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05-02-9541 , L� Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: May 2, 1995 6130 Sunset Drive, So. Miami, FL Next Meeting date: May 16, 1995 Phone: (305) 663 -6340 Time: 7:30 P.M. PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations - Ken Feldman, Certificate of Appreciation ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - April 18, 1995 2) City Manager's Report 3) City Attorney's Report CONSENT AGENDA 4. A Resolution of the Mayor and City Commission authorizing the City Manager to enter into a service contract with Riso, Inc. for a one year unlimited warranty on parts, labor and copies for RA 5900 Digital Duplicator for the Central Services Division in an amount of $3,000; said funds to be expended from Account No. 1320 -4620 "Maintenance and Repair -- Office Equipment." (Administration /Central Services) 3/5 5. A Resolution of the Mayor and City South Miami, Florida ratifying the the Occupational License Equity St the Commission to recommend to classification system and rate effective date. Commission of the City of appointment of members to :udy Commission; directing the City Commission a structure; providing an (Administration) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Sharon Johnson as a member of the Environmental Review and Preservation Board of South Miami to serve in such capacity until June 1, 1997, or until a successor is duly appointed and qualified. (Mayor Carver) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to enter into a contract agreement with Blue Sky Painting Corporation for the exterior, interior, and ceiling painting not to exceed two thousand one hundred ($2,100) dollars. (Administration /Office Development) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to enter into a contract with Galloway Office Supplies and Equipment for the placement of modular panels for the Office of Development for an amount not to exceed four thousand ($4,000) dollars. (Administration /Office Development) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to enter into a contract agreement with PNM Corporation for the tree planting contract utilizing funds awarded to the City by the Dade County Office of Community Development. (Administration /Office Development) 3/5 ACS May 2, 1995 page 2 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $1,775 to Cel -Tec for five pushbumpers that are being removed from last year's model Crown Victoria Police Vehicles and being reinstalled in the new 1.995 models at a cost of $220 each and for the removal of five cages from last year's models to the 1995 models at a cost of $135 each. (Administration /Police Department) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of baseball uniforms and equipment for a total price not to exceed $41358.77 by the Recreation Department and charging the disbursement from Account No. 2000 -5610, "Uniforms, Equipment Baseball." (Administration /Parks & Recreation) 3/5 none ORDINANCES - SECOND READING AND PUBLIC HEARING RESOLUTIONS FOR PUBLIC HEARING 12. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida, approving the second application for Special Exception by Sunset Red, Ltd. for a Modified Plan of Development for the Bakery Centre, containing findings of fact,conclusions of law and an order; providing an effective date. (Administration /Planning Board) 3/5 RESOLUTIONS 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to sign as approval and ratification for the City Commission the 1994- 1995 Dade County PBA /City of South Miami Collective Bargaining Agreement. (Administration) 3/5 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement to continue the City's participation in the Meals for t.be Elderly Program. (Administration/ Parks & Recreation) 3/5 AG May 2, 1995 page 3 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, accepting the donation of a mini -Bus from Metropolitan Dade County for the Municipality of South Miami, Florida. (Administration/ Parks & Recreation) 3/5 ORDINANCES - FIRST READING 16. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article III of the Land Development Code, providing for "RS -5" small lot Single Family Residential District; establishing RS -5 Zoning District Boundaries; establishing RS -5 Zoning District Boundaries; establishing RS -5 Zoning Classification for the McKeever Terrace Subdivision; amending the Official Zoning Map; providing for severability, ordinances in conflict, and an effective date. (City Attorney Gallop) 4/5 PUBLIC REMARKS COMMISSION REMARKS AG May 2, 1995 page 4 - F SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Mayor & City Commission From: Eddie Cox City Manager Background: Date: April 28, 1995 Re: 05/02/9.1 Commission Agenda Item # :Maintenance Contract/ Riso, Inc. This Resolution provides for the maintenance of the Riso Digital Duplicator purchased with the 1994 -95 Budget. As stated within the Resolution, the agreement provides an unlimited warranty on parts, labor and the number of copies for a period of one year. Recommendation: Approval. attachments Copy of Resolution #, RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE CONTRACT WITH RISO, INC. FOR A ONE YEAR UNLIMITED WARRANTY ON PARTS, LABOR AND COPIES FOR RA 5900 DIGITAL DUPLICATOR FOR THE CENTRAL SERVICES DIVISION IN AN AMOUNT OF $3,000; SAID FUNDS TO BE EXPENDED FROM ACCOUNT NO. 1320 -4620 "MAINTENANCE AND REPAIR - OFFICE EQUIPMENT ". WHEREAS, the City of South Miami purchased a digital duplicator in January, 1995, which expenditures was approved by the City of South Miami 1994/95 fiscal year budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to obtain a service contract with Riso, Inc., for a one year unlimited warranty on parts, labor and copies for the RA 5900 Digital Duplicator in the Central Services Division in an amount of $3,000.00; said funds to be expended from Account No. 1320 -4620 entitled: " Maintenance and Re -air - Office Equipment ". PASSED AND ADOPTED this day of , 1995. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: NEIL CARVER, MAYOR `To: From: N X�Z :1 1 'ii ili';M 1:1 ii INTER-OFFICE 14EMORANDUM Mayor and City Commission Eddie Cox City Manager Date: April 28, 1995 Agenda Item #_'�_ Re: Comm. Mtg. 05/02/95 Ratification of Appointments to Equity Study Commission Attached is a resolution ratifying appointment of members to the ,Equity Study Commission. I recommend approval. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA RATIFYING THE APPOINTMENT OF 4 MEMBERS TO THE OCCUPATIONAL LICENSE EQUITY STUDY 5 COMMISSION; DIRECTING THE COMMISSION TO RECOMMEND TO THE 6 CITY COMMISSION A CLASSIFICATION SYSTEM AND RATE 7 STRUCTURE; PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Florida legislature enacted Chapter 93 -180, Laws 10 of Florida (1993), enabling local governments to reclassify 11 businesses, professions, and occupations, and to establish new rate 12 structures, subject to the requirements and limitations contained 13 in the legislation; and, 14 WHEREAS, the City Commission of the City of South Miami 15 established an occupational license tax equity study commission 16 pursuant to Chapter 93 -180; and, 17 18 WHEREAS, the Mayor and City Commission wish to ratify the 19 names of Bill Enright; Armando Oliveros; Gwendolyn Thomas; J.B. 20 Turbidy; and Mark Wynnemer, as members of the equity study 21 commission. 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 Section 1. The equity study commission shall consist of 25 five members, Bill Enright, Armando Oliveros, Gwendolyn Thomas, 26 J.B. Turbidy, and Mark Wynnemer, as representatives of the city's 27 local business community. 28 Section 2. This resolution shall take effect immediately 29 upon approval. 30 PASSED AND ADOPTED this day of ,.1995. 31 32 33 ATTEST: 34 35 36 37 38 r CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR t 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 48 201 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING SHARON JOHNSON AS A MEMBER OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD OF SOUTH MIAMI TO SERVE IN SUCH CAPACITY UNTIL JUNE 1, 1997, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, there currently is a vacancy on the City of South Miami Environmental Review & Preservation Board; and WHEREAS, it is the desire of the Mayor and City Commission to fill the existing vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Sharon Johnson is appointed as a member of the City of South Miami Environmental Review & Preservation Board to serve in such capacity until June 1, 1997, or until a successor is duly appointed and qualified. PASSED AND ADOPTED this day of , 1995. ATTEST: City Clerk READ AND APPROVED AS TO FORM: /rjw City Attorney APPROVED: Mayor Carver ................ ... _._ ................... .........._. . . G C> RESUME SHARON KENDRICK JOHNSON 6200 SW 62nd Place South Miami, FL 33143 (305) 661 -2052 (h) PROFILE: ,accustomed to detail. Willing to ba. delegated. Compute: literate. Ability to work concurrently shifting be- tween protects when necessary. Strenath in a lead capa- city. EDUCATION Ocala Hiah School Ocala, FL 1966 -69 Bethune Cookman College Daytona Beach, FL 1969 -73 Rollins Colleae Winter Park, FL 1975 -77 Nova Un i vers 1 t Y Ft. Lauderdale. FL 1994- General Academic Bachelor of Science Sociology Master of Science Criminology Pursuing a doctorate in Human Resource Management MISCELLANEOUS SCHOOLING Lake City Community College Lake CitY.FL 1975' Certificate .n Criminal %stice Standards Switchboard of Mi axi Miami. FL 1990 Certificate in �:ris:s Counselina ALdi:: t : or. Trainina Insb i tute Altatarrc2 Springs. F.. 1992 Substance Ab.:se Training Fl o: i da Inter .1 a t i ona 1 University Miami, Fl 1983 Certificate in Eldercare Nova University Substance Abuse Studies CAP certification Fr. Lauderdale, FL 199.' WORK EXPERIENCE 05/92- present. Now Horizons C,ommun i tv Mental Health Center 1600 NW 3rd Avenue Miami , FI_ 331.42 Supervisor: Morton Johns (300573 -1832 Clinical Director I served as Director of Substance: 9buse at Dade Corr?ct'ional Institution in Florida Citv, uv dut z.,s inc-.- Iudod o%erSr•e Litt! oroetram adman i strat ion. by — I]uns,7lor5. Rpsponscble. for assist.11l1a and co- urd i nat in,, a 1 1 phases and ot:)erat ion of thu modl- fied thorapuetic i:ommunity_ Coordinated scheduie of counseling, supervised clinical records and client activities. Served with administrative liaison as managcment loam for the program, Coordinator Af t: r but °r• ic.aae Andrea: l WUS I-OdUed at South Florida Rt- t•F��t i on Center anti sub- Pquent ly the Cu - mr;r Overtowa Center to oversee an outpatient sub - st.aI c-e ubuse prusZram there. i was In charge of six counselors who worked extens0,-ely with drug abuse and dual diagnosed clients. We also conduc- ted group therapies with the cocaine mother clien- tile. Referrals were made to other aZencies. 04/90 -05/92 HRS- Administrative /Grants `anazfrrnerlt 401 �, 2nd !fit-t nuts Mtarn, . 1 L 31142 S►jnr: �'.sar: iticharcl Kerr (305)377 -5612 Gran`,s Spor;a1ist IV this r,osition involved highly technical duties at the rofessIona) level. Serves as the �IistriQt'iz roc,a; t:)oint and source of contract pulicv infor- ma.tic.n. Provides t,- chnicai assistance Lo contract mane e r s and uther dist.riut r.ii�r suria i regarding the d�,nart,nt�nt's contract management systeir.. Perfo. -need aciministrat'.ivi� monitoring of providers. reviews contract's to insurP c;Ompl ianoe, performs vnuchc�r cI� al ity control and reviews requests for proposals to ini.urc compliance. with applicable rules and re-gulations. To - From CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Mayor and City Commission Eddie Cox City Manager Date: April 28, 1995 Agenda Item #11 Re: Comm. Mtg. 05/02/95 Contract agreement with Blue Sky Painting Corporation Attached is a resolution from the Community Development Office regarding a contract with Blue Sky Painting Corporation for painting the exterior, interior and ceiling at the office located at 6900 SW 59th Place. I recommend approval of this resolution. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, 3 FLORIDA AUTHORIZING THE CITY MANAGER TO 4 ENTER INTO A CONTRACT AGREEMENT WITH BLUE 5 SKY PAINTING CORPORATION FOR THE EXTERIOR, 6 INTERIOR AND CEILING PAINTING NOT TO EXCEED 7 TWO THOUSAND ONE HUNDRED ($2,100) DOLLARS. 8 WHEREAS, the City of South Miami is desirous of improving the 9 appearance of the Office of Development, located at 6900 S.W. 59th 10 Place; and 11 WHEREAS, three quotes were obtained for this particular job with the 12 lowest eligible bidder being Blue Sky Painting Corporation; and 13 WHEREAS, funding for the much needed improvements has been 14 identified in Account No. 1810 -4670. 15 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 17 Section 1: That the Mayor and City Commission of the City of South 18 Miami supports and endorse the much needed improvements 19 to the Office of Development building. 6 20 Section 2: That the City Manager is hereby authorized to enter into a 21 contract agreement with Blue Sky Painting Corporation in an 22 amount not to exceed Two Thousand One Hundred ($2,100) 23 Dollars for painting of the interior, ceiling and exterior. PASSED and ADOPTED this I day of , 1995. Attest: Rosemary Wascura City Clerk Approved: Neil Carver Mayor READ AND APPROVED AS TO FORM Earl G. Gallop, Esq. City Attorney From- Eddie Cox City Manager E� Agenda Item # R Re: Comm. Mtg. 05/02/95 Contract agreement with Calloway Office Supplies & Equip. Attached is a resolution from the Community Development Office regarding a contract with Galloway Office Supplies and. Equipment for the placement of modular panels for their office space at 6900 SW 59th Place. I recommend approval of this resolution. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO 3 ENTER INTO A CONTRACT WITH GALLOWAY OFFICE SUPPLIES AND 4 EQUIPMENT FOR THE PLACEMENT OF MODULAR PANELS FOR THE 5 OFFICE OF DEVELOPMENT FOR AN AMOUNT NOT TO EXCEED FOUR 6 THOUSAND ($4,000) DOLLARS. 7 WHEREAS, the City of South Miami is desirous of improving the interior of the Office of 8 Development, located at 6900 S.W. 59th Place, by installing modular panels for an amount not 9 to exceed Four Thousand ($4,000) Dollars; and 10 WHEREAS, the Office of Development joined the bid of the Department of Building, Zoning 11 and Community Development to obtain the lowest bid; and 12 WHEREAS, funding for this project has been identified in Account No. 1810 -6420. 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 14 OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 Section 1: That the Mayor and City Commission of the City of South Miami do hereby 16 endorse and authorize the City Manager to execute the contract with Galloway office Supplies 17 and Equipment for an amount not to exceed Four Thousand ($4,000). PASSED and ADOPTED this day of 91995. Attest: Rosemary J. Wascura City Clerk r 1 Approved: Neil Carver, Mayor READ AND APPROVED AS TO FORM: Earl G. Gallop, City Attorney To: From: �l Eddie Cox City Manager a Agenda Item # Re: Comm. Mtg. 05/02/95 Contract with PNM Corporation Attached is a resolution from the Community Development Office regarding a contract with PNM Corporation for a tree planting contract utilizing funds awarded to the City by the Dade County Office of Community Development. I recommend approval of this resolution. RESOL UTION NO. I A RESOL UTION OF THE MAYOR AND CITY COMMISSION OF 2 THE CITY OF SOUTH MIAMI, FLORIDA A UTHORIZING THE 3 CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT 4 WITH PNM CORPORATION FOR THE TREE PLANTING 5 CONTRACT UTILIZING FUNDS AWARDED TO THE CITYBY 6 THE DADE COUNTY OFFICE OF COMMUNITYDEVELOPMENT. 7 WHEREAS, the Mayor and City Commission of the City of South Miami 8 has received funds from the Dade County Office of Community 9 Development to provide for the planting of trees in the community 10 development target area; and 11 WHEREAS, A request for bids was advertised in the Miami Herald and 12 the eligible bidder selected by a review committee being P.N.M. 13 Corporation; and 14 WHEREAS, P.N.M. Corporation is prepared to execute a contract with 15 the the City of South Miami. 16 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 18 Section 1: That the Mayor and City Commission endorse the review 19 committee's recommendation of P.N.M. Corporation . 20 Section 2: That the City Manager is hereby authorized to enter into a 21 contract with P.N.M. Corporation for an amount not to exceed 22 $124,250.00 for planting of trees in the community development target 23 area. PASSED and ADOPTED this day of , 1995. Attest: Rosemary Wascura City Clerk Approved: Neil Carver Mayor READ AND APPROVED AS Form Earl G. Gallop, Esq. City Attorney city of south M.iam.i Po1ic� Depa.rtmer�.t -OFFICE MEMORANDUM To: MAYOR AND CITY COMMISSION From: EDDIE COX, CITY MANAGER Date: MARCH 28, 1995 Subject: AGENDA ITEM # COMM. MTG. 05/02/95 PAYMENT FOR CEL -TEC During the course of converting the marked police fleet it is necessary to remove and reinstall pushbumpers and prisoner cages. The only company known to do this, and who has done it for us for the past 6 years, is Cel -Tec, 12445 South Dixie Highway, Miami 33156. The cost is as follows: Remove and reinstall 5 push bumpers @ $220 $1,100.00 Remove and reinstall 5 cages @ 135 each 675.00 I recommend approval. GF /sv m 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 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,775 TO CEL -TEC FOR FIVE PUSHBUMPERS THAT ARE BEING REMOVED FROM LAST YEAR'S MODEL CROWN VICTORIA POLICE VEHICLES AND BEING REINSTALLED IN THE NEW 1995 MODELS AT A COST OF $220 EACH AND FOR THE REMOVAL OF FIVE CAGES FROM LAST YEAR'S MODELS TO THE 1995 MODELS AT A COST OF $135 EACH. WHEREAS, during the course of converting the marked police fleet, it is necessary to remove and reinstall pushbumpers and prisoner cages. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to disburse the sum of $1,775 to Cel -Tec for the removal and re- installation of the pushbumpers and cages. Section 2. That this resolution should be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR sv /forms.resol.celtec , 1995. Aadmmftk AMEN& AVE11M CITY OF SOTITH MIAMI qw- INTER-OFFICE MEMORANDUM To Ed Cox Date: April 24th, 1.994 City Manager From: Jim Cowen, Director Re: City Commission Agenda - Bas ebal L. Parks & Recreation Department Uniforms & Equipment for BasebaV1. Program The Parks & Recreation Department has solicited and received three bids from local vendors for the purchase of Baseball uniforms and equipment for the City sponsored Baseball program! Southhampton Companies is the low bidder on uniforms and M & M Wholesalers is the low bidder on equipment. Awarding ],-)ids for (.j.niforms and equipment separately will be of the best advantage to the City. I am requesting that this item be placed on the May 2nd, 1995, City Commission agenda for approval. The following is a list of vendors who bid, Vendors M&M Wholesalers Southhampton Companies USI Sporting Goods, Inc. Uniforms $3,967.57 3,409.18* 3,455.90 *Lowest Responsible Bidder JC/mst Attachments: Resolution " MMM""Ma I I. purchanocjs /I Rou-imn(a! -.. $ 949.59* No Bid 1,100.54 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 11 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF BASEBALL UNIFORMS AND EQUIPMENT FOR A TOTAL PRICE NOT TO EXCEED $4,358.77 BY THE RECREATION DEPARTMENT AND CHARGING THE DISBURSEMENT FROM ACCOUNT NO. 2000 -5610, "UNIFORMS, EQUIPMENT - BASEBALL ". WHEREAS, pursuant to the 1994 -1995 Budget of the City of South Miami, Florida, the City Recreation Department was authorized to purchase Baseball uniforms and equipment for the Baseball Program; and WHEREAS, the City of South Miami received low bids of $3,409.18 from Southhampton Companies, and $949.59 from M & M Wholesalers, respectively, for the equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to Southhampton Companies in an amount not to exceed $3,409.18 for Baseball uniforms. Section 2. That a purchase order is hereby awarded to M & M Wholesalers in an amount not to exceed $949.59 for Baseball equipment. Section 3. That the disbursement be charged to Recreation Department account no. 2000 -5610 "Uniforms, Equipment - Baseball ". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 �! PASSED AND ADOPTED this APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY cs\resolutiou.Baseball95 day of , 1995. 2 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission From: Eddie Cox City Manager RE VEST: Applicant: Sunset Red Ltd. Date: April 28, 1995 Re: 05/02/95 City Commission Agenda Item # 1?' Special Exception Request for the Bakery Centre Redevelopment Request: Special Exception, in lieu of prior Special Exception granted by City Commission on December 6, 1994, pursuant to Section 20 -7.51 from the requirements of the Hometown District Overlay Ordinance for property located in the Hometown District and zoned SR (Specialty Retail/Restaurant). Location: 5701 Sunset Drive, South Miami, FL 33143 BACKGROUND & ANALYSIS On December 6, 1994 the applicant was granted a special exception from the requirements of the Hometown District Overlay Ordinance by the City Commission. The applicant has since modified the plans which were approved on December 6th. Because I have determined that the modified plans submitted by the applicant constitute a material change to the approved special exception, the modified plans have recently (April 25, 1995) been reviewed by the Planning Board and have been placed on the May 2, 1995 agenda to be reviewed by the Commission. In reviewing the special exception application by Sunset Red, Ltd., it is important to focus on differences between what was approved on December 6, 1995 and what is now proposed. Staff has compared (report attached) the current proposal and how it differs from what was approved by special exception on December 6, 1995. I would like to add, however, that the proposed plans show two passenger drop -off locations along the Red Road frontage, and that residential units previously shown near Red Road have been shifted to the US 1 side, near the parking garage. Staff is of the opinion, as am I, that the plans before you at this time represent an improvement over what was approved in December. Improvement is no doubt in part due to the decision by the applicant to demolish the existing Bakery Centre structure at the corner of Sunset and Red. I The current proposal is for the same intensity and density of development as previously approved and therefore will create no additional impacts. The proposed resolution for this special exception application contains all of the various safeguards that are within the resolution which approved the previous special exception. The Planning Board voted 5:0 to approve the current proposal during its April 25, 1995 public hearing. I recommend approval of this special exception application. RECOMMENDATION: Approval. Attachments rz Fits M_ Tian NO. A RISOL TION OF TSS JMYOR AND THE CITY C=MSSIOiN OF TM CITY OF SOU= MIAMI, Matt Dar PRGV E MM B$CMID APBLICATION FOR SFSCIAL EZCSB'1'ION BY SMUM RW, LTD. Pon A JODIP72D PLAN OF ONVET -01 Ii ' FM TM BURRY CENMMr COR'1'#ni so inippas Or lrAcT, CO li NMMIOM OF LAN AND A OMMI 'PICRMMG JW ZFEMUT.LV R VM. N Mn" r the applicant, Sunset Red, Ltd. , submitted an Application for a Special Exception, dated November 15,. 1994 ( first applicaton),, for -a 'project known as. the B"ery Centre Redevelopment; and; NSEREAS. the City Commission, in. accordance Frith the applicable reguirements of law, approved the first application by Resolution No. 134 -94 -9536, dated December 6, 19941 and, y 1/ABAEAS4, the anpppplicant L proposes a. material. change to' the previously approved plan of development- and the applicant submitted another Application for a'Special X;xcemption, dated April 14, 1995 (second opplication); and, VMRM., the applicant seeim a special exception from the requirements of the How tam District Overlay Ordinance,. found in. Ordinance Ito. 19.93 -1545; . and, mum, the City Commission is authorised _ by Ordinance Ito. 19 -94 -1569 to grant. a special exception upon a demonstration by the applicant of satisfaction of the, criteria found ia'Section Z0 -7.51 Of the City of South Miewi.Land Development Code ;..and, ttgl PJMS, the City Commmission is' authorized to prescribe reasonable conditions, restrictions and limitations it deems necessary or desirable in order to proser". and promote the intent .of the Hometawn District Overlay Ordinancw; aud, IMRW B, the City of South Hi:ami Planning Board, after appropriate legal notice, conducted a.pablic - hearing on Apr it ZSr 1995, and recommended approval (3 to Q) of the second Application for Special Exception; and, RHERE]►Sr on M0 2, 1995, the City. Commission, after complying with all pertinent notice requiremente.of the Florida.Statutes and the City of South Mismmi Laud Deve],Qpmentl Code and Code of Ordinances, conducted a.quasi-judicial public hearing on the AWltcatton for Special Meption; and,. 1 i (2) The Application for Special Exception consists' of the application and all plans and other documents, that are annexed and made a part of this Resolution as Exhibit 2. Section 2. to2din= of ract, -C-CM 1Rsios3: of Lax Am 032der. FINDINGS OV FACT. I. The recitals in the Whereas clauses and the statements in Section 1 are incorporated into.and made a part of these findings of fact, 2. The staff report for the Sunset Red, Ltd. Special Bsception Application, dated April 221 1995, providing -a description of the development, evaluation and recommendations is annexed as Exhibit.3 and spade a part of these findings of fact. 3. The property is located within the boundaries of the Hometown .District and the requirements of the District Overlay Ordinance apply. 4 The proposed development is not in strict compliance with the requirements of the #Motown District regulations. S. eased on the Application for Special Exception and the representations of the applicant, the applicant.has satisfied its bard ®n of demonstrating that: a. The, proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyses other development as. envisioned in the Hometown District regulations. b. The proposed developmuent is compatible with the land uses and development intensities prescribed by all applicable city• regulations. c. The proposed developmint must possess integrity of design. compatible with the design criteria established for•.•the Hometown District and with the overall image of the City.. d. The proposed development shall he designed in a manner that provides for effective manage�t o!` traffic, (vehicular and pedestrian), parking, lighting,. noise and waste generated by the development, and management of 'the impacts of the development on public facilities and services. e. The proposed, developme nt. does not expand the permitted Uses.Withiu the Hometown District.. 3. 1UiPCREAS, all procedural requirements of the laws of the State of Florida and the Land Development Code of the City of South Y4ami have been met; and, WUREAB, the City Commission, after weighing all the competent evidence presented at the hearing, has d termined that (1)- the approvalioof for the Special a application subject the gconditi conditions (3 ) PP pp jec and r8quiramients specified in this Resolution will further.'the interests of the health, safety and welfare of the citizens and residents of, and businesses in, the City of.South Maui. NOW, TRIUMMFORB, 88 IT RESOLVED BY THE MAYOR AND CITY C0�lIZSSION OF THE CITY OF SOUTH XIA= t PLORrDAt Section 1. p„Mvrit intifiction_ (a) The name of the development is% TER BAKERY CENTRE. (b) The legal description of - the property included in the Bakery Contra development is attached to this Resolution at Exhibit .1. (c) The name of the applicant is: Sunset Red, Ltd. c/a Michael Comras The Comma Company 1111 Lincoln Road Mall, Suite -510 Miami Beach, YL 33139 (d) Tate name of the authorized agent for the applicant is s Michael Coimraa The Comma Company 1111 Lincoln Road Nall, Suits 510 Miami, Beach, M 33139 (f �ligation fgX. Speci &l „FExccption (1) The proposed 699,484 ft. s' development iucludesi 397,000 ft.* of retail space ( including 47., 000 ft.m of restaurant space); 80,000 ft., oftTAMis theater space for 4,600 seats; 40,500 ft.* of residential space for 40 dwelling units; 62,000 ft.= of mall, service and miscellaneous space; 120,484 ft-* of exterior: circulation spacer and, 580,615 ft.* of parking ggxage for approximatelyp 1,698 parking spaces. The develoyatent. not including the parking garage., is 1.5.9 4 i r. ! . The proposed development will not have an unfavorable effect on the economy of the City of South Miami. q. The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. 6. Further review and approval of detailed development plans and specifications - is. required prior to issuance of any development permits to assure compliance with the criteria for approval contained in paragraph 5 of this section. 7. The development will be integrated into the surrounding area, promote pedestrian traf fic - along U.S. l.; Sunset Drive and Aed Road, facilitate pedestrian traffic between the development and the South XLami Metrorail Station, encourage pedestrian traffic between the development and business in the area, provide sufficient parking, provide a: integration and # convenient spatial relationship between the residential use"and parking and other uses, provide adequate internal circulation and functional valet parking, provide adequate open space and landscaping, and assure continuous maintenance of private common areas and facilities. Be The development will impact the area of. the downtown district, which is described as the Hometown. District and delineated on the HO Regulating Plan. The applicant has eomtnitte to integrates the development into the Hommetown District and has made adequate provision to mitigate the impacts on the streets is the area, 4. The development is consistent: with the land use' designations for the property sPecified in the City of South Miami Ccenprehensive Plan and the Hometowni District- Overlay District created by Ordinance No. -19 -93 -15450 10. The development is consistent with- the applicable Provisions- of the City of south Miami Land Development Code, and° it is within an authorized modification to,.a previously approved DOveloPOut of Regional Impact by Resolution No. 133 -94- 9534:• 11. The development is consistent with the City of South Miami COMPrehensive Plan and its-Land Development Code, CONCLUSIONS OF LAW. 12. The applicant has met its burden to demonstrate -that it is entitled to relief from strict. compliance with the requirements of the Hometown District regulations. The burden is met, in part.; by the representations of the developer at the public heeaactugs on the )first and the second applications, and by the conditions in the order which require, further review and approval of detailed 4`` i development glans and specifications to assure compliance with the criteria for approval contained in paragraph 5 of this section. ORDER. 13. The application for Special Exception is granted subject to the conditions contained in the following Development Approval. 8actioa 3. De�;�p� t�_a1 • The modified development plan identified in Exhibit 2 is approved subject to the following conditions: SPECIFIC CONDITIONS. 1. The Specific Conditions and the Statutory and General Conditions of the development approval in Resolution No. 13.3 -94- 9534 are incorporated into and made a part of this Resolution. 2. Building heights shall be limited to the heights shown on the drawings of building elevations a- lymi.ttod into evidence at the ]day 2,.1995'hearinq on the application. 3. As an incentive to increase the amount of residential .use Of the development, the applicant may expand the residential use from 40400 ft.* (approximately 40 d.-O.08) to 100F000 ft.l (approximately 100 C9qU*s).1 To accomplish. an increase is the residential use, the increase in the total buildable area of the. development by an amount. corresponding to the area of the Additional residential units and related common areas (gig. hallways, walkways, parking) shall. not be a. material change regnirinq a now special exception. The expansion will be allowed by the -City upon compliance with all other: requiz*wnts of this Resolution and the Land Development co",, and upon - demonstrating that sufficient parking is available. The applicant shall: 4. Provide for the functional integration of. the development, with the surrounding "homsetowna town center. An cgnidelinex� for achieving- functional integration, the applicant shall amply with the followings a. The architectural standards in Sections 20- 7.15, 20 -7.16, 20 -7.17, 20- 7.18.,.20 -7.x9, 20 -7.20, 20-37.21,, 20- 7.22., 20 -7.23, 20-7.24 and 20 -7.25 of the Land Development Code, with such variations an may. be approved by the Environmental Review and Preservation Hoard (IMPS) at the time of site plan and buildinq.permit review. any variations to the architectural standards shall be the minimum necessary to maintain: integrity Of design. Roofs shall be white wherre feasible. 5 b. The street standards in Section 20 -7.26 of the Land Development Code with such variations as are depicted on the plans in Exhibit 2 of this Resolution. Any change in the plans by the applicant that decrease variations from street standards shall not be a material change requiring a now special exception. a* Architectural and landscape elements shall be designed to create a harmonious relationship between development and tha surrounding town center. This will allow for individual expression in design style but provide harmony through the use of commson design, elements d. Loading docks, solid waste facilities, mechanical . equipmaant, electrical vaults, closets or equipment shall not be located along, facing, or visible from U.S. 1, Red Road, Sunset Drive, and•SBth Avenue and the Netrorail system. S. Provide for the physical integration of the.residential use on Sunset Drive with the other - permitted uses. As guidelines for achieving physical integration, the applicant shall comply with the follorinq,design criteriaa ab d unified and well organised arrangement of buildings, service arose, parking, pedestrian and landscaped common areas shall provide for security and maximum .comfort and convenience to- occupants and visitors. b. Rasidentinl units shall be conveniently located in relation to parking areas. , 6. Design and construct inters r roadways to coop. XuPiraments for width, sftrength, intersection geometry" and turning radii for fire and esaergency rescue equipment.. The interior roadways shall remain open and the applicant, shall not construct Principal buildings, accessory. buildings, or structures in the roadways. The :foregoing shall not preclude the use of reasonable limitations on use and access for the life, safety and welfare of the public and users. The applicant shall be: responsible for the maintenance of the interior roadxetpsI sidewalks: and common facilities in good and clean o©nditioa. The,spplicant. shall clean public sidewalks. 7. Frovida for on- street parking on interior roadways and on Sunset Drive and Red .Road, and unified siynage, it. justified. &Ad allowed. S. Facilities and access routes for retail and restaurant deliveries, sera►icing, and maintenance shall be located in then interior of the development, and arranged to prevent interference with pedestrian traffic. t. 6. 9. Demonstrate that adequate parking is provided for the development. The applicant shall provide documentation acceptable to the Director of the City"s Building, Soning and Community Development Department that .details proper functioning of on -site and,off -site parking. The documents shall include, at a minimumr collection, stacking, gate operations and all aspects of valet operations. The documents shall be provided to the. City and accepted by the Director prior to the issuance of the first building permit. The City shall retain a consultant to review the documents. Reimbursement of costs shall be paid by the applicant to the City prior to issuance of the permit. The Director shall certify that adequate parking is 'available as a. requirement. to issuing Cortificates of Occupancy. 10. Provide day. care services to meet the need of employees of businesses: of the development. The applicant shall submit a report on the scope of used for day care services to the Director.. The design for day care facilities shall be subatttted for site :. plan review. 11. Design and construct impsoveiaenta for pedestrian crossings across U.S. Y at the intersection with Sunset Drive. The ,design for. the improvements shall be consistent with t o improveaes Me to Sunset. Drive between that, intersection and Red Road. The applicant shall be required to pay no more tin $5.0r400.00. The improvemesnts shall be completed, as.evidenced by a Certificate of Satisfaction, not later than t'yesr from the of €active date of this Resolution• 12. Contribute $50,800.00 a year for each of 7 years to be. used exclusively for design and improvement to streets, other tban Sunset Drive, to the Hometown District. The City will provide . funds. to match the applicants• payments. The design of the tents shalt be compatible with the Hompeto�en District dwe -aping regulations. The first payment shall be received not later than 1 year after issuing the first building permit. The unpaid balance shall be paid prior to issuance of the final Certificate of Occupancy for the devel,opmtent . 13. Comply With the Open Yard Space r6jsirsments of Sections 20 -7.70 20 -7.8 and 20 -7.9 of the Land ,Development Code. The minimum Si requirement applies to property owned or occupied by the applicant after satisfying dedication requirements. 14. Extend water mains to serve the develop�nnt to. provide -an_ A- supply of potable waterr and ensure sufficient pressure and flow. capacity for fire hunts, and relocate utilities on the pCrisporty and in public -:rig is -of- ways. if: needed, at no cost to the . 7 f i 13. Prohibit deliveries to the loading docks, street cleaning and solid waste removal between the hours of. 3100 p.m. , and midnight. 16. Cooperate with the City of South Miami Police and Dade County Fire departments and Dade County Emergency medical Services to incorporate reasonable and necessary security and safety, measures so as to provide for adequate emergency medical services. 17. Provide adequate security for the safety of property and persons on the premises. Adequate security will be established by conducting a security audit by a.qual'ified.protessional, The security audit shall consider all relevant factors, inciudinq physical design, types and level of lighting, control of points of ingress and egress to buildings and common areas, electronic surveillance, and numbers of officers and, schedules for a security force, The applicant shall evaluate hiring off- duty police Officers of the City of South Xiami Police Department to provide security services. it requested by the City Manager, the, applicant .shall cooperate in establishinq a- special taking district is the doxntown area for security.. purposes. 18. Establish -on- site parking policies and charges for Parking facilities. The first full hour of. .parking shall be free to all users regardless of their. destination The applicant shall extend the some. parkiAg, price benefits: provided to: project tenants to all of the ItWSunset area merchants and their customers. The policies shall be eubject to the approval of the City Manager. 19 To the and that full traffic and , pedeatrian flour can be maintained on City right-of -ways during the course of construction, submit to and receive the approval of the Director of a traffic maintenance plan for. the entire construction. period prior-to the Issuance of any building permits. The plan shall'downstrate that circulation can be maintained in .relation to the various stages and sub- stages of the development. If traffic and pedestrian flew cannot_ be maintained as proposed, than staging shall L be changed accordingly. 20. Record a Declarations and Restrictive Covenants in•the public records of Dade County,: Florida, providing. for the perpetual maintenance of all internal and. peripheral project roadways, sidewalka, lightingo, landscaping, irrigation, parking facilities, euterioa building facades,' loading areaa,'solid waste facilities,, mechanical equipment, and all other common areas and elements. The instrument shall run with the land and be binding on successors or assigns. T& instrument shall be approved by the City Attorney and recorded prior to the i0suance of the first Certificate of Occupancy. 21. Record a Public. Sasement, in the public records of Dade :County, Florida, granting' the City and other public :authorities 8 rights of access over and to the common areas and elements described in paragraph Z for the purpose of providing urgency medical, fire rescue, fire response, lam onforcmmentr inspection, maintenance and other governmental functions. The instrument shall be approved by the City Attorney and recorded prior to the issuance of the first Certificate of Occupancy. 22. Record Dead$ of Dedication in the public records of Dade County, Florida, for previously dedicated, but unrecorded, rights - of-way along Sunset Drive, Red Road and U.B. l.. The instrument shall, be approved by the City Attorney and recorded. prior to the issuance of the.first building permit. 23. Diligently continue construction under the project construction schedule, as modified frw-time to timer to gwlstion Of the development. The applicant shall deliver a copy of the construction schedule to.the Director prior to the issuance of the first building permit. Copies of revised construction schedules shall be delivered to the- Director quarterly. 24. Monitor and report on the effects.of project traffic on the surrounding roadways in the Hometown District if requested by the City Manager after the issuance of the final Certificate! of Occupancy. The reports) shall include recommendations for roadway controls and improvements to the surrounding area and the interned streets of the project. The applicant shall be required to pay no -more than $15,000.00 for monitoring (Act including. reimbursement to the City for consultant ' s #*es) . 2nte=al project improvema+u►ts shall be.mads at the cost:o# the applicant. 25. Complete a traffic and directional, signage plan for v*hielee and pedestrians. The plan most be approved by the Director prior to the issuance of the; first Certificate of Occupancy. 26. Continuously monitor and facilitate the movement of vehicles and pedestrians on internal project roadways and at all ppoorots of ingress and egress. The applicant shall .designate a. Traffic Coordinator at the time it submits the traffic 'and directional sIgnage plan. 27. Make public space available for not- for - profit groups and for public functions. The applicant/ a policy shall be provided to the Director prior to the issuance of the first Certificate of Occupancy. 28. Notify the Director, Dade County and state archeological officials at the Florida Department of state .Division of Historical Resources within 24 hours of any area where potentially significant historical or- archeological artifacts are uncovered, and permit state and local preservation officials to survey and excavate the site. Is 9• U'It '.`. - 1' � .. '.9i..A ..r i •Y li.' (.. � t1< � i .. 1 - �" ��"+ T'^' s ^•'�_- „"'•-- .��..+....��...._.. �.�. 29 . If . requaated by the City manager, cooperate With the City in establishing a tax increment financing district. 30. Reimburse the City for its costs directly resulting from the proceedings relating to the Notice of Proposed Change{ the Application for Special 8xception, and further review of glans and specifications, reports and studios up to the issuance of the final Certificate of occupancy.. Reimbursable costs include consultant's fees (urban design, traffic, parking and other as agreed to_by,thA applicant) , attorney's fees and usual .costa (excepting fees and costs incurred in any judicial or administrative adjudioatory proceedings. brought by the applicant or the .City) e reproduction, overtime secretarial, and other adtiUzistrative costs. Reimbursable costs excludes payment for time expanded by. salaried City officials. Inwoices.submitted by the.City.will be paid within 30 days. GMRAL COUDITIONB. 31. The City Manager may require further review by the Planning Board or the MWD when the manager believes that the plans and specifications submitted with an application for a development: permit do not comply with this. development approval. . The City xanager may require further approval by the City Cormisaion when the manager.determines that the.plans and specification.eubmitted with an application for development approval constitute a material change to thin approval of the Application for Special Zweption, or, iiholl a violation or, failure of is condition of developm of occurs. 32. The following changes shall constitute a material change to this . developm at: orders. a. An increase in total gross; buildable area, other than that allured, in paragraph 3. b. A decrease in total parking spaces provided on- Bite. C, An increase in.theater.seats. d. A decrease in the number of residential units f*r1 40 33. All applications for development approvals and permits Pursuant to this approval must include complete elevations.. for entire. facade and street frontage along streets or. private -roadways abutting.'and within the project. 34. All site plans entailing exterior construction must be reviewed by the'BRPB pursuant to section 20 -'3.11 of the L4nd Development Code. 10 35. The Application for Special Exception and the glans entered into the record. at the May 2, 1995 hearinq are incorporated . into this Resolution by reference and relied upon by the City in discharging its statutory duties under its C,spreheneive Plan and Land Development Code. Substantial compliance with the representations contained in the Application for Special 31=eption and ths'plans,.and the oral representations made by the applicant at the hearings on the first and.the second applications (in case of a direct conflict between representations made by the applicant at the two hearings , which result soley from changes to the: plan of the second in.the ring second Maya2p11995ishall connttror l) ntin in condition for approval unless waived or modified in writing by the City. 36. This development order shall terminate on Docember 31,. 1999. The termination date may only be extended in accordance with the reggreaents of the Land Development Code. DBVSL NEXT ORDER. 379 This Resolution constitutes a local. developmaent order granting an Application for Special Exception. it includes (a) the Resolution= Land) (c) the rebcord of the Mayd2aa 9 5 hearing. this +�. This development order approves general site plan and the proposed uses; magnitude and $Atgnsity of development identified in the application. b. This development order is subject to the conditions and. limitations contained-in this Resolution.. C., This development order requires further, development approvals. Additional review of applications for building. ppeermits shall be as required by this Resolution and Section Z6-7.52 of the Land Development Code (procedure for Special Rxoeptiou'. C This development order shall apply to the applicant, its successors, or assigne, and it shall be binding upon the,real property described in Exhibit 1. Notices required under this Resolution shall be given to the interested parties at the..folloving adores ?esa To. the agent for the City of South Miami= City isanager Cite i 623�I Sunset 4f South Drive Mami 11 South Miami, FL 33143 To the agent for the Applicants Michael Comras The Cameras Company 1111 Lincoln Road Mall, Suite 510 ]Maori. Beach, PL 33139 Notices shall be deemed given when (1) delivered to,the U.B. Postal Service for mailing by certified mail addressed to -the agent shown in this section or (2) a receipt is issued. for a hand- delivered notice. Notif ication by telefacsimile or other unauthorised means shall not be effective,. A change of address shall be effective when the agent receiving. the notice of change Signs a receipt evidencing actual receipt of the notice.' SeCt�CIII S. This Resolution shall. supersede Resolution Nos. 65- 82- 4065, 63 -82- 406511. 137 -92- 9342. and 134 -94 -9536. 2n the event of any conflict between this Resolution and prior resolutions regarding the Bakery Centre development, this Resolution shall govern. The City shall take further action to rescind the PDD-M zoning for the Property • gectkw 6. itv. The sections, paragraphs, sentences, clauses and phrases of this Resolution, are severable, except any part of Section 3, and any phrase, clause, sentence, paragraph or section of dais Resolution shall be declared uuconstitutional.or is otherwise held invalid by a court of competent jurisdiction, the determination shall not affect the remaining phrased clauses, sentences, paragraphs and sections of this Resolution. Section, 8. Hffsotiw Data. This Resolution shall become effective on adoption. PASSED AND ADAPTED -this 2nd day .of 1Say,. 1995. APPROVED s MAYOR AMOT t CITY CLM I READ END APPROVED AS TO FORMS CITY ,ATTORNEY EGG /eqq ra 13/7 ys . IL CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean L. Mimms, AICP Date: April 22, 1995 Director of BZCD Dept. From: Bill Mackey , Re: Item PB -95 -003: Staff Report Planner Special Exception Application TABLE OF CONTENTS REPORT ITEM REQUEST BACKGROUND ANALYSIS RECOMMENDATION [MODIFIED FROM PRIOR APPROVAL] COMPREHENSIVE PLAN [ISSUES FROM PRIOR APPROVAL] CONSISTENCY WITH COMPREHENSIVE PLAN SPECIAL EXCEPTION HISTORICAL BACKGROUND APPLICABLE REGULATIONS: Ordinance No. 19 -94 -1569 Ordinance No. 19 -93 -1545 Ordinance No. 85 -82 -4065 Ordinance No. 65- 82 -4065A Resolution No. 137 -92 -9342 Resolution No. 138 -92 -9344 Resolution No. 98 -93 -9337 Ordinance No. 11 -94 -1560 Ordinance No. 20 -94 -1570 (� Minutes from May 5, 1992 PAGE 2 3 3 8 8 11 A -1 B -1 ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8 ATTACHMENT 9 ATTACHMENT 10 PA REQUEST: ITEM PB -95 -003 Applicant: Sunset Red Ltd. Request: Special Exception, in lieu of prior Special Exception granted by City Commission on December 6, 1994, pursuant to Section 20 -7.51 from the requirements of the Hometown District Overlay Ordinance for property located in the Hometown District and zoned SR (Specialty Retail /Residential). Location: 5701 Sunset Drive; South Miami, Florida 33143 Pursuant to Ordinance No. 19 -94 -1569 (Attachment 1) adopted on November 18, 1994, the applicant, Sunset Red, Ltd., has submitted an application for a Special Exception from the regulations of the Hometown District Overlay Ordinance (Attachment 2) in Section 20 -7 in the Land Development Code. The Planning Board is charged with the duty of formulating recommendations for the City Commission as a part of the hearing process by which the City Commission, sitting in its capacity as a quasi-judicial body, will consider this application. The City Commission in its consideration must find by review "substantial competent evidence" that this application meets the following objectives as set forth in the recently adopted Section 20 -7.51: 1. The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. 2. The proposed development is compatible with the land uses and development intensities prescribed by all applicable City regulations. 3. The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. 4. The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. 5. The proposed development does not expand the permitted uses within the Hometown District. 6. The proposed development will not have an unfavorable effect on the economy of the City of South Miami. 7. The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. The Planning Board is hereby requested to offer recommendations to the City Commission concerning compliance of this application with the seven stated objectives contained in Section 20 -7.51 BACKGROUND: On December 6, 1994, the City Commission adopted Resolution No. 134 -94 -9536 [see Exhibit A] which granted a special exception from the provisions of the Hometown District Overlay Ordinance, pursuant to § 20 -7.51, to the applicant, Sunset Red, Ltd., for the Bakery Centre Redevelopment on property which is located at 5701 Sunset Drive [for an historical background of the property see Exhibit B]. The applicant, Sunset Red, Ltd., has made application for a Special Exception, in lieu of prior Special Exception granted by City Commission on December 6, 1994. The new Special Exception application proposes modifications from the prior approval, as outlined below under "Analysis". ANALYSIS: The applicant has submitted an application for a Special Exception which proposes the SAME density and intensity of development for the property located at 5701 Sunset Drive, known as the Bakery Centre. The main elements of the project that differ from the approved Special Exception are as follows: The applicant seeks to demolish the existing structure, in order to provide for street access along Sunset Drive, in closer accord with the Hometown District Overlay Ordinance requirements; 2. The applicant seeks to increase the height of the proposed new structure along Sunset Drive by approximately six feet. This increase reflects an adjustment to the Sunset Drive fagade and the elimination of the below -grade storefronts of the existing structure that is to be demolished; The applicant seeks to modify internal streets, in order to provide for a more pedestrian- oriented street lay -out, which is accomplished via a gradual street curvature and protected pedestrian plaza; 4. The applicant seeks to remove the arcade along Red Road in conjunction with the revised design; The applicant seeks to provide for more on- street parking along Sunset Drive; and therefore, the applicant has proposed angle parking to replace the parallel spaces proposed for this location. A detailed comparison of the Hometown District regulations, the approved Special Exception and the proposed Special Exception has been prepared by Planner Slaven Kobola (see the following two pages). A modified review of the staff response to the Special Exception application, staff recommendation, staff review of Comprehensive Plan issues, and a new, final statement regarding consistency of the application with the Comprehensive Plan are included on the pages that follow the comparison analysis chart. l� �C �C ►C �C II `+ + Ly Vi � W UQ CAD �q N cD 22 O o �+ P. 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C � � O CD A 00 � CD C a�,� ox CD r. 5. CO a O � � C Lil at ( 0 b �0 O b �o CD CD CD O '•t O O CD O CD CD CD aq EL CD 0 R. p Q+ O V N ^ O N ^ CJG �D Fjj" d O Z O "0 Z O� p C/� ►a �' Cn N C!i O > F- > � � ° D � ova 0 cr R °, o °,, o ° VD VD o CD cA � - '" a"� CD cr CD DO On O O Ln y+ Z 00 0 a a O CCO �' CD CD 0 �, CD a. CD 0 CD � A � fD C�lJ OZ CSJ Z Z + O -+ �-r CD O D 000 (D CD CD O �• C4 Cori FD' O A' CD' n % CL ry ` O CD CD ' a °= u a d .� m CD cn �d CD M. C u " o A7 CCD CD' CD CL G Vp O G x CD A cD CD CD CD. GQ CD CD C7Y$0 Z Cr1Z Z CD C C» 'r3 b o bj b �? '» r: CD co C O O O O `� �. ¢ a. C, x �- m R C6 L C4 a. CD Fi CD aq c° ( Cam/] USG O r 00 7 d Fn 00 > :11CD O Q. d CD m CrJ C' O' CD � \ � CD CD' x cD CD o CD CD m CD CD .: u. n CD CD O O O O O Qm CA 00 00 �O T u + N In granting a special exception, the City Commission of the City of South Miami must find by substantial competent evidence that: 1. The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. RESPONSE - The proposed mixed use development meets this test. This large, pedestrian- oriented project opens outward to two boulevard level roadways (Sunset Drive and Red Road), and offers welcome replacement of the inward - oriented development presently on site. Such opening to these important, sidewalk -lined roadways promises to invite pedestrian circulation both into and out of the proposed development (which also has significant internal, open air pedestrian circulation areas). The existing Bakery Centre building at Sunset and Red will be removed in order to open the site for pedestrian access from Sunset Drive. Once constructed and opened, the proposed 691,984- square foot project will certainly bring more customers to downtown South Miami, increasing its overall visibility, draw, and predictably, its property values. This in combination with the improvement of the Sunset Drive right -of -way between Red Road and US 1 by the developer in a fashion consistent with the Hometown Plan, will contribute to improvement of the Hometown District and should catalyze other development as envisioned in the Hometown District regulations. 2. The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. RESPONSE - All proposed uses are compatible with the land uses and development intensities prescribed by the Hometown District Overlay Ordinance (which has no intensities specified) and the Comprehensive Plan of the City of South Miami. Although the proposed uses are consistent with the underlying SR zoning district's use criteria, the SR district allows a maximum F.A.R. (floor area ratio; i.e., total sq. ft. /net land area) of 1.6, which is exceeded by the proposed development's F.A.R. of 1.67. This excess, however, is allowable since Section 20 -7.2 B. of the Hometown District Overlay Ordinance states that where there is conflict with other Land Development Code requirements, Hometown District requirements shall control. 3. The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. RESPONSE - The proposed development possesses design integrity compatible with Hometown District criteria and the overall image of the City. The applicant has done a credible job by replacing the large, glass- roofed building at Sunset and Red and by tying the existing parking garage (which will be expanded) into a unified project that has been significantly influenced by the design criteria for the Hometown District. Although there are differences between the project plan and the Hometown District Overlay Ordinance (see pp. 12 -13 of ANALYSIS), the overall design result is one of integrity that is compatible with the Hometown District criteria. The development incorporates sidewalks of 7 ample width to both encourage pedestrian circulation and to calm vehicular traffic. Although some of the buildings have footprints well in excess of the 20,000 sq. ft. maximum specified by the Hometown District regulations, facades have been designed to appear to be the fronts of smaller buildings as envisioned by the Hometown regulations. An interesting, safe and inviting environment for the pedestrian is proposed. Building materials to be used are among those in the pre- approved architectural standards for the Hometown District. Additional comments as to design integrity are in the response to item no. 1 above. 4. The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities. RESPONSE - The plans do not propose traffic, lighting or noise sources which are unusual for the proposed uses, all of which are usual uses with respect to City regulations. Future, detailed plans presented to the City for either design (e.g., ERPB) review or building permit review, would have to meet all applicable criteria with respect to light and noise impacts. Liquid and solid wastes (sewerage and trash/garbage) are the sole responsibility of the applicant /property owner to handle. Sewerage is a matter of allocation by Dade County WASAD to the applicant, proof of which must be presented to the City prior to issuance of building permits. All trash/garbage generated by the project must be handled by licensed haulers, either commercial or the City of South Miami. Copies of trash/garbage contracts are required before the City will issue a Certificate of Use and Occupancy to a business. 5. The proposed development does not expand the permitted uses within the Hometown District. RESPONSE - All proposed uses are permitted within the Hometown District. 6. The proposed development will not have an unfavorable effect on the economy of the City of South Miami. RESPONSE As is typical for predominantly commercial projects, the overall fiscal and economic impact on South Miami is expected to be positive. 7. The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. RESPONSE - Given that the project is within allowable intensity levels for the Hometown District, excessive overcrowding will not be created. The Hometown District, in fact, has much untapped potential, and will continue subsequent to development of the proposed project, should it be approved. W RECOMMENDATION [MODIFIED FROM PRIOR APPROVAL]: Staff recommends approval of the Special Exception, subject to the following conditions: 1. That any of the following changes made to the design subsequent to receiving a special exception approval would constitute material changes and, therefore, require application for a new special exception: a. An increase in total gross buildable area; b. A decrease in total parking spaces provided on -site; c. An increase in theater seats; or, d. A decrease in the number of residential units. (Note: decreases in b and d are to be calculated as a percentage of total gross buildable area actually constructed.) 2. All subsequent site plans must include complete elevations for entire facade and street frontage along streets or private roadways abutting and within the site. 3. All subsequent site plans entailing exterior construction must be reviewed by the ERPB in accordance with the procedure set forth in Section 20 -5.11. COMPREHENSIVE PLAN [ISSUES FROM PRIOR APPROVAL]: Issue #1: Uses The Comprehensive Plan language found in the Future Land Use Element which describes the land use designation of SR (Specialty Retail/Residential) is as follows: Specialty Retail/Residential (Four - Story) The specialty retail /residential land use category is intended to facilitate maintenance of the basic character of the Sunset commercial area. Zoning regulations that implement the category should require comparison retail uses at grade level. Restaurants and a limited range of non - comparison retail uses could also be permitted. Banks and similar uses that do not reinforce the comparison retail environment should be prohibited or very strictly limited. Zoning regulations should permit either retail and /or office uses at the second floor, if a second floor is built. Zoning regulations should permit only residential uses at the third and fourth levels, if third and fourth levels are built. This language shall not be construed to require the development of second, third or fourth floors in conjunction with a first floor. 9 The proposed redevelopment complies with the intent of this language. Although retail and storefront uses occur on the third level, this has been deemed consistent with the intent of the Comprehensive Plan based on the City Commission discussion and vote on May 5, 1992. Special counsel opined that the language of the Comprehensive Plan is permissive and that permitted uses in the SR District need not be limited to specific floors (Attachment 10). Issue #2: Height The proposed height of the parking structure is seven stories. The proposed height of structures along Sunset Drive are six feet higher than the 56 feet specified in the Land Development Code; however, this does not conflict with the Comprehensive Plan, since the Bakery Centre Redevelopment is still an existing DRI Development Order. As an existing development order the Bakery Centre has been approved for a parking garage facility of 8 stories in height and commercial structures that exceed twenty -two stories in height. Nothing in this plan is intended, or has the effect of, limiting or modifying the right of any person to complete any planned development which has been issued a final planned development order which is in full force and effect and where development has commenced and is continuing in good faith, provided that all regulations and conditions imposed by the City are met. Issue #3: Traffic on Sunset Drive and Red. Road The Traffic Circulation Element of the Comprehensive Plan requires that all principal arterials and minor arterials be maintained at the minimum level -of- service of "F" within the City of South Miami: Policy 1.1.1 Utilize the following level of service standards: Principal Arterials "F Minor Arterials "F" Collectors "C° Both Sunset Drive and Red Road are identified as Minor Arterials for the portions of these roadways that are adjacent to the subject property. The "F" designation is defined in the Comprehensive Plan as follows: LOS "F" describes forced flow operation at low speeds. Speeds are reduced substantially and stoppages may occur for short or long periods of time. In the extreme, both speed and volume can drop to zero. Any amount of trip loading or traffic volume may be permitted. No amount of traffic volume increase will lower the level -of- service ( "F" is the lowest); therefore, for this project (or any other) the Comprehensive Plan policy requirement is satisfied. 22 10 Issue #4: Traffic on US 1 The Comprehensive Plan includes specific safeguards for the maintenance of levels -of service along Bird Road and US l; language is included regarding developments of regional impact under Item 4: 1. Until December 31, 1995, the peak period level -of- service standard for US 1 shall be 115 percent of the peak period traffic count in 1989. The City shall use the peak hour traffic data for 1989 available from the Florida Department of Transportation. 2. After December 31, 1995, the peak period level -of- service standard shall be 150 percent of D capacity for US 1. 3. The peak hour level -of- service standard for Bird Road shall be 120 percent of E capacity. 4. The City will not issue any new - construction permit which would have the effect of lowering the level -of- service on Bird Road or US 1 below the levels specified in "1," "2" and "3" above unless such permits are issued pursuant to a development of regional impact (DRI) approval granted prior to the effective date of this plan. Due to this language the proposed redevelopment of the Bakery Centre which is submitted as a modification of approved development of regional impact (DRI) is consistent with requirements set forth in the Traffic Circulation Element of the City's adopted Comprehensive Plan. Issue #5: Pedestrian Overpass The final issue which concerns the Comprehensive Plan and the proposed redevelopment is the issue of the pedestrian overpass. Specific language which deals with the pedestrian overpass and its relationship to this development order is contained in the Traffic Circulation Element of the Comprehensive Plan. Policy 1.5.1 See that the second level pedestrian connector from the Bakery Centre to the Metrorail Station is constructed in accordance with the developer's PUD commitment; include steps to the sidewalk. The Capital Improvements Elements contains the following additional language concerning phasing: Policy 1.3.6 The Holsum Bakery project shall be monitored to assure construction of the pedestrian overpass and street improvements in conjunction with the second phase. The construction of the overpass is directly linked to the approved development order. The proposed revision to the second phase as set forth by the Bakery Centre redevelopment request does not include the pedestrian overpass and, therefore, precludes the need for construction of the facility, since the redevelopment request succeeds the existing development order as the approved second phase. T2 11 CONSISTENCY WITH COMPREHENSIVE PLAN: The Bakery Centre Redevelopment Application for Special Exception is found to be consistent with the City of South Miami's adopted Comprehensive Plan. EXHIBIT A ro RESOLUTION NO. 134 -94 -9536 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE APPLICATION FOR SPECIAL EXCEPTION BY SUNSET RED, LTD. FOR A MODIFIED PLAN OF DEVELOPMENT FOR THE BAKERY CENTRE, CONTAINING FINDINGS OF FACT, CONCLUSIONS OF LAW AND AN ORDER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, Sunset Red, Ltd., submitted an Application for a Special Exception, dated November 15, 1994, for a project known as the Bakery Centre Redevelopment; and, WHEREAS, the applicant seeks a special exception from the requirements of the Hometown District Overlay Ordinance, found in Ordinance No. 19 -93 -1545; and, WHEREAS, the City Commission is authorized by Ordinance No. 19 -94 -1569 to grant a special exception upon a demonstration by the applicant of satisfaction of the criteria found in Section 20 -7.51 of the City of South Miami Land Development Code; and, WHEREAS, the City Commission is authorized to prescribe reasonable conditions, restrictions and limitations it deems necessary or desirable in order to preserve and promote the intent of the Hometown District Overlay Ordinance; and, WHEREAS, the City of South Miami Planning Board, after appropriate legal notice, conducted a public hearing on November 29, 1994, and recommended approval (5 to 1) of the Application for Special Exception; and, WHEREAS, on December 6, 1994, the City Commission, after complying with all pertinent notice requirements of the Florida Statutes and the City of South Miami Land Development Code .and Code of Ordinances, conducted a quasi - judicial public hearing on the Application for Special Exception; and, WHEREAS, all procedural requirements of the laws of the State of Florida and the Land Development Code of the City of South Miami have been met; and, WHEREAS, the City Commission, after weighing all the competent evidence presented at the hearing, has determined that (1) the Application for Special Exception should be granted and (2) approval of the application subject to the conditions and requirements specified in this Resolution will further the interests of the health, safety and welfare of the citizens and residents of, and businesses in, the City of South Miami. 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. (a) Development Identification. The name of the development is: THE BAKERY CENTRE. (b) The legal description of the property included in the Bakery Centre development is attached to this Resolution as Exhibit 1. (c) The name of the applicant is: Sunset Red, Ltd. c/o Michael Comras The Comras Company 1111 Lincoln Road Mall, Suite 510 Miami Beach, FL 33139 (d) The name of the authorized agent for the applicant is: Stephen J. Helfman, Esq. Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 204 Miami, Florida 33133 (f) Application for Special Exception. (1) The proposed 699,984 ft. 2 development includes: 397,000 ft.2 of retail space (including 47,000 ft.2 of restaurant space); 80,000 ft.2 of movie theater space for 4,600 seats; 40,500 ft.2 of residential space for 40 dwelling units; 62,000 ft.2 of mall, service and miscellaneous space; 120,484 ft.2 of exterior circulation space; and, 580,615 ft.2 of parking garage for approximately .1,698 parking spaces. The development F.A.R., not including the parking garage, is 1.59. (2) The Application for Special Exception consists of the application and all plans and other documents, that are annexed and made a part of this Resolution as Exhibit 2. Section 2. Findinc:s of Fact, Conclusions of Law and Order. FINDINGS OF FACT. 1. The recitals in the Whereas clauses and the statements in Section 1 are incorporated into and made a part of these findings of fact. 2 T 2. The staff report for the Sunset Red, Ltd. Special Exception Application, dated November 25, 1994, providing a description of the development, evaluation and recommendations is annexed'as Exhibit 3 and made a part of these findings of fact. 3. The property is located within the boundaries of the Hometown District and the requirements of the Hometown District Overlay Ordinance apply. 4. The proposed development is not in strict compliance with the requirements of the Hometown District regulations. 5. Based on the Application for Special Exception and the representations of the applicant, the applicant has satisfied its burden of demonstrating that: a. The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. b. The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. c. The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. d. The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. e. The proposed development does not expand the permitted uses within the Hometown District. f. The proposed development will not have an unfavorable effect on the economy of the City of South Miami. g. The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. 6. Further review and approval of detailed development plans and specifications is required prior to issuance of any development permits to assure compliance with the criteria for approval contained in paragraph 5 of this section. 3 A 7. The development will be integrated into the surrounding area, promote pedestrian traffic along U.S. 1, Sunset Drive and Red Road, facilitate pedestrian traffic between the development and the South Miami Metrorail Station, encourage pedestrian traffic between the development and business in the area, provide sufficient parking, provide a integration and a convenient spatial relationship between the residential use and parking and other uses, provide adequate internal circulation and functional valet parking, provide adequate open space and landscaping, and assure continuous maintenance of private common areas and facilities. 8. The development will impact the area of the downtown district, which is described as the Hometown District and delineated on the HD Regulating Plan. The applicant has committed to integrate the development into the Hometown District and has made adequate provision to mitigate the impacts on the streets in the urea. 9. The development is consistent with the land use designations for the property specified in the City of South Miami Comprehensive Plan and the Hometown District Overlay District created by Ordinance No. 19 -93 -1545. 10. The development is consistent with the applicable provisions of the City of South Miami Land Development Code, and it is within an authorized modification to a previously approved Development of Regional Impact by Resolution No. 133 -94 -9534. 11. The development is consistent with the City of South Miami Comprehensive Plan and its Land Development Code. CONCLUSIONS OF LAW. 12. The applicant has met its burden to demonstrate that it is entitled to relief from strict compliance with the requirements of the Hometown District regulations. The burden is met, in part, by the representations of the developer at the public hearing and by the conditions in the order which require further review and approval of detailed development plans and specifications to assure compliance with the criteria for approval contained in paragraph 5 of this section. 0 13. The application for Special Exception is granted subject to the conditions contained in the following Development Approval. Section 3. Development AMroval. The modified development plan identified in Exhibit 2 is approved subject to the following conditions: 4 11 SPECIFIC CONDITIONS. 1. The Specific Conditions and the Statutory and General Conditions of the development approval in Resolution No. 133 -94- 9534 are incorporated into and made a part of this Resolution. 2. Building heights shall be limited to the heights shown on the drawings of building elevations submitted into evidence at the December 6, 1994 hearing on the application. 3. As an incentive to increase the amount of residential use of the development, the applicant may expand the residential use from 40,500 ft.2 (approximately 40 d.u.$) to 100,000 ft.2 (approximately 100 d.u.$). To accomplish an increase in the residential use, the increase in the total buildable area of the development by an amount corresponding to the. area of the additional residential units and related common areas (e.g. hallways, walkways, parking) shall not be a material change requiring a new special exception. The expansion will be allowed by the City upon compliance with all other requirements of this Resolution and the Land Development Code, and upon demonstrating that sufficient parking is available. The applicant shall: 4. Provide for the functional integration of the development with the surrounding "hometown" town center. As guidelines for achieving functional integration, the applicant shall comply with the following: a. The architectural standards in Sections 20 -7.15, 20 -7.16, 20 -7.17, 20 -7.18, 20 -7.19, 20 -7.20, 20 -7.210, 20 -7.22, 20 -7.23, 20 -7.24 and 20 -7.25 of the Land Development Code, with such variations as may be approved by the Environmental Review and Preservation Board (ERPB) at the time of site plan and building permit review. Any variations to the architectural standards shall be the minimum necessary to maintain integrity of design. Roofs shall be white where feasible. b. The street standards in Section 20 -7.26 of the Land Development Code, with such variations as are depicted on the plans in Exhibit 2 of this Resolution. Any change in the plans by the applicant that decrease variations from street standards shall not be a material change requiring a new special exception. C. Architectural and landscape elements shall be designed to create a harmonious relationship between development and the surrounding town center. This will allow for individual expression in design style but provide harmony through the use of common design elements. 5 d. Loading docks, solid waste facilities, mechanical equipment, electrical vaults, closets or equipment shall not be located along, facing, or visible from U.S. 1, Red Road, Sunset Drive, and 58th Avenue and the Metrorail system. 5. Provide for the physical integration of the residential use on Sunset Drive with the other permitted uses. As guidelines for achieving physical integration, the applicant shall comply with the following design criteria: a. A unified and well organized arrangement of buildings, service areas, parking, pedestrian and landscaped common areas shall provide for security and maximum comfort and convenience to occupants and visitors. b. Residential units shall be conveniently located in relation to parking areas. 6. Design and construct interior roadways to code requirements for width, strength, intersection geometry, and turning radii for fire and emergency rescue equipment. The interior roadways shall remain open and the applicant shall not construct principal buildings, accessory buildings, or structures in the roadways. The foregoing shall not preclude the use of reasonable limitations on use and access for the life, safety and welfare of the public and users. The applicant shall be responsible for the maintenance of the interior roadways, sidewalks and common facilities in good and clean condition. The applicant shall clean public sidewalks. 7. Provide for on- street parking on interior roadways and on Sunset Drive and Red Road, and unified signage, if justified and allowed. 8. Facilities and access routes for retail and restaurant deliveries, servicing, and maintenance shall be located in the interior of the development and arranged to prevent interference with pedestrian traffic. 9. Demonstrate that adequate parking is provided for the development. The applicant shall provide documentation acceptable to the Director of the City's Building, Zoning and Community Development Department that details proper functioning of on -site and off -site parking. The documents shall include, at a minimum, collection, stacking, gate operations and all aspects of valet operations. The documents shall be provided to the City and accepted by the Director prior to the issuance of the first building permit. The City shall retain a consultant to review the documents. Reimbursement of costs shall be paid by the applicant to the City prior to issuance of the permit. The Director shall certify that adequate parking is available as a requirement to issuing Certificates of Occupancy. D 10. Provide day care services to meet the need of employees of businesses of the development. The applicant shall submit a report on the scope of need for day care services to the Director. The design for day care facilities shall be submitted for site plan review. 11. Design and construct improvements for pedestrian crossings across U.S. 1 at the intersection with Sunset Drive. The design for the improvements shall be consistent with the improvements to Sunset Drive between that intersection and Red Road. The applicant shall be required to pay no more than $50,000.00. The improvements shall be completed, as evidenced by a Certificate of Satisfaction, not later than 1 year from the effective date of this Resolution. 12. Contribute $50,000.00 a year for each of 5 years to be used exclusively for design and improvement to streets, other than Sunset Drive, in the Hometown District. The City will provide funds to match the applicants' payments. The design of the improvements shall be compatible with the Hometown District developing regulations. The first payment shall be received not later than l year after issuing the first building permit. The unpaid balance shall be paid prior to issuance of the final Certificate of Occupancy for the development. 13. Comply with the Open Yard Space requirements of Sections 20 -7.7, 20 -7.8 and 20 -7.9 of the Land Development Code. The minimum 5% requirement applies to property owned or occupied by the applicant after satisfying dedication requirements. 14. Extend water mains to serve the development to provide an adequate supply of potable water and ensure sufficient pressure and flow capacity for fire hydrants, and relocate utilities on the property and in public rights -of -way, if needed, at no cost to the City. 15. Prohibit deliveries to the loading docks, street cleaning and solid waste removal between the hours of 5:00 p.m. and midnight. 16. Cooperate with the City of South Miami Police and Dade County Fire departments and Dade County Emergency Medical Services to incorporate reasonable and necessary security and safety measures so as to provide for adequate emergency medical services. 17. Provide adequate security for the safety of property and persons on the premises. Adequate security will be established by conducting a security audit by a qualified professional. The security audit shall consider all relevant factors, including physical design, types and level of lighting, control of points of ingress and egress to buildings and common areas, electronic surveillance, and numbers of officers and schedules for a security 7 V force. The applicant shall evaluate hiring off -duty police officers of the City of South Miami Police Department to provide security services. If requested by the City Manager, the applicant shall cooperate in establishing a special taxing district in the downtown area for security purposes. 18. Establish on -site parking policies and charges for parking facilities. The first full hour of parking shall be free to all users regardless of their destination. The applicant shall extend the same parking price benefits provided to project tenants to all of the Red /Sunset area merchants and their customers. The policies shall be subject to the approval of the City Manager. 19. To the end that full traffic and pedestrian flow can be maintained on City right -of -ways during the course of construction, submit to and receive the approval of the Director. of a traffic maintenance plan for the entire construction period prior to the issuance of any building permits. The plan shall demonstrate that circulation can be maintained in relation to the various stages and sub - stages of the development. If traffic and pedestrian flow cannot be maintained as proposed, then staging shall be changed accordingly. 20. Record a Declarations and Restrictive Covenants in the public records of Dade County, Florida, providing for the perpetual maintenance of all internal and peripheral project roadways, sidewalks, lighting, landscaping, irrigation, parking facilities, exterior building facades, loading areas, solid waste facilities, mechanical equipment, and all other common areas and elements. The instrument shall run with the land and be binding on successors or assigns. The instrument shall be approved by the City Attorney and recorded prior to the issuance of the first Certificate of Occupancy. 21. Record a Public Easement in the public records of Dade County, Florida, granting the City and other public authorities rights of access over and to the common areas and elements described in paragraph 2 for the purpose of providing emergency medical, fire rescue, fire response, law enforcement, inspection, maintenance and other governmental functions. The instrument shall be approved by the City Attorney and recorded prior to the issuance of the first Certificate of Occupancy. 22. Record Deeds of Dedication in the public records of Dade County, Florida, for previously dedicated, but unrecorded, rights - of -way along Sunset Drive, Red Road and U.S. 1. The instrument shall be approved by the City Attorney and recorded prior to the issuance of the first building permit. 23. Diligently continue construction under the project construction schedule, as modified from time to time, to completion of the development. The applicant shall deliver a copy of the /I. construction schedule to the Director prior to the issuance of the first building permit. Copies of revised construction schedules shall be delivered to the Director quarterly. 24. Monitor and report on the effects of project traffic on the surrounding roadways in the Hometown District if requested by the City Manager after the issuance of the final Certificate of Occupancy. The report(s) shall include recommendations for roadway controls and improvements to the surrounding area and the internal streets of the project. The applicant shall be required to pay no more than $15,000.00 for monitoring (not including reimbursement to the City for consultant's fees). Internal project improvements shall be made at the cost of the applicant. 25. Complete a traffic and directional signage plan for vehicles and pedestrians. The plan must be approved by the Director prior to the issuance of the first Certificate of Occupancy. 26. Continuously monitor and facilitate the movement of vehicles and pedestrians on internal project roadways and at all points of ingress and egress. The applicant shall designate a Traffic Coordinator at the time it submits the traffic and directional signage plan. 27. Make public space available for not- for - profit groups and for public functions. The applicant's policy shall be provided to the Director prior to the issuance of the first Certificate of Occupancy. 28. Notify the Director, Dade County and state archeological officials at the Florida Department of State Division of Historical Resources within 24 hours of any area where potentially significant historical or archeological artifacts are uncovered, and permit state and local preservation officials to survey and excavate the site. 29. If requested by the City Manager, cooperate with. the City in establishing a tax increment financing district. 30. Reimburse the City for its costs directly resulting from the proceedings relating to the Notice of Proposed Change, the Application for Special Exception, and further review of plans and specifications, reports and studies up to the issuance of the final Certificate of Occupancy. Reimbursable costs include consultant's fees (urban design, traffic, parking and other as agreed to by the applicant), attorney's fees and usual costs (excepting fees and costs incurred in any judicial or administrative adjudicatory proceedings brought by the applicant or the City), reproduction, overtime secretarial, and other administrative costs. Reimbursable costs excludes payment for time expended by salaried City J 0 officials. Invoices submitted by the City will be paid within 30 days. GENERAL CONDITIONS. 31. The City Manager may require further review by the Planning Board or the ERPB when the manager believes that the plans and specifications submitted with an application for a development permit do not comply with this development approval. The City Manager may require further approval by the City Commission when the manager determines that the plans and specification submitted with an application for development approval constitute a material change to this approval of the Application for Special Exception, or, when a violation or failure of a condition of development occurs. 32. The following changes shall constitute a material change to this development order: a. An increase in total gross buildable area, other than that allowed in paragraph 3. b. A decrease in total parking spaces provided on -site. C. An increase in theater seats. d. A decrease in the number of residential units from 40 d.u.s. 33. All applications for development approvals and permits pursuant to this approval must include complete elevations for entire facade and street frontage along streets or private roadways abutting and within the project. 34. All site plans entailing exterior construction must be reviewed by the ERPB pursuant to .Section 20 -5.11 of the Land Development Code. 35. The Application for Special Exception and the plans entered into the record at the December 6, 1994*hearing are incorporated into this Resolution by reference and relied upon by the City in discharging its statutory duties under its Comprehensive Plan and Land Development Code. Substantial compliance with the representations contained in the Application for Special Exception and the plans, and the oral representations made by the applicant at the hearing, is a condition for approval unless waived or modified in writing by the City. 36. This development order shall terminate on December 31, 1999. The termination date may only be extended in accordance with the requirements of the Land Development Code. 10 V DEVELOPMENT ORDER. 37. This Resolution constitutes a local development order granting an Application for Special Exception. It includes (a) the application; (b) the exhibits annexed and made a part of this Resolution; and, (c) the record of the December 6, 1994 hearing. a. This development order approves general site plan and the proposed uses, magnitude and intensity of development identified in the application. b. This development order is subject to the conditions and limitations contained in this Resolution. C. This development order requires further development approvals. Additional review of applications for building permits shall be as required by this Resolution and Section 20 -7.52 of the Land Development Code (Procedure for Special Exception). d. This development order shall apply to the applicant, its successors, or assigns, and it shall be binding upon the real property described in Exhibit 1. Section 4. Notices. Notices required under this Resolution shall be given to the interested parties at the following addresses: To the agent for the City of South Miami: City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 To the agent for the Applicant: Stephen J. Helfman, Esq. Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 204 Miami, Florida 33133 Notices shall be deemed given when (1) delivered to the U.S. Postal Service for mailing by certified mail addressed to the agent shown in this section or (2) a receipt is issued for a hand - delivered notice. Notification by telefacsimile or other unauthorized means shall not be effective. A change of address shall be effective when the agent receiving the notice of change signs a receipt evidencing actual receipt of the notice. 11 1E Section 5. Conflicts. This Resolution shall supersede Resolution Nos. 65 -82 -4065, 65- 82 -4065A and 137 -92- 9342. In the event of any conflict between this Resolution and prior resolutions regarding the Bakery Centre development, this Resolution shall govern. The City shall take further action to rescind the PUD -M zoning for the property. Section 6. Severability. The sections, paragraphs, sentences, clauses and phrases of this Resolution, are severable, except any part of Section 3, and if any phrase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional or is otherwise held invalid by a court of competent jurisdiction, the determination shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of this Resolution. Section 8. Effective Date. This Resolution shall become effective on of Resolution No. 133 -94- 9534. PASSED AND ADOPTED this 6th day of Dec ATTES in r CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY EGG /egg Bakespex.res 12/7/94 12 MAYOR effective date / / r, 094. /f/ EXHIBIT B 0 BACKGROUND SPECIAL EXCEPTION DECEMBER 6, 1994 pt N 3 BACKGROUND: This property has an interesting history of change in both land use designations and zoning designations. The following is presented here to summarize the existing record of salient events concerning this property from 1981 to the present application for a Special Exception, pursuant to Section 20 -7.51 of the LDC. Location and Composition of the Subject Property: The subject property is known as the Bakery Centre and is bounded by US 1 on the north, Red Road on the east, Sunset Drive on the south and S.W. 58th Avenue on the west. The property originally contained a strip of retail shops along Sunset Drive, the Holsum Bakery offices and production facility (including a structure on US 1 which served briefly as the Riviera Theater and had been converted to serve as part of the bakery), and structures along US 1 which the record indicates were restaurant uses. In addition, the Tiger -Tiger Tea House was located at the corner of US 1 and Red Road (this site had formerly been a gas station). This northernmost portion of the property was not included in the very first plans submitted for the Bakery Centre PD -MT Development, but later was incorporated into the application for which a development order was approved by the City in 1982. The southwest comer where Eckerd Drugs is located is not part of the subject property and is not part of this application. BAKERY CENTRE PROPERTY: OFFICIAL MAP 5 On October 25, 1982, the City Commission voted to approve a Planned Development -Mixed Use -Rapid Transit Oriented (PD -MT) Development within the City of South Miami. The PD -MT was adopted in conjunction with a Development of Regional Impact (DRI) pursuant to Chapter 380 of the Florida Statutes. The final development order is the City Commission adopted Resolution No. 65 -82 -4065 (Attachment 3). The approved PD -MT included two high -rise office towers, a mall, a multi -story hotel, public open space, landscaped rooftops and a eight -story parking garage (see submitted rendering on the following page). 1982 APPROVED PD -MT DEVELOPMENT ROOF PLAN (SHEET NO. 4 R): HOLSUM PROPERTY SOUTH MIAMI, FLORIDA l e' :r', .f e� I i ROOF LEVEL 'I sc1ur r•ee -v i On January 18, 1989, the City Commission adopted the current Comprehensive Plan which designated the northern portion of the property as MO (Medium - Intensity Office) and designated the southern portion as SR (Specialty Retail/ Residential) to correspond with the layout of the approved PD -MT Development. 1989 COMPREHENSIVE PLAN FUTURE LAND USE MAP EXCERPT: r' ¢ •' • . . C1_ .err .• -r'' '. 41�1 ..{ ... • 1 U PER ........ . 1 U1 . — - 1 LLJ 1 m - 1 Q -- 1 � 1 1 1 i 1 1 LU. j Q 1 FIGURE 1.9 500 0 CITY OF SOUTH MIAMI FUTURE LAND USE MAP On January 18,1989 the City Commission of the City of South Miami, Florida adopted this Future L and Use Map for transmission tothe Florida Department of Conununity Affairs pursuant to Rule 9 J -5, FAC. SINGLE FAMILY (2 stories) TOWNHOUSE (2 stories) DpC�X77C�'�7�7�-�� • �• •• "'• " " F�'S1115151�11r1 SPFCIAI TY AFTAII /RFCIf1GAtriei a ....,.:,..., + + + +++ TWO F MI_Y/TOWNHOUSE (2 stories) ® HOSPITAL/OFFICE (4 stones) LOW DENSITY MULTIPLE (,26ton'es) GENERAL RETAIL (2 stories) MEDIUM DENSITY MULTIPLE (4 stones) ® NEIGHBORHOOD RETAIL (2 stones) RESIDENTIAL OFFICE (2 stones) '::.: AUTO SERVICES/OFFICE SPECIAL REDEVELOPMENT (2 stones) LOW INTENSITY OFFICE (2 stories) PUBLIC AND SEMI PUBUC (4 stones) r ® MEDIUM INTENSITY OFFICE (4 stones) ':, ,;�. PARKS AND OPEN SPACE rr� ........ . 1 U1 . — - 1 LLJ 1 m - 1 Q -- 1 � 1 1 1 i 1 1 LU. j Q 1 FIGURE 1.9 500 0 CITY OF SOUTH MIAMI FUTURE LAND USE MAP On January 18,1989 the City Commission of the City of South Miami, Florida adopted this Future L and Use Map for transmission tothe Florida Department of Conununity Affairs pursuant to Rule 9 J -5, FAC. SINGLE FAMILY (2 stories) TOWNHOUSE (2 stories) DpC�X77C�'�7�7�-�� • �• •• "'• " " F�'S1115151�11r1 SPFCIAI TY AFTAII /RFCIf1GAtriei a ....,.:,..., + + + +++ TWO F MI_Y/TOWNHOUSE (2 stories) ® HOSPITAL/OFFICE (4 stones) LOW DENSITY MULTIPLE (,26ton'es) GENERAL RETAIL (2 stories) MEDIUM DENSITY MULTIPLE (4 stones) ® NEIGHBORHOOD RETAIL (2 stones) RESIDENTIAL OFFICE (2 stones) '::.: AUTO SERVICES/OFFICE SPECIAL REDEVELOPMENT (2 stones) LOW INTENSITY OFFICE (2 stories) PUBLIC AND SEMI PUBUC (4 stones) r ® MEDIUM INTENSITY OFFICE (4 stones) ':, ,;�. PARKS AND OPEN SPACE n On October 17; 1989, the City Commission extended the build -out date two years and 11 months (as permitted by Florida Statutes) from October 25, 1989, (original approval) to September 17, 1992, via Resolution No. 65- 82 -4065A (Attachment 4). At this time the original developer, Martin Z. Margulies, had been succeeded by Flagler Federal Savings & Loan Association due to foreclosure on the property. Flagler Federal subsequently failed and was closed by the FDIC. This failure was due, in part, to losses sustained by the S & L as a result of the foreclosure action on the Bakery Centre property. The property and Flagler Federal is currently held in receivership by the Resolution Trust Corporation. On October 26, 1989, the City Commission voted to approve the Land Development Code, replacing the 1971 Zoning Code. The LDC utilizes the same designations as the Comprehensive Plan; additionally, the Official Zoning Map designates the property as PUD -M to reflect the title change within this new document for the already approved, existing PD -MT. The designation of PUD -M is considered to be an overlay zoning designation where the underlying zoning would be "MO" (Medium- Intensity Office) and "SR" (Specialty Retail/Residential) to correspond with the Comprehensive Plan land use designations. 1989 LAND DEVELOPMENT CODE OFFICIAL ZONING MAP EXCERPT: LEGEND RS -1 Estate Residential RS-2 Semi- Estate Residential RS -3 Low Density Residential RS -4 Single Family Residential RT -B Townhouse Residential RT -9 Two Family /Townhouse RM -18Low Density Multi- Family Rh!- 24Medlum Density Multi- Family RO Residential Office LO Low - Intensity Office MO Medium- intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail I Intensive Use H Hospital PI Public /Institutional PR Parks and Recreation PUD Planned Unit Development OFFICIAL ZONING MAP 12 i c li I'e 4 On December 8, 1992, the City Commission denied a second request for an extension of the PUD Agreement by two more years via Resolution No. 137 -92 -9342 (Attachment 5). This request was submitted by the Resolution Trust Corporation, successor to Flagler Federal Savings & Loan Association. On December 15, 1992, the City Commission via Resolution No. 138 -92 -9344 directed Administration to prepare an amendment to the Comprehensive Plan in order to redesignate the northern portion of this property from MO (Medium Intensity Office) to SR (Specialty Retail/Residential) in order that the property would be consistent with the surrounding land uses and be internally consistent (Attachment 6). On June 8, 1993, the City Commission transmitted this amendment to the Comprehensive Plan to the Department of Community Affairs for their review via Resolution No. 98 -93 -9337 (Attachment 7). The process of redesignation was held due to litigation actions by the Resolution Trust Corporation to reverse the City Commission's decision on December 8, 1992, to deny further extension of the PUD Agreement. On September 7, 1994, the City Commission did adopt Ordinance No. 11 -94 -1560 which designated the northern portion of the property SR (Specialty Retail /Residential) on the Future Land Use Map contained in the City's Comprehensive Plan (Attachment 8). A corresponding zoning change to re -zone this northern portion to the SR zoning designation was approved at second reading before the City Commission on December 6, 1994 (Attachment 9). GRAPHIC FROM AMENDMENT 93 -1 TO COMPREHENSIVE PLAN: 0 - . ...........:............:...::. XEM ............. ............. ............. ............ ED 130 im .............. ........... .................. IR00\\ Map 1 Proposed Land Use Designation 10 During the process of redesignating the northern portion of this property, the City of South Miami participated in a public process referred to as a charrette. Citizens, merchants, land owners and community leaders where invited to a series of workshops to develop a plan for the future of the downtown area of the City. The Bakery Centre property is located within this planning area. The results of this process, dubbed the Hometown Charrette by participants, is the Hometown Plan which was recorded by the firm of Dover, Kohl & Partners. On October 19, 1993, the City Commission adopted the Hometown District Overlay Ordinance which embodies the goals and designs as set forth in the Hometown Plan. This ordinance creates an overlay zoning district with special economic incentives and design guidelines for the revitalization of the existing downtown area in the City of South Miami. Therefore, as a result of these actions, the Bakery Centre property currently is designated by two separate zoning designations: 1. SR (Specialty Retail/Residential), 2. HD (Hometown District). The Hometown District Overlay Ordinance specifically states that in the case of conflict with other portions of the Land Development Code, the Hometown District prevails. On November 18, 1994, the City Commission adopted Ordinance No. 19 -94 -1569 in order to create a new Section 20- 7.51, entitled Special Exception, which provides for a process to waive strict compliance with the Hometown District Overlay Ordinance. Section 20 -7.51 is adopted as a part of Section 20 -7 of the Land Development Code (Section 20 -7 codifies the Hometown District Overlay Ordinance). The application for the redevelopment of the Bakery Centre presented before the Planning Board tonight is submitted pursuant to the newly adopted Section 20 -7.51 Special Exception provisions. 11 ANALYSIS: A summary of the components of the redevelopment as proposed by Sunset Red Ltd. is presented below with a summary of the existing portions of the development order that have already been constructed and a summary of the total construction contained in the PD -MT Development Order as approved in 1982. BAKERY CENTRE REDEVELOPMENT Commercial Retail Space (4 stories) 612,484 sq ft (including approximately 80,000 sq ft of theatre space) Restaurant Space 47,000 sq ft Townhouses 40,500 sq ft Total Approved Area 699,984 sq ft Area of Parking Garage 580,615 sq ft TOTAL CONSTRUCTION 1,28 ,599 sq ft Parking Garage (6 stories plus roofdeck) 1698 spaces Proposed Seating in Theater Use 4600 seats F.A.R. (parking garage area not included) 1.59 EXISTING DEVELOPMENT Commercial Space (3 stories) 245,000 sq ft Area of Parking Garage 261,000 sq ft TOTAL CONSTRUCTION 506,000 sq ft Parking Garage (5 stories) 751 spaces Surface Parking 403 spaces TOTAL PARKING 1,154 spaces Existing Seating in Theater Use 1400 seats F.A.R. (parking garage area not included) 0.89 1982 PD -MT DEVELOPMENT Office Space (two 24 story office towers) 504,000 sq ft Commercial Space 300,000 sq ft Mall 70,000 sq ft Gallery 20,000 sq ft Service & Miscellaneous 40,000 sq ft Hotel (300 rooms) 250,000 sq ft Total Approved Area 1,184,000 sq ft Area of Parking Garage 1,162,000 sq ft TOTAL CONSTRUCTION 2,346,000 sq ft 1 ;0 Parking Garage (8 stories) 3,000 spaces F.A.R. (parking garage area not included) 2.86 ATTACHMENT 1 ORDINANCE NO. 19 -94 -1569 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII OF THE LAND DEVELOPMENT CODE BY PROVIDING FOR A SPECIAL EXCEPTION PROCESS FOR DEVELOPMENT WITHIN THE HOMETOWN DISTRICT WHICH DOES NOT STRICTLY COMPLY WITH THE TERMS AND PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE; PROVIDING FOR STANDARDS AND PROCEDURES FOR SUCH SPECIAL EXCEPTIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1992 and 1993 the City of South Miami through a joint effort, including an extensive design and analysis process, which involved the City government, property owners, residents, homeowners, merchants, consultants, committees, and South Miami Hometown, Inc., determined a desired future for the City's downtown district; and, WHEREAS, the City Commission has adopted development regulations known as the Hometown District Overlay Ordinance to foster that desired future for the downtown area; and WHEREAS, that Ordinance contains detailed criteria for development of land within the district covered by the regulations; and WHEREAS, the City Commission recognizes that there may be from time to time acceptable alternative design proposals for given sites which are not in strict compliance with some provisions of the Hometown District regulations; and WHEREAS, the City Commission is desirous of providing a public hearings mechanism for considering such design proposals, and for granting relief, if deemed appropriate, from the strict application of the district regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY C SSION OF THE CITY OF SOUTH MIRK r FLORIDA: Section 1. That Article VII of the Land Development Code is hereby amended to add the following sections: 20 -7.51 SPECIAL EXCEPTION.- A. The City Commission may by special exception waive strict compliance with the provisions of the Hometown District Overlay Ordinance. In granting a special exception, the City Commission must find by substantial competent evidence that: 92 1. The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. 2. The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. 3. The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. 4. The proposed development shall be designed in a manner that provides for effective management of. traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. 5. The proposed development does not expand the permitted uses within the Hometown District. 6. The proposed development will not have an unfavorable effect on the economy of the City of South Miami. 7. The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. B. The City Commission, in granting any special exception, may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve and promote the intent of the Hometown District Overlay Ordinance. C. Special exceptions, if granted, shall be valid only for the specific design shown in the plans and exhibits submitted as part of the special exception application, as provided in Section 20 -7.52 of the Land Development Code. All deviations from the requirements of the Hometown District Overlay Ordinance incorporated within and reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and exhibits by the City Commission shall constitute approval of the non -use deviations identified on the site plan and exhibits unless the City Commission approves a motion to the contrary. No further individual ✓ rhi or separate application for deviations approved by the City Commission shall be required. If the applicant wishes to make material changes to the design subsequent to receiving a special exception, the applicant must apply for a new special exception following the procedure set forth herein. D. Special exceptions, if granted, shall be valid if development, as defined in Section 380.04, Florida Statutes, commences within 24 months from the date of final approval and is substantially completed within 5 years from the date of issuance of the first building permit. The time for substantial completion may be extended by the City Commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. 20 -7.52 PROCEDURE FOR SPECIAL EXCEPTION. A. Special exceptions under this Ordinance may be granted only after a minimum of two public hearings. The first public hearing shall be before the Planning Board, at which time the Planning Board shall review the project and provide to the City Commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second public hearing shall be held before the City Commission and shall be held no sooner than seven calendar days following the Planning Board hearing. Public notice requirements as specified in Section 20- 5.5(C) and (G), Applications Requiring.Public Hearings, shall be followed. B. Requests for special exceptions under this Ordinance shall be in a form acceptable to the City Manager and shall include each exhibit required per Section 20- 7.3(B), Application for Development Permit, and per Section 20 -7.4, Site Plan Requirements. In addition, the City Commission at its discretion may require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits. C. The City Manager shall have authority to require additional review and approval by the Environmental Review and Preservation Board for developments involving special exception, which review shall follow the procedure set forth in Section 20 -5.11 of the Land Development Code. D. The City Commission may grant a special exception upon four (4) affirmative votes of its members. �1 1 Section 2. If any section, clause, sentence, or phrase of 2 this ordinance is for any reason held invalid or unconstitutional 3 by a court of competent jurisdiction, the holding shall not affect 4 the validity of the remaining portions of this ordinance. 5 Section 3. All ordinances or parts of ordinances in 6 conflict with the provisions of this ordinance are hereby repealed. 7 Section 4. This ordinance shall take effect diately at 8 the time of its passage. 9 PASSED AND ADOPTED this 1st day of November , 19.94. t 10 APPROVED: ' 11 12 MAYOR 13 ATTEST: 15 CITY CLERK ,.y..'.j... 16 . r.<...... YEA READ i AND-APPROVED AS TO FORM: A--NAY — � ; FA _ 17 � 18 CITY ATTORNEY 19 hometown.ora 4 ATTACHMENT 2 IN Final Graft 1210 t Ordinance No. - 9 -93 -1545 AN ORDINANCE CREATING A NEW ARTICLE. ARTICLE VII OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI. ESTABLISHING A HOMETOWN DISTRICT OVERLAY DISTRICT. PROVIDING FOR INTENT. CONFLICT. PROCEDURES. SITE PLAN REQUIREMENTS. DEFINITIONS. PARKING REQUIREMENTS, REGULATING PLAN, BASIC STANDARDS. PRE - APPROVED ARCHITECTURAL STANDARDS. STREET STANDARDS. STREET AND ALLEY DEDICATIONS: PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. WHEREAS, A joint effort which included the City government, property owners. residents, homeowners, merchants, consultants, committees, and South Miami Hometown, Inc., was undertaken in 1992 and 1993 to determine a desired future for the City's downtown district: and That effort included an extensive design and analysis process. and incorporated an urban design charrette in November 1992 in which many individuals and groups participated; and A document entitled the 'Hometown Plan' was produced summarizing the desired physical outcome and proposed strategies for implementation; and The 'Hometown Plan' accepted in principle by the City Commission via Resolution 14 -93 -9358, recommends that modifications to the City's Land Development Code must be made; and The Commission now wishes to implement the recommendations; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: Section 1. That the Land Development Code of the City of South Miami be, and hereby is, amended to add a new Article VII, as follows: ARTICLE VII, HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.1 TITLE. This Article shall be known as the "Hometown District Overlay Ordinance" (HD). 20 -7.2 INTENT, APPLICABILITY, AND BOUNDARIES A. Intent. These land development regulations reinforce South Miami's Comprehensive Plan by establishing new standards for development as an overlay to existing development regulations within the boundaries of the Hometown District. These new regulations intend to invigorate the economic and social vitality of South �fiatm's "main street' business center. distinct from Dadeland -type malls and West Kendall -type strip development, by the following actions: L Enhance South Miami s community identity and sense of place through the design and placement of buildings and streets to create a distinct "hometown" town center. '_. Reduce commuter traffic demand on streets .within the Hometown District to permit wider sidewalks and reduced traffic noise° velocity, and air pollution. 3. Use buildings, arcades. trees° and modifications to street widths, curbs and sidewalks to create a shaded, interesting and safe environment that works for pedestrians as well as for cars. 4. Emphasize the use of incentives such as reduced parking requirements and expedited permit processing to achieve a balance of retail. service. office, and residential uses characteristic of healthy town centers. 5. Implement a parking code that treats parking as an element of public infrastructure in an urban center (instead of a private matter in a ;trip center) and that recognizes the shared parking benefits of vertically mixed development and the opportunities of an enhanced Metrorad connection. 6. Establish a development review process that is timely and predictable and that requires no discretionary review of projects that conform to the specifications provided in these new standards. B. Applicability. The requirements of this Article shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provisions of this Article shall control. C. Boundaries. The boundaries of the HD shall be as delineated on the HD Regulating Plan. as amended from time to time. 20 -7.3 REVIEW PROCEDURE A. Pre - Application Conference. All applicants filing an Application for a Development Permit (ADP) within the Hometown District shall first attend a meeting with the Director of Building, Zoning and Community Development or other designated official (Director) to discuss and analyze the proposed application in a non - binding forum. B. Application for Development Permit. The contents of an ADP shall be as provided in Chapter 20 of the Code, except that all such application shall include the following items: 1. Application Form: completed, signed, and notarized. 2. Surveys: Two signed and sealed surveys, showing existing structures, boundaries, rights of way and easements of record. 3. Fee: Assessed per fee schedule at time application is filed. 4. Site Plan: Three copies of the Site Plan (see Site Plan Requirements) 5. Building Elevation Drawings: Three copies of the drawings. Building Elevations may be schematic in nature, but shall be drawn to scale, be properly dimensioned, and shall indicate proposed building materials and exterior surfaces and finishes. All drawings shall demonstrate treatment of required elements. C. Completeness. ADP shall be reviewed for completeness per Section 20 -5.4 of the Code. D. Review. A complete ADP shall be reviewed by the Director. If the ADP is determined to be in conformance with the Hometown District Standards, the application shall be processed for approval pursuant to the applicable provisions of the Code and the Development Permit issued by the Director 2 without further review b% the Planning Board, ERPB or the City Commission. E. ADP Not Conforming to HD Standards. If the ADP includes a use that requires approval as a Special Use, or if the ADP does not conform to the Hometown District Standards (other than nonconformance with the Architectural Standards), the application shall be processed as provided in Sections 20 -5.5 through 5.9, as appropriate. F. ADP Not Conforming to HD Architectural Standards. ADPs not conforming to the .- \rchitecturai Standards shall be reviewed by the ERPB pursuant to the Site Plan Review process established in Section 20- 5.11 of the Code. G. Established Nonconforming Uses. The provisions of Sections 20- 3.3(B) and 20-4.8 shall apply to established nonconforming uses within the HD boundaries. 20 -7.4 SITE PLAN REQL`IREMENTS The site plan shall indicate the footprint of the building(s), building entrances, locations of porches, balconies, colonnades and arcades, driveways or parking surfaces, the locations for fences or garden walls, and landscaping (landscaping plan may be aseparate drawing). All landscaping shall conform to the landscaping requirements pursuant to Section 20 -4.5, City of South Miami Land Development Code. The site plan shall also contain the following information: A. The names of the owner of the property, architect, landscape architect, engineer, and developer or contractor; B. The north arrow, scale, and date; C. Legal description of the site, plus folio number and address if available; D. Location sketch and type of street classification; E. Site boundaries clearly identified and dimensioned; F. Existing features (trees, water, structures) including topography; G. All rights -of -way, dedications, easements, property lines, existing streets, buildings, and other existing physical features in or adjoining the project; H. The location and dimensions of build -to and setback lines; I. The location, dimensions and character of construction of proposed curb cuts, building entrances and exits, loading areas (including numbers of parking and loading spaces), outdoor lighting systems; J. Locations of and dimensions of all proposed buildings, excavations. and structures to lot lines and to each other; K. The location and dimension of all pedestrian walkways and sidewalks; L. Sewer and water feeds indicating location and sizing; and M. The following computations: (a) total acreage; (b) number of dwelling units & density, and retail and office use square footages; (c) total lot coverage; (d) total open yard space; (e) number of parking spaces; (f) percentage of built lot frontage. N. Existing and proposed location of all utility lines both above and below ground. 20 -7.5 DEFINITIONS Terms used throughout this Ordinance shall take their commonly accepted meaning unless otherwise defined in the Code. When there are conflicts between the Code and this Ordinance, this Ordinance shall control terms requiring interpretation specific to this Ordinance as follows: ACCESSWAY: A street or driveway which traverses a parcel providing access to an abutting street. alley, or other vehicular use area. ADP: Application for Development Permit: An application for any building permit. zoning permit. subdivision approvai. rezoning, certification. special exception. variance or any other official action of the City having the effect of permitting land development. ALLEY: A 20' -24' wide way providing access to the rear of lots and buildings. ARCADE / COLONNADE: A covered. open -air walkway at standard sidewalk level attached to or integral with the building frontage: structure overhead is supported architecturally by columns or arches along the sidewalk: required to extend beyond the Build -To Line. These standards permit encroachment by habitable spaces on upper floors over any arcade along a City street, or elsewhere if approved by the entity controlling the right -of -way. BUILDING DEPTH: The absolute distance between the outer wall surface of the building frontage and the outer wail surface of the rear wall of the building. BUILDING FRONTAGE: The side of a building which faces the primary street. BUILD -TO LINE: An alignment established a certain distance from the property line, along which the building shall be built. Front porches and handicap ramps shall be exempt from build -to line requirements. and must occur behind the property line. CLEAR ZONE: In the corners created by the intersection of two streets, the area outside of an established radius which shall be kept clear of obstructions to emergency vehicles. A smaller Corner Curb Radius may occur within a Clear Zone. CORNER CURB RADIUS: The radius of the curved street edging at intersections. Radii shall not exceed the appropriate maximum prescribed in the Street Standards. CONTRIBUTIVE BUILDINGS: Buildings officially identified on the Regulating Plan for their architectural merit, historic significance. or effectiveness at creating quality public spaces. these properties are to receive special consideration for parking and are subject to Section 20 -5.19 of the Code. ERPB: The Environmental Review & Preservation Board, an appointed board of the City of South Miami. EXPRESSION LINE: An exterior cornice or molding delineating the division between the first story and the second story. FENCE LINE: The alignment along which fences, walls, or hedg- !s shall be located. FRONT PORCH: An un- airconditioned roofed structure. at the _round floor level or first floor level, attached to the front of a building, open except for railings and support columns. GROUND FLOOR AREA: The area on the ground occupied by a building, excluding arcades and colonnades. HISTORIC BUILDING: A building that has been designated by the City of South Miami per the Historic Preservation portion of the Environmental Review and Preservation Board regulations. LOT FRONTAGE: The property line adjacent to the primary street right- of -way. LOT COVERAGE: The percentage of the cross area of a liven lot which contains buildings. Outbuildings do not count toward Lot Coverage. OPEN YARD SPACE: The portion(s) of a lot free of buildings or impervious surfaces. OUTBUILDING: A separate building detached from the primary building on a lot. PARKING SURFACE: An area designated for parking constructed with any of the following surfaces: turf block, gravel, brick, pavers, asphalt, or concrete. STOOP: A small platform or staircase leading to the entrance of a house or building. A stoop may occur forward of the Build -to Line only when the stoop does not restrict free movement of pedestrians along sidewalks. STORY: The horizontal division of a building. between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of 14' maximum, e.g. a 1 -floor cinema 22' tall shall be considered a two -story building. 20 -7.6 PARKING A. Hometown District Parking Committee. Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the District. The five City Commissioners and four private citizens shall serve as the Hometown District Parking Committee charged with oversight of the supply, convenience, safety, and management of parking. The four private citizens shall be appointed to two (2) year terms by the Mayor with the advice and consent of the City Commission and shall include one or more landowner(s) and one or more tenant(s) from the District and one or more resident(s) of South Miami. The Director of Building, Zoning and Community Development shall serve as the executive secretary to this Committee. The Committee shall report to the City Commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the City Commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of Trust Fund monies. The Mayor shall appoint the chairman of the Committee. A quorum shall be five members and an affirmative vote of a majority of the members present shall be required to pass upon any matter the Committee recommends. B. Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20-4.4 (B) of the Code are provided: 1. On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than I F shall count as a full space. 2. Where arcades are optional. buildings with arcades shall receive an additional 5% reduction in the required number of spaces. 3. In addition to the above, one of the following may apply: a. 2 -story buildings shall receive a 15% reduction in the required number of spaces. b. Buildings of two or more stories with uses from two of the three use categories provided herein under "Permitted Uses," each use constimtinz no less than 30% of the cross rloor area. shall receive a 30% reduction in the required number of spaces. C. Buildings of three or more stories with uses from each of the three use categories provided herein, each use constituting no less than 25% gross floor area, shall receive a 45 17c reduction in the required number of spaces. C. Procedure. I. The required number of spaces shall first be calculated pursuant to Section 20-7.12 for each permitted use. The appropriate reduction in parking spaces shall then be calculated as provided in Section 20 -7.613 above. If the reduction calculated includes a fraction less than a whole number, the reduction calculated shall be rounded up and subtracted from the required (unadjusted) number of spaces to determine the adjusted parking requirement. 2. The difference between the number of spaces provided, including on street parking, and the number of spaces required shall then be determined. If there are fewer spaces provided than required. the applicant must pay into the Parking Infrastructure Trust Fund a fee, as determined from time to time by the Parking Comrittee, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastructure to increase parking capacity or to enhance use of existing parking capacity. 3. Historic or Contributive Buildings are exempt from all parking requirements. 4. Any changes in use in a building will require a re- calculation in the required parking pursuant to B above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the Parking Committee, must be paid into the Parking Infrastructure Trust Fund If fewer spaces are required no refunds will be paid A 6 J a� N p=i 6si is 01 iii N Z ® Y Na gj a G ti eoe z Jl, Q; t� � a n O N W3 z t� 0A 1 a E� z ODE VIE" 4 STORIES A4 PERMITTED USES MAXIMUM PERMITTED USES - 2 STORIES ALA PERMITTED USES I MINIMUM BUILD -TO LINE eDa vau 4 STORIES pERMffT® USES MAXIMUM i PER4ITTED USES PER IITTED USES NcN 4mslDETRIAL USED BUILD -TO LINE sue vleee -7 4 STORIES RESIDENTIAL MAXIMUM J FiE5oEmnAL RESIDQ-0nAL ALL PERMITTED I BUILD -TO LINE POR266' YRJLn•STORT t°l7RCFl -4 ARCADES, I BALt:ON1E8 ARE PER91TTED 1. PORCHIM BALCONIM Potdte xdmd odour suoawad of the Boild.To tale Babxm may oaalemr betoad Um Build. To Lam and ae m aladredn Um bdkWAo a s. L ARCADES / COLONNADES: De* - B' min. f cm Build.To Lam to mtaw mkffmam kicot- tOnlim elm notachdkg sign and othw tunas Endood aea shall be pmtlmd Wmw dm code / Wkxnade, Awmng am atataeaged m Um nm*ibaimool but am not wddaed aada or mioamdea 3.IDIIG T_ ThtsedMbeenbeiIgltt Jim atsw meapam of*um mwihfootptm d kaa Um 125 scp fad. HeW t of aeWiWmp - 22' maxima In Pam of the Humco s them tha haw aldstwR NR or RO mtmg, beipbt mmssm IWmted to 2 stain or 2S atmu� I - 7 L H -MaGHT CL USES SIDE VIEUF 4 STORIES ALL PESMITTED USES I MAXIMUM xS �p Y ALLPEsimirmD USES cd - 2 STORIES MINIMUM ALL PEF391TTED USES N (G ya O � NCIN- RESIDENTIAL 1 �5ES 1 BUILD -TO LINE J a� N p=i 6si is 01 iii N Z ® Y Na gj a G ti eoe z Jl, Q; t� � a n O N W3 z t� 0A 1 a E� z ODE VIE" 4 STORIES A4 PERMITTED USES MAXIMUM PERMITTED USES - 2 STORIES ALA PERMITTED USES I MINIMUM BUILD -TO LINE eDa vau 4 STORIES pERMffT® USES MAXIMUM i PER4ITTED USES PER IITTED USES NcN 4mslDETRIAL USED BUILD -TO LINE sue vleee -7 4 STORIES RESIDENTIAL MAXIMUM J FiE5oEmnAL RESIDQ-0nAL ALL PERMITTED I BUILD -TO LINE POR266' YRJLn•STORT t°l7RCFl -4 ARCADES, I BALt:ON1E8 ARE PER91TTED 1. PORCHIM BALCONIM Potdte xdmd odour suoawad of the Boild.To tale Babxm may oaalemr betoad Um Build. To Lam and ae m aladredn Um bdkWAo a s. L ARCADES / COLONNADES: De* - B' min. f cm Build.To Lam to mtaw mkffmam kicot- tOnlim elm notachdkg sign and othw tunas Endood aea shall be pmtlmd Wmw dm code / Wkxnade, Awmng am atataeaged m Um nm*ibaimool but am not wddaed aada or mioamdea 3.IDIIG T_ ThtsedMbeenbeiIgltt Jim atsw meapam of*um mwihfootptm d kaa Um 125 scp fad. HeW t of aeWiWmp - 22' maxima In Pam of the Humco s them tha haw aldstwR NR or RO mtmg, beipbt mmssm IWmted to 2 stain or 2S atmu� I - 7 v �a iV w � u ppp GA W$ r0�j q� Zd co � a wd P4.9 ® Iz P,®. N f4 Id o f~sl a z 01 � F o $--a A N p tit! :Jti.ilL —. 17NG'I AND 'r"HEUR v .rAC'_7FytM1T r' MONT - --I - ,— ADJArENT PROF -e '\ PIeDPERTS --J 0 94 I.111Y ARCADE WDTM LatE r tmiw. e�./J _ rp LWE r ! ii I j 1 • Building Fronage = 1007 of Lot Frontage along Build-to Unc. CIIILD/d6. 1i , t aims w LoT i• nWNTAGE 1i fWN Lot Coverage = 60% maximum. I =0.000 SF maximum per budding. • Open Yard Space : 5% nun. - wwu m U :\rcade: Required. R i I °t 8 • Arcade Depth = ' mm. lu' g • Arcade Clear Heteht = 10' min ARCADE, 1, • Arcade length = IUU7o of Building CIL 0 Qlt.owG �� ` w Frontage. ` FdecTtnAGa '1 Build -to Linelsl Locations: - L---i' r • lot dimensions. the reguiaung 1CB" Mtl�W�+le� V. - LOT DEI TF'4 '4&F plan `�" °� CURB � P:•orersry L4e R eutt.o- TO•La/E Drive- thm(s) not permitted. SIDE STREET - •.e+vAWEO 5"40 Ldte =rT= ADJACET/T PI•pPERR• -,0 poebir PR' or T—r _ - r•L -tt• rT�.yr�mga A •c- - - - - - � • Building Fronraee = 100% of Lot Fmnrnge along kfwld -to Line. aim Ma., IMS OP rJLO�E , ' Pot 0 • Lot Coverage . 60% maximum. Open err maximum per pudding. •Open Yard Space: 3% to. W y Either Arcade or Awning: Required w e ARCADE. a • Awning Clem Height - T -6• min. • Arcade Depth - 8' mm. Arc ad Clear Height . 0 min. ww%ci, BWLDIN AtcadorAwnmg Length. 100 % of Building Frontage. Ouild•to Linesl Locations: • For to lots. see the regulating cCLtr•d•.. w ti . Lro OT dAr-4 ��pD►�jJ TyA 4 plan tot dimensions. FRc" G�aGD Cmlm� Pr•OrnlRy LME r M6040•L!! Drive- thn(s) not permitted. SIDE STREET t<i•Mr �` w- `.ADJAGM Pd•OrERT< ' • Building Frontage a 80.10 % of LelPwir To Lee � alaos+ Op LOT vs ro Imps _ _ _ _ -.- _ - Y • lot fyt•g• ahng build-to Line. • Lot Covaaga . 60% maximum, 0.000 SF maximum per budding. e Open Yard Spam - 3% our, PPWWAGa Either Made or Awning: Required. IJI • R, rot AgfJplt MOTH W • AwdttgCkat Heigh a 7'-6' mm. Arcade Depth . While. • Arcade Clear Height ■ 19 min. at i pf • Arcade or Awning Length a 100% ¢ o„r , O of Building Ftonnge n r 1 Ieea"aPa" ! W BuiWro Liners) Locations. tions. etsLDauo a•atrACe • For specific lots. we the Ong 9 plan fordimtastons. }"L+�itaiDerftr'1 P Dave thru(s) shall be allowed if FFRGMM CUM oji ®_/ PVWPV V Lae r is M TO•Lae enuonm and exits occur at pre. approved curb isms, and them am no SIDE STREET mom data two (2) drive -thin Lutes �J�1r MCWMM ,o • Building Fronmeo . 75 -100% or !- Lot Frontage along Build-10 Late. d1a0 -f0 Lra - -=-- -1 ""�'t V°�• 70 •r. P n� • 1- Cv—ge s ]0% maxmnrmL 20.000 SF maximum per building _ _ , .-�' - - - 7 t y= matt r r , i X m ERTy LM j iC t W • �n Yard Space .10% min. • EiduerFromPorcMeslaStoopsl: Rid• for Stoop, do k Sts • Faint Poch a t ujj i -- - - - - @ � Y�t� •Front Porch a St r stop Length min. 25% of But ding Frontage. penmtteu. eY C • Drive• bro(sl am not • N I , W 70 Pr. F 0L IV To sot Pr 'l W d Build -to Une(sl Locadoro: For spathe Sts. see the regulating Man for dimeninanit. Build-10 Lt. for coma stns I we typically closer to the Property line than for mid-)lock lots. L.- �' =1°n• r ` ._ _. "1 'Arcades may be included in lieu of �puld.ro n rrpet Potch(esY, arcades shad( follow Naar my Lee Lee a•� R (of Downtown sucas. 91DE STREET_' ® Buildings 1111111111 be positioned on their sites within the area designated with hutch lira above. Ground 1700f area shat( not exceed 20.000 square feet in a single building. 1. OUTBUILDINGS: Outbuilding may contain an accessory apartment. Area of accessory apartments • 625 S.C. maix. Outbuildings (if any) shall be located in at leas one rear lot coma arm► shall be placed 0 feet from the property fiat:. If my one outbuilding is located on a comer lot. it shall be located on the rear coma of the lot clause to the aide shat Additional outbuildings may be built along alleys or rear property lines ptoridcd outbuildings occupy the two comers firsL 2. (3Jfi)RIF nDDI71ONS E t.3 Ire DINGS. All future addmons to existing buildings and buildings originally built to this code shall be corwrated within the buildable area designated by this code. Outbuildings need not be consuacted at the same ume as the primary stnmme. 3. DRAINAOG / .47ORM R not =-- All drainage water shall be continedd to the property from which it ofiginaum Overhangs intruding into the public right-of-way shah be guttered and drainage shall be deposited on use away from the public tight -of -way. Urivcways and walkways shall be conswcted in itch a way as to not allow drusa g• to enter the public right-of-way. Drainage age waters shall include, but not limited to- raja water from hose% and water from —niacm 8 O rz L� I R N S to toy � N Z F 14 4 VA � GO N z r t� O t7 9p r01 O l � N f 0 z 0 r� d f� I C. REQUIRED EL,Ev EN TS .QONT _ADJAcENr PR pERTTr\ PROPERTY 1.24 / EUIL TO LwE b- ( - - - - - - - - - - - m 1 NTF•pTMETiCAL ;y PT + } J 14T [CAL I J1 i AllDGAbES I_ , -- C - - - - u U REHCES, �' J W W ALLD. �J OR NEDOE9 U I+OT4E rICAL RINT ' IGARA I E PROPERTY LINE / - IL D•TO -LME SIDE STREET OUILD•TO LffL' -,— ADJACENT PROPERTY'ti lRTr LaQ• I N1'POTNeTICAI. � } WT I ICAL C. ARCAi! 1 OR AaN1r01- W 'I Uu o- I FENCED. •l W WALLS. u7 1 LL OR "IFECes ai I w J I J MTPOTKTICAL NT IIt `II FOOTPRMT ! L 1 I PRDPIRt r LINE / BUILD- TO"La1a SIDE STREET- FRONT � —ADJAceNr rRop IQrr" % PROPIRrT Wul TO Lye � rOOTPR7vT } W n AACACM OR AUFANG _._._..._._._._._ J " W iL1 WALLS. ry CAR 1EDGl9 a m W J NTPORreTICAN, POOTTRIK PROPERTY LINE / CIU1LD -10 -Lois SIDE STREET O_ A JACZW PROPER" --, O1laJ3 -70 LIE I J I I C I F eRTY L ERT PROP' am I S FOOT w I "'T N W 1 Q 1 N PORCH WALL& OR Neoaes } OR J OR OTOOP FOOTPRINT NT C t 1 PROPIRtT LIM eULD -TO LM i SIDE 5, Er Required elements are indicated with batch lines above. Fences, Garden Walls and Hedges are also permitted in other locations of each lot. 1. FENCES- WALLS & HEMF4: Front@ Side.' Fences or Garden Walls are required on all un -built from and side property lines which abut streets. Height shall be 30". 36". Rear., Fences, Garden Walls, or Hedges are required on un -built rear Mlines and along allm. Height shall be 3' - S'. Shrubs for hedges shah be at least 2' till at time of planting and spaced at a maximum of 40' on center. Where budding wails am situated a distance of 4' 6' or less from a property line running parallel to the wall: fences. gsMea walls, or hedges are not required. Openings for Pedesmiam: 6 wide maximum. Openings for Vehicle Access: 9' minimum to 24' wide maximum. Fences, Garden Wells and Hedges shall be minimum 30% opaque. Fences (whole or in part) made of cham4ink or wire are prohibited alone all property lines which abut sulets or atim 9 f� a h � W rA kw ~ N � E N ►® 1! F4 h $a n Oa � Cl b 7 E.t V p 'tvi � Fd O t� z t0) Ti N � a t� fl. � 31?MTIi W �ARKUNG i 10 LNrO LNE LPE WILD. ro !! Ir IJJI if I V U W 9 ►�. Op ry i. II s Li+OlC�rC b Era am Jl .AMUW. t I GM WALL I ! rr. L.Lwec.�PE I'*OPlRI'r LP!! I CUILD•TO•LNE SIDE STREET •ro LNE -- •o�ACaKT PIVOMRrv"`% ERT' LT! ' P I I I � � � w w e ul I r L�r Tmem OenLPJ/ " t � Mel_ WA1 J I i Q 1 L ! A. L.MGACMC SIDE STREET PMAW noaeRrr Lt! /lUa.G \__+wAc a PIAm'! n__% yy j TO r.Pi w � t o h . tsLDa.ArALL. UM WALL a LMOOCIPE - +xealy LP. / CUILD•TO•LN -SIDE STREET tiaDaACaTr �rerv�'•� ' � I OUII,D•PO LPt r ' � } { FIleN► FlAOP• 'n ERICLN i V w 6MOPCJP[ r� I DLDa�AtALL r ROPUR" LPe OU LD•TO LM SIDE STREET ® The hstchW areas in the drawings above indicate ahcre onsite Pocking may occur on typical lots 1. PARKING PROVISIONS: Puking may oeear bnuecet, in garages and on Parking surfaces, bun shop not obstnxl alleys Wltcro these is no outbuilding, there shall be a landscaped area of S' minimum width between Parking surfaces and property fines; cxcePUons may be granted for rear Property lines front dkvcways to rear Pocking aras arc permitted only where rear ar side steel W== is Uravadobk. Curb cut locations are Pumittef only where designated on the Regulating Plan. Lots that have both rear and side access snag use the rear access. Cumdw drives are prohibited except for civic buildings 10 20 -7.12 PER`1ITTED USES The uses below are applicable to both new and existing buildings in the Hometown District: USE TYPE: Unadltlsted Parking Requirements: 1 parking space required per: A. Storefront Uses Antique or Curio Shop 300 SF Bakery 300 SF Bank or Savings Institution 300 SF Beauty or Barber Shop 300 SF Bicvcle Sales & Services 300 SF Book or Stationery Store 300 SF Bus. Machine Sales & Services 300 SF Bus. Transit or Taxi Terminal 400 SF Camera & Photo Supply Store 300 SF Carpeting or Flooring Sales 300 SF Clothing or Apparel Store (new only) 300 SF Computer Supplies & Services 300 SF Confectionery or Ice Cream Parlor 150 SF Consumer Electronics or Music Store 300 SF Cosmetics Store 300 SF Dairy Products Store 150 SF Day Care Center 250 SF Deli 150 SF Department or Dry Goods Store 400 SF Drinking Place 100 SF Drug, Pharmacy or Sundry Store 300 SF Dry Cleaning Substation (no processing) 300 SF Fabric or Drapery Shop 300 SF Film Processing, Retail 300 SF Florist 300 SF Fraternal Organization or Private Club 100 SF Gift. Novelty or Souvenir Shop 300 SF Grocery Store 150 SF Hardware Store 300 SF Hobby, Toy or Game Shop 300 SF Home Fumimre or Furnishings Store 300 SF Household Appliance Store 300 SF Inter. Decorator. Showroom/Salesroom 250 SF Jewelry Store 300 SF Laundromat 300 SF Lighting Fixtures Store 300 SF Liquor Store 300 SF Luggage or Leather Goods Store 300 SF Mail & Parcel Center 250 SF Messenger or Courier Services 300 SF Museum. Library or Art Gallery 400 SF Newsstand 300 SF Office Supplies 300 SF Opticians or Optical Goods. Showroom 200 SF Paint. Glass & Wallpaper Store 300 SF Pet Sales or Grooming Services 300 SF Photographic Studio 300 SF Physical Fitness Facility 300 SF Picture Framing Store 300 SF Poultry. Meat or Seafood Market 300 SF Restaurant. General or Walk Up, 100 SF Restaurant. Small* 400 SF Sewing(Needlework/Piece Goods Store 300 SF School 400 SF Shoe Repair Shop 300 SF Shoe Store 300 SF Sporting Goods Store 300 SF Tailor or Seamstress 300 SF Theater or Cinema 4 seats Tobacco Shop 300 SF Used Merchandise Store: Antiques 300 SF Used Merchandise Store: Consignmem- 300 SF Variety Store 300 SF Videotape Rental Store 300 SF Watch and Clock Sales & Repair 300 SF B. Office Uses Accounting tit Auditing_ Services _:0 SF Advertising Agency 2:0 SF Architectural Services _:0 SF Building Cuntractors Office _:0 SF Chiropractic Office or Clinic 200 SF Counseling Services _50 SF Credit Reporting Services _50 SF Dentist Office _00 SF Dry Cleaning Plant~ 300 SF Employment Agency 250 SF Engineering Services 2_50 SF Governmental Administration 250 SF Insurance Agency 250 SF Interior Designer. Office only 250 SF Investigative Services 250 SF Investment & Tax Counseling 250 SF Laboratory: Medical or Dental 200 SF Law Office 250 SF Loan or Finance Agency 250 SF Market Research Services 250 SF Massage Therapist 200 SF Medical Office 200 SF Notary Public 250 SF Office. Business or Professional 250 SF Opticians or Optical Goods. Office only 200 SF Personal Skills instruction Studio 250 SF Planning & Zoning Consultant 250 SF Public Relations Services 250 SF Radio & TV Broadcasting Station 100 SF Real Estate Agency 250 SF Reproduction and Stenographic Services 300 SF Social Services Agency 250 SF Stock Brokerage Services 250 SF Telephone Answering Services 300 SF Tutorial Services 300 SF Travel Agency 250 SF (SF refers to gross square feet) C. Residential & Lodging Uses Dwelling. Townhouse Dwelling. Multi- Family (Efficiency) Dwelling. Multi- Family (I+ bedrooms) Hotel Community Residential Home Adult Congreg. Living Facility" Convaiescent Home Un- adjusted Parking Requirements: 2 spaces per dwelling unit** 1.5 spates per dwelling unit- 2 spaces per dwelling unit** I space per room + 2 additionai 2 spaces per dwelling unit 2 spaces per dwelling unit I space per 500 SF •° plus 1 additional parking space required for every i0 units. * Uses marked with an asterisk require a Special Use permit with City Commission Approval. All other uses are permitted of right. Outdoor dining is permitted of right in special pre - approved areas (see Regulating Plan). In addition to the uses above, monumental Civic Building uses are encouraged in the Hometown District and in particular for certain strategically located sites. Civic Building uses shall include, for example: City, County, state, or federal buildings, including library, post office. meeting hall, administrative offices, performance place, police substation. and similar uses. D. Planned Unit Developments shall not he permitted in the Hometown District. 1 � 12 l� 13 20 -7.13 REGULATING PLAN -- INTENT. The Regulating Plan graphic is a site- specific component of the Land Development Regulations for the Hometown District. For each lot. information is designated such as: the location and dimensions of Build -to Lines. locations where arcades over the sidewalk are required, and representative locations where arcades are permitted but optional: locations for alleys or rear accessways, and curb cuts, locations where outdoor dining is pre- approved: and locations of special areas and Contributive Buildings. 20 -7.14 REGULATING PLAN -- SPECIAL AREAS. Because of the irregular geometry of a few lots caused by the intersection of US 1 with other streets in the Hometown District. and other lot - configuration constraints. certain properties may not be required to meet all of the provisions in the Basic Standards but may be subject to customized regulatory conditions instead, at the discretion of the Director of Building. Zoning and Community Development. The customized regulatory conditions for each of the Special Areas are as follows: A. Special Area #1: Maximum Lot Coverage and minimum Open Yard Space requirements are waived for properties in this area. Building Frontage requirements shall be observed for property lines facing both Red Road and US 1. Design is subject to ERPB approval. B. Special Area #2: Maximum Lot Coverage and minimum Open Yard Space requirements are waived for properties in this area. Buildings shall have two front sides, meeting storefront design requirements. Building Frontage requirements shall be observed for all frontages including US 1. SW 58th Avenue, and SW 71st Street. Design is subject to ERPB approval. C. Special Area #3: A gasoline/service station is a permitted use in this area, subject to ERPB approval of the specific design. For any other use. Building Frontage requirements shall be observed for property lines facing both US 1 and SW 73rd Street. 20 -7.15 ARCHITECTURAL STANDARDS —INTENT. The Architectural Standards are pre- approved and are intended to provide a degree of predictability about the quality of building designs and to promote harmony among buildings without requiring an appearance before and approval by a review board for every project. Applicants with projects - , hich conform to these standards may obtain approval from the Departmental staff without appearing before ERPB. Appearance before ERPB remains an optional route. Every permissible option is not described herein: other options may be approved by ERPB. Wherever these Architectural Standards may conflict with the City of South Miami Land Development Code, these Architectural Standards shad apply for properties within the Hometown District. The lists of permitted materials and configurations come from study of traditional buildings found in South Florida and have been selected for their appropriateness to the visual environment and climate. 14 A primary goal of the Architectural Standards is authenticity. The Standards encourage construction which is straightforward and functional. and which draws its ornament and variety from the traditional assembly of genuine materials. The Standards generally discourage 'imitation' materials, such as simulated wood. to avoid a tacky image for the neighborhood. 20 -7.16 ARCHITECTURAL STANDARDS -- GENERAL REQUIREMENTS: All construction must comply with The South Florida Building Code, the latest edition, as amended and adopted by the Dade County Florida Board of County Commissioners and any and all revisions made subsequent to that date. The following shall be located in rear yards or sidevards not facing side streets: Window and Wall Air Conditioners Air Conditioning Compressors Irrigation and pool pumps The following shall be located in the rear yards only: Clotheslines, Clothes Drying Yards Utility Meters Antennas and Satellite Dishes Barbecues Swimming Pools and Tubs No materials shall be used that attempt to fake the appearance of some other material. The following are prohibited: Inoperable Shutters or Undersized Shutters or Plastic Shutters "Ribbon Windows" or Horizontal Stripes of Glass Reflective and/or Bronze -tint Glass Plastic or PVC Roof Tiles Backlit Awnings Glossy -finish Awnings Styrofoam Moldings below the second floor level Chain link, barbed wire, or wire mesh fences Drawings submitted as part of an ADP shall be signed and sealed by an architect registered in the State of Florida. 20 -7.17 ARCHITECTURAL STANDARDS -- LANDSCAPING: All new landscaping shall conform to Section 20 -4.5, Landscaping Requirements, of the City of South Miami Land Development Code. In addition, ail new landscaping must incorporate the following xeriscape principles. Only drip irrigation shall be used for trees, shrubs, and plants. Sod shall be irrigated with moisture sensitive controls. Systems using timers are not allowed. 20 -7.18 ARCHITECTURAL STANDARDS -- SIGNAGE & LIGHTING The number, size, character, location and orientation of proposed signs and lighting shall be as necessary to ensure the safety of vehicular and pedestrian traffic. The regulations affecting the design, erection, maintenance, and permitting of signs are established in Section 20 -4.3, Sign Regulations, and Section 20- 5.16, Sign Permit Approvals, of the City of South Miami Land Development 00 15 20 -7.19 ARCHITECTURAL STANDARDS - BUILDING WALLS A. Materials Concrete Masonry Units with Stucco (C.B.S.) Reinforced Concrete with Stucco Wood, painted or natural (cyprus & cedar preferred Architectural Finish or Precast Concrete (Sandblasted) B. Configurations Concrete Masonry Units with Stucco (C.B.S.) Stucco: with smooth or light texture Wood: Channel Rustic T' to the weather Lap Horizontal 5" to the weather Shiplap Horizontal 4 " to the weather Board and Bead C. General Requirements An expression line shall delineate the division between the first story and the second story. An expression line shall either be a cornice or molding extending a minimum of 2 inches, or a change in the surface plane of the building wall greater than 2 inches. 20 -7.20 ARCHITECTURAL STANDARDS -- GARDEN , WALLS & FENCES: A. Materials Concrete. Masonry Units with Stucco (C.B.S.) Reinforced Concrete with Stucco Wood, painted or natural (cyprus & cedar preferred) Wrought Iron Anodized Aluminum Coral (limestone) Coquina Architectural Finish Concrete or Precast Concrete (Sandblasted) B. Configurations Concrete Masonry Units with Stucco (C.B.S.) Stucco: with smooth or light texture to match . building walls Wood: • Picket Fences: minimum 30% opaque, wl comer pow - Other. to match building walls Wrought Iron or Aluminum: Vertical, 518" minimum dimension, 4" to 6" spacing Coral or Coquina: vertical or battered; Architectural Finish Concrete to match building wails C. General Requirements Fences, Garden Walls and Hedges shall be minimum 30% opaque. Height along front and side property lines: 30" to 36" Height along rear property lines: 36" to 60" 20 -7.21 ARCHITECTURAL STANDARDS -- ARCHES, COLUMNS. PIERS. & PORCHES: A. Materials Arches: Concrete Masonry Units with Stucco (C.B.S.) Reinforced Concrete with Stucco Columns: Wood, painted or natural (cyprus & cedar preferred) Cast Iron Anodized Aluminum Steel Concrete w/ architectural finish, to match building walls Piers: Concrete Masonry Units with Stucco (C.B.S.) Reinforced Concrete with Stucco Porches (railings, balustrades): Wood, painted or natural (cyprus & cedar preferred) Wrought Iron Anodized Aluminum Steel B. Configurations Arches: • Semi- circular or segmental, within walls or carried on piers only Columns: Round, 4" minimum outer diameter Square, 4" minimum Classical Orders Piers: 16" width or depth Porches: Railings 1 1/2" minimum diameter Balustrades 4" minimum spacing C. General Requirements Arcades & Colonnades: minimum 8' in depth between the face of the building and the inside face of the columns supporting the structure above Porches: minimum 6' in depth Column and Pier spacing: Columns shall be spaced no closer than they are tall, no farther apart than 1.68 x column height. 20 -7.22 ARCHITECTURAL STANDARDS -- ROOFS & GUTTERS: A. Materials Roofs: Metal: Galvanized Copper Aluminum Zinc -Alum Shingles: Asphalt. Metal, or Fiberglass Tiles: Clay, including Terra Cotta Concrete Gutters: Copper Painted or Vinyl Clad Aluminum Painted Galvanized Steel B. Configurations Roofs: Metal: Standing Seam. 24" maximum spacing Shingles: Square, Rectangular, Fishscale, or Shield Tiles: Barrel, Spanish, French, or Flat Gutters: Rectangular section Square section Half -round section C. General Requirements All runoff will be captured by gutters and routed with enclosed downspouts to an approved drainage area. Downspouts are to match gutters in material and finish. Any machinery as defined in Section 20 -3.6Q of the Code shall be screened from view using either one of the screening systems pre- approved by ERPB and pre- approved by the City Commission, or a system specifically approved by ERPB for applicant's project. Permitted Roof Types: hipped, gabled, shed, barrel vaulted & domed. Flat roofs are permitted only where used as outdoor useable space. 20 -7.23 ARCHITECTURAL STANDARDS -- WINDOWS, SKYLIGHTS, & DOORS: A. Materials Windows & Skylights: Wood Aluminum Copper Steel Vinyl Clad Wood is Doors: Wood, soiid or with ;O7c maximum glass coverage \Metal, solid or with 50`_c maximum glass coverage B. Configurations Windows: Rectana_uiar Square Round (18" maximum outer diameter) Window Operations: Casement Single- and Double -Hung Industrial Jalousie (wood slats oniv, on rear porches only Awning or Hopper Fixed Frame (36 square feet maximum( Skylights: Flat to the pitch of the roof Door Operations: Casement Sliding (rear only C. General Requirements Rectaneular windows shall have vertical orientation. The following accessories are permitted: Operable Wood Shutters (standard or Bahama types) Wooden Window Boxes Real Muttons and Mullions Fabric Awnings (no backlighting: no glossy - finish fabrics) The ground -floor building frontage shall have storefront windows covering no less than 25% of the ground -floor building frontage wall area. Storefronts shall remain unshuttered at night and shall utilize transparent glazing material, and shall provide view of interior spaces lit from within. Where Building frontages exceed 50 feet, doors or entrances with public access shall be provided at intervals averaging no greater than 25 feet. 20 -7.24 ARCHITECTURAL STANDARDS -- COLORS: The Color Palette list, maintained in the Department of Building, Zoning and Community Development. identifies exterior paint/finish colors that are pre - approved for buildings in the Hometown District. Other colors may also be permissible with approval by ERPB. Departmental staff shall maintain a color chip chart or display illustrating the range of pre- approved colors. Sherwin - Williams standara paint numbers are used on the Color Palette list for reference, but any manufacturers paint is acceptable if similar in color. This list reflects the community's desires to encourage a range of colors for visual variety, to encourage light colors for energy savings, and colors appropriate for the subtrooicai environment. The following requirements appiv: A. Applicants may choose up to four colors for a single I'X. 19 building (one or two Body colors. one or two Trim colors, and one Accent color: these may be the same or different). B. Bodv colors are intended for building walls, garden wails and other primary building elements, and shall be used for no less than 70% of the painted surface area of any one floor of the building. Recommended but nor required use of nvo shades or Body color -- one above and one below an expression line benveen the first and second floors. C. Trim colors are intended for door frames, storefront elements, windows and window frames, railings, shutters, ornament, fences and similar features. Trim colors shall be used for no more than 30% of the painted surface area of the building. Recommended but not required Trim colors usually appear best in a lighter shade titan the Body color. D. The Accent color is used to highlight special features such as doors, shutters, gates, ornament, or storefront elements. The Accent color shall be used for no more than 25% of the painted surface of the building. (The Color Palette list shall be established by the Commission after ERPH recommendation.) J�L 20 -7.25 ARCHITECTURAL STANDARDS - CONFIGURATIONS. GARDEN WALLS. & FENCES: GARDEN WALLS & FENCES: I'hc diagrams below illustrate possible configurations of garden walls and fences. Thcy arc not intended to prescribe any Particular style. Hcight: Front & Side 30" to 36" .Opacity minimum: 30% Rear 36" to 60" Concrete with stucco Coml/Rock Wrought Iron or aluminum (with hedge to meet Opacity requirement) Concrete, stucco, & wood Wood Concrete, stucco, & wrought iron 21 20 -7.26 STREET STANDARDS A. Intent. The Street Standards graphics establish certain dimensions and details for the streets within the Hometown District. Each time a street is constructed or reconstructed, these Standards shall be the basis for the design and engineering. The intent is to create streets which appropriately serve the needs of pedestrians, cyclists and motorists. rather than motorists alone. The design requirements for a given street depend on its location and function, as indicated on the map below. These Standards are devised to: I . Discourage high -speed car traffic and encourage drivers to be alert (through parallel parking, correct travel -lane width, and suitable radii at comets); 2. Establish safe crossings for pedestrians (for example, through suitable turning radii at intersections); 3. Maintain appropriate passage for emergency vehicles and occasional moving vans (through'ciear zones' at comers, to allow smaller curb radii but admit larger vehicles when required); 4. Establish safe sidewalks where pedestrians have minimum conflict with moving cars (by regulating curb cuts and by locating parking and trees between sidewalks and travel lanes); 5. Maintain shade and an agreeable appearance (through orderly spacing of full -size canopy trees); 6. Minimize the heat buildup and to limit impervious area (through minimized asphalt areas and through regular placement of canopy trees); 7. Efficiently provide parking (through parallel spaces onstreet). B. Landscaping & Utilities: All plant materials shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part L 1963 and Part II, State of Florida. Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass areas shall be planted in species normally grown as permanent lawns. Grass areas must be sodded. All new landscaping must incorporate the xeriscape principles provided in Section 20 -7.17. Existing healthy plant material may remain and be incorporated into future streetscape projects. Tree requirements: Trees within the public right of way shall be spaced evenly 20 to 30 feet apart, except near street intersections where they may be spaced closer together. Trees shall be of the species that will normally grow to a minimum height of twenty (20) feet with a mature crown spread of twenty (20) feet or greater in Dade County and have trunks which can be maintained with over seven (7) feet of clear trunk. Required trees shall have a minimum diameter at breast height of four (4) inches and be not less than twelve (12) feet in overall height at the time of planting. Selected tree species shall be from the list of Native Trees in Section 20 -4.5,(B),(3) of the City of South Miami Land Development Code. Palms may be used as street trees in front of buildings which have arcades or colonnades. Approv4 species include: Royal, Washingtonian, and Sable Palmetto. In addition. clusters of Paurotis, Alexander, or Maearthur are permitted for accent at mid -block and street comer locations only. Utilities: All electrical power utilities, cable television and telephone lines shall run underground. 22 l�- 20- 7.26(C) Street Standards Graphic. District Boundary and Map of Street Types .,.J®UlV llJ'L' IR. i. LND LV1 A2, (UD' � d..`5.:..:.`:i .... ..�u�..�.. 1 X 23 V MAIN STREZ71'3 Right of Wav width = tdO ft. Curb Radius . 15 ft, Clear Zone Radius - 2S ft. Tree Spacing = 12 ft. (aligned with each parking space division line) .Vcadc required except for contributive butidincs. Typical Street Section for Sunset Drive and Red Road: • 2 Travel Lanes I i ft. wide. One =Whng In CZCn direction. * I Center Lane 10 ft. used primarily as a turn lane: on Sunset If. it May also be Used as a WC5t-bOUnG travel lane near the U S I intersection. • 2 Puailci Puking La=. S ft. wide, on each side of street. • Sidewalks may vary in width, but shall be maximized. • Arcades shall be a nummum of 8 ft. wide between the face of the building and the Inside face of the columns. 0 There shall be a nutumam of Ill in. between the curb and the outside face of the columns. EXAWLL SUNSET DRIVE (00' R.O.W.) 24 �a ]0- 7.IG(F.i .... Right of way .11th = TWO ft. Curb Radius = 25 It. Max. Clear Zone Radius = 25 R. Tree Spacing = 20 to 30 ft. spaced consistently Either arcade or awning required I I Typical Street Section within the public right -of -wave • n Travel Lanes 1 I ft. wide. 3 traveling in each direction. • 1 Center Lane 10 ft. used as a turn lane or landscaped median. • Sidewalks 4 ft. wide minimum. Between me itont property line and the Build -to Line: • 4 landscaped strip 6 ft. wide min. between the front property line and the drive aisle. • A drive aisle 23 R. wide • Diagonal parking IS ft. 6 inches between drive aisle and sidewalk, wparated by a 6 inch raised curb. • Sidewalks shall be 14 ft. • Arcade shall be a minimum of S ft. wide between the face of the budding and the inside face of the columns. with a minimum of IS i aches between the curb and the outside face of the columns. EXAMPLE: SOUTH H[ )<DMIE HUG H WA1Y BUILD—TO LINE LIP ;rye 3 �%N r : z 06 G l i 25 � :0- 7..6(6) D OWN TOW1,,T MEETS Right of war wtdthf aW. S0. and 45 ft. I'I Curb Radius • i 5 ft. Clear Zone Radius • 25 ft. 'Rae Sparing . 2::0 4411. Either arcane or swilling regwmd. Typicai Street section for Ed Corley Drive 160 fL righlof•wav t: • 2 Travel fates 10 ft. wide, one traveling to each direction 2 Parallel Parking lanes, a ft. wide. on each side I seen. • Sidewalks 12 lit wide. • Arcades stall be a numtnum of d ft, wide between the face of the bulidina and the triad, face of de colwnnz • There shall be a transitions of Is inches between rte curb and the outade fan of the arena, rotutnns for car doors. Topic" Street Seetioh for So fL.rightof way: • 2 Travel Lam 10 R. wide. ore traveling in each dimmon • 2 Parallel Parking Lsnes, d ft. wide, on each slot of sheet. • Sklewallra 7 R. minimum. Typltal Sttaet Sefton for IS R rlghtd wim • 2 Travel larva 10 R. wide. am traveling in each threeaon • I Parallel Parking 1&ee. A R wWa. an am side of sonar. • Sidewdka 6 4 RUtkiH M •A3hIandarap,d taWtetsta�w Wa"dowWkand thesn,a Woton the side Of the sheet with no national, EXAMPLE: ED CORL ELY DRIVE (tea R.®.W.) BUILD—TO LINE / LINE %� ��/7, V { •,,, r /ice. M r %/ ry/ r M1 26 ]U '.I6t Gl AL ' "TREE 7- 'dlght of Wav widths =ono. and 50 ft.e^ 1 Curb Radius= 10 0. '_:car Zone Radius = 25 ft. Tree Spaanq = 22 to 30 ft. (aligned with each -arkine space division) 1 Typical Street Section 60 ft. right- of -wov: • 2 Travel Li _s 10 ft. Wide. one traveling in each direction • 2 Parallel P=*Kme lanes. 8 ft. wide, on each side of street. • Sidewalks 5 f:. •.vide. • 7 R. wide ,:ss strip w/ trees between parkine lane and sidewalk. for 3 ^. •.vide bike lane and 4 ft. wide grass strip) Typical Street Section for 50 ft. right-of-way. • 2 Travel Lanes t0 ft. Wide, one traveling in each direction • 2 Parallel Parking Lanes, 8 ft. wide, on each side of street. s Sidewalks 4 ft. wide. • 3 R. wide gm stnp w/ trees between parking lane and - sidewalk. EXAMPLE: BUILD —TO BUILD —TO LINE LINE J� C� /lY.J61 .Jd f i 7' 1 8' i loll lo' 1 8' p 7' Y to 0 JW JW L7 M Y a ? >¢ >¢ ? a > u >< QJ C W 4 a W o ,o a %m/ jj j 27 20 -7.27 GREENS. The Regulating Plan shows two areas as 'greens ". These properties may at some time become public open spaces through purchase or gift. Until such time as public ownership is established, the properties may be developed consistam with the provisions of this Hometown District Overlay Ordinance. 20 -7.28 DEDICATION OF STREETS AND ALLEYS. (a) The Regulating Plan establishes location for new streets and alleys in certain parts of the Hometown District. These streets and alleys are intended to provide pedestrian and vehicular access for residents, clients, customers, and visitors, as well as service and public safety access to the building that will be constructed along these streets. The dedication of these streets and alleys is necessary to achieve the previously described intent of this Hometown District Overlay Ordinance, to invigorate the economic and social vitality of South Miami's main street business center. (b) When new development is proposed along a street and/or alley shown on the Regulating Plan, the right of way for the street and alley along the subject parcel must be dedicated to the City of South Miami for public access. (c) In a limited number of instances the Regulating Plan shows streets and alleys penetrating existing buildings. Dedication of these streets and alleys for public access is requited only when the site is redeveloped at ground level along 50% or more of the street or alley frontage within the applicant's proper'ty. Section 2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this ordinance shall become and be a part of the Code of the City of South Miami, Florida The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section, "article ", or other appropriate word. Section 4. The provisions of this ordinance shall become effective immediately. Xrk PASSED AND ADOPTED: This i '/I day of i�Z� ' .1993. APPROVED: Mayor ATTEST: City Clerk Read and Approved as to form: City Attorney Ia 28 ATTACHMENT 3 RESOLUTION NO. 65 -82 -4065 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA ACTING UNDER THE AUTHORITY OF ARTICLE XVI OF THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI AND SECTION 330.06, FLORIDA STATUTES APPROV- ING AND GRANTING A SPECIAL USE PERMIT AND A DEVELOP- MENT ORDER FOR APPLICATION NO. 82 -8 TO CONSTRUCT A PLANNED DEVELOPMENT -MIXED USE -RAPID TRANSIT ORIENTED (PD -MT) DEVELOPMENT WITHIN THE CITY; MAKING THE FINDINGS OF FACT SUPPORTING ITS DECISION THAT THE APPLICANT, BY THE GREATER WEIGHT OF COMPETENT EVI- DENCE, HAS MET THE STANDARDS SET OUT IN ARTICLE XVI OF THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA FOR SUCH PLANNED DEVELOPMENTS AND MAK- ING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW RE- QUIRED BY SECTION 380.06 F.S.IN THAT THE DEVELOPMENT IS ONE OF REGIONAL IMPACT; SETTING CONDITIONS AND SAFE- GUARDS TO THE APPROVAL; DIRECTING THAT CHANGES BE MADE ON THE OFFICIAL ZONING MAP TO REFLECT THE APPROVAL OF APPLICATION NO. 82 -8; STATING THAT THIS RESOLUTION HAS BEEN ADOPTED BY A VOTE OF NOT LESS THAN FOUR MEMBERS OF THE CITY COMMISSION AS REQUIRED; AND SETTING AN EFFEC- TIVE DATE. WHEREAS, on May 18, 1982, the City Commission of South Miami, Florida, did repeal Section 8 -10 of the Official Zoning Ordinance of the City of South Miami and did adopt in place thereof a new Article XVI of the Official Zoning Ordinance entitled "Planned Development," the same being Ordin- ance No. 18 -82 -1141 of the City of South Miami; and WHEREAS, Mr. Martin Z. Margulies, Holsum Real Estate Corpora- tion, the Houston Family Trust - 1973, Mrs. Harriette Angerman, and Charles L. Mund, and Anna Mund, his wife (herein the Applicant), have submitted an appli- cation for Special Use Permit for a planned development in accordance with and under the terms of Article XVI of the Official Zoning Ordinance of the City of South Miami; and WHEREAS, the application is for a Planned Development of a character, magnitude, and location which under the terms of Chapter 380, Florida Statutes, required a review and recommendation by the South Florida Regional Planning Council as a Development of Regional Impact; and WHEREAS, the South Florida Regional Planning Council, the City of South Miami, and the Applicant did follow and meet the requirements for review set out in Chapter 380, Florida Statutes, and particularly Section 380.06, Florida Statutes; and the South Florida Regional Planning Council did hold a Public Hearing on the proposed project on September 13, 1982, as required by law and did submit a recommendation of approval, subject. to certain conditions, to p.-O the City of South Miami; and -1- WHEREAS, the City did hire independent experts to assist in the review of, and provide expert advice on the traffic circulation, economic, and land use impacts of the proposed development; and WHEREAS, said independent experts did submit reports and recommendations to the City on their respective areas of expertise; and WHEREAS, the Director of Building, Zoning, and Community Development did incorporate the recommendwtiuns of said independent experts in his report; and WHEREAS, the Director of the South Miami Department of Building, Zoning, and Community Development did prepare and submit in writing to appropriate City Staff, Advisory Boards, and the City Commission on August 27, 1982, a written report reviewing the application and other applicable materials, and making a recommendation of approval, subject to certain conditions, as re- quired by Section 16- 6 -3(2) of the Official Zoning Ordinance of the City of South Miami; and WHEREAS, said Building, Zoning, and Community Development Report is incorporated herein, by reference, and is received as part of the evi- dence considered in making the following findings; and WHEREAS, on September 16, 1982, as required by Section 16- 6 -3(3) of the Official Zoning Ordinance of South Miami, the Environmental Review and Preservation Board of the City of South Miami did hold a Public Hear- ing on the application, with notice as required by law, did consider the prelim- inary development concept plan set out in the application, and did recommend appro- val of that preliminary development concept plan by a vote of 7/0; and WHEREAS, on September 28, 1982, as required by Section 16- 6 -3(4) of the Official Zoning Ordinance of South Miami, the Planning Board of the City of South Miami did hold a Public Hearing on the application, with notice as required by law, and did recommend to the City Commission of South Miami, by a vote of 5/2, the approval of the application subject to certain conditions, and the granting of Special Use Permit therefor; and WHEREAS, the City Commission has given Public Notice of Hearing on the application as required by Section 380.06, Florida Statutes, and Section 16- 6- 3(5)(a) of the Official Zoning Ordinance of the City of South Miami; and Ab WHEREAS, the City Commission held a Public Hearing on the. 25th day of October, 1982, as required by Section 380.06, Florida Statutes, and -2- Section 16- 6- 3(5)(b) of the Official Zoning Ordinance of the City of South Miami; and WHEREAS, the City Commission has carefully considered the review and recommendations of the South Florida Regional Planning Council, the Environmental Review and Preservation Board, the Planning Board, and the Report of the Director of the Department of Building, Zoning, and Community Development and has considered and weighed all competent evidence presented; and WHEREAS, all procedural requirements of the laws of the State of Florida and regulations of the City of South Miami have.been met; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY Of SOUTH MIAMI, FLORIDA: Section 1. Findings of Fact. That the City Commission, sitting in its quasi- judicial capacity, having held a Public Hearing, with notice as re- quired by law, and having considered and weighed all competent evidence and having heard all persons as required by law, and particularly Article XVI of the Official Zoning Ordinance of South Miami (hereafter Zoning Ordinance), makes the following written findings of fact based upon the greater weight of compe- tent evidence in the context of the general and specific standards and other requirements set out in Article XVI, Planned Development Regulations, of the Zoning Ordinance and Chapter 380., Florida Statutes; a. The foregoing recitations, commonly referred to as the "Whereas" clauses, are incorporated herein and adopted and are deemed to be true and correct. b. Application No. 82 -8 submitted by the Applicant is one for a Special Use Permit for construction of a Planned Development - Mixed Use -Rapid Transit Oriented (PD- MT)development as set out generally in Article XVI of the Zoning Ordinance and particularly Sections 16 -40 through 16 -45, and for a Development Order as set out in Section 380.06, Florida Statutes. C. The property covered by Said Application 82 -8.is legally described as follows: Parcel 1: Lots 1 through 5, inclusive; Lots 6 through 10, inclusive, less the East 20 feet; Lots 11 through 15, inclusive; Lot 16, less the East 35 feet and the South 20 feet; Lot 19, lying east of Lot 18, and Lot 18, less the South 20 feet; Lot 19, lying West of Lot 18, Lots 20 and 21, less the South 15 feet; and Lots 22 through 33,.`inclusive, all in Block 1, CARVER'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. 4L -3- Parcel 2: Lots 1 through 9, inclusive; Lots 10 through 13, inclusive, less the South 15 feet; and Lots 17 through 22, inclusive; all in Block 2, CARVER'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. Parcel 3: That certain parcel of land which formerly constituted Church Street (North Red Court) which is bounded on the East by the West boundary line of Lots 21 to 33, both inclusive, Block 1, CARVER'S SUBDIVISION, and bounded on the West by the East boundary line of Lots 1 to 10, both inclusive, Block 2, CARVER'S SUBDIVISION; on the South by the Northerly line of Sunset Drive: and on the North by the Southerly line of U.S. Highway #1, all according to the Plat thereof, recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. and Less the additional right -of -way of U.S. Highway #1 (S.R. #5) deeded to the State of Florida on deeds filed August 2, 1955 under Clerk's file Nos. EE- 120391 and EE- 120402. d. The application conforms to the requirements of Article XVI of the Official Zoning Ordinance of the City of South Miami, and particularly, though not limited thereby, to the requirements of Section 16 -6 -2 of the Official Zoning Ordinance, entitled: "Applications; Materials to be Submitted." e. The application meets the definitional requirements for "Planned Development" generally, as set out in Section 16 -2 -1 of the Zoning Ordinance, as more fully set forth in the Report of the Director of the Department of Building, Zoning, and Community Development of the City of South Miami (hereafter Director). f. The land area under the Applicant's unified control exceeds the minimum requirement for PD -MT development as required by Section 16 -43 of the Zoning Ordinance as more fully set forth in the Director's Report. g. The proposed project is consistent with the South Miami Compre- hensive Plan (adopted by the City Commission June 3, 1981), as required by Sections 16 -1, paragraph 1; 16=4, paragraph 1 16- 6 -3(2), paragraph 1; 16 -41, paragraph 1; and 16 -44 -5, para- graph 1 of the Zoning Ordinance, as more fully set forth in the Director's Report. h. The existing zoning of.the property on which the project is proposed to be constructed is Downtown Commercial District (C -2). Under Section 16 -3 of the Zoning Ordinance, the floor area ratio (FAR) of 3.25 may be constructed; the FAR of the Applicant is 2.845, The FAR proposed by the applicant is approximately .76 (or 321,315 sq. ft.) less than that which might otherwise be allowed as of right, as more fully set forth in the Director's Report. i. Under Section 16 -3 of the Zoning Ordinance, the Planned Develop- ment Regulations of the City of South Miami (Article XVI) are declared to govern where there are conflicts between such Planned Development Regulations and general City zoning, subdivision or other regulations and requirements, and the project as pro- posed serves public purpose to a degree at least equivalent to general City zoning subdivision or other regulations, as more fully set forth in the Director's Report. -4- j. The proposed Planned Development is so located with respect to rapid rail transit and other mass transit systems, arterial and collector streets, or other transportation facilities as to provide direct access to the proposed development without creating substantial or undue increases in traffic along minor streets in existing or prospective residential neighborhoods outside the development. Based on standard and acceptable expert traffic engineering projections, standards, and methods, the roadways and other improvements, to be installed by the Applicant at his sole cost,meet or exceed the standards set by Section 16 -4 -1 and 16 -44 -1 of the Zoning Ordinance as more fully set forth in the Director's Report. k. The provision of necessary public utilities, facilities, and services (sanitary sewers, water lines, storm and surface water drainage, other public utilities systems, and installations, streets, rapid rail transit and other public transit, parks, and the like)will not result in higher net public costs than would be the case if the property on which the proposed project is to be erected were to be developed as permitted under the presently existing zoning. The Applicant's assumption of the costs of original public installations are determined to be acceptable in this regard. (Section 16 -4 -2 of the Zoning Ordinance). I. The overall net tax return to the City upon construction of the Applicant's project will greatly exceed the costs of public faci- lities and services required to serve the project, as more fully set forth in the Director's Report. m. The site is physically suitable for the development proposed (Section 16 -4 -3, paragraph 1, of the Zoning Ordinance) as more fully set forth in the Director's Report. The siting of structures provides necessary protection against adverse relationships to properties in areas surrounding the proposed project. Arrangements have been made, to the maximum extent reasonably feasible, to eliminate or minimize such adverse impacts, and the project will be compatible and harmonious with other development in the area, and the heights proposed in various portions of the project will not unduly and adversely affect surrounding areas and uses. (Sections 16 -4 -3, paragraph 2, last clause; 16 -4 -8; 16 -44 -5 of the Zoning Ordinance), as more fully set forth in the Director's Report. Ingress and egress to the proposed Planned Development is adequate. This fact has been determined and measured by standard and acceptable expert traffic engineering projections, standards, and methods in relation to: (1) the safety and convenience of vehicles entering and leaving the site; (2) the safety and con- venience of pedestrian movement.in relation to vehicular and pedestrian traffic; (3) safe access of employees and visitors to, from, and within the site; (4) safe access to, from, and within the site in the event of fire, crime, or other emergency or catastrophe; (5) safe traffic flow and control generally; (6) an apnropriate relationship of automotive vehicular traffic flow to rapid rail transit and other forms of mass transportation; (7) the design and orientation of automotive and vehicular traffic movements so that such movements and flow will not substantially or unduly intrude on minor streets in residential neighborhoods; and (8) that generally, the safety and conven- ience of automotive traffic is maximized and the potential auto- motive- automotive conflicts and automotive- pedestrian conflicts are minimized as more fully set forth in the Director's Report. 174 p. Based on standard and acceptable expert traffic engineering projections, adequate provision has been made for offstreet parking and offstreet loading facilities for the mixed uses involved, to the end that residents, employees, and visitors to the site will not have to park on City streets or in non - Planned Development parking facilities, nor will the loading and unloading of goods and products to the site or pickup of goods and products from the site be done on public streets. The offstreet loading and offstreet parking arrangements are designed to facilitate pedestrian circulation and internal traffic flow and control and the arrangements of such facilities are adequate in the event of crime, fire, or other emergency or catastrophe. The arrangements for numbers and location of offstreet parking and offstreet loading spaces are determined to be satisfactory and to meet PD -MT requirements (Section 16 -4 -5 and 16 -44 -3 of the Zoning Ordinance), as more fully set forth in the Director's Report. q. The Applicant's proposals for signs and lighting of the proposed project as modified by the Director's Report, are determined to meet the requirements of Sections 16 -4 -7 and 16 -44 -4 of the Zoning Ordinance, as more fully set forth in the Director's Report. r. The applicant's proposals for the location and treatment of refuse and service areas are determined to meet the requirements of Section 16 -4 -6 of the Zoning Ordinance, as more fully set forth in the Director's Report. S. Special surveys, approvals, preliminary approvals, or reports, as required by Section 16- 6 -2(4) of the Zoning Ordinance have been secured and are on file with the Director. t. Proposed uses, both permitted and accessory, for the PD -MT development set out in the application meet the requirements of Section 16 -42 of the Zoning Ordinance as more fully set forth in the Director's Report. U. The application for a PD -MT development arranges the mixture of uses -- retail, hotel, and office -- in such a fashion that compatibility, security, and relationships among them meet the requirements of Section 16 -45 -1 of the Zoning Ordinance, as more fully set forth in the Director's Report. V. The internal arrangements provided by the Applicant for streets, drives, parking, and service areas meet the standards of access- ibility, security, convenience, and safety, as more fully set forth in the Director's Report. W. The arrangements of walkways within and surrounding the proposed PD -MT development meet the requirements for safety, convenience, creation of a pleasant pedestrian environment, accessibility, and security (Section 16 -45 -3 of the Zoning Ordinance), as more fully set forth in the Director's Report. X. The Applicant has met the intent of the Planned Development regu- lations generally (Section 16 -1 of the Zoning Ordinance) and the specific intent of the PD -MT District (Section 16 -40 of the Zoning Ordinance), as more fully set forth in the Director's Report. y. The Applicant's proposed covenant for perpetual operation and maintenance of open space and common facilities, that will be utilized by some or all of the occupants, employees, or visitors to the development, is adequate and gives effective assurances that such common open space and facilities will not in the future become a burden on the taxpayers of the City. The Applicant's proposed covenants are adequate to protect the City against future expense. (Sections 16- 6- 2(6)(7),Zoning Ordinance.) ss The Annual Report required from the developer under Section 380.06(14) (c)(3), Florida Statutes, shall be the Annual Report required by the rules of the State Land Planning agency. Such Report shall be submitted annually to the City and to other agencies required by law to receive it no later than twelve (12) months following the issurance of this Development Order, and each year by the same date thereafter until the construction of the project is completed. The requirement for this Report is herein set out because of the requirement of State Law and is in addition to any other reports required by the City in the conditions and safeguards which are contained in Section 4 of this Resolution. Section 4. Conditions and Safeguards. In its exercise of quasi - judicial authority, the City Commission is generally authorized under Florida Law, parti- cularly Section 380.06(13), and specifically authorized by Section 16- 6- 3(5)(c,d,e, &f) of the Zoning Ordinance to attach conditions and safeguards to a grant of Special Use Permit for a planned development. The following conditions and safeguards are hereby attached to and are made a part of the approval of Application No. 82 -8 for a Special Use Permit for construction of a PD -MT development and the grant of a Development Order under State law, therefor: a. The Applicant shall correct and revise the Application for Development Approval (ADA) and the Application for PD -MT Special Use Permit to reflect all site plan, recommended roadway, or other modifications approved as part of this Special Use Permit for planned development and shall consolidate all original and supplemental information submitted into the revised ADA and PD -MT applications, and shall submit the docu- ments to the City of South Miami, Dade - County Public Works Department, the South Florida Regional Planning Council-,, and the State land planning agency within 120 days from the date of issuance of the Development Order. b. The revised applications and all maps, plans, documents, covenants, agreements, stipulations, conditions, and safe- guards constituting the development plan as approved shall be marked and identified by the Director and shall be placed on file, as required by Section 16- 6- 3(5)(g) of the Zoning Or- dinance, in the Office of the City Clerk. These materials shall constitute the regulations for the development approved as Application No. 82 -8. Where there are conflicts between the application as submitted and revised, and these conditions and safeguards, these conditions and safeguards shall govern. Likewise, the Application for Development Approval and the revised Application 82 -8 for PD -MT Special Use Permit are in- corporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the represent - tions contained in the Application for Development Approval and PD -MT application is a condition for approval unless waived or modified by agreement among the Darties. �z (Section 4. Conditions and Safeguards. Cont.) C. ':there estimated dollar costs of improvements to be borne by the Applicant have been set out at time of approval, and the actual costs at time of construction of such improvements is greater than the dollar amounts specified, the Applicant shall bear such additional costs; and the City shall not be liable for such additional costs. d. The Applicant shall conform in the process of development to the stages and sub - stages as set out in the Applicant's document "Staging of Project" as further modified herein. The Commission finds that the stages and sub - stages as therein set out meet the requirements of Section 16- 6-3(5)(d) of the Zoning Ordinance and constitute a logical progression from start to completion of the project. e. This Development Order shall be recorded in the Public Records of Dade County, Florida. The Applicant shall bear all record- ing costs for any documents that are required to be recorded. f. Where public improvements are to be provided at the Applicant's expense, improvements required for each stage or sub -stage must be completed and a certificate of satisfactory construction of such improvements must be issued by the appropriate governmental agency(ies) before any Certificate of Occupancy for the stage or sub -stage involved is issued. To further insure that public improvements are constructed, the Applicant shall secure a construction bond (or irrevocable letter of credit from an institution having a net worth of a least $200 million dollars or a lesser amount acceptable to the City) prior to the issuance of a building permit for said stage or sub- stage. Such bond or bonds(or irrevocable letter of'credit)shall be in the amount of one hundred twenty -five percent (125 %) of the up -to -date estim- ated dollar cost for the public improvement or improvements. No such City bond shall be required for water improvements related to and necessary for the project. Required bonds(or irrevocable letters of credit) shall be executed in the manner normally required by the City in such matters. g. The Applicant shall establish and bear the cost of a Residential Traffic Infiltration Monitoring Program, Such a program shall commence not later than one month prior to the issuance of the first Certificate of Occupancy for the project and shall continue until recommendations for further roadway controls and /or.improve- ments necessitated to a significant degree by this project and based on standard engineering projections, methods, and procedures are made, or are found to be unnecessary, but no later than twelve (12) months after the issuance of the last certificate of occupancy for the project. The Applicant shall work with the City Manager and the Director in the formulation and oversight of this program. Any implementation of the recommendations resulting from this program, if any is found to be required, shall require a vote of a majority of the whole membership of the City Commission. The Applicant shall establish on -site parking policies and charges for such parking facilities. The objective to be reached is discouragement of all -day parking by Metrorail patrons, and to ensure that residents, visitors, and employees of the project will not park on City streets, or in non - project related parking facilities. Likewise, the Applicant shall extend the same park- ing price benefits provided to project tenants to all of the Red /Sunset area merchants and their customers. Such policies shall be subject to the approval of the City Manager, who may deligate this responsibility to the Director. ea -9- 21 io To the end that full traffic and pedestrian flow can be maintained on City right -of -ways during the course of construction, the Applicant will submit to and receive the approval of the Director of a traffic maintenance plan for the entire construction period prior to the issuance of any building permits. Such plan shall demonstrate that circulation can be maintained in relation to the various stages and sub- stages of the project. If traffic and pedestrian flow can not be maintained as proposed, then pro- ject staging shall be changed accordingly. j. No Certificate of Occupancy shall be issued for any completed stage or sub -stage until a directional signage plan for auto - motive vehicles and pedestrians, within and without the project, has been approved by the Director and such signs are in place. k. The Applicant shall obtain within one year of the approval of special permit for this PD -MT development, and the issuance of the Development Order therefor, Florida Department of Trans - portation and Dade County Department of Public Works approval for all roadway improvements identified in the application as State or County roadways, as the case may be. Further, the City will assist the Applicant in obtaining said approvals by indicated City support and reliance on the roadway improvements identified. 1. The Applicant shall establish the position of Traffic Coordinator as part of the administration and general operation of the project. It shall be the Coordinator's responsibility, working with the City, Dade County, and the Florida Department of Transportation to develop and work to implement Transportation Management System (TMS) policies. M. The Applicant shall complete construction of the following Stage 1 roadway improvements as further illustrated in Exhibits 26 and 27, Phase I and Phase. II Roadway Improvements dated 9/21/82, and the figure entitled Holsum Property Summary Intersection Improvements dated 9/27/82, prior to the issuance of any Stage 1 Certificate of Occupancy. - Improve intersection of U.S. 1 and S.W. 57 Ave. - Widen S.W. 57 Ave. to 4 lanes from U.S. 1 to south of S.W. 72 St. - Signalize S.W. 57 Ave. at San Remo. - Improve intersection of S.W. 57 Ave. and S.W. 72 St. - Widen and restripe S.W. 72 St. from S.W. 57 Ave. to S.-W. 58 Ave. - Improve intersection of S.W. 58 Ave. and S.W. 72 St. - Restripe S.W. 58 Ave. from S.W. 72 St. to S.W. 71 St. to 3 lanes. - Widen S.W. 58 Ave. from S.W. 71 St. to U.S.. 1 to 4 lanes. - Improve intersection of S.W. 58 Ave. and U.S. 1. - Construct the project driveway on U.S. 1 to maximize roadway safety and minimize interference with on- coming traffic. Further, the City will not issue any such Certificates of Occupancy until such improvements are complete. n. The City shall evaluate, in collaboration.with the County and the State, alternative methods of funding signalization at the inter- section of U.S. 1 and S.W. 73 St., restriping S.W. 62 Ave. and S.W. 70 St. and the recommended improvements to the intersections of S.W. 72 St. with S.W. 62 Ave. and U.S. 1; and prepare a specific funding plan to be submitted to the Council, the County MPO and department of Public Works, and FDOT for review and approval within one year of the date of the Development Order. Further- more, the funding plan should explore alternative financing for, -10- and timing of, signalization at the intersection of S.W. 58 Ave. and S.W. 73 St., including funding participation from other project developers in the area. o. The Applicant will assist the City and pay up to $4,700 of the cost of establishing an equitable program of onstreet parking prohibitions, and establishment of replacement parking leading to eventual elimination of certain onstreet parking in the central business district of the City. The elimination of certain onstreet parking has been set out in the application. Such a course will lead to greatly increased safety and public cost effectiveness of the roadway improvements to be installed. The Applicant will work with the City, the County, and the State in accomplishing this objective. p. The Applicant shall begin construction of the pedestrian over- pass prior to the issuance of building permits for Sub -Stage lb and shall proceed with construction continuously, (including, but not limited to maintaining a full and sufficient workforce working on said overpass) to complete the overpass as soon as possible, but in no case shall any Certificate of Occupancy for Stage 2 be issued prior to completion of said overpass. Pro- vided however, that said building permits and Certificates of Occupancy cannot be unreasonably withheld if other governmental agencies cause delays, which are beyond the Applicant's control. q. The Applicant shall complete construction of the following Stage 2 transportation improvements as further illustrated in Exhibits 26 and 27, Phase I and Phase II Roadway Improvements dated 9/21/82, and the figure entitled Holsum Property Summary Intersection Improve- ments dated 9/27/82, prior to the issuance of any Certificates of Occupancy for Stage 2: - Intersection improvements at S. W. 57 Ave. and S.W. 72 St. - Intersection improvements at S.W. 58 Ave. and S.W. 72 St. - Signalization of S.W. 58 Ave. at S.W. 71 St. - Signalization of S.W. 58 Ave. and S.W. 73 St., subject to verification by additional studies. - Signalization of S.W. 57 Ave. at Madruga Ave. prior to occu- pancy of Sub -Stage 2b. Further, the City will not issue any Certificates of Occupancy until said improvements are complete. r. The Applicant shall obtain a General Permit from the South Florida Water Management District prior to project construction. S. The Applicant shall at no expense to the City extend water mains to the site sufficient to provide an adequate supply of potable water and ensure sufficient pressure, flow capacity, and fre- quency of fire hydrant locations for fire protection. t. The Applicant shall design and construct the roofs of each of the office towers to allow emergency evacuation by helicopter, and submit said plans to the Dade County Fire Dept. for review and approval prior to the City issuing any building permits for said towers and the City will not issue any such permits with- out such approval. U. Prior-to the issuance of any Certificates of Occupancy for any portion of Stage l the Applicant, the City, and Dade County shall enter into a three party agreement to ensure adequate funding and the timely provision of aerial and other fire and emergency rescue service to the development and to establish a fair and reasonable rent to be paid by the County, reflecting the benefits accruing to the City by County location of fire service facilities within the City limits, or in the absence of such agreement, establish an alternative arrangement acceptable to the Applicant, the City, the County, and the SFRPC. V. The Applicant will incorporate all security and life safety measures proposed in the application. Such measures will be in place and operative for the stage or sub -stage involved prior to the issuance of a Certificate of Occupancy for the stage or sub -stage involved. W. The Applicant shall incorporate all energy conservation measures proposed in the ADA. X. The Applicant shall prepare a technical feasibility analysis for construction and operation of a cogeneration facility, which analysis must include those elements specified in the DRI assessment, and submit the analysis to the Regional Council, the Dade County Office of Energy Management, and the City for review and approval, prior to applying for any build- ing permits. If the results of the analysis indicate that such a facility is technically and economically viable, the applicant will develop and operate it as an integral part of the development. Further, the City will withhold all building per- mits for project construction until the Council, County, and City approve the cogeneration feasibility analysis. y. The Applicant shall incorporate all construction techniques proposed in the ADA to minimize air pollution. Z. The Applicant shall design and construct the landscaping plan for the project so as to minimize water usage and avoid species which have or may have potentially noxious characteristics, and shalt use at least 80 °a native species for exterior land- scaping. aa. The Applicant will render all possible assistance to the City in trying to establish a tax increment financing district, and the Applicant agrees that: should a tax increment financing dis- trict, which incorporates the Holsum Property, be formally proposed, the City will require the Applicant to submit an Amended ADA to the SFRPC and the City which specifies the effect of the district on: The Project's fiscal impact. - The Project's economic impact. - The Applicant- funded roadway and other public facility and service improvements. - The equity of the assignment of the responsibility between the Applicant and the public sector for all roadway and other public facility and service improvements. The City shall review and evaluate the SFRPC Council recommenda- tions on the Amended ADA prior to establishment of the tax'incre- ment financing district. bb. Prior to the issuance of the building permits for the first stage of construction, the Applicant shall record the Covenant for Perpetual Maintenance which shall be a covenant running with the land. Further, the Applicant and the successors, heirs, and assigns of the Applicant, shall comply at all times with the provisions of the Covenant of Perpetual Maintenance submitted as part of the application. -12- cc. The Applicant will continue to reimburse the City for costs specifically associated with this development as it progresses to construction, up to the time building permits for the first stage of the project are issued, provided however, that the Appli- cant shall have the right to review with the City the nature, extent, and cost of any outside consultant work. dd. The Director, under the supervision of the City Manager, is designated as the City official to monitor compliance with all provisions of the approved Special Use Permit and Development Order as required by Article XVI of the Zoning Ordinance and State law. The Applicant will assist in and facilitate the monitoring responsibilities of the Director. The Applicant shall designate a person as a monitor contact for the Director. In the context of Section 16 -7 -3 of the Zoning Ordinance, the Applicant's monitor contact shall be responsible for promptly notifying the Director of any proposed minor changes in the development plans as approved by the grant of Special Use Permit and Development Order. The naming of the Director as the individual to monitor the project is in addition to, and does not replace in any fashion, the normal construction inspection activities of the City and other government agencies. ee. In connection with the subsection (dd) above, the Director may require from time to time, but at intervals of not less than three (3) months, a written report from the Applicant's monitor contact as to the progress of the development. Such report shall include, but not be limited to, (1) the relation of construc- tion progress to the conditions and safeguards on staging. (2) any problems in relation to the. planned development, (3) relation of construction progress to the provision of public facilities and utilities, (4) any particular questions which the Director may wish to have answered. It is understood that the Applicant's monitor contact or the Director will contact one another at any time during the course of construction as the particular problems arise. ff. The Development Order shall be null and void if the following activities are not completed within two (2) years from the date of issuance of the Development Order: clearance of existing structures in Stage 1 portions of the site; entering into the three -party agreement for provision of fire and emergency rescue service or other such arrangement acceptable to the Applicant, the City, the County,and the South Florida Regional Planning Council.; obtaining buildinq and other permits for anv portion of Stage I project components; bonding and commencing constru- ction of the extension of water and sewer lines to the site; and bonding of all indentified Stage I improvements. gg. The Applicant shall pay costs of an errors and ommissions insurance policy obtained by the City insuring it against loss for any errors and ommissions by any of its employees, and /or agents for failure in the performance of any of their duties and responsibilities required to be performed by the City in all phases of the construction of the project, including, but not limited to inspections of any nature and kind, in the amount of $1,000,000 per occurance for periods not to exceed five (5) years after issuance of the last Certificate of Occupancy for the project. hh. The Applicant shall establish policies to make the Gallery/ Community Center available to nonprofit community groups and for community functions. ii. Prior to issuance of building permits for each stage or sub - stage, the Applicant shall dedicate to the City all lands necessary to meet the requirements of Section 8 -7 of the Zoning Ordinance, "Official Right -of -Way Widths," or provide right -of -way areas of sufficient width to permit construction of the roadway improve- ments outlined in the application, whichever dedication is greater. -13- jj. The Applicant shall install at his sole cost all sewerage facilities necessary to connect the development to the City's sewer system. In addition, due to the unique size and nature of the project, prior to the issuance of any building permits, the Applicant shall enter into an agree- ment with the City which will set operating conditions for the Applicant's private sewerage facilities and will provide for a connection charge to be paid by the Applicant, based upon a proportionate share of the costs incurred to provide sufficient capacity to serve the project and not inhibit other development in the City. kk. That the height of the two(2) office towers shall not exceed three hundred feet (300') each with corresponding reduction in Floor Area Ratio(FAR) with the option of the applicant to utilize the three (3) lowest floors of the structure for either office or retail purposes: provided the corresponding reduction of-off-street parking shall maintain the ratio established in the application; 1/300 for Comercial Use, 1/350 for Office Use and 1 parking space per room for Hotel Use. -14- Section 5. Official Zoning Map.- Within not less than seven (7) working days of the passage of this Resolution, action shall be taken to make the appropriate notations on the Official Zoning Map of the City as required by Section 16 -5 -3. Section 6. Vote. This Resolution has been adopted by not less than four (4) votes of the City Commission, as required by Section 16- 6- 3(5)(c) of the Zoning Ordinance. Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 25th day of October 1982. OTEST. e ITY , IRK -15- APPROVED: MAYOR ATTACHMENT 4 RESOLUTION NO. r5 -32- 4065 -A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING PRIOR RESOLUTION 65 -82 -4065 BY PROVIDING FOR A REVISED SCHEDULE OF CONSTRUCTION FOR THE PLANNED DEVELOPMENT KNOWN AS THE BAKERY CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDED AGREEMENT REGARDING CONSTRUCTION OF A FIRE STATION AT THE METRO -RAIL SITE. WHEREAS, on October 25, 1982, the Mayor and City Commission of the City of South Miami passed Resolution 65 -82 -4065 to permit a Planned Development - Mixed Use -Rapid Transit Oriented Development ;PD -MT; known as the "Bakery Center "; and WHEREAS, pursuant to Section 15 -7 -3 of Article XVI of the Zoning Ordinance of the City of South Miami, Florida, Flagler Federal Savings and Loan Association of Miami, successor in interest to the former applicant, has made formal application tc amend the final plans approved by. the above - referenced resolution; and WHEREAS, after review of the Director of Planning, Zoning & Community Development, the Environmental Review & Preservation Board and the Planning Board, approval has been recommended for the proposed changes regarding the Bakery Center. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I Tha._ Section 4 of the Sneciai Use Permit granted by Resolution No. 65 -82 -4065 be and the same is hereby amended as follows: Q. 'lie Applicant shall conform in the process of development the staves and sub-stages as set out in the Applicant'. document staging; or as further modified herein. - provided, hcwever, that the a ^nlicart shall be nermitted an °dditior:al two yea-s and eleven months from the effec-ive date of his Resolution to compiPta the build-ouT of t�l- ro' ecr this .- onmission finds that the staves and sub - :- tages there set. ou -.d - - Modi f i ad by the e:.ter -icr - ~ - G -O'-' reuL'.1 ra_ma_.a `. of Ct10n -- (_ i •,.d% of t',e Zcni.nl- 0-dinance and cons't'itute a _- o7ression from start :o comnleticn of th- oject. - .e(- -t1C _hat --h- C'.. 'y XanaFer y_ - �. _ hereby aut:orioed tc t ,e Second Amended Tr - Par -v Av;reemnent lqr the construction �- 1yre station at thy_ '12tr.. -::ate ,,a .-- __i agreement attached hereto as Exhibit " 11" PASSED AND ADOPTED this _I_Z_t_b day ot October f — AND APPROVED AS 710 FORM: J� = --- ---------- CITY ATTORNEY Re-solut\bakerycent,firestat 0 ATTACHMENT 5 RESOLUTION No. 137 -92 -9342 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING THE REQUEST OF THE RESOLUTION TRUST CORPORATION FOR AN EXTENSION OF THE FINAL BUILD -OUT DATE FOR THE PLANNED UNIT DEVELOPMENT COMMONLY KNOWN AS THE BAKERY CENTRE AND LEGALLY DESCRIBED HEREINBELOW UNTIL OCTOBER 24, 1994. WHEREAS, on October 25, 1982, by Resolution No. 65 -82 -4065, the South Miami City Commission approved a Planned Unit Development for the property commonly known as The Bakery Centre and legally described in the attached Exhibit "A1l; and WHEREAS, the aforesaid Planned Unit Development had a final build -out date of October 25, 1989; and Whereas, by Resolution No. 65- 82- 4065A, dated October 17, 1989, the Mayor and City Commission granted an extension until September 17, 1992; and WHEREAS, the present owner of the property, the Resolution Trust Corporation (RTC) has presented a request to extend that final build -out date until October 24, 1994; and WHEREAS, the City Commission is the final authority to decide upon the request and has now heard the Applicant; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of the Resolution Trust Corporation (RTC) to extend the final build -out date for the property commonly known as the Bakery Centre to October 24, 1994, be, and the same hereby is, denied. PASSED AND ADOPTED this 8th day of December , 1992. APPROVED: 1; Zayor ATTACHMENT 6 RESOLUTION NO. 138 -92 -9344 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE CITY ADMINISTRATION TO COMMENCE SUCH STEPS AS REQUIRED TO RE- DESIGNATE THE AREA SET FORTH IN THE ATTACHED MAP AND COMMONLY KNOWN AS A PORTION OF THE BAKERY CENTRE AND LEGALLY DESCRIBED HEREIN - BELOW, FROM "MO" TO "SR". WHEREAS, on December 8, 198.2, by Resolution number 137 -92 -9342, the South Miami City Commission denied a requested extension of the final build -out date for that planned unit development for the property commonly known as "The Bakery Centre" and legally described in the attached Exhibit "A ", such that that planned unit development is no longer in force; and WHEREAS, the underlying land use of the aforesaid former planned unit development is presently designated "SR" (specialty retail/ residential) in part and "MO" (medium - intensity office) in part; and WHEREAS, upon consideration of that portion presently designated 'tMO", including consideration of all elements set forth in the Florida Statutes for the comprehensive plan required therein, the City Commission proposes to redesignate the present land use, such that the portion presently designated "MO" would be changed to "SR"; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to commence procedures, according to Florida 'Statutes, to redesignate the land use of that portion of the premises commonly known as the Bakery Centre, and legally described hereinabove, from "MO" to "SR". PASSED AND ADOPTED this ji_th day of December, 1992. -- , ATTEST, CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR LEGAL DESCRIPTION Parcel 1 Lots 3, 4 and 5; Lots 6 through 10, inclusive, Less the East 20 feet; Lots 11 znrough 15 inclusive; Lot 19, lying West of Lot 18 and Lots 20 through 32, inclusive; and part of Lot 33 as follow's: Begin at the Soutnwest corner of said Lot 33; thence run North 99.7 feet; thence run Northeasterly parallel to the F.E.C. Railway 47 feet; thence at right angles to the last line, run Southeasterly 80 feet; thence run Southeasterly 68.9 feet to a point on the South line of said Lot 33, which pci.rit is 100 feet Eastof the West line of said Lot 33; thence run West along sale South line lU0 feet to ti:e Point of Beginni,iy; all in Block l of CARVERS SUBDIVISION according to the Plat tnereot, as recorded in Plat Book 6, Page 36 of the Public Records of Dade County, Florida. Lots 1 and 9, inclusive, Lots 10 through 13, inclusive, LESS the South 13 feet; and Lots 17 through 22, inclusive; all in Block 2 of CARVERS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36 of the Public Records of Daue County, Florida. That certain uarcel of land which tormerly constituted North Red Court, which is bounu on the East side by the West boundary line of Lots 21 to 33, 00th inclusive, 31ock 1 of CARVERS SUBDIVISION: and bounded on the West by the East boundary line of Lots 1 to 10, both, inclusive, of Block 2, of CARVERS SUBDIVISION; on the South by the Northerly line of Sunset Drive, and on the North by -ne Southerly line of U.S. Highway 41, all according to the Plat thereof, as recorded in Plat Book 6, Page 36 of the Public Records of Dade County, Florida. Parcel 2 Lots 1, 2 and 33, Block 1, of CARVERS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at Page 36 of the Public Recorus of Dade County, Florida, except that portion of said Lot 33, Blocx 1, described as follows: Begin at the Southwest corner of Lot 33, run Nortn 99.7 feet to the Southeasterly line of Dixie Highway; thence along said highway line Northeasterly 47 feet; thence at right angles to the highway run Southeasterly 80 feet; thence Southeasterly 68.90 feet to a Point on the South line of said Lot 33, 100 feet East of the Southwest corner; thence West 100 feet to the Point of Beginning; except that portion of the above roperty wind: was taken, in an eminent uomain proceeding D., or conveyed to the City of Sou -.n Miami for street purposes. Parcel 3 Lots 16 and 18 and Lot 19, lying East of the Lot 18• all in Block 1 CARVERS SUBDIVISION of the Public Records of Dade County, Florida. EXHIBIT 14, N G r IJ 4 --y.•J II a L{ �E�t� �arm,*% lco r I 1 °� "�l - �■ IA All' :'.� 1 1 (4i ■' -) r� ■tons I� / GR III �•.. Y- -'�1 � .N,. I ■� 1 1 e e ��'� ■ ■■mto■� . it.SifY I G. •O: MS •C.. S ��r ^w ■F =.• F %X� ks HN IN__ — t ' — ..r• � 'p a �.7 � ... ,p" °� .�" J - t N ■ I {• � � �� °` / 1 -.' . � fir--- _ � ICC �LL.+�.��11 a .t G., .- .. t s ■ r � ._ .d.e. y IGR ■ Pi fA �- ISM •1 l!I NP Is IL e RM -71 r -� �I■4 1 •~ ■i1s1- 111 v -J GR, RSA- 4 t■ ■e +`- :. -�� I __� w «, ■ T-6@f� l le ATTACHMENT 7 RESOLUTION NO. 98-93 -9337 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE TRANSMITTAL OF THE PROPOSED AMENDMENT OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE PLAN AND LAND USE MAP FOR THAT PORTION OF THE PROPERTY COMMONLY KNOWN AS THE BAKERY CENTRE BOUNDED BY RED ROAD, S.W. 58TH AVENUE, AND AN EASTERLY EXTENSION OF THE CENTERLINE OF S. W. 71ST STREET AND LEGALLY DESCRIBED HEREINBELOW FROM MEDIUM INTENSITY OFFICE TO SPECIALTY RETAIL /RESIDENTIAL USE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, after Public Hearing, the Planning Board of the City of South Miami, Florida, in its capacity as the Local Planning Agency, has made recommendations in accordance with procedures under Florida Statute Chapter 163 approving the amendment of the South Miami Comprehensive Plan by changing the Future Land Use Plan and Land Use Map for that portion of the Property commonly known as the Bakery Centre bounded by Red Road, S.W. 58th Avenue, and an easterly extension of the centerline of S. W. 71st Street and which property is legally described in the attached Exhibit "A" from Medium Intensity Office to Specialty Retail /Residential use; and WHEREAS, the City Commission will have read an Ordinance approving this Amendment at this same Agenda of June 8, 1993 and recognizes the Florida Statutes require transmission of such amendment to the Florida Department of Community Affairs; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sect, inn 1. That the City Administration be, and hereby is, directed to transmit to the Florida Department of Community A':fairs the amendment of the South Miami Comprehensive Plan cha;lgina the Future Land Use Plan for that portion of the property commonly known as the Bakery Centre bounded by Red Road, S-W. 5 ::th Avenue, and an easterly extension of the centerline of S• W• 71st Street and which Property is legally described in the attache;• Exhibit 11A" from Medium Intensity Office to Specialty Retail / Residential usc, which amendment is attached hereto, as Exhibit "B ", 11 PASSP:D AND ADOPTED this 8 th day of June, 1993. APPROVED: MAYOR ATTF,3T : j TY CLERK READ AND APPROVED AS TO FORM: i0 1114 CITY ATTORNEY +�; ty Clerk in and f- r�� Miami, i_ p .";dd correct T�-- ording South a!id the XL , ATTACHMENT g W ORDINANCE NO. 11 -94 -1560 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE AMENDMENT OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE PLAN AND LAND USE MAP FOR THAT PORTION OF THE PROPERTY COMMONLY KNOWN AS THE BAKERY CENTRE BOUNDED BY RED ROAD, S.W. 58TH AVENUE, AND AN EASTERLY EXTENSION OF THE CENTERLINE OF S.W. 71ST STREET AND LEGALLY DESCRIBED HEREINBELOW FROM MEDIUM- INTENSITY OFFICE TO SPECIALTY RETAIL /RESIDENTIAL USE; ALLOWING RENUMBERING AND /OR COMBINATION OF PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, after Public Hearing, the Planning Board of the City of South Miami, Florida, in its capacity as the Local Planning Agency, has made recommendations in accordance with procedures under Florida Statutes Chapter 163 approving the amendment of the South Miami Comprehensive Plan by changing the Future Land Use Plan and Land Use Map for that portion of the property commonly known as the Bakery Centre bounded by Red Road, S.W. 58th Avenue, and an easterly extension of the centerline of S.W. 71st Street and which property is legally described in the attached Exhibit "A" from Medium - Intensity Office to Specialty Retail /Residential use; and, WHEREAS, by separate Resolution, on this Agenda of June 8, 1993, the City Administration is directed to transmit to the Florida Department of Community Affairs the aforesaid amendment; and, WHEREAS, the City Commission desires to accept the said recommendations and enact the aforesaid amendment; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the amendment of the South Miami Comprehensive Plan changing the Future Land Use Plan and Land Use Map for that portion of the property commonly known as the Bakery Centre bounded by Red Road, S.W. 58th Avenue, and an easterly extension of the centerline of S.W. 71st Street and which property is legally described in the attached Exhibit "A" from Medium - Intensity Office to Specialty Retail /Residential use, which amendment is attached hereto as Exhibit "B ", be, and the same is, hereby approved and adopted. SECTION 2. Any Sections or parts of Sections of this Ordinance may be renumbered and /or combined with other Sections or parts of Sections of the South Miami Comprehensive Plan and any amendments thereto as is necessary to ensure the continuity and consistency within and between the various elements of said Comprehensive Plan. SECTION 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. SECTION 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby are, repealed. SECTION 5. 163.3189 (2)(a). ATTEST: This Ordinance shall take effect in accordance with the provisions of F.S. PASSED AND ADOPTED THIS 7th DAY READ AND APPROVED AS TO FORM: _ wi. / /�11 Earl G. Gallop City Attorney 2! Neil Carver Mayor 1994. c : \reports \bakery . ord EXHIBIT A: LEGAL DESCRIPTION parcP] 1 Lots 3, 4 and 5; Lots 6 through 10, inclusive, Less the Last. 20 feet; Lots 11 through 15 inclusive; Lot 19, lying West of Lot 18 and Lots 20 through 32, inclusive; and part of Lot 33 as follows: Begin at the Southwest corner of said Lot 33; thence run North 99.7 feut; thence run Northeasterly parallel to the F.E.C. Railway 47 feet; thence at right angles to the last line, run Southeasterly 80 feet; thence ruri Southeasterly 68.9 feet to a point on the South line of said Lot 33, which point is 100 feet East of the West line of said Lot 33; thence run West along said South line 100 feet to the Point uL Beyirrni,iy; all in Block 1 of CARVERS SUBDIVISION according to the Plat thereof, as recorded in Plat Suok 6, Page 36 of the Public Records of I)ade Coulity, Floricaa. Lots 1 and 9, inclusive, Lots 10 through 1.3, inclusive, LESS the South 13 feet; and Lots 17 through 22, inclusive; all in Block 2 of CARVERS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36 of the Public Records of Davie County, Florida. That certa.Lrn parcel of land which formerly constituted Nort-h Red Court, which is bound on the East side by the West boundary lint_ of Lots 21 to 33, Doth inclusive, L31ocx 1. of CARVERS SUBDIVISION: and bounded on the West by the East boundary line of Lots 1 to 10, both, inclusive, ot: Chock 2, of CARVERS SUBD1ViS10N; oil the South by the Northerly line of Sunset Drive, and on the North by t:iiu Southerly line of U.S. Ilighway 4 , , a l i according to the Plat thereof, as recorded in Plat Book 6, Page 36 of tine Public Records of Dade County, Florida. Parcel 2 Lots 1, 2 and 33, Block 1, of CARVERS SUBDIVISIOr4, accor.dinq to the Plat thereof, as recorded in Plat Book 6, at Page 36 of the PubI -Lc Records of Dade County, Florida, except that portion of said hot 33, BJ ock i, described as follows: Begin at the Southwest corner of Lot 33, run North 99.7 tc.ut to the Southeasterly line of Dixie Elighway; thence along said highway line Northeasterly 47 feet; thence at right angles to the highway run Southeasterly 80 feet; thence Southeasterly 68.90 feet. to a Point on the South linu of said Lot 33, 100 feet East of tilt: Southwest corner; thence West 100 feet to the Point of Beginning; except that portion of the above property which was taken in an eminent domain proceeding ny or conveyed to the City of South Miami for street purposes. Parcel 3 Dots 16 and 18 and Lot 19, lying East of the Lot 18 a] ] in !;loch 1. CARVERS SUBDIVISION of the Public Records of 1)ade County, Florida. _ .......... ..... ............... EXHIBIT B: COMPREHENSIVE PLAN AMENDMENT Proposed Amendment to the South Miami Future Land Use Map Draft 1 February 1993 Application to be Submitted by the City of South Miami with Technical Assistance from Robert M Swarthout, Incorporated INTRODUCTION AND SUMMARY The purpose of this amendment is to change the Future Land Use Map designation of the northern portion of the Bakery Centre tract from Medium Intensity Office to Specialty Retail/Residential. Specifically, this is the land bounded by Red Road, S.W. 58th Avenue and an easterly extension of the centerline of S.W. 71st Street. The overall intent is to bring the plan designation of this land into conformance with the - balance of downtown South Miami, i.e., all other land in the triangle bounded by Dixie Highway, Red Road and S.W. 74th Street is now designated retail. I O;L 3 DATA, IMPACT AND PLAN COMPATIBILITY ANALYSIS FOR FUTURE LAND USE MAP AMENDMENT This analysis responds to the requirements of 9J- 11.006 (1) (b) FAC, i.e., the Future Land Use Map amendments: 1. Proposed Use Designation Map 1 shows the area to be changed and the proposed land use designation— Specialty RetaiUR.esidential (4 stories). The adjacent street system is also shown. 20 Adjacent Land Use Designations Map 2 shows the subject area with the current use designation which is Medium Intensity Office (4 stories) and adjacent use categories: • Specialty Retaii/Residential (4 stories) - to the west and south • Auto Services/Office Special Redevelopment (2 stories) — across Dixie Highway to the north • Coral Gables - to the east Commercial Mid Rise Intensity (6 -8 stories) - south of Madruga Commercial Low Rise Intensity (4 -6 stories) - north of Madruga 3m Property Size 6.1 acres or 265,715 sq. ft. Mote: See City -wide Future Land Use Map in Appendix package for balance of map legend. 4 vvvww.wmww ��o�l ; 1w ♦oho ♦i ♦s ♦off �000i ♦ioi ♦i� ►�/ 'o� �o ♦o ♦00000� ►o� w ..� �I, — tee: ♦:� �. ♦: i0v ........ illllil /o '\��\�� oi� sY f �a�� !iii ♦i� '< �i ♦ioi� s� /VIII itm `sC5te7id4.3i�iS1• ILI GlI�ES�Si aa;K�l. ,��I�` �� +1 +Itt��:•II 4111-f kP ff tL�`T y;s lj� - "Ool© ` ►e�eei IN/ , \\\ \ \\\\ \ n Vit �e�iei e� eees � e ♦ eeeee� - ,� a -e ►�e�Wr fee• eee• �eeee� ►eejee� iiee� ►'s � e ♦ ♦ e ►eieiei ►ee• eee• ►!e!e! ►ieiei! ►eeeiej \ Lei` seieiei I :•::• :• .�S /•/��I�� yak+ '// /.1111111 �eau��►uxn�� -: =:= V fx !1 Ti. ivf j j j !�.•../•�� III', `�C`°�, ?? V. re IP • - - - - -- Rf IP 5 i fw .19� df •♦ tN fQ 4. Public Facilities Impact a. Assumptions: This is an analysis of the public facility demand if the land is developed in conformance with Specialty Retail/Residential designation. An existing parking garage currently occupies a portion of the site. This analysis assumes the garage will remain and continue to serve the existing (or redeveloped) retail to the south and partially serve whatever is built on the subject land. There are some 105 more spaces than are needed to serve the existing retail. The proposed land use category permits a range of uses under various circumstances but to avoid undue complexity, this analysis assumes the following: Proposed RetaiUResidential Category: 300,000 sq. ft. of retail 100 apartment units 1,050 parking spaces The parking spaces are in addition to the 105 that can be provided by the existing garage. The above mix of parking and use square footage assumes a four story building almost fully covering the site and wrapped around the existing garage, i.e., the maximum, permitted intensity. To the extent that the second floor is used for office rather than retail, the facility impacts would be slightly less. The 1992 Dover, Kohl and Associates plan for downtown indicates a completely redeveloped site (except for retention of the parking structure) with a similar land use mix. However, the balance of the required parking is all at grade effectively reducing the intensity. In short, the following impacts are the maximum possible and realistically will probably be less. The facility generation rates are based upon those used in the South Miami concurrency management system with supplemental technical sources when appropriate. b. Analysis: The analysis also shows the public facility impact of the development authorized by the 1982 Bakery Centre DRI for the northern tract, i.e., 600,000 square feet of office space and a 300 room hotel. Sewage: Retail/Residential category 1982 DRI Water: Retail/Residential category 1982 DRI [a 52,500 gallons per day 74,100 gallons per day 57,000 gallons per day 87,300 gallons per day 7 Solid Waste: Retail/Residential category 12,750 lbs. per day 1982 DRI 69,000 lbs. per day Traffic: Retail/Residential category 1,360 vehicles per P.M. peak hour 1982 DRI 960 vehicles per P.M. peak hour Drainage: The kind of exfiltration trenches installed for Phase I of the Bakery Centre would be installed on the northern portion no matter what the land use. Recreation: The impact of (e.g.) 100 apartment units would be negligible, i.e., about one - tenth of an acre of park and open space land would be deducted from the City Level of Service Standard surplus acreage. These comparisons show that the proposed Retail/Residential category will place less demand on three of the four public facility systems than the office/hotel development authorized by the 1982 Bakery Centre DRI. C. Conclusions: None of the public facility impacts will exceed the current level of service standards of the City. This includes traffic keeping in mind that the 1,360 trips are distributed on the roadway system. 5. Compatibility with Plan Goals, Objectives and Policies The principal purpose of this amendment is to implement Future Land Use Goal 2 and related Objective 2.1. They read as follows: Goal 2 "To preserve and enhance the pedestrian character and comparison shopping function of the City's Sunset shopping area. South Miami's Sunset commercial area east of U.S. 1 is one of the most vibrant in south Florida. It serves populations in the city and beyond. The pedestrian character of the Sunset commercial area gives a measure of charm and sophistication that is perfectly compatible with the city's small town character. Preserving and enhancing the vitality of the Sunset commercial area is the second most important goal of the comprehensive plan. Objective 2.1 Discourage urban commercial sprawl by enhancing downtown South Miami as the prime retail and commercial service center, as specified in the Future Land Use Map. Measurability shall be no major commercial rezonings outside of downtown." /001,44 8 By designating the entire Bakery Centre parcel Retail/Residential (4 stories), the northern portion can also be developed for "comparison shopping' with a "pedestrian character." It will enhance "downtown South Miami as the prime retail and commercial service center." Nationwide experience shows that office buildings tend to have a blank facade that breaks up the retail pedestrian continuity and flow, particularly after 5:00 P.M. Conversely, residential units above the retail add to the pedestrian activity after 5:00 P.M. Although this amendment directly implements Goal 2, "the second most important goal of the comprehensive plan," it also implements and is compatible with Goal 1, "the most important goal." Specifically, the retail function "enhances the City's small town character" (Goal 1) more than a monolithic office building. The proposed amendment is also compatible with Goal 3 of the Future Land Use element which speaks to strengthening the City's tax base. The land in question is more likely to be developed in retail use than office use by virtue of both its location and the current market. There is no incompatibility with the final goal of the Future Land Use Element or any other goal, objective or policy of the Comprehensive Plan. 6. Additional Analysis As indicated above, this property was part of a larger 1982 DRI. The retail phase of this Bakery Centre project was constructed on the southern portion of the parcel but Phase 2, the office towers and hotel, were never constructed. The 1989 Comprehensive plan process involved in -depth citizen involvement including a survey questionnaire. The results of this process showed disenchantment with the Bakery Centre in particular and large scale downtown development in general. Of the survey respondents, 74 percent opposed taller buildings in the downtown and 70 percent opposed more development like the Bakery Centre. Therefore, although the 1989 Future Land Use Map reflected the Bakery Centre use pattern as a compromise to reflect the DRI, it called for a "downzoning" of the intensity on this parcel and much of downtown. Based upon the Comprehensive Plan, in 1992 the City denied both an alternative but very intensive project for the Bakery Centre tract and an extension of the DRI Development Order. This plan amendment is the next logical step, i.e., to apply a retail land use designation to this site in order to be consistent with all of the other blocks in downtown. Maps 1 and 2 clearly show this downtown retail area bounded by Dixie Highway, Red Road and S.W. 74th Street. 0- ATTACHMENT g AN ORDINANCE OF THE CITY OF SOUTH MIAMI. FLORIDA AMENDING SECTION 20 -3.1 (C) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA "OFFICIAL ZONING MAP" TO REFLECT THE REZONING OF A PORTION OF THE PREMISES COMMONLY KNOWN AS THE BAKERY CENTRE BOUNDED BY RED ROAD, U.S. 1, S.W. 58TH AVENUE, AND AN EASTERLY EXTENSION OF THE CENTERLINE OF S.W. 71ST STREET AND LEGALLY DESCRIBED HEREINBELOW FROM MO (MEDIUM- INTENSITY OFFICE) TO SR (SPECIALTY RETAIL /RESIDENTIAL); PROVIDING FOR ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida heretofore adopted a Land Development Code on October 26, 1989; and, WHEREAS, on January 18, 1989, the City of South Miami, Florida adopted a Comprehensive Land Use Plan, and on September 7, 1994, adopted certain amendments thereto; and, WHEREAS, the adopted Comprehensive Land Use Plan included a designation of the property commonly known as the Bakery Centre, which property is legally described in the "Exhibit A" attached hereto, as being in part SR (Specialty Retail /Residential) and in part MO (Medium - Intensity Office); and, WHEREAS, by Resolution 138 -92 -9344 adopted December 16, 1992, the City Commission requested the City Administration to commence procedures to redesignate that portion of the premises from MO to SR and pursuant thereto, the City Administration has proceeded to change the Comprehensive Plan designation; and, WHEREAS, the Mayor and City Commission now wish to change the Land Development Code and Official Zoning Map thereunder to conform with the Comprehensive Land Use Plan as now amended; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: SECTION 1, That Section 20 -3.1 (C) of the Land Development Code of the City of South Miami, Florida "Official Zoning Map" tae, and hereby is, amended to reflect that portion of the premises commonly known as the Bakery Centre presently designated MO as SR. SECTION 2. That Administration be, and hereby is, directed to make such changes necessary so that the Official Zoning Map reflects the same. ordinance to Rezone Bakery Centre Page # 1 SECTION 3. If any section. clause. sentence. or Phrase of this Ordinance is held to he invalid or unconstitutional by any court of competent jurisdiction. then said holding shall in no way effect the validity of the remaining portions of this Ordinance. SECTION 4. All Ordinances or parts of Ordinances in conflict herewith be. and the same hereby are. repealed. SECTION S. This Ordinance shall take effect immediateli PASSED AND ADOPTED THIS 6th DAY O ATTEST: Rosemary J. Wascura City Clerk 994. Neil Carver Mayor YEA,,,,,,,,. yWYOR CARVER VICE UAYOR YO��l3 YEA A'�.�...- WWAISSIU<J BASS AY fNWO CCMMISSM. ER COOPER ..,_...- CWN1W3'HW YEA I COMMISSIONER READ AND APPROVED AS TO FORM: -z;, � � - Earl G. Gallop City Attomey 0 c: \reports \bakery.ord Ordinance to Rezone Bakery Centre Page # 2 ATTACHMENT 10 %I 17) Ms. Karen Dorfman, President of Red /Sunset Merchants Association explained that while the Red /Sunset ierchants, as a whole, are not supporting the Concerned Citizens, they do want retail on Sunset Drive to keep the pedestrian traffic flowing. In fact this concept had been brought up by the Red /Sunset Merchants Association about ten years ago, at least for the main street (Sunset Drive) area. 18) ',',Ir. Christopher Cooke — Yarborough, 6802 S.W. 64th Avenue, urged all members of the community to work together for a better environment. All groups need to develop a positive attitude and • pro — active stance and develop a new aura as a City catalyst for • positive change. 19) Ms. Gay Cinque; owner of property at 5796 Sunset Drive, stated her opinion that South Miami retail is not Nell. Current life— styles dictate needs and services that are now designated for second floor use. She urged the Commission to listen to those present at the meeting. No one else wished to speak and the public hearing was deemed closed. Mr. Greg Borgognoni, City's special counsel, stepped forward to address the Commission. Mayor McCann asked Mr. Borgognoni to explain the challenges on the Comprehensive Plan. Mr. Borgognoni responded that the four story height Limitation west of US I and the Manor Lane area designation had both been challenged. Mayor McCann asked -Mr. Borgognoni to respond to the comment on the constitutionality of the Comprehensive Plan. Mr. Borgognoni explained that Judge Bloom had basically stated that he is not making any finding on the constitutionality of the Plan and that the municipalities should be free-to pass their own legislation. Commissioner Carver stated that the City does not have to pass this proposed ordinance in order-to be in compliance with._ the Comprehensive Plan. Mr. Borgognoni stated that this is correct. Commissioner Carver noted that the Comprehensive Plan uses the words "could" and "should" and "might" so the Commission does not have to pass this ordinance. CCM -7- 5/5/92 rjw PO Mr. Borgognoni stated not in his opinion. It is his opinion that the language of the Comprehensive Plan is permissive and therefore other ordinances could be passed. Vice -Mayor Cooper asked tor. Borgognoni what governs if the proposed ordinance does not pass at the meeting this evening. Mr. Borgognoni responded that the regulations - revert to general SR without the u97e limited to specific floors4 �4hat was not properly passed was only a provision limiting the lst floor to retail. The Comprehensive Plan Consultant drafted the Plan to allow flexibility. Vice -Mayor Cooper questioned how specific wording can be in the Comprehensive Plan and then the City adopts an ordinance which does not support this plan. Mr. Borgognoni explained that the Comprehensive Plan consultant wished to allow for flexibility and even restaurants can be permitted under the SR use category. Mayor McCann stated that she feels the SR district clearly sets forth intent of the Comprehensive Plan. The City can allow the uses it chooses. However, the choice was removed when the Court ruled that the SR provisions were not properly passed. Right now, anything that was on 2, 3 or 4th floor could also be on the first floor in the SR zoning district. Mr. Borgognoni stated that this is correct. The provisions limiting the floor usage in the SR district is the ordinance that was not correctly passed. Mayor McCann stated that if any group wishes to make application for a Comprehensive Plan change, that group can go before the Commission, out of sequence, and ask the City to make application as the applicant. Mr. Borgognoni responded the City is charged with undertaking regular reviews and can undertake them more than what is scheduled if they want to and if the Commission sees the need. Mayor McCann asked that if, after a committee study, there is a desire to amend the SR zoning district regulations, can i__t_ b_e _ done by ordinance. Mr. Borgognoni responded that this would be correct - as an amendment to the Land Development Code. Commissioner Carver noted the use of the mandate word "shall" not "should ". CCM PW -8- 5/5/92 rjw Mr. Borgognoni stated he this is correct and based his determination of the word use as mandate by the sentence following: 1°a limited range of non- retail could be permitted ". Mayor McCann gave a brief description of the history of the Plan adoption. She stated that the City had listened to property owners and had sent surveys to property owners, residents and those dwelling in apartments. The surveys address what those people wanted the City to be. The City held numerous public hearings and many of those speaking addressed height limitations. However, most people agreed with the Comprehensive Plan and at no time was there disagreement with the provisions of the SR district. Nothing in the Comprehensive Plan cannot be changed; nothing in the Plan could not or should not be looked at. fir. Poole's client has offered matching funds to have a study and this is something the City may want to consider. In order for the City to keep what they want, the SR should be voted in tonight and then it can be revisited at another time. Vice -Mayor Cooper stated that he has had the opportunity to - -work' with the property owners in order to arrive more generous use on all floors. He also had understood that he must vote to include the SR provisions tonight and 'Special Counsel is now stating that this is not so. The Commission has set up a Committee, with he being the liaison, to study setbacks, themes and facades to study the SR district. In addition, it was noted to him by developers, that the City of South Miami has the lowest vacancy rate in Dade County - less than 2% - based on number of stores. Mr. Pinder (Stan's Auto Glass) has raised a valid issue and this needs to be addressed separately. Vice -Mayor Cooper concluded by stating that he hopes people end up still working to keep the SR district viable. Commissioner Carver stated that he has never seen such a coalition in the City which has united to defeat an ordinance. He agrees that the ordinance is not a good one. The property owners do not need, in his opinion, government to tell them how to rent their properties. Last year the property value in the commercial area went down, the tax burden will go to the homeowners. Building to a three and four story level for the residential uses is not possible- because of the setback and parking requirements. CCM -9- 5/5/92 rjw Commissioner Carver continued that the surveys in the Comprehensive Plan do state what the residents and property owners would like to see, but that must be suitable to the City or the small property owners will not survive. He urged that the energy here tonight be used as a positive to put forth an ordinance for the SR district which will encourage business. Commissioner Banks stated she is pleased to see so much enthusiasm from the people. The people are making a statement and everyone should listen. If this amendment is not mandated by the Comprehensive Plan, then it can be defeated or amended so that all can live with it. Commissioner Bass stated that it is great to see everyone out and the tremendous energy that is forthcoming from those who are concerned with the zoning in this district. She does not want to see a roadblock put in the way of this energy and would like to see that an appropriate ordinance is passed. Vice —Mayor Cooper noted that some of those present have been asked to serve on the SR committee and he would like to see them bring the same desires and enthusiasm.to those meetings. Mayor McCann stated that all of the community is concerned with the health of the downtown area. She disagrees that the homes are not selling; she disagrees with the statement that the commercial property is not being leased. The building permits for this year in South Miami are up 43:. She also disagrees that the RO zoning districts are intruding into residential; there has not been any increase for at least four years. She urged the Commission to consider the best of both - place the proposed legislation in place at this meeting, go ahead with the SR committee and, if the property owners provide matching funds the City can have a study done, and then place any appropriate amendments into the code at a later date. Vote on ordinance failed 1/4: Mayor McCann, yea; Vice -Mayor Cooper, nay; Commissioner Banks, nay; Commissioner Carver, nay; Commissioner Bass, nay. #4 ORDINANCE NO. 8 -92 -1503 AN ORDINANCE DELETING CHAPTER 14 "MUNICIPAL COURT" FROM THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN-- CONFLI-£T AND. PROVIDING AN EFFECTIVE DATE. CCM 14�" —10— 5/5/92 rjw M I N U T E S DRAFT P L A N N I N G B O A R D TUESDAY, APRIL 25, 1995 CITY COMMISSIONERS' CHAMBERS 7:30 PM I. Call to order and the Pledge of Allegiance to the Flag of the United States of America. II. Roll Call. PR P. O. C. G. K. ESENT ABSENT Eisenhart S. Basu Kerr J. Lef ley Thorner Illas Zeller Also Present: Earl Gallop, City Attorney; Dean Mimms, BZCD Director; Bill Mackey, Planner; Slaven Kobola, Planner; Brian Soltz, Planning Technician; David Struder, Secretary. III. Public Hearings: PB -95 -003 Applicant: Sunset Red Ltd. Request: Special Exception, in lieu of prior Special Exception granted by City Commission on December 6, 1994, pursuant to Section 20 -7.51 from the requirements of the Hometown District Overlay Ordinance for property located in the Hometown District and zoned SR (Specialty Retail /Residential). Legal: The property is bounded by US Highway 1, Red Road, SW 58 Avenue, and SW 72 Street. Address: 5701 Sunset Drive, South Miami, Florida 33143 Ms. Thorner read the request. Mr. Earl Gallop, City Attorney, presented background information on the special exception application. Mr. Gallop began by stating that the special exception process is a new procedure for the City. He further stated that the first application for a special exception involved approval of modifications to the DRI and approval of the application itself by the City Commission in December, 1994. PB Min 4/25/95 1 Under the special exception process, the developer has the option to present further changes and refinements for review. If the City determines that additional changes are significant and extensive in nature, then an application for a new special exception is warranted. Mr. Gallop explained that in regard to this particular application, the changes that are being presented involve: 1) The design of the buildings; 2) The layout of traffic circulation. Mr. Gallop noted that no changes have been presented involving the uses, intensity, or square footage of the project, and while there is a change involving the design, it is not necessary to review the entire application. Staff elucidated the five changes that are included in this particular application: 1) Demolition of existing structure is sought; 2) Increase in height of new structure facing Sunset Drive is planned; 3) Modification of the project's internal streets is anticipated; 4) Removal of the previously planned arcade along Red Road is requested; and, 5) Creation of angle parking, rather than parallel parking, on Sunset Drive is planned. In response to Ms. Thorner's inquiry regarding the proposal for angle parking on Sunset Drive, staff stated that the consideration to narrow Sunset Drive to three lanes has not been invalidated. Mr. Gallop added that the narrowing for, and the reconfiguring of, lanes and parking on Sunset Drive will be reviewed as part of the downtown revitalization project, which includes SW 72 Street from US 1 to SW 57 Avenue. Public hearing was opened. Mr. Eisenhart invited the applicant to make his presentation during the public hearing portion. PB Min 4/25/95 2 W Mr. J.B. Turbidy, of The Comras Company, signed in as a representative for the applicant. Mr. Turbidy began by stating that he is continuing to act on the City's request to return with refinements of the Bakery Centre redevelopment project. In doing so, Mr. Turbidy explained that the developer had consulted with Mr. Stan Echsteht, of New York City, for further refinement of the project. Mr. Echsteht signed in and spoke before the Board. Mr. Echsteht related that he had been examining ways to improve previous plans for redevelopment of the Bakery Centre, particularly by integrating the project more completely into South Miami's downtown. In this effort, Mr. Echsteht stated that he believed the integration can be best achieved by removal of the existing structure. Mr. Echsteht explained that much thought had been given to making the public's arrival at the new Bakery Centre a positive and effortless experience, with the emphasis being on arrival by car, particularly at an open "autocourt." Mr. Echsteht further explained that, while pedestrians will have access throughout the center, there must be a sense of entry and movement for arriving motorists, which will create a positive image for the center in particular and for downtown as a whole. Mr. Echsteht detailed proposed changes, such as integrating surrounding streets with the project, moving the theaters closer to Sunset Drive, and introducing a j1Spanish Steps" feature that provides terraces on which the public may gather. Mr. Echsteht explained that the proposed angle parking on Sunset Drive would slow traffic and create a "main street" feeling in downtown. In reply to Mr. Illas' questions, Mr. Echsteht emphasized that the redevelopment plans do not include the Eckerd Drugstore site. In response to Mr. Kerr's question concerning Bakery Centre's residential units, Mr. Echsteht stated that residential properties are proposed for the upper two floors on Sunset Drive and on two higher floors near the theaters, creating approximately 40 units. As the public hearing continued, Dr. Hauri, of 5752 SW 77 Terrace, signed in and spoke before the Board. Dr. Hauri related her concerns involving the present Bakery Centre, particularly the "drop off" area on SW 57 Avenue in front of the existing theaters, as well as traffic concerns involving the City. Dr. Hauri Is traffic comments included the inability to turn left from east bound Sunset Drive to north bound US 1, the existence of only one left -turn lane from Davis Road to US 1, and the presence of only a right -turn lane from SW 58 Avenue to US 1. PB Min 4/25/95 U11 Mr. David Tucker Sr., of 6556 SW 78 Terrace, signed in and noted that while he considers himself a novice in regard to plans for the Bakery Centre, he is pleased with the changes and updates, and he believes that with the revisions, the project is on "track." Mr. Tucker closed by stating that with the project moving forward, he feels that the Bakery Centre will reach fruition, that "after sunset, (there is) a sunrise." There being no one else wishing to speak for or against the application, public hearing was closed and executive session was opened. Mr. Slaven Kobola, City of South Miami planner, spoke in regard to Mr. Kerr's inquiry concerning any changes that have been made to the parking situation. Mr. Kobola stated that while segments on the ground floor have been changed, no differences in total values have occurred, which results in no changes in parking calculations. Mr. Kobola responded to Mr. Kerr's concerns involving traffic congestion by stating that internal circulation may have been improved with the updated plans. Mr. Turbidy spoke on the status of the pedestrian overpass that has been considered extensively in the past, as a way to link Bakery Centre with the Metrorail station that is located in the City. Mr. Turbidy explained that, as part of the development order, the developer will contribute to surface improvements at the intersection of Sunset Drive and US 1. Mr. Eisenhart asked about the implementation of plans at the Bakery Centre site. Mr. Turbidy stated that with closing scheduled for June 30, 1995, they hope to begin construction at the end of summer 1995. Motion: Mr. Kerr moved to approve the application. Mr. Illas seconded the motion. Vote: Approved: 5 Disapproved: 0 (The Board recessed at 8:35 PM and reconvened at 8:45 PM. Mr. Gallop, Mr. Mimms, and Mr. Kobola departed the meeting, with Mr. Mimms returning at 9:00 PM.) PB Min 4/25/95 4 From: Eddie Cox City Manager 13 Agenda Item # - 13 Re: 05/02/95 Commission Mtg. Ratification of PBA Contract The PBA's Law Enforcement Bargaining Unit membership for the City of South Miami has ratified the 1994-95 "non-economic reopener" negotiations, four issues have been agreed upon. Number one, personnel records; number two, Americans with Disability Act; number three, shifts, re-bidding; and number four, shifts, seniority. I recommend to the City Commission approval and ratification of the labor agreement. 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 52 53 54 451 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AS APPROVAL AND RATIFICATION FOR THE CITY COMMISSION THE 1994 -1995 DADE COUNTY PBA /CITY OF SOUTH MIAMI COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the PBA's Law Enforcement Bargaining Unit Membership of the City of South Miami has ratified the contractual terms of 1994 -1995 Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to sign as approval and ratification for the commission the 1994 -1995 Collective Bargaining Agreement. Section 2. That this resolution should be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sv /Eorns.reso1.pba , 1995. ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF SOUTH MIAMI E DADE COUNTY POLICE BENEVOLENT ASSOCIATION The City of South Miami and the Dade County Police Benevolent Association are currently parties to a collective bargaining agreement which will expire on September 30, 1995. The parties, having engaged in collective bargaining negotiations for fiscal year 1994 - 1995, hereby modify their agreement in the manner reflected in the attached articles. Date of Execution Dade County Police Benevolent Association By: Dade County Police Benevolent Association Date of Execution City of South Miami By: City of South Miami ARTICLE 6. PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect his official personnel file and /or his closed Internal Affairs file. The employee shall have the right to make duplicate copies of any items in his official files, upon payment of the usual charge therefore. 2. Employees covered by this Agreement shall receive copies of any disparaging items which are placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items which are placed in the employee's official personnel file. 3. To the extent permitted by law, all personnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PDA recognizes the City's obligation to comply with Chapter 119 Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without his express written consent. 5. The City shall purge all records of counselings and oral warnings from employees' personnel files after five (5) years of service without receiving further related counselings or oral warn- ings. Such documents shall be kept in a separate file. MI ARTICLE 8. SHIFTS 1. Seniority shall consist of continuous accumulated paid service by classification with the City. Seniority shall be com- puted from the date of appointment to the classification and shall accumulate during paid absences because of illness, injury, vaca- tion, military or other authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined in the following descending order: Date of Hire by Department /Date of Hire by City /Draw Lots. 2. Provided qualifications for selection are equal, seniority shall be a tiebreaker for the following: (a) Assignment of department vehicles and (b) Vacancies in specialized units. 3. Vacancies in specialized units shall only be filled by non - probationary employees unless non - probationary employees are unqualified or decline the position. 4. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee to be laid off who has advanced to his present classification from a lower classification in which he held a permanent appointment, shall be given a position in a lower classification in the same Department. His seniority in the lower classification shall be established according to the date of his permanent appointment to the classification. Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off. No new employee shall be hired in any classification until all employees on lay -off status in that classification have had an opportunity to return to work (for which he /she is qualified). Written notice of recall shall be sent by certified mail to the employee' s last known address, as long as the employee is still qualified to be an officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) days of receipt of recall notice, and must return to work within twenty -one (21) days from receipt of recall notice. An employee will be kept on the call- back list for two (2) years. S. Upon application to the Chief of Police, employees may exchange shifts, provided that: A. The shift exchange is between employees of like rank and experience; B. The shift exchange is requested in writing at least five (5) days in advance by both employees involved in the exchange. 6. When a vacancy (including a change in duty from PPO to solo assignment) occurs on a patrol shift the entire shift shall re -bid days off as soon as practical but no later than within two (2) weeks of the vacancy being filled. This provision shall apply only to the shift in which the vacancy occurs and not to any other shifts. This provision also shall not apply if the Chief of Police approves an exchange of shifts as provided for in Section 5 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift /days off pick 7. A seniority list by shift and work assignment shall be established. When the Department calls in for or holds over personnel, the seniority list shall be utilized except in an emergency or unusual situation 13 NEW ARTICLE: AMERICANS WITH DISABILITIES ACT Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever action may be necessary to comply with the Americans With Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties, mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans With Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ESS1435.mk ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF SOUTH MIAMI R] DADE COUNTY POLICE BENEVOLENT ASSOCIATION The City of South Miami and the Dade County Police Benevolent Association are currently parties to a collective bargaining agreement which will expire on September 30, 1995. The parties, having engaged in collective bargaining negotiations for fiscal year 1994 -1995, hereby modify their agreement in the manner reflected in the attached articles. Date of Execution: Dade County Police Benevolent Association By: Dade County Police Benevolent Association Date of Execution City of South Miami By: City of South Miami ARTICLE 6. PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect his official personnel file and /or his closed Internal Affairs file. The employee shall have the right to make duplicate copies of any items in his official files, upon payment of the usual charge therefore. 2. Employees covered by this Agreement shall receive copies of any disparaging items which are placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items which are placed in the employee's official personnel file. 3. To the extent permitted by law, all personnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PDA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without his express written consent. 5. The City shall purge all records of counselings and oral warnings from employees' personnel files after five (5) years of service without receiving further related counselings or oral warn- ings. Such documents shall be kept in a separate file. ARTICLE 8. SHIFTS 1. Seniority shall consist of continuous accumulated paid service by classification with the City. Seniority shall be com- puted from the date of appointment to the classification and shall accumulate during paid absences because of illness, injury, vaca- tion, military or other authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined in the following descending order: Date of Hire by Department /Date of Hire by City /Draw Lots. 2. Provided qualifications for selection are equal, seniority shall be a tiebreaker for the following: (a) Assignment of department vehicles and (b) Vacancies in specialized units. 3. Vacancies in specialized units shall only be filled by non - probationary employees unless non- probationary employees are unqualified or decline the position. 4. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee to be laid off who has advanced to his present classification from a lower classification in which he held a permanent appointment, shall be given a position in a lower classification in the same Department. His seniority in the lower classification shall be established according to the date of his permanent appointment to the classification. Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off. No new employee shall be hired in any classification until all employees on lay -off status in that classification have had an opportunity to return to work (for which he /she is qualified). Written notice of recall shall be sent by certified mail to the employee's last known address, as long as the employee is still qualified to be an officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) days of receipt of recall notice, and must return to work within twenty -one (21) days from receipt of recall notice. An employee will be kept on the call- back list for two (2) years. 5. Upon application to the Chief of Police, employees may exchange shifts, provided that: A. The shift exchange is between employees of like rank and experience; B. The shift exchange is requested in writing at least five (5) days in advance by both employees involved in the exchange. 6. When a vacancy (including a change in duty from PPO to solo assignment) occurs on a patrol shift, the entire shift shall re -bid days off as soon as practical, but no later than within two (2) weeks of the vacancy being filled. This provision shall apply only to the shift in which the vacancy occurs and not to any other shifts. This provision also shall not apply if the Chief of Police approves an exchange of shifts as provided for in Section 5 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift /days off pick. 7. A seniority list by shift and work assignment shall be established. When the Department calls in for or holds over personnel, the seniority list shall be utilized, except in an emergency or unusual situation. NEW ARTICLE: AMERICANS WITH DISABILITIES ACT Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever action may be necessary to comply with the Americans With Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans With Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ESS1435.mk 15 ,J�'L.m DirE`�Ct.or, Jp -kf -e Sic Re i. at, .1 "J."Y C S CY01II Re: 5/2/95 C',I'(.:)mTrI:i_s,�fi.on Aq-(,�.I.,I.da RI.e�t'.i.c..,we),I.. Ac -I-Eement, w.-.i-t,-.h [)�-Ide C'(,-.),(.,intY for, 't:-J:'i.e O.�.IdeX'..Ly Por, Liiai:iy year',s, a1_. w s, & arts vJj.th Dade COU.nt y .i. n t _-k.1 (---, Me a.1 s f or- t ki. "F. I d E r- I Y 1: r,ocycam, Fh e, (.,:r e a t, i.. o n De, -L,me.,11 h one P a I. t 11. t s a 1: u pel�' 01:1 ;),I_ II volunteers who rura Lie pr(:)qxaxn at the South Miafrro.. J. Sej.--jJ..o:r- Center In addit."A-ort to serving over- 22, 000 mea.1s, annua'.Lly, 1--.'I:-ie City also pr-ovides i-lon-:Food ser-vice acrivities for, t.he sen.-I..(.),rs Orl a YE?EI:11 .i-ound basis. SOTRe (,:)f the programs include holiday pa.rt..Le,,.-.,, arts and crafts, riut:rition classes, transpo:r.,tation to the 'EX)CLO:r, Dentist,-,, g-r,oce:r,y stores, and other services C"it"Y' staf:f:. also delivei-s approximately 30 1-Tteals weekly to hameboLind clients, and over* 61.) spec-ia.."L dieL. meals E_i*orn Miami Hos*,pita].. on Li week-ty bL:I.SJAE3. This groqram has I.,)een a tremendous *bene:Eit t-, o, the :r,-3s -_ dent- olL South Miami and I am :recommending that we r`enew OUr agreeiTt(.-_,rIA_ WJ.A.A:1, Bade a de County. .1 j,eqaesI...iri(,j- t1iat. you jp".Lac(,�� Iche May. 2, '1.995, CJ ty Cbmmis,,sion agei'lda.. Thank you. JCImsl_ \WI,l)0(,rI\l:;l,j)xr.T.Y . MA'IN'S1Y2)COXIO, r. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 3 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING 4 THE CITY MANAGER TO EXECUTE AN AGREEMENT TO 5 CONTINUE THE CITY'S PARTICIPATION IN THE MEALS 6 FOR THE ELDERLY PROGRAM. 7 WHEREAS, the City of South Miami participates with Dade County. 8 in the Community Action Agency's Meals for the Elderly Program; and 9 WHEREAS, in order to continue participation in this program, the City 10 Administration has recommended the execution of a renewal agreement. 11 Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 13 Section 1. That the City Manager is hereby authorized to execute the 14 Renewal of Agreement attached hereto as "Exhibit 1" to continue the City's 15 participation in the Meals for the Elderly Program. 17 18 19 20 PASSED AND ADOPTED this day of May, 1995 21 ATTEST: 22 23 24 25 26 27 29 19 Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney cAwpdocs \meals. ag reement95 APPROVED: Neil Carver Mayor METROPOLITAN DADE COUNTY, FLORIDA METRO DADE March 31, 1995 Mr. Eddie Cox City Manager City of South Miami 6130 Sunset Drive Miami, FL 33143 Dear Mr. Cox: COMMUNITY ACTION AGENCY Elderly Programs Division 395 N.W. 1st STREET MIAMI, FLORIDA 33128 -1698 (305) 347 -4654 FAX (305) 347 -4661 Enclosed are contracts between Metro -Dade Community Action Agency and the City of South Miami for meal service at Lee Park (South Miami) Senior Center for the 1995 program year. Would you please complete all forms, secure the appropriate signatures and return the contracts to us. If there are questions; 1�:can be reached at 347 -4649. Sincerely yours,. if �r"enda R. Jones Director < ° Meals on Wheels Program f, to V' X'� �� BR! /elm RESOLUTION RESOLUTION AUTHORIZING EXECUTION OF CONTRACT(s) WITH METROPOLITAN DADE COUNTY AND City of South Miami FOR THE PROVISION OF SOCIAL SERVICES. WHEREAS, this Board desires to accomplish the objectives as outlined in the scope of services. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE City of South Miami approves one contract with Dade County Community Action Agency in the amount of —o— for the provision of Meals for the FT,rlerly Prngram services for the Fiscal Year 1994 -1995 and authorizes Mayor and City Manager , to execute same for and on behalf of City of South Miami The foregoing resolution was offered by Mayor Neil Carver , who moved its adoption, the motion was seconded by and upon being put to a vote, the vote was as follows: The Chairperson/President thereupon this resolution duly passed and adopted this day of , 1994. Signature - Chairperson/Officer Neil Carver, Mayor 0 ATTACHNIENT A Metro-Cade County Disciosure Affidavit g Eddie Cox, City Manager being first duly sworn, state: I. The full bgat name and business address of the person or entrty contracting or trarLU=rbg business with Dads County are: City of South Miami 6130 Sunset Drive South Miami Florida 33143 Eddie Cox, Cif Manager 2. If the cant�aci or business transaction is with a corporation, the full legal name and business address shit!t be provided for eac:h offtw and director and each stoeidhotder who holds directly or indirectly five percent (5 %) or more of the corporation's stock, ff the cointi ct or business tran- saction is with a tnsst, the full legal name and address stall be provided for each trustee and earn beneficiary. All such names and addresses are: N/A 3. The full legal names and business address of any outer individual (other than subcontractors. matenalmen, suppliers, laborers. or lenders) who have, or will have, any interest (legal, ecuttable. benficisi or otherwise) in me contract or business transaction with Dade County area: N/A Post Office Box Addresses Not Acceptable. (See instructions on bacit: use separate anacrted pages, if necessary.) SWORN to and subscribed befpr rile this DATE; ® day of , 19—. NOTARY PUBLIC 19 NAME OF AFFIANT (Print or 7yoet State of- at large. SIGNATURE 1.5J4dJJ.Qj.J 41JJ My Commission Expires: Federal Employer identification • DISCLOSE t0�30/89 or Owners Social Security Numoef 9 a additional one year periods, subject to approval by the COUNTY, SOI:77 MIAMI, and CAA; d. Indeminification: SOUTH MIAMI understands and agrees that it is are independent contractor and agrees to indemnify and save the COUNTY harmiess from any and all claims, liability, losses and causes of action which may arise ou± of SOUTH MIAMI negligence in the fulfillment of this Agreement. SOU':`_: MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in de name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter 11A, Article IV, Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background; ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area 1([ 4 7 of employment because of age. SOUTH MIAMI further agrees to abide and z governed by Section 504, of the Rehabilitation Act of 1973, as arneYadcc( 794, which prohibits discrimination on the basis of handicap, and the Americana. with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. f Severability of Provisions: If any provision of this Agreement is held invalid, L." remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A - H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. 5 /Y IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to lbe executed by their duly authorized officials the day and the year first written above. CITY OF SOUTH MIAMI CITY MANAGER CITY CLERK SEAL Syr 6 METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD OF C0 T, ;F-1' COMMISSIONERS COUNTY MANAGER HARVEY RUVIN, CLERK DEPUTY CLERK Approved by County Attorney as to form -.( ,id legal sufficiency. RENEWAL AGREEMENT This Renewal Agreement is entered into this day of , 19 , in ?!!7 ~F Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the r State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Strut, Mia-1 , Florida 33128 and the City of South miami, a political subdivision of the State of Florida, d _' - l Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's Meals our Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for Eld: r PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAM facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: if 1.1 SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the 0a -jed d i { the dining room, kitchen and restrooms of the facility, Monday through Fid:!, except holidays, from 8:30 A.M. until 2 :00 P.M.; s b. To provide maintenance services daily and on an as needed basis, C. To provide tables, chairs and other furnishings as required for the operation c f fife PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; r e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers-, g. To provide for at least one star person to conduct food service and non -food service activities for PROGRAM participants, including but not limited nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. 14 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for or*le noA: °A xr meal, per person, per day, to sixty -five (65) participants of the SOUTH meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b. CAA will provide assistance in obtaining staff from local schools and �,oileges to provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc. 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writing directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to c the other party by certified mail- return receipt requested. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for RENEWAL AGREEMENT This Renewal Agreement is entered into this day of , 19 in Mk=1, Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the P State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street, Florida 33128 and the City of South miami, a political subdivision of the State of Florida, 6;._3" Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms a.-Pd, conditions pursuant to which SOUTH MIAMI shall continue participating in CAAs Meals 1'1__": Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for Eld'eAi i PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: M s a. To make available to the participants of CAA Meals for the Eid y ; the dining room, kitchen and restrooms of the facility, Monday through except holidays, from 8:30 A.M. until 2:00 P.M.; b. To provide maintenance services daily and on anus needed basis; C. To provide tables, chairs and other furnishings as required for the operation )r. PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, including but not limited to nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. 11 c 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for ud.c ;~ meal, per person, per day, to sixty -five (65) participants of the SOUTHi'_�': meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b. CAA will provide assistance in obtaining staff from local schools and colle,; ms provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc, 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writing directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail- return receipt requested. C. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for Af 3 ,y additional one year periods, subject to approval by the COUNTY, SOS T -F MIAMI, and CAA; d. Indeminification: SOUTH MIAMI understands and agrees that it is ar, independent contractor and agrees to indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of action which may arise oto cf SOUTH MIAMI negligence in the fulfillment of this Agreement. S0L) ]F' MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in t "A" name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter IIA, Article IV, Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 200() D &E) and Title VIII of the Civil Rifhts Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background, ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area m 11 of employment because of age. SOUTH MIAMI further agrees to abide and be governed by Section 504, of the Rehabilitation Act of 1973, as amended 794, which prohibits discrimination on the basis of handicap, and the Americans with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. f. Severability of Provisions: If any provision of this Agreement is held invalid.; El?e remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A m H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to executed by their duly authorized officials the day and the year first written )bove, CITY OF SOUTH MIAMI CITY MANAGER CITY CLERK SEAL 11 METROPOLITAN DADE COUNT', FLORIDA BY ITS BOAR-1) COMMISSIONERS COUNTY MANAGER HARVEY RUVIN, CLERK DEPUTY CLERK Approved by County Attorney as to form and legal sufficiency. RENEWAL AGREEMENT This Renewal Agreement is entered into this day of 119 , in Miami, Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street, Miami, Florida 33128 and the City of South miami, a political subdivision of the State of Florida, 6130 Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's Meals for Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for Elderly PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1. l SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the Elderly PROGRAM the dining room, kitchen and restrooms of the facility, Monday through Friday, except holidays, from 8:30 A.M. until 2:00 P.M.; b. To provide maintenance services daily and on an as needed basis; C. To provide tables, chairs and other furnishings as required for the operation of the PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection, e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, including but not limited to nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. 14 2 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for one noon -time meal, per person, per day, to sixty -five (65) participants of the SOUTH MIAMI meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b. CAA will provide assistance in obtaining staff from local schools and colleges to provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc. 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writing directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail - return receipt requested. C. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for )1 3 additional one year periods, subject to approval by the COUNTY, SOUTH MIAMI, and CAA; d. Indeminification: SOUTH MIAMI understands and agrees that it is an independent contractor and agrees to indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of action which may arise out of SOUTH MIAMI negligence in the fulfillment of this Agreement. SOUTH MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter 11A, Article IV, Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background, ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area if of employment because of age. SOUTH MIAMI further agrees to abide and be governed by Section 504, of the Rehabilitation Act of 1973, as amended, 29 USC 794, which prohibits discrimination on the basis of handicap, and the Americans with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. f. Severability of Provisions: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A - H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to be executed by their duly authorized officials the day and the year first written above. CITY OF SOUTH MIAMI METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS CITY MANAGER COUNTY MANAGER HARVEY RUVIN, CLERK CITY CLERK SEAL Iq DEPUTY CLERK Approved by County Attorney as to form and legal sufficiency. RENEWAL AGREEMENT This Renewal Agreement is entered into this day of 19 in Mia-IN., Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street, 1�, iarai, Florida 33128 and the City of South miami, a political subdivision of the State of Florida, 6 Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's 1"'if Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for E!dcdy PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAI-,4i facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: H I c 1.1 SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals fbi r te " le!., the dining room, kitchen and restrooms of the facility, Monday thrcu vh ? _ except holidays, from 8:30 A.M. until 2:00 P.M.; b. To provide maintenance services daily and on an as needed basis; C. To provide tables, chairs and other furnishings as required for the operation c t' _~ PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, including but not limited -,,) nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. 14, 2 s i4 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for one n.o meal, per person, per day, to sixty -five (65) participants of the SOUTH MIA. meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b. CAA will provide assistance in obtaining staff from local schools and colleges .a provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc. 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writing directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail- return receipt requested. C. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for I additional one year periods, subject to approval by the COUNTY, SOT 77 MIAMI, and CAA; d. Indeminification: SOUTH MIAMI understands and agrees that it is an independent contractor and agrees to indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of action which may arise out cf SOUTH MIAMI negligence in the fulfillment of this Agreement. SOIL-- - MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, it tL-,, name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter IIA, Article IV, Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background_ ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area 14 4 r of employment because of age. SOUTH MIAMI further agrees to abide and governed by Section 504, of the Rehabilitation Act of 1973, as ainen6�d, �9 794, which prohibits discrimination on the basis of handicap, and the American—, with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. f. Severability of Provisions: If any provision of this Agreement is held invalid, :± remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A - H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. d 1* 5 IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement t(1 'e executed by their duly authorized officials the day and the year first written above, CITY OF SOUTH MIAMI CITY MANAGER CITY CLERK SEAL METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD OF C0 TUFF° COMMISSIONERS COUNTY MANAGER HARVEY RUVIN, CLERK DEPUTY CLERK Approved by County Attorney as to ford and legal sufficiency. 0 RENEWAL AGREEMENT This Renewal Agreement is entered into this day of , 19 , in Miarni, Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street; Miami. Florida 33128 and the City of South man-ii, a political subdivision of the State of Florida, 613'C"f Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's Mealss Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM, WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for Eldcr'1V PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 9 L1 SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the .mil fed -y ?R,.3(----' „t the dining room, kitchen and restrooms of the facility, Monday throuqqh except holidays, from 8:30 A.M. until 2:00 P.M.; b. To provide maintenance services daily and on an as needed basis; C. To provide tables, chairs and other furnishings as required for the operation, ;c -f tx -, PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, including but not limited .o nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. '%k 2 �y 1.2 1.3 The COUNTY agrees: a. To provide and make payment 'directly to the vendor the cost for ),ne moon meal, per person, per day, to sixty -five (65) participants of the SOUTH 1R%AJA._l°,1 meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b. CAA will provide assistance in obtaining staff from local schools and college°: provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc. The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writing directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail - return receipt requested. C. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for s 0 additional one year periods, subject to approval by the COUNTY, SOS f—_, ; MIAMI, and CAA; d; Indeminification: SOUTH MIAMI understands and agrees that it is ac, independent contractor and agrees to indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of action which may seise out of SOUTH MIAMI negligence in the fulfillment of this Agreement. S0TJT'_ MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter 11A, Article IV Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act. of 1964 (42 USC :2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background, ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area of employment because of age. SOUTH MIAMI further agrees to abide a,_!d l , governed by Section 504, of the Rehabilitation Act of 1973, as wner ded i 794, which prohibits discrimination on the basis of handicap, and the American-, with Disabilities Act of 1990 which prohibits discrimination against qualified 4 persons with disabilities. f. Severability of Provisions: If any provision of this Agreement is held ?n "valil;j. s. remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A - H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. 14 5 IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to be executed by their duly authorized officials the day and the year first written above. CITY OF SOUTH MIAMI METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD OF C U 4 "I "17 COMMISSIONERS CITY MANAGER COUNTY MANAGER HARVEY RUVIN, CLERK CITY CLERK SEAL 14 DEPUTY CLERK Approved by County Attorney as to form and legal sufficiency. RENEWAL AGREEMENT This Renewal Agreement is entered into this day of J9 , in Miami.. Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street,, Miami, Florida 33128 and the City of South miami, a political subdivision of the State of Florida, 613; Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's Meals for Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for Elderly PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: a 1. l SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the Elded,,r %t the dining room, kitchen and restrooms of the facility, Monday through F, jj;-:,, J except holidays, from 8:30 A.M. until 2:00 P.M.; b. To provide maintenance services daily and on an as needed basis, C, To provide tables, chairs and other furnishings as required for the operation PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, including but not limited to nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. 0 2 d 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for on c; meal, per person, per day, to sixty -five (65) participants of the SOUTH meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b, CAA will provide assistance in obtaining staff from local schools and college c. provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc. 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writir;g directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail- return receipt requested. C. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for I't 3 I additional one year periods, subject to approval by the COUNTY, SOU`"'- MIAMI, and CAA; d. Indeminification: SOUTH MIAMI understands and agrees that it is an independent contractor and agrees to indemnify and save the COUNTY" harmless from any and all claims, liability, losses and causes of action which may arise out cf SOUTH MIAMI negligence in the fulfillment of this Agreement. SOU'L"< MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in to o name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon. e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter 11A, Article IV, Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background_ ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area 14 4 of employment because of age. SOUTH MIAMI further agrees to abide and ?e governed by Section 504, of the Rehabilitation Act of 1973, as amended, -29 1 794, which prohibits discrimination on the basis of handicap, and the Americans. with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. f Severability of Provisions: If any provision of this Agreement is held invalid, remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A - H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. e M 5 IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement ec be executed by their duly authorized officials the day and the year first written above. CITY OF SOUTH MIAMI METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD 10F COMMISSIONERS CITY MANAGER COUNTY MANAGER CITY CLERK INk HARVEY RUVIN, CLERK DEPUTY CLERK Approved by County Attorney as to form arid legal sufficiency, RENEWAL AGREEMENT This Renewal Agreement is entered into this day of J9 Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the i State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street, 1,:rapi, Florida 33128 and the City of South miami, a political subdivision of the State of Florida, F Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms axed conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's Meals Yor Elderly Program (PROGRAM). WHEREAS, Resolution No. 1364 -94 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Alliance For Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM, WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for Eldcriy PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, located at 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1. l SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the Dlderl�ul_ the dining room, kitchen and restrooms of the facility, Monday through Prid «. -rs except holidays, from 8:30 A.M. until 2:00 P.M.; c b. To provide maintenance services daily and on an as needed basis, C. To provide tables, chairs and other furnishings as required for the operation oi. dh_ PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the preparing, cleaning and serving of meals including but not limited to garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, including but not limited to nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide all services and items specified in this Section at no cost to the COUNTY, CAA or the PROGRAM. 14 d s 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for one meal, per person, per day, to sixty -five (65) participants of the SOUTH ML -112 meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement; and b. CAA will provide assistance in obtaining staff from local schools and colleg -'s <i provide PROGRAM participants with non -food service activities including but not limited to crafts, nutrition, education, exercise, music, discussion groups, etc. 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notice: That every notice required under this Agreement shall be in writing directed to the parties at the respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 b. Termination: This Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail - return receipt requested. C. Effective Term: This Agreement shall become effective January 1, 1995 and shall continue through December 31, 1995. This Agreement may be renewed for 14 3 z additional one year periods, subject to approval by the COUNTY, SOI iT MIAMI, and CAA; d. Indeminification: SOUTH MIAMI understands and agrees that it is an independent contractor and agrees to indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of action which may arise out of SOUTH MIAMI negligence in the fulfillment of this Agreement. SOUi 11 MIAMI, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon e. Civil Rights: SOUTH MIAMI agrees to abide by Chapter IIA, Article IV, Sections 21 through 23 of the Metropolitan Dade County Code, as amended, regarding nondiscrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discmination of race, color, sex, religious background, ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as amended, which provides in part that there shall be discrimination against persons in any area N 4 1 r of employment because of age. SOUTH MIAMI further agrees to abide �a . governed by Section 504, of the Rehabilitation Act of 1973, as amended, .29. . : 794, which prohibits discrimination on the basis of handicap, and the Americ;,vnS.. with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. f. Severability of Provisions: If any provision of this Agreement is held i v aiid, remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. g. All Terms and Conditions Included: This six (6) page Agreement with its attachments as referenced Attachments A - H, Metro Dade County Affidavits, as required by the Board of County Commissioners contain all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement t` executed by their duly authorized officials the day and the year first written above. CITY OF SOUTH MIAMI METROPOLITAN DADE COUNT` -', FLORIDA BY ITS EC,��F..D OF COMMISSIONERS CITY MANAGER COUNTY MANAGER CITY CLERK SEAL 14 HARVEY RUVIN, CLERK DEPUTY CLERK Approved by County Attorney as to form and legal sufficiency. ATTACHMENT C FAMILY LEAVE PLAN AFFIDAVIT Name of Firm: City of South Miami Contract Reference: Name of Person completing Affidavit:Eddie Cox No. of Employees: Position: City Manager Phone Number: (305) 663 -6338 I, Eddie Cox being first duly sworn state: That in compliance with Ordinance $142 -91 of the Cade of Metropolitan Dade county, Florida, the follovinq information is provided and is in compliance with all items in the aforementioned ordinance. An employee who has worked for the above .firm for at least one (1) year Shall be entitled to ninety (90) days of family leave during any twenty -four (24). month period, for medical reasons,for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. Signature Date SUBSCRIBED AND SWORN TO (or affirmed) before me on (DATE) by (Affiant) . He /She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Serial number) (Print or Stamp Name of Notary) (Expiration Date) ' Notary Public Notary Seal (state) ATTACHMENT D DRUG -FREE WOREPT -Ar AFFIDAVIT Name of Firm: City -of South Miami Contract Reference: Authorized Agent completing Affidavit: Eddie Cox Position: City Manager Phone Number: (305) 663 -6338 I, Eddie Cox , being first duly sworn atata: That in compliance with ordinance t92 -15 of the Code of Metropolitan Dade county, Florida, the* above name firm is providing a drug -free workplace. written statement to each employee shall inform the employee about: 1. dangers of drug abuse in the workplace 2. the fir.a's policy of maiataiming a drug -free environment at all workplaces.. 3. availability of drug counseling, rehabilitation and employee assistance programs. 4. penalties that map be imposed upon employees for drug abuse violations. The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer o:- any criminal drug conviction occurring no later than five (5) days afte° receiving notice of such conviction and impose appropriate personnel act-on against the employee up to and including termination. Signature SUBSCRIBED AND SWORN TO (or affirmed) before me on 74 (Affiant) Date (Date) He /She is personally known to me or e presented, as identification. (Type of Identification) (Signature of Notary) (Print or Stamp Name of Notary) Notary Public (state) (Serial Number) (Expiration Date) Notary Seal 10 ATTACHMENT E Iretro— Dad® CatzntY Caba itgidavit In compliant with Metropolitan Dada County Resolution Number R- 65 8-93, I, Eddie Cox being first duly sworn, state that neither the firm (individual, organization, corporation, etc.) submitting this bid or proposal or receiving this contract award nor any of its owners, subsidiaries, or affiliated or related firms, are in violation of the Cuba Democracy Act of 1992. BY: .190 Signature of Affiant Oat* Eddie Cox, City Manager 5 /9/6/0/0/0/4/3/1 Printed Plano of AlRam and Tttla Federal Employer I.O.Number or Owners Soaal Secunty it City of South Miami Printed Name of Arm 6130 Sunset Drive South Miami, Florida 33143 Addreeo of Firm SUBSCRIBED AND SWORN TO (or aftnWO befors the this by . Htl%* is personally known to me or has (At%wvd presented as identification (7ype of Idenuficadon) Mgn nure of Nouo-tj rseriai NuMorl (Print or Stamp Name of Notary) fEapiraoon Deal Notary Public Notary Seal Mtate) ATTACHMENT F w THIS FORM MUSE BE SIGNED AND SWORN TO IN THE PRESE2gCE OF A NOTARY ?LrBJC OE OTC OFFICIAL. AU HORL=.Tt3 ADAQNISM OATSS. 1. 'This sw+orl suteaxat b submitted to Metro Dade County (geiat by Eddie Cox, City Manager name o( tits NOW eatit7J (grist iadlrldwWs name aad title) foT (print nano ad aaQt7 sabmittiag 6worx sma MMI) wboee business ad4resa it 6130 Sunset Drive South Miami, Florida 33143 And (It appitabte) its Federal Pmpboyor Identi kadon Number (FEIN) is S9-6000431 (If the entity has no FEN, include the Social Seearity Nrrm the individual 9gling this swgra attemear ) 2. I nndeustwXi that a 'public entity crime as dodged is Paagraph 237.133(1)0, mesas violation of any state or federal law b7 a peracsa with respect to Dad du=ly ralt w to the traasacdon c business with any pab0c entity or with as agency or politiol stibdhisioa of any otha state or of the Unite States, including, bat not limited to, asp bid or contraa for goods or aervicra oo be prVvided to Day publ. entity or an agency or political sabdhidoa of Dap ocher sate or of the United States Dad Wyobtag antitres fraud, theft, bribery, collusion, racitetee in; conspiracy, or. material =breprCft0tad= 3. I understand that 'Convicted' or'waviaion' as dedaed in Paragraph 237.L33(1)(b) EkrWa SMML mei.,c a finding of rot or a conviction of a pabile entity Dime, with or without an adjudication of Path, in ar federal or state trial :court of record relating to d arges brought by indictment or information after July 1989; as a result of a jury v+erdiq nonjury trtai, or entry of a plea of guilty or nob contendar- d. I understand that an `salute' as dadned in Paragraph 287 33(1xa), EgtWa St2== mes= I. A. prcdeczssor or sa==W a a person ctlavk%ed of a pabiie entity crimA or ' 2. Act entity Dade the control of Day Hamra! person wbo is aafve in the mantlew at of the entity act. wtlo het bees ccaviaed o! a public entity crime. The term %ffijjate iactud" those of O=%, duu=r- Ct=d%mm Pte• sl urAohmm =Flo}ees, members, and agues wbo are, active in the mmaa;emeat c an Afffilua. The ows oruip by oar paraoa of shares aonstitatiag a controuing interest in another persce or a pooling of equipment or U== among petsom wbea not Jw Wr amulet value under as arm's aPt==4 ahaa be a prtm hdo are test one person coatroi aaabrr paw& A person wbo imcwuLV eater into a ¢olasventw$ with a'POWs wbO hue been convicted of a pabtic entity aims in Florida duns the Mcedia; 36 =CUM shill be considered an alffiiste, S. I understand that s `person° as deg aed in Paragraph 237.133{1)(e� Fl2CIda Statacm mesas any oarux- Person or entity organized Dade the laws of any state or of the United States with the legal power to eats: into A binding contract and wbkh bids or applies to bid on contracts for the prevision of goods or sewing let by a public entity, or which otherwise transacts or applies to transact business with a public entry. The term 'Person' indudcs those OdSoc� directors, CCC=tives, partners, shareholders, em agent wbo are ac.N ea e in mararmt of an entity. PbY�, members, sac IN 6 Sasad on cstgc=dcu and bef-od the state==t xt.;Ck I br/c a wkad bairn is nua is reiatio sabudrd s9 ttsis IwOru sutemeat aadieate WbICh a�aacmeae applts.l a :o cha eartq Neither the c2 dty snbtaatting ttus agora statetaent, aor aaf of its oL'"l s, djr*=M. C==tw,=, pa mas, 3b=tbDLd=%v aaplcyegz, tttemb=l, cr az s who arc actzve in the z aageztat of tl2c =ttry, acr any aajMIjta of dA (=city has beta e1 with and convicted of a public encity cunt =bseq>acat to July 1, LIM. T tc eatiq sabmirdzj this sworn ===z , or cat or more of its off=: disectcra, cw=thM parami. shSrChokkcst employam, m=bcm tar sea" who are =iw in the tZ1.1171 eIIL of the nutty, or an afsnlate a the Cathy has b= mad WM 22d COUViMCd of a public entity Cr= subsequent to Jttly L I-M . Tbc entity subcUnlas this sw m stau==LL of cad or Laos cf Its oak= dirazots, emXxtN'es, parm s, 3buvboideem, employacs6 ==bcm or stoa who acs active is t 4 uu=gc--zeat of the eattty, or an 211"isae of the ectity has been charged wfth and aoa+iewd of a +mthy � =bsequeat to Intl► 1.1989. However, itsa"e has beta a sW=qucnt prang before a 1��; Offca of tbA State of F=i<y om Heariav and the F1zd Oft M=vd by ttse Heniag OM= daumined that it � to the pubUc 'iLQldz to Pia= the cudITsaXoiUL4 this sworn sateen= oa tb4 CJaA=cd'"=dcr last, ["tack a ttspl of the final order] L•L. aJ:. f• :•' • f • •t:K �: CM' • Lf�: :• f t :• fM: K t as • ati� s Ja a•ev: • sa- ;..�eC a s • f • it of s _ -. • • : ;+ � �s.. 7 . tiq�5r. � . -, • . s • •r e : r a_ ! • r a e • tat s eat: a fi Sw= to and sab=%bW lie m sit tb's _ day of . 19 Ptao=ay tsown • - •.. _ ..— s. crypt of id= tii'=dcu) Form PUR 706a (Rev. O6n&42) Notay Pobbc - State of .` Nt ion CCPILM cc mmmtssio d n=c of =Carl gabuc) ATTACM E:i T H Before me, the undersigned authonry appeared Eddie Cox (print name), [he City Manager (pnnt title) of City of South Miami (print name of Bidder or Proposer), who attests that (print name of bidder or proposer) as of the date of bid or proposal submission: - has not been convicted of a felony during the past ten (10) years, nor does it, as of the date of bid or proposal submission, have an officer, director or executive who has been convicted of a felony during the past ten (10) years. has been convicted of a felony during the past ten (10) years, or as of the date of bid or proposal submission, has an officer, director or executive who has been convicted of a felony during the past ten (10) years. When the Proposer/Bidder is an individual: By: (Signature of individual) (Address) (Printed name of individual) When the ProposerBidder is a sole proprietorship or operates under a trade name: (Printed name of firm) By: (Signature of individual) (Address) (Printed name of individual) LLhen ncc Propose: Bidder is a parme.-siiio: When the Proposer /Bidder is a corporation: (Corporate. Seal) 2 (Printed name of partnership) BY: (Signature of partner) (Printed name of partner) (Address) (Printed name of corporation) By: (Signature of President or Vice - President and capacity) By: (Printed name of President or Vice - President) (Business address of corporation) % hen the Proposen,Bidder, is a Join< Venture: (Printed name of joint venture) By: (Signature) (Printed name of joint venture) (Business address of joint venture) STATE OF FLORIDA) SS COUNTY OF DADE .) The aforegoing instrument was acknowledged before me this day of 19_, by on behalf of who is personally known to me or has produced as identification and who [ ] did [ ] did not take an oath. Notary Signature: Type or Print Name: Notary Seal: N 6 METRO -0ADE EMPLOYMENT DISCLOSURE AFFIDAVTT (County Ordinance No. 90 -133) Name of Flan: City of South Miami Federal I.D. No.: 59- 6000431 It none, Sooal Securl'ty No.: Print Name of Person Compiebrig Afl9davit (A IMO: Eddie Cox 7M0: City Manager 1. Eddie Cox being first duly sworn state: iAfi�nq That in compiiance with Section 2-8.1. Subsection (d) (Z- the following ftxmsbcn and Aftbchl»enz are provided and are in comp4ance with all Items m the aforementioned Section: 1. Does your f(rm haw a cobecdve bargaining agreement with tts arnpioyees? _1Yes No 2. Does yotu firm provide paid health Gird berufils for Its ernpioyesa? XX Yes No 3. Provide a m rrerrt breakdown of your firm's worst force and ownership as to race, national origin and gender. White 32 _males 17 Females Aaerican Indiaa: Pules _Finales Sispanic: 22 males 16 Females Aleut(Eskim ): males Females Black: 31 males 9 Females Other 1 males Females Haitian: males Females _`males Females oriental: males Females males F =" leJa_ males Females males Females males Females males -Females males Females miles Fee)ales Malec Females Males -Feetisles syo (l +sature 01 A act) (Date) 19 SU®SCRZ!)JCS AJM SVC" To (or afllreN) before ee this day of .lt (Date; —� by Me /iM i• personally known to (Aflaant) or has presented (Type 01 Idesti icatiae) Y identifieatiee. (Signature.oi Rotary) (Print or steep Name O )qtr) Notary rublie (state) Rev. 11/16193 (Soria rueeer) (EXPirataon Date) JJotary Seal ATTACHMENT G DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE NAME OF FIRM, CORPORATION, OR ORGANIZATION City of South Miami AUTHORIZED AGENT CO,%4PLETING AFFIDAVIT: Eddie Cox POSITION City Manager PHONE NUMBER: ( 305) 663 -6338 I Eddie Cox , being duly first sworn state: That the above named firm corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services, Title III, Public Accomodations and Services Operated by Private Entities ; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631 SUBSCRIBED AND SWORN TO (or affirmed) before me on by (Afliant) presented He/She is personally known to me or has ( Type of Identification ) ( Signature of Notary ) ( Print or Stamp Name of Notary) Notary Public ( State ) as identification. ( Serial Number) ( Expiration Date ) Notary Seal Signature Date ( Date ) _ _ "4114001 lft.- Aiimmm Immulum I Cm T." 9 �Ilil d C ox ("it'y. Manag;(::Ir CYET, .1,41JINIA"E" Jim Cowen, e', -),.rks &- R('=�creatlon 1'. [I)artment::. MEMOR21WI)TINT, Date, AgUil. 24, Metz'o I)ad(--t County MeLro Dade County has a surplus mini - -bus that J.-s ava.i.lab..Le to. L.,fte Qrocj -aat. of (7--.�.Ly of South Mi.aiTi:J... for u. se ::i-n. ouj S)eT'll'c'Xcc:,) Y� j . I.t i s v-e,Li i c 1. e L' ' 0 L.LIE-�� City. CA.: Sou.th. Miaini <C:Y bee:c.L r.aii. -:rta a.c do. 1--h.rough :i-iegotiat,ions with. I'Aucy, Diaz, �AidE to "Phis vehic,'Ie w-1-1.1 aid. Rec:t.-eatim-i Departmcznt in Sei-.iiors involved in our program. 'Ph.ere JUs a need for a mi.ni.-.'bus of this type in c:)u.-r departme.ca-l-, I am therefore very rT.iu in favor of this proposal- I that this itc=m -placed on the May 2nd, 1,995, City agenda. for their approval. " . ic/nIst c : \IVj)d oc s\IJ ona Lcd . mA n I buf395 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING A DONATION OF A MINI -BUS FROM METROPOLITAN DADE COUNTY FOR THE MUNICIPALITY OF SOUTH MIAMI, FLORIDA. WHEREAS, the Dade County Commission has graciously agreed to donate a mini -bus that the County will no longer be using; and WHEREAS due to the efforts of Metropolitan Dade County Commissioner Pedro Reboredo's office, this mini -bus will be donated to the City of South Miami for use in the City's Recreation Department; and WHEREAS, the City of South Miami expresses gratitude for this most generous contribution by Commissioner Reboredo and for his continuing attention to the needs of South Miami residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF,THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City of South Miami is accepts the donation of a mini -bus ( #1- 8515) from Metropolitan Dade County, Florida. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: NEIL CARVER, MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY &A low CItU INTER - OFFICE MEMORANDUM TC: Mayor and City Commission FROM: Earl G Gallop, City Attorney M Ordinance. creating 1IRS945" Small. Lot Single - Family Residential District: and changing acninq for MdKeever. Terrace subdivision to RS, 5 DATE a, April, 2$1 1995 The proposed' ordinance (1) creates a $on�ng., category for established {built -out) small .lot . o1ngIe family residential subdivisions which :have front lot widths o:E.at least 50 -feet and (Z) changes the zoning fort he McKeever Terrace subdivision from to the new RS -5 Category. The purpose of the ordinance %, is . t+o recognise the built -taut nature .of*. certain older subdivisions,. and specifically the McKeever. Terrace subdivision, in the northern part of the. city. Thee effect of. the ordinance is:...to change the. legal . classification. of lots in.. the Neftever Terrace .subdivision L f path nonconforming lots. of records to conforming. lots. It is.. belevefd. that this change 4ill encourage . inverstments. , by, ''home%jwnere to upgrade 'their :propsrties grid facilitate. the. resale value of the ;prap�rties.. . The. McKeever Tenrac.e..,subdivis.ion was platted in 1.9 4 for 50 foot . lots. it is virtually completely built -out.. Zoning 1=' ntago reguir+sments have varied 'through the years., A 75-foot ; frontage requirement. was in' off6ct from ; June 15, 19,5x4: to Jung, 8:1 .X971 P A, subsequent 50 -foot requirement lasted until october ,Z5,. 19.:8,9. then tine city adopted the: land development ,codoe, ;it: epprove�d a. 60400t, requirement. The current 60i.- foot ..requirement is nonsistent *ith the Intent of. the comprehensive p�.an.to sanction and encourage subdiivision it. an .Anomal ybeciuse . many subdivisions- Mt*Keever Terrace y to tbe couth are:, characterized . by larger: than: 50—foot. lots.. 'The City Commission has the legisla: tive :power to create the RS -5 category if it- determines that it is jA the.:best interests of lot- size requirement h o:> the. :com �;�, intent with .the 50-i:wct minimum city. p heneive plan. The proposed ordinance .is' inspired; but not compelled, by. -the Melton litigation. T `do not bolieve that pltintiff, dan. prove. that . there is, no reasonable basis for 60.foot minimum. lot, frontage requirement: However, irrespective of the pending litigation: the . _City Commission could determine that the, ordinance is in the public 'interest, which specifically includes the Owners in the aubdty sion,:, air:, well - as the rest . of.: the owners :anti teoid6bts of ` the city' �3eggl�asord.u�m ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND DEVELOPMENT CODE, PROVIDING FOR "RS -5" SMALL LOT SINGLE FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING CLASSIFICATION FOR THE MCKEEVER TERRACE SUBDIVISION; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted a land development code on October 25, 1989; and, WHEREAS, prior to the adoption of the land development code, certain single family residential subdivisions containing lots having 50 -foot frontage on public rights of way were established as lots of record; and, WHEREAS, certain of these 50 -foot frontage residential subdivisions, and in particular, the McKeever Terrace subdivision, are completely or substantially built -out; and, WHEREAS, from time to time the minimum frontage requirements under various zoning ordinances have been 75 feet and 50 feet; and now 60 -foot frontage on public rights of way is the minimum frontage allowable under the land development code for single family residential lots; and, WHEREAS, established lots with 50 -foot frontage are nonconforming lots of record; and, WHEREAS, the Mayor and City Commission desire to create a RS -5 single family residential district for one or more built -out subdivisions having lots with 50 -foot frontange on public rights of way, and in particular, the McKeever Terrace subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article III, Section 20- 3.1(A) of the land development code is amended to create: RS -5 Single- Family (50' lots) Section 2. Article III, Section 20- 3.1(B)(5) of the land development code is amended, and subsequent paragraphs renumbered, to create: (5) "RS -5" Small Lot Single-Family (50, lots] Residential District The purpose of this district is to provide for built -out single- family residential subdivisions characterized by smaller 50' lots and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single - Family" on the City's adopted Comprehensive Plan. Section 3. Article III, Section 20 -3.5E, Dimensional Requirements, Single Family Districts, of the land development code is amended to create a category for RS -5 having the same dimensional requirements as RS -4 with the following exception: Frontage (ft) 50 Section 4. The Official Zoning Map of the City of South Miami is amended to establish RS -5 as the zoning district for the McKeever Terrace subdivision. Section 5. This ordinance is referred to the South Miami Planning Board for evaluation under Article V, Section 20 -5.5, as an application requiring public hearings, and for recommendations %G to the city commission regarding consistency with the comprehensive plan, delineation of RS -5 zoning district boundaries, establishing RS -5 zoning district for the McKeever Terrace subdivision, amendment to the zoning map, and other necessary and proper action to effecutate this ordinance. Section 6. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RS -5.ord day of APPROVED: MAYOR , 1995.