determine historic growth in the area. This analysis indicated that traffic has fluctuated in the past years. A conservative 1.0% annual growth rate was used for this study. Per the City of South Miami, there are currently no planned projects proposed within the study 4 area. Therefore, only the growth rate was be applied to establish future without project volumes. 4.2 Future Without Project Intersection LOS Analysis Future without project condition was obtained by establishing background traffic. Exhibit 5 shows the projected turning movements for Riture without project traffic. Exhibit 6 shows the resulting LOS for morning and afternoon peak conditions for future without project. Capacity worksheets are included in Appendix C. Exhibit 6 Future Without Project Intersection and Segment LOS Analysis Weekday AM and PM Peak Hour Conditions Intersection /Segment Signalized/ Unsignalized Level of Service AM PM South Dixie Highway (US -1) / SW 73 Street S C C SW 73 Street / SW 59 Court' U AB AB SW 74 Street Segment C C -Lub tor mayor /minor street approach. Source: David Plummer & Associates 213ased on FDOT Generalized LOS Tables, 2002 Page 9 SW 72 ST (SUNSET DRIVE) � JyRI N.T.S. J 50 15 (2) 75 (112) 213 (378)' L 163' (246) J 7M SW 73 ST ci$ (121109 - (1 20 85 (170) SW 74 ST F— (6D) 70 —� w Q U v7 L v�) LEGEND XX -AM PEAK VOL a (XX) - PM PEAK VOL C oo-+iarr "' PRO,ea: rmF: FUTURE W/O PROJECT 5966 SOUTH DIXIE HIGHWAY AM AND PM' PEAK HOUR N N O TRAFFIC STUDY TRAFFIC VOLUMES Page 10 5966 South -D .e Highway Traffic Impact Study 4.3 Project Trip Generation Trip generation for the proposed project and the existing use was estimated using the Institute of Transportation Engineers (ITE) Trip Generation manual, Seventh Edition. This manual provides i, gross trip generation rates and/or equations by land use type. These rates and equations estimate r, vehicle trip ends at a free- standing site's driveways. I: 1. The proposed development plan incorporates retail and office land uses, which can satisfy the ► retail needs for some employees and visitors without making a trip off -site. An internalization matrix was developed to establish the appropriate number of internal project trips. r 1 1 1 The Trip Generation Handbook, published by ITE in March 2001, the handbook includes data on pass -by trips. Pass -by trips are those trips that are attracted from the traffic passing the site on an adjacent street. Since the pass -by trips are already on the street system, the total trip generation from a site has to be adjusted to estimate the new external traffic actually added to the street system. Adjustments for internal and pass - -by trips were taken when determining the proposed trips. The project trip generation summary is provided in Exhibit 7. E=xhibit 7 Project Trip Generation Proposed Land Use Number of Units AM Peak PM Peak_ In Out Total In Out Total _ Retail 9,000 GLSF 0 0 0 11 14 25 (Land Use 814) Office 38,000 GSF 76 10 86 21 101 122 (Land Use 710) Subtotal 76 1 10 86 32 1 115 147 Pass -by Tripsz 34% 0 0 0 -4 -5 -9 Net New Project Trips 76 10 86 28 110 138 'The Institute of Transportation Engineers (ITE) Trip Generation manual, Seventh Edition 2 Trio Generation Handbook, published by ITE in March 2001. Page 11 IM Direction TAZ 1'103 NNE 23.09% ENE 10.32% ESE SSE 0.67% SSW 14.46% WSW 22.01% WNW 11.44% NNW 16.67% N PRO)EGT: TITHE: EXHIBIT No. Ed 5966 SOUTH DIXIE HIGHWAY PROJECT TRIP TRAFFIC STUDY ASSIGNMENT 9 Page 13 ! ! ! 0 PROIECF- ME: FUTURE WITH PROJECT E>OIIBRNo. 5966 SOUTH DIXIE HIGHWAY AM AND PM PEAK HOUR 11 1 TRAFFIC STUDY TRAFFIC VOLUMES Page 15 SW 72 ST (SUNSET DRIVE) • �1 J5 N.T.S. �O ! �� 76 (118) too M 164 (257) 213 (376) 19 (11) SW 73 ST (1) 11 --j r— (121) 109=x- (30) 55 _ o o, l n U, PROJECT DVV in (17) 2 ..,. S, (28) 3 v -- 97 (175) SW 74 ST (7) 19 (93) 73 - W rn U) rn tr) U U) LEGEND XX -AM PEAK VOL (XX) - PM PEAK VOL c P 9 0 PROIECF- ME: FUTURE WITH PROJECT E>OIIBRNo. 5966 SOUTH DIXIE HIGHWAY AM AND PM PEAK HOUR 11 1 TRAFFIC STUDY TRAFFIC VOLUMES Page 15 Appendix A Site Plan i e - R � rG tf� J S.W. Sall PL d0' WrAL R/M 4 ppgg law S V - ?15 S. S.W. SM COUiif Appendix B Data Collection Traffic Volumes .Signal Timings Z ° °> m a m m o 0 0 0 N D X c O z a [T vi O -� O o O i. CT O CT o< O z D ° m a o n 0 0 0 0 0 M 3 < 171 3 O- N D C] c qc o m m w m y o -< z Q' n O C) -i r can <5 cm o° ca cn r 3 n N O r* o M F! Z O y > 0 v, r VwN wcnAON 3 y <D '0 m q m Z cn -1 0 —00 ooN �o CD o _ cCn Ul 2 m V ,'G C O W rJ N s 0 -• O G 0n v w Z C1 W (q N cn 0 O N W D D CO d1 J� CJt (n O Co N K Er o r to 'y w �- x. m cn cn w r = D > (D CD CD a C ° CD CO) cn= rn0 (a� yc10 C co C a C o a a o 0 a a o a X -i Z c Z Cz Z N N s 0 0 0 0 la O a G) C) � O o a W a3 �A -+N'00 C i'11 m r �m N W <TNCnAA r Z -n Z —1 0 � m 00 0 O N O C CC) O CD N c oz Z W � .� Z O C77 CO O A N W A O CTt N O cn D W W V AN co V W O N_.W w O CD N V 0010 y O O W W°+s �* n CA co '• V r t0 N -• W O j C N 4) A`. V N W � CC C N COD y cC-• O � -A CWD (T Pl—' M C A Ut W W .P ...• W W Z v � a� tt CO W O n A CA cAn j w A W CT 8 O y t7c CD N r a N w o O ° w CD z L V CO o °i 1 C) -4 00 D r v r Q o' D. T a A Ca/Y: Coil C°T CaiT A A A A (D T. C1l Z Ccn CD CA O Cil O Gj O Z M ={ 3 -.q 0 3 o a o 0 0 0 0 0 r 3 % . ,. M MR 'O 9 'L 9 A y 19 iD _n O • • ~ d > 4 Q O: r O O 0 0 0 0 0 0 r 1O W fD _0 CD s s ., Z CT U Ul A+ j CT (T T A (1 IV � V 4W CD O p cb m CD W IV: V: Q G V N V W A W W N W W V W V W Ot G Z: Q) M m Z n w fn O OC Q W AC N O c � W O) W O m A �: r -` -om m D A tT W A F-4 c0- V i Q �x s D o ?, q O _ y D C . 0 0 V N COT' N N i CD co V. C (n V V Ul Cn CO O O O Z O' C_ Z Z O O 0 0 0000 Q� W N'. O C�71 CCD O~0 N CST N v � D D Q r r < �r m Ili � o r nm O000000o Z 0 o0 0 00000 D C Z Z Z O � (n -i o -x C 0 - 0 O 0 o000 (J) D o O m 0 0 0 0 0 0 00 m O lo D r -C K c �. w w �, �, a CD Ch c" �'r < w W a4a 01ti o -.1 c 0 o m 00 0 0000 m m s.. O C, i N N A W Z- v co Q j ° Q cojm'CDcoVV O a co j: D w ca 0o CL V Ul: UI CL N N r CD 'w cn a 0 � CA D mrn a n�m°iDCWa on � X y z O C _0 m o cn 5°, coif U !M A A d A (D > f7 O CT O Ln O CT O _ Z O ° m'� m � T ;a < 3 1•n a p r m m c p� 0 0 0 0 0 0 0 0 G N C) > °o w v, cn cn a a a rs G -4 r o° cap, v cn o° cm o cr r C) � a o m X 3 3 3 o in N .n (D z On O o r AcJlJ�-1ww C > 3 m � m --o m Z w z 'c cn o -1 0 o0 0 0-�0� m m -4 M 0 Go --I U to W .� Z — w A O cc M f1 W Cl) C) w N O to co rn co cn o w C 3 -+ .+ c4ri m r m m -n n .� m Cl) CA CD 0 n. N 0 a> Os- +00000 = o ; y n = o N _ Cop am C o -i C DC 000 00000 �� N A Z O � W Z C Z HZ C z Z moo 000 -�-� /� Y/ cZ � � ci o :-4 w a D a3 o s - — oo < r r G r � m —0 C) 0 IQ + o— r Z -n Z —1 -n -1 � 00 D no 0)ccoo� ONi0N4� oZ Z v Q C N0 A 0 N NCT W Cl) Z O y � O � D.._. VW W cD W A w cn u W A A Vf W O W N Ti ,J O) D Ol 0 r w w (. Ca Z V r A j A O N N m 4 -i co cc O cD Oo CO Co v .� 171 O v s N cD O BJ1 N W N C O O N O N z O t9 o W - D cal co 4 A Vf CD cD D N . C. c N r `t m w 00 o v, _I p o� N D Z Cw0 �I Owl 1 cwD _ G71 > D six•(any) to 65 MS 10 M IS tL MS l'd101 LLg' L lb!101 OOH-17z zz 99 9 9M % 0'bL :1013el-4 11 8! 8 L Z L 96'0 •dHd %17'8 :Jotasl-N L L ;' L 1. b4 Szz :awnLA Wd 0050 :aun•1 :jnOH BEad Wd b9 £l £L SL bl - 8M %S'179 a01asl -Q LOL 85 EL 960 :dHd %6'9 410138; -N oe0 9ZL S@ 961, :awnlaA Wtl 91 :L t Zauyl :jnOH IEad VW LZ O:/0 leg 1. LZL Sz GNno81S3M aMd aNno81Sb'3 . SE LE LSL :awn o I A 9zz :aw 1 ano ee :awn a H A d Wd :awe LL I A Wd S4 EO rno ea _, .1 H:I d Wd Lb - W 00:9 d 0 b17 e I A ' Wtl SY G G :au'! J. .l unoH dead Wtl 96 ,awnloA Wtl 00.60:: •awLL rnoH :lead Wtl: E£ Z£ ,` 6E 410 08L ONnO 81St/3 8z ': i 9Z 8z AuvyywnS 1Nnoo ow :iv i ALiiva 66L 069'Z l'd101 LLg' L lb!101 OOH-17z zz 99 9 bE 11 8! 8 L Z L 04 L Z9 ZIP L L ;' L 1. b4 L 0 :Ot L8 b9 £l £L SL bl - ;&0 LOL 85 EL 9L 9L 171 oe0 9ZL S@ OZ b4 bZ LZ O:/0 leg 1. LZL Sz L£ SE LE 0:90 9zz L91, Ob Lb - Eb ' ' b17 :90 rV4dOO:ZL ALZ LbL Be ` E£ Z£ ,` 6E 410 08L 60L' 8z ': LZ 9Z 8z :E0 66L £El LZ @£ E£ 9£ Zo 89L SZL 0£ l£ 6Z - 9E :t0 96L LZL EE L£ ; 9£ LZ :ZL es t. 00 1. LZ £Z 9Z ? SZ ` Wtl 00?tt 051. E8 Sz zz ZZ 9L Wtl Oo :O t 1391. ZL S L 91. zz OZ , Wtl 00 :60 ESL b8 - 81. 17l '< 8Z y SZ Wtl 00 :80 SOL SO 9L 8 EL 8 WV 00 :Z0 L£ 17Z O L L- E S Wtl 00:90 b 1. 6 L- L L Z Wtl 00:90 £ L O l E b Z Z Wtl 00410 t1l O L Z £ L S WY OO :EO 8L 8 z L E E Wv00:Zo OZ 9L 17 Z 9 - 9 YR00:Lo 6L E 9 b 9 Wtl 00 :zt " tOM ld101 b/L 4117` 17/1 Pie wt. POZ b/L Lst. 3 Ni ONnO81S3M 11 ELO'L l'd101 tInOH-bZ zz 8 9 S E V'1d 00: L l 0Z S E L S Wd 00:Ot 9z 9 b L 1. 6 Wd 00 :60 bb 0 L 6 E 1. Z l 1Nd 00 :80 ZIP 0L OL z1. LL Wd 00-10 99 O 1. S 1. Z 1. 6C 1N4 00:90 69 EL 91. 91. bl Wd 00:90 ` 69 b L OZ 9 L 0Z Wd 00 :tro ZL at. . 6t. lZ 9 L Wd 00 :,W 99 E1. Sl 91. 8L Wd 00 :Z0. E9 BL ZL 91. 9L Wd00 :to LL Oz 8L £L LZ Wd00 :zL 89 St. 91. St. EL WvOO :tt L9 LL bl LZ 8L Wtl00:0t 96 8z bZ Oz r lZ Wtl 00:60 69 91 171. 61 LZ wtl 00:80 179 81 Oz EL K MOO:LO El 9 "9 L L wtl 00 :90 5 Z L L Z Wtl oO :SO £ l L Z L WV 00:1,0 S l 1, Z Z Wtl 00 :E0 O L E £ l b wtl 00 :zo 5 l L Z L wv 00: to Wtl 00 :zt '11-101 b/L 4117 W1. Pic b /l PUZ b /L- 3sl 3VYU N1038 aNn081S`d3 DAVID PLUMMER & ASSOCIATES, INC. 24 -HOUIR COUNTS Project Name: 5966 South Dixie Highway Location: SW 74 Street West of SW 59 Court Observer: Traffic Survey Specialists, Inc. BEGIN EASTBOUND 1 7 TIME 111 st 1/4 2nd 1/4 3rd 1/4 4th 1/4 TOTAL 12:00 AM 3 3 2 5 13 01:00 AM 1 1 0 2 4 02:00 AM 3 0 0 4 7 03:00 AM 4 1 1 1 7 04:00 AM 0 3 0 0 3 05:00 AM 1 0 0 2 19 06:00 AM 0 2 6 8 25 07:00 AM 11 14 17 16 24 08:00 AM 18 17 13 12 rj60 09:00 AM 24 27 35 25 9 10:00 AM 16 22 13 16 6 11:00 AM 11 20 18 15 12:OD PM 24 17 21 1 14 76 01:00 PM 23 21 15 16 75 02:00 PM 14 9 17 19 59 03:00 PM 16 20 13 20 69 04:00 PM 26 21 25 13 85 05:00 PM 17 17 15 13 62 06:00 PM 18 13 13 18 62 07:00 PM 14 14 10 14 52 08:00 PM 17 12 10 8 47 09:00 PM 9 14 2 7 '32 10:00 PM 3 6 2 4 15 11:00 PM 3 4 4 11 22 24 -HOUR TOTAL 1,069 01:00 AM 1 9 1 7 02:00 AM 1 4 03:00 AM 7 1 D4:00 AM 4 2 0,5:00 AM 2 0 06:00 AM 3 3 D -DO AM 12 12 08:DO AM 32 25 09:00 AM 25 22 10:00 AM 17 21 11:01) AM 24 26 1, DO PM 30 41 01:00 PM 41 36 02:00 PM 47 35 03 :00 PM 33 19 04:00 PM 45 22 05:00 PM 41 25 06:00 PM 39 42 07:00 PM 33 24 08:00 PM 11 15 09:00 PM 13 13 10:00 PM 7 9 1'1:00 PM 10 1 9 DAILY TRAFFIC COUNT SUMMARY Project No.: Count Date: ESTBOUND 3rd 1/4 4th 1/4 TOTAL 6 3 25 2 6 24 1 2 8 1 3 12 2 3 11 1 1 4 7 4 B 1 18 7 19 50 19 18 94 16 16 79 18 33 89 32 24 106 36 1 32 139 33 36 146 45 29 156 25 29 106 33 43 143 44 42 152 26 26 133 18 1 23 98 16 17 59 13 7 46 14 12 42 6 6 31 24 -HOUR TOTAL 1,774 06253 11/15/06 EASTBOUND AM Peak Hour. Time: 09:00 AM Volume: 111 AM Peak Hour. Time: 11:45 AM Volume: 131 PM Peak Hour: Time: 03:45 PM Volume: _92 _ PM Peak Hour. Time: 05:30 PM Volume: 167 EASTBOUND AND WESTBOUND AM Peak Hour. Time: 11:45 AM Volume: 208 K- factor 7.3% PHF: 0.90 D- factor: _ 63.0°% WB PM Peak Hour. Time: 04 :00 PM Volume: 228 K- factor. 8.0% PHF: 0.80 D- factor. 62.7% WB SW 74 St W of SW 59 Ct (111506).xls BEGIN EASTBOUND TIME 1st 1/4 2nd 1/4 3rd +1/4 4th 1/4 TOTAL 12:00 AM 3 ' 5 " 2 >s: 4 ''14 01:00 AM 1 ; 2 2, 0 5' 02:00 AM 4 1 5'r 2 12' 03:OD AM 0 2 0 0 2` 04:00 AM 1 0 1 1 3' 05:00 AM 2 1 ` 1 2 ` 6' 06:0D AM 2 0 ` 5,, 3 10. 07:00 AM 16 11' 23 19 69 09:00 AM 24' 20,` 14 19` 77' 09:00 AM 18 129 ' 13' 21 81 10:00 AM 16 ` 19 15 17 67` 11:00 AM 14; 9 14r 14` 51: 12:00 PM 18 8; 15'` 25 66 PM 8 : 14; 9 -! 19' S0> PM 21 26 19' 7 73 PM 13 21 25' 15' 74' PM 13 11 15' 14; 53 PM 11 15` 16 13' 55 PM VOO 20 11 16 28 49; PM 7 9 ` 9 6 31 PM 7 14 8 ' 11 40 M 9 7" 5 2:" 23 PM 7 ' 8` 4 r 6` 25 M 3 i 6" 7,' 4 10 1 9 24 -HOUR TOTAL 957 BEGIN TIME WESTBOUND 1st 1/4 2nd 1/4 "3rd 1/4 4th 1/4 TOTAL 12:00 AM 3 1 6 3 - 13 01:00 AM 2 2 1 2 7 02 :DO AM 5` 1 1 1 8 03:00 AM 2 1 4 0 7 04:00 AM 0 1 5 2 8 05:00 AM 1 1 0 9 11 06:00 AM 7 2 10 11 1 30 07:00 AM 4 13 - 9 13 - ` 39 08:00 AM 18 30 9 17 '' 74 09:00 AM 15 22 15 13 65 10:00 AM 14 22 25 16 77 11 :00 AM 25 26 14 29 94 12:00' PM 24 30 26 34 114 01:00 PM 31 22 28 23 " ' 104 02:00 PM 25 30 31 ; ' 24 110 03:00 PM 23 33 29 26 111 04:00 PM 32 41 33 33 ' 139 moo PM 47 60 37 37 r 181 06:00 PM 35 28 '35:1 23 - 121 07:00 PM 21 23 10 17 71 06:00 PM 16 17 15 8 56 09:00 PM 14 16 12 19 `, 61 10:00 PM ' 6 18 8 10 42 ' 11:00 PM 14 4 10 1 9 37 24 HOUR TOTAL 1,580' DAILY TRAFFIC COUNT SUMMARY EASTBOUND AM Peak Hour. Time: 07:30 AM Volume: 86 ' AM Peak Hour. Time: -11:45 AM Volume: 109 PM Peak Hour. Time: 01:45 PM Volume: 85 ` PM Peak Hour. Tune: 05:00 -PM : Volume: c 181 EASTBOUND AND WESTBOUND AM Peak Hour. Time: 11.45 AM ' Volume: 164 K- factor. 6.5% PHF: 0.95 D- factor. 66.5% WB PM Peak Hour: Time: 05:00 PM Volume: 236 K- factor. 9.3% PHF. 0.79 0- factor. 76.7% WB SW 74 St W of SW 59 Ct (111606).xls' Signal Timings PATTERN SCHEDULE FOR 4804 US ]. & SW 73 ST FOR DAY # 4 (SECTION 1) TIME PT OFF ACG G Y R WG Y R CL Y R S Y M CYC MIN: 1 12 5 0 22. 48 18 39 4 1 12 4 2 0 0 0 3 80MID NITE 130 91' 60 18 30 4 1 12 4 2 5 3 1 80LATE NIT 530 10 50 18 30 4 1 12 4 2 5 3 1 SOPRE AM A 625'::17, :'37 18..9;7 4.,.;1 15,..:4.,.:2., 5' 3,: 8.. 15OAM PEAK 930 20 37 18 87 4 1 15 4 2 5 3 1 140AM PEAK 1000 12 91 18 67 4 1 15 4 2 5 3 1 12OPOST AM 1535,:.3 18 1830 14 36 1884 4 1 18 4 2 5 3 1 140PM PEAK 1900 1 9 18 70 4 1 12 4 2 5 3 1 120POST PM 2000 2 52 18 50 4 1 12 4 2 5 :3 1 100EARLY EV 2200 7 52 18 40 4 1 12 4 2 5 .3 1 90MID EVE 2300 13 60 18 29 4 1 13 4 2 5 :3 1 80EARLY NI EXISTING: FUTURE Proposed Net New Project Trips FUTURE INTERSECTION MOVEMENT W/O WITH PM PROJECT PROJECT In ' Out Total PEAK HR 28 110 138 NBL 0 0 0.000 ODDO 0 0° NBT 2152 2195 0.000 O.00D 0 2195 NBR 127 130 0.300 0.000 8 138 SBL 28 29 ` 0.150 0.000 4 33 SBT 3247 3312 0.000 0.000 0 3312 South Dixie SBR 0 0 0.000 0.000 0 0 Highway (US-1) / SW 73 Street EBL 0 0 0.000 0.000 .0 0 EBT 0 0 0.000 0.000 0 0 EBR 0 .0 0.000 0.000 0 0 WBL 241 246 0.000 0.050 6 251 WBT 0 0 0.000 ODOR 0 0 WBR 11D 112 0.000 0.050 6 118 TOTAL 5905 6024 0.450 0.100 24 6047 NBL 20 20 O.DDO 0.100 11 31 NBT 0 0 0.000 0.000 0 0 NBR 13 13 0.000 , 0.050 6 19 SBL 2 2 0.000 0.000 0 2 SBT 0 0 0.000 0.000 ' 0 0 SW 73 Street I SBR 1 1 0.000 ODDO 0 1 SW 59 Court - EBL 1 1 0.000> O.00D s 0 1 EBT 119 121 0.000 O.ODD 0 121 EBR 17 17 0.450 O.00D 13 30 WBL 7 7 0.150 0.000 4 11 WBT 371 378 O.00D O.00D 0 378 " WBR 2 2 O.00D 0.000 0 2 TOTAL .553 564 0.600 0.150 33 597 ` NBL 0 0 0.050 0.000 1 1 NBT 33 34: O.D00 0.000 0 34 NBR 0 0 O.ODD O.00D 0 0 SBL 0 0 O.00D 0.000 0 0 SBT 24 " 24 'O:DDO 0.000 -0 24 SW 59 Court / SBR 0 0 0.600 0.000 17 17- Driveway' EBL 0 0 ODDO 0.150 17 17 EBT 0 0 0.000 0.000 0 0 EBR 0 ' 0 O.ODD 0.250 28 28 WBL 0 0 0.000 0.000 0 0 WBT ' 0 0 0.000 0.000 0 0 WBR D 0 0.000 0.000 0 -0 TOTAL 57 58 0.650 0.400 62 120 NBL 0 0 O.ODO ODDO 0 0 NBT 0 D 0.000 0.000 0 ' 0 NBR 0 0 0.000 0.000 0 0 SBL 0 0 0.000 0.200' 22 22 SBT 0 0 0.600 ODOO 0 .0 SW 74 Street / SBR 0 0 ' 0.000 0.400 43 43 - Driveway EBL 0 0 0.250 0.000 7 7 EBT 59 60` 0.000 0.000 0 60 EBR 0 0 0.000 O.00D 0 0 WBL 0 0 0.000 0.000 0 0 WBT 167 170' 0.000 0.000 0 170 WBR 0 0 0.100 0.000 3 3 TOTAL 226 231 0;350 O.6DO 75 305 EB 59 SO 0.000 0.300 33 93 SW 74 Street WB 67 170 0.150 0.000 4 175' TOTAL 226 231 0.150" 0.300 37 268 Li li 0 d TABLE 4 - 4 GENERALIZED PEAK HOUR TWO -WAY VOLUMES FOR FLORIDA'S URBANIZED AREAS* UNINTERRUPTED FLOW HIGHWAYS F FREEWAYS Level of Service I Interchange spacing > 2 mi. apart Lanes Divided A A B C D E E L Level of Service 2 Undivided I I80 620 1,210 1,720 2 2,370 L Lanes A B C D E 4 Divided 1 1,940 3,140 4,540 5,870 6 6,670 4 4 2,310 3,840 5,350 6,510 7,240 6 Divided 2 2,900 4,700 6,800 8,810 1 10,010 6 6 3,580 5,930 8,270 10,050 11,180 STATE TWO -WAY ARTERIALS 8 Class I ( >0.00 to 1.99 s signalized intersections per mile) 1 10 6,110 10,110 14,110 17,160 19,050 Level of Service 1 12 7,360 12,200 17,020 20,710 23,000 Lanes Divided A A B C D E E 2 Undivided * ** 400 1,310 1,560 1 1,610 I Interchange spacing <2 mi. apart 4 Divided 4 460 2,780 3,300 3,390 * * "+ L Level of Service 6 Divided 7 700 4,240 4,950 5,080 * * ** L Lanes A B C D E 8 Divided 8 890 5,510 6,280 6,440 * * ** 4 4 2,050 3,350 4,840 6,250 7,110 6 3,240 5,250 7,600 9,840 11,180 Class II (2.00 to 4.50 s signalized intersections per mile) 8 8 4,420 7,160 10,360 13,420 15,240 Level of Service 1 10 5,600 9,070 13,130 16,980 19,310 Lanes Divided A A B C D E E 1 12 6,780 10,980 15,890 20,560 23,360 2 Undivided * ** 180 1,070 1,460 1 1,550 4 Divided ** 390 2,470 3,110 3,270 6 Divided * ** 620 3,830 4,680 4 4,920 B BICYCLE MODE 8 Divided * ** 800 5,060 6,060 6 6,360 ( (Note: Level of service for the bicycle mode in this table is based on roadway geometrics at 40 mph posted speed and traffic conditions, not number of bicyclists Class III (more than 4.5 signalized intersections per mile and not u using the facility.) ('Multiply motorized vehicle volumes shown below by number within primary city central business district of an o of directional roadway lanes to determine two -way maximum service volumes.) urbanized area over 750,000) Paved Shoulder Level of Service B Bicycle Lane Level of Service Lanes Divided A A B C D E E C Coverage A B C D E 2 Undivided * ** ** 500 1,200 1 1,470 0 049% ** ** 310 1,310 >1,310 4 Divided * ** ** 1,180 2,750 3 3,120 5 50 -84% ** 240 390 >390 * ** 6 Divided * ** ** 1,850 4,240 4 4,690 8 85 -100% 300 680 >680 * ** * ** 8 Divided * ** ** 2,450 5,580 6 6,060 PEDESTRIAN MODE Class IV (more than 4.5 signalized intersections per mile and within ( (Note: Level of service for the pedestrian mode in this table is based on roadway primary c city central business district of an urbanized area g geometrics at 40 mph posted speed and traffic conditions, not number of pedestrians over 750,000) u using the facility.) (Multiply motorized vehicle volumes shown below by number Level of Service o of directional roadway lanes to determine two-way maximum service volumes.) Lanes Divided A A B C D E E L Level of Service 2 Undivided * ** ** 490 1,310 1 1,420 S Sidewalk Coverage A B C D E 4 Divided * ** ** 1,170 2,880 3 3,010 0 0 -49% ** ** ** 600 1,480 6 Divided * ** ** 1,810 4,350 4 4,520 5 50 -84% ** ** ** 940 1,800 8 Divided * ** *+ 2,460 5,690 5 5,910 8 85 -100% ** 210 1,080 >1,080 * ** NON -STATE ROADWAYS B Major City/County Roadways ( (Buses per hour) Level of Service ( (Note: Buses per hour shown are only for the peak hour in the single direction of higher traffic flow.) Lanes Divided A A B C D E E L Level of Service 2 Undivided * ** ** 870 1,390 1 1,480 S Sidewalk Coverage A B C D E 4 Divided * ** ** 2,030 2,950 3 3,120 0 0 -84% ** >5 >4 >3 >2 6 Divided * ** ** 3,170 4,450 4 4,690 8 85 -100% >6 >4 >3 >2 >l ARTERIAL/NON -STATE ROADWAY ADJUSTMENTS Other Signalized Roadways D DMDED/UNDMDED (signalized intersection analysis) ( (alter corresponding volume by the indicated percent) Level of Service L Lanes Median Left Turns Lanes Adjustment Factors Lanes Divided A A B C D E E 2 2 Divided Yes • +5% 2 Undivided * ** ** 450 950 1 1,200 2 2 Undivided No -20% 4 Divided * ** ** 1,050 2,070 2 2,400 M Multi Undivided Yes -5% M hi Undivided N - Source: Florida Department of Transportation 02/22/02 u 11 0 0 Systems Planning Office 605 Suwannee Street, MS 19 ONE -WAY FACILITIES Tallahassee, FL 32399 -0450 Decrease corresponding two-directional volumes in this table by 40% to http: / /wwwl I.myflorida.com/ planning /systems /smAWdefault.htm obtain the equivalent one directional volume for one-way facilities. 'This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications The table and deriving computer models should not be used for condor or intersection design, where more refined techniques exist. Values shown we hourly two-way volumes for levels of service and are for the automobile/truck modes unless specifically stated. Level orservice letter grade thresholds are probably not comparable across modes and, therefore, cross modal comparisons should be made with caution. Furthermore, combining levels of service of different modes into one overall roadway level of service is not recommended. To convert to annual average daily traffic volumes, these volumes must be divided by an appropriate K factor The table's input value defaults and level of ser ice criteria appear on the following page. Calculations are based on planning applications of the Highway Capacity Manual, Bicycle LOS Model, pedestrian Los Model and Transit Capacity and Quality of service Manual, respectively for the automobildtnrck, bicycle, pedestrian and bus modes. " *"Carol be achieved using table input value defaults. 'Not applicable for that level of service letter grade. For automobilduuck modes, volumes greater than level of service D become F because intersection capacities have been reached For bicycle and pedestrian modes, the level of service letter grade (including F) is not achievable, because there is no maximum vehicle volume threshold using table input value defaults. 91 1 HCS +: Signalized Intersections Release 5.2 ,l Analyst: st: DPA Inter.: SW 73 St / US -1 � Ag enc Y' Ar ea Type: All other areas Date: Jurisd: South Miami, F1 period: Existin g AM- Peak -Hour Year- - Project ID: 5966 South Dixie Highway - #06253 E/W St: SW 73 Street N/S St: US -1 j� SIGNALIZED INTERSECTION SUMMARY Eastbound ( Westbound Northbound ( Southbound L T R L T R L T R I L T R No. Lanes 0 0 0 1 0 0 0 3 0 1 3 0 LGConfig I L LR TR L T 1? volume 116G 74 2559 96 135 1915 1 Lane Width 112.0 12.0 12.0 112.0 12.0 RTOR Vol 0 0 1' Duration 0.25 Area Type: All other areas Signal Operations (' Phase Combination 1 2 3 4 5 6 7 8 1. EB Left NB Left Thru I Thru A 1 Right I Right A Peds Peds WB Left A SB Left A A M! Thru Thru A A Right A Right Peds Peds B Right EB Right B Right WB Right Green 15.0 115.0 5.0 Yellow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 Cycle Length: 150.0 secs �. Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate 0 Grp Capacity (s) V/c g/C Delay LOS Delay LOS k Eastbound R Westbound L 177 1770 1.15 0.10 180.2 F LR 158 1583 0.59 0.10 70.6 E 145.5 F Northbound 1 TR 3869 5047 0.91 0.77 17.6 B 17.6 B Southbound L 168 1770 0.23 0.83 49.6 D T 4228 5074 0.51 0.83 3.7 A 4.5 A Intersection Delay = 19.2 (sec /veh) Intersection LOS = B Way Stop Control Page l of 'i TWO -WAY STOP CONTROL SUMMARY feral Information Site Information st DPA Intersection SW 73 St/ SW 59 Ct IStudy Period (hrs): 0.25 nc /Co. licle Volumes and Adjustments Jurisdiction South Miami, FI ��& B Performed Westbound Analysis Year ement Ivsis Time Period Existing AM Peak Hour 3 4 ct Description 5966 South Dixie Highway #06253 /West Street: SW 73 Street North /South Street: SW 59 Court section Orientation: East -West IStudy Period (hrs): 0.25 licle Volumes and Adjustments )r Street Eastbound Westbound ement 1 2 3 4 5 6 L T R L T, R me veh/h) 11 107 20 7 209 15 (-Hour Factor, PHF 0.73 0.73 0.73 0.79 0.79 0.79 rly, Flow Rate, HFR /h 15 146 27 8 264 18 :ent Heavy Vehicles 2 - ` -- 2 — — ian Type Undivided '.hannelized 0 0 .s 0 1 0 0 2 0 Figuration LTR LT TR :ream Signal 0 1 1 0 )r Street Northbound Southbound ement 7 8 9 10 11 -12 L T R L T -R me veh/h) 15 1 7 3 0 6 < -Hour Factor, PHF 0.72 0.72 0.72 0.56 0.56 0.56 rly Flow Rate, HFR lh) 20 1 9 5 0 10 :ent Heavy Vehicles 2 2 2 2 t 2 2 ;ent Grade ( %) 0 0 :d Approach N N orage 0 0 hannelized 0 0 +s 0 1 0 0 1 0 Figuration LTR LTR q, Queue Length, and Level of Service roach Eastbound ` Westbound ' Northbound Southbound ement 1 4 7 8 9 10 11 12 Configuration LTR LT LTR LTR :h /h) 15 8 30 15 7) (veh /h) 1277 1401 634 671 0.01 0.01 0.05 0.02 queue length 0.04 0.02 0.15 0.07 trot Delay (s /veh) 7.9 7.6 11.0 10.5 A A B B roach Delay s /veh) - — 11.0 10.5 roach LOS — -- B B ight © 2005 University of Florida, All Rights Reserved HCS +Tm Version 5.2 Generated: 11 121/2006 11:11 AN / /C:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59AC.tmp 11/21/2006 } HCS +: Signalized Intersections Release 5.2 Analyst: DPA Inter.: SW 73 St / US -1 Agency: Area Type: All other areas Date: Jurisd: South Miami, F1 Period: Existing. PM--Peak-Hour Year--- Project ID: 5966 South Dixie Highway #06253 E/W St: SW 73 Street N/S St: US -1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound I Northbound Southbound L T R I L T R L T R L T R No. Lanes 0 0 0 1 0 0 0 3 0 1 3 0 LGConfig L LR TR L T Volume 1241 110 1 2152 127 128 3247 Lane Width 112.0 12.0 12.0 112.0 12.0 RTOR Vol 0 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1, 5 6 7 8 EB Left V NB Left Thru Thru A �4 Right J Right A £ Peds ' Peds WB Left A SB Left A A [. Thru Thru A A £. Right A Right Peds ' Peds NB Right EB Right SB Right ( WB Right -Green 18.0 102.0 5.0 is Yellow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 Cycle Length: 140.0 secs Intersection Performance Summary Appr/ Lane, Adj Sat Ratios Lane Group Approach Lane Group Flow Rate 1 Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound I, Westbound L 228 1770 1.36 0.13 246.8 F LR 204 1583 0.69 0.13 67.9 E 190.7 F 1•, Northbound 1 TR 3666 5032 0.70 0.773 11.1 B 11.1 B Southbound I, L 179 1770 0.1£3 0. E30 21.7 C T 4059 5074 0.92 0.80 14.6 B 14.6 B Intersection Delay = 25.0 (sec /veh) Intersection LOS = C i 6 -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY 'le'ral Information ISite Information I st DPA Intersection SW 73 St /SW 59 Ct nc /Co. Jurisdiction South Miami, FI Performed Analysis Year sis Time Period Existing PM Peak Hour :ct Description 5966 South Dixie Highway - #06253 West Street: SW 73 Street North /South Street: SW 59 Court section Orientation: East -West IStudy Period h'rs : 0.25 iicle Volumes and Adjustments )r Street Eastbound Westbound cement 1 2 3 4 5 6 L T R L T R me (veh/h), 119 17 7 371 2 c -Hour Factor, PHF 0.77 0.77 0.77 0.94 0.94 0:94 -ly Flow Rate, HFR 1 154 22 7 394 2 rh ent Heavy Vehicles 2 2 an Type Undivided :hannelized 0 0 ,s 0 1 0 0 2 0 iguration LTR LT TR ream Signal 0 0 ir'Street Northbound Southbound :ment 7 8 9 10 11 12 L T' R L T R me veh/h) 20 0 ; 13 2, 0 1 Hour Factor, PHF 0.75 0.75 0.75 0.75 0.75 ' 0.75 ly Flow Rate, HFR 26 0 17 2 0 1 ,h ent Heavy Vehicles 2 2' 2 2 2 2 ant Grade ( %) 0 0 ?d Approach N' N rage 0, :hannelized 0 0 S ' 0 1' 0 0 1 0 iguration LTR LTR Queue Length, and Level of Service oach Eastbound Westbound Northbound Southbound :ment 1 4 7 8 9 10 11 12 Configuration LTR LT LTR LTR h /h) 1 7 43 3 ; (veh /h) 1159 1398 640 466 6.00 0.01: 0.07 0.01 queue length 0.00 0.02 0.22 0.02 rol Delay "(s /veh); 8.1 7.6 11.0 ` 12.8 A A B B' oach Delay (s /veh) -- 11. D 12.8 oach LOS — B B ;ht m 2005 University of Florida, All Rights Reserved HCS +Tm Version 5.2 ` Generated: 11/21/2006 11:12 :AN 'C \ Documents %20and %20' Settings \SoniaS \Local %20Settings \Temp \u2k59AF.tmp 11/21/2006 Future without Project Conditions HCS +: Signalized Intersections Release 5.2- analyst: DPA Inter.: SW 73 St / US -1 ,gencyr, Area Type: All other areas )ate: Jurisd:' South Miami, F1 )eriod: °Fut wo Proj;AM Peak Hour Year Iroject "ID: 5966 South Dixie Highway - #06253 ;/W St: SW 73 Street' N /S` St: > US -1 SIGNALIZED INTERSECTION SUMMARY Eastbound ( Westbound ( Northbound ( Southbound I' L T R i L T R I L T R i ,L T R o. Lanes (' 0 0 0 ( 1 0 0 ( 0 3 0 1 3 0° GConf ig ( ( L LR ( TR (; L T olume (' 1163 75 ( 2610 98 13;6 1953 ane Width (' 112.0 12.0 ( 12.`0 112.0 12.0 TOR Vol ( ( 0 ( 0 uration 0.25= Area Type: All other 'areas Signal Operations hase Combination 1 2 3 4( 5 6 7 8 B Left' J, NB Left Thru ( Thru A Right (: Right A Peds (` Peds B Left A ( SB ' Left A A Thru ( Thru A A Right A (, Right Peds (' Peds B Right ( EB Right B Right (' WB Right reen "15.0 115.0 5.0 allow 4.0 4.0 3.0 L1 Red 2.0 1.0 1.0 Cycle Length: 150.0 secs Intersection Performance Summary ?pr/ Lane Adj Sat Ratios Lane Group Approach 5.ne Group Flow Rate :p' Capacity, (s) v/c g /C` Delay LOS Delay LOS istbound �stbound 177 1770 1.16 0.10 186.1 F 12 158;, 1583 0`.60 0.10 "70.9 E 149.8' F )r- thbound Z 3869 5047 0.93 0.77 19.4 B' 19.4 B >uthbound 168 1770 0.24 0.83 53.8 D,` 4228 5074 0 .52 0.83 3.8 A 4.7 A Intersection` Delay = -20.4 (sec /veh) Intersection LOS'= C 'wo -Way Stop Control Page 1 of TWO -WAY STOP CONTROL SUMMARY ;eneral Information Site Information -al st DPA Intersection SW 73 St /SW59 Ct enc o urisdiction South Miami, Fl late Performed Analysis Year -knal sis Time Period Fut wo Pro' AM Peak Hour :roject Description 5966 South Dixie Highway - #06253 :ast/West Street: SW 73 Street North /South Street: SW 59 Court itersection Orientation: East -West IStudy Period (hrs): 0.25 /ehicle Volumes and Adiustments Aa"or Street Eastbound Westbound lovement 1 2 3 4 5 6 8 L T R L T R 'olume veh /h 11 109 20 7 213 15 .leak -Hour Factor, PHF 0.73 0.73 0.73 0.79 0.79 0.79 lourly Flow Rate, HFR veh /h 15 '149 27 8 269 16 'ercent Heavy Vehicles 2 — — 2 0.01 Median Type Undivided tT Channelized 0.02 0 15% queue length 0.04 0 .anes 0 1 0 0 2 0 :onfig u ration LTR 11.0 LT TR stream Si nal .OS 0 A p 4inor Street Northbound Southbound Movement 7 8 9 10 11 12 - L T R L T R ume veh/h) 15 1 7 3 0 6 leak -Hour Factor, PHF 0.72 0.72 0.72 0.56 0.56 0.56 sourly Flow Rate, HFR veh /h 20 1 g 5 0 10 'ercent Heavy Vehicles 2 2 2 2 2 2 'ercent Grade (%) 0 0 dared Approach N N Storage 0 0 :T Channelized 0 0 .anes 0 1 0 0 1 0 ;onfiguration LTR LTR )eiay. Queue Length. and Level of RPrvir_a kpproach Eastbound Westbound Northbound Southbound / lovement 1 4 7 8 9 10 11 12 .ane Configuration LTR LT LTR LTR ,(veh /h) 15 8 30 15 (m) (veh /h) 1272 1398 630 665 'lc 0.01 0.01 0.05 0.02 15% queue length 0.04 0.02 0.15 0.07 'ontrol Delay (slveh) 7.9 7. Ei 11.0 10.5 .OS A A 8 g )roach Delay (s /veh) — - 11.0 10.5 .,proach LOS -- - g g opyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 11/2112006 11:13 de: / /C:\ Documents %20and %20 Setting s \SoniaS \Local %20Settings \Temp \u2k59B2.tmp 11/21/20( HCS +: Signalized Intersections Release 5.2" analyst: DPA Inter.: SW 73 St / US -1 kgency: Area Type: All other areas )ate: 3urisd :'' South Miami, Fl ?eriod Fut wo Proj PM Peak Hour Year ?roject ID: 5966 South Dixie Highway - #06253 :,IW St: SW 73 Street N/S St: US -1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound ' L T R, j L T R i L T R i L T R 7o Lanes 0 0; 0 1 0 0 0 3 0 1 3 0 ,GConfig ( L LR TR L T Tolume ( +246 112 ( 2195 130 129 3312 pane Width 12.0 12.0 12.0 112.0 12.0 ZTOR Vol 0 0 )uration 0.25' Area Type: All other areas Signal,Operations:, phase Combination 1 2 3 4 5 6 7'' 8 :B ? Left ) NB Left Thru Thru A Right Right A Peds ( Peds TB Left A SB Left A A Thru Thru A A Right A ) Right Peds Peds fB Right _g � ht Ri EB ' g B Right ( WB Right green 18.0 102.0 5.0 ellow 4.0 4 0 3.0 ' .11 Red 2.0 1.0 1.0 Cycle Length: 140.0 secs .. Inter "section Performance Summary .ppr/ Lane Adj Sat Ratios Lane Group Approach ane Group Flow Rate rp Capacity, v/c g/C Delay LOS Delay LOS astbound estbound 228 1770 1.38 0.13 257:7 F R 204 1583 0.71 0.13 69.1 E 198.5 F orthbound R 3666 5032 0.71 0.73 11.4 B 11.4 ' B'`' outhbound 179 1770 0.18 0.80 22.9 C 4059 5074 0.94 0.80 16.3 B 16.4 B Intersection Delay = 26.6 (sec /veh) Intersection LOS = C r(j_Way Stop Control ?age 1 of 1 TWO -WAY STOP CONTROL SUMMARY eneral Information Site Information °I st DPA Intersection SW 73 StISW59 Ct nc /Co Jurisdiction South Miami, FI ate Performed Analysis Year ,ialvsis Time Period Fut wo Pro' PM Peak Hour oject Description 5966 South Dixie Highway - #06253 tst/West Street: SW 73 Street North /South Street: SW 59 Court -Pr_ection Orientation: East -West IStudy Period (hrs): 0.25 ai ir-1A VnIiimPS and Adiustments a'or Street Eastbound Westbound :)vement 1 2 3 4 5 6 8 L T R L T R plume veh /h 1 121 17 7 378 2 ;ak -Hour Factor, PHF 0.77 0.77 0.77 0.94 0.94 0.94 >urly Flow Rate,, HFR ah /h 1 157 22 7 402 2 ;rcent Heavy Vehicles 2 — -- 2 - — edian Type Undivided r Channelized 0.01 0 5% queue length 0.00 0 Ines 0 1 0 0 2 0 Dnfiguration LTR 11.1 LT TR stream Signal OS 1 0 1 A 0 inor Street Northbound Southbound ovement 7 8 9 10 11 12 — L T R L T R me veh/h) 20 0 13 2 0 1 Bak -Hour Factor, PHF 0.75 0.75 0.75 0.75 0.75 0.75 ourly Flow Rate, HFR eh /h) 26 0 17 2 0 1 Brcent Heavy Vehicles 2 2 2 2 2 2 arcent Grade ( %) 0 0 ared Approach N N Storage 0 0 T Channelized 0 0 anes 0 1 0 0 1 0 onfiguration LTR LTR efav_ Oueue Lenath_ and Level of Service pproach Eastbound Westbound Northbound Southbound lovement 1 4 7 8 9 10 11 12 ane Configuration LTR LT LTR LTR (veh /h) 1 7 43 3 (m) (veh /h) 1151 1394 634 459 Ic 0.00 0.01 0.07 0.01 5% queue length 0.00 0.02 0.22 0.02 :ontrol Delay (s /veh) 8.1 7.6 11.1 12.9 OS A A B B roach Delay (s /veh) — 11.1 12.9 ,NNroach LOS — — B B >pyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 11/21/2006 11:13 E le://C:\D ocuments%20and%20 Setting s\S oniaS\Local%20 Setting s\Temp\u2k5 9 B 5. tmp 11/21/20( -Way Stop Control Page 1 of ' ght © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 11/2112006 11:14 AN /C:\ Documents %20and %20Settings \SoniaS\ Local %20Settings \Temp\u2k59B8.tmp 11/21/2006 TWO -WAY STOP CONTROL SUMMARY feral Information Site Information ll st DPA :nc /Co. e Performed II sis Time Period Fut w Pro' AM Peak Hour ect Description- 5966 South Dixie Highway - #06253 Intersection Jurisdiction Analysis Year SW 73 St /SW 59 Cf South Miami, Fl. VWest Street: SW 73 Street North /South Street` SW 59 Court section Orientation: East -West IStudy Period hrs : 0.25 iicle Volumes and Adjustments w Street Eastbound Westbound ement 1 2 3 4 5 6 L T R L T R ime veh/h) 11 109 55 19 213 15 k -Hour Factor, PHF 0.73 0.73 0.73 0.79 0.79 0.79 rly Flow Rate, -HFR /h 15 149 75 24 269 18 :ent Heavy Vehicles 2 — — 2 — — lan Type Undivided '.hannelized 0 0 1 0 1 0 0 2 0 figuration LTR LT TR :ream Signal 0 1 0 )r Street Northbound Southbound ement 7 8- 9 10 11 12 L T R L T R me veh/h) 16 1 8 3 0 6 < -Hour Factor, PHF ' 0.72 0.72 0.72 0.56 0.56 0.56 ,ly Flow Rate, HFR /h 22 1 11 5 0 10 ;ent Heavy Vehicles 2 2 2 2 2 2 :ent Grade N 0 0 :d Approach N N :orage 0 0 ;hannelized 0 0 s 0 1 0 0 1 0 figuration LTR LTR Queue Length, and Level of Service oach Eastbound Westbound Northbound Southbound ement 1 4 7 8 9 10 12 a Configuration LTR LT LTR ff15 ,h /h) 15 24 34 I) (ve h /h) 1272 1342 584 630 0.01 0.02 0.06 0.02 queue length 0.04 0.05 0.18 0.07 :rol Delay (s /veh) 7.9 7.7 11.5 10.9 A A B B 'oach Delay (s /veh) -- -- 11.5 10.9 •oach LOS — — B B ght © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 11/2112006 11:14 AN /C:\ Documents %20and %20Settings \SoniaS\ Local %20Settings \Temp\u2k59B8.tmp 11/21/2006 HCS +: Signalized Intersections Release 5.2 Analyst: DPA Inter.: SW 73 St / US -1 "Agency: Area Type: All other areas Date: Jurisd: South Miami, F1 P- eriod: Fut wo Proj_. _PM- Peak Hour _ . - _ Year_Project ID: 5966 South Dixie Highway - #06253 E/W St: SW 73 Street N/S St: US -1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R I L T R ( L T R No- Lanes 0 0 0 1 0 0 0 3 0 1 3 0 LGConfig L LR TR L T "Volume 1251 118 2195 138 133 3312 Lane Width 112.0 12.0 12.0 112.0 12.0 RTOR Vol 0 I 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 !. EB Left NB Left Thru Thru A Right Right A Peds p Peds WB Left A SB Left A A l Thru Thru A A i Right A Right Peds Peds 17B Right EB Right 3B Right WB Right - ireen 18.0 102.0 5.0 ! 'f'ell'ow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 Cycle Length: 140.0 secs Intersection Performance Summary ,Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate I Grp Capacity (s) V/c g/C Delay LOS Delay LOS I' Eastbound t, t. t Westbound L 228 1770 1.41 0.1.3 270.5 F LR 204 I 1583 0.74 0.13 72.2 E 207.2 F Northbound I•TR 3664 5029 0.72 0.73 11.5 B 11.5 B ('Southbound I,L 179 1770 0.21 0.80 24.6 C I T 4059 5074 0.94 0.80 16.3 B 16.4 B Intersection Delay = 27.5 (sec /veh) Intersection LOS = C i -Way Stop Control Page 1 of ght © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 11/21/2006 11:29 AN ' /C:\ Documents% 20and% 20Settings \SoniaS\Local %20Settings \Temp \u2k59CC.tmp 11/21/2006 TWO -WAY STOP CONTROL SUMMARY feral Information Site Information st DPA nc' y /Co. Performed i sis Time Period :ct Description 5966 South Dixie Highway - #06253 Intersection Jurisdiction Analysis Year ' SW 73 St / SW 59 Ct South Miami, F1 /West Street: SW 73 Street - North /South Street: SW 59 Court section Orientation: East -West IStudy -Period hrs : 0.25 icle Volumes and" d'ustments ►r Street Eastbound' Westbound ement 1 2 3 4 5 6 L T R L T R me veh/h) 1 121 30 11 378 2 (-Hour Factor, PHF 0.77 0.77 0.77 0.94 0.94 0.94 -ly "Flow Rate, HFR Ih 1 157 38 11 402 2 :ent Heavy%Vehicles 2 — — 2 — !an Type Undivided hannelized 0 0 s 0 1 0 - p 2 0 figuration LTR, LT TR :ream Signal 1 0 1 1 0 )r Street Northbound Southbound ement . 7 8 9 10 11 12 L T R L T R me veh/h) 31 0 19 2 0 1 c -Hour Factor, PHF 0.75 0.75 0.75 0.75 0.75 0.75 1y Flow Rate, HFR Ih 41 0 25 2 0 1 ent Heavy Vehicles 2 2 2 2 2 2 ent Grade ( %) 0 0 ;d Approach N N :orage 0 0 ;hannelized 0 0 s 0 1 0 0 1 0 fi uration LTR LTR Queue Length, and Level of Service` -oath Eastbound Westbound Northbound Southbound ement 1 4 7 8 9 10 -11 12 Configuration ' LTR LT LTR LTR :h /h) 1 11 66 3 i) (veh /h)` 1151 1375 616 '` 442 0.00 0.01 0.11 0.01 queue length 0.00 0.02 0.36 0.02 trol Delay (s /veh) 8.1 7.6 11.5' 13.2 A A B B *oath Delay (s /veh) — — 11.5 13.2 -oath' LOS — - 8 B ght © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 11/21/2006 11:29 AN ' /C:\ Documents% 20and% 20Settings \SoniaS\Local %20Settings \Temp \u2k59CC.tmp 11/21/2006 CF)z c C/) m �Z s � cn C O x 0 m _ /•�� /_ U.� D' -C X p i cn O C 2 Ial®• D -n oz S.W. 59th PL i En A In m m 21 Jp IL o— —� — z� E 5 o It Q� VMS IR o x U 1 V C C R P O B d i R7 It fFL08951j ��Ta Fd0, SUL'E G50, PALMk? J06233.3J26 aes!gq &m�2dY, RON.'Dd gJtg7 traAh•NlceNp•e.co 7 L mz I �imt $0 m s= 1 � n�yd" 0 ppgB5 ; bm 3y ss � Cf) N'gQ_ — �4��o =ag 'q Z i�z rm��m r�o5 �i 12� gill I4 o s mE m g Io z O8 g H9 € o 3g z ? H I °° c � g r MR I 8t M oil y z � a ° �d Ox m• 1 0 0 mm i Oq^ J i ��S$�'• y m Ow mrn X •�q�S vi Ty rnmp('� pw aO a4 'Q C 9 A� Z ®® Zn m� z� E 5 o It Q� VMS IR o x U 1 V C C R P O B d i R7 It fFL08951j ��Ta Fd0, SUL'E G50, PALMk? J06233.3J26 aes!gq &m�2dY, RON.'Dd gJtg7 traAh•NlceNp•e.co 7 L mz I �imt $0 m s= 1 � n�yd" 0 ppgB5 ; bm 3y ss � Cf) N'gQ_ — �4��o =ag 'q Z i�z rm��m r�o5 �i 12� gill I4 o s mE m g Io z '00 2tn M m C L o 2 0m�� O z O y O p O p Y 7C y � n u U'f u ca L2 Q• Lo tf 8Ole (Iuc ° O rn ' �gR Q = I I zjoN00 °27'0011E ,6 / N� P 30.00' 20'CL W S m T O o T N Ln C.,ogm D a �". c N v chi C.c�JiC I o rm N z, �Q O W 7 to CL r� n x 3 12. 5 P. W i'Y F - 5O0°4T . 92.89' :•:•:• ------- ---- - - - - -- 'Y \` T \ C, ol C�s \• 4\ \,�'�; / � >:������ .::'`�����• icy �': NAN l y 59th PLACE:::: F; • I 1.``''`' ' ''`'` ` ` `' WIT rn ��j rile :•:.: : � \ ��°..s..' ^_ �S •.•.•;• '':': ''' N D ?� rn Y .$ 5' CRETE 51 Ml( :'v�.L LL;...l- ,.1.:L-- - - - - -_ Z .• �'•::::; J.IffERED PARKIN •• •, :- :.:;:;,.: ... a •••••.•.;:• 95.55�..;:;i;i;i;i;i;si;i;i. U. ,YC .d,iis6u'rik-'�E:�:i:;:�i:i: Y • PA/WJ -} -. rs•-r +-ice -i- .� . . . . ::::::::::::::.•..S.W 5 nth +COUR T - - -- X45' TOTAIAL KW ----------------•-------------.------------- fall ST gg I�g qgqg qq o c� a sW $Y�F gr ��` ®r { ��77vop,A�°�° oAA°� �rn�oot°oO�vy�yrn D_Nin,cn� y >� NC�A rI C rn On �, �•. � °C Ziil O rn O(rn��I' >O -Crn�ON „� D 4 � Nlfi ° m �mg� -I y �rn� �m ° °���°aQ —gN ^roil °U6 rn�nvg� rnzT� o•vUl =• CQ� -< �, 00. nr-}i rnm (rjrnO° (!t" z'"z ➢scdrnulrn z� �0�0 55�I12m?2zz9 zZ_vo O0Og z rn.jjpp� v(gN]�111l1I7000Z� Ul Byrn �50777N��� c Ow y s 00 C O D 11rnr cn z 'ng n �Y rn r l~il- i0e =00 p N ((yynnnn, 2 =DQ. c lSNO 00��y2 DD~ 1yOzl 5~ L(n chOrn -mO 0p v �o4�1m(m o c rn ���p^squal N �4S m'g' 51 O �C 1A�Ornr m N prn D rn ^I O=1Z C�R�AP y�pQr �o��A? go�i 5!a zul to �°aZ��cgnZrn cn c,. kA 7pv � rn[e��pzN X(n0 ��°nzAT0 n�tn p- iD^�_OMNAO3yN� BgZ - �iIZUNi so 6 06 �?zF-y CZYrrq so C S rll [7 Orn •11 yoy �^z�a °o°oIQ ~� s��? �S� O �7 Z ~1 �r��+1 V Zhl40 £5!. rn Z O D a y O I Dy p A a �rn glpn� I ICA 00 6, I I zjoN00 °27'0011E ,6 / N� P 30.00' 20'CL W 'Y \` T \ C, ol C�s \• 4\ \,�'�; / � >:������ .::'`�����• icy �': NAN l y 59th PLACE:::: F; • I 1.``''`' ' ''`'` ` ` `' WIT rn ��j rile :•:.: : � \ ��°..s..' ^_ �S •.•.•;• '':': ''' N D ?� rn Y .$ 5' CRETE 51 Ml( :'v�.L LL;...l- ,.1.:L-- - - - - -_ Z .• �'•::::; J.IffERED PARKIN •• •, :- :.:;:;,.: ... a •••••.•.;:• 95.55�..;:;i;i;i;i;i;si;i;i. U. ,YC .d,iis6u'rik-'�E:�:i:;:�i:i: Y • PA/WJ -} -. rs•-r +-ice -i- .� . . . . ::::::::::::::.•..S.W 5 nth +COUR T - - -- X45' TOTAIAL KW ----------------•-------------.------------- fall ST gg I�g qgqg qq o c� a sW $Y�F gr ��` ®r { ��77vop,A�°�° oAA°� �rn�oot°oO�vy�yrn D_Nin,cn� y >� NC�A rI C rn On �, �•. � °C Ziil O rn O(rn��I' >O -Crn�ON „� D 4 � Nlfi ° m �mg� -I y �rn� �m ° °���°aQ —gN ^roil °U6 rn�nvg� rnzT� o•vUl =• CQ� -< �, 00. nr-}i rnm (rjrnO° (!t" z'"z ➢scdrnulrn z� �0�0 55�I12m?2zz9 zZ_vo O0Og z rn.jjpp� v(gN]�111l1I7000Z� Ul Byrn �50777N��� c Ow y s 00 C O D 11rnr cn z 'ng n �Y rn r l~il- i0e =00 p N ((yynnnn, 2 =DQ. c lSNO 00��y2 DD~ 1yOzl 5~ L(n chOrn -mO 0p v �o4�1m(m o c rn ���p^squal N �4S m'g' 51 O �C 1A�Ornr m N prn D rn ^I O=1Z C�R�AP y�pQr �o��A? go�i 5!a zul to �°aZ��cgnZrn cn c,. kA 7pv � rn[e��pzN X(n0 ��°nzAT0 n�tn p- iD^�_OMNAO3yN� BgZ - �iIZUNi so 6 06 �?zF-y CZYrrq so C S rll [7 Orn •11 yoy �^z�a °o°oIQ ~� s��? �S� O �7 Z ~1 �r��+1 V Zhl40 £5!. rn Z O D a y O I Dy p A a �rn glpn� CD CO) Ot 0 �•+ •p tD c C) M N E w " - O " C C (C � =r (D S 0 �C x d ((D W C) =. _. a CL 7 K N 0 N CD N O c0 W V O Cn�P, A W N O '0 °< -n O 3- D ma s n w s 1 t( C rn •0 o r v 0 v> cn m ri 1 v m w 0= 0 vCD o -o � o w T w C, o o o a o (D , fl C �- C w C c p CD< 3 (D p "O CD n (D CD w w y D. CT ' N D1 jn N '3 j• O. 7 (Cn CL 7 "OO O c 3 CL w V CL < O 0 p- 7 (D "" N- C ((D cn N rc c ° ,p so CD o p. C M _ ELF rn ?. o Cp .� CD m Q S ° � (D (a =1 O n ° s N fn' 7' q- (D (D c w 3 CD CO OCD X CD O y a O w . N 2 (Da w a CD 0 C v O ro . V7 c a m N CD 0 CD CD N CD (D M `G •G •< •< N ) ° m m CD m cn <; < o CD �•.�, y 3 A 0 cn O y w 0 CA O 3 v v v Qv o CD CD CD CD CD CD CD «; 3 CD 1; 0 7 . c6 0 x x x x x x x x � 7 7 ate;' O x— 3. N W 7 7 7 X e� X X X X X O C x y ° F 0 p C- C (D x X 7 X X X n ° -I 7 y � \, r' = O X X X X X x X X X X X CD m .ti 0 CD ° Z D 7 0 o o o Z o o c3i 0 Z Z p- - a 7 co a a 7 (D a CL 7 pp a 7 a D 7 CL 7 C a y 7 D D O O p 7 O p O• C) O 0 7 N N O w m 7 rn 7 y 7 w 7 90 7 •Cwt o w V 3 a w v m - - m 3 3 CD 7 7 w a s (7D F• O W w w 0 .O Z y w C O O 3 n p w O S S S O w 7 w S °' a 3 •D w w "0 w O (n 3< 0 (O o y c 2 3 c C W O 7 O- 7 CD S C C V y y C1• .� �• 'O 7 �, N �. 7 ` (D f0 y(D N O N 3 C• 7 7 7 fD y" 3• y w ti. W a 3 O @ 3 v n D a O (��� N O O O N O O O K C O I o 3' CD 3 N CD CL (° O 3 '(1 CD w 7 N n •°". M N O -O 'D (D 0, p O 7' 'O• 7 N 3' j 7' 3 3 (D O y w O y .S. d fD w 3 w A (D w= O 3 0 N N N y fD •O 7 (D s 7 (D co G (D ^, S 3 a O w w (D o C O 0 3 0 j 7 .. 3 w O 7 w O a ° c N CD 7 C� N (D O w ' y (D n N N O �. v Cp S D. N C 3 y (Q N Q N- F - N d N d a < V SV C D. ry= N w= CD 0 A N p CL <.0 (D y C y - CD w CS in "' 7 N p S F. w a 7 w= w w 7 f0 `� 7 -p O C y N CD z w (D Z (D t0 p 7 w O N 0• CL a y a O w. 7 w .0.. a O N is w CD p D' g m �� o= �. m m s 7 -,D CD w ;c 7 O ur a -0 -O �. < 'O m N 'O G o a�� 2 3 < -O moo(° z o CL O N CD CD CD w N T 0- C O. O '< 0 0 CT j O, CD C (n � O s y �- - O. CD < � N N 0 N N O a 7 ?= (D (D O N O a f, *� � w 0 'O CD 7 a (O S m a °- 'v m 0 CD 01 m 3 O w a? (D CD m m N m 3 (D � r. m M 3 CD °-' CD 3 m .7r. i11 7 7 w O C? O w N 1 7 D �_ ° y 3 N N (D w y A .7-. NO w. CD 7 3i w O° Cw/�l 7 w. 17 w. fD � ry 7 w O 7 O w c0 —,S, W 3 Cn a n y w D�j O OV C j 7 C a () O 3 Er O 0 w 0 �j C .ta �_. O O w w O_ 7 O C < rtl CD CD (D S w w 7 Q p O S 7 CA O w 0 �`' 3 7' v C w °7. v (D 7 N N N V v t0 y N S C 7 o O D�—j < 4. 7 CD 3< CD s CD C CSD N CL D i m co CD O O N a D' CD -n C D O w 3 1 O y 7 3 w S m CD 7' V (D S m w 7' 3 S m o 'O 1 C 3 D �'y w 0 (D w 0 w N w C C S .w-. (D < y 0 C (D 3 N (D ,yti, 3 CD 3 (D .••. O y y w CT 3 CSp m y p y a w vy v n v, c m O Q(�oo v 'O N N 41 O. (A N d CD D y �_` N 3 w D 'O 7 D n o> y C W -° y "' -° N A w w -° m "� '6 CD N N N X- A' j-,o N n 3 O (a N a y O (7 < w (-1 .••. O ^ < (�� (7' O 7 O �- N n OW AN C N -p 7 p n y 7 �.' (l1 w n< .7.« O CD .3•. ? 7 .3•. /D j A O w< rt v� (D w V \,' S C �• N '-'.` C -O D a 0 �_ 7 yJ N N CD N < '-I N m 'm s� w p N S S w m y spy (D No y m V n 3 3 W U2 O V n w = m 9' 7 O a m� N CL yn 9' m° w CD 'O �. m vw O \ N w Er p CD C o N S E@- a "y0 7' (D .y-. 0 v CD O- O (D Q. S 'O O N O f� -R 3 N CD N y f0 N y N w -O (D N (D (D N Q p .0.. j' a 3 (O CD w (D _ _a a y N C w 3 0 CL _0 y y Fw �' ° =b 3 A CD O- S W Dl -O 3F r. =r fD y 0 LA. CD CD N< -O S y S O .< 3 Q N g 3 0 CD (D 7' w 0 0 ,`i C O N ^� O N 7 '-" p O S -0 n 'O j (D M c.. -O N -6 O U 3— O w w N' .w-. < w -rI .0•.. < C T S 'C" p CD m O (D O C .-. N 3 3i 0 V v (D ,O O fD 3 CD .y., 7 0 a d O• N O S 7 01 O y N --I n fD y (D N N A `° K C 'O n 0 CD a W 0 0 w C CD a S N ' r A CD 1 •G y 0 Daj O O 5 CD 0 y °oG) 7-CK 01 m 31 03 C7 CD s CC '^^.. N* f� M N CC C S cr y w O i ID A N p CD 0 .-.. N m N 3. O N EP w 3 3 CD w 3 3 is CD .0.. N fD 0 N C N D? SD �`; w w uk 7 S CD CD ••-• Q C Q C S 7 0 N O CL CD 0 n 3 Ep w a Q 0) N '� CD p V CD y CL ID R,* N CD � � = CD w O y -O CL t<rP w w •_� CO CD ? w n- S ' fD -O 3 O f7 0 a y (O 0 w (D CL �• (D O 3 o•7 Q y N C� w C w ° 0 < n CD N i� 3 w < CL CL y CD a- N O O O w cn (D y S N 7 (D (D /D O 0 N C O CL 03 w cr CD Y' �' < j CD - 0= ENi w n ,is. p y 3# = y 7 a (D 07i' w 0 p C fD CD (n 7 pw) cn cn ;' s 0 1 Z 0 o -^ s M. T w - p CD x m a < N w0 CD CO) Ot 0 �•+ •p tD c C) M N E w " - O " C C (C � =r (D S 0 �C x d ((D W C) =. _. a CL 7 K N 0 N @ y 0 Q CD 0 @ °m 3 @ 7 N cch u) cn 0 C n �0 N U ch " a - O cl) O 3 c O U3 CD S rt U) � K. p) CD N W 3 O O fD 3 X N rt O 7 N 3 N.... O ...� r pz o. m o m CD v 7 c@i < _< a � a_ C N Q CD o < [m� 3 a y @ 7 Q < y W .7-. O 7 0 3 S y Q a o o. @ o CD co) m m d m r• CD a a i @ Q v n o. N (1) 7' '° 3 @ O a N @ M C@) 0 O 7 7 F o O f O Err CD c y m Q 7 :E (a 3 3 o Y Q < CD 7 c° a W @ 7 o s» 3 W � CD m 0 cn a'd ,. CD 7 @ 0 CD Q (a . O � (n CD @ O a O O O O O O p 3 3 .; 3 3 3 3 3 3 3 3 3 3 3 3 3 O O 7 O 7 7 7 7 7 0 -- U ID . O co �'� N N - CD CD CCDD CD CD CCD D CD O U) 0 F x O F 0 O @ 7 fit, (D X ;.X X •`X X X X X �s �j N W O W C 7 7 p: 7 Q 7 x x x' x x x x x 0 cr " ci X X W x ,., O 7 "A� y G = O 7 .. X t ., X X X X X X X CD @ O a @ o 7 z D o o � 0 j w 0 j n 7 v Q 7 Q 7 Q Q Q 7 Cl N'O ° T. O D O < 7 7 v v 7 7@ (b fD 7 O 7 fn 7 47 7 O @ O 3 a F O C11 OD 7 3 7 d O- C N O W W W 7 U) (7 0 0 CD 7@ Q 7. D �- y o N 7 Q 7 0 3 CD ° D (SD D N O 7 ,7 A y 3 fD a a m c m •p �. ,� S a @ -op S o o 0 V (D @ � '(a(0 E o O 3 N n o o O 7 y CD -jj (a E; O N O l W O O O@ j j CD C5, j @ p 7 Q Q < Q W L-O W ^_ a W W a @ a y p `< n @ a v c a as n f a 3 m f (o a N ID @ .7.. .7.. d ��: S n. @ ;. W @ y W 3 7 R. .W-. < 7 * O CT O N .V. C N J S 7 01 @ N O N@ ° F (D ? �.. S O N@ CD Cp 7 y O j N O 41 N O @? 7 A �. o O NO S C CO N -•i p O O 7 @ CO v N N 3 CD (3 v m m 3= @ °-' � 3 °- o`, (o m (n - y CD s @ ca CD N N C O CD N 0 W C7 < ,7„ W W° @ 0< �- v Q ', Z S 0 v Q W @ CD O N O M 0 O N 3@ m co C a o y@@ y O- -O 3 C W 3 y @ I.n .7-. y N W % CC CD CD m y - @ 7 CD N 3 a m y E-r 7 7 3 � W 3 W 3 m (' o °-' ° 3 Sr a p !D CL a @D Q 7 j O O N O a7. 7 a 0 3 W �. ,,,yt A y N O CD CD e1 y N O N• n y CD �. �. .@.. 4•... 7 = t,. O @ C CD N y 'CO C) V O O O 7 y CD CD S y@ W 7@@ a s @@@ 7 O Q CC 7 p G Q@ O a ---I A W ° @ O p a (D S C< @ L x• n 3 o a (n p a y m W N@ N< 3 3 n. x n 7 n m '� x N CD (n W CD. @ 0 p O 7 3 D-' n �• 3@ 7 O ,, N O 7 C@ O C 7 0 O �, O O7 CD @ DI Q N N N CD < @ f0 3 (O O° a Q C (O o 7 y Q (n CD N p O. r %. 7 •,, S W 7 @< N 3? CD @ C 7 O S O o N S N C S Q�T a@ a �, O fl) W O N 9 @ Cr O@ O S y 7 O F O 7@ p W W 0 •' N° Q @@ �- 3 v p* 0 =r 3 3 p p W N � o N S j- n- 7 p W Q (Q 7 j• CD N CD 'O @ "" 7 p 7 rt C C a .D N 0 fn W p O- 7 7_ V N W C E n f W o 00 (O @ A( 7" @@ a 7 �.. - p 3 'O O S w CD N O W ?i 7 fn S O (D• Q 3 S cr CD S @ N@ 7@ CD a -°O j• Q J S C S W y@� D @ 7 CD �. W @ a W � @ S Sv 7. (a Cyr ` W N 3@_@ CD O a = W W CD , C (7 @ W N 7 a S y p D 27 { @ 3 W< �. $ O �. < cn M 7@.' (j y Cr ,Vp (p N N (@j N S W N N N y 7 n 'ap CD 3 C N 7 S Q@ 67 §' '7r. a@ @�@ D1 W ,@7. y p (n N lF 3. v 7r a O@ y CD S a y Q CD 3 y j 7- n. (n Q 7 (O 7 N O @ 3 c X y y @@ CD @ F. a y O V Q Dt O S C=,' 7« C (i @ a � C O< 7 CD N CD @@ y O O N 7 C @ C O W o y@ (n (A O 3 �. Q S �- 7 N 7 cn Q (n O O y =i S CD@ @ Q S O O@ D- D CD 7 O 3 .@.. (yn '°O D 7 (n W @ r, CD n- W W y J CD s 3 In N w@ Q@ (�jn 70 O p a -O Q p U a a @ W 3 .n-. '• S @ O @ a N CD 7° (O @ S CD 0 y D ^� p) @ `� O@ V UID rt p CCj y O Q 7 CD W a p Y Q 7 N p ,,.. W 7@ (D -0 a ( 3 N �. N 'W' 01 W U) N a `G a S �i a J O a .A-. O a @ () 'O .A» 7 U) S @ y 7• @ .7-. C C G' .@.. a 3 Q y a C .y-. W O y 0. 7 m 7 7 7' 2 �- 7 F (° a v N C 0 3 O a S O o co 3 7» (D 7 o Q �. @ a C 7 S. co l . 7 to Q c D O y y y? �•� s 9@ (0 to W @ O a @ D) D) c m o m° - v m @ n fM C CD CD @ W 7 Q a 3 C �- n Q 3 m (D 7 Dpi E; my(� <@ .: n c� CO 3 CD - mw f° W CD v o Co Q 3az 9 m CD (o (°>CDQ7mf° NW N N (Sp 3 Q (D O -ID x Cn S SR 3: CD 7 W@ Q ). D N• N Q N< O W 7 Q N O' O@ n v a y T. @° Q o Z y -� - s -1 cr �. 3 W p 3 C7 �` � :'. 'O O p a CD n N �2 `W< N N O. 3 3 (p a V @ a CD O @ O. Cr N to Q p T@ x C- 3. � � Ni 3 7 (D W @ .-r 7 W S p a@ .-n @@ W 3 fD O � ,7.. (D �< W 7 t0 @@ 7 f K S CD ( Q N 0 0 0@ j n' 7 C/) N 2 N (D Q (n CD CL d O O N = N Cr @@ @ N W. <, @ 7 CD O @ @ y 0 Q CD 0 @ °m 3 @ 7 N cch u) cn 0 C n �0 N U ch " a - O cl) O 3 c O U3 CD S rt U) � K. p) CD N W 3 O O fD 3 X N rt O 7 N k @ CO) CA n rC) ■E @0 -0�Ko BCD ;cv@ $2 ƒm CD CD ID a� - 0 0 - 3]� X22 ,CL x & § ■ AGREEMENT AFTWF.F.W THE CITY OF SOUTH MIAMI, FLORIDA AND 64 DEVELOPMENT CORPORATION THIS AGREEMENT is made as of March , 2007 by and between THE CITY OF SOUTH MIAMI, FLORIDA a municipal corporation ( "City ") and 64 DEVELOPMENT CORPORATION ( "Company ") or its assignee. RECITALS 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 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 WHEREAS, the city commission of the City of South Miami has implemented the Act and therefore permits the consideration and the adoption of this agreement; and WHEREAS, the Company owns approximately a parcel of property approximately 31,523 square feet in size, zoned SR(HD -OV), located at 5966 -70 S. Dixie Highway described in Exhibit "A," (the "Property "); and WHEREAS, the Company desires to construct a mixed use development encompassing a four story building for retail and office use as described in Exhibit "B," (the "Project ") in the Hometown District Overlay Zone within the City of South Miami. Page 1 of 17 WHEREAS, the Company submitted Application No. PB -06- 033 requesting approval for three special exceptions for lot coverage, maximum building square footage, and curb cuts necessary to construct the Project. WHEREAS, the City Commission has determined that in order to mitigate possible impacts of the proposed project on the surrounding neighborhood that the Company shall comply with the conditions set forth in this Development Agreement. WHEREAS, the Company and the City of South Miami Public Works Department will enter into an agreement to address in detail the Department related issues. 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 shall be 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 "C ". 3. Effective Date; Duration of Agreement. This agreement shall become effective upon execution and shall be recorded in accordance with paragraph 35. of this Page 2 of 17 Agreement This agreement shall terminate ten years from the effective date of this agreement. The maximum period of this Agreement permitted under Florida Statute 163.3229 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. 4. Use of Property. The property described in Exhibit "A" is to be utilized for the project described in Exhibit "B ": a mixed use residential and office and retail project. The proposed building shall not exceed four stories or a maximum height of fifty six feet. The overall development of the property shall be conducted in accordance with the approved site plan on file at the City. 5. Public Facilities Serving the Project. In order to enhance public facilities in the City of South Miami, and to address the impacts of the proposed development on the adjoining neighborhood, the Company agrees to enter into a subsequent agreement with the City to provide improvements in compliance with Section 20 -4.1 of the LDC, including roadway, sanitary sewer and so.-Lid waste, prior to the issuance of a certificate of occupancy. However, the City may issue a temporary certificate of occupancy to the Company if the Company has begun the work at issue and posts a bond to insure the completion of the work. listeel el belew in eefftplianee Seetien 20-4.1 ef the —T9G, inn, ,, ,_r - J - Page 3 of 17 (b) Sanitary .SewpLcs Water- S ,weL= seL =view that ee,tp y with all Gev.ti ti eate e Vse anel - _fiee�ilea11ey. Y 6. Concurrency. The City of South Miami has determined that the Company's performance under this Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the site plan application and this Agreement are consistent with the City's Comprehensive Plan and Land Development Regulations. 7. Permits. The permits preliminarily identified as necessary for development of the project are described as follows: (a) Special Exception to permit 26,833 square feet floor area at the ground floor. (b) Special Exception to provide 85% +/- lot coverage. Page 4 of 17 (c) Special Exception to provide an additional curb cut along the property's frontage on S.W. 59th Court. 8. 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) The Project. shall be consistent with the site plan submitted with the special exceptions incorporated in Exhibit "C ". (e) The Company shall provide the Department of Planning with a temporary parking plan, including an operational plan, which addresses construction 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 as part of its approvals of the special exceptions referenced herein shall be incorporated in this Agreement. g) The Company shall fund and implement traffic calming improvements along streets abutting the Page 5 of 17 property. These improvements shall be set forth in detail in the agreement with the City referenced in paragraph 5 herein. h) The Company shall cooperate with the City and implement the conditions for the development of the Project as set forth in the conditions of the special exception approvals as well as this agreement. i) The Company shall present for Department of Planning approval a landscape plan for the Project. No building permit shall be issued to the Company for the development of the Property prior to the City approval of the landscape plan. All proposed landscaping within the right -of -way abutting the property shall be submitted to the Public Works Department for review. The Company and its successors agree-& to maintain the landscaping and. accompanying irrigation -in j) The Company shall use brick or concrete pavers along the Property's frontage along U.S. -1. k) The building's parking shall be available to the general public for public parking during the evenings and weekends subject to the Company's right to designate the hours of operation and parking rates. 1) The Company shall develop an incentive program to promote the use of Metro -Rail by all employees during peak hours. m) The Company in cooperation with the South Miami departments of Public Works and Planning shall erect directional signs and traffic Page 6 of 17 directional structures in the exits of the parking garage and within the public right of way to guide exiting traf =fic away from abutting neighborhood roads to U.S. 1, during peak hours. n) The Company in cooperation with the South Miami departments of Public Works and Planning shall install traffic: calming devices within the abutting public! right of way to assist in the movement of traffic away from the adjacent residential neighborhood and to U.S.1 during peak hours. n) The Company shall coordinate with the South Florida Commuter Services to promote carpooling. 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 1.63, 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 retail and office development, as set forth herein, is consistent with the "Mixed -Use Commercial /Resident=ial (Four Story)" designation on the future land use map, and the HD -OV zoning district on the Official Zoning 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. Page 7 of 17 10. Vesting. As long as the development on the Property is in compliance with this Agreement, and all applicable laws, ordinances, codes and policies in existence at the time of the execution of the Agreement as well as other requirements imposed by the City Commission upon the ratification of the site plan approval 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, 'Perms 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 requirements, conditions, terms, or restrictions. 12. Duration of Permits. 'The Company acknowledges that this agreement does not extend the duration of any permits 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 :Page 8 of 17 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. 14. Termination. Prior to commencement of construction of the Project, 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 Agreement. A AA 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 the exception of monetary breaches which shall be cured within thirty (30) after receipt of notice. 15. Assignment. This 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 Agreement shall be binding upon the successors, assigns, and representatives of the parties hereto. An affiliated entity is an entity of which 64 DEVELOPMENT CORPORATION or a majority of its shareholders, :Page 9 of 17 directly or indirectly owns at least 510 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 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 shall inure to, all successors in interest to the parties of this agreement. 19. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this agreement. 20. Applicable Laws, Jurisdiction, and Venue. This agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of Florida without Page 10 of 17 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. 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 250 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 South Miami, or its agents 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 but 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 Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies Page 11 of 17 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 Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this 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 the Company's legal, valid and binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions, suits or proceedings pending or threatened against or affecting the Company before any court or governmental agency that would in any material way affect Company's ability to perform this Agreement. (d) The 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. Page 12 of 17 (e) The Company has the financial capacity to pay or advance to the City all fees and payments as required under this Agreement. 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 the 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 wa=iver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 27. Annual Report and Review. It shall be the responsibility 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. 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 Page 13 of 17 least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The city commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the 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: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 For the Company: 64 DEVELOPMENT CORPORATION Attn: Copy to: W. Tucker Gibbs, Esq. 215 Grand Avenue Coconut Grove, Florida 33133 29. Exhibits. All exhibits attached hereto contain additional terms of this agreement and are incorporated herein by reference. Page 14 of 17 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 stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 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 this Agreement, if such date shall fall on a Saturday, Page 15 of 17 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 Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. PASSED AND DULY ADOPTED by the city commission of the City of South Miami, Florida, this day of , 2007. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY AGREED TO this day off February, 2007. Page 16 of 17 Witnesses: Print Name Print Name STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) 64 DEVELOPMENT CORPORATION President The foregoing instrument was acknowledged before me this day of , 2007 by who is personally known to me or who produced as identification, on behalf of the corporation. My commission expires: Draft 2 -3413 -2007 Reviewers: Ajibola Balogun, Public Works Department Luis Figueredo, City Attorney Julian H. Perez, Planning Department Sandy Youkilis, Planning Department W. Tucker Gibbs (2- 13 -07) (2- 15 -07) Page 17 of 17 AGREEMENT AFTWF.F.W THE CITY OF SOUTH MIAMI, FLORIDA AND 64 DEVELOPMENT CORPORATION THIS AGREEMENT is made as of March , 2007 by and between THE CITY OF SOUTH MIAMI, FLORIDA a municipal corporation ( "City ") and 64 DEVELOPMENT CORPORATION ( "Company ") or its assignee. RECITALS 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 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 WHEREAS, the city commission of the City of South Miami has implemented the Act and therefore permits the consideration and the adoption of this agreement; and WHEREAS, the Company owns approximately a parcel of property approximately 31,523 square feet in size, zoned SR(HD -OV), located at 5966 -70 S. Dixie Highway described in Exhibit "A," (the "Property "); and WHEREAS, the Company desires to construct a mixed use development encompassing a four story building for retail and office use as described in Exhibit "B," (the "Project ") in the Hometown District Overlay Zone within the City of South Miami. Page 1 of 17 WHEREAS, the Company submitted Application No. PB -06- 033 requesting approval for three special exceptions for lot coverage, maximum building square footage, and curb cuts necessary to construct the Project. WHEREAS, the City Commission has determined that in order to mitigate possible impacts of the proposed project on the surrounding neighborhood that the Company shall comply with the conditions set forth in this Development Agreement. WHEREAS, the Company and the City of South Miami Public Works Department will enter into an agreement to address in detail the Department related issues. 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 shall be 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 "C ". 3. Effective Date; Duration of Agreement. This agreement shall become effective upon execution and shall be recorded in accordance with paragraph 35. of this Page 2 of 17 Agreement This agreement shall terminate ten years from the effective date of this agreement. The maximum period of this Agreement permitted under Florida Statute 163.3229 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. 4. Use of Property. The property described in Exhibit "A" is to be utilized for the project described in Exhibit "B ": a mixed use residential and office and retail project. The proposed building shall not exceed four stories or a maximum height of fifty six feet. The overall development of the property shall be conducted in accordance with the approved site plan on file at the City. 5. Public Facilities Serving the Project. In order to enhance public facilities in the City of South Miami, and to address the impacts of the proposed development on the adjoining neighborhood, the Company agrees to enter into a subsequent agreement with the City to provide improvements in compliance with Section 20 -4.1 of the LDC, including roadway, sanitary sewer and so.-Lid waste, prior to the issuance of a certificate of occupancy. However, the City may issue a temporary certificate of occupancy to the Company if the Company has begun the work at issue and posts a bond to insure the completion of the work. listeel el belew in eefftplianee +� Seire- n 'z8- -4.1 — e the —Tm-9: ; - -- - - -- - - -"' Page 3 of 17 (b) Sanitary .SewpLcs Water- S ,weL= seL =view that ee,tp y with all Gev.ti ti eate e Vse anel - _fiee�ilea11ey. Y 6. Concurrency. The City of South Miami has determined that the Company's performance under this Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the site plan application and this Agreement are consistent with the City's Comprehensive Plan and Land Development Regulations. 7. Permits. The permits preliminarily identified as necessary for development of the project are described as follows: (a) Special Exception to permit 26,833 square feet floor area at the ground floor. (b) Special Exception to provide 85% +/- lot coverage. Page 4 of 17 (c) Special Exception to provide an additional curb cut along the property's frontage on S.W. 59th Court. 8. 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) The Project. shall be consistent with the site plan submitted with the special exceptions incorporated in Exhibit "C ". (e) The Company shall provide the Department of Planning with a temporary parking plan, including an operational plan, which addresses construction 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 as part of its approvals of the special exceptions referenced herein shall be incorporated in this Agreement. g) The Company shall fund and implement traffic calming improvements along streets abutting the Page 5 of 17 property. These improvements shall be set forth in detail in the agreement with the City referenced in paragraph 5 herein. h) The Company shall cooperate with the City and implement the conditions for the development of the Project as set forth in the conditions of the special exception approvals as well as this agreement. i) The Company shall present for Department of Planning approval a landscape plan for the Project. No building permit shall be issued to the Company for the development of the Property prior to the City approval of the landscape plan. All proposed landscaping within the right -of -way abutting the property shall be submitted to the Public Works Department for review. The Company and its successors agree-& to maintain the landscaping and. accompanying irrigation -in j) The Company shall use brick or concrete pavers along the Property's frontage along U.S. -1. k) The building's parking shall be available to the general public for public parking during the evenings and weekends subject to the Company's right to designate the hours of operation and parking rates. 1) The Company shall develop an incentive program to promote the use of Metro -Rail by all employees during peak hours. m) The Company in cooperation with the South Miami departments of Public Works and Planning shall erect directional signs and traffic Page 6 of 17 directional structures in the exits of the parking garage and within the public right of way to guide exiting traf =fic away from abutting neighborhood roads to U.S. 1, during peak hours. n) The Company in cooperation with the South Miami departments of Public Works and Planning shall install traffic: calming devices within the abutting public! right of way to assist in the movement of traffic away from the adjacent residential neighborhood and to U.S.1 during peak hours. n) The Company shall coordinate with the South Florida Commuter Services to promote carpooling. 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 1.63, 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 retail and office development, as set forth herein, is consistent with the "Mixed -Use Commercial /Resident=ial (Four Story)" designation on the future land use map, and the HD -OV zoning district on the Official Zoning 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. Page 7 of 17 10. Vesting. As long as the development on the Property is in compliance with this Agreement, and all applicable laws, ordinances, codes and policies in existence at the time of the execution of the Agreement as well as other requirements imposed by the City Commission upon the ratification of the site plan approval 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, 'Perms 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 requirements, conditions, terms, or restrictions. 12. Duration of Permits. 'The Company acknowledges that this agreement does not extend the duration of any permits 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 :Page 8 of 17 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. 14. Termination. Prior to commencement of construction of the Project, 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 Agreement. A AA 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 the exception of monetary breaches which shall be cured within thirty (30) after receipt of notice. 15. Assignment. This 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 Agreement shall be binding upon the successors, assigns, and representatives of the parties hereto. An affiliated entity is an entity of which 64 DEVELOPMENT CORPORATION or a majority of its shareholders, :Page 9 of 17 directly or indirectly owns at least 510 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 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 shall inure to, all successors in interest to the parties of this agreement. 19. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this agreement. 20. Applicable Laws, Jurisdiction, and Venue. This agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of Florida without Page 10 of 17 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. 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 250 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 South Miami, or its agents 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 but 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 Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies Page 11 of 17 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 Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this 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 the Company's legal, valid and binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions, suits or proceedings pending or threatened against or affecting the Company before any court or governmental agency that would in any material way affect Company's ability to perform this Agreement. (d) The 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. Page 12 of 17 (e) The Company has the financial capacity to pay or advance to the City all fees and payments as required under this Agreement. 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 the 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 wa=iver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 27. Annual Report and Review. It shall be the responsibility 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. 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 Page 13 of 17 least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The city commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the 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: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 For the Company: 64 DEVELOPMENT CORPORATION Attn: Copy to: W. Tucker Gibbs, Esq. 215 Grand Avenue Coconut Grove, Florida 33133 29. Exhibits. All exhibits attached hereto contain additional terms of this agreement and are incorporated herein by reference. Page 14 of 17 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 stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 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 this Agreement, if such date shall fall on a Saturday, Page 15 of 17 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 Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. PASSED AND DULY ADOPTED by the city commission of the City of South Miami, Florida, this day of , 2007. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY AGREED TO this day off February, 2007. Page 16 of 17 Witnesses: Print Name Print Name STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) 64 DEVELOPMENT CORPORATION President The foregoing instrument was acknowledged before me this day of , 2007 by who is personally known to me or who produced as identification, on behalf of the corporation. My commission expires: Draft 2 -3413 -2007 Reviewers: Ajibola Balogun, Public Works Department Luis Figueredo, City Attorney Julian H. Perez, Planning Department Sandy Youkilis, Planning Department W. Tucker Gibbs (2- 13 -07) (2- 15 -07) Page 17 of 17