05-16-95L�J
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 16, 1995 6130 Sunset Drive, So. Miami, FL
Next Meeting date: June 6, 1995 Phone t ( 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 1S 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 - Certificates of Appreciation:
Kenneth Feldman
Andy Hessen
Officer of the Month: Sam Lawson "March 1995"
ITEMS FOR COMMISSION CONSIDERATION
1) Approval of Minutes - May 2, 1995
2) City Manager's Report
3) City Attorney's Report
May 16, 1995 - PAGE 1
CONSENT AGENDA
4. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving City Attorney fees in the
amount of $3,399.71 to be charged to Account No. 1500 -3410.
(Administration) 3/5
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, ratifying the purchase of parts for
emergency repairs to refuse collection truck #21 -38A, and
-'authorizing the City Manager to disburse the sum of $1,667.54
;from Account No. 1720 -5240, "Equipment Maintenance- Parts.11
(Administration /Public Works Dept.) 3/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the Chief of Police, upon
approval of the City Manager, to accept donations and
contributions of monies, goods or services to the Police
Department.
(Administration /Police Department) 3/5
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to accept
funds from the Federal Drug Control and Improvement Program
Grant cordinated by the Metropolitan Dade Office of substance
abuse control in the amount of $5,092 and authorizing the use
of $1, 697. 00 in Federal Forfeiture Funds as required 25% match
for Domestic /Family Violence Intervention during the 1996
Program Year; authorizing the City Manager to transfer
$1,697.00 from Account No. 15- 1910 -3490 entitled "Federal
Forfeiture Funds" as the required 25% match and depositing
funds for this purpose in Account No. 15- 0219.015 entitled:
"DOM /FAM VIOLENCE INTERV.11
none
none
(Administration) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING
RESOLUTIONS FOR PUBLIC HEARING
May 16, 1995 - PAGE 2
4
RESOLUTIONS
8. A Resolution of the Mayor and the City Commission of the City
of South Miami, Florida, relating to the Bakery Centre
Redevelopment Project; amending the effective date of the DRI
Development Order to March 1, 1996 and amending paragraph 3 of
Section 2 of the findings of fact; providing an effective
date. � � � �.-�
(Administration) 3/5
ORDINANCES - FIRST READING
none
PUBLIC REMARKS
COMMISSION REMARKS
May 15, 1995 - PAGE 3
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING CITY ATTORNEY FEES IN
THE AMOUNT OF $3,399.71 TO BE CHARGED TO ACCOUNT NO.1500-
3410.
WHEREAS, the South Miami City Commission approved Resolution
no. 99 -94 -9500 authorizing the payment of City Attorney non -
retainer legal fees and costs;
WHEREAS, the City Attorney submitted the invoices for fees and
costs which are attached to this resolution; and,
WHEREAS, the City of South Miami approves the attached
invoices.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Attorney's invoices for legal fees and
costs, which are annexed and made a part of this resolution as
composit App.1., are approved for payment.
Section 2. The amount of $3,399.71 will be charged to account
no. 1500 -3410; City Attorney - Consulting.
Section 3. This resolution will be effective upon passage.
PASSED AND ADOPTED this
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
akanyfco.m
day of May, 1995.
APPROVED:
MAYOR
Dear Mr. Cox:
OF COUNSEL
LAWRENCE S. EVANS
J. BRUCE IRVING
ROBERT E. SCHUR
SENIOR COUNSEL
WM. R. DAWES
GEORGE J. BAYA
(INACTIVE)
Enclosed are our statements for professional services rendered
and for costs advanced for the month of March, 1995. Please place
this statement on the agenda of the next City Commission meeting
for approval. I tabulated the amounts due on each individual file
as follows:
9447 -01 Marshall Apartments Prof11 Services $ 0
9447 -02 Valenti
9447 -03 Mandelstam v. CSM
9447 -04 Lien Foreclosures
Disbursements
BAILEY
HUNT & .JONES
A
PROFESSIONAL ASSOCIATION
Total Due
ATTORNEYS AT LAW
RAUL A. ARENCIBIA COURVOISIER CENTRE • SUITE 300
GUY B. BAILEY, JR.
501 BRICKELL KEY DRIVE
ELIZABETH S. BAKER
KATHY J. BIBLE
MIAMI, FLORIDA 33131-2623
SCOTT L. CAGAN
TEL. (305) 374 -5505
TIMOTHY CONE
FAX 305) 374 -6715
STEVEN CARLYLE CRONIG
Total Due
JAMES C. CUNNINGHAM, JR.
0
RICHARD M. DAVIS
$
EARL G. GALLOP
Disbursements
JUDITH B. GREENE
5.66
JEROME M. HESCH
April 20, 1995
RICHARD H. HUNT, JR.
Total Due
BRUCE HURWITZ
320.66
JESSE C. JONES
$
ADAM O. KIRWAN
Disbursements
KARIN B. MORRELL
0
Mr. Ed Cox
City Manager
Total Due
City of South Miami
0
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR
PROFESSIONAL SERVICES
City of South
Miami
Our File Nos.:
9447 -01 - 9447 -07
Dear Mr. Cox:
OF COUNSEL
LAWRENCE S. EVANS
J. BRUCE IRVING
ROBERT E. SCHUR
SENIOR COUNSEL
WM. R. DAWES
GEORGE J. BAYA
(INACTIVE)
Enclosed are our statements for professional services rendered
and for costs advanced for the month of March, 1995. Please place
this statement on the agenda of the next City Commission meeting
for approval. I tabulated the amounts due on each individual file
as follows:
9447 -01 Marshall Apartments Prof11 Services $ 0
9447 -02 Valenti
9447 -03 Mandelstam v. CSM
9447 -04 Lien Foreclosures
Disbursements
0
.Previous Balance
0
Total Due
0
Prof11 Services
$
0
Disbursements
0
Previous Balance
0
Total Due
$
0
Prof11 Services
$
315.00
Disbursements
5.66
Previous Balance
0
Total Due
$
320.66
Prof11 Services
$
0
Disbursements
0
Previous Balance
0
Total Due
$
0
Mr. Ed Cox
April 20, 1995
Page -2-
9447 -05 Melton v. CSM
9447 -06 Bakery Centre
9447 -07 General Real Estate
Prof11 Services
$
2,651.25
Disbursements
110.65
Previous Balance
Total Due
$
2,761.90
Prof11 Services
$
315.00
Disbursements
2.15
Previous Balance
0
Total Due
$
317.15
Prof11 Services
$
0
Disbursements
0
Previous Balance
0
Total. - Due- ----.
$
0
CURRENT TOTAL DU $ 3,399.71
PREVIOUS BALAN 0
TOTAL.-DUE $ 3,399.71
Do not hesitate to call me if you ave any questions regarding
these statements.
EGG:sgs
Enclosures
944700.bi1 '
:I
Very truly yours,
Earl G. Gallop
BAILEY HUNT & .JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
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RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE PURCHASE OF
PARTS FOR EMERGENCY REPAIRS TO REFUSE COLLECTION TRUCK
# 21 -38A, AND AUTHORIZING THE CITY MANAGER TO DISBURSE
THE SUM OF $1,667.54 FROM ACCOUNT NUMBER 1720 -5240,
"EQUIPMENT MAINTENANCE- PARTS."
WHEREAS, the City of South Miami provides refuse collection services for its citizens and
business community, and;
WHEREAS, on April 10, 1995, Refuse Collection Truck #21 -38A, broke down and was in need
of emergency repairs, and;
WHEREAS, the City obtained a temporary replacement vehicle, and purchased the parts on an
emergency basis to effect repairs.
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 is hereby authorized to disburse up to the sum of $1,667.54
to Power Brake Exchange for the emergency purchase of brake parts.
Section 2. That this resolution shall be effective immediately and after adoption hereof.
PASSED AND ADOPTED this day of 1995.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
17A
APPROVED
MENW1.1
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
DATE: May 8, 1995
TO: Mayor and City Commission
FROM: Eddie Cox
City Manager
RE: Agenda Item # -5
Commission Meeting, May 16, 1995
Ratification of Emergency Purchase of
parts for truck #21-38A.
On April 10, 1995, the above refuse collection truck broke down. A replacement truck was
borrowed from Metro Dade County for approximately ten (10) days, until we were able to obtain
parts and effect repairs.
The purchase of parts for this vehicle was deemed an emergency, because one of the other refuse
collection trucks was also in need of repairs, but still able to operate. The city had only one
garbage truck in operation.
The total cost of the parts to repair the vehicle is $1,667.54, and can be paid from account
number 1760 -5240, Equipment Maintenance- Parts."
I recommend approval.
D
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CHIEF OF POLICE,
UPON APPROVAL OF THE CITY MANAGER, TO ACCEPT DONATIONS AND
CONTRIBUTIONS OF MONIES, GOODS OR SERVICES TO THE POLICE
DEPARTMENT.
WHEREAS, from time to time, civic minded individuals and
organizations wish to donate monies, goods or services to the
South Miami Police Department and,
WHEREAS, upon review of these offers and acceptance by the
City Manager and Chief of Police, this is beneficial to the
employees of the South Miami Police Department and the citizens
of South Miami and,
WHEREAS, acceptance of donated monies, goods or services,
must be validated by approval of the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Chief of Police, subject to the approval of
the City Manager, is hereby authorized to accept donations of
monies, goods or services to the Police Department.
Section 2. That this resolution should be effective
immediately and after adoption hereof.
PASSED AND ADOPTED this day of , 1995.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/sv.memos.donate
APPROVED:
MAYOR
C ity +a f
PotsL+ce
South Miain.z
Dc��artaa�.�n-t
=LATER — OFF =CE MEMORANDUM
TO: THE CITY COMMISSION
FROM: EDDIE COX,
CITY MANAGER
DATE: MAY 02, 1995
SUBJECT: DONATIONS AND CONTRIBUTIONS TO THE POLICE DEPARTMENT
From time to time, various civic minded organizations and
individuals offer donations and contributions to the Police
Department. In order to facilitate the most efficient and
effective process of review and acceptance of these contributions
and donations, I am attaching to this memorandum a copy of a draft
resolution. These donations and contributions vary in nature from
monies, goods, and services. I have established with the Chief of
Police a process of:
1. review of all offers
2. acceptance or denial of offers, and
3. documentation of all monies, goods, or services
received. An example would be monies received from the
Red Sunset Merchant Association for our Officer of the
Month program. Another example would be, equipment
donated from individuals or civic groups for the police
department gym.
I recommend approval of the attached resolution.
CR /sv
To:
From:
INTER - OFFICE MEMORANDUM
Mayor and City Commission Date: May 12, 1995
Eddie Cox
City Manager
Agenda Item #_�_,
Re: Comm. Mtg. 5/16/95
Federal Drug Control &
Improvement Program Grant
The attached Resolution from the Community Development Office
authorizes the City Manager to accept funds from the Federal Drug
Control and Improvement Program Grant coordinated by the Metro -Dade
Office of Substance Abuse Control in the amount of $5,092 and
authorizes the use of $1,697 in Federal forfeiture funds for the
required 25% match. These funds will be used in the
Domestic /Family violence intervention program for 1996.
I recommend approval of this resolution.
a\m \gnmo
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT
FUNDS FROM THE FEDERAL DRUG CONTROL AND IMPROVEMENT PROGRAM
GRANT COORDINATED BY THE METROPOLITAN -DADE OFFICE OF
SUBSTANCE ABUSE CONTROL IN THE AMOUNT OF $5,092 AND
AUTHORIZING THE USE OF $1,697. IN FEDERAL FORFEITURE FUNDS AS
REQUIRED 25% MATCH FOR DOMESTIC /FAMILY VIOLENCE INTERVENTION
DURING THE 1996 PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO
TRANSFER $1,697.00 FROM ACCOUNT N0.15- 1910 -3490 ENTITLED
"FEDERAL FORFEITURE FUNDS" AS THE REQUIRED 25% MATCH AND
DEPOSITING FUNDS FOR THIS PURPOSE IN ACCOUNT NO. 15- 0219.015
ENTITLED: "DOM /FAM VIOLENCE INTERV."
WHEREAS, the City of South Miami received application approval
from the Metropolitan -Dade County Office of Substanco Abuse Control
for funding investigative time for Domestic /Family Violence
cases; and
WHEREAS, the City Administration now requests the approval of
the City Commission to execute a contract to Implement this
Domestic /Family Violence Intervention project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of South
Miami to hereby endorse and authorize the City Manager to execute
a contract with Metropolitan -Dade Office of Substance Abuse Control
for the funding of the Domestic /Family Violence Intervention
project in the amount of $5,092.00.
Section 2. The City Manager is authorized to transfer $1,697.
from Account No. 15 -1910 -3490 entitled "Police Department -
Forfeiture Funds" and to deposit funds in Account No. 15- 0219.015
entitled: "Dom /Fam Violence Interv.01
PASSED AND ADOPTED this
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of May, 1995.
APPROVED:
NEIL CARVER, MAYJiR
J
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
From:
Eddie Cox
City Manager
Date: May 12, 1995
Re: Bakery Centre Redevelopment
Project /f y
The attached Resolution relating to the Bakery Centre Redevelopment
Project amends the effective date of the DRI Development Order to
March 1, 1996, changing it from the previously approved July 1,
1995 date.
This change does not affect other specified dates in the order.
There is a minor correction of a scrivener's error regarding
Section 2 paragraph 3 relating to retail space and number of
parking spaces.
I recommend approval of this resolution.
a\mibakay.cw
RESOLuTIOR No.
2 A RESOLUTION OF THE. MAYOR AND THE CITY COMMISSION OF THE
3 CITY OF Sou NS]lMx, PLORIDA, " MM ATING TO THE HAESRY
4 CSNTHE RE PROJECT; AMENDING THE EFFECTIVE DATE
5 OF THE DRI DZVELOMEM ORDER TO LARCH 1, 1996 AND
6 AN LADING PARAGRAPH 3 OF SECTION 2 OF THE FINDINGS OF
7 FACT; PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, the .South.Miami City Cozmaission approved Resolution
9 no. 133 -94 -9534 on December 6, 1994, approving a modified
10 development order under Section 380.06(15), Florida Statutes and
11 Pla. Admin..Code R.. 9J -2.025 for changes to a previously approved
12 plan of development; and,
13 WHEREAS, Resolution no.. 133 -94 -953.4 provides for an effective
14 date and the applicant desires to amend the effective date; and,.
15 WHEREAS, paragraph 3 of Section 2, FINDINGS OF FACT, contains.
16 a scrivener's error.; and,
17 WHEREAS, and the City Commission does not object to the
1S requested amendment to the effective date..and desires to correct
19 the scrivener's error.
20 NCU r T 1813MR , EM- IT' RESOLVED BY' != MAYOR A19D C33M
21 CC=1SSIOE OF THS CITY OF SOUTH NIAMI, FLORt as
22 Section -1. Section 8 of Resolution no.. 1.33 -94 -9534 is
23 amended to read:
24 This Resolution: shall become effective 45 dabs
2.5 froze transz.i.ttal of this development order to
26 the Florida Department of Community. Affairs,
27 the-South Florida Regional Plmming Council,
28 and the applicant, or-the -date that.a deed is
29 recorded in the public records of Dade County,
30 Florida, transferring title from the RTC to
31 Sunset Red, Ltd.:, or.. its ,successors, or
32 assigns, which ever occurs later, but in no
33 event later than ,yiy— _,!496 March 1. 1996.
34 If the deed is not recorded by Jew 1 1995
35 March 1.. 1996, this Resolution will be null
36 and void; provided., however, that if the
37 development order is appealed.(and the deed is
38 recorded by ;s ly --? .5 March _ 1, 1996 ,. this
39 Resolution will take effect on the day after
40 the conclusion of the..procesding.
Vj
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Section 2,1 no. 133 -94 -9534 otherwise remains
the same, except that paragraph 3 of Section 2, FINDINGS OF FACT,
is revised to correct a scrivener's error to read:
The proposed development, when compared to the
previously approved development, will result
in an increase in retail — seamersial retail
development of 35�484 27,000 square. feet
use+, an increase in residential use of 40, 50.0
square fast; a decrease.
qwk"q need - by
Is
692 spasee gf 1.302 parking spaces,, and a
simultaneous decrease in office space of
504,OOO square feet and a decrease in hotel
rooms by 300 roams.
15 awtion IL The-City Clerk shall transmit copies of this
16 Resolution by U.S Mail, certified, return receipt requested, to
17 the applicant, the Florida Department of .Community Affairs and the
18 South Florida Ragional.Planning Council.
19 Section A. This Resolution will tale of feet immediately
20 upon approval
21 PASSED AND ADOPTED this ® day of , 19.95
22 APPROVEDt.
23
24 MAYOR
25 ATTEST:
26
27 CITY CLERIC
28. READ AND APPROVED AS TO FORM : -
29
30 CITY ATTORNEY
31 WWdri.wad
2
Chu of Stouth Miami
6130 Sunset Drive, South JkVam. Florida 331 43. 55;3�6300 C Y MANAG_R
January 26, 1995 VIA: FAX & Mail
Kay Carlson
State Planning
Florida Department of Community Affairs
Rhyne Building
2740 Centerview Drive
Tallahassee; Florida 32399 -2100
Re:- Bakery Centre DRI Amended Development Order
Dear . Ms. Carlson:
We have received and reviewed your .memorandum of January 24, 1995 to Mr. Marty pix
concerning the-subject -above (see attached). In regard to the discrepancies referenced .in items
1 and .2 of . your memorandum we have found that certain . scriveners errors occurred in the
drafting of City of South Miami Resolution No. 133 -94 -9534 (the "Resolution ").
First, on page 3 of the Resolution, third paragraph in the Findings of Fact, it is incorrectly stated
that the proposed development will result in an "increase in.commerciai development of 359,484
square feet (including. 47,000- square feet of restaurant. use) ". The increase in commercial.
development of 359,484 square feet is based. on .aocai.- zoning, calculations-, and. results -from
aMtion of the following uses:
Retail
Exterior Circulation
Theater
hW1. Service. A Misc.
TOW
97 ;0000. sq. ft.
120,484 sq..fik.
80,004 sq.ft.
Asa -ft
339,484 sq.ft.
Correctly stated the proposed development will result in an "increase in retail 'development of
97,000 square feet. "
Second, in. the same paragraph of the Resolution as. discussed above, it is stated that: the
proposed development will result in a "decrease -m parking needs by 692 spaces'. This decrease
of parking need is based on application of parking space reductions allowed in the City of South
"City,.or pleasant Living.-
Miami Hometown Overlay Ordinance. The decrease of the 692 is part of the 1,300 parking
space reduction specified in the Notification of Proposed Change (NOPQ received by the City
on September 7, 1994. During review of the NOPC it was determined that parking space
requirements could be further reduced by 2 spaces resulting in a total reduction of 1,302 parking
spaces. Correctly stated the proposed development will result in -an "decrease of 1,302 parking
spaces."
Based on the above, we propose an administrative change so that the - third paragraph in the
Findings. of Fact -on page 3 of the Resolution. will .read as: follows:
3. The proposed development, when compared to the previously approved development, will
result in an:increase in retail development of 97,000 square feet, an increase in residential.. use
of 40,500 square feet, a, decrease of 1,302 parting spaces, and simultamus decrease in. office
space of 504,000 square feet and a.decrease.in hotel rooms by 300 rooms.
A complete copy of the revised Resolution will. be sent to you by 'separate letter. If you have
any questions- in this matter, please do hesitate--to contact us at your convenience.
Sincerely,
City Manager
Attachment
cc. ' Earl Gallop
Joe -Comras
Marty Dix .
Rob Curtis
f,
esa n
Director.
Building, Zoning 4 Community Development
RESOLUTION NO. 133 -94 -9534
A RESOLUTION OF THE MAYOR AND THE CITY'COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ACTING UNDER AUTHORITY OF
SECTION 380.06(19), FLORIDA STATUTES, DETERMINING THAT
PROPOSED CHANGES TO THE BAKERY CENTRE DEVELOPMENT OF
REGIONAL IMPACT DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION, ORDERING THAT FURTHER DRI REVIEW IS NOT
REQUIRED, AND APPROVING A DEVELOPMENT ORDER FOR CHANGES
TO THE PREVIOUSLY APPROVED PLAN OF DEVELOPMENT; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, on October 25,_ 1982, the City of South Miami by
Resolution No. 65 -82 -4065 issued a Development of Regional Impact
(DRI) development order for the Holsum Bakery Centre Development of
Regional Impact (original D.O.), located on a 9.54 acre parcel of
land legally described on Exhibit 1 to this Resolution; and
WHEREAS, on October 17, 1989, the City of South Miami
approved, by Resolution No. 65 -82- 4065 -A an amendment to the
original D.O. for an extension of the buildout date granting
development rights through September 17, 1992; and
WHEREAS, on August 18, 1994, Sunset Red, Ltd., a limited
partnership and the Resolution Trust Corporation, as receiver for
Flagler Federal Savings and Loan Association, Miami, (both referred
to as the applicant) submitted a Notification of Proposed Change To
A Previously Approved Development of Regional Impact (NOPC),
requesting various modifications to the original D.O. to permit the
property to be developed in accordance with the Application for
Special Exception, which is described in Exhibit 2 to this
Resolution; and
WHEREAS, Sunset Red, Ltd. submitted an Application for Special
Exception, dated November 15, 1994, to obtain a development order
approving the modified plan of development shown on Exhibit 2; 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 subject to conditions in Resolution No. 134 -94-
9536; and
WHEREAS, on December 6, 1994, the City Commission, after
complying with all pertinent notice requirements of Florida
Statutes and the City of South Miami Land Development Code and Code
of Ordinances, conducted a quasi - judicial public hearing on the
NOPC, as required by Section 380.06(19), Florida Statutes; 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
proposed modified plan of development is not a substantial
deviation requiring further DRI review and (2) approval of the
development 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Development Identification.
(a) 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 applicants are:
Owner:
The Resolution Trust Corporation, as receiver for Flagler
Federal Savings and Loan Association.
c/o Valerie Settles, Esq.
Fowler White, et al.
175 N.W. first Avenue, 11th Floor
Miami,. FL 33128
Developer:.
Sunset Red, Ltd.
c/o Michael Comras
The Comras Company
1111 Lincoln Road Mall, Suite 510
Miami Beach, FL 33139
For the purposes of this Resolution, the term "applicant"
includes the applicants, their successors, or assigns.
(d) The name of the authorized agent for the applicants is:
Stephen J. Helfman, Esq.
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive, Suite 204
Miami, Florida 33133
2
(e) Description of the Original Development.
(1) The Bakery Centre DRI was originally approved for
504,000 ft.2 of office space; 300,000 ft.2 of retail
space; 20,000 ft.2 of gallery area; 300 hotel rooms;
110,000 ft.2 of mall area; and, 3,000 parking spaces.
(2) The retail space actually constructed is.
approximately 245,000 ft.2 The space includes a movie
theater of 25,000 ft.2 (1,400 seats). A 261,000 ft.2
parking structure (for 751 spaces) and 403 surface
parking spaces are in operation.
(f) Description of the Modified Development.
(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, 58,0,615 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 development uses, density and intensities are
further described in NOPC.
Section 2. Substantial Deviation Determination
Findings 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. The staff report for the Sunset Red, Ltd. Special
Exception Application, dated November 25, 1994, providing a
description of the procedural history of this development is
annexed as Exhibit 3 and made a part of these findings of fact.
3. The proposed development, when compared to the previously
approved development, will result in an increase in commercial
development of 359,484 ft.2 (including 47,000 ft.2 of restaurant
use), an increase in residential use of 40,500 ft.2, a decrease in
parking needs by 692 spaces, and a simultaneous decrease in office
space of 504,000 ft.2 and a decrease in hotel rooms by 300 rooms.
4. The proposed development, when compared to the previously
approved development, will result in significantly reduced impacts.
Specifically, the proposed changes reduce impacts to anticipated
3
potable water needs by an estimated 0.176 mgd (72%); to sanitary
sewer by 0.176 mgd (28 %) ; to solid waste by 1.97 tpd (10 %) ; and, to
total weekday p.m. peak hour trips by 359 trips (16 %).
5. The proposed changes to the previously approved
development, either individually or cumulatively, do not create a
reasonable likelihood of additional regional impact, or any type of
regional impact that was not previously reviewed by the South
Florida Regional Planning Council.
6. The previous developer made adequate provision for public
facilities by the construction of transportation improvements and
the payment of $300,000 for a fire station.
7. The following requirements of Section 4 of the original
D.O. have been satisfied:
¶a.
File
updated
Application for Development Approval.
¶b.
File
revised
plans.
¶c. Additional public improvement costs borne by applicant.
¶k. Approval by FDOT and Dade County of all roadway
improvements identified in the Application for
Development Approval.
¶m. Completion of Stage 1 roadway improvements.
¶n. Intersection improvements and signalization.
¶q. Completion of Stage 2 transportation improvements.
¶u. Execution of Second Amended Tri -party Agreement and
payment of $300,000.00 for providing fire and emergency
rescue service.
Resolution 65 -82 -4065 is made a part of this Resolution as Exhibit
4.
8. The following requirements of Section 4 of the original
D.O. are revised and incorporated into this development order:
Id. (staging); ffe. (record D.O.); If. (security for public
improvements; %w (energy conservation); ¶y (minimize air
pollution); ¶z (landscaping plan); ¶dd (compliance
monitoring) ; ¶ee (annual reports) ; and If (compliance dates) .
9. The following requirements of Section 4 of the original
D.O. are revised and incorporated into the Resolution approving the
Application for Special Exception (Resolution No. 134 -94- 9536):
4
¶g. (traffic monitoring); ifh (on -site parking policies); ¶i
(construction traffic plan); ¶j (traffic and signage plan); 11
(traffic coordinator); Is (connect to water supply; ¶v
(security plan); ffaa (tax increment financing); Jbb (covenant
for maintenance of private facilities); %cc (reimbursement of
City's costs); ¶hh (use of public space); ¶ii (record
dedications) ; 5j (provide sewer facilities) ; and, %kk (height
limits).
10. The following requirements of Section 4 of the original
D.O. are deleted as not being applicable to the modified plan of
development:
¶o. (payment for parking program); ¶p (construct pedestrian
overpass); ¶r (SFWMD general permit (required by law)); It
(construct helicopter pads); ¶x (cogeneration facility); and,
¶gg (provide City E & 0 insurance).
11. 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 made
adequate provision to integrate the development into the Hometown
District and to mitigate the impacts on the streets in the area.
12. 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.
13. The development is consistent with the applicable
provisions of the City of South Miami Land Development Code.
14. The development is not located in an area of critical
state concern designated pursuant to Chapter 380, Florida Statutes.
15. The development will not unreasonably interfere with
achievement of the objectives of the State Land Development Plan
applicable to the area.
16. The development is consistent with the State
Comprehensive Plan.
17. The development is consistent with the City of South
Miami Comprehensive Plan and its Land Development Regulations.
18. The development is consistent with the report and
recommendations of the South Florida Regional Planning Council for
the original development.
61
CONCLUSIONS OF LAW.
19. The proposed increase in the commercial use of the
development by more than 50,000 ft.2 constitutes a substantial
deviation under Section 380.06(19)(b)9., Florida Statutes.
20. Notwithstanding the conclusion of law in paragraph 19 the
proposed changes consisting of simultaneous increases and decreases
in commercial, office, hotel and residential uses of the previously
approved multi -use development is presumed to be a substantial
deviation under Section 380.06(19)(e)5.c., which may be rebutted by
the applicant by clear and convincing evidence in the record.
21. The applicant has met its burden of proof to rebut the
presumption by clear and convincing evidence.
ORDER.
22. The proposed changes identified in the NOPC are not a
substantial deviation under the provisions of Section 380.06(19),
Florida Statutes, and the modified development plan is not subject
to further DRI review.
Section 3. Development Anprovai.
The proposed changes in uses, density and intensities to the
previously approved development order (Resolution 65 -82 -4065)
identified in the NOPC are approved subject to the following
conditions:
The applicant shall:
SPECIFIC CONDITIONS.
. Incorporate the following into the design and operation
to minimize the cumulative adverse regional impact of the
Development's traffic and associated pollutant emissions on air
quality:
a. Actively encourage and promote car and van pooling by
establishing a car and van pool information program.
b. Designate three percent of employee parking spaces,
located as close as possible to building entrances, for
exclusive car and van pool use.
C. Provide Metro -Dade Transit Authority route and schedule
information in convenient locations throughout the
project.
6
d. Encourage transit use by provision of bus shelters,
development of turnout lanes, or provision of other
amenities to increase ridership.
e. Provide on -site bicycle storage facilities to encourage
use of alternative modes of transportation.
f. Mulch, spray, or grass exposed areas to prevent soil
erosion and minimize air pollution.
2. Design, construct and maintain the stormwater management
system to meet the following standards:
a. Retain the first flush (at least first one inch) of
runoff from project roadways and pervious parking areas
in exfiltration systems or deep wells.
b. Retain the first flush ( at least first one -half inch) of
runoff from uncovered project parking areas and loading
docks in vegetated swales. Swales will be constructed so
that water will infiltrate within 24 hours.
C. Prevent direct discharge of stormwater which has not been
treated pursuant to Conditions 2a or 2b above.
d. Install pollutant retardant structures to treat all
stormwater runoff at each of the project outfall
structures (down- turned pipe or other Dade County
Department of Environmental Resources Management approved
device) and at the drainage structures which contribute
runoff from impervious areas to surface waters, and
periodically remove pollutant accumulations.
e. Vacuum sweep all parking lots of eleven or more parking
spaces and private roadways serving the parking lots at
least once per week.
3. Ensure that the surface water management system shall be
owned and maintained consistent with Fla. Admin. Code R.
40E- 4.381(2)(h).
4. Incorporate energy conservation measures into the design
and operation of the Development. At a minimum, construct all
facilities in conformance with the specifications of the State of
Florida Energy Efficiency Code for Building Construction (State
Energy Code) . Evaluate using natural gas and renewable energy
sources (e.g. solar heating for water heating). Consider
participating in the South Miami Cool Communities Program.
5. Ensure that not less than 5% of the trips generated by
the development use the Metrorail system. To this end, the
applicant will provide regularly scheduled shuttle service between
7
the development, off -site parking facilities and the South Miami
Metrorail Station. The shuttle service will serve the development
from points along Red Road and Sunset Drive, and make one or more
stops along Sunset Drive at locations between the development and
U.S. 1. The initial days and hours of operation of the shuttle
service will be Wednesday and Thursday, 6:00 p.m. to 10:00 p.m.;
and Friday and Saturday, 6:00 p.m. to 12:00 a.m. (midnight). The
capital and operations cost of the shuttle system shall be the
responsibility of the applicant. The applicant shall submit a
shuttle service plan to the Director for approval prior to the
issuance of the first Certificate of Occupancy. The City shall
determine the feasibility of an area -wide shuttle system as part of
its Evaluation and Appraisal Report (EAR) requirement under Chapter
163, Florida Statutes. This element of the EAR will be completed
not later than July, 1995. Implementation of an area -wide shuttle
system will be considered by the City Commission during its 1995
budget review. At such time as the City establishes an area -wide
shuttle system, the applicant shall expand its hours of operations
to be the same as the City system. It will also contribute its
fair share of the capital and operations cost of the system. Its
initial capital and operations costs will be credited to its fair
share. The applicant's shuttle service plan and the City's plan
will be submitted to the Dade County Transit Authority for its
review and evaluation. The applicant will design and incorporate
into the parking garage a location for the connection of a future
pedestrian overpass from the South Miami Metrorail Station. The
location must be at an elevation of at least 30 feet. The design
and construction necessary to provide for the overpass connection
shall be at the applicant's sole cost; however, the applicant shall
not be required to spend more than $250,000 to meet this condition.
This limitation on cost is not intended to require-an expenditure,
but to provide a ceiling of the applicant's obligation, and to the
extent the applicant can meet this condition without cost the
condition shall be satisfied. This condition replaces Section 4,
paragraph p of the original D.O.
6. Incorporate the use of water sensors and other low volume
landscape irrigation techniques to reduce the demand on the
region's potable water supply.
7. Design and construct a landscaping plan so as to minimize
water usage, use native species for exterior landscaping to the
maximum extent practical, and avoid species which have or may have
potentially noxious characteristics, require extensive irrigation
or fertilizer, are prone to insect infestation and disease, and
have invasive root systems.
8. Design and construct improvements to Sunset Drive and
adjoining sidewalks and crosswalks, from the building fronts on the
north side and to the building fronts on the south side of the
road, from the intersection with U.S. 1 to the intersection with
57th Avenue (Red Road). The improvements shall include, but not be
:.3
limited to, sidewalks, pedestrian crossings, paving, drainage,
street lights, benches and landscaping. The objective of the
improvements is to integrate the design of the development with the
surrounding community, to encourage pedestrian traffic along Sunset
Drive and to and from the development, and to serve as a catalyst
for upgrading the surrounding commercial areas. The applicant
shall select a design consultant, who shall be approved by the City
Manager. The design of the improvements shall be compatible with
the Hometown District developing regulations. The applicant shall
pay for all costs associated with the design and construction of
the improvements. provided, however, that it shall pay no more than
$1,000,000.00 for improvements located outside its property
boundary, or the curb line, whichever is located further from the
building line. Applicant shall pay all costs for the improvements
within its development area. This limitation does not apply to the
applicant's obligation in the Special Exception Resolution
(Resolution No. 134 -94 -9536) to design and construct improvements
for pedestrian crossings across U.S. 1 at the intersection with
Sunset Drive. The improvements identified in this paragraph shall
be constructed to the satisfaction of the City not later than 1
year after issuing the first building permit.
9. Submit a Hazardous Materials Management Plan within 120
days of the issuance of the first building permit to the City, Dade
County Department of Environmental Resources Management (DERM) and
SFRPC for review. These agencies shall have 45 days to review,
approve or disapprove the plan. The plan shall incorporate into the
development, by restrictive covenants, lease or sales agreements,
as applicable, hazardous materials, accident prevention,
mitigation, and response standards to be met by the owner and all
tenants that use, handle, store, display, or generate hazardous
materials (materials that are ignitable, corrosive, toxic, or
reactive). At a minimum, these standards shall:
a. Require that buildings where hazardous materials or
hazardous wastes, as defined above, are to be used,
displayed, handled, generated, or stored shall be
constructed with impervious floors, without drains, to
ensure containment and facilitate cleanup of any spill or
leakage.
b. Prohibit any outside storage of hazardous materials or
hazardous waste.
C. Require that any area used for loading or unloading of
hazardous material be covered and equipped with a
collection system to contain accidental spills.
d. Require all hazardous waste generators to contract with
a licensed public or private hazardous waste disposal
service or processing facility and to provide to DERM
E
copies of the following forms of documentation of proper
hazardous waste management practices:
• a hazardous waste manifest
• a shipment to a permitted hazardous waste
management facility, or
• a confirmation of receipt of materials from a
recycier or a waste exchange operation
e. Prohibit generation of hazardous effluent, unless
adequate facilities, approved by DERM and the Department
of Environmental Protection (DEP) are constructed and
used by tenants generating effluent.
f. Dispose of hazardous sludge materials generated by
effluent pretreatment in a manner approved by the federal
Environmental Protection Agency, DEP and DERM.
g. Notify any tenant generating wastes of the penalties for
improper disposal of hazardous waste pursuant to Section
403.727, Florida Statutes.
h. Allow reasonable access to facilities for monitoring by
DERM and DEP to assure compliance with this development
order and all applicable laws and regulations.
STATUTORY AND GENERAL CONDITIONS.
10. The Director of the City's Building, Zoning and Community
Development Department is hereby authorized to monitor compliance
with all conditions of the development order and to specify
monitoring procedures that, at a minimum, require development order
conditions to be reviewed by the City prior to issuance of all
local; development permits. The applicant shall allow access on
demand to the project for this monitoring to assure compliance with
the development order and all applicable laws and regulations.
11. The Consolidated Application for Development Approval and
the NOPC are incorporated into this Resolution by reference and
relied upon by the City in discharging its statutory duties under
Chapter 380,, Florida Statutes, and under its Comprehensive Plan and
Land Development Code. Substantial compliance with the
representations contained in the Application for Development
Approval, as modified by the NOPC, is a condition for approval
unless waived or modified by agreement among the City, South
Florida Regional Planning Council, and the applicant.
12. The applicant shall comply with the compliance dates of
(a) 24 months, calculated from the effective date of this
Resolution, for commencing physical development pursuant to a
validly issued building permit; (b) 1 year after issuance of the
first building permit for completing improvements to Sunset Drive
10
NN-
as evidenced by a Certificate of Satisfaction; (c) 24 months from
obtaining first building permit for completing redevelopment of the
existing commercial uses fronting on Sunset Drive and Red Road;
and, (d) 4 years, calculated from the date of issuance of the first
building permit, for substantial completion of the development.
The term "development" means development as defined in Section
380.04, Florida Statutes. Unless an extension is granted by the
City Commission, this development order shall expire if any of the
compliance dates are not met. The compliance dates shall be tolled
during the pendency of any judicial or administrative adjudicatory
proceedings that arise out of this Resolution or any development
permits for the development, unless the action is commenced by the
applicant and i) it was presented for any improper purpose, such as
to cause unnecessary delay, or ii) it is not warranted by existing
law or by a nonfrivolous argument for the extension, modification,
or reversal of existing law, or the establishment of new law. A
compliance date may be extended by the City Commission upon
application filed prior to the expiration of the date and upon
demonstration of good cause. Good cause shall include, but not be
limited to, an act of war, or an act of God, which means only an
unforeseeable act exclusively occasioned by the violence of nature
without the interference of any human agency. The City Commission
may impose reasonable terms and conditions for any extension. Four
affirmative votes of the City Commission are required to grant an
extension.
13. This development order shall terminate on December 31,
1999. The termination date may only be extended in accordance with
Section 380.06(19)(c), Florida Statutes.
14. December 31, 1999, is established as the date until which
the City agrees that the Bakery Centre DRI will not be subject to
down- zoning, unit density reduction, or intensity reduction, unless
the City demonstrates that a substantial change in the conditions
underlying the approval of the development order have occurred, or
that the development order was based on substantially inaccurate
information provided by the applicant, or that the change is
essential to the public health, safety, or welfare.
15. The applicant shall submit an annual report to the City,
the South Florida Regional Planning Council, and the Department of
Community Affairs not later than January 15 of each year following
the effective date of this Resolution. The annual report shall be
submitted on Form RPM -BSP- ANNUAL REPORT -1. The Director of the
City's Building, Zoning and Community Development Department shall
prescribe additional information to be included in the annual
report to assist the City in determining, among other things, the
progress of the development, compliance with the conditions of this
development order and the Resolution approving the Application for
Special Exception (Resolution No. 134 -94- 9536), and public
facilities and services scheduling needs. At a minimum, the annual
report will provide information regarding (a) work completed during
11
the calendar year; (b) work scheduled for the next calendar year;
(c) construction schedules; (d) the total cost of the work
completed, including construction, expenses and overhead costs; (e)
a good faith estimate of the fair market value of the work
completed; (f) tenants who have signed letters of intent, memoranda
of understanding, or leases; and, (g) purchasers who have entered
into contracts for sale and purchase or closed on the purchase of
real property within the development.
16. The applicant shall record a notice of modification of
the adopted development order, containing the information required
by Section 380.06(15)(f), Florida Statutes, within 10 days of the
effective date of this Resolution with the Clerk, Dade County Clerk
of Court, and stating that the development order runs with the land
and is binding on the applicant, their successors, or assigns.
17. In the event the applicant violates any of the conditions
of this Resolution or fails to act in substantial compliance with
this development order (collectively referred to as
"noncompliance"), other than complying with the compliance dates in
paragraph 12, the City Manager may stay the effectiveness of the
development order for the entire development or portion of the.
development, in which the noncompliance has occurred by issuing an
administrative order stating the nature of the violation, the
preliminary findings on which the order of noncompliance and stay
are based, and the remedial action required to cure the
noncompliance. Prior to issuing a stay order, the City Manager
will give the applicant 5 days written notice of intent to issue an
administrative order. The applicant may appeal the administrative
order to the City Commission pursuant to Section 20 -6.2 of the Land
Development Code. The issuance of an administrative order will not
toll the compliance dates in paragraph 12 unless the City
Commission determines that the stay order was improvidently issued.
Section 20 -6.2 of the Land Development Code is made a part of this
Resolution-as Exhibit 5.
f` : . � I �lui
18. In the event the applicant abandons the development, it
shall be responsible for mitigating the impacts resulting from
development. The term "abandon" means (a) the cessation of
substantial physical development under the construction schedule
( 115) for 180 days; (b) a declaration of insolvency; (c) initiation
of bankruptcy proceedings; or, (d) noncompliance with the
compliance schedule contained in this development order (¶ 12). To
satisfy the obligation to mitigate impacts resulting from
abandoning the development, the applicant shall provide the City
with a letter of credit in the amount of $2,500,000.00. The letter
of credit shall be issued by a financial institution acceptable to
the City Manager, in a form acceptable to the City Attorney, and it
shall be delivered to the City prior to the issuance of the first
building permit. The letter of credit shall remain in effect until
12
the issuance of the final Certificate of Occupancy. Upon the
occurrence of an event of abandonment, the City Manager may issue
an administrative order stating the nature of the abandonment, the
preliminary findings on which the order is based, and state that
the City Manager will demand payment under the letter of credit
within 5 days of issuing the order. The applicant may appeal the
administrative order to the City Commission pursuant to Section 20-
6.2 of the Land Development Code. The issuance of an
administrative order will not toll the compliance dates in
paragraph 12. The City Manager, or, in the case of an
administrative appeal, the City Commission, will determine i)
whether abandonment has occurred; ii) the types and amounts of
development constructed; iii) the types and amounts of impacts from
the project's existing and proposed development to any existing and
planned public facilities, privately maintained common facilities
and services (such as internal streets, security, solid waste
removal); iv) the need for modification 'or rehabilitation of
presently existing structures and structures constructed under this
development order to integrate the development into the surrounding
community; v) the extent to which public amenities have not been
constructed or maintained; and, vi) actions (and the estimated cost
of actions x 125 %) required to mitigate the adverse impacts of the
abandoned development. The City may enter into contracts to
implement mitigation measures. In the event the funds available
under the letter of credit are not sufficient to mitigate the
impacts of the abandonment, the City may take actions to finance
mitigation, including, but not limited to, creating a special
taxing district consisting of the property described in Exhibit 1,
and borrowing against anticipated ad valorem tax revenues on the
property. Any funds expended by the City shall constitute a lien
on the property of equal dignity with ad valorem tax liens.
Notwithstanding the foregoing, it is agreed that the amount of the
letter of credit will be reduced by the City, from time to time,
during the construction process in a manner relative to the amount
of the construction completed.
CERTIFICATIONS.
19. The applicant certified to the City that it delivered a
complete copy of the original Application for Development Approval
and the NOPC was delivered to the Florida Department of Community
Affairs pursuant to Fla. Admin. Code R. 9J- 2.025(3)(a)3.
DEVELOPMENT ORDER.
20. This Resolution constitutes a DRI development order under
Section 380.06(15), Florida Statutes, and Fla. Admin. Code R. 9J-
2.025. It includes (a) all of the exhibits annexed and made a part
of this Resolution, except the Application for Special Exception;
(b) the original Application for Development Approval and the NOPC
which are not annexed but are made a part of this Resolution; (c)
13
the record of the December 6, 1994 hearing; and, (d) the original
certification for this development order.
a. This development order approves changes to the uses,
magnitude and intensity of development, and the mitigation
requirements, in the original D.O.
b. This development order does not constitute authorization
to commence development. The applicant is authorized to
submit an application for local development approval for a
specific plan of development.
C. This development order shall apply to the applicants,
their successors, or assigns, severally, 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.
Section 5. Conflicts.
This Resolution shall supersede Resolution Nos. 65 -82 -4065,
65- 82 -4065A and 137 -92 -934. and shall be the "Development Order"
for the Holsum Bakery Centre Development of Regional Impact. In
the event of any conflict between this Resolution and prior
resolutions, this Resolution shall govern.
14
Section 6. 1 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 7. Dismissal of Administrative Appeal.
Not later than 10 days following the effective date of this
development order, the Resolution Trust Corporation shall file a
notice of voluntary dismissal in the proceeding styled Resolution
Trust Corporation v. City of South Miami and Department of
Community Affairs, Case No. App -93 -007 (Fla. Land & Water
Adjudicatory Com'n. 1993).
Section 8. Effective Date.
This Resolution shall become effective 45 days from
transmittal of this development order to the Florida Department of
Community Affairs, the South Florida Regional Planning Council, and
the applicant, or the date that a deed is recorded in the public
records of Dade County, Florida, transferring title from the RTC to
Sunset Red, Ltd., or its successors, or assigns, which ever occurs
later, but in no event later than July 1, 1995. If the deed is not
recorded by July 1, 1995, this Resolution will be null and void;
provided, however, that if the development order •s appealed (and
the deed is recorded by July 1, 1995), this Reso utio•, will take
effect on the day after the conclusion of the p ocee inQ.
PASSED AND ADOPTED this 6th day of Decem)6er, 094.
L
RS$� AND APPROVED AS TO FORM:
CITY ATTORNEY
109
15
APPROVED W !r
MAYOR
I MYOR Car "`R
ME}fit.• e �s r - -
': -0) BASS
VMS Si0Na -V� n
� -
NAY
YFA MAY
cA tiY
FILED WITH DEPARTMENT OF COMMUNITY AFFAIRS:
EFFECTIVE:
EGG /egg
bakedev.res
12/1/94
16
RESOLUTION NO. 133 -94 -9534
BAKERY CENTRE DRI
LIST OF DOCUMENTS
DOCUMENT NAME
Resolution no. 65 -82- 4065 -A
Notification of Proposed Change (NOPC)
Application for Development Approval
Seconded Amended Tri -party Agreement
HD Regulating Plan
City of South Miami Comprehensive Plan
Hometown District Overlay District Ordinance
Ordinance no. 19 -93 -1545
City of South Miami Land Development Code
Special Exception Resolution
Resolution no. 134 -94 -9536
Report and Recommendations of SFRPC
Transcript of the December 6, 1994 hearing
17
PAGES