03-28-05 Special Item 2South Miami
To: Honorable Mayor, Vice Mayor
& Commission Members
From: Maria Davis
City Manager Y/
Date: March 28, 2005
ITEM No. 4
Re: Development Agreement
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 407 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 a
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
March 28, 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 and March 7, 2005. On each occasion action on the zone map change 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. and March 7, 2005 meetings. On each occasion action on the master site plan application
was 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. A public hearing on the proposed
Development Agreement was held by the Planning Board at a special meeting on January 5, 2005.
The City Commission, at a special meeting on March 7, 2005, approved the Development
Agreement on first reading with several amendments.
DEVELOPMENT AGREEMENT REGULATIONS
Florida State Statutes 163.3220 -3243 (Florida Local Government Development Agreement Act)
sets forth the authorization and procedures for a local governments if they intend to enter into an
agreement with a developer of property. The purpose of a development agreement is to assure that
the development program. and all of the related conditions as approved by the local government
will be implemented.
SUMMARY OF DEVELOPMENT AGREEMENT
The following is a summary of major provisions in the proposed agreement:
• The property will be developed in one phase and in accord with the adopted master site plan
adopted by and on file with the City (p. 2- No. 1 d, 1 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; if the City buys land at a higher
price the developer will pay up to $300,000 per acre for a demand of 3.2 acres. (p. 2- No. 2d);
• The developer agrees to construct a left turn lane into the project from Red Road, including
median landscaping (p.2 -3 , No.2e);
• The developer agrees to reserve 10% of the residential units for affordable housing group
rentals (p.3 — No. 2f); and to provide $100,000 for additional off site development of
affordable housing;
Development Agreement
March 28, 2005
Page 3 of 4
• 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.5- 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) ep rcent" 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.
Development Agreement
March 28, 2005
Page 4 of 4
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 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 as this Development Agreement is complied with
NOTE: The revised Development Agreement submitted by the applicant is dated 3/22/05 and
is attached. It does contain all but two of the modifications suggested by the Planning Board
as listed above. Items Nos. 2 and 10 are minor amendments which were not included as
suggested by the Board.
RECOMMENDATION
It is recommended that the City Commission approve on second reading the attached proposed
Development Agreement as modified. .
Attachments:
Draft Ordinance
Development Agreement ( 3122105))
Planning Board Special Meeting Minutes 1 -5 -05
Fl. State Statute 163.3220- 163.3243
Public notices
MD/DOD /SAY
E: \Comm Items \2005 \3 -28 -05 Special\Devel Agree Red Rd Commons Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT
5 PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT
6 DEVELOPMENT - MIXED USE PROJECT KNOWN AS RED ROAD COMMONS
7 LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
8 DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN
9 HEIGHT AND THE FOLLOWING USES: UP TO 407 MULTI- FAMILY
10 RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE;
11 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
12 AND PROVIDING AN EFFECTIVE DATE
13
14 WHEREAS, in 2004 the Codina Development Corporation proposed the construction of a
15 mixed use project entitled Red Road Commons which project would be located at 6600 -6640 SW 57
16 Avenue and 5757 SW 68 Street and would include residential buildings, parking and retail uses with 407
17 dwelling units and 12,476 square feet of commercial space ; and
18
19 WHEREAS, the City Commission at its March 28, 2005 meeting amended the Official Zoning
20 Map of the City by changing the zoning on properties located at 6600 -6640 SW 57 Avenue and 5757
21 SW 68 Street from "TODD (MU -4) ", Transit Oriented Development District (Mixed7Use -4) Use District
22 to the "PUD -M" Planned Unit Development - Mixed Use District said rezoning subject to the
23 conditions specified in Section 2 of Ordinance No ; and.
24
25 WHEREAS, the City Commission at its March 28, 2005 meeting approved a master site plan
26 and development program for a PUD -M - Planned Unit Development - Mixed Use project on property
27 located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street subject to conditions specified in Section 2
28 of Resolution No ; and
29
30 WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections
31 163.3220- 163.3243, Florida Statutes, provides for the execution of development agreements to insure
32 that the law and regulations in effect at the time of the execution of the development agreement shall
33 govern the development of the land for the duration of the agreement; and
34
35 WHEREAS, Codina Development Corporation has proposed the execution of a development
36 agreement with the City of South Miami pertaining to the mixed use project entitled Red Road Commons
37 located at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street which agreement would set forth all of the
38 conditions and commitments required by the City resulting from the approval of the PUD -M rezoning
39 and the Master Site plan; and
40
41 WHEREAS, the Planning Board at a special meeting on January 5, 2005 after a public hearing,
42 adopted a motion by a vote of 5 aye 1 nay recommending approval of the proposed Development
43 Agreement subject to specific revisions and conditions.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
46 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
47
48 Section 1 That a Development Agreement, attached as Exhibit "A" and dated March 22, 2005 between
49 the City of South Miami, Florida, and The Codina Development Corporation pertaining to the
50 construction of a mixed use project entitled Red Road Commons which project would be located at 6600-
51 6640 SW 57 Avenue and 5757 SW 68 Street is approved.
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(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
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2005
Attachment: Exhibit "A" Development Agreement
APPROVED:
:_•:
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar
EXomm Items\2005\2 -23 -05 SpeciaMezoning -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 Applicant,
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:
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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 one lump - sum upon issuance of the first
building permit for construction of any residential units on the Property. If the
City has purchased Park land prior to that time, and the purchase price is greater
than $261,875 per acre, the Applicant agrees to pay an amount equal to the
purchase price per acre, up to $300,000 per acre, to address a demand of 3.2 acres
of park land for the development on the Property.
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
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
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E
3.
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and construct the beautification improvements.
Housing — A maximum of 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, 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. In analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short-term vacancies. 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. In addition, the Applicant shall make a
payment of $100,000 to the City on or before the issuance of the first certificate of
use and occupancy for the development on the Property, to be placed in a City
trust fund to assist in the development of affordable housing in the City's
Community Redevelopment Agency area.
Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount
equal to the annual Operating Millage Rate. If the Property Owner receives an
exemption for paying Operating Millage Taxes from Miami -Dade County, the
Property Owner shall contribute an amount equal to the Operating Millage Taxes
to the City of South Miami in any year that such exemption is granted. This
provision shall not abrogate any of the Property Owner's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami -Dade
County,
4. Work Force: In an effort to enhance job opportunities for local citizens,
Applicant agrees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South Miami, the Applicant
shall send notice to the Community Redevelopment Agency Director of the City
of South Miami, or a substitute designee by the City Manager, prior to or
concurrent with the issuance of any (1) bids for construction work on the
Property, (2) bids for temporary or permanent maintenance work on the Property,
or (3) proposals for leasing of retail space on the Property. In regard to
recruitment and employment, the Applicant shall demonstrate that it has used its
best efforts to hire job applicants from the City of South Miami, provided such
candidates are qualified for the positions in question. In addition, the Applicant
shall hire two residents from the CRA district to assist the Applicant in providing
construction services during the period of construction and development of the
Property. Payment for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
5; Site Plan.
a. Applicant shall retain ground water run -off in accordance with City regulations.
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3
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 a minimum of one (1) stop location on site for service by
the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57th
Avenue traffic. All HurryCane shuttle passenger pickups shall be coordinated
with the City of South Miami shuttle pick -ups to minimize traffic impacts.
£ 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.
is 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).
j. Applicant shall limit on site lighting property edges to 2 foot- candles of intensity
at an 18 inch height. Within six months of project completion the applicant is to
provide a certified report on the mandated illumination level.
k. Applicant is to assure that the refuse service areas shall be large enough to
accommodate 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,
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
MIAMI 819310.8 7326021531 4
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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.
in. 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 shown on the amended site
plan, as approved by the Planning Board, in order to breakup 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:
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8. 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 Plan. Any failure by this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Applicant of
the necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions.
9. Impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement,
10. Concurrence and Consistency. The Application together with the Applicant's
performance under the Development Agreement satisfies the concurrency
requirements, as delineated in Section 20 -4.1, City Code. By execution of this
Agreement, the City acknowledges that the application for site plan approval
meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
11. Term of Agreement, 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.
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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 Applicant, its
successors and assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing party in
the action or suit shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attorney's fees payable under this
paragraph shall not exceed 25% of the judgment.
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
Applicant(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.
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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 be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items or
terms are included without limitation as to any other items or terms which may
fall within the listed category.
20. Binding Effect. The burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21. Captions and Headinl1s. 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 filyi
City Manager
City of South Miami
6130 Sunset Drive
MIAMI 819310.8 7326021531 8
3/22/05 9:57 AM
Cony 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 party other
than the parties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the parties hereto.
26. Survival Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the termination of this Agreement, shall survive any
such termination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27. Periods of Time. Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall be extended to the next
day which is not a Saturday, Sunday or legal holiday.
MIAMI 819310.8 7326021531
3/22/05 9:57 AM
9
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 parry 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 819310.8 7326021531 10
3/22/05 9:57 AM
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
dated and attached hereto.
DATED this day of 2005.
CITY OF SOUTH MIAMI
By;
ATTEST;
CITY CLERK
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2005 by
of the City of South Miami and attested to by
City Clerk, of the City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
Notary Public:
Sign Name:
Print Name:
My Commission Expires:
Serial No. (None, if blank):
[NOTARIAL SEAL)
MIAMI 819310.8 7326021531 11
3/22/05 9:57 AM
IN WITNESS WHEREOF, the undersigned party has agreed to this Development
Agreement dated as of the day of 52005.
Witnesses:
Codina Development Corporation
Print Name:
Print Name: By
Armando Codina, President
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
200_, by Armando Codina, as President of Codina Development Corporation, a Florida
corporation, on behalf of said corporation.
He /She is personally known to me or has produced a State of driver's license as
identification.
Sign Name:
Print Name:
My Commission Expires: NOTARY PUBLIC
Serial No. (none, if blank):
[NOTARY SEAL]
MIAMI 819310.8 7326021531 12
3/22/05 9 :57 AM
Sour
O� �r
Al
0 INCORPORATED -,
1 927
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It
CITY OF SOUTH MIAMI
PLANNING BOARD
Special Meeting
Action Summary Minutes
Wednesday, January 5, 2005
City Commission Chambers
7:30 P.M.
L 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.
IL 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 681h_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 I (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.
P- age 3- Mr. Liddy inquired about the calculation of affordable housing, in
reference to Item 2(letter f) which relates to housing.
Planning Board Meeting
January 5, 2005
Page 4 of 6
Page 4- In Item 2 (letter e), which reads "Applicant shall provide locations on or
adjacent to the site for services by the HurryCane shuttle, should be revised to
reflect that the applicant shall provide stop locations and not interfere with traffic
and coordinate with South Miami Trolley system as well. On the same page, letter
f, the word "should" will be replaced by "shall." Furthermore, Board member, Mr.
Illas requested to change in the sentence that the applicant must provide trees with a
minimum of 6 inches in caliber, provide 25 trees and a few oaks trees. In letter g,
Board members felt it was necessary to add the word "maintain" when referencing
to the applicant shall provide and maintain a six -foot high CBS wall between the
project and the remaining service station. In letter k, Mr. Morton requested that a
definition of full yard dumpsters be provided in the sentence.
Page 4- In item 6, titled Schools, Ms. Anne Betancourt addressed the phrase
"regarding purchases" found in the second sentence of Item 6. She explained that
the phrase is no longer applicable and that it should be omitted. The sentence
should now read as the following: "Decisions shall be made jointly by the City and
School Board, and funds must be spent within two (2) years of the donation.
Mr. Morton opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Sharon McCain Opposed
Ms. McCain expressed concerned for not having enough low income housing as
well as stating that the density of the project is too high.
Yvonne Beckman 5871 SW 83 St. Opposed
Ms. Beckman inquired about the agreement that was made between Mr. Abraham
(owner of the property) and the developer who is buying the property. In addition,
she indicated that she felt this project would cause traffic problems and
overcrowding of schools.
Cathy McCann 5820 SW 87 St. Opposed
Ms. McCann referred to the issue of trees that will be planted and she indicated she
would like to see in the agreement clarification of the width, and canopy of the
trees. Other concerns she expressed is the timing of when the traffic study was
conducted and the density of the project.
Doris Hall Opposed
Ms. Hall stated that Mr. Abraham who is the owner of the property did not receive
his notice. She also expressed concern for the traffic problems.
Planning Board Meeting
January 5, 2005
Page 5 of 6
Mr. Morton closed the Public Hearing.
Motion: Mr. Comedeiro made a motion to defer the development agreement. No
one seconded the motion.
The motion died due to lack of a second by a Board member.
Motion: Mr. Comendeiro motioned to deny the development agreement. Mr. Illas
seconded the motion.
Vote: Ayes 2 Nays 4 (Mr. Morton. Ms. Gibson, Ms. Yates, Mr. Liddy)
The motion did not pass.
Motion: Ms. Yates made a motion, seconded by Mr. Liddy, to recommend
approval of the development agreement as amended, subject to the following
modifications.
1) Page 2, Item 1(b) the word "may" will be replaced with the word "shall."
2) Page 2, Item l (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
VIL 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.doc
NOV. =03' 04 (WED) 14;40 . BiLZiN SUMBERG
Pleading, motion, or other paper, includfng a reason-
able attorney's fee.
(7) In any proceeding under subsection (3) or sub-
section (4), no settlement shall ba entered into by the
161320 Short titie; ieglslative Intent. —
(1) Sections 163.3220. 163.3243 may be cited as
the "Florida local Government Development Agree-
4 A -4v
local government unless the terms of the settlement . ,. (2) The 9 lature finds and declares that:
have been the subject of a public hearing after notice (a) The lack of certainty in the approval of develop
as required by this par[: ment can result in a waste of economic and land
(a) In any proceedfng under subsection (3) or sub-' resources, discourage sound capital Improvement
section (4), the Department of Legal Affairs may inter- planning and financing, escalate the cost of housing
vane to represent the interests of rho state. and davelopment' and discourage commitment to corn -
(9) Neither subsection (3) nor subsection (4) prehensive phoning'
rejfevss the local government of its obligations to hold (b) Assurance to a developer that upon receipt of
Public hearings as required by law, his or her deVe�opment permit or browrtfleld dasigna-
HI91ary,- a 19, ch. 85 -64 S. Bpt. ph 25 -141: c, rp, ch. 2Gp2 -28fl ay proceed in accordance with existing
Gan he orshe m
183.3217 Munlelpal overlay for municipal Incorpo
ration.-
(t) PURPOSE —In order to assist in the planning
For Fuiure municlpal incorporation of a specific geo-
graphic area, it county may adopt a municipal overlay
as an amendment to its comprehenaive plan. A rnunir$
Pal overlay will allow a county, in cooperation with the
public, to address the future posslhla municipal incor-
poration of a specific geographic areal and the impact of
municipal incorporation on the provision of public sar-
vlces to serve the area.
(2) PREPARATION, ADOPTION, AND AMEND -
MENT of THE MUNICIPAL OVERLAY.—
(a)1• This section applies only in those jurisdic-
tions in which the county has authorIxed, by resolution
OF local ordinance, the development of a municipal
aver'Iay pursuant to the provisions of this section. A
county governing body, or a citizens' ,organization that
rspresenta property owners in the arch affected, may
sponsor the preparation bf the municipal overlay.
2. It shall be the responsibility of the county to pre-
pare the manic►pslo�rsrlatr #ciao area tlnriaritsyuFSdic=
c1h however, f the sponsor of the municipal overlay fs
vtharthan the county, the county may by written agree -
ment authoriza the sponsor to prepare some or all of gi
ProPOssd municipal overlay,
(b)1• A municipal overlay shall 1— ado tad as a
laws and poltat9s, subject to the condiions of a Bevel -
opmeht' agrearna nt, sound strengthens the public planning
process encourages pital improvement plan -:
ntng and flnanG(ng. assists in assuring there are ade-
prvate psrticipatilonsinocomprehensive h plane planning, and
reduces the economic costs of development.
(3) in conformity with, in furtherance of, and to
implement the local Caovernment Comprehensiva
Planning and lend Development Regulation Act and
the Florida State Comprehansive Planning Act of 1872,
it lathe intent of the Legislature to encourage a stronger
commitment to comprehensive and capital facilities
planning, ensure the provision of adequate public facili-
des for development. e the sconom cpcoefficient f develop. f
resources, and r
ment.
(4) This intent is effected by authorizing local gov-
ernments to enter Into development agreements with
developers, saWact to the procedures and require-
ments of ss. 163.30- 163.3243.
_(Sant ►one 163 3220 -1 G9,3243 shall be r garded-
as_supplementill arid adcitional to the powers con -
Ferred upon local govemments by other laws and shall
not 'be regarded as in derogation of any powers now
6xigary, t; s. 902, 611, 9 &.747; g 8 ch. 99 -976,
Hlitiary: s, t9. on, 88'tB •
amendment to the local government
Plan as prescribed t7 s 8 mrnent oamprehensiva
y 1 33784.
cal Government Devola ment
163.3227 Florida Floredr�ltions. --As used in as. 163-3220.
AgreementArt,d
2 A county may consider the adoption of a municf-
Pal overlay without regard to tha provisions of s.
163'3187(1) regarding
163.3243:
(1) "Brownileld dasrgnatfon" means a resolution
government
the frequency of adoption of
amandrnents to the local comprehens vii plan. p
(3)
adopted b a local pursuant to the
Brow rields by Act, ss. 376.77 - 376.85.
CONTEN7S OF MUNICIPAL OVERLAY. —A
rnurticfpal overlay must contain:
(2) "Corn rehensfve plan" means a plan adopted
"I Government Comprehensive
(ni Municipality. ry options for the creation of the now
rnuntcip$►fty
ppursuant to the -oral
PIanning and Land Development Regulation Act."
„ means an Person, ncluding
(b) A feasibility study as outlinad in chapter '165.
(e) A map of existing
a
govemm nt i'agenGY• undertalcing any development.
means the
a and proposed land uses in the
rid) by type and density.
(4) "Davelopment carrying out of any
building activity or mining operation, the mWng of any
population projections for the areet.
(a) Bata and analysis relating to the provision of
Public facilities. f❑
material change in tlto use or appearance or any struc-
turn or land, or the dividing of land into three or more
-.-
- r the area; -- ...__.....
rhe4)deFDNDIN� CF THE MUNICIPAL OV611L4Y.—
a development -
.. _ .._ .. _
(a) The following activftles or uses shall be taken
involve "development°;
fu of the municipal overlay shall bee
betwo y ha county unless there !s written agreement
an
for the purp❑sos of this act to
1• A reconstruction, alteration of the size, or mate -
rnmo the count and another entity to f and lt. rial
ry 7, ch. 96.4 t
change in the external appearance of a structure am
land.
1431
P, 002/005
I.
I;
,I
. I)
�J,
I4 Yf1
,
• M �l
�'1'It
,
,
p. A change in the intensity of use of land, such as
an Increase in the number of dwelling units in a struc-
ture or on land or a material increase in the number of
businessai, manufacturing establishments, offices, or
dwelling urltts in a structure or on land.
3. Aitc-ration of a shore or bank of a seacoast,
.i river, stream, lake, pond, or canal, including any
"coastal construction" as defined in s. 161,021.
4. Commencement of drilling, except to obtain soft
samples, mining, or excavation on a parcel of land.
1
S. Dernolltion of a structure.
6. Clearing of land as an adjunct of construction.
7. Deposli of refuse, solid or liquid waste, or fill on
r a parcel of lend.
[ i ( (b) The following operations or uses shalt not be
taken for the purpose of this act to involve 'develop-
ment":
r, ( 1. Work by a highway or road agency or railroad
I. companyforthe maintenance or improvement of a road
or railroad .rack, If the work is carried out on land within
the bDundeiess of the rfght -of-way.
2. Work by any utility and other persons engaged
` in the distribution or transmission of gas or water, for
f ; I the purpose of inspecting, repairing, renewing, or con-
, struoting an established- rights -of -way any sewers,
matins, piplas, cables, utility tunnels, power lines, tow -
ars, poles, tracks, or the like.
3. Work for the maintenance, renewal, improve
I ment, or alteration of any structure, if the work efforts
only the intariororthe colorof the structure orthe deco-
ration of the exterior of Ilia structurs.
4: -Tile use af'any structure of -lane d&Kit.a4. to
yl i' dwelling usasJor any purpose customarily incidental to
1 anjoyment of the dwelling.
I
S. The• use of any land for the purpose of growing
iI plants, crops, trees, and other agricultural or forestry
products; raising livestock; or for other agricultural pur
'! arses_
i s. A change in use of land or structure from a use
t within a crass specified in an ordinance or rule to
ICI ° another use in the same class.
7. A change in the ownership. orform of ownership
of any parcel or structure.
S. The creation or termination of rights of access,
r riparian rights, easements, covenants concerning
development of land, or other rights in land.
(c) "Development," as, designated in an ordinance,
' rule, or development permit includes all other develop-
mant customarily associated with It unless otherwise
specified. When appropriate to the context, 11devol❑p-
1 rnent" refers to the act of developing or to the rasult of
t development, Reference to any specffic operation is
• - n ❑t mtendi3d'to meals -tl5at thin - opera "lion or activity; when part of other operations or activities, is not daval-
opMent. Reference to particular 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 excepti ❑n, variance, or any other
official action of local government having the effect of
parmltting the development of land.
(6) "Governing body° means the board of county
commisslonars of a county, the commission or council
of an incorporated municipality, or any other chief gov-
arning body of a unit of local government, however des -
ignaled.
(7) "Land" means the earth, water, and air, above,
pelaw, or on the surface, and includes any improve-
ments or structures customarily regarded as land.
(B) "Land devaiapmani regulations" means ordi-
nances enacted by governing bodies torthe regulation
of any aspect of development and includes any local
government zoning, rezoning, subdivision, building
construction, or sign regulations or any other regule-
tions controlling the development of land.
(9) "Laws" means all ordinances, resolutions, rBgu-
fations, comprehensive plans, land development regu-
lations, and rules adopted by a [coal government affect.
Ing the devalopmeni of land.
(10) "Local government" means any county or
municipality or any special district or local gavemmen-
tal entity established pursuant to law which exercisas
regulatory authority over, and grants development per -
mits far, land development.
(11) "Focal planning agency" means "the agency
designated to prepare a comprehensive plan or plar;
amendment pursuant to the "Florida Locaf Government
Comprehensive planning and Land Developrnent Rog -
ulation Act."
(12) "Person" means any individual,. corporation,
business or land trust, estate, trust, � attnarshfp, asso-
ciation, two or More persons having a joint or common
interest, state agency, or any legal entity.
-(13)- "Public facilities—mear~s- major - cap ital- improve-
- mantis, including, but not limited to, transportation, sani-
tary sewer, solid waste, drainage, potable water, adu-
cattonal, parks and recreational, and health systems
and facilities.
(14) "State land planning agency" means the
Department of Community Affairs.
H,alory. --�s. 2n, ch 0G- 797:.. 4. Ph. 62.1213; L 6, Fh. 99.270.
163.3223 Applicablilty� Any local govemment
may, by ordinance, establish procedures and requlre-
ments, as providers in se. 163.3220. 163.2243, to con.
bider and enter into a development agrearnent with any
person having a legal or equitable interest in rest prop-
erty located within its jurisdiction.
ryf6lory. —s. 21, d,. 00 -1e1,
/`!53.3225 Public_hearin�s
e ore enter ng nto, amending, or revoking a
development agreement, a focal government shall con-
durst at least two public hearings. At the option of the
governing body, one of the public hearings may be held
by-the`tocef-planning*agency -- __ -, --
(2)(a) Notice of intent to consider a development
agreement shall be advariisad apprnxtrnately 7 days
before each public hearing in a newspaper of *general
droulation and readership in the county where the local
government is located. Notice of intent to consider s
development agraomant shall also be mailed to all
affected property owners before the first public hearing.
The day, time, and place at which the second public
hearing will be help shall be announced at the first pub-
ic hearing.
1432
NOV, -03' 04 (WED) 14.41 BiLZIN SUMBERG
F,5. 2b03 INTERGOVERNMENTAL PROGRAMS ch. 763
(h) The notice shall specify the location of the land
subject to the- development agreement, the develop-
ment uses proposed on the proplarty, the proposed
population densities andthe proposed building intensi-
consistent with the local government's comprehensive
plan and land development regulations.
K,Ubrr. —e. 2E. M. Ps.1e1.
ties and height and shall specify a place where a copy
163.3233 Local laws and policies governing a
of the proposed agreement can he obtained.
development agreement.—
Hlatary. --c. z2, C,. es -101,
(1) The local government's laws and policies gov-
orning the development of the land at the time of the
163,3227 Requirements of a duvslopmant agree-
axscution of the development agreement shall govern
monL --
(1) A development agreement shall include the fal-
the development of the land for the duration of the
development agreement.
lowing:
(a) A legal description of the (land subject to the
(2) A local government may, apply subsequently
adoptsd'laws and policies to a development that is sub-
agreement, and the names of its Wgai and equitable
ject to a development agreement only If the local gov-
owners;
(b) The duration of the agreement;
ernment has hold a public hearing and determined:
(a) They are not in conflict with the laws and polf-
1 (c) The development uses parrnitted on the land,
including population densities, and building intensities
cies governing the development agreement and do hot
and height;
prevent development of the land uses, intensities, or
(d) A description of public facilities thatwill service
densities in the development agreement;
(b) They are essential to the public health, safety,
the development, including who shall provide such
facilities; the data any new facilities, i( needed, will be
or welfare, and expressly state that they shall apply to
constructed; and a schedule to assure public facilities
a development that is subject to a development agree-
,
are available concurrent with the imaacts of the Bevel-
opment; -
ment;
(c) They are spaclffcally anticipated and provided
(e) A description of any reservation or dedication of
land f ar pulic purposes;
for in the development agreement;
(d) The local govemment demonstrates that sub -
(f) Ad "Scrip"'ll of all local development permits
approved needed to be approved for the develop -
stanttal changes have occurred In pertinent conditions
existing at the time of approval of the development
t of the j
(g) A finding that the development permitted or pro-
agreement; or
(a) The development agreement is based an sub-
posed is consistent with the local ,government 's com-
stantially inaccurate information supplied by the deve -
prahensive plan and land developmant,regulations;
open
(h) A description of any conditions, terms, restric-
(3) This section does not abrogate any rights that
fiods, or other requirements determined to be neces-
may vast pursuant to common law.
sary by the local government for the public health,
Hlmcry, -"' 25, ch ee 101,
safety, or welfare of its citizens; and
- (►) - -A- statement- indicating-that- .the - failure . of - the
153,3235 Periodic revlow of a development agree-
-- --. - - -- - -_.
man¢ —A local-gr�vernmrint�stial►review land subjacitc
dgrsemant to address a particular permit, condition,
term; or restriction shall not relievette developer of the
a development agreement. at least once ovary ed
necessity of complying with the law governing said per-
mittin8 requirements, conditions, 1en11, or restriction.
g o good determine o li if there has been demonstrated
good faith compliance with the terms of the devalop-
(ti A development agreement m;ly pr ❑vide that the
entire development or any phase thereof be corn-
ment agreement. For each annual review conducted
during years 6 through 10 of a development agree-
monced or corn letsd within a speotflo period of time.
ment, the review shall be incorporated into El written
Nmlory, —a. 9e, on. •191;1. ai, ch.91.4b.
report which shell be submitted to the parties to the
163.3229 Duration of a development agreement
I and relationship to local compreheinsive plan. =The
Iduration of a development agreement shall not exceed
10 Yaar.,64 It may be extended by mutual consent of the
governing body and the developer, subject to a public
hsadng in accordance with s, 163.3225. No devalop-
Mani agreement shall be effective or be implemented
by a local government unless the Incal govemment's
comprahensive plan and plan amendments implement -
Ing or related to the agreement are found in compliance
by the state land planning agency in aiccordancs with s.
I 163.3184, s. 166,31137,. or s. 1.63,31 fig..
_ — Hic1tiR, -IL 0116 8$.181; 3.20, d,, 01.46; C. 11, .h. 92-199,
I 163.3231 Consistency with tha comprehensive
Plan and land development regulations.—A develop -
mast agreement and authorized development shall be
agreement and the state land planning agency. The
state lend planning agency shall adopt rules regarding
the contents of the report, provided that the report shali
be limited to the information sufficient to determine the
extent to which the parries are proceeding In good faith
to comply with the terms of the development agree
menl. if the local government finds, on the basis of sub-
stantial competent avidence, that there has been a fail-
ure to comply with the terms of the development agree-
ment, the agreement may bin revoked or modified by
the local government.
lilelbry —9.27, ch. 80.101; % 12, d1, 9,p•taq,
163.3 37 '"Ar6ondment ❑r cancellation of a devel.
opment agreement ---A development agreement may
be amended or cianceled by mutual consent of the par-
ties to the agreement or by their successors in interest.
Hlemry. —a. 29, ch. 99.191.
1!133
P. 004/005
;i
8
NOV. -03' 04(WED) 14:41 BILZiN SUMBERG
P. 005/005
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'' II
Ch. 163 INTERGOVERNMENTAL. PROGRAMS F.S. 2oD3
163.3239 grcording and effectiveness of a devel- starves it it is determined that the plan would further
l r r
opment agreement— Wlthln 14 days after a local gov - the purposes of this part and part I of chapter aao
J
arnment enters into a development agreement, the Preparation of an optional sector plan is nuihorizaq b
• 1,
�i
local government shall record the agreement with the agreement between the state land planning agency
clerk of the circuit court in the county where the local and the applicable local g❑viarnments
under s,
government is J=ated. A copy of the recorded develop- 11333,3171 (4). An optional sector plan may be adopted
rnant agreement shall be submitted I❑ the state land through one or more comprahensivn plarl amendments
planning agency within 14 days after the agreement is under s. 163.31K However, an Optional sector
,,
plan
recorded. A development agreement shall not be effec. may not be authorized in an area of critical Gtatn con-
tive until it is properly recorded in the public records of corn.
111, If I
the county and until 30 days after having been received (2) The staia land planning agency may enter into
by the state land planning agency pursuant to this sec- an agreement to authorize preparation of an optional
;
tion. The burdens of the development agreement shall sector plan upon the request of one or more local gov-
I�1� f'
be binding upon, and the benefits of the agreement omments based on consideration of problems and
shall inure to, al, successors in interest to the partlns to opportunitles presented by existing development
rh;i'
the agreement. - trends; the effectiveness of current corn rehansive
HlalnrV - --' +. 20, ch. Ft, 1131; c. 13, ch. 92 -12n p
plan provisions; the potential to further the state com -
n rehansive p lan, applicable Strategic re iona163.3241 Mcndiftcation or revocation of d develop- l policy
ment agrearnent to comply with subsequently anacted plans, this part, and part I of chapter 380; and those fac-
tors identified by s. 163,3177(10)(1). The applicable
enacted after the execution tae or fd agree- regional planning council shall conduct a sc❑ptng meal.
development g
ing with affected local governments and those ages.
ment which are applicable to and preclude the parties' cias identified in s.163-3184(4) before execution of the
compliance with the terms of a development agree-
p
I
agreement authorized 6 this section. The purpose
meni, such agreement shall be modified or revoked as ths meeting is TO assist he state land plannig gency
is necessary to comply with the relevant state or federal
�'
laws. and the local government in the identification of tl)a rel-
�IIi�II
avant planning issues to be addressed and the data
30, ch 8,3181. p
and resources available to assist in the preparation of
I�
163.3243 Entorcamont, -w Any party, any aggrieved subsequent plan amendments. The tegtariai planning
or adversely affected person as dafinad in s. council shall make written recommendations to the
163.3215(2), orthe state land planning agancymayfile state land planning agency and affected local govem-
V;
an action for injunctive rell6f in the Pircult court where- mants, including whether a sustainable sector plan
the local government is locafad to anforca the; erns of would be appropriate. The agreement must defihe the
I; p
a development agreement or to challenge compliance geographic area to be subject to the sector plan, the
1 {' ;i
of the agreement with the pravislons` ❑f SS. 163.3220- planning issues that will be emphasized, requirements
1x3:3243: for ..inter-governmental. co ❑rdinatlon --
to-- addrosa
sxtrajurtsdictional impacts, supporting application
j
163.3245 O t {phalsector tans.— materials including data and analysts, and prucequras
1 p p for public participation. An agreement may address
O In
li !I t I
rec❑gnitlan ofthe benefits of canoapival long- previously adopted sector plans that are consistent
range planning far the buildout of an area, and detailed with the standards in this section. Before executing an
planning for specific areas, as demonstration
;I
a project, agreement under this subsection, the local government
the requiremente Of a. 350.06 may be addressed as shall hold a duly noticed public workshop to ravlew end
�.t
'`l';
identified by this section for up 10 five local govern - explain to the public the optional sector planning proc-
merits or combinations of local governments which ess and the terms and conditions the
of proposed
adopt into the comprehensive plan an optional sector agreement. The local government shall hold a duly
Ian in accordance with this section. This section is noticed public hearing to execute the All
agreement.
ntended to further the'lntent of a. 163.3177(11), which meetings between the depattmant and the local gov
supports innovative and flexible planning and develop- arnment must be open to the public.
ti I
melt strategies, e,nd the purposes of this part, and part (3) Optional sector planning encompasses two lev-
I of chapter 380, and to avoid duplication of effort in
;, I
els: adoption under s. 163.3154 of a conceptual long-
terms of the level of data and analysis required for a term buildout overlay to the comprehensive plan, hav-
development
t ,
t
of mglonal impact, while ensuring the ing na immediate effect on the issuance of develop-
adequate mitigation of impacts to applicable regional Mani orders or the applicability of s. 380 D 8' ado
and p-
resources and facilities, including those within theluris- fion under s. 163,3104 of detailed specific area plans
diction of other lot:al governments, as would otherwise
that implement the conceptual long -term buildout over-
be provided. Opllonal. sector plans. ara_intended for. .lay and authorize issuance of development- orders, and
l
I
- .
sub stanfial'geographic areas including at least 5,000 within which e. 380.06 is waived. Until such time as a
acres of one or more local governmental jurisdictions detailed specific area plan is adopted, the underlying
and are to emphasize urban form and future land
t
protection of use designations apply.
regionally significant resources and facilities. The state (a) In addition to the other ra uirements of this
land planning egancy may epprav0 optional sector chapter, a conceptual long -farm buildout
overlay must
plans of less than 5,000 acres based on local circum- include:
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