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03-07-05 Special Item 3South Miami CITY OF SOUTH MIAMI JUi OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Date: March 7, 2005 & Commission Members ITEM No. 03 From: Maria Davis Re: Development Agreement City Manager 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 407 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. 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 Development Agreement February 23, 2005 Page 2 of 4 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 ` 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); or in the alternative a fee based upon the average price of land sold east of SW 67th Ave. to South Dixie Highway and south to Sunset Drive during the 2004 calendar year. • 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 a minimum of 5% of the residential units for affordable housing group rentals (p.3 — No. 2f); and to provide up to 10% of the units with allowance for minor deviations resulting from short term vacancies. • 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); Development Agreement February 23, 2005 Page 3 of 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 ACTIONS 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 23, 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, 93 0, 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. RECOMMENDATION It is recommended that the City Commission approve on first reading the proposed Development Agreement with following modifications: (1) All of the modifications suggested above by the Planning Board; (2) Modifying No. 2d (p.2) to add " or in the alternative $300,000 an acre based upon the fiscal acquisition price of the YMCA property." (3) Modifying No. 2f (p.3) to add: "The developer agrees to; (a) provide up to 10% of the units with allowance for minor deviations resulting from 'short term vacancies and (b) a payment of $100,000 for low income housing to be placed in a trust fund available upon application to not - for -profit low income housing organizations." Attachments: Draft Ordinance Development Agreement (2117105) Planning Board Special Meeting Minutes 1 -5 -05 Fl. State Statute 163.3220- 163.3243 Public notices MD/DOD /SA ' O E: \Comm Items\2005\2 -23 -05 SpecialTevel Agree Red Rd Commons Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. 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 WHEREAS, in 2004 the Codina Development Corporation proposed the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses with 409 dwelling units and 12,476 square feet of commercial space ; and WHEREAS, the City Commission at its February 23, 2005 meeting amended the Official Zoning Map of the City by changing the zoning on properties located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use District to the "PUD -M Planned Unit Development - Mixed Use District said rezoning subject to the conditions specified in Section 2 of Ordinance No ; and. WHEREAS, the City Commission at its February 23, 2005 meeting approved a master site plan and development program for a PUD -M - Planned Unit Development - Mixed Use project on property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street subject to conditions specified in Section 2 of Ordinance No ; and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220- 163.3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, Codina Development Corporation has proposed the execution of a development agreement with the City of South Miami pertaining to the mixed use project entitled Red Road Commons located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street which agreement would set forth all of the conditions and commitments required by the City resulting from the approval of the PUD -M rezoning and the Master Site plan; and WHEREAS, 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 recommending approval of the proposed Development Agreement subject to specific revisions and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit "A" and dated between the City of South Miami, Florida, and The Codina Development Corporation pertaining to the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street is approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 2 (2) Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK lst Reading — 2" d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 92005 APPROVED: Attachment: Exhibit "A" Development Agreement MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar E: \Comm Items \2005\2 -23 -05 SpeciahRezoning -TODD to PUD -M Ord.doc ORDINANCE NO. 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 WHEREAS, in 2004 the Codina Development Corporation proposed the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses with 409 dwelling units and 12,476 square feet of commercial space ; and WHEREAS, the City Commission at its February 23, 2005 meeting amended the Official Zoning Map of the City by changing the zoning on properties located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed- Use -4) Use District to the "PUD -M" Planned Unit Development - Mixed Use District said rezoning subject to the conditions specified in Section 2 of Ordinance No ; and. WHEREAS, the City Commission at its February 23, 2005 meeting approved a master site plan and development program for a PUD -M - Planned Unit Development - Mixed Use project on property located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street subject to conditions specified in Section 2 of Ordinance No ; and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220- 163.3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, Codina Development Corporation has proposed the execution of a development agreement with the City of South Miami pertaining to the mixed use project entitled Red Road Commons located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street which agreement would set forth all of the conditions and commitments required by the City resulting from the approval of the PUD -M rezoning and the Master Site plan; and WHEREAS, 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 recommending approval of the proposed Development Agreement subject to specific revisions and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit "A" and dated between the City of South Miami, Florida, and The Codina Development Corporation pertaining to the construction of a mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street is approved. 2 (2) Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 15t Reading — 2" d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 92005 Attachment: Exhibit "A" Development Agreement APPROVED: 1/: •n., COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar E: \Comm Items\2005 \2 -23 -05 Special\Rezoning -TODD to PUD -M Ord.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 (Space Reserved for Clerk) Suite 2500 Miami, Florida 33131 -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 "). 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 agree as follows: MIAMI 819310.7 7326021531 2/17/05 3:29 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 shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. e. Development of the Property shall be in one (1) phase. 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 819310.7 7326021531 2 2/17/05 3:29 PM 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. £ Housing — A minimum of Five percent (5 %) and up to ten percent (10 %) 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, a minimum of five percent (5 %) and up to ten percent (10 %) 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. MIAMI 819310.7 7326021531 2/17/05 3:29 PM a. Applicant shall retain ground water run -off in accordance with City regulations. 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 to the proposed parking garage 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 Environmental Review and Preservation Board (ERPB). 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 adequate dumpsters. The final number and dimensions of service areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. MIAMI 819310.7 7326021531 4 2/17/05 3:29 PM 1. All parking and street improvements 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. 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 upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within 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: MIAMI 819310.7 7326021531 2/17/05 3:29 PM Ga Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the 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 the development contemplated by this Agreement and depicted in the Master Plana 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. 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 ten (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. MIAMI 819310.7 7326021531 6 2/17/05 3:29 PM 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 parry 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 to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the Property until such time this Development Agreement is complied with. 17. Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. b. This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its terms. MIAMI 819310.7 7326021531 7 2/17/05 3:29 PM 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 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 parry 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. I 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 MIAMI 819310.7 7326021531 8 2/17/05 3:29 PM 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 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 parry other than the parties to this Agreement and shall not give rise to liability to any third parry 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. MIAMI 819310.7 7326021531 9 2/17/05 3 :29 PM 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 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 819310.7 7326021531 10 2/17/05 3:29 PM ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNOW ALL MEN BY THESE PRESENTS that: The City of South Miami acknowleedges 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 LN 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. My Commission Expires: Notary Public: Sign Name:_ Print Name: Serial No. (None, if blank): [NOTARIAL SEAL) MIAMI 819310.7 7326021531 I l 2/17/05 3:29 PM 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: MIAMI 819310.7 7326021531 2/17/05 3:29 PM Sign Name: Print Name: NOTARY PUBLIC Serial No. (none, if blank): 12 [NOTARY SEAL] NOV. =03' 04 (WED) 14:40 . BION SUMBERG pleading, motion, or other papei, including a reason• able attorney's fee. section I(4),nFl proceeding settlem nt shall b subsection entered1fo by fh local government unless the terms of the settlem havo been the subject of a public hearing after noti as required by this part. section I(4), the proceeding under f Legal Affairs (may into Vona to represent the interests of rho state, (9) Neither subsection (3) rior subsection relieves the local government of its obligations to hol Public hearings as required by law, Hi81ary,— ,e.1e, ch. 8s -sa; a. 901, nh, 9147: c, l0, ch.:P02 -z99. tG3.3217' Municipal overlay for municipal inoorpa ration,-- - (1) PUFlPOSE ---In order to assist in the planning for , fuiure municipal incorporation of a specific goo- .graphic area, a county may adopt a municipal overlay as an amendment to its comprehensive plan. A municl- pal overlay will allow a county, in cooperation with the public, to address the future possible municipal Incor- poration of A specific geographic areal and the Impact of municipal incorporation on the provision of public ser- vices to serve the area. (2) PREPARATION, ADOPTIOPI, AND AMENO- MENT OF THE MUNICIPAL OVI= RLAY.- (a)1• This section applies only in those jurisdic- tions in which the county has authorized, by resolution or local ordinance, the development of a municipal overlay pursuant to the provisions of this section. A county governing body, or a citizens' organization that represents property owners in the area affected, may sponsor the preparation 'of the municipal overlay. 2, it shall be the responsibility of ilia county to pro- Para the municipaLoygrlay foran a;raa� if9d6ritsjuFsdic= �trn.' however, If the sponsor of ilia municipal overlay is other than the county, the county may by written agree- Mont authorize the sponsor to prepare some or all of a Proposed municipal overlay. (b)1. A municipal overlay shall be adopted as an srnendment to the local government romprehensive Plan as prescribed by s. 163.3184- 2. A county may consider the adoption of a munici- Pal overlay without regard to the provisions of s. 163.3787(1) regarding the frequency of adoption of amendments to the local comprehensives plan. (3) CONTENTS OF'A MUNICIPAL OVERLAY. —A municipal overlay must contain: p (a) goundary options for the creation of the now P Municipality. (h) A feasibility study as outlined in chapter 165. g area), A map of existing and proposed land uses in the y type and density. b (d) population projections for the areet. m {e) Data and analysis elating to the provision of to public facillubs.for the atres� -- - - pa - FUNaiNi I OF THE MUNICIPAL 0V6Rt�Y.- Yoe development of the municipaf overlay shall be for funded, the cDtinty unless there is writtam agreement 1 hf ry n I7en 9Q.4M and another entity to fund It. rial 1 JTAL PROGRAM" L.n- -101 169.3220 Short title; ieglslative Intent. (1) Sa',lon6 183.322p- 163,3243 may be cited as the ''Florida Local Govemmsnt Development Agree- s Fme " ant (a) The lmck�pf certainty in and cleclaros the approval tof develop - ca (a) The la ii in a waste of economic and land meat can resU resources, discourage sound capital Improvement r- and cling and financing. and l t commitment to com and developm d prahensive Assu,0 aI to a developer that upon receipt of his or her deVe�opment permit or brownfleld dasigna- lion he or silo may proceed in accordance with existing o men, aprgarrie tustr strengthens thenp public pllanning P , g sound capital process encourages P I improvement plan ning and financing' assists in assuring there are ads- quote capital ipatiion.inocomprehensive h planning, and private participation. costs of development. 'reduces ilia noon ity with, in furtheranoe of and to (3j In confp� implement the Local Oovernment Comprehensive Planning and Gand Development Regulation Act and the Florida state comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the Provision of adequate public facill- ties for andneduce the economic cos oaf develop of Mont. (4) This Intent is effected by authorizing local gov- ernments to enter into development agreements with developers, subject to the procedures and require- ments of ss, 163.3220- 163.3243. _()_ Se -atiao 163.3220- 169.3243 shall be regarded. as supplemental and ad�itioriaf fo lha powers con- ferred upon local gpvemmenis by other laws and shall not be regarded a5 in derogation of any powers now existing. 1; 8.902, ph, 96•.147; s. 8, ch, 99 -278, Hislorr, —s, 1g, rn.8a 1A 1s3.3221 Florida Local Government Development AgreemantAct•, definitlons: As used in as. 183.3220 - 1fi3.32"Brownfield daasignetfon" means a resolution op al government pursuant to the adopted a a lc elc ment Act, ss. 376.77 - 376.85. Brownfields Redev p ursuant to the aL °cal Goavernmvnt Comprehensive fanning and Land Daveicpmsnt Regulation Act." (3) aysloper" means any person, including a (4)m Davelo m@r?t . m ans'heg arrying out of development. any uiiding activity or mining operation, the making of any atonal change in tile use in or appearance land into thrreen r More re or land, or. the -_ - __ g - -- ... -_ . rcelsT activities or uses shall be taken (a) The fallowing . the purposes of tnis act to involve "development A s reconstruction, in , trucfp°nal alteration of the of aestruc urge on change in the aXt Pp d an . 1431 P, 002/005 i l� I' 6 , '1 41 ,999999 .1 i i i. i 2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a struc- lure or on land ol, a material increase in the number of businassee, manufacturing establishments, offices, or dwelling units in a structure or on land. 3. Alteration of a shorn or bank of a seacoast, river, stream, take, pond, or canal, including any "coastal construction" as defined in S. 161,021. 4. Cornmencemenf of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. S. Demolition of a structure. 6. Clearing of land as an adjunct of construction. 7. Depash of refuse, solid or liquid waste, or fill on a parcel of land. (b) The' following operations or uses shall not be taken for the purpose of this act to involve 'develop- ment": 1. Work by a highway or road agency or railroad compartyforthe maintenance or improvement of a road or railroad .,rack, if the work is carried out on land within the boundaries of the right -of -way. 2.. Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or con- structing an established rights -of -way any sewers, mains, pipras, cables, utility tunnels, power lines, tow - em, poles, tracks, or the like. 3. Work for the maintenance, renewal, Improve" Mani, or alteration of any structure, if the work affects only the inlMor or the color of the structure orthe deco- ration of the exterior of the structure. : °� The lase of any strucfvie br "land aavbffiU' to dwelling us se for any purpose customarily incidental to enjoyment of the dwelling. 5. The• use of any land for the purpose of growing plants, craps, trees, and other agricultural or forestry products; raising livestock; or for other agricultural pur- pasas_ 6. A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class. f1 ? A cltange in the ownership- or form of ownership Of any parc,al or structure. B. The creation or termination of rights of necass, riparian rights, easements, covenants vancerning .j devalopneni of land, or other rights iii land. (c) "Development," as, designated in an ordinance, rule, or development permit includes all other develop - ment customarily associated with It unless otherwise specified. When appropriate to the context, "develop- merit" refers to the act of developing or to tha result of r development. Reference to any specific operation is ' not mtendr3d to mean - that -tile - bperatron' or"activity; " - when part of other operations or activities, is not devel- opment. RBterenoo to partlaular operations is not intended tc limit the generality of this subsection. (5) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local g❑varnmeni having the effect of parrnitting the development of land. (6) "Governing body° means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief gov, orning body of a unit of local government, however dos - ignaled, (7) "Land" means the earth, water, and air, above, below, or on the surface, and includes any lmprovs. ments or structures customarily regarded as land. JB) "Land developmeni regulations" means ardi- minces enacted by governing bodies tor the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other ragula- tions controlling the development of land. (9) "Laws" means all ordinances, resolutions, ragu- laticns, comprehensive plans, land development regu- lations, and rules adopted by a local government off act. ing the development of land. (10) "Local government" means any county or municipality or any special district or local governmen- tal entity established pursuant to law which exercises regulatory authority over, and grants development per. mits for, land development. (11) "Local planning agency" means the agency designated to prepare a comprehensive plan or plan amendment pursuant to the "Florida Local Government Comprehensive Planning and Land Development Reg- ulation Act." (12) "Person" means any individual, corporation, business or land trust, estate, trust, parmarship, asso- ciation, two or more persons having a joint or common interest; state agency, or any legal entity. - -(1 d)- "- Pttbtic- facilities "means- majar..capitat .improve- ments, including, but not limited to, transportation, sani- tary sewer, solid waste, drainage, potable water, edu- cafronal, parks' and recreational, and health systems and facilities. (14) "Stele land planning agency" means the Department of Community Affairs. H,etary. --E. aA, ch sG•187::. 4. ph. aa.M; r, a, Ph. 29-37p. . 168.3223 App Ilea bAlty. —Any focal govemment may, by Ordinance, establish procedures and require- ments, as provided in se. 1 63.3220. 163.3243, to con- sider and enter into a development agreement with any parson having a legal or equitable interest in real propr arty located within its jurisdiction. N story, —�, 2t, ch Bli•7at. 69.3725 Public hearin s — e ore anterng nto, amending, or revoking a development agreement, a local government shall con- duct at least two public hearings. At the option of the governing body, one of the public hearings may be hold by -tha local-planning agency,---- - (2)(a) Notion of intent to consider a development agreorrmont shall ba adveriisad approximately 7 days before each public hearing in a newspaper of'generel circulation and readership in the county where the local government is located. Notice of intent to consider a dovelopmeni agreement shall also be mailed to all affected properly owners before the first public haadng, The day, time, and place at which the second public hearing will be held shall be announced at tho first pub- lic hearing. 1432 NOV,- 03'04(WED) 14:41 B1LZ1N SUMBERG F,s. 2003 INTERGOVERNMENTAL PROGRAMS ch. 163 (b) The notice shall specify the location of the land subject to the- develapment agreement, the devMlop- ment uses proposed on the proporty, the proposed population densities, and the proposed building intensi- des and height and shall specify a place where a copy of the proposed agreement can be obtained. Hlamrv, —L, 22, ch, 86.191, 163,3227 Requirements of a duvelopmont agree - manL (1) A development agreement shell include the fol- [owing: (a) A legal description of the Iiand subject to the agreement, and the names of its logal and equitable owners; (b) The duration of the agreement; (c) The development uses permitted on the land, including population densities, and building intensities and height; (d) A description of public facilities that will service the development, Including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available Concurrant with the imaacts of the devel- opm() ent; . e A description of any reservation or dedication of land for public purposes; (f) A description of all local development permits approved or needed to be approved for the develop- ment of the land; (g) A flnding that the devalopmeitt permitted or pro- 1 posed is consistent with the local government's com- I prehensive plan and land development regulations; (h) A description of any conditions, terms, restric- tions, or other requirements determined to be neces- sary by the local government for the public health, -. safety, or welfare of its citizens; and —(i) -- -A- statement indicating that -the €allure -o ..the. . agreement to address a particular permit, condition, term, or restriction shall not ralfevake developer of the necessity of complying with the law governing said per- mitting requirements, conditions, tarn, or restriction. (2) A development agreement miay provide that the entire development or any phase thereof be com- monced or completed within a specific period of time. Hlmlaar, —e. 21, oh. 88.191 ;, % 51, ch. 91-49. 163.3229 Duration of a development agreement and relationship to local campreheinsive plan. =The Iduration of a development agreement shall not exceed 10 Years, It may be extended by mutual consent of the governing body and the developer, subject to a public heltring in accordance with s, 163.x225. No develop- ment agreement shall be effective or be implemented by a local government unless the Incal government's Cemprehansive plan and plan amendments implement- Ing or related to the agreement are found in compliance by the state land planning agency in accordance with s. 163.3184 s,1 s .3] 87, or. s, 1. 3,31 f13..._ Hlrtery,�:a.` 24, eh, 94,191: Y. 3e, dl, 91.44; U. 11, :It. 92-129, I 163.3231 Consistency with the comprehensive An end land development regulations:—A develop- / merit agreement and authorized development shall be consistent with the local government's comprehensive plan and land development regulations. Hlaiery. —e. 26, Ch. 06.191. 163.3233 Local laws; and policies governing a development agreemant.-= (1) The local government's laws and policies gov- orning the davalopmant of the land at the tlme of the execution of the development agreement shall govern the development of the land for the duration of the development agreement, (2) A local government may apply subsequently adopted laws and policies to a development that is sub- ject to a development agreement only If the local gov- ernment has hold a public hearing and determined: (a) They are not in conflict with the laws and poli- cies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agree ment; (c) They are specifically anticipated and provided for in the development agreement; (d) The local government demonstrates that sub- stantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or (e) The development agreement is based on sub- stantially inaccurate information supplied by the devel- oper. (3) This section does not abrogate any rights that may vast pursuant to common law, Hlolcry.—s, 26, ch, 9 &121, - 163,3235 Periodic review of a development agras- inanY -' A Ibcal`gcyernirtont'sfiall reviewiarid subjeci to a development agrearnent. at least once every 12 months.to determine if there has been demonstrated good faith compliance with the terms of the develop - ment agreement. For each annual review conducted during years 6 through 10 of a development agree - mont, the review shall be incorporated into a written report which shall be submitted to the parties to the agreement and the state land planning agency. The state land planning agency shall adopt rules regarding the contents of the report, provided that the report shall. be limited to the information sufficient to determine the extent to which the parties are proceeding In good faith to comply with the terms of the development agree- ment. If the local government finds, on the basis of sub- Martial compelent evidence, that there has been q fail- ure to comply with the terms of the development agree - ment, the agreement may be revoked or modified by the local government. Hlaldry. —17, ch. Rmm; 1?., ch, - 183.3237 Amendment or cancallatlon of a devalw. opment agreemenL ---A devolopment agreement may ba amandad or c$nCelad by mutual consent of the par- ties to the agreement or by their successors in interest. H1e10ry. —e. 28, M. 9a -191. 1433 P. 004/005 NOV.- 03'04(WED) 14 :41 BILZIN SUMBERG i' , ;I I• �I I ;l , �• ti r I I 1 �4 I II, r' I,�� I I• � , j I i , II�•j;!b I , 11 I. ,I P. 005 /005 Ch, 163 INTERGOVERNMENTAL PROGRAMS F.S_ 2`003 163.3239 Macording and effectiveness of a dev opment agreement.— Within 14 days after a local go emment enters into a development agreement, t local government shall record the agreement with t clerk of Iho circuit court in the county where the foc government is located. A copy of the recorded develo mant agrenmorit shall be submitted to the state la planning agency within 14 days after the agreement recorded. A development agreement shall not be effe We until it is properly recorded in the public records the county and tintll 30 days after having been receive by the state land planning agency pursuant to this so tion. The burdens of the development agreement sha be binding upon, and the benefits of the agreeme shall inure to, al. successors in interest to the parties t the agreement. NIa16ry —4.2¢, ch. Fk.101i �• 13, Ch• B3 -i2B 163.3241 Mcldification or revocation of q develop ment agreement to comply with subsequently enacts state and federal law. —If state or federal laws ar enacted after the execution of a development agree ment which are applicable to and preclude the parties compliance wit. the terms of a development agree- ment, such ograament shall be modified or revoked a is necessary to comply with the relevant state or federal laws, Hintory, —c. 30, ch. 83 iBj. IM2243 Entorcament; Any party, any aggrieved or adversely affected person as defined in s. 163.3216(2), orthe state land planning agency may file an action.for Injunctive relief in the circuit court where the local government is locatad to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of ss. 163.3220 - 1M.3241- Hiei6rY. --s, Bi. ch. BE -iBi. 163.3245 Opilohal sector plans. — (1) In recognition of the benefits of concsptual long - range planning for the buildout of an area, and detailed planning for specific areas, as a demonstration project, the requirements of a. 380.06 may be addressed as identiffed by this section for up to five local govern- ments or combinalfons of local governments which adopt into the comprehensive plan an optional sector Pin accordance with this section. This section is Intandad to further the'intent of s. 1 83.3177(11), which supports innovatfva and flexible planning and develop - mant strategies, and the purposes of this part, and part I of chapter 380, and to ovoid duplication of effort in terms of the level of data and analysis required for a development of regional impact, while ensuring the adequate mitigation of impacts to applicable regional resources andfacilitias, including those within the juris- diction of other tonal governments, as would otherwise _ be provided. optional. sector plans. are.-intended for. substantial geographic areas including at least 5,000 acres of one or more local governmental jurisdictions and are to emphasize urban form and protection of regionally signlfimint resources and facilities. The state land planning agency may approve optional sector plans of less than 5,000 acres based on local circum- aI- stances If it is determined that the plan would further v- the purposes of this part and part I of chapter 280 he Preparation of an optional sector plan is authorized by ha agreement between the state land planning agency at and Ilia applicable local governments tinder s, p- 163,3.171(4). An optional sector plan may be adopted Ian through one or more comprehensive plan amendmiDnie is under s. 1s3.31B4. However, an optional sector plan c- may not be authorized in an area of critical stair, con, of corn, d (2) The state land planning agency may enter into c- an agreement to authorize preparation of an optional II sector plan upon the request of one or more 100211 gov- nt ernments based on consideration of problems and o opportunities presented by existing devalopmeht trends; the effectiveness of current comprehensive plan provisions; the potential to further the state tom. prehensive plan, applicable strategic regional policy d plans, this part, and part I of chapter 3a0; and those fac- tors Identified by s. 163,3177(10)(1). The applicable e regional planning council shall conduct a sopping meet• ing with affected local governments and those agars. ties identified in s. 183.3164(4) before execution of the agreement authorized by this section. The purpose of s this meeting is to assist the state land planning agency and the local government in the identificaticin of Ilia rel. event planning issues to be oddressed and the data and resources available to assist in the preparation of subsequent plan amendments. Thu 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 deflhe the geographic area to be subject to the sector plan, the planning issues that will be emphasized, raquiremonts for .- .intargovsrnmantal� coordination ­- to- -addraso extrsjurisdictional 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 revlaw and explain to the public the optional sector planning proc- ess and the terms and conditions of the proposed agreement. The local government shall hoid 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 Iov- els adoption under s. 163.3184 of a conceptual long- term buildout overlay to the comprehensive plan, hav- ing not immediate effect on the issuance of develop- ment orders or the applicability of a. 380.06, and adop- tion under s. 163,3164 of detailed specific area plans that implement the conceptual long -term buildout ovsr- lay and authorize issuance of- dove lopmant orders, and - within which s. 380.08 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: 1 .1434 F: a c� fa to f' di fu it- is u le tt it e a a a , 11 � 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 57th 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 P Pa. e 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 Minutes\PB MINS 1- 5- 05.doe ° MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached ropy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS - FEBRUARY 23, 2005 in the XXXX Court, was published in said newspaper in the issues of 02/04/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securin is adVPT&0TTr7or publication in the said newspa r. Sworn to and subscribed before me this 04 joey of F BRUARY (SEAL) oAI'& Maria i Mesa O.V. FERBEYRE personally kno m8 WT Commission DD293855 EXOM Mora 04,, 2008 Pursuant #o Honda State StatrYte 163 322E r +nterestetl ; persons are ad�rsetl that in addrti,n to the mfotma tionkset forth`aborre tfe proposetl project wrll be bunt on a seven acre tract of tantl'ai�tl wrl! have a tlwelOmg umt`den -i, 58 -unrts sr per acre+ d a #loor,�rea� n raho �FAR� of 1 54 Thestimeted poputahon tlensrty of #tie pro�ect`�s 132 persons per acre A,copy of the tle�elopmen agreementxan be obtained at i hea3ou #h ' M►aM Planning pepartment `at the addre °ss shown aMove„ lnqurrres concerning ; thrs dem should: be=g drracted rto the Planning' Department at 305 BC3 632F; r i r ALLrnferestedpartres -are m�ited� 'to4tt�end'anduwlibeheartl= " f S 3 d { r a n. xy - ?!z s rc � � GrtyClerk Pursuant torFl4ntla Statutes 286 Q51 Q theg, Gr# 3tiQ[sby ad�rses the ` putilic that of a person decides to appeal any tleCISIAn matle by thrs. Board Agency or %Gm omi6'96 with uespec" to and matfer consideree( at" rts;meetrng or hearrng�,�he or<she wrli Head a record oltith� proceetlirgs, sand that�tor such purpose atfectetl person may�ed tofenswe that aj verbatim recortl of the pro�eedergs��s rbatle,whlch record rnclutles thej testimony and evidence upon which thervappeal rs <to be based 214!` 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 alocal or ' toll -free phone number for the public to contact and any fees. Mail notices to: Calendar Desk - Newsroom, The Herald, i Herald Plaza, Miarbi, FL 33132-1693 or e-mail to: newscalendar @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 SK Walkathon: 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. $12.305.969 -9299. 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 Coen Adult Soccer Coed Four on Four Flag Football 'Registration: Ages 21 and older Registration: For ages 18 and older, through Jan. 25 for recreational divl- through Feb. 10; Ransom Everglades, sion and Feb. 15 for competitive; Keh- 3735 Main Hwy., Coconut Grove; $65 dall Soccer Park, 8011 SW 127th Ave:, for individuals,S475 for teams. Kendall; $75 for Individuals, $1000'for . - 305 - 668.1542 or www.tmssc.coin, 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 tiort: All female six vs. six Sunday sor , players; free. Coaches and players car program; Palmer Park, 6100 SW who wish to register, should call Wes - 67th Ave., South Miami; $60 for indi- leyFraterat954- 382 - 9832:. viduals,305 -665 -1569 or www.min • 7 -9 p.m. Feb. 8, Feb; 15, Feb. 22 and mipremiersocceccom. March 1; Traz Powell Stadium, Miami - Dade Community College, North Campus, 11380NW27thAve.,Miami. ;SOFTBALL 'Canes and Gators: Co-ed softball INLINE SKATING showdown featuring graduates from the University of Florida and the Uni- Sobe- Rollers Polke- Escorted Skate versity of Miami711 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 otherskaters for dinner,, 7 St., West Miami -Dade; $535 per team. p.m, Feb. 4; Miami Beach Community 786- 443 -0720 ortledo411 @aol.com: Center, 2100 Washington Ave., Miami Beach; free. 305 866-2649 or - www.soberollers,com. TENNIS junior USA Team Tennis: Ages 6 -18. MARTIAL ARTS Team tennis competition program offered to boys and girls of all skill Alkido Classes. Everyone is welcome; levels. Sanctioned by the United'. 7- 8:30•p.m. Monday, Tuesday, Thurs -' States Tennis Association;through day; Atelier, 3863 Shipping Ave.; April 30; Tropical Park, 7900 SW CoraPGables; $65 a month. 40th SL, East Miami -Dade; $75,$ . 60- 786-346-3618 or www.alklspirit.com. USTA members. 305- 460.8002. Alper Jewish Community Center: Tennis After School Program: Open to all levels. Focuses on proper Funded bya grant from The Chil- " technique to hit both heavy and dren's Trust, the programis for chil- speed bags while incorporating calls- dren 7.17. It requires minimum etten- thenfcs, 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., 17155 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 SL, Miami;free.305.637 -1061 ext.284.. Martial Arts: Alkido 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, demar"1anl,enm 4ava4inn � mn nnf <ee fir m"mh >r- 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 Roac 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 meeting 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 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 OPCONCURRENCY 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 inforrilation.set forth above the proposed project will be built on a seven acre tract of land and will have a dwelling unit density of 5$.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 266:0105, Me City hereby advises the puritlC fiat If a person deCldes to appeal any decision Nude by this aoard,Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she YdU need a record of the proceedings, and that for such purpose,' affected person may need to ensure that a verhatim record of the proceedings is made which record Includes the testimony and evidence ge, N ry' M ° } tY Q , J ;co :m �o u, o! z. F E u m L Li i w I NEIL �E�s ®®® e your vacation ply �. -- — - up for grabst a CORAL GABLES PARTY GEARS UP Find Travel Solutions in Sunday's Herald. FOR TOYOTA INDY 300 Part of Alhambra Circle in downtown Coral Gables will be closed to traffic from 11 a.m. today into early Friday to make way for a block party to celebrate the need for 'V feat x ' speed Ft`s r This week's Toyota Indy . 300 may be in Homestead but }' racing enthusiasts can gets preview in the City Beautiful r ;s i �0 eCR today at Toyota Indyfest, an outdoor kickoff party on the ad cgneSe t {fl7ddi eve of the races Friday a7ztii nnI�: through Sunday at Home- [4fFGf1CCCSSOesa stead Miami Speedway.uc There will be show cars,i (Cd j?ftfy7 [gISAx��('ra interactive games, live enterer f " tainment and opportunities to x get drivers' autographs from 5oaR�rBS,�Ufitvr to ll p.m. along the 300 block of Alhambra Circle, from Le eune Road to Salzedo Street. For more information, call the Homestead -Miami Speed- way, 305- 230 -5024. Alhambra Circle should be reopened to vehicular traffic by 2 a.m. Friday — but the speed limit will not change. ®CORAL GABLES�� SUSPECT ARRESTED�alal. z a I r IN ARMED CARJAGKING Coral Gables police arrested a 32- year -old man after he allegedly pulled a gun on a — - a1 man outside a convenience , All are welcome 1, �; '� zlstore Monday. I e According to police, Wil- ri IC .._..; Liam Cooper stuck, a gun in Peter Abrams' chest as he was x r "s getting out of his car in the g g parking lob of Circle K, 4900 Le Jeune Rd., at 6:58 p.m. Abrams, 57, told police that Cooper demanded his car; E r1 ASM j keys and money, and then took off in the car, police said: w a About 30 minutes later, j both Coral Gables and city of Miami police officers arrived i at Gardners Market, 3117 Bird I Rd., after receiving. a LoJack Sun �y ®ce�'��4p alert from the stolen %. d' Police said Cooper put a i black Smith & Wesson 9mm pistol at his feet before raising i his Latex - gloved hands to sur- RI elt�1 1�lItP ' render. t+ Cooper., of 3879 Charles Tern, faces three felony 1�OtC ` counts of armed caxjacking, , � �( T f5 grand theft auto and posses -� r i z =x Sion of a firearm by a con -ti09P victed felon. j Christ The King Lutheran Church —11295 SW 57 Avenue, Miami j 1 Free Admission _305.665.5063 Across from Pinecrest Gardens' UP t0 /.,)-/a off On selected merchandise including jewelry, w tabletop, body products, picture frames, candles, i and much more! The Gilded Hand u 165 Aragon Avenue I Coral Gables v_ 305.442.1445te1 1 305.442.1570 fax E Mon -Fri 10:30 am - 9 pm L Sat -Sun 10:30 am - 5:30 pm 3 www.thegildedhand.com (Across from the Colonnade Hotel) . t7 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will hold a Special City Commission Meeting, on Monday, March 7, 2005 beginning at 7:30 PM to conduct public hearings to consider legislation on the items listed below pertaining to a proposed Planned Unit Development'. Project entitled "Red Road Commons" located at 6600 -6640 SW 57 Avenue and 5757 SW 6B Street. The public hearings will be held in the City Commission Chambers, South Miami City Hall, 6130 Sunset Drive. (NOTICE IS HEREBY given that the Special City Commission Meeting to consider these public hearings originally scheduled for Wednesday. February 23. 2005 at 7:00 o.m, has been CANCELLED). 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 6606 -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 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 OO°F APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. l AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT G� 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 OFUPTO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING( (GARAGE. a_ + 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, Made 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 arecord 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. _ V s N O L) 2 ix CORALC'ARL86 Q BONNIE'S CLEAN SWEEP SALE o Beginning Friday, March 4th o - UP t0 /.,)-/a off On selected merchandise including jewelry, w tabletop, body products, picture frames, candles, i and much more! The Gilded Hand u 165 Aragon Avenue I Coral Gables v_ 305.442.1445te1 1 305.442.1570 fax E Mon -Fri 10:30 am - 9 pm L Sat -Sun 10:30 am - 5:30 pm 3 www.thegildedhand.com (Across from the Colonnade Hotel) . t7 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will hold a Special City Commission Meeting, on Monday, March 7, 2005 beginning at 7:30 PM to conduct public hearings to consider legislation on the items listed below pertaining to a proposed Planned Unit Development'. Project entitled "Red Road Commons" located at 6600 -6640 SW 57 Avenue and 5757 SW 6B Street. The public hearings will be held in the City Commission Chambers, South Miami City Hall, 6130 Sunset Drive. (NOTICE IS HEREBY given that the Special City Commission Meeting to consider these public hearings originally scheduled for Wednesday. February 23. 2005 at 7:00 o.m, has been CANCELLED). 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 6606 -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 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 OO°F APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING. l AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT G� 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 OFUPTO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING( (GARAGE. a_ + 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. 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