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01-03-05 Item 5s o U r South Miami All- America City INCORPORATED 1927 C o RHO 2001 City of South Miami To: Honorable Mayor, Vice Mayor Date: January 3, 2005 & Commission M tubers 1 45" ITEM No. From: Maria Davis 5_ Re: Development Agreement City Manage r Codina Development Corp. 6600 -6640 SW 57 Ave. ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT - MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a Development Agreement for a 7.01 acre property as described above. The proposed development to be called "Red Road Commons" will include residential buildings, parking, office uses and retail uses. A total of 409 dwelling units and 12,476 square feet of commercial space will be constructed in one phase. The Development Agreement is the third element of the applicant's approval process for a proposed mixed use planned unit development project. The first element was a request for a zone map change to create the PUD -M on the City's official map. The second part is the approval of specific master site plan for the project. The applicant has indicated consent to entering into a Development Agreement with the City which would make legally enforceable all of the PUD conditions and requirements set forth by the City as part of its approval of the zone map change and the master site plan. Development Agreement January 3, 2005 Page 2 of 3 STATUS OF APPROVAL ELEMENTS PUD -M Zoning Map Change The application to amend the zoning map from TODD(MU -4) to PUD -M for the subject property was recommended for approval with four conditions by the Planning Board after a public reading at its September 27, 2004 meeting. The City commission conducted a public hearing on the amendment ordinance on October 19, 2004 and approved the ordinance with the recommended conditions on first reading. The application was subject to a second public hearing on November 16, 2004. At that time action on the application was deferred. (Special Meeting- Jan. 12, 2005) PUD -M Master Site Plan The application to approve a Master Site plan for the subject property was recommended for approval with 15 conditions by the Planning Board after a public reading at its October 12, 2004 meeting. The City commission conducted a public hearing on the site plan at its November 16, 2004. At that time action on the application was deferred to the Commission's January 4, 2005 meeting. (Special Meeting- Jan. 12, 2005) Development Agreement As required by the Local Government Development Agreement Act, two public hearings must be held by the City with mail notice and newspaper ads. The first public hearing is scheduled to be held by the Local Planning Agency (Planning Board) at a special meeting set for January 5, 2005. DEVELOPMENT AGREEMENT REGULATIONS Florida State Statutes 163.3220 -3243 (Florida Local Government Development Agreement Act) sets forth the authorization and procedures for a local governments if they intend to enter into an agreement with a developer of property. The purpose of a development agreement is to assure that the development program and all of the related conditions as approved by the local government will be implemented. SUMMARY OF DEVELOPMENT AGREEMENT The following is a summary of major provisions in the proposed agreement: • The property will be developed in one phase and in accord with adopted master site plan adopted by and on file with the City (p. 2- No. ld, e ); • In order to respond to the City's concurrency standard the developer agrees to pay to the City an $838, 000 fee for park and recreation facility expansion (p. 2- No. 2d); • The developer agrees to construct a left turn lane into the project from Red Road, including median landscaping. (p.2 -3 , No.2e) • The developer agrees to reserve 5% of the residential units for affordable housing group rentals (p.3 — No. 2f); Development Agreement January 3, 2005 Page 3 of 3 • All 15 of the conditions approved by the Planning Board as part of the master site plan review are contained in No. 5 (pp.3 -4); • The developer sets forth a special donation to be used for public schools in the City of South Miami (p.4- No. 6) The staff has reviewed the development agreement and has determined that it contains all of the commitments made by the developer as part of the zone change and master site plan approval process. FINAL REVIEW PROCEDURE At its December 21, 2004 meeting the City Commission agreed to hold a discussion workshop on all three elements (zone change, master site plan, and development agreement) on Monday, January 3, 2004 (7:OOPM). It was further agreed to place all three elements on a special City Commission meeting agenda scheduled for Wednesday January 12, 2005 meeting agenda (7:00 PM). Attachments: Development Agreement (12115104) Location map Fl. State Statute 163.3220- 163.3243 Copy of special mail notice Public notices MD /DOD /SAY 1110 E: \Comm Items\2005 \1- 3- 05eve1 Agree Red Rd Commons Workshop Report.doc v CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will consider legislation listed below pertaining to a proposed Planned Unit Development Project entitled "Red Road Commons" located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street. (1) A Discussion Workshop scheduled for Monday, January 3,2005-at 7:00 PM; (2) A Public Hearing during a Special City Commission meeting on Wednesday, January 12, 2005 beginning at 7:00 PM. Both the workshop and the public hearing will be held in the City Commission Chambers, South Miami City Hall, 6130 Sunset Drive. The legislation to be considered is as follows: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT -MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY. A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE. SPECIAL NOTE: Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the information set forth above the proposed project will be built on a seven acre tract of land and will have a dwelling unit density of 58.3 units per acre and a floor - area -ratio (FAR) of 1.54. The estimated population density of the project is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address shown above. Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez 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. This instrument prepared under the supervision. and when recorded return to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard (Space Reserved for Clerk) Suite 2500 Miami, Florida 3.3131 -2336 DEVELOPMENT AGREEMENT This Development Agreement is made as of this day of , 2005, by and between The City of South Miami, Florida, a municipal corporation ( "City ") and Codina Development Corporation ( "Applicant ") or its assignee. Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on the Owner, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ( "Development Agreement ") is released in writing as hereinafter provided; WHEREAS, Applicant has contracts to purchase the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property"), and WHEREAS, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 — 163.3243, Florida Statutes, (the "Act ") provides for the execution of development agreements 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. NOW, THEREFORE, in consideration of the premises, Applicant hereby agrees as follows: MIAMI 819310.4 7326021531 12/27/04 3:42 PM 1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property may also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. e. 2. a. b. C. d. e. Development of the Property shall be in accordance with the adopted master site plan on file at the City, including elevations and architectural features, pursuant to Section 20.3 -7, City Code. Development of the Property shall be in one (1) phase. Public Facilities: In order to enhance public facilities in the City of South Miami, Applicant agrees to provide services in compliance with Section 20 -4.1 of the Code of the City of South Miami, including: Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. Based on the projected residential population on the Property, Applicant agrees to donate a total of $838,000 to the City, to be earmarked in a special fund for spending on capital improvements to park and recreation facilities in the City. Payment shall be made over a five (5) year period; Year One shall be the year in which a Certificate of Use and Occupancy is granted for the first residential unit on the Property, and shall be assessed on a pro -rata basis based on the number of days left in the year divided by 365 days, multiplied by $167,600; Years Two (2) through Five (5) shall be assessed a payment of $167,600, due on the anniversary date of the issuance of the first residential Certificate of Use and Occupancy; and Year Six (6) shall be assessed the pro -rata portion of a total of $1 67,600, that was not assessed in Year One, due on the anniversary date of issuance of the first residential Certificate of Use and Occupancy. In addition, Applicant may, at its sole discretion, pre -pay the total fee on or before issuance of the Certificate of Use and Occupancy for the first residential unit on the Property. Traffic- Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -turn, northbound entrance lane on Red MIAMI 819310.4 7326021531 2 12/27/04 3:42 PM f 3. 4. 5. a. b. C. d. Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within one (1) year after the recording of this Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. Housing - Five (5) percent of the units will rent to individuals or families in the moderate income segment of the affordable housing group. Incomes shall be based on Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban Development. Proof of Compliance with this requirement on an annual basis shall be provided in writing on or before January 15 of the following year to the City Manager. Taxes: Applicant agrees to pay all taxes °to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Millage Taxes from Miami -Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This provision shall not abrogate any of the Property Owner's rights to file appeals of Tax Assessments for the Property, in accordance with the laws of Miami -Dade County. Work Force: In an effort to enhance job opportunities to local citizens, Applicant agrees to send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (1) bids for construction work on the Property, (2) bids for temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. Site Plan. Applicant will be responsible for assuring that ground water run -off (at the 25 year flood level) must be retained on site. Applicant- must monitor and keep operable the security gate and make arrangements to assure emergency access by public safety vehicles. The entrance at Levante Ave. shall be signalized and approaches installed based on approval by Miami -Dade County and the State of Florida Department of Transportation. - The exit for the driveway onto SW 66 Street shall be designed and operated as a right turn out only driveway. MIAMI 819310.4 7326021531 12/27/04 3:42 PM 3 e. Applicant shall provide stop locations on or adjacent to the site for service by the HurryCane shuttle. f. Applicant should be required to place landscaping between the FPL facility and the garage; the applicant must provide a row of 12' high trees on City property located between the FPL facility and the South Miami Community Center. g. Applicant shall provide a six -foot high CBS wall between the project and the remaining service station. h. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. i. Applicant shall provide a master signage plan for project identification, traffic, routing, and retail stores prior to final project approval by the ERPB. j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity at an 18 inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. k. Applicant is to assure that the refuse service areas shall be large enough to accommodate full yard dumpsters. Final number and dimensions of service areas shall be mandated by the ERPB at final approval stage and adopted by reference in the Development Agreement, 1. All parking on public right -of -way on SW 57 Avenue shall be maintained by the Developer. m. Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial, parking plan for retail stores and shall maintain the allocated:number of spaces for each occupant. n. Applicant shall install all sidewalks as shown on the adopted master site plan. o: Applicant shall open up the paseo on the north side as approved by the Planning Board, in order to break up the long facade of the residential building. 6. Schools. In an effort to assist public schools in the City, Applicant voluntarily agrees to donate $1,200 per additional student generated by this project to the Miami -Dade County School Board ( "School Board"), to be specifically earmarked for capital improvements at, public schools located in the City. Decisions regarding purchases shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. Terms of the donation, and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. MIAMI 819310.4 7326021531 12/27/04 3:42 PM 4 7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1), City Code. NOW THEREFORE, the City, in consideration of the premises, hereby agrees as follows: 8. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning 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 development to a greater degree than the terms of City approval of the rezoning, site plan, or this Development Agreement. 9. Impact Fees. The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. 10. Concurrency and Consistency. The Application complies with 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 rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. Additional Requirements: 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for period of then (10) years after the date of such recordation, after which it may be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon approval at a public hearing. 12. Annual Report and Review. It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement.. Applicant, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what 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. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. MIAMI 819310.4 7326021531 12/27/04 3:42 PM 5 13. Modification. The provisions of this Development Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instrument executed by the then owners of the Property and the City. Any modifications to the Site Plan must comply with the regulations for amendment to PUD -M development contained in Chapter 20 of the City Land Development Code. 14. Enforcement. The City, its successor or assigns, and the Owner, its successors and assigns, shall have the right to enforce the provisions of this Development Agreement. Enforcement shall be by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. 15. Inspection. As further part of this Development Agreement it is hereby understood and agreed that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. 16. Authorization to Withhold Permits and Inspections. In the event the Owner(s) is /are obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this Development Agreement is complied with. 17. 18. 19. 20. Severability. Invalidation of any of these covenant, by judgment or court, in no way shall affect any of the other provisions of this Development Agreement, which shall remain in full force and effect. Joint Preparation. This Agreement has been drafted with the participation of the City and Applicant and their counsel, and shall not be construed against any party on account of draftsmanship. 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. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. MIAMI 819310.4 7326021531 6 12/27/04 3:42 PM 21. Applicable Laws, Jurisdiction, and Venue. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This Agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami- Dade County, Florida. 22. 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, Fl. 33143 Copy to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 For the Applicant: Codina Development Corporation Attention: Jeremy Shapiro 355 Alhambra Circle, Suite 900 Coral Gables, Fl. 33134 copy to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Suite 2500 Miami, Fl. 33131 23. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 24. Effectiveness. This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. IN WITNESS WHEREOF, these presents have been executed this day of , 2005. MIAMI 8.19310.4 7326021531 7 12/27/04 3:42 PM ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNOW ALL MEN BY THESE PRESENTS that The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms and provisions contained therein, dated and attached hereto.' DATED this day of , 2005. CITY OF SOUTH MIAMI By: ATTEST: CITY CLERK STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005 by of the City of South Miami and attested to by City Clerk, of the City of South Miami who are ( ) personally known to me or ( ) produced a valid driver's license as identification. Notary Public: Sign Name: Print Name: My Commission Expires: Serial No. (None, if blank): [NOTARIAL SEAL) MIAMI 819310.4 7326021531 g 12/27/04 3:42 PM IN WITNESS WHEREOF, the undersigned party has agreed to this Development Agreement dated as of the day of 2005. Witnesses: Codina Development Corporation Print Name: Print Name: By: Armando Codina, President STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of ; 200_, by Armando Codina, as President of Codina Development Corporation, a Florida corporation, on behalf of said corporation. He /She is personally known to me or has produced -a State of driver's license as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank): [NOTARY SEAL] MIAMI 819310.4 7326021531 9 12/27/04 3:42 PM EXI-IMIT "A" LEGAL DESCRIPTION A PORTION OF TRACT 1, REVISED PLAT OF FERNWOOD, ACCORDING 70 THE PLAT THEREOF, AE RECORDED IN PLAT BOOT, 35, PAGE 72, PUBLIC RECORDS OF MIAMI —DAD£ COLAM, FLORIDA., MORE PARTICULARLY D£SLRIBEO AS FOLLOWS' THAT PART OF THE SE � OF TH£ NE 1 OF 7,4E SE X OF SECTION 25, 7DN'ASN.1P 54 SDUTH, RANGE dO EAST, PUBLIC RECORDS OF AilA411 —DADS COONTY,'FLORIDA, DESCRIBED AS FOLLONIS BEGIN AT 714E SE CORNER OF SAID SE �( OF NE 1d OF SE '1; THENCE RUN WEST ALONG 714E SOUTH LINE`OF SAID SE r OF N£ Y OF S£ �( FOP, A DISTANCE OF 285 Ff7, TO THE POINT OF BEGINNING; THENCE RUN NORTH PARALLEL TO EAST LINE OF SAID SE X OF NE N OF SE -Y 150 FEL?' THENCE RU.ti1 NEST PARALLEL TD SOUTH LIME OF SAID 5f f OF :VE X OF SE 7501 FEET; THENCE RUN SOUTH PAPALLEL TO THE EAST LINE OF SAID SE X OF N£ P OF SE ;< 130 FEET TO THE SOUTH LWE OF SAID SE ,.'e OF NE X OF SE �(; THENCE FAST ALONG SAID SOUTH LINE OF T:YE SE X OF ^,+E .x Of SE 41 fGR A 015TANCE OF 75 FEET 70 THE POINT OF BEGINNING, LESS TFLF SOUTH 25 FFFT FOR PUBLIC ROAD. AND PARCEL M. ? . ALL OF TRACT. 7 OF THE REVISED RLA7 OF — f-RATIVOOD`, ACCORDING TO THE PLAT THEREOF zE ppD D IN PLAT B001t 33, AT PAGE - 72 OF 774E PUBLIC RECORDS OF THE M1AMi —DADS CDUN7D; FLORIDA, LESS 'THE SOUTh' 475.557 FEET OF 714E WEST :00 FEET AND LESS ALSO 7HE LAST 15D FEET OF THE SDUTP 330 FELT AND LESS ALSO THE SOUTH 9P5 r£f? OF THE WEST 775 FEET OF THE EAST 325 FEET AND LESS ALSO T)4f EAST 75 FEET OF THE Wf,17 175 FEE! OF THE SOu,H 720 FSET OF SAID TPA CT. PARCEL Nc.2 EAST 75 FEET OF THE WEST 175 FEET OF T_qE SOUTH 123 FEET OF REVISED .PLAT OF''Y- EJtr1W001J` PECORDED IN PLAT Boor;5 AT PAGE 72, OF THE PUBLIC RECORDS OF 1,!LA0-DADS COUNT, FLORIDA. PARCEL THE NORTH 732 FEET OF THE 5E 114 OF THE NE 14 OF 7HE SE 114 OF,SE-MON 25, TOVi4llSHIP 54 SOU771, RANGE 40 EAST, LESS THE NORTH 25 FEET OF THE NORTH 132 FEET OF THE SE 7/4 OF 7HE NE 114 OF T,HE SE 1/4 OF SECTION 25, TOIYA13HIP 54, RANGE 40 fAS T PARCEL THAT PART OF THE SE 114 OF TN£ Nf 714 OF 7,4E SE 714 OF SfC71DN 15 7DWM5H1P 54 SDLITH, P..uNGf 110 EAST DESCRIBED AS FOLLOWS; BEGIN AT THE SE CORNER OF SAID SE 114 OF N£ 114 OF S£ 714, THENCE RUN WEST ALONG TiVE SOUTIy LINE OF SAID SE 7/4 OF NF 114 DT SE 114 FOR A DISTANCE OF 185 FEET FOR A POINT OF BECNNING,- THENCE RLJN NORTH PARALLEL TO EAST LINE OF SAID SE J/4 OF NE 7/4 OF SE 114 FOR A DISTANCE OF 150 FEET; THENCE RUhl WEST PARALLEL } TO THE SOUTH LINE OF SAID 5E 114 OF NE i/4 OF SE 714 FOR A DISTANCE OF 700 FEET; THENCE RUN PARALLEL 70 TYIE EAST LINE OF -SAID SE 114 OF NE 114 OF SE 714 FOR A DISTANCE OF 130 FEET TO THE SOUTH LINE OF SAID SE 1,14 OF NE 1/4 OF -SE 114; THENCE RUN EAST ALONG' SAID SOUTH LINE OF SE 114 OF NE 114 OF SE 1,1'4 FOR A DISTANCE OF 7 DO FEET TO THE POINT OF BEGINNING, LESS THE SOLITH 25 FEET FOR PUBLIC ROAD PURPOSES, PARCEL 5 THE NORT.N 780 FEET OF THE SDVTFI 33D FEET OF THE EAST 750 FEfT OF 7.RACT No. 1 i7F 'FrRNWOOG , ,A SUBDIVISION RECORDED IN PLAT BOOK 35, AT PACE 72. DF THE PUBLIC RECORDS OF YWAMI —LADE COUNTY; F_OF.IOA. TOTAL ACREAGE 7 .0-05 ACRES MORE OR 'LESS. City of South Miami PUD -M Development Agreement 6600 -6640 SW 57th Avenue 0 0 6600 p � 5963 5977 -7 6601 ° m 345 6350 m O w T 6340 6345 6340 a I I a 0 Oi M C-4 P6364CD N N (n �- 6669 N N N 0 12 593564156411 SW 64TH- ST... 0anaaaNunn 5976 o 0 40 5944 0 6401 a 6401 6400 6401 6400 6401 6400 6401 6400 6415 6412 6429 0 6429 6428 6411 6410 6411 6410 6411 6410 6411 6410 6443 6442 0 6443 6442 6445 Q 6421 6420 J 6421 6420 6421 6420 6421 6420 U o 6457 6450 p 420 6456 6461. 6431 6430 6430 6430 6431 6430 m 0 647 A 6431 6431 ®q 6420 �-- 6441 <6440 �_' 6441 6440 6441 6440 6441 6440 (s 6487 0 6481 p� ►� i $ Ln 6501 6500 6501 6500 6501 6500 LO !L 6501 N 6505 6500 6501 6519 ro 0 6516 6511 6510 6511 6510 6511 6510 c 6533 sS -0 6532 0 `D CO IP 6521 6520 6521 6520 6521 6520 0 a 60 0 m 6531 6530 6531 $530 6531 6530 :59:87j;� s S8� ° 0 0 m° 5843 6540 6541 6540 6541 6540 ® o 974 a 0 0 6600 p � 5963 5977 -7 6601 m O � m O w T 0 co 6647 � a I I a 0 Oi M C-4 c+7 N N m �- 6669 N N N 0 Pzrs ". vj Pte, t ,,.P r a 4 r re � »x Feet NOV. _'T 04 (WED) 14:40 . BILZIN SUMBERG P. 002/005 x_2003 I pleading, attorney's motion, or other paper, including a reason- 163.3220 Short title; legislative Intent," able aktcrheys fee. 163.3220- 16,3,3243 (7) In any proceeding under subsection (3) or sub - lim� he1�Florida L Sections may ba cited a$ section (4), no settlement shall b,a onterad into by the ent °Gal Government pevepopment Agree - local government unless the terms of the settlement I have been the subject of a public hearing after notice (2) The LeyisI ture finds and declares that; as required by this part (a) The lack of certainty in the approval of develop, ment can result in a waste of economic and land ti in any proceeding undersubseotlan (3) orsub resources, discourage sound capital Improvement section (4), the 2) of Leglal Affairs may inter- planning and financing, escalate the cost of housing vene to represent the 1 teresls of rho state, development, and discourage commitment to com- iev Neither ubsection (3) nor subsection (4) prehans ve nning. g relieves the local government of its obligations to hold (h Assurance to a devOlopar that upon receipt of public h- earings as re ulred by law. rY Ao,,12K o5.rdr: ri, ro, �h. gaoz -ma his ar her d ®valapmsnt permit or brownfleld designs- lion he or she maY Proceed in accordance with existing 163:3217 Munlclpsi overlay for municipal incor o. laws and poliClas, subject to the conditions of a Bevel. ratlon,_ p p pment agreernent, strengthens the public Planning (1) PURPoSE.— process, ericourapes sound capital improvement Plan., for .future rngnfclpal 1nc�rder to assist in the planning ning and finanoin9, assists in assuring there are ade graphic area, a county ma adoiot of a specific al avaria ' quats capital facilities for the development, encourages as an amandment to its co y adopt p y private participation in comprehensive planning, and Pat overlay will allow a co mprehensive plan. A municl- economic costs of development. public, to address the unty, in cooperation with the reduces the scan it with, in furtherance of, and to future possible municipal incur- (3) In conform Y potation of a specific geographic areest and the Impact of implement the nd al Ou ernment Comprehensive municipal S incorporation on the proviWon of public ser- i'1enning and La6am Development Regulation Act and vices to serve the area. the Florida State Comprehensive Planning Act of 1072, fill {NT aF T�ERATiON' ApppTlohf AND pMENC_ It is the intent of the Legislature to encourage a stronger pt MUNICIPAL pVERLgY.— commitment to Comprehensive and capital facilities (a)1• This section applies only in those jurlsdic- planning, ensure the provision of adequate public facili- op local ord'nathice tithe de s authorized, of ay municipal ties for development, encourage the efficient use of resources, and reduce the economic cost of develop. i merit overlay pursuant to the provfsfons of this section, q ment. ; county nts governing body, or a citizens' organization that t is effected b represents (4) This inters Y authorizing local gav t i property owners in the ar�ra affected, may ernments to enter Into tdseeloprrignt agreements with sponsor the preparation of khe muns"la fferted, developers, subject procedures and require. i 2. It shall be the responsibility of tine county to pre- Monts of ss 163 3220 163.3243 pare this munrc'a -J 11 taraa u�iderits urisdic= i tiem7iovvever ..d (5) S®.otIone 16 3220-135 324 shalt be,ragarded 7 as supplemental and additional 'to ­ Other than the cou the powers con - rf the spons ❑r of the municl . ell overly is felled upon local g y other laws and shall nty, the co p Y over nments b Mont authorize the sponsor unty may by written agree- not be regarded as in derogation of any Powers now 'i Proposad m to prepare some or all of a existing. "y Proposed A unioiPapl overlay. munioi al oveday shat! be adopted as an Nmmry._6, 19, on, a6•1 a,: s. 902, gin. s&14r, a a, ch, Plan to the local g❑vamment r•amprehensive 163.3221 Florida Loca► Government development plait as Prescribed by s, 163.3764. ' 2 A county may consider the adoption of a fnunjci- A�3 3243nt Act; Glefinftlans. As used in as. 183.3220_ Pal overlay without regard to Blasi nation means a resolution the provisions at s, (1) "Brownfield g to the local the frequency oaf adoption of adopted by a local government pursuant to the a'82'31570) mendments to the Iocai comprehensivo plan. Brownfields Radeveiopment Act, as. 376.'77.376.35. (3) CONTENTS aF A MUNICIPAL 0VERLAY._A _ municipal overlay (2) " Comprehensive .plan" means a plan adapted (e) Soundary ptions ❑far the creation of the new ursuant to the ''I -acal Government Comprehensive municipality. fanning and Land Cevepopment Regulation Act." JJ� (3) "Developer" means any person, including a 4 (b) A feasibility study as Outlined in chapter 165. govemmantal agency, undertaking any development. area 'A map Of oxisfing and proposed land uses in the (4) "petrel❑ m ®n () by tYPe and density. p p t' means the carrying out of any i Qpi an projections for the areer, maternal change In t ePpearance of ny st any ining o (e) Data and a Use o pub analysis relating to -the revision of Cure or lend, o the dividing of land into three cr more 'i Iic facilities ---- f❑ - - -- p --- ___._. (4j FU or- area - -_... DINCx CR __ Parcels, __ _ ___ . _ __ _ - rile rHE MUNICIPAL 0VERI -AY.— (a) The following activities or uses shell bs taken i fund devsl❑prnent of the munjci al overlay shall ba for the Purposes of this act #o involve "dsvelopmenr'; betw8s by the cor,nty unless there written agreement 1 q reconstruction, alferatian of the size or mate - ��ary, ny�7Q� se n ly and another entity to I and It" riat chap s in the pxt PP arance of a structure on land. 9 ornal a e 1431 Ii NOV._ -03' 04 (iNED) 14:40 B 1 LZ 1 N SUMBERG P. 003/005 Ch. 163 INTFRGOVERNMENT,AL PROGRAMS __ ,.' 2. A change in the intensity of use of land, such as of an incorporated municipality, or any other chief gov, an incraas,p in the number of dwelling units in a struc- arning body of a unit of local government, however dos - tire or on land or a material increase in the number of ignated. businesseu, manulacturing establishments, offices, or (7) "Land" means the earth, water, and air, above, dwelling units in a structure or on land. below, or on the surface, and includes any improve. ' 3. Alteration of a shore or bank of a seacoast, menns or structures customarily ragnrded as land. river, stream, lake, pond, or canal, including an p g y (6) "I-and development regulations" means ardi• "coastal construction' as defined in s, 161.021. nances enacted by governing bodies lorthe regulation l�l 4. Commencement of drilling, except to obtain soil of any aspect of development and includes any local ;�' samples, mining, or excavation on a parcel of land. government zoning, rezoning, subdivision, building a'' "1' �1� S. Demolition of a structure, construction, or sign regulations or any other regula- +: ta. Clearing of land as an adjunct of construction, tions controlling the development of land. 7, Deposit of refuse, solid or liquid waste, or fill on (9) "Laws" moans all ordinances, resolutions, rBgu- !li a parcel of land, lations, comprehensive plans, land development rogu- h I (b) The' following operations or uses, shall not be lations, and rules adopted by a local government affect - {� �, taken for Me purpose of this act to involve develop- ing the development of land, ment ", (10) "Local government" means any county or 1. Work by a highway or road agency or railroad municipality or any special district ❑r focal govemm ®n- 1 eompanyfcarth maintenance or improvement of a road tal entity. established pursuant to law which exercises I, or railroad track, if the work is carried out on land within regulatory authority over, and grants development per- the boundairles of the right -of -way. mits for, land daueloprnent. 2. Work by any utility and other persons engaged the distribution or transmission of. gas or water, for (11) "Local planning agency" means the agency designated is prepare a comprehensive plan or plan Ali; t ! the purpose of inspecting, repairing, renewing, or con- structing an established rights -of -way any sewers, amendment pursuant to the "Florida Local Government Comprehensive Planning and Land Development Rsg- mains, piptas, cables, utility tunnels, power lines, taw- ulation Act," I'I ors, poles, tracks, or the like. 3. Work for the maintenance, renewal, improver (12) "Person" means any individual, corporation, business or land trust, estate, trust, partnership, asso- I i, ment, or alteration of any structure, if the work affects only the interior or the color of the structure or deco- _ of the-exterior the clatter, two or more persons having a joint or common Interest, -state agency, Or any -iCa) i�niity. a- structure. ration '.- The use of any structure ar land devoted to _(1 .)- "Pufafic .facilities ".means- rnajor_caplLal..im, prove- ,? °�I dwelling us as for any purpose customarily incidental to mants, including, but not limited to, transportation, sani- tary sewer, solid waste, drainage, potable water, edu- enjoyment of the dwelling 5. The• use of any land for the purpose of growing caiianal, parks and raareational, and Health systems facilities. tlI�il �. plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricvlturalpur- and (14) State land planning agency means the Mepartment of Community Affairs. ,. Poses- s. A change in use of land or structure from a use H1®tary. --S. 20, ch. t♦G -101; p, d, ph. 92.128; r. 9, ph. as -37p. . .t ` wlthln a class specified in an ordinance or rule to 162,3222 A.ppileablllty. —Any local government 9 ,1 another use in the same class. may, by ordinance, establish procedures and requirs- r, 7. A change in the ownership. or form of ownership meets, as provided in as, 163.3220 - 103.3243, to con- t;' of any parcel or structure, sider and enter into a development agreement with any e. The creation or termination of rights of access, riparian rights, easements, covenants concerning parson having a legal or equitable interest in real prop- ert located within its jurisdiction. ' development of land, or other rights in land. Development." designated in Nifln . —s, 21, ch. 9;.,91, (c) as, an ordinance, rule, or del elopment permit includes all other develop - 69.3225 Public hearfrt �amsrnding, ment customarily associated with It unless otherwise a ore anteing nt or revoking a specified. ►Khan appropriate to the context, "develop development agreement, a local government shall con - 4 , tnent" refers to the act of developing or to the result of duct at least two public hearings. At the option of the i - development. Reference to any specific operation is governing body, one of the publidhearinds may be held by local -- - not intended Co mean that title aperat�on or aotivity, the planning agency, " when part of other operations or activities, is not Bevel- (2)(a) Notice of intent to consider a development !� opment Reference to particular operations is not agreement shall p® advartlsed approximately 7 days intended tc limit the generality of this subse❑tion. before each public hearing in a newspaper of general (5) "Development permit" includes any building ciroulation and readership in the county where the local permit, zoning permit, subdivision approval, rezoning, government is located, Notice of intent to consider a certification, special exception, variance, or any other elovelopmeni agreement shell also be mailed to all official aeti�m of local government having the effect of affected property owners before the first public hearing. permitting the development of lend. The -Jay, time, and place at which the second public .; (6) "Governing body' means the board of county hearing will be held shall oe announced at the first 1`0- j , , aommissloners of a county, the commission or council lic hearing. U , 1432 NOV, -03' 04 (WED) 14:41 BILZIN SUMBERG F.S. 2003 INTER13 OVERN MENTAL PROGRAMS ch. 163 (p) The notice shall specify the location of the land subject to the development e.greelhent, the develop- ment uses proposed on the property, the proposed population densities, and the proposed building intensi- consistent with the local government's comprehensive pion and land development regulations. Hlsrory. —a. 26, s j1. PB.1B7. ties and height and shall specify a place where a copy 163.3233 Local taws and policies governing a of the proposed agreement can be obtained. development agreement.-" - Hlwary. -b . 22, ch. 85 -101, (1) The local government's laws and policies gov- ©rning the development of the land at the time of the 163,3227 Requiremanta of a dovalopment agree- execution of the development agreement shall governs Mont. -- the development of the land for the duration of the I (1) A development agreement shell include the tol- development agreement. lowing: (a) A legal description of the hind subject to the (2) A local government may apply subsequently adopted laws and policies to a development that is sub- agreement, and the names of its Il�gal and equitable jest to a development agreement only if the local gov- owners; (b) The duration of the agreement; ernment has held a public 1hearing and determined: (a) They are not in conflict with the laws and poli- (c) The development uses permitted on the land, including population densities, and building intensities cies governing the development agreement and do not and height; prevent development of the land uses, intensities, or (d) A description of public facilities that will service densities in the development agreement; (b) They are essential to the public health, safety, the development, including who shalt provide such facilities; the data any new facilities, if needed, will be orwelfare, and expressly state that they shall apply to constructed; and a schedule to assure public facilities a development that is subject to a development agree - I are available concurrent with the imaacts of the deval- opment; Mont; They are specifically anticipated and provided (6) A description of any resanratl ❑n or dadicaticn of land public for in the development agreement; The local government demonstrates that sub. pubes f (f) A description of all local development stantial changes have occurred in pertinent conditions approved or needed to be approved far the develop- p develop- existing at the time of approval of the development p ment of the land; agreement; or (g) A finding that the development permitted or pro- (a) The development agreement is based an sub- posed is consistent with the local government's com- stantlally inaccurate information supplied by the deval- i prehansive plan and land development regulations; oiler: (h) A description of any conditions, terms, restric- (2) This section does not abrogate any rights that tions, or other requirements determined to be neces- may vast pursuant to common law, vary by the local government for the public health, HIcary. -a. 25, ch, w -191, safety, or welfare of its, citizens; and -(I)'- -A statement indicating. that- .the -failure of the 103..235 Periodic review of a development agree- agreement to address a particular permit, condition, ion she term, m restriction Tess not particular tt a permit, on it the mane: —A looal government shalt revi+aw land subject to a development agreement at leest once every 12 necessity of complying with the law governing said per- mittine fequirements, conditions, tawn, or restriction. months to determine if there has been demonstrated good faith compliance with the terms of the develop- , A development agreement msy pr ❑vide that the entire development or any phase thereof be com• ment msnt agreement. For each annual review conducted ted during years 6 through 10 of a development agree- manced or completed within a specific period of time. Hlolary; Mont, the review shall be incorporated into a written --e. 24,15h. Be -101; u. al. Gh.91.49. report which shah be submitted to the parties to the 163.3229 Duration of a development agreement agreemrent and the state land planning agency. The state land planning agency shall adopt rules regarding snd relationship to local comprehensive plan. =The of a development agreement shall not exceed the contents of the report, provided that the report shall. be limited to the information sufficient to determine the Iduration 10 years, It may be extended by mutual consent of the governing body and the developer, subject to a extent to which the parties are proceeding in good faith to public hearing in accordance with s, 163.3225. No develop. comply with the terms of the development agree- Mani. If the local government finds, on the basis of sub- Mani agreement shall be effective or be implemented by a local government unless the Ideal stantial competent evidence, that there has been a fail - government's ure to comply with the terms of the development agree- comprshensive plan and plan amendments Implement- ment, the agreement may be revoked or modified by i Ittg or related to the agreement are found in compliance the by the state land planning agency in accordance with s. 183.3184; s. 1 x3167, local government. Hlnttiry­. 27, rh. A0. 1111; 12, ch, 92.120, ar s. 163.31 Ft3. Hhte �s - iL 24, eh, 8&,1e1; y. a 2 d,, et.44; e2 -12a, 1 163.3237 'Amendinent or canGallatlon of a devel- opment agrooment.-�A development agreement may i 168.3231 Consistency with the comprahonsiva be amended or canceled by mutual consent of the par. land development develop- mldntand regulations: ---A t18s to the agreement or by their successors in interest. agreement and authorized development shall be Hlefory. —s. 28, ah. a8.191. 1433 P. 004 /005 �I NOV, Y, 04(WE0) 14.41 BILZIN SUMBERG �i I� I I. li I,I I II + ; .I l;l,lo, IIl; I! l,f l li l;ul�llll, ;; Ch. 163 _ INTER GOVERNMFNTAI_,PROGRAMS 163,3239 'RReording and effectiveness of a dev opment agreement.— Within 14 days after a local g emment enters into a developrnani agreement, t local government shall record the agreement with t clerk of the tiro uit court in the county where: the to government is located. A copy of the recorded develo mint agreemont shall be submitted to the state in planning agency within 14 days attar the agreement recorded. A development agreement shall not be effa live until it is properly recorded in the public records the county and until 30 days after having been receive by tha state land planning agency pursuant to this se tion. The burdens of the development agreement sh be binding upon, and the benefits of the agreerne shall inure to, al, successors in interest to the parties t the agreement. Hlatary. ;. 20. oh• F•E,1a1; ri 13, cn. 62-128 P, 005/005 al- ntances if It is datermined that the plan would further go the purposes of this part and part i of chapter 380, he Preparation of an optional sector plan is authorizeit by he agreement between the state land planning agency cal and the applicable local governments under s p- 163.3.1710). An optional sector plan may be adopted nd through one armors comprehensive plan amendments is under s. 163.318. However, an optional sector plan c• may not be authorized in an area of critical state con- of tern. d (2) The state land planning agency may enter into c- an agreement to authorize preparation of an optional all sector plan upon the request of one or more local gov- nt ernments based on consideration of problems and a opportunities presented by existing developmenl trends; the effectiveness of current comprehensive plan provisions; the potential to further the state com- p-eheneive plan, applicable strategic regional policy plans, this part, and part I of chapter Sao; and those fac- tors Identified by s. 163,3177(10)(i). The applicable regional planning council shag conduct a scoping meet- ing with affected local governments and those agen. cias identified in s. 163.3184(4) before execution of the agreement authorized by this section. The purpose of this meeting is to assist the state land planning agency and the local government in the identification of the re!- evant planning issues to be addressed and the data and resources available to assist in the preparation of subsequent plan amendments. The regional planning council shall make written recommendations to the state land planning agency and affected local govern- ments, including whether a sustainable sector plan would be appropriate, The agreement must define the geographic area to be subject to the sector plan, the planning issues that will be emphasized, requirements fo,r .- intorgomernmentzl. coordination to addl,oe a extrajurfsdictional impacts, supporting application materials including data and analysis, and procedures for public participation, An agreement may address previously adopted sector plans that are consistent with the standards in this section, Before executing an agreement under this subsection, the local government shall hold a duly noticed public workshop to review and explain to the public the optional sector planning proc• ess and the terms and conditions of the proposed agreement. The local government shall hold a duly noticed public hearing to execute the agreement. All meetings' between the department and the local gov- ernment must be open to the public, (3) Optional sector planning encompasses two lev- ols. adoption under s. 169.3164 of a conceptual long- term buildout overlay to the comprehensive plan, hav- ing ne immediate effect on the issuance of develop - ment orders or the applicability of s. 380.06, and adop- tion under s. 163.3184 of detailed specific area plans that implement the conceptual IDng- arm- buildout over- lay-and Ewthoriza issuance of developmenl orders, and- -. -. -. within which s, 380.06 is waived. Until such time as a detailed specific area plan is adopted, the underlying future land use designations apply. (a) In addition to the other requirements of this chapter, a conceptual long -term buildout overlay must include; 163.3241 Mc:dlfication or revocation of a develop- ment agreement to comply with subsequently enacted state and federal law. —If state or federal laws are enacted after the execution of a development agree - ment which are applicable to and preclude the parties' compliance with. the terms of a developmenl agree- ment, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. Nlatory— .6.30, eh. H.i iB1. IM3243 Entorcement, —Any party, any aggrieved or adversely t1lfQCted person as defined in s. 1!53.3215(2), orthe state land planning agency may file an action for injunctive relief in the circuit court where the local government is located to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of ss, 163.3220- 1 SS3.3243. H:a1ery.� --s; 31, ce. 9E-181. ' 163.3248 Dptlanal sector plans. - (1) In recognition of the banafits of conceptual long-1:1 ! ! range planning far the buildout of an area, and detailed planning for specific areas, as a demonstration project, the requirements I of s, aao,06 may be addressed as identified by this section for up Ie five local govern- ments or combinations of local governments which adopt into the comprehensive plan an optional sector 141r intended plan in accordance with this section. This section is to further the intent of s. 183-8177(l 1), which supports innovative and flexible planning and develop - ! I, ment strategies, emd the purposes of this part, and part I of chapter 380, and to avoid duplication of effort in I terms of the level of data and analysis required for a 1 , ' development of regional impact, while ensuring the adequate mitigation of impacts to applicable regional resources and facilities, including those within the juris- diction of other local governments, as would otherwise be provided. ORlional._ sector plans are intended for-. substantial gaographie areas including at least 5,000 acres of one or more local governmental jurisdictions and are to emphasize urban form and protection of regionally significant resources and facilities. The state land planning agency may approve optional sector plans of less than 5,000 acres based on local circum- 1434 �; F.! :I^ I• $ CL i fa A to r di fu u le tt it e a a F 0 v CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will consider legislation listed below pertaining to a proposed Planned Unit Development Project entitled "Red Road Commons" located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street. (1) A Discussion Workshop scheduled for Monday, January 3, 2005 at 7:00 PM; (2) A Public Hearing during a Special City Commission meeting on Wednesday, January 12, 2005 beginning at 7:00 PM. Both the workshop and the public hearing will be in the City Commission Chambers, South Miami City Hall, 6130 Sunset Drive. The legislation to be considered is as follows: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT -MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 $W 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY. A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO. SITE, TRAFFIC, SIGNAGE, AND URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE. SPECIAL NOTE: Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the information set forth above the proposed project will be built on a seven acre tract of land and will have a dwelling unit density of 58.3 units per acre and a floor - area -ratio (FAR) of 1.54. The estimated population density of the project is 132 persons per acre. A copy of the development agreement can be obtained at the South Miami Planning Department at the address shown above. Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez 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. €o o N .rs give out toys at school ,W U goodies like Barbie and Bratz school and hospital. The toy that involves fundraisers, stra- o dolls, skateboards, race -car effort began in 19 89 after a for - tegic approaches to gift -buy - > sets., teddy bears and action mer teacher told a member of ing for a range of age groups, 1 o figures. the hospital's auxiliary that and marathon wrapping par- j It was the 15th year the hos- many children at Little River ties. pital's auxiliary has taken gifts did not receive Christmas pre - _ This year, the auxiliary f o to the school, which is located sents. raised $8,200, and used its a at 514 NW 77th St. and draws "We were so upset," leverage to buy toys at deep j -W from some of Miami's poorest recalled Ani Olmeda Gonza- discounts, Gonzalez said _ neighborhoods.. "Most of my , lez, Mercy's'director of volun- Paulette Matuska; wife of LU students -don't like Christmas teer resources. "We couldn't hospital president john because they, don't get pre - believe there were children Matuska, led several volun- E seats or attention," noted who were not experiencing teers on a toy- buying expedi -: fourth -grade teacher Heimy the joy of receiving a Christ- tion at Toys R Us. 'We were - Salgado: mas gift." able to buy -one, get- one -free, s That sad reality was a driv- Over the years, the drive and get the appropriate gift for 3 ing force behind the holiday has evolved to a well- oiled, 3 partnership.. between the year -round tactical operation •TURN TO GIFTS, 9