06-07-05 Item 15CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor and
Commission Members
w
From: Maria Davis
City Manager
South Miami
All- AmedcaChy
2001
Date: June 7, 2005
ITEM No. Ir
Re: Project Sunset :Amendment to
Development Agreement
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40
THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO
PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY
PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE
PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Development Agreement for Project Sunset (Bank of South Miami) was approved by the
adoption of Ord. No. 05 -05 -1827 by the City Commission at its March 15, 2005 meeting. The
attached development agreement contains a Section 5(b) (Public Facilities Serving the Project)
setting forth in general terms the applicant's concurrency payment obligation for parks and
recreation space. Following that adoption the Administration negotiated with the developer a
specific payment amount and a new payment date. The amount is based upon the per acre cost
negotiated for the purchase of the YMCA property.
In addition to the payment amendment the Administration has also negotiated certain changes to
Section 4 (Use of Property) which sets forth the phasing of the proposed project.
The amendment to the Development Agreement requires an amendatory ordinance to be
adopted after review and recommendation from the Planning Board.
PROPOSED AMENDMENT
The specific amendments are as follows (new wording underlined; wording to be removed
indicated by strikethrough):
Development Agreement
June 7, 2005
Page 2 of 3
4. Use of Property. The property described in Exhibit "A" is to be utilized for the project
described in Exhibit "C ": a mixed use residential, office and retail project with a
residential use not to exceed 108 dwelling units on approximately 4.5 +/- acres. The
project will include "chamfered" corners where it abuts roadway intersections pursuant
to Exhibit "C ". The occupied space of the project will not exceed four stories or fifty six
(56) feet in height unless otherwise permitted by the South Miami comprehensive plan
or its land development regulations. The total of occupied space of the project shall not
exceed four stories. Non - occupied space shall not exceed a maximum height of fifty six
feet. The project shall be built in two phases as follows:
• Phase I shall consist of Blocks "A" ands "B" described in Exhibit
«C„
• Phase II shall consist of Blocky "C" described in Exhibit "C ".
• The Company may elect to implement the development plan in one
phase
• The Company may elect to utilize Block "C" as a temporoary bank
facility with drive - through lanes (not to exceed four lanes) which
facility shall be removed upon the issuance of the Certificate of
Occupancy for the Bank facility on Block "A ".
The overall development of the property shall be conducted in accordance with the
approved site plan on file at the City, (attached and incorporated as Exhibit "C ")
including elevations, architectural features and estimated commercial square footage
pursuant to Section 20.1-7, of the LDC.
5. Public Facilities Serving the Project
b) Parks and Recreation
Based on the projected residential population on the Property, Company agrees
shall b
to donate $224,000 in one lump sum as its
responsibility for meeting park and recreation concurrency. Payment shall be made on or
before receipt of the first building permit and shall include any interest or carrying cost
incurred by the City until receipt of the payment.
PLANNING BOARD ACTION
The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment.
Development Agreement
June 7, 2005
Page 3 of 3
RECOMMENDATION
It is recommended that the attached ordinance amending the Development Agreement be
adopted on first reading.
Attachments:
Draft Ordinance
Excerpt from Planning Board Meeting 5110105
Public Notices
1�1)10
MD/DOD/SAY
E: \Comm Items\2005\6-7-05 M -05 -015 Project Sunset Devel Agree Revision Report.doc
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1,
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 10, 2005
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 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. Yates, Mr. Liddy
Mr. Illas, and Mr. Mann.
Board members absent: Ms. Gibson and Mr. Comendeiro
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
PB -05 -014
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834 WHICH APPROVED
THE DEVELOPMENT AGREEMENT 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
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND
OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING
Planning Board Meeting
May 10, 2005 Excerpt
Page 2 of 3
THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into record. Mr. O'Donniley presented the staff
report. He stated that the Development Agreement for the Red Road Commons
project was approved by the adoption of Ord. No. 12 -05 -1834 by the City
Commission at its April 9, 2005 meeting. He noted that the attached development
agreement contained a sub - section (2d) setting forth in general terms the
applicant's concurrency payment obligation for parks and recreation space.
Following that adoption the Administration has negotiated with the developer a
specific payment amount and a new payment date. The amount is based upon the
per acre cost now negotiated for the purchase of the YMCA property. In addition,
he stated that the amendment to the Development Agreement requires an
amendatory ordinance to be adopted after review and recommendation from the
Planning Board. Mr. O'Donniley pointed out (from staffs report) that the proposed
development agreement amendment reads the following "Based on the projected
residential population on the property, Applicant agrees to donate a total of nine
hundred and sixty thousand dollars ($960,000) on or before July 31, 2005 in one
lump sum as its responsibility from meeting park and recreation concurrency".
Applicant present: Bill Reilly (representative for Codina Development Corp.)
Mr. Reilly explained to the Board that his client has reviewed the proposed
amendment and his client has no objections to the new wording.
Motion: Ms. Yates moved to recommend approval of the amendment.
Mr. Illas seconded the motion.
Vote: Ayes 5 Nays 0
PB -05 -015
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 05-05-1827 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE
FOR PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
May 10, 2005 Excerpt
Page 3 of 3
Action: Ms. Yates read the item into record. Mr. O'Donniley presented the staff
report. He explained that the Development Agreement for The Development
Agreement for Project Sunset (Bank of South Miami) was approved by the
adoption of Ord. No. 05 -05 -1827 by the City Commission at its March 15, 2005
meeting. The attached development agreement contains a Section 5(b) (Public
Facilities Serving the Project) setting forth in general terms the applicant's
concurrency payment obligation for parks and recreation space. Following that
adoption the Administration has negotiated with the developer a specific payment
amount and a new payment date. The amount is based upon the per acre cost now
negotiated for the purchase of the YMCA property. In addition to the payment
amendment the Administration has also negotiated certain changes to Section 4
(Use of Property) which sets forth the phasing of the proposed project. Mr.
O'Donniley noted that the change in the payment amount in the proposed
development agreement amendment reads as the following: "Based on the
projected residential population on the Property, Company agrees to donate a total
of two hundred and forty thousand dollars ($240,000) on or before July 31, 2005 in
one lump sum as its responsibility for meeting park and recreation concurrency.
Mr. O'Donniley also stated that the amendment to the Development Agreement
requires an amendatory ordinance to be adopted after review and recommendation
from the Planning Board.
Applicant present: Alfonso Perez (representative for South Miami Corp)
Mr. Perez addressed the Board and explained that his client intends to
fully cooperate with the City with regards to the phasing and the cost as
stated in the development agreement.
It was suggested that wording "up to" be placed in front of the payment
amount in each development agreement.
Motion: Mr. Mann moved to recommend approval of the amendment.
Mr. Illas seconded the motion.
Vote: Ayes 5 Nays 0
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i - J UIVE, SPECIAL - 77H MIGHT IFRIES .
ncd {
June 05, 12, 19 and 28 Departures Miami Air 605 - 7a.m. - 9:25 a.m.
Miami Air 606 -111 a,.m. -1:25 p.m.
Princess Hotels �)
CHILDREN STAY FREE In!dn1�
® Tropical Princess* * **
81111016M 0011IILS TIRRPL@ CHILD [2.931.
ROx $829 $625 $599 $589 $359
*Caribe Club Princess.* * * *aysP
" SRIU ®9,C ID ®AI�g.� '6�aPL� Eg P&d3 ®. CBgaL ®H2.929
1 ROH $859 $655 $625 $615 $359
*Punta Cana Princess * * **
DHRIG &S - DOUBLE TMRPLH COMB : C133160 12-123
JR. SUITE $919 $719 $685 $669 $359
U.S, a Dominican Departure Taxes NOT Included. -
Travel Insurance available and highig recamended. Subject to avallabaltg. Prices subject to change.
I
COURTESY NOTIC
CITY F SOUTH MIAM19 FLORIDA
On Tuesday, June 7 2005, beginning at 7 :30 p.m., in the City Commission Chambers, ?.
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the
-
following items:
AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY
LOCATED AT 4300 SW 58TH AVENUE CONSISTING OF A RECREATION
CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS, DO
A RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY 7
ACRES OF OPEN FIELD SPACE, WITH 'DEPT SERVICE CHARGED TO THE
NON - DEPARTMENTAL DEBT SERVICE —YMCA ACCOUNT CODE
001.2100.519.9927, AUTHORIZING THE CITY TGACCEPT THE DEED TO THE
PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
PROPERTY.
AN. ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY
AND THE YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW BOTH AVENUE.
AN ORDINANCE At (ENDING THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, BY REVISING CHAPTER 11. (GARBAGE & TRASH), SECTION
11 -21(B) ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION -
DOMESTIC TRHBH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND
YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY-
FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY
AN ORDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
PLANNING BOARD MEMBERS.
AN ORDINANCE AMENDING. THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 12 -05 -1834 WHICH . APPROVED THE
DEVELOPMENT AGREEMENT 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 PURPOSE OF THE
AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A
SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT
TO THE CITY AND AMENDING THE DATE FOR 'PAYMENT.
AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,63 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; THE PURPOSE' OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE FOR
PAYM €NT AND ADJUSTING THE PHASING OF THE DEVELOPMENT,
L
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR (HD -OV)" SPECIALTY' RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301
SW 57th COURT,
CANCON 3 NIGHTS
Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326.
HOTEL MIRAMAR MISSION B &B ......- - ....
$165. P/P
HOTEL PRESIDENTE INTERCONTINENTAL B &B ...............................
$230. P/P
PUNTA CANA >3 NIGHTS
HOTEL OCEAN BAVARO SPA ALL INCLUSIVE .....:... ..........................$265.
P/P
HOTEL BARCELO BAVARO CARIBE ALL INCLUSIVE . ..........................$325.
P/P
SAN JOSE COSTA RICA 3 NIGHTS
GRAN HOTEL COSTA RICA B &B - . . .............$140.
P/P
HOTEL QUALITY COLON B &B ........................................................
$152. P/P
EUROPE
Tel: (786) 388 -9898 Toll Free 1- 866 - 388 -8854 Fak: (786) 388 - 9811
MADRID 6 NIGHTS HOTEL REGINA B &B .............. .........................$,575.
P/P
PARIS 6 NIGHTS HOTEL ROYAL OPERA B &B ..... .....:.............:......$656.
P/P
LONDON 6 NIGHTS HOTEL AMBASSADOR B & B ......1 .................$65$.
P/P
BASIC ITALY ROME- FLORENCE - VENICE 7 DAY ..... ..........................$745.
P/P
CLASSIC GREECE ATHENS- OLYMPUS - DELPHI- METEORA- 7 DAY ......$986.
P/P
IMPERIAL C17S BERLIN - PRAGUE - BUDAPEST- VIENNA 9 DAYS ..,......$995.
P/P -
PACKAGE INCLUDES:AIRPORT- HOTEL - TRANSFERS, HOTEL BREAKFAST ACOMMODATION AND TAX
- PACKAGES DO NOT INCLUDE AIRFARE AND DEPARTURE TAXES.
CALL US FOR OUR LOWEST AIRFARE SPECIALS. ALL PRICES ARE PER PERSON AND BASED ON 2
PFRSONS PFR Rnnvl. S KAF Al - nI IT - OPPI V RRrr-cc rnnrff.at r rr rnrc E,
Pinecrest Garden:
get a new restauran,
area and concert
amphitheater as
proponents push to
upgrade the former
Jungle facility and n
the town center.
BY YUDY PINEIRO
ypineiro @herald.com
The. Pinecrest
Council is looping i
ways to spruce up R
Gardens with hopes of
the former bird parac
the community's focal
The village is asl+
Pinecrest Gardens Foi
to .pitch ideas to m,
happen.
The foundation, a 1
15 community leade
formed- last year t
money for the park. lV.
met for the first tim
weeks ago.
"We talked about
money as _ an indel
foundation to assist th
of Pinecrest in any i1
ment and changes thl
be. made in order to
the park into more o1
munity gathering plat
Bruce Toland, a fou
member.
Some ideas in
tossed around include)
a restaurant, jogging p
nic area and a cone
theater at the 22 -aci
former home to Parro
at 11000 Red Rd.
"We thought we'd
group in place and get
make recommendat
us;" said Mayor Gary P
Matzner, who help
$4 million for the vi
buy the park in 2002,
will work closely v
foundation to raise ml
the ''projects and park
Matzner recently d
with the park's entrant
a controversial issue
some residents who
feel they should pay tr
public park. -
Before Matzner c
board in November,
lage built a water pla;
for kids and a butterfl
in the park.
Also approved but
permits: a two - story,
I
° TURN TO GARDENS, 27
Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326.
e ii-M a e
ALL interested parties are invited to attend and will be heard Maria M. Menendea
City Clerk
DREAM MAKERS MORTGAGE CORP.
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person.decldes t6
1714 SW 57 Avenue, Miami, FL 33155
appeal any decision made by this Board, Agency or Commission with respect to any matter
Tel: (786) 388 -9898 Toll Free 1- 866 - 388 -8854 Fak: (786) 388 - 9811
considered at Its meeting or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made
Email: (ireammal<erSmDFi Q
g. hellsouth.net
which record Includes the testimony and evidence upon which the appeal late be based.
Interest rate and terms are subject to chance only for real estate transactions.
Pinecrest Garden:
get a new restauran,
area and concert
amphitheater as
proponents push to
upgrade the former
Jungle facility and n
the town center.
BY YUDY PINEIRO
ypineiro @herald.com
The. Pinecrest
Council is looping i
ways to spruce up R
Gardens with hopes of
the former bird parac
the community's focal
The village is asl+
Pinecrest Gardens Foi
to .pitch ideas to m,
happen.
The foundation, a 1
15 community leade
formed- last year t
money for the park. lV.
met for the first tim
weeks ago.
"We talked about
money as _ an indel
foundation to assist th
of Pinecrest in any i1
ment and changes thl
be. made in order to
the park into more o1
munity gathering plat
Bruce Toland, a fou
member.
Some ideas in
tossed around include)
a restaurant, jogging p
nic area and a cone
theater at the 22 -aci
former home to Parro
at 11000 Red Rd.
"We thought we'd
group in place and get
make recommendat
us;" said Mayor Gary P
Matzner, who help
$4 million for the vi
buy the park in 2002,
will work closely v
foundation to raise ml
the ''projects and park
Matzner recently d
with the park's entrant
a controversial issue
some residents who
feel they should pay tr
public park. -
Before Matzner c
board in November,
lage built a water pla;
for kids and a butterfl
in the park.
Also approved but
permits: a two - story,
I
° TURN TO GARDENS, 27