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04-04-05 Item 13South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER M-AmeficaCfty '' INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Commission Members From: Maria Davis City Manager Date, April 4, 2005 ITEM No. / FL 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) 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. 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 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 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 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 407 dwelling units and 12,476 square feet of commercial space ; and WHEREAS, the City Commission at its March 28, 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 March 28, 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 Resolution 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 l That a Development Agreement, attached as Exhibit "A" and dated March 22, 2005 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 1St Reading — 2" d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 52005 APPROVED: Attachment: Exhibit "A" Development Agreement ZINT67-11 COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar EXomm Items\2005\2 -23 -05 SpeciahRezoning -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 Suite 2500 Miami, Florida 33131 -2336 DEVELOPMENT AGREEMENT (Space Reserved for Clerk) This Development Agreement is made as of this day of , 2005, by and between The City of South Miami, Florida, a municipal corporation ( "City ") and Codina Development Corporation ( "Applicant "). Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on the 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: MIAMI 819310.8 7326021531 3/22/05 9:57 AM 1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. 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 MIAMI 819310.8 7326021531 2 3/22/05 9:57 AM Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. f. 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. 3. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Millage Taxes from Miami -Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This provision shall not abrogate any of the Property Owner's rights to file appeals of Tax Assessments for the Property, in accordance with the laws of Miami -Dade County. 4. Work Force: In an effort to enhance job opportunities for local citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (1) bids for construction work on the Property, (2) bids for temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants from the City of South Miami, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the Property. Payment for the positions shall be at Applicant's sole expense and shall be commensurate with similar job levels and responsibilities in comparable industries. 5. Site Plan. a. Applicant shall retain ground water run -off in accordance with City regulations. M1AMI 819310.8 7326021531 3 3/22/05 9:57 AM b. Applicant shall provide on site security. As part of onsite security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate 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 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). 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 3/22/05 9:57 AM 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 shown on the amended site plan, 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 819310.8 7326021531 3/22/05 9:57 AM 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. 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 819310.8 7326021531 6 3/22/05 9:57 AM 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. MIAMI 819310.8 7326021531 7 3/22/05 9:57 AM 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 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 819310.8 7326021531 8 3/22/05 9:57 AM 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 Copt/ 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 9 3/22/05 9:57 AM 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 819310.8 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 32005. 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. My Commission Expires: Sign Name: Print Name: NOTARY PUBLIC Serial No. (none, if blank): [NOTARY SEAL] MIAMI 819310.8 7326021531 12 3/22/05 9:57 AM EXHIBIT "A" LEGAL DESCRIPTION MIAMI 819310.8 7326021531 13 3/22/05 9:57 AM ou 7 INCORPORATEI 1927 P �oRt, 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 57 h Avenue and 5757 SW 68'' 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. Id, 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 l (letter b) word "may" should be replaced with "shall. In Item 2(letter a), that reads "Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final certificate of Use and Occupancy," Mr. Morton requested to clarify this sentence further with staff. In section 2(letter d), sentence 1, which states "Based on the projected residential population on the Property, Applicant agrees to donate a total of $838,000 to the City, to be earmarked in a special fund for spending on capital improvements to park and recreation facilities the City." He inquired about bonding the amount of 838,000. Page 3- Mr. Liddy inquired about the calculation of affordable housing, in reference to Item 2(letter f) which relates to housing. Planning Board Meeting January 5, 2005 Page 4 of 6 Page _4- In Item 2 (letter e), which reads "Applicant shall provide locations on or adjacent to the site for services by the HurryCane shuttle," should be revised to reflect that the applicant shall provide stop locations and not interfere with traffic and coordinate with South Miami Trolley system as well. On the same page, letter f, the word "should" will be replaced by "shall." Furthermore, Board member, Mr. Elas 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 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.doe NOV.. =03' 04 (WED) 14:40 . BILZIN SUMBERG Pleading, motion, or other papai, including a reason• able attorney's fee. (7) In any proceeding under subsection (3) or sub- section (4), no settlement shall b2 entered info b the 161322, ,cbort title; legislative intent. — (1) 88citona 133.3220 - 163,3243 may be cited as the -'Florida Local Government Development Agree - " loca! government unless the tarrns of the settlement Mme e is attire finds and declares that: have been the subject of a ubiie hearing after notice (2) The look of certainty in the approval of develop- as required by this pare P g ment can eresulr in a waste of economic and lan (9) In any praceoding under subsection (3) or sub-, resources, discourage Bound capital ImpC ❑vem>�nt section (4), the.Departrnent of Legal Affairs may inter - planning and financing, escalate the cost of housing vane to represent the interests of rho state. and development and discourage commitment to c am. (9) Noither subsection (3) nor subseotion (4) prahensive planning' relieves the local government of Its obligations to hold (b) Assurs0cp to a developer that upon receipt of public hearings as required by law, his or her d ®velopment permit or brownfiold designa- Hieiory.— 18, Ch. 95.65 e. Aar, eh, 05 -147: L io, Ch, 2002 -2911 lion he or she may proceed in accordance with existing 163.3217 INunlclpal overlay for municipal incorpo• ration,-- (1) PUFIPOSE= —In order to assist in the planning for future mtlnlcipal incorporation of a specific geo- graphic area, a county may adopt a municipal overlay as an amendment to its comprehenaivo plan. A munici- pal overlay will allow a county, in cooperation with the public, to address the future possiple municipal incor- poration of a specific geographic areel and the impacl of municipal incorporation on the provision of public ser- vices to serve the area. (2) PREPARATION, ADOPTIOI,I, AND AMEND- MENT OF THE MUNICIPAL OVE=RLAY.— (41. This section applies only in those jurisdic- flans in which the county hoe authorliced, by resatufiion or kcal ordinance, the development of a municipal overlay pursuant to the provisions of this eaction. A county governing body, or a citizens' arganization that represents property owners in the area affected, may sponsor the preparation of the municipal overlay. Z It shall be the responsibility of the county to pre - Pare the mtlnicigal,cyerlat, loran araaylnd6i its)urisdic= liurif-howevor, i the sponsor of the murilclpai overlay is otherthan the county, the county may by wation agree- ment authorize the sponsor to prepare some or all of a Proposed rnunioipal overlay. (b)1. A municipal overlay shall be ado feel as an laws and groo e3 ontustrrent thens the conditions public of fanning process, a cou gas sound capital improvement plan- ning and finariGing- assists in assuring there are ade- p Private porticipatlioln in for comprehensive the plane planning, reduces the economic casts of development. (3) to conformity with, in furtherance of, and to implement the Local Government Comprehensive Planning and Lund ' comprehensive P annng Art of 1972, the Florida State g it!athe intent ofth@ Legislatureto encourage a stronger commitment to comprehensive and capital facilities Planning, ensure the provision of adequate public facif- resourc se and P educe the economic cccost efficient f develop• Mont (4) This intent is effected by authorizing local gov- ernments to entar Into development agreements with developers, s,owaet to the procedures eind requira- n7enfs of Be. 163.$V0- 163.3243. .,._(?)__Se-otlao� 163. 3220 - 163.3243 shall be r$gaed ®d. as supplemental ant adttittorial °to the powers con. iarredupon local govemrrients by other laws and shall not be regarded 115 in derogation of any powers now oxisthq. 1p1 s. 9II2, Ciy 06.147; A A. Ch. 98 -3713, HiMMY, -6 19, 01180 amendment to the Iocaf government comp ehensive isa.3221 Florida Local Government Development Plan as prescribed by s. 163.3184. AgreettiontAcE; ns. 2. definitio--As used in as. 163.3221)- 4 county may consider the adoption of a municl- 163.3243: Pal overlay without regard to the provisions of s. (1) "Brownfald 65091140n" means a resolution 163.3187(1) regarding the frequency of adoption of adopted by a local government pursuant to the amendments to the local comprehonafvte plan. Brownilelds Redevelopment Act, ss. 376.77.373.BE. (3) OONTEN7S OF A MUNICIPAL OVERLAY.—A (2) "Corn r9bgrOvs plan" means a plan adopted municipal overlay must contain: pursuant to the "L ocal Government Comprehensive (a) boundary options for the creation of the new Planning and Land OeVelopment Regulation Act." munlciparrry- " moans an arson, including a (0) A all fllty study as outlined in chapter 165. g vemment llagencyl undertalungany development. area )by me onfOxansng And proposed land uses in the b (44) "Devel ❑pmanning 6 e a lan t carrying kin t of any d uildIng activity or m p g y (d) Population projections for the areet. malarial change in the use or appearance of any struc- (a) Data and analysis relating to the provision of lure or land, or the dividing of land into three or more pUbiic fRoillties.f� g . P__..__.......... . ... . ... - - -- .-_- - -- for-the area. - -- 22___22.___ ... parcels;-... . The FUNDING OF _ activities or uses shell be taken fuunq deve opment of the municf atl-ovQr! Y Rha ►l bey (a) P rpos9 of following p I � for the u this sot to involve "develo mern . botw* by the dounty unless there is written agreement 1. A reconstruction, alteratfan ❑f the size, ❑r mate. the count and another entity to Lund It. rial change in the extornal appearance of a structure an �mc� « >,Ch.24.4te y land. 1431 P. 002/005 i i i' , I � i. a. �t i ............ . NOV..-63' 04 (WED) 14:40 BILZiN SUMBERG P. 003/005 Ch. 7 &3 INTI= RGDVERNMENTAL PRDCxRAMS 1.5.21103 of an incorporated municipality,' or any other chief gov, erning 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 improve- inents or structures customarily regarded as land. .(B) "Land development regulations" moans ordi- nances enacted by governing bodies for the regulation of any aspect of developmont and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other ragula- tions controlling the development of land. (s) "Laws" moans all ordinances, resolutions, ragu- latlone, comprehensive plans, land development ragu. lations, and rules adapted by a local government affect- Ing the development of land. (1o) ,Local government" means any county or municipality or any spacial district or local governmen- tal entity established pursuant to law which exercises regulatory authority over, and grants development par - 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, astate, trust, partnership, asso- eiation,two or more persons having a joint or common interest, state agency, or any legal tantity. .- {13)_- Public.iacilities" meas~s- majQr_cRPi�l.itxtprove- ments, Including, but not limited to, transportation, sani- tary sewer, solid waste, drainage, potable water, edu- cotional, parks and recreational, and health systems and facilities. ('14) "State land planning agency" means the Department of Community Affairs. H,amry. -fi. 2[1. Ch GG•181:.. 4.13h. 92.120; a 9, pry. 99-379. . 163.3223 App Ilan billty. —Any local gflvemment may, by ordinance, establish procedures and mqulre- ments, as provided in sa. 163.3220 - 153.3243, to con - alder and enter into a development agreement with any person having a legal or equitable interest in real prop- art located within its jurisdiction. Hff9lory. -�C, 21, ch. 99.784, 2. A change in the intensity of use of land, such as 'tld an Increaso in the number of dwelling units in a struc- >h1 lure or on land or a malerial increase in the number of ment" refeis to the act or developing or to the result of is businesseti, manufacturing astablishmants, offices, or land. the boundarles of the right -ol -way. 2. Work by any utility and other parsons engaged dwelling units in a structure or on development. Reference to any specific operation r . p _... not intandi�d "to mean that the operation or activity -.. 3. Ali- ration of a shorn or bank of a seacoast, l river, stream, lake, pond, or canal, including any when art of other operations or activities, is not dpvel- opmant. F efsrance to particular operations is not "coastal construction" as defined in s. 161.021. 4. Cornmencemenl of drilling, except to obtain soil the purpose of inspecting, repairing, renewing, or con - samples, mining, or excavation on a parcel of land. t S. Demolition of a structure. s. Clearing of land as an adjunct of construction. structing an established rights -of -way any sewers, 7. Deposit of refuse, solid or liquid waste, or fill on permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other a parcel of lend. (b) The following operations or uses shalt not be 'develop- mains, piptas, cables, utility tunnels, power lines, tow - taken for the purpose of this act to involve ` I merit "; 1. Work by a highway or read agency or railroad of an incorporated municipality,' or any other chief gov, erning 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 improve- inents or structures customarily regarded as land. .(B) "Land development regulations" moans ordi- nances enacted by governing bodies for the regulation of any aspect of developmont and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other ragula- tions controlling the development of land. (s) "Laws" moans all ordinances, resolutions, ragu- latlone, comprehensive plans, land development ragu. lations, and rules adapted by a local government affect- Ing the development of land. (1o) ,Local government" means any county or municipality or any spacial district or local governmen- tal entity established pursuant to law which exercises regulatory authority over, and grants development par - 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, astate, trust, partnership, asso- eiation,two or more persons having a joint or common interest, state agency, or any legal tantity. .- {13)_- Public.iacilities" meas~s- majQr_cRPi�l.itxtprove- ments, Including, but not limited to, transportation, sani- tary sewer, solid waste, drainage, potable water, edu- cotional, parks and recreational, and health systems and facilities. ('14) "State land planning agency" means the Department of Community Affairs. H,amry. -fi. 2[1. Ch GG•181:.. 4.13h. 92.120; a 9, pry. 99-379. . 163.3223 App Ilan billty. —Any local gflvemment may, by ordinance, establish procedures and mqulre- ments, as provided in sa. 163.3220 - 153.3243, to con - alder and enter into a development agreement with any person having a legal or equitable interest in real prop- art located within its jurisdiction. Hff9lory. -�C, 21, ch. 99.784, ' I• companyforthp maintenance orimprovemeritof a road or railroad -.rack, U this work is carried out on land within ment" refeis to the act or developing or to the result of is I the boundarles of the right -ol -way. 2. Work by any utility and other parsons engaged ... development. Reference to any specific operation r . p _... not intandi�d "to mean that the operation or activity -.. .... - - -- ..... - -- tiY l ocal -planningagency.- (2)(a): Notice of intent to consider a development in the distribution or transmission of gas or water, for when art of other operations or activities, is not dpvel- opmant. F efsrance to particular operations is not the purpose of inspecting, repairing, renewing, or con - t I I structing an established rights -of -way any sewers, n permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other government is located. Notice of intent to con sider a dovetopmara agreement shall also be malted to all mains, piptas, cables, utility tunnels, power lines, tow - official acti.)n of local government having the effect of affected property owners before the first public hearing• The time, and place et which the second public era, poles, tracks, or the like. permitting the development of land. (a) "Governing body" means the board of county c 3 Work for the maintenance, renewal, Improve - commisslonars of a county, the commission or council lie hearing. ment, or alteration of any structure, if the work affects i , tt (!I, � ' only the int3rior or the color of the structure orfho deco- , ;� '' ' ration of the exterior of the structure. 4i - -Tile use -of "any sfrucfii�e ar -iand- aevoted. tb , dwelling us es for any purpose customarily incidental to { enjoyment of the dwelling. 5. The use of any land for tho purpose of growing )t +i plants, craps, trees, and other agricultural or forestry rsising rwastock; or for other agricultural pur- products; ii' �� .r poses - s. A changa 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. 7. A change in the ownsrship.orform of ownership of any parciel or structure. 9. The creation or termination of rights of access, riparian rights, easements, covenants concerning davalopmenf of land, or other rights iii land. i� (c) Development," as, designated in an ordinance, d t it' ❑ludes all other develop- of an incorporated municipality,' or any other chief gov, erning 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 improve- inents or structures customarily regarded as land. .(B) "Land development regulations" moans ordi- nances enacted by governing bodies for the regulation of any aspect of developmont and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other ragula- tions controlling the development of land. (s) "Laws" moans all ordinances, resolutions, ragu- latlone, comprehensive plans, land development ragu. lations, and rules adapted by a local government affect- Ing the development of land. (1o) ,Local government" means any county or municipality or any spacial district or local governmen- tal entity established pursuant to law which exercises regulatory authority over, and grants development par - 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, astate, trust, partnership, asso- eiation,two or more persons having a joint or common interest, state agency, or any legal tantity. .- {13)_- Public.iacilities" meas~s- majQr_cRPi�l.itxtprove- ments, Including, but not limited to, transportation, sani- tary sewer, solid waste, drainage, potable water, edu- cotional, parks and recreational, and health systems and facilities. ('14) "State land planning agency" means the Department of Community Affairs. H,amry. -fi. 2[1. Ch GG•181:.. 4.13h. 92.120; a 9, pry. 99-379. . 163.3223 App Ilan billty. —Any local gflvemment may, by ordinance, establish procedures and mqulre- ments, as provided in sa. 163.3220 - 153.3243, to con - alder and enter into a development agreement with any person having a legal or equitable interest in real prop- art located within its jurisdiction. Hff9lory. -�C, 21, ch. 99.784, rule, or et elopmen perm m ment oustamarily associated with It unless otherwise specified. When appropriate to the context, "devolop- e era tinier rig rite a mending, or revoking a development agraament, a local government shall con - ment" refeis to the act or developing or to the result of is duct at least two public hearings. At the option of the ovemin boa one of the LiMiG hsarin s may be h g 9 Y, P 9 ... development. Reference to any specific operation r . p _... not intandi�d "to mean that the operation or activity -.. .... - - -- ..... - -- tiY l ocal -planningagency.- (2)(a): Notice of intent to consider a development when art of other operations or activities, is not dpvel- opmant. F efsrance to particular operations is not agrsonlcnt shall be advartivod approximately 7 days before each hearing in a newspaper of'gsnsral intended tc limit the generality of this subsection. " • "Development ermit includes an building (5) p Y public circulatiari and readership in the county where th e iacal n permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other government is located. Notice of intent to con sider a dovetopmara agreement shall also be malted to all official acti.)n of local government having the effect of affected property owners before the first public hearing• The time, and place et which the second public permitting the development of land. (a) "Governing body" means the board of county .day, hearing will be held shall bo announced at the first pub - commisslonars of a county, the commission or council lie hearing. i , tt 1432 NOV. -03' 04 (WED) 14:41 BiLZIN SUMBERG F,S- 2bD3 INTERGOVERNMENTAL PROGRAMS ch. lo (b) The notice shall specify the location of the land subject to the. development agrasihent, the develop - ment uses proposed on the property, the proposed population densities, and the proposed building intensi- lies and height and shall specify a (dace where a copy of the proposed agreamant can be obtained. Hlamry. —Z• 22, ch, a& 101. 163.3227 Raquirements of a duvslopment agme- manL-- (1) A development agreement shall include the fol- I lowing: (a) A legal description of the hand subject to the agreement, and the names of its logal and equltabla 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 concurrent with the lmoacts of the daval- opment; - (a) A description of any rasarvation or dedication of land for public purposes; (f) A decnphon of all s local developmant permits approved or needed to be approved for the develop- ment of the lend; (g) A finding that the development permitted or pro- posed is consistent with the local govemment's com- prehansive plan and land developmant regulations; (h) A description of any condihc-ris, 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 (l)— -A -staternent--inr icatfng. that -tthe- failure.-of-the- agreement to address a particular psrmlt, condition, tarrtr, or restriction shall not relieve e a developer of the necessity of complying with the law governing said per- mitting requirements, conditions, tans, or restriction. (2) A development agreamant may provide that the entire development or any phase thereof be com- menced or coTplated within a specific period of time. Hlolarv, —s. 2S, ah. ©6.16Y a. s1, chh.91.4G. i163.3229 duration of a development agreement and relationship to local comprehensive 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 haRring in 'accordance with s. 1613225. No develop- ment agreement shall be effective or be implemented by a local government unless the Iucal government's comprehensive plan and plan amendments implement- 109 or related to the agreement are found in compliance by the state land planning agency In eiccordance with s. 163.3164, s,165.31H7, or s. M.31109. _... _ .. . - - I - H164---L 24, Oft x4181: n. a� dl, 21-44; L 11, .Ili 92 -120, 163.3231 Consistency with the comprahensive Plant Bind land development regulatlons.—A develop- s ment agreement and authorized development shall be consistent with the local government's comprehensive plan and land development regulations. 111etcry. —e. 25, ch. W21. 163.3233 Local laws and policies governing a development agreement. -- (1) The local government's laws and policies gov- erning the development of the land at the time 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- loci to a development agreement only if the local gov- ernment has held a public hearing and determined: (a) They are not in conflict with the laws and polf- cias 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 wolfara, and exprassly 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 (9) 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 vest pursuant to common law. Hl<laU. —s. 25, dL S&IS1, 163.3235 Periodic roylow of a davelopMent ac,�res- trieti�= A�lbdalgav�rrimani :'shall�r�iiew (arid subjecito a development agreement 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- ment, the review shell 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 shalt 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- ment. If the local government finds, on the basis of sub- stantial competent evidence, that there has been a fail- ure to comply with the terms of the development agree- ment, the agreement may be revoked or modified by the local government. Hlalery. —s. 27. ch. AMP!; a, 1R, ch. 29.129. 163:3237 Amendment or caneallatlon of a deval- opment agreement.--,A devolopment agreement may ba amandad or oancelad by mutual oonsent of the par- ties to the agreement or by their successors in interest. Hle,orv. —e. 28, ch. 88 -191. 1433 P. 004/005 I.: i �1 ,t •Ii ;l 1. u )SOU. -03' 04(WED) 14:41 BILZIN SUMBERG ? I I •. t •I I, , I )' it Iii +•`, ' I�+ il• tII 04 r h •{ I, liil;!I�,i I, .r 'IY i I + 4' P. 005/005 Ch. 163 INTERGOVERNMENTAL PROGRAMS— � F -S 003 163.3239 Fitacording and effectiveness of a dev opment agreament.— Within 14 days after a local g amrnent enter:+ into a development agrsernent, t local government shall record the agreament with t clerk of the circ utt court in the county when, the is government is limated. A copy of the recorded davel ment agreemont shall be submitted to the state la planning agency within 14. days after the agreement recorded. A development agreement shall not be efla Ova until it is properly recorded in the public records the county and until 30 days after having been raceiv by the state land planning egonoy pursuant to this se tion. The burdens of the development agreement sh be binding upori, and the benefits of the agreeme shall Inure to, al. successors in interest t❑ the partins the agreement. HfatarV• %. 29. oh. F -F -imi a, m ch. n —in 153.3241 Mcidification or revocation of d develop ment agreement to comply with subsequently enacte state and federal law. —If state or federal taws an enacted after the execution of a development agree ment which are applicable to and preclude the parties compliance with the terms of a devalopmeni agree ment, such agreament shall be modified or revoked a is necessary to comply with the relevant state or fedora laws. Niotory. -6. MD, ch &3 lei. 163..:3249 Entorcemant,= Any.party, any aggrieve or adversely affected person as defined in s. 163.3215(2), orthe state land planning agency mayf +le an action for injunctive relief in the circuit court where the local govemment is located to enforce the terms of a development sgreemsnt or to challenge compliance of the agreement with the provisions of SS. 193.3220 - 1�3:3243: HI6TCry• --a: $1, eh BE -lei. 163.3245 Optlonal sector plans— (1) In recognition of the benefits of conceptual long - ranga planning fear the buildout of an area, and detailed planning for specific areas, as a demonstration project, the requirements of s. 380.06 may be addressed as identified by this section for up 10 flue local govern- ments or combinations of local govemments which adopt into this comprehensive plan an optional sector plan in Accordance with this section. This section is Intended to further tha'intent of s. 163.3177(11), which supports innovatil/e and flexible planning and develop - ment strategies, and the purposes of this part, and part I of chapter 380, and to avoid 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 andfacillties, including those within the juris- diction of other local governments, as would otherwise .he provided_ Opfignaf. sector plans. are-intended for. substantial "gei;grsphic areas including at least 5,DDo acres of one or more local governmental jurisdictions and are to emphasize urban form and protection of regionally algnlf+cant resources and facilities. The state land planning agency may approve optional sector plans of less than 5,000 acres based on local circum- al- stances U it is determined that the plan would further go the purposes of this part and part I of chapter 38D. he Preparation of an optional sector plan is authorized by he agreement between the state land planning agency cal and the applicable i ❑cal governments Under s, ❑p- 163.3.171(4). An optional sector plan may be adopted nd through one or more comprehensives plan Amendmeanin is under s. 163.31 B4. However. art optional sector plan c. may not be authorized in an area of critical staid cah- of corn, ed (2) The state land planning agency may enter into c- an agreement to authorize preparation of an optional ME sector plan upon the request of one ❑r more local goy_ ni emmente based on consideration of problems and to opportunities presented by existing development trends; the effectiveness of 'current comprehensive plan provisions; the potential to further the state oom- prahensive plan, applicable strategic regional policy d ors identiffiied,by s. 1633177(1D)(1).OThedapplicable e regional planning council shall conduct a scoping meet- - ing with affected local governments and those agan• ' cias identified in s. 163.3184(4) before execution of the - agreement authorized by this section. The purpose of this meeting is to assist the state land planning agency and the local government in the identification of the re►- avant planning issues to be addressed and the data and resources available to assist in the preparation of d subsequent plan amendments. Tho regional planning council shall make wdlten recommendations to the state land planning agency and affected local govern- ments, including whether a sustainable sector plan would be appropriate. The agreement must donne the geographic area to be subject to the sector Milan, the planning issues that will be emphasized, requirements for - Jilt- argovernmental• coordination -- te- -addr9 a extrajurisdictional 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 l0❑al povaMMSnt shall hold a duly noticed public workshop to review and explain to the public the optional sector planning proc- ess and the terms and conditions of the proposed agreement. The local government shall hold a duly noticed public hearing to execute ' the agreement. all meetings between the department and the local gov- ernment must be open to the public. (3) Optional sector planning encompasses two lev- els: adoption under s. 163.3194 of a conceptual long - ierm buildout overlay to the comprehensive plan, hav- ing nd immediate effect on the issuance of develop- ment orders or the applicability of s, 3B0.06, and adop- tion under s. 163.3184 of detailed specific area plans that implement the conceptual long -term buildout over - lay and authorize issuance of development orders, and within which G. 380.68 is waived. Unfit 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 buifdout overlay must include: .1434 a a CL fa trl di fu re is U le tt it a a a F MIAMI DAILY BUSINESS REVIEW ANEW CITYOFSO"r Published Daily except Saturday, Sunday and , 'N ®9'IG►E.e Legal Holidays Miami, Miami -Dade County, Florida PUBLIIC kki STATE OF FLORIDA 'NOTICE IS HEREBY given that the City Commission of COUNTY OF MIAMI -DADE: Miami, Florida will hold a Special City Commissic Monday, March. 28;2005 -beginning at'700- PM to Before the undersigned authority personally appeared hearings to consider:legislation on the items,listed belo, O.V. FERBEYRE, who on oath says that he or she is the proposed -. Planned -'Unit Development, ",Protect ;entitl SUPERVISOR, Legal Notices of the Miami Daily Business Commons "-located at '6600 -6640 SW 57_. Avenue ar Review f /k/a Miami Review, a daily (except Saturday, Sunday Street. The- public hearings will be held in the C and Legal Holidays) newspaper, published at Miami in Miami -Dade Chambers; South Miami City Hail, 6130 SunsetDnve County, Florida; that the attached copy of advertisement, Second Reading Ordinances being a Legal Advertisement of Notice in the matter of Anr rnRnreremcr nr- Tr-rr=Aynii e1j6r,ry ,rr CITY OF SOUTH MIAMI 1. CITY` ,'OF.SOUTH MIAN PUBLIC HEARINGS 3/28/2005 CHANGING THE-; ZONI (MU4) TRANSIT ARI in the XXXX Court, (MIXED'USE- 4).TO"40 was published in said newspaper in the issues of MENT -MIXED USE; FOI 6640 'SW 57 AVENUE 03/18/2005 PURPOSE OF THE ' CONSTRUCTION:OF A I OF :MULTI - FAMILY Y�RI Affiant further says that the said Miami Daily Business USES:AND A PARKING TIONS OF APPROVAL F Review is a newspaper published at Miami in said Miami -Dade OF. CONCURRENCY , Florida and that the said newspaper has County, PROVIDING "FOR OR heretofore been continuously published in said Miami -Dade County, PROVIDING AN EFFECI Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post AN ORDINANCE OF'TH office in Miami in said Miami -Dade County, Florida, for a OF THE CITY 'OF SOU' period of one year next preceding the first publication of the DEVELOPMENT AGRE attached copy of advertisement; and affant further says that he or STATE`STATUE,63. 732 she has neither paid nor promised any person, firm or corporation OPMENT MIXED USES ` l any discount, rebate, commission or refund for the purpose • COMMONS LOCATED l of securing t ' advertise for publication in the said 5757 SW 68 STREET; TI BUILDINGS OF.UP TO`: newspape THE FOLLOWING ,'.US RESIDENTIAL UNITS ;R PARKING GARAGE "l PROVIDING FOR..OR PROVIDING AN EFFECT Sworn to and subscribed before me this `" "Resolution 18 day of MARCH A.D. 2005 A RESOLUTION OF THI OF THE: CITY' , OF SOUT MAST W'S PLAN AN `CERTAIN PRPR OPERTY ' DEVELOPMENT "'MIXEC II (SEAL) Cheryl H Marmer SPECIFICALLY COCATI My Commission DD338556 ix ` SVW SETLRAETI O.V. FERBEYRE personal as OAND A"57P5R7 O A L.68R" P I July 16, 2008 AND URBAN MESIGN .T APPROPRIATE PUBLIC SOAPING AND PROVIDI