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02-10-05 Item 5
South Miami All- America City if 2001 City of South Miami To: Honorable Mayor, Vice Mayor Date: February 10, 2005 & Commission Members I ITEM No. From: Maria Davis Re: Development Agreement City Manager Codina Development Corp. 6600 -6640 SW 57 Ave. ;/T 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 �YII►I la r_\ wm] at 7 D[ell L-V" 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 February 10, 2005 Page 2 of 4 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. 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 also deferred. 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 was 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. 1 d, 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); • All 15 of the conditions approved by the Planning Board as part of the master site plan review Development Agreement February 10, 2005 Page 3 of 4 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. PLANNING BOARD RECOMMENDATIONS The Planning Board at a special meeting on January 5, 2005, after a public hearing adopted a motion by a vote of 5 aye 1 nay (Mr. Illas) recommending approval of the Development Agreement subject to the following 11 modifications: 1) Page 2, Item 1(b) the word "may" will be replaced with the word "shall." 2) Page 2, Item 1(d) needs to include the square footage of the commercial space. 3) Page 2, Item 2(d) in regards to the total amount of $838,000 this amount, which is donated by the applicant to the city can be in the form of a bond or a letter of credit or security. 4) Page 3, Item 2(f) Housing - five (5) percent is to be replaced by "up to ten (10) percent" of the units shall be made available to the affordable housing group; if the project is converted to condominiums the same percentage applies. 5) Page 4, Item 5(e) the sentence should read as the following: "Applicant shall provide stop locations on or adjacent to the site for service by the HurryCane shuttle and should not interfere with SW 57 Avenue traffic and attempt to coordinate with the South Miami Trolley system. 6) Page 4, Item 5(f) the word "should" will be replaced with the word "shall." The section that refers to the applicant providing trees on city property will now read: "the applicant must provide a row of 12' high trees or trees with heights agreed upon by the parties, and provide trees with a minimum of 6 inches in caliber as well as provide 25 trees of various types and a few oaks trees on City property located between the FPL facility and the South Miami Community Center. 7) Page 4, Item 5(g) applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. 8) Page 4, Item 5(k) in regards to the full yard dumpsters the actual dimensions of the dumpsters must be provided. 9) Page 4, Item 5(1) sentence needs to be expanded in order to include all street improvements. 10) Page 4, Item 6, the term "regarding purchases" shall be deleted from the second sentence in the paragraph. Also, the addition of the term that the applicant agrees to donate $34, 800 to the school Development Agreement February 10, 2005 Page 4 of 4 board and shall be contributed upon the issuance of the first certificate of occupancy (CO). The section should also allow the funds to be escrowed and spent at an appropriate time. 11) Page 7, Item 16 needs to incorporate that if on the portion of the property that is failing to comply with this development agreement the City of South Miami is authorized to refuse certificate of occupancy (CO) and any inspections or grant any approvals, with regards to that portion of the property until such time this Development Agreement is complied with NOTE: The Development Agreement submitted by the applicant is dated 2/4/05 and is attached. It does contain all but five of the modifications suggested by the Planning Board as listed above. Items Nos. 2, 9,10, and 11 are minor amendments which were not included as suggested by the Board. The staff feels that Item No. 4 pertaining to affordable housing is critical. The applicant's revised draft does not contain the "up to 10 %" statement for affordable housing which was recommended by the Board and agreed to by the applicant at the meeting. FINAL REVIEW PROCEDURE The City Commission has agreed to place the Red Road Commons project on a special City Commission meeting agenda scheduled for Wednesday February 23, 2005 (7:00 PM). At that time the City Commission may take action on all three legislative elements. Attachments: Development Agreement (212105) Location map Planning Board Special Meeting Minutes 1 -5 -05 Fl. State Statute 163.3220- 163.3243 Public notices MD/DOD /SAY E: \Comm Items \2005\2 -10 -05 Workshop\Devel Agree Red Rd Commons Workshop Report.doc 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 Suite 2500 Miami, Florida 33131 -2336 DEVELOPMENT AGREEMENT (Space Reserved for Clerk) 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 "). 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 covenants, conditions, and promises herein contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the City hereby agrees as follows: MIAMI 819310.5 7326021531 2/4/05 10:22 AM 1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. C. Development of the Property shall be in one (1) phase. 2. 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: a. Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. b. Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate a total of $838,000 to the City in the form of a bond, letter of credit, or other surety, to be placed in a special fund for spending on capital improvements to park and recreation facilities in the City. Payment shall be made in one lump - sum or over a five (5) year period; Year One or the lump -sum payment 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 $167,600, that was not assessed in Year One, due on the anniversary date of issuance of the first residential Certificate of Use and Occupancy. e. Traffic- Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -turn, northbound entrance lane on Red Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on MIAMI 819310.5 7326021531 2 2/4/05 10:22 AM the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this 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. f. Housing — Five (5) percent of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to condominiums, five percent (5 %) of the units will be sold 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. 3. 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. 4. Work Force: In an effort to enhance job opportunities for local citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Community Redevelopment Agency Director of the City of South 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. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants from the City of South Miami, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the Property. Payment for the positions shall be at Applicant's sole expense and shall be commensurate with similar job levels and responsibilities in comparable industries. 5. Site Plan. a. Applicant shall retain ground water run -off (at the 25 year flood level) on site. MIAMI 819310.5 7326021531 3 2/4/05 10:22 AM b. Applicant shall provide on site security. As part of onsite security to be provided by the Applicant, the Applicant, shall monitor and keep operable the security gate and make arrangements to assure emergency access by public safety vehicles. C. The entrance at Levante Ave. shall be signalized and approaches installed based on approval by Miami -Dade County and the State of Florida Department of Transportation. d. The exit for the driveway onto SW 66 Street shall be designed and operated as a right turn out only driveway. e. Applicant shall provide stop locations on or adjacent to the site for service by the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57th Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with the City of South Miami shuttle pick -ups to minimize traffic impacts. f. Applicant shall provide and maintain landscaping acceptable to the City between the FPL facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Community Center shall be uniform in appearance and consist of not less than 25 trees in the row. g. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. h. 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 dumpsters. Final number and dimensions of service areas shall be mandated by the ERPB at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. 1. All parking placed on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from a maintenance bond to be posted prior to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. MIAMI 819310.5 7326021531 4 2/4/05 10:22 AM 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. P. Applicant and the city shall agree on the number of locations of the loading zones prior to the final approval of the Development Agreement. The dimensions and locations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the city may eliminate the on- street parking spaces located on SW 66 Street. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miami -Dade County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid in the year in which a Certificate of Use and Occupancy is granted for the first residential unit on the Property. 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. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund programs, purchase materials (such as additional computers) or in any manner that the School Board and the City determines will enhance the curriculum and the students' attending the subject school's educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. 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. sting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the MIAMI 819310.5 7326021531 5 2/4/05 10:22 AM 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 the development contemplated by this Agreement and depicted in the Master Plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Applicant of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 9. Impact Fees. The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. 10. Concurrence and Consistency. The Application together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. Additional Requirements: 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period of 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. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. 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 MIAMI 819310.5 7326021531 6 2/4/05 10:22 AM 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. Attorney's fees payable under this paragraph shall not exceed 25% of judgment interest. 15. 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 Applicant, therefore understands and agrees 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. Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. b. This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its terms. C. There are no actions, suits or proceedings pending or threatened against or affecting Applicant before any court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled or terminated, except pursuant to MIAMI 819310.5 7326021531 7 2/4/05 10:22 AM its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. e. Applicant has the financial capacity to pay or advance in the City all fees and payments as required under this Agreement. 18. Severability. If any provision of this Development Agreement or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 19. Joint Preparation. This Agreement has been drafted with the participation of the City and Applicant and their counsel, and shall not be construed against any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items or terms are included without limitation as to any other items or terms which may fall within the listed category. 20. Binding Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. 21. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 22. 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. 23. 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 MIAMI 819310.5 7326021531 8 2/4/05 10:22 AM 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 24. Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver 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. 25. 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. 26. Survival. Any covenant, term or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any such termination including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. 27. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written have been made by any party to the other with respect to the subject MIAMI 819310.5 7326021531 9 2/4/05 10:22 AM matter of this Agreement. All prior and contemporaneous conversations, discussions, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter hereof, are waived, merged herein and superseded hereby. Each party affirmatively represents that no promises have been made to that party that are not contained in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 30. Recordation. Within 20 days after the Development Agreement has been signed by both the Applicant and the City, the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. 31. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 32. Effectiveness. This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. IN WITNESS WHEREOF, these presents have been executed this day of , 2005. MIAMI 819310.5 7326021531 10 2/4/05 10:22 AM ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNO WALL 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. ATTEST: CITY CLERK STATE OF ) SS COUNTY OF CITY OF SOUTH MIAMI 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. My Commission Expires: Notary Public: Sign Name: Print Name: Serial No. (None, if blank): [NOTARIAL SEAL) MIAMI 819310.5 7326021531 11 2/4/05 10:22 AM IN WITNESS WHEREOF, the undersigned party has agreed to this Development Agreement dated as of the day of , 2005. Witnesses: Print Name: Print Name: STATE OF ) SS: COUNTY OF ) Codina Development Corporation By: Armando Codina, President 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. My Commission Expires: Sign Name: Print Name: NOTARY PUBLIC Serial No. (none, if blank): [NOTARY SEAL] MIAMI 819310.5 7326021531 12 2/4/05 10:22 AM NOV. 13' 04 (WED) 14:40. B I LZ i N SUMBERG P, 002/005 F,S. 2003 iN7 ERGOVEPINMENTAL PRt7GAAM6 Ch. 163 Pleading, motion, or other paper, including a reason ggp short title; legislative intent, –able attorney's fee° j s 163.3220 - 163.3243 (7) In an O (1) Sections may be cited as section 4 y proceeding under aubsection 3 or sub- the "Florida 1-0c" i3ovemment Development Agree ( ), no settlement shall bo entered into by the me focal government unless the terms of the settlement a is ature finds and declares that; j have been the subject of & public hearing after notice (2) The L 9 as required by this part. (a) The lack of certainty in the approval of develop - � ment can result in a waste of sconarnic land land (8) In any proceeding under subsection (3) or sub-' resources, discaur4ga sound capital Improvement ssctian (4), the.DaPartment of Legal Affairs may Inter- planning and financing, escalate the cost of housing I We to represent the interests of rho state, ant, and discourei a commitment to cam and deval°pm g I(9) Naaither subsection (3) nor subsection (4) prehensive planning' relieves the Icoal governmant of it, obligations to hold (b) Assurance to a developer that upon receipt of rJ public heerin s as required b law, tent Hielcry,�e. t8, @5 -eSr a. got. eh �t47: 6, io, �n..oee -�sa his or her develop permit or brownfield designa. lion he or she inay proceed in accordance with existing 163:9217 laws and p ❑1101091 subject to the conditions of a devel- ration,— Municipal overlay for municipal Inaorpca- opment agreement, strengthens the public planning j (1) PURPOSE.—In order to assist in the planning Process, encourages sound capita( jmprovernent plan - for future n' ' municipal. inco ing and financln9� assists in assuring there are Ode- graphic area, a county incorporation of a specifics quata capital ta0tiolnsn�cohm devalcpmarnt ,encourages as an ame ty may adopt a municipal overla ;$ ndment to its co private participa Prehonslve planning, and P41 overlay will allow a county, inecoops at on with the " costs ffurtherance deelop nt. and to reduces the eeor~ If public, to address the future possible Municipal incur- (3) in conformity poration of a apeciffc geographic areal and the Impact implement the Local Caovernmerit Comprehensive municipal incorporation o p Planning and Wrid Aevelopment Regulation Act and vlces to serve the area, n the provialon of public sere the Florida State comprehensive Planning Act of 1972, ' (2) PREPARATIOIy, ADCipTlahl ANI7 AMEND - It lathe intent ofthe Legislature to encourage a stronger MENT OF THE MUNICIPAL OVFRLAY. commitment to comprehensive and capita! facilities (a)1• This section a planning, ensure the provision of adequate public faciif- applies only in those juttadic- me17t, encourage the efficient use of tlons in which the county has authorixod, b resolution ties for dev0top or local ordinance, the development of a municipal f060urces, and reduce the economic cost of develop- i I� overlay pursuant to the provisions of this section. A Mont. county governing body, or a oitlzens' �arganization that t is devalo went agreements With repr®senfe (4) This in y authorising focal gov Property owners in the ar�ra affiectad, may ernments to entea( P . Sponsor the preparation of the Municihat overlay. developers, sub) �0 6 3243 ®elites and require- i ) �'. it shall be the responsibility of ttte county to pre - mfs of ss, 163163 3220 - 1(55.3243 shall be re arced. parethamunic�psiOverfatr #cranaraairfld6rits'uf,scfic= {_)__.Sactlan __._... __. _..._._.. g fi rj; however, 7 as supplemental and addmonst tc the powers con - rf the sponsor of the municipal overlay is 0vemmants h other laws and shall �+ Other auth the county, the count May b writion agree- farted upon local d Y tent authorise the sponsor to prepare same or all of ,a not be regarded p5 in derogation of any powers now 'y prop, 18"d municipal Overlay, existing. , 9 ens, gin. es.., ar, a, eh. sa -a�a, (b)1 A municipal overlay shall bQ adapted as an Hi`'c'y °_s' to, cn, as j° a'nendment to the 10041 ova ocal Government Devola ment Plan as prescribed b s g mmant �,amprehensive 193.322 f Florida ld p 2 Y 163.3•(34. AgreemantAch definitions: As used in ss. 163.3220 I 13A c ❑linty may consider the adoption of a rnunicf- 163.3243: r F41 .3i87$y without regard to the provisions of s. (1) "Brownfield gnation" means a resolution { (1) regarding the frequency deg am¢hdments to the local co qu of adoption of ad ❑pted by a local government pursuant to the (3) CiD mprehensive plan. Brownf)elds Radevelopment Act, ss. 376.77.376.86. Municipal NTENTS OFA MUNICIPAL OVERLAY. —A (2) "Cot reh9n6Iv8 plan" means a plan adapted overlay must contain: ,Local Government Comprehensive (a) $ouncfary Options for the creaficn of the new pursuant to the L , Municipality Planning and Land Development Regulation Act." (3) 'Developer" rnaans any person, including a (b) A feasibility study as outlined in chapter 165. governmental age nGY; undertaking any development. ®HBO) t map of existing and proposed land uses in the (4) "aevelopmant' moans the carrying Out of any ' (d) by ope and density. building activity or mirtifng OParatlon, the making of any pulation projections for the area. material change in the use ar appearance of any strut- ' (s) Data and anaiysis relating to the provision of turn or land, or the dividing of land into three or more l public facilities. for the area. -- . The d FUNDING OF "'HE MUNICIPAL OVERLAY.- Parcels.- (a) The following activilies or uses shell be taken , fuhdedbolopment of the municipal overlay snail bo For the Purposes of this act to involve "development ": botvvaa y the county unless there is written agreement I. A reconstruction, alteration of the size, or mate �gig `t' n�thefco my and another entity to fund It. rial change in the wdOrnal appearance of a structure an fand- 7 4.31 NOV,.13' 04(M) 14;40 BILZIN SUMBERG P,003/005 Ch. 163 INTI= RGOVERNMENTAi. PROGRAMS F.S. 2003 2. = A;change in the intensity of use of land, such as of an incorporated municipality, or any other chief god 4l`'I an increasia in the number of dwelling units in a strut- orning body of a unit of local government, however dos - �'Ij� turn or on land or a malodal increase in the number of ignaled, businesses,, manufacturing establishments, offices, or (7) "band" means the earth, water, and all,, above, dwelling units in a structure or on land° below, or on the surface, and includes any improve• ' l 3. Alte°rati ❑n of a shore or bank of a seacoast, merits or structures customarily rsagorded as land. "I° j)t river, stream lake, pond, or canal, includin g any (6) Land development regulations" means ardi- boastal construction" as defined in s. 161.021- nanca3s enacted by governing bodies for the regulation , 4. Commencement of drilling, except to obtain soil of any aspect of development and includes any local samples, ples, mining, or excavation on a parcel of land. government zoning, rezoning, subdivision, building �1+': of Demolition a structure, construction, or sign regulations ol° any other regula- a. Clearing of land as an adjunct of construction, tions controlling the development of land. �9 7. Deposlt of refuse, solid or liquid waste, or fill on (9) "Laws" means all ordinances, resolutions, ragu- I,II i 1 iI� a parcel of land, (h) The' following operations or uses shat not be laticne, comprehensive plans, land development r4 u lations, and rules adopted by a local government affe t- taken for trte purpose of this act to involve 'develop- ing the development of land, I,I ment ", 1. Work by a highway or road agency or railroad ( 1D ) "Local government" Y overnment means an county or municipality or any special district or local gavarnmen- I° companyforthe maintenance orimprovementofa road or railroad -track, if the work is carried out on land within tall entity established pursuant to law which exercises regulatory authority over, and grants development � the$ouncludes of the right -of -way. 2. per• i rnits for, development. I Work by any utility and other persons engaged in the distribution or transmission of gas or water, for (11) Local planning agency means the agency designated to prepare a comprehensive plan or plan f�' the purpose of inspecting, repairing, renewin or con - p .� P 9, struct�ng can established rights• of -way any sewers, amendmeht pursuant to the "Florida Local Government mains, pipa3s, cables, utility tunnels, power lines, tow-ors, Comprehensive Planning and Land Development Reg- L, j poles, [racks, a ma like. 3. Work for the maintenance, renewal, improve- (1g) "Person" means any individual, corporation, � business or land rust, estate, trust, Partnership, hl'I I {4 Mani, or alteration of any structure, if the work affects anlythe intarior or the colorof the structure orthe deco- asso- eiation, two or more persons having a joint or common a - I _ration of the exterior of the structure. 4 - -The use of ariy °structure ar "feria devoted t6 interest, state agency, or any legal entity. -( 1 .�)_.aciliti ®s;meattis- _molar cap ital-improve- l' "I dwelling us as for any purpose customarily incidental to ments, including, but not limited to, transportation, sani- �, o I , anj ❑ymert of the dwelling, to d adu- ry sewer , soli waste, drains drainage, P otable water , Is�,a 5. The. use of any land for the purpose of growing grow caiional, parks and- recreational, and Health systems and facilities. a ,a plants, crops, tress, and other agricultural or forestry products; raising livestock; or for other agricultural pur- (14) State land planning agency" means the Department of Commune Affairs. �'a111I , A change in use of land or structure from a use Y'-6 zp° u' �s"'s'° r ` ph e,.,� Hsptor h. ,.e; �. e, Ph. es -879. . , t qtr I ° within a' class specified in an ordinance or rule to P another use in the same class. 763,9220 App lice bplty. —Any local government 7 � t� the A change ....h_ ❑wnerehfo.ar for of ownership . g m n p may, by ordinance, establish procedures. and require• G r v A •n e .. as � ti ��an. m nt , p.e -td_d t. e_ .E3.- -- 16a,a24.3 fa rnt1 :U .k, t. I h ❑ a Of reel or structure. Y p B. The creation or termination of rights of access, st der and dinar into a development agreement with any person having n legal or equitable interestin {� d, I V riparian rights, easements covenants cane P g concerning 9 d eve o I e o land, e rights m n1 f n ar ath r t o d. P n I n real pr❑pA art located w' to tte , tth unsdiotian. my 1 -G; z t •d � ., III c . O Development," as, designated in an ordinance p s , ¢lo rv, ,ct,.9Q•,st, H, a a ord rule, alto I e t arm includes , I m rt to I o p i p lu all then develop- bh c qp4a Pore Public �ntoamar , ment customarily associated with It unless otherwise enterding, or revoking a specified. When appropriate to the context, "develop- development agreement, a local government shall con- Mani" refeis to the act of developing or to the result of duct at least two public hearings. At the option of the .._.,_. . development. Reference o R rice t n s ec�f __ p any specific tc operation is -n governing body, b dy, ne of the public hearings maybe held not tntendt3d-to a8n IMr-the"aperataon or activfty� by-local planning agency, __.. _ .__ -.. when part of other operations or activities, is not devel- (2)(a) Notice of intent to consider a development li opment. Rafsrooca to particular operations is not agrearrlont shall ba advarlisad apprnximately 7 days intended tc limil the generality of this subsection. before each public hearing in a newspaper of general (5) Davalopment permit Includes any building circulation and readership in the county where the local hermit, zoning permit, subdivision approval, rezoning, government is located. Notice of infant to consider a certification, special oxcepti ❑n, variance, or any other cl❑velopmani agreement shall also be mailed to all Official act!-an of local government having the affect of affected properly owners before the first public hearing. ' permitting the development Of land. "Governing The clay, time, and place at which the second public .; (6) body" means the board of county haarino will be held shall be announced at the first pub - j , commissloners of a county, the commission or council lic hearing. 1 1432 NOV.- 03'04(WED) 14:41 BILZIN SUMBERG P. 004/005 i � 1 1 ,'I ,i I F,S. 2003, . INTERGOVERNMENTAL PROGRAMS Ch. 163 t (b) The notice shall specify the location of the land consistent with the local government's comprehensive subject to the. davelopment agreement, the develop- plan and land development regulations. Mont uses proposed on the property, the proposed 1`11415ry° fi- 2B, 0.08.121. popuiation densities, and the proposed building intensi- ties and height and shall specify a place where a copy 163.3233 Local laws and policies governing a of the proposed agreement can be obtained_ "111tarv. —fi. 2Z ah, as -i01: development agreement p g . (1) The local government's laws and policies gov - orning the development of the land at the time of the 163,3227 Requirements of a clovelopmant agree- execution of the development agreement shall govarn Mont. -- the development of the land for the duration of the (1) A development agreement shall include the fol- development agreement. lowing: (2) A local government. may apply subsequently (a) - A legal description of the Band subject to the adopted laws and policies to a development that is sub- agreement, and the names of its local and equitable loot to a development agreement only If the local gov- owners; (b) The duration of the agreement; ernmant has held a public hearing and determined: (a) They are not in conflict with the laws and poli- (c) The development uses permitted on the land, cies governing the development agreement and do not including population densities, and building intensities prevent development. of the land uses, intensities, or and height; g (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 aholf provide such facilities; the data any new facilities, it needed, will be or welfare, 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. ment; are available concurrent with the im:=ts of the devel- (c) They are speclflcally anticipated and provided opmerlt; (a) A description of any reservation or dedication of for in the development agreement; (d) The local government demonstrates that sub. land for public purposes; (f) A description of all local development parmfts stantial changes have occurred in pertinent conditions approved or needed to be approved for the develop- existing at the time of approval of the development ment of the land; (g) A finding that the development permitted or pro- agreement; or (a) Thu development agreement is based on sub- posed is consistent with the local government's com= stantially inaccurate information supplied by the level- i prahansive plan and land development regulations; (h) A clescription of any conditions, terms, restric- aper. (3) This section does not abrogate any rights that tlons, or other requirements determined to be neces- may vest pursuant to common law. Hlrtary. —s, zs, ch. 8&101, eery by the local government for the public health, safety, or welfare of its citizens; and ::A--statement indicating- that -- the - failure of the- 163,3236 Periodic ravlow of a development _agr ®ea —._. mane —A Ibcat gov+�tnrrient shall -review (arid subjaci to a rsemant to address a articular permit, condition, g p term, or restriction shall not relieve th a developer of the e development agreement- at least once every 12 necessity of complying with the law governing said per- months to determine if there has been demonstrated good faith compliance with the terms of the develop - mitting requirements, conditions, tarp, or restriction. (2) A development agreement miay provide that the' merit agreement. For each annual 'review conducted entire development or any phase thereof be com• during years 6 through 10 of a development agree - ment, the review shall be incorporated into a written Merced or com lated within a specific period of time. His,arv,_e. Qa, dn. �e.1a,;,, 81, sr,.91.4b. report which shall be submitted to the patties to the agreement and the state land planning agency. The 163.32.29 Puration of a development agreement state land planning agency shall adopt rules regarding and relationship to local comprehensive Plan.eThe the contents of the report, provided that the report shall. duration of a development agreement shall not exceed be limited to the information sufficient to determine the 16 years, It may be extended by mutual consent of the extent to which the parties are proceeding in good faith f governing body and the developer, uubject to a public hearing in accordance with s, 163.3225: No develop- to comply with the terms of the development agree - meet. If the local government finds, on the basis of sub - ment agreement shall be effective or be implemented by a local government unless the local stantial competent evidence, that there has been a fail - ure to government's comprehsnsive plan and plan amendments implement - comply with the terms of the development agras- ment, the agreoment may bin revoked or modified by i 109 or related to the agreement are found in compliance ' by the state land agency in K,ccordanoo with s, the local government. 1iluory.—.. 27, ch. 90.1111; -., 12, ah, 921. 120, planning 183.3184, 6._166,31 @7, ors. 163.31 0S..__, Nirtary. -e a4, c19, e9,191; s. 22, di, 21,44; c. 11, .h. 92 -1e5, iBae3�37 Amandmant or cancellation of a devel� i 163.3231 Consistenc with the comprohensvve opment agreement.-^A devoiopment agreement may Y be amended or cancelod my mutual Consent of the pnr- plan and land development regulations: --•A develop- ties mdnt agreement and authorized dev,aloprnent shall be t❑ tha agreement or by thrair successors in interest. Hleiorv. e, 28, eh. 88.191. I, 1433 P. 004/005 i � 1 1 ,'I ,i I NOV, -0NOWED) 14 :41 BILZIN SUMBERG P. 005/005 Ch. 163 INTERGOVERNMENTAL P vNTAROGRAMS �I s 169.3239 hi:cording and effectivaness of a deval- stances ii it is determined that the plan would iurthar i opmant agreement. — Within 14 days after a local gov- the purposes of this part and part 1 of chapter aso amment enter.,; into a development agreement, the Preparation of an optional sector plan is authorized b local government shall record the agreement with the agreement between the state land planning agency clerk of rho circuit court in the county`whera the local and ilia applicable local governments under s, government is located, A copy of the recorded develop- 163.3.171(4), An optional sector plan may be adopted II mast agreement shall be submitted to the state land through one or more cnmprahansive plan amendments planning agency within 14 days after the agreement is under s. 163.31B4. However, an optional sector pl,1n recorded. A development agreement shall not be eflac may not be authorized in an area of critical state con- tive until it is properly recorded in the public records of tern, � 1 the county and until 30 days after having bean received (2) The state land planning agency may enter into by the state land planning agency pursuant to this sac- an agreement to authorize preparation of an optional tion. The burdens of the development agreement shall sector plan upon the request of aria or more heel QDv- �II: +I� t' be binding upon, and the bonafits of the agreement ornments based on consideration of problems and shall inure to, al: successors in interest to the part!os to opportunities presented by exisiing development ! , the agreement. trends; the effectiveness of current comprehensive Ili HlslnrV• ;. �a, on: Ffioni; x.13, cp. e� 1z® �i � plan provisions; the potential to further the state com- !�� "'I 1fi9.3241 Mc,dlfcef{on or revocation of d devEr {o prehenstve plan, applicable strategic regional policy ment agreement to comply with subsequently enacted plans, this part, and part I of chapter 380; and those fac- It state and federal law. —If state or federal laws are tors identified by s. 163,3177(10)(1). The applicable �� l� enacted offer the execution of a development a ree regional planning council shall conduct a ;coping meet - �1 ,i it r P 0 ing with affected local governments and those ages• 11 went which are Applicable to and preeluda the parties Gies identified in s. 163.3164(4) before execution of the t iI .i r compliance with the terms of a development agree agreement authorized by this section. The purees© of ment, such agraamant shall be modified or revoked as this meeting is to assist the state land planning agency is necessary to comply with the relevant state or federal y4i #I Ii and the local gavammsnt in the identification of the ra►- { , Ni ofy. -6. ao,. e,3 -1e1, avant planning issues to be addressed and the data i I and resources available to assist in the preparation of 9G3..3243 Entorcement, —Any party, any aggrieved subsequent plan amendments. Th© regional planning �I Or adversely affected person as defined in s. council shall make written recommandations to the 163.3215(2), orthe state land planning agency may file state land planning agency and affected local govern- I,,Iit an action.for injunctive relief in the oircultcourt where ments, including whether a sustainable sector a I( pl n 1 f the local government is located to antarce the terms of would be appraprlate. The agreement must define the ;'i�l' ;'I r; a development agreement or to challenge compliance geographic area to be subject to the sector plan, the ,. !► of the agreement with the provisions of ss. 1F3,3�0- planning issues that will be emphasized, requirements 153:3243_ for-._.int.argo.vernrnentat. -coo rd! nation #o_ address '4I, Winery. --s; 31, cp. 8E -181. oxtriajwrisdirtlonal impacts, supporting application materials including data and analysis, and procedures 163.3245 Optional sector plans. — for public participation. An agreement may address (1) In recognition of the benefits of conceptual long- previously adopted sector plans that are consistent Y P p range planning far the buildout of an area, and detailed with the standards in this section. Before executing an rIs planning for specific areas, as a demonstration project, agreement under this subsection, the local government the requirements of a. 380.06 may be addressed as shall hold a duly noticed public workshop to review and �4 i identified by this section for up 10 five local govern- explain to the public the Optional sector planning proc- ; °'lei Mantra or combinations of local governments which ass and ilia terms and conditions of the proposed adopt into the comprehensive plan an Optional sector agreement. The local government shall hold a duly Ian in Accordance with this section. This section is In noticed public hearing to execute the agreement. All ptandad to further the intent of s. 153.3177(11), which meetings between the department and the local gov supports innovative and flexible planning and develop- arnment must be open to the public. merit strategies, and the purposes of this part, and park (3) Optional sector planning encompasses two lev- I of chapter 880, and to avoid duplication of effort in als: adoption under s, 163.3164 of a conceptual long- ;, terms of the level Of data and analysis required for term buildout overlay to the comprehensive plan, hav^ i development of regional impact, while ensuring the ing no immediate off act on ilia issuance of develop- adequate mitigation Of impacts to applicable regional ment orders or the applicability Of s. 3Bo.o6, and adop- resources and facilities, including those within the funs• tion under s. 163;3184 of detailed specific area plans diction of other local governments, as would otherwise that implement the conceptual long -term bufldout over ._ be __provided. Optional. sector plans. are _intended far- _ lay and authorize issuance of development - orders, and substantial geographic areas including at least 5,000 within which s. 380.06 is waived. Until such time as a acres of One or more local governmental jurisdictions detailed specific area plan Is adopted, the underlying and are to emphasize urban farm and protection of future land use designations apply. regionally slgnificaint resources and facifitles. The state (a) In addition to the other requirements of this land planning agency may approve optional sector chapter, a conceptual long -term buildQUt overlay must plans of loss than 5,040 acres based on local circum- include: , 1434 FI ct i fa tri di fu re is u le it it e a a G 1 E t CITY OF SOUTH MIAMI PLANNING BOARD Special Meeting Action Summary Minutes Wednesday, January 5, 2005 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. Ii. Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Gibson, Ms. Yates, Mr. Liddy, Mr. Comendeiro, and Mr. Illas. Board members absent: Mr. Mann City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Eve Boutsis (City Attorney), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board secretary). III. Administrative Matters Mr. O'Donniley informed the Board that Ms. Annie Betancourt, a member of the school board was present. He explained that in accordance with an interlocal agreement relating to intergovernmental coordination as mandated by State Statutes, it is required that a non- voting member of the school board staff may participate in any meeting in which the school board may have an impact. Mr. O'Donniley also addressed the agenda for the January 11, 2005 regular meeting. He noted that the agenda will contain two proposed moratorium ordinances. In addition, he stated to the Board that in February the reorganization Planning Board Meeting January 5, 2005 Page 2 of 6 of the Land Development Code, will be coming back to the Board for further review. IV. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in speakers PB -04 -022 ( deferred from November 30, 2004) Applicant: Codina Development Corp. Location : 6600 -6640 SW 57t" Avenue and 5757 SW 68th Street 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. Applicant present: Mr. Jerry Proctor, Esq (Applicant's representative) ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a Development Agreement for a 7.01 acre property. 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. Mr. O'Donniley stated that this is the third element of the applicant's approval process for a proposed mixed use planned unit development project. He provided a review of the status of approval for the first and second element. The first element was the submittal of an application to amend the zoning map from TODD (MU -4) to PUD -M for the subject property. The application was recommended for approval with four conditions by the Planning Board after a public hearing on September 16, 2004. 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 to the Commission's January 12, 2005 meeting. The second element was the approval of a specific master site plan for the project. The application to approve the a master site plan for the subject property was recommended for approval with 15 conditions by the Planning Board after a public hearing at its October 12, 2004 meeting. The City Commission conducted a public hearing on the Planning Board Meeting January 5, 2005 Page 3 of 6 site plan on November 16, 2004. At that meeting, the application was also deferred to the Commission's January 12, 2005 meeting. The applicant 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. Mr. O'Donniley provided a summary of the major provisions in the proposed development agreement. The major provisions are listed below. • 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. 1 d, e ); • In order to respond to the City's concurrency standard the developer is required to pay to the City an $838, 000 fee for park and recreation facility expansion (p. 2- No. 2d); • The developer is required to construct a left turn lane into the project from Red Road, including median landscaping. (p.2-3, No.2e) • The developer shall reserve 5% of the residential units for affordable housing group rentals (p.3 —No. 2f); • 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 Board decided to go page -by -page and discussed any issues they may have questions on. Page 2- Chairman Mr. Morton pointed out that in Item 1(letter b) word "may" should be replaced with "shall. In Item 2(letter a), that reads "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," Mr. Morton requested to clarify this sentence further with staff. In section 2(letter d), sentence 1, which states "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 the City." He inquired about bonding the amount of 838,000. Page 3- Mr. Liddy inquired about the calculation of affordable housing, in reference to Item 2(letter f) which relates to housing. Planning Board Meeting January 5, 2005 Page 4 of 6 Page 4- In Item 2 (letter e), which reads "Applicant shall provide locations on or adjacent to the site for services by the HurryCane shuttle," should be revised to reflect that the applicant shall provide stop locations and not interfere with traffic and coordinate with South Miami Trolley system as well. On the same page, letter f, the word "should" will be replaced by "shall." Furthermore, Board member, Mr. Illas requested to change in the sentence that the applicant must provide trees with a minimum of 6 inches in caliber, provide 25 trees and a few oaks trees. In letter g, Board members felt it was necessary to add the word "maintain" when referencing to the applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. In letter k, Mr. Morton requested that a definition of full yard dumpsters be provided in the sentence. Page 4- In item 6, titled Schools, Ms. Anne Betancourt addressed the phrase "regarding purchases" found in the second sentence of Item 6. She explained that the phrase is no longer applicable and that it should be omitted. The sentence should now read as the following: "Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. Mr. Morton opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Sharon McCain Opposed Ms. McCain expressed concerned for not having enough low income housing as well as stating that the density of the project is too high. Yvonne Beckman 5871 SW 83 St. Opposed Ms. Beckman inquired about the agreement that was made between Mr. Abraham (owner of the property) and the developer who is buying the property. In addition, she indicated that she felt this project would cause traffic problems and overcrowding of schools. Cathy McCann 5820 SW 87 St. Opposed Ms. McCann referred to the issue of trees that will be planted and she indicated she would like to see in the agreement clarification of the width, and canopy of the trees. Other concerns she expressed is the timing of when the traffic study was conducted and the density of the project. Doris Hall Opposed Ms. Hall stated that Mr. Abraham who is the owner of the property did not receive his notice. She also expressed concern for the traffic problems. Planning Board Meeting January 5, 2005 Page 5 of 6 Mr. Morton closed the Public Hearing. Motion: Mr. Comedeiro made a motion to defer the development agreement. No one seconded the motion. The motion died due to lack of a second by a Board member. Motion: Mr. Comendeiro motioned to deny the development agreement. Mr. Illas seconded the motion. Vote: Ayes 2 Nays 4 (Mr. Morton. Ms. Gibson, Ms. Yates, Mr. Liddy) The motion did not pass. Motion: Ms. Yates made a motion, seconded by Mr. Liddy, to recommend approval of the development agreement as amended, subject to the following modifications. 1) Page 2, Item 1(b) the word "may" will be replaced with the word "shall." 2) Page 2, Item 1(d) needs to include the square footage of the commercial space. 3) Page 2, Item 2(d) in regards to the total amount of $838,000 this amount, which is donated by the applicant to the city can be in the form of a bond or a letter of credit or security. 4) Page 3, Item 2(f) Housing - five (5) percent up to ten (10) percent, shall be made available to the affordable housing group; if the project is converted to condominiums the same percentage applies 5) Page 4, Item 5(e) the sentence should read as the following: "Applicant shall provide stop locations on or adjacent to the site for service by the HurryCane shuttle and should not interfere with SW 57 Avenue traffic and attempt to coordinate with the South Miami Trolley system. 6) Page 4, Item 5(f) the word "should" will be replaced with the word "shall." The section that refers to the applicant providing trees on city property will now read: "the applicant must provide a row of 12' high trees or trees with heights agreed upon by the parties, and provide trees with a minimum of 6 inches in caliber as well as provide 25 trees of various types and a few oaks trees on City property located between the FPL facility and the South Miami Community Center. 7) Page 4, Item 5(g) applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. 8) Page 4, Item 5(k) in regards to the full yard dumpsters the actual dimensions of the dumpsters must be provided. 9) Page 4, Item 5(1) sentence needs to be expanded in order to include all street improvements. Planning Board Meeting January 5, 2005 Page 6 of 6 10) Page 4, Item 6, the term "regarding purchases" shall be deleted from the second sentence in the paragraph. Also, the addition of the term that the applicant agrees to donate $34, 800 to the school board and shall be contributed upon the issuance of the first certificate of occupancy (CO). The section should also allow the funds to be escrowed and spent at an appropriate time. 11) Page 6, Item 16 needs to incorporate that if on the portion of the property that is failing to comply with this development agreement the City of South Miami is authorized to refuse certificate of occupancy (CO) and any inspections or grant any approvals, with regards to that portion of the property until such time this Development Agreement is complied with. Vote: Ayes 5 Nays 1 (Mr. Illas) V. Planning Board Work Program None VI. Approval of Minutes None VII. Remarks There were no remarks. VIII. Future Meetings Tuesday, January 11, 2005 IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 11:00 PM DOD /SAY /pel E:\PB\PB Minutes\2005 MinutesTB MINS 1- 5- 05.doe SPORTS' WHAT YOU CAN DO Listings are considered for publication free of charge on a space- available basis with preference given to nonprofit organizations, benefits and free activities. Notices must be received at least two weeks before.the publication date or your event's registration deadline. Listings must contain a local or toll -free phone number for the public to contact and any fees. Mail notices to: Calendar Desk - Newsroom, The Herald, I Herald Plaza, Miartti; FL 33132 -1693 or e-mail to: newscafendar @heraid.com (with name and date of event on subject line). For questions, call 305- 376 -3355 from 10 a.m. to 6 p.m. weekdays. BASEBALL RUNNING /WALKING - Little League Registration: Ages Charity Poker SKWalkathon:. 5 -18; through Feb. 12; Miami Springs Benefits Little Brothers- Friends of the Recreation Center, 1401 Westward Elderly; 10:15 a.m. Feb. 12; Miami Ever- Dr.; Miami Springs; $85 -90. glades, 20686 SW 162nd Ave., Miami; 305- 805, -5075 or 305- 905. 6865. ` $12.305- 969A299.. Miami Muckdogs: Travel team for The Fun Run SK: Sponsored by the players 12 and under is looking for Marian Center PTA; 7:30 a.m. Feb. 5; experienced pitchers and players to Marian Center School & Services,' try out. Call Billy Hein at 15701 NW 37th Ave, Miami Gardens; " 305- 300.1367. $25:305. 200 -8927, ext. 213. SOCCER FOOTBALL - 11 on 11 Coed Adult Soccer Coed Four on Four Flag Football 'Registration: Ages 21 and older; Registration: Forages 16 and older; through Jan. 25 for recreational divi- through Feb. 10; Ransom Everglades, sion and Feb. 15 for competitive; Ken - 3735 Main Hwy., Coconut Grove; $65 dall Soccer Park, 8011 SW 127th Ave., for Individuals,.$475 for teams. Kendall; $75 for individuals, $1000'for 305- 668 -1542 orwww.tmssc.com. teams. 305 - 668.1542 or " Nike Speed, Agility and Quickness www.tmssc.com. Camps: Professional football training "' Women's Soccer League Registra- camp open to all high school football tion: All female six vs. six Sunday soc- players; free. Coaches and players cer program; Palmer Park, 6100 SW who wish to register, should call Wes- 67th Ave.; South Miami; $60 for indi- ley Frater at 954-382-9832: . viduals.305= 665.1569orwww.mia • 7 -9 p.m. Feb. 8, Feb. 15, Feb. 22 and mipremlersoccer.com. March l; Trai Powell Stadium, Miami - Dade Community College, North Campus, 11386 NW 27th Ave., Miami. - SOFTBALL 'Canes and Gators: Co -ed softball INLINESKATING showdown featuring graduates from the University of Florida and the Uni- Sobe- Rollers Police- Escorted Skate versity ofMiami; ll a.m. Feb. 19; Tropi- . Tour: Skate covers 10 -12 miles of cal Park, 7900 SW 40th St., East Miami Beach with multiple water Miami-Dade. 305-866-5047. stops; skaters must wear helmets, and Scoreboard Activities : Registering should bring their own water; after- adult men for the upcoming softball . wards skaters are invited on a speed . night season; games are played Sun- skate to downtown Miami or to days ', Tamiami Park, 11201 SW 24Th gather with other skaters for dinner; 7. St., West Miami- Dade;$535 per team. p.m. Feb. 4: Miami Beach Community 786. 443.0720 or tledo4ll @aol.com. Center, 2100 Washington Ave., Miami Beach; free. 305 866 -2649 or www.soberdflers.com. TENNIS Junior USA Team Tennis: Ages 6-18. MARTIAL ARTS Team tennis competition prbgram . offered to boys and girls of all skill Aikido Classes:"Everyone is welcome; levels. Sanctioned by the United 7-8:30 pm. Monday, Tuesday, Thurs. States Tennis Association; through . day; Atelier, 3863 Shipping Ave., April 30; Tropical Park, 7900 SW Coral Gables; $65 a month. 40th St., East Miami -Dade; $75,$60- 786-346-3618 or www.alkisphit.com. USTA members. 305- 460 -8002. Alper Jewish Community Center. Tennis After School Program: Open to all levels. Focuses on proper Funded by a grant from The Chik technique to hit both heavy and dren's Trust, the programs for chil- speed bags while incorporating calls- dren 7 -17. It requires minimum atten- thenics,jumping rope and agility dance of three days per week, _ skills; 4:30.6 p.m.. Tuesdays; 6:45 -8 3:30 -6:30 p.m. Monday - Fridays, p.m., 9:30- midnight Thursdays; 11155 through June 3; Ashe - Buchholz Ten- SW 112th Ave., Miami; $15 per class or nis Center at Moore Park, 756 NW $150 for 11 classes. 305- 271 -9000, 36th St., Miami; free. 305. 637 -1067. ext.284. - Martial Arts: Aikido self defense classes for adults and teens; 8:30- OTHERSPORTS 9:45 p.m. Monday, Tuesday and Thursday; On Your Toes Gymnastics eXtreme Miami Sports Club: Center; 2721 SW 137th Ave., West Two -to -five events per month; rock Miami-Dade. 305-632-3075 or troy climbing, scuba diving, snorkeling, dcemo(ala�lrnm ka„a4inn ro„inn• nrifoue fir memhor- (2) A Public Hearing during•a Special City Commission meet!ng on Wednesday, February 23, 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 20NE 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 OFCONCURRENCY, 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 Finuant to Honda 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 enswe that a verbatim moord of the proceedings is made which record Includes the testimony and evidence 0 'has never been M ' :W .o O R O W A..— doaesz i 1- i- o. m o f u �m CITY OF SOUTH MIAMI 13 COURTESY NOTICE dw 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 Thursday, February 10, 2005 at 7:00 PM; ! (2) A Public Hearing during•a Special City Commission meet!ng on Wednesday, February 23, 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 20NE 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 OFCONCURRENCY, 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 Finuant to Honda 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 enswe that a verbatim moord of the proceedings is made which record Includes the testimony and evidence