Loading...
HomeMy WebLinkAboutR-01-0350J-01-344 4/26/01 01- 850 RESOLUTION NO. A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENTS, RESCINDING IN ITS ENTIRETY, AT THE PERMITTEE'S REQUEST, RESOLUTION NO. 01-81, ADOPTED JANUARY 25, 2001, WHICH APPROVED A MAJOR USE SPECIAL PERMIT FOR THE "ONE MIAMI - PHASE I PROJECT," TO BE LOCATED AT APPROXIMATELY 205 SOUTH BISCAYNE BOULEVARD, AS A SUBSTANTIAL MODIFICATION TO THE MAJOR USE SPECIAL PERMIT APPROVED BY RESOLUTION NO. 98-1151 FOR THE ENTIRE ONE MIAMI DEVELOPMENT PROGRAM; FURTHER RESCINDING ALL RIGHTS GRANTED UNDER RESOLUTION 01-81; AND THEREBY REVERTING TO THE DEVELOPMENT APPROVAL STATUS IN PLACE PRIOR TO THE APPROVAL OF RESOLUTION NO. 01-81; ACCEPTING A HOLD HARMLESS AGREEMENT, IN FAVOR OF THE CITY OF MIAMI,; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; AND PROVIDING FOR BINDING EFFECT. WHEREAS, Miami One Centre, L.P., ("Owner") is the owner of the property more particularly described in the legal description that is attached to this Resolution within "Composite Exhibit B", and incorporated herein ("Subject Property"); and WHEREAS, the Owner of the Subject Property previously sought and received from the City of Miami, on January 25, 2001, ATTACHMENT (5) CONTAINED Cff 11 cors I$SI01i V=INtG OF APR 2 6 2001 01- 350 4 Resolution No. 01-81, which is a Development Order granting a substantial modification Development Order to a previously approved Major Use Special Permit which was granted pursuant to Resolution No. 98-1151; and WHEREAS, the Owner duly authorized its legal counsel to transmit correspondence dated March 23, 2001, ("Subject Correspondence")(attached as "Exhibit A" and incorporated) to the City seeking the: (1) rescission and vacation of the Development Order; (2) waiver of any and all approvals contained within the Development Order; and (3) waiver and abandonment of any and all rights which may have vested in Resolution No. 01-81 the Development Order, as well as the architectural plans and renderings incorporated therein; and WHEREAS, the Owner stated that changed conditions have arisen which result in their voluntary request for the City Commission to rescind Resolution No. 01-81; and WHEREAS, Crescent Miami Centre, LLC and Intercontinental Hotels Corp., ("Neighboring Property Owners") instituted certiorari proceedings in Circuit Court challenging the Development Order ("Subject Proceedings"); and WHEREAS, litigants in the aforementioned legal proceedings have agreed to suggest to the Circuit Court that the Subject Proceedings shall be rendered moot once the Development Order issued pursuant to Resolution No. 01-81 is rescinded; Page 2 of 5 01- 350 NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. 01-81, approved January 25, 2001, which approved a Major Use Special Permit for the "One Miami - Phase I Project, to be located at approximately 205 South Biscayne Boulevard, as a substantial modification to the Major Use Special Permit approved by Resolution No. 98-1151 for the entire One Miami Development Program, is rescinded in its entirety at the specific and voluntary request of the Permittee, and all rights granted under Resolution No. 01-81 are further rescinded. Section 3. A Hold Harmless Agreement, in a form acceptable to the City Attorney!', in favor of the City of Miami, is accepted and the development approval status of the subject property is reverted to the status that existed prior to the approval of Resolution No. 01-81. 1� The herein acceptance is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 01- 350 Page 3 of 5 Section 4. The findings of fact set forth below are made with respect to the subject rescission: (a) the owner, through its authorized legal representative, has voluntarily requested that the City rescind the Development Order issued by the City on January 25, 2001, pursuant to Resolution No. 01-81; and (b) the Development Order which is the subject of the owner's request for rescission has not led the City to take any action to its irrevocable detriment in reliance on Resolution No. 01-81 or any proffers related thereto. Section 5. The following Conclusions of Law are: (a) there is no legal impediment to the Owner's voluntary request to rescind Resolution No. 01-82 voluntarily; (b) rescission of Resolution No. 01-81 shall void Resolution No. 01-81 in its entirety, including all requests, approvals, proffers and conditions that are expressly and impliedly contained with said Resolution No. 01-81; and (c) Resolution No. 98-1151, adopted November 17, 1998, shall be returned to its pre -January 25, 2001 status. Section 6. This Resolution, rescinding Resolution No. 01-81, shall be binding upon the Owner, any and all Page 4 of 5 01— 350 applicants named in the application which led to Resolution No. 01-81, and any successors in interest. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.Z' PASSED AND ADOPTED this 26th day of April , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the .;Iap c of 'en (10) day:. dat of Commiss n regarding same, without the Mayor ercis' g ATTEST: Walter 4..F an, ity Cleltc WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JAMDRO VI RELLO CI ATTORN 252:BSS zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 5 of 50� 350 EXHIBIT "A" HHUM .............. iflflVfli6 Lucis A. DOughasy (303) 579-0603 E -Mail; doughanylQgtlow.com March 23, 2001 SAND -DELIVERY Mr. Carlos A. Gimenez City Manager City of Miarli 444 S.W. 2"d Avenue, 106 Floor Miami, Florida 33131 RE: Voluntary Rescission of Resolution No. 01-81 One Miami, Substantial MUSP Amendment Dear Mr. Gimenez: On behalf of the owner of the property, Miami One Centre, L.P., we are voluntarily rescinding the approved Substantial MUSP Amendment which was approved per City Commission Resolution No. 01-81 ("Approved 2001 MUSP" }. We are requesting that tate Commission approve the rescission by Resolution which will accept the rescission and vacate Resolution No. 01-81, including all requests and approvals within that application. The purpose of the rescission request is due to changed conditions and a pending sale of the property to a new purchaser and the pending appeal of the Approved 2001 MUSP. By withdrawh--tg the Approved 2001 MUSP, the appeal becomes moot and therefore, should then be dismissed by the Court. The new purchaser would not utilize the approved site plan and architectural drawings and will need to obtain a totally new substantial MUSP amendment to the 1998 MUSP. We understand that by requesting the rescission, Miami One Centre has no vested rights in Resolution No. 01-81. We are requesting to be placed on the April 12, 2001 City Commission agenda. Please call me if you have any questions at 305-579-0603 or Adrienne F. Pardo at 305-579-0683. Sincere cc: Mr. Ned Siegel , Lucia Dougherty Ms. Ana Gelabert-Sanchez 14s. Lourdes Slazyk .AloandroVilarello, Esq. WARAOA I WM24.011RV3SOU XXXIMI GRZICNHHRC T1tAURIG, P.A. 1221 BRICESU Avames iKIABI, FLORIDA 33131 805-579-0500 FAY 30s-579-011? www.stl&w.c07A 01-- 350 MtAKI NEW YORK WASKINCTGK, D.C. ATLAKTA PRtLADELPBIA TTsoNs CORNER CHICAGO BOSTON PHOSRIX WIENINGTo-m Los AKGELas DENVRI SAO PAULO FORT LAODSaDALX BOCA RATON WEST PALM BEACH ORLANDO TAI:CStt-IASSEE 9GT29TVGOZ 4- JIaf1H2J1 9 NZIMS Bb :LI t0/9Z/£0 Composit Exhibit "B" 01/19/011— ,.RESOLUTION NO. ` A RESOLUTION -OF-, - THE-:'MIAMI;CITY- COMMZSSI£]N;f. WITH ATTACFME NTS,.,-APPROVING.:WITH-CONDITIONS, A MAJOR -USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO:. 11'000, FOR THE :: ONE M-IAMI PRASE : I PROJECT, A 'PHASED PROJECT TO .BE LOCATED *AT APPROXIMATELY 2.05 SOUTH BISCAYNEBOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED -:OF "'NOT -MORE THAN 425 RESIDENTIAL UNITS, ACCESSORY RECREATIONAL SPACE, 603.,126 SQUARE:•FEET OF OFFICE, RETAIL AND OTHER NONRESIDENTIAL USE AND -1,485 PARKING SPACES;, DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS on November 17, 1998, the City Commission approved Resolution No. 98-1151, thus approving a Master Development Program which included the property located at approximately 205 South Biscayne Boulevard, Miami, Florida; and WHEREAS, on September 7, 2000, The Related Group of Florida and Miami One Centre, LP, (hereinafter referred to as the "APPLICANT"), submitted a complete application for a substantial modification to the previously approved Major Use Special Permit i TA I%wav 1 •�/T� 01- 354 CITY COPMSSION SETING OF JAR 2 5 Iu01 FINDINGS OF "FACT PROJECT :DESCRIPTION:: _ The proposed --One ;- :.,Miami - Phase I 1�roject is a ..residential /office- mixed -use. -.development to be -located at approximately : 2a5 tSouth:?Biscayne Boulevard, Miami, -Florida. The PROJECT is located on a gross lot area of approximately 4.9 acres and a net lot area of approximately 3.04 acres of land (more specifically described on "Exhibit B", incorporated herein by reference). The remainder of the SITE DATA AND DEVELOPMENT PROGRAM is attached hereto as ~EXHIBIT C", and incorporated herein by reference. The proposed PROJECT will consist of no more than 425 residential units with accessory recreational space, 603,126 square feet of office, retail and other nonresidential uses. The PROJECT will also provide a total of 1,485 parking spaces. The ownership, operation and maintenance of common areas and facilities will be by the property owner or (in the case of the property being converted to condominiums) a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. Page 2 of 10 •1 „� 350 ...."EXHIBIT A" ATTACHMENT TO :RESOLUTI-ON NO.: . :DATE : ONE MIAMI - PHASE-1 PROJECT MAJOR .USE SPECIAL PERMIT DEVELOPMENT-ORDER Let it -be-iknown that pursuant .to Articles 13 .and .17 of Ordinance No. 11000, the -Zoning Ordinance of the. City .of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the One Miami - Phase I Project (hereinafter referred to as the "PROJECT") to be located at approximately 205 South Biscayne Boulevard, Miami, Florida; see legal description on "Exhibit B", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Plarnning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: 01- 350 The Major Use Special Permit ---'Application for the PROJECT also encompasses the following lower ranking Special Permits: :CLASS -rSP=A1i PERMIT -'as, ,.per Article 9, Section 906.6, for active recreational facilities ( including - a swimming pool) ; CLASS I SPECIAL PERMIT as -.:per Se•ctiron ,915.2. for FAA clearande letter; CLASS I SPECIAL PERMIT to permit staging and parking during construction '(to be -approved prior to obtaining a building permit from the Department of Planning and Zoning); CLASS I SPECIAL PERMIT for Development Signs when combined with construction/rental signs; CLASS I SPECIAL PERMIT as per Article 9, Section 917.2.1, to allow valet parking for residential use; CLASS I SPECIAL PERMIT for a temporary construction trailer; CLASS II SPECIAL PERMIT as per Article 4, Section 401, for development of new construction within the Central Business District; CLASS II SPECIAL PERMIT for a temporary construction fence and covered walkway; CLASS II SPECIAL PERMIT as per Article 15 for any development between Biscayne Bay and the first' dedicated right-of-way; CLASS II SPECIAL PERMIT as per Article 15 for waiver of certain Guides and Standards for 5 foot (51) driveway from property line; CLASS II SPECIAL PERMIT as per Section 908.2, for access from a public street or roadway width greater than 25 feet; CLASS II SPECIAL PERMIT as per Article 9, Section 908 fl for development on Biscayne Boulevard; VV — 3 Page 3 of 10 Special Exception as per Article 4, Sec. 401, to allow :bar/.lounge ippen to the public; Special, :Exception•.as per -Article 9, Sec. 917.1.2, to allow valet parking for restaurant up to fifty percent (50%) of existing off-street parking spaces; 'Certificate =of Appropriateness :-:for ground disturbing activity in an archeological conservation area (City :Code Section 23-5a) Designation as a phased project, pursuant to- Section 2502 of Zoning Ordinance 11000, as amended; and Waiver from the City Commission for the following: 1. Noise Ordinance during the required concrete pours for construction of the building (City Code Chapter 36). 2. Waterfront Charter provision 3(mm)(iii). Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Arquitectonica, dated September, 2000, as modified by plans dated January 16, 2001; the landscape plan shall be implemented pi- 350 Page 4 of 10 rrr W: R ,::= substantially in accordance with plans and design schematics can file prepared by Curtis & Rogers Design Studio, Inc., dated September, 2000, as modified by plans dated January 16, 2001; said design and landscape plans"*&y Abe permitted to be modified only to the extent necessary to comply with the conditions for approval. i-mposecT` herein;' '�1T �ifotl�fi�at�aori�s::�ial1 be -subject tq , the review and approval of the Director of the Department of Planning and Zoning prior to the issuance of any building permits. The PROJECT conforms to the requirements of the CBD (Central Business District) Zoning District, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation on the subject property allows the proposed mix of residential and commercial uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: Page 5 of 10 01- 350 r- •. . 1. Meet all appli-cab2.�.=buili�igr-�o`s'; land development regulations, ordinances and other laws. 2. Pay; ail = applicable ' Ffee& ttdue prior .to the ssiiance of a buildings ,permit . 3. Allow._ ;the Miami Police-_-; Department :.:to- -..conduct -•a --security ve sury, at the option�.;,Af : ;:the Department, and to make recommendations conce=in':;.,,security ,measures and systems; further -submit a report -to the Department of Planning and zoning, prior to commencement of construction, demonstrating how the Poli'ce•Department recommendations, if any, "have "been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations -are impractical. 4. Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the. Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 5. Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 6. Prepare a Minority Participation and Employment Plan (including a Contractor/ Subcontractor Participation Plan) to be submitted to the City's Director of Equal Employment Opportunity for review and comments, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 7. Record the following in the Public Records of Dade County, Florida, prior to the issuance of a shell permit: (a) a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity; (b) a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the 01-- 350 Page 6 of 10 Odom& APPLICANT, its successors, and assigns, jointly or severally. 8. Prior to the issuance of a shell -permit, .demonstrate to the City that the PROJECT has either: (a) completed its condominium requi-rements and has been approved for such by the Stat,.er of Florida; or . ;.'(b) provide -..the City with an executed, recordable unity of title ­or:.covenant, in -lieu of unity .c.;;atle agreement for.. the subject property; said agreemerit­shall be subject to the . review , and approval of the City` Attorney's .Office. 9. Provide ' tie ' 'Department of Public ` 'Works ' with plans for proposed sidewalk and swale area Improvements -(including implementation of the Burle Marx_ Plan for Biscayne Boulevard) for its review and approval prior to the issuance of a building permit. 10. Provide the Department of Planning and Zoning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period; said plan shall be subject to the review and approval by the Department of Planning and Zoning prior to the issuance of any building permits and shall be enforced during construction activity. 11. Pursuant to the Departments of Fire -Rescue and General Services Administration, the roof area of the proposed structures shall be made available to the City of Miami for any necessary communications equipment at no charge to the City. 12. The APPLICANT shall keep the Miami -Dade County archeologist apprised of all ground disturbing activity; based upon his findings, some level of monitoring by a private archeological consultant may be required. 13. Pursuant to the condition from the Urban Development Review Board and staff design review, the APPLICANT shall submit final revised design details, including materials, color schemes, and final landscape and lighting plan, to the Director of the Panning and Zoning Department for review and approval, prior to the issuance of a building permit; plans shall also include final design and landscape details for the river and bay walks. QQ oi# r V50 Page 7 of 10 +_� 14. Prior.. to the issuance of a shell permit, .the APPLICANT shall submit an interim plan, including a landscape plan, which - addresses design 'details ..for the. -land occupying Phase II of this PROJECT in the event that the future phase 'is not -developed;' said- plan shall include -a -proposed timetable and shall be subject to .review and approval by the Director of the Department of Planning and Zoning. 15. Prior to the issuance of any building permits for Phase II of this PROJECT, the APPLICANT shall conduct updated traffic studies that shall include recommendations for mitigation. 16. As recommended by the Planning Advisory Board, if a dock is not constructed, a railing (type and design to be approved by the Department of Planning and Zoning) shall be provided along the river/bay walk (due to the particularly turbid conditions of the water at this location). 17. As recommended by the Planning Advisory Board, the APPLICANT shall work with the Department of Planning and Zoning to submit results of a laboratory test regarding archeology within 90 days of issuance of the Development Order. 18. Prior to issuance of any building permit, solutions to issues relating to providing a more pedestrian -friendly design and environment and to the proximity of the development to the Miami River shall be subject to the review and approval of the Director of Planning and Zoning. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. 01- 350 -"k Page 8 of 10 ef CONCLUSIPNTS ,QF LAW,, - The PROJECT proposed by the APPLICANT complies with the Miami Comprehensive Neighborhood"Plan ''1989-2000 , is consistent with the orderly development and goals of the City of Miami, and complies with Ib*cal land development- regulations and further, pursuant to Section 1703 of Zoning Ordinance No'. 1100'0-: (1) the PROJECT will have a favorable impact on the economy of the City; and _ (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect - the, need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will— efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit; and (9) the PROJECT complies with the criteria for modification of the Waterfront Charter provisions as specified in Section 3(mm)(ii) of the City Charter. 01- 350 Page 9 of 10 The -proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City..,of Miami. Pursuant to Section .13 0-5-,6-f `Zoiiiiig "Or.dinance Wo. 11000, the specific -site plan aspects of=` the PROJECT -i.e., ingress and egress, offstreet.parking and loading, refuse and service areas, signs and lighting, utilities, drainage.. and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. Page 10 of 10 01- 350 JAN.15.2001 11:05 30537426,- ARQUITECTONICA $2962 P.002 Gn=w /fl/=RM1 Exhibit SITEDATA & DEIIIWPEI ENT PROG"AM 1. RES/DBVlIAL TOME - &WAL ALTERNATE A. OFW 7M GROSSAREA GROSS �A?L) NUMBER OF FLOORS HE(WATROOF 1/1. RESIDEM609 WALL HT. ABOVE HOTEL POOL LEVEL MAW OF RZRS MAIHOFSPACES RATIO PKGSPACE/ UNR lV Off10E609 MUM P.M. C.°ASS AREA/SPACE NMEROFFLOORS V. RESTAUWI&TAL GROSSARFA RETM. EAST RESTAURANT K P08UCPED57RlA MACES S" OFREME MILOBBY AVERAGE 'GROW FLOORmcM WW %►v*aV Dft 53Zq S.F. : 'fD1'Y I1.L7�V.Y. : 59-V NAV.D. X -r ..2 _ .2 : WA 8F. : 623,348 S.F. : 34 : 4W IMV.D. . 77-T :12 999 : 13 SPACFJUI+BT . 1,200 590SFJWG :12 5,199 SF. 731 S.F. : Mr : 27 : 49M SF. . F -r HT. :'SiB S.F. .-10TXIS.F. :491;11 S.F. : •4100S.F. 425 m : SAME . 38 .-iiFLOORs WrN.G.VD. : -ff4r 3W 4r G.VD. : -IV4r 38T : 4f -r . 1 . 4 POM 4133. :-103,B8BSF. Q5,966S.F. .-9IX&F. 5 : . 840 :.280 SPACES 642SFMS : +M FWkM 10 : -211= 5XSF. : +100IF. 6,300S.F I : +4,669SF. M : +52-v -IRM . 580 :-54sPACEB 1.18SPACUIUMT : 414 . 840 :.280 SPACES 642SFMS : +M FWkM 10 : -211= 5XSF. : +100IF. 6,300S.F I : +4,669SF. M : +52-v 68,099S.F : +17% ��Hr. : •rarity. wo 350 ®1. 350 for the -.One "Miami - Phase, .1 Project pursuant , to Articles 13 and .:17 .df :Zoning Ordinance No. 21000., the Zoning Ordinance of the•City:of Miami, Florida, as amended, (the "Zoning Ordinance") to approve a specific project (hereinafter referred to as the "PROJECT-) for the property located .at=' approximately .2.05 South Biscayne Boulevard, Miami, Florida, as legally described on "`Exhibit :B", attached hereto, and in "Exhibit All, the Development order, attached hereto; and WHEREAS, the Large :Scale Development Committee met on August 22, 2000, to consider the proposed PROJECT and offer its input; and WHEREAS, the APPLICANT has modified the proposed PROJECT to address the technical concerns raised at said Large Scale Development Committee meeting; and WHEREAS, the Urban Development Review Board met on October 23, 2000 to consider the proposed PROJECT and recommended approval, with conditions as specified in the attached Development Order, of the PROJECT; and WHEREAS, the Miami Zoning Board, at its meeting held on October 16, 2000, Item No. 5, following an advertised public hearing, adopted Resolution No. ZB 2000-0369 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached hereto; and , 01- 350 Page 2 of 9 4mmmoft WHEREAS, the, Miami Planning; ,Advisory Board.,,., .at , its meeting held on November 15, 2000, Item No. 8, following an advertised public hearing, adopted Resolution No. PAB72-00 by a. vote of six to one (6-1), RECOMMENDING APPROVAL. of the Major Use Special Permit Development Zrder-es attached hereto; and WHEREAS,. on' December 14, '2000, the - -City Commission adopted Resolution No. 00-1137, approving with -conditions, 'a Major -Use Special Permit pursuant to Articles 13 and 17 of the Zoning Ordinance for the One Miami - Phase I Project, a phased project to be located at approximately 205 South Biscayne Boulevard, Miami, Florida, to be comprised of not more than 425 residential units, accessory recreational space, 603,126 square feet of office, retail and other nonresidential use and 1,485 parking spaces, subject to a review by the City Commission at the January 11, 2001 City Commission meeting, for the limited purpose of reviewing modifications pertaining to the parking garage and treatment of the blank wall; and WHEREAS, at the January 11, 2001 City Commission meeting, the City Commission by Motion No. 01-53, adopted January 11, 2001, reconsidered Resolution No. 00-1137 and ordered a public hearing to be held on January 25, 2001, to consider adoption of the Major Use Special Permit for the project; and WHEREAS, on January 16, 2001, the APPLICANT requested approvlalof a` Series of nonsubstantial modifications to the Page 3 of 9 01- 350 application filed on September '9;!?'20010, and said modifications were approved by the Director of the Departtaen't- of Planning and Zoning on January 18, 2001; and WHEREAS, the City Commission =deems it advisable and in the best interest of _the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE .COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as "Exhibit A" and made a part hereof, is approved, subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11.000, the Zoning Ordinance of the City of Miami, Florida, as amended ("Zoning Ordinance") for the One Miami - Phase I Project (hereinafter referred to as the "PROJECT") to be developed by The Related Group of Florida and Miami One Centre, LP, (the "APPLICANT"), at approximately 205 South Biscayne Boulevard, 01- 350 Page 4 of 9 "■'� Miami, Florida, more particularly :described on "Exhibit B", attached `hereto and made a part hereof. Section 3. The PROJECT is approved as Phase I of a phased development for --the 'construction of up to -425 -residential units,:,.with* accessory -recreational- space, 1603,126..square `feet of office, retail and -other nonresidential uses and 1,465 parking spaces. Section 4: The -Major Use Special Permit Application .for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order, attached as "Exhibit All hereto and incorporated herein-. Section'5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the CBD .(Central Business District) Zoning classifications of the Zoning Ordinance. C. Pursuant to Section 1305 of the Zoning -- Ordinance, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively- during the process of issuing a building permit and a certificate of occupancy. d. Phase I of the PROJECT is expected to cost approximately $362 million, and to employ 01- 350 Page 5 of 9 approximately Y. 425 ., � ' ' makers ... - during . construction (Full Time Employees -FTE); and >>the -.PROJECT will...also -.resulrt ; n;.the:.:creation of approximately 30 permanent new jobs. The PROJECT will generate approximately $9.1 million annually : dm 'tax �-s:evenues. , - to local units of government (2000 dollars). e 'The City .Commission further :finds ;that: (1) the PROJECT will have a favorable impact on :the economy of the..City; (2) the -PROJECT .will efficiently ,se public - transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage 01- 350 Page 6 of 9 conservation, trees, shoreline development,4 minority participation and :.employment,. and minority contractor/subcontractor participation Ywil•l .be —mitigated through , compliance -with ;the conditions: of this Major Use Special Permit. t(11) The__ PROJECT complies with the - - criteria for modification of the Waterfront Charterprovisions as specified in Section 3(mm)(ii) of the City Charter. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. - The application for Major Use Special Permit, which was submitted on September 7, 2000, as modified by plans dated January 16, 2001, and is on file with the Department of Planning and Zoning of the City Of Miami, Florida, shall be relied upon generally for administrative interpretations and is made apart hereof by reference. Section 8. The City Manager is directed to instruct the Director of the Department of Planning and Zoning to transmit a copy of this Resolution and attachment to the developers: Lucia A. Dougherty, Esq. on behalf of The Related Group of Florida and Miami One Centre, LP, 1221 Brickell Avenue, Miami, FL 33131. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the PROJECT as described in the Page 7 of 9 01- 350 >Development :Order .for the . One .Miardi.: �- Phase:' 3- 'Project, which is iattached:-.:hereto,. as : -,"Exhibit �­ All and - made � a part hereof by reference. Section 10. -The -Major Lyse Special Permit Devel-opment Order , -fors: the:_ ,One • •Miami Phaseitca ,Proj-ect A•"Exhibit A") is granted and.aissued. Section 11. - In the event that any portion or -section of this Resolution or the Development -Order ("Exhibit A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order ("Exhibit A") which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the herein Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 01- 350 Page 8 of 9 PASSED 'AND ADOPTED this 25th ',day of January Icro1 JOE CAROLLO, MAYOR In accordance with Miami 60de:Sec. 2-36. since the Mayor did not indicate approval df ..thi6,leg�slatfon by. sipMn9: #.#n ",designated place provided, s3'sd legislation becomes effective with .the elapse of ten (10). f regarding Same, without the Mapr ir► a; ATTEST: Witter J. WALTER J. FOEMAN CITY CLERK APPROVED AS T-90,152CORRECTNESS:& ALE ILAREL CI TT NEY W500 .BSS:ais Page 9 of 9 01- 850 Exhibit "D" J-98-1128 11/16/98 RESOLUTION NO. 9$--1A 51 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ONE MIAMI PROJECT,-- TO BE LOCATED AT THE PROPERTIES GENERALLY BOUNDED BY SOUTHEAST 2ND AVENUE ON THE WEST, BISCAYNE BOULEVARD WAY AND THE MIAMI RIVER ON THE SOUTH, BISCAYNE BAY ON THE EAST AND SOUTHEAST 2ND AND 3PD STREETS ON THE NORTH, MIAMI, FLORIDA; TO BE COMPRISED OF A PHASED PROJECT DEVELOPMENT, CONSISTING OF 300 HOTEL ROOMS, 1500 RESIDENTIAL UNITS, 400,000 SQUARE FEET OF RETAIL, 1,200,000 SQUARE FEET OF OFFICE AND 7000 PARKING SPACES WITH ACCESSORY AMENITY SPACES AND RECREATIONAL USES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 11, 1998, Miami One Centre, Inc., ("APPLICANT"), submitted a complete Application for Major Use Special Permit for the One Miami Project ("PROJECT") pursuant to Zoning Ordinance No. 11000, Articles 13 and 17, for the property generally bounded by Southeast 2nd Avenue on the west, Biscayne Boulevard Way and the Miami River on the south, Biscayne Bay on the east and Southeast 2nd and 3rd Streets on the north, Miami, Florida, as legally described on Exhibit "A" to be comprised of a 01- 350 ME== of NOV 17 X98 phased mixed use development project; and WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Planning Advisory Board, at its meeting of November 12, 1998, Item No. 5, following an advertised public hearing, adopted Resolution No. PAB 72-98, RECOMMENDING APPROVAL of the PROJECT for a Major Use Special Permit, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT, by a vote of five to zero (5-0) ; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order for the PROJECT as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as Exhibit "B" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, as amended, n1"" 350 -2- for the One Miami Project (hereinafter referred to as the "PROJECT") to be developed by Miami One Centre, Inc. ("APPLICANT"), for the property generally bounded by Southeast 2nd Avenue on the west, Biscayne Boulevard Way and the Miami River on the south, Biscayne Bay on the east and Southeast 2nd and 3rd Streets on the north, Miami, Florida,. as legally described on Exhibit "A", attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of up to 300 hotel rooms, 1500 residential units, 400,000 square feet of retail, 1,200,000 square feet of office and 7000 parking spaces with accessory amenity spaces and recreational uses. Section 4. The findings of fact set forth below are hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the applicable CBD Zoning ,classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. C. The total PROJECT is expected to cost approximately $1 billion, and to employ approximately 1,540 workers during construction (FTS), and 160 annual recurring jobs. The PROJECT will generate approximately $17.4 million annually in recurring Ad Valorem tax revenues to local units of government (1998 dollars); of this amount, approximately $5.7 million will go to City 01-- 350 operating, approximately $285,000 will go to City Miscellaneous, and approximately $1 million will go to City debt service. d. The City Commission further finds that: (1) the development program proposed for the PROJECT will have a favorable impact on the economy of the City; (2) the development program proposed for the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the development program proposed for the PROJECT will favorably affect the need for people to find adequate housing, office and hotel and retail uses reasonably accessible to other locations within downtown Miami; (5) the development program proposed for the PROJECT will efficiently use necessary public utilities; (6) the development program proposed for the PROJECT will not negatively impact the environment and natural resources of the City; (7) the development program proposed for the PROJECT will not adversely affect conditions in the 01- 350 neighborhood; (8) the development program proposed for the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the development program proposed for the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, , heritage conservation, trees, minority participation and employment, and minority contractor/ subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section S. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants, owners and any successors in interest. Section 6. The application for Major Use Special Permit, which was submitted on September 11, 1998, as amended, and is on file with the Department of Planning and Development of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 7. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after ®i- 350 - 5 - the adoption of the herein Resolution. Section 8. The City Manager is hereby directed to instruct the Director of the Department of Planning and Development to transmit a copy of this Resolution and attachments to the developers: Miami One Centre, Inc., Blue Lake Management, 5000 Blue Lake, #150, Boca Raton, FL. 33431. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the One Miami Development Project, which is attached hereto as Exhibit "B" and made a part hereof by reference. Section 10. The Major Use Special Permit Development Order for the One Miami Development Project (Exhibit "B") is hereby granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order (Exhibit "B") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "B") which shall remain in full force and effect. Section 12. This Resolution shall become effective thirty 01. 350 - 6 - ONEMIAMI- Project Legal Description Parcel A All of Tract D, Block 1, DU PONT PLAZA, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Dade County, Florida, LESS that portion of Tract D -described as follows: Begin at the Northeast comer of said Tract D and run West along the North line of Tract D for a distance of 645.94 feet to a Point of Curvature; thence Southwesterly along a circular curve to the left, having a radius of 25.00 feet, a central angle of 61 026100" for an arc distance of 26.81 feet to a Point of Compound Curvature; thence Southerly along a circular curve to the left, having a radius of 300.00 feet, a central angle of 28°34'00" for an arc distance of 149.57 feet to a point of tangency; thence run South for a distance of 293.50 feet (said last mentioned four courses being coincident with the boundary lines of said Tract D); thence run East for a distance of 179.41 feet; thence run North for a distance of 150.00 feet; thence run East for a distance of 525.36 feet; thence run North 00°04'07" West along the East line of said Tract D for a distance of 300.00 feet to the Point of Beginning, lying and being in Dade County, Florida. Parcel B All of Block 3, DU PONT PLAZA, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Dade County, Florida. Parcel C Lots 1 through 8, both inclusive, Block 2, DU PONT PLAZA, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Dade County, Florida. Parcel D All of Block 4, DU PONT PLAZA, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Dade County, Florida. _ Exhibit A 01. 350 (30) days after its adoptionl/. PASSED AND ADOPTED this 17th day of November , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.38. Since !hp nrj:C.� this legislation by signing it in the designated viacc�ofide=, �;U s�^:_ becomes effective with the e,a.psja o; ten (10) dais from the date of Comrn;ss c: regarding tee, without the Mayor exercisi%:a eto. ATTEST: r Wattq� eman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CO CTNESS/ ALEJANDRO VII LLO e!TY-`NT TORNEY ,Y.3'041:GMM:csk:BSS I/ This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission _or upon the effective date stated herein, whichever is later. V1M 350 EXHIBIT "B" DEVELOPMENT ORDER ATTACHMENT TO RESOLUTION NO. DATE: ONE MIAMI PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit to be comprised of a Phased Development to consist of mixed uses for the One Miami Project (hereinafter referred to as the "PROJECT") to be located at the properties generally bounded by Southeast 2nd Avenue on the west, Biscayne .Boulevard Way and the Miami River on the south, Biscayne Bay on the east and Southeast 2nd and 3rd Streets on the north, Miami, Florida; see legal description in Exhibit "A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use B-1 Special Permit and hereby issues this Permit: PROJECT DESCRIPTION: The proposed One Miami Project is a Phased Mixed Use Project which will occupy the properties generally bounded by Southeast 2nd Avenue on the west, Biscayne Boulevard Way and the Miami River on the south, Biscayne Bay on the east and Southeast 2nd and 3rd Streets on the north, Miami, Florida; see legal description in Exhibit "A", ("PROJECT"). The PROJECT is located on approximately 14.19 gross acres and 8.98 net acres of land (more specifically described in Exhibit "A", incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as Exhibit "C", and incorporated herein by reference. The proposed PROJECT is hereby approved for the construction of up to 300 hotel rooms, 1,500 residential units, 400,000 square feet of retail, 1,200,000 square feet of office and 7,000 parking spaces with accessory amenity spaces and recreational uses. The Project shall not be constructed until such time that each individual phase undergoes approval as a substantial modification of this permit; said approvals shall require all customary reviews required for a Major Use Special Permit 01- 350 B-2 including the Large Scale Development Committee and the Urban Development Review Board. The mix and scale of uses proposed for the PROJECT conform to the requirements of the CBD Zoning District, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed mix and intensity of uses. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL COMPLY WITH THE FOLLOWING FOR EACH PHASE OF THE PROPOSED DEVELOPMENT PROGRAM APPROVED HEREIN: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Prior to the issuance of a building permit, provide the City with a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Prior to the issuance of a building permit, record a certified copy of the development order in the Public Records of Miami -Dade County that specifies that the Development Order runs with the land and is binding on the +�- 350 B-3 Applicant, its successors, and assigns, jointly or severally. 4. Allow the Miami Police Department to conduct a security survey, at the option of the Department, so as to make recommendations concerning security measures and systems; further -submit a report to the Department of Planning and Development, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 5. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plans Review Section of the Department of Fire -Rescue for the review of the scope of the PROJECT, owner responsibility., building development process and review procedures, as well as specific requirements for fire protection and life safety systems, egress, vehicular access and water supply. 6. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of said Department. 7. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that 01. 350 B-4 the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 9. Record in the Public Records of Miami -Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership-; operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 10. Provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 11. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. 12. Provide the Department of Planning and Development with a temporary parking plan which addresses construction employee parking during the construction period; said plan shall be subject to the review and approval by the Department of Planning and Development prior to the issuance of any building permits. 13. The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall obtain a scope of work from the Miami -Dade County Archeologist and shall provide reports to both that of - 350 office and the City of Miami Preservation Officer. 14. Apply for a substantial modification review and approval for each of the phases proposed within this Major Use Special Permit; each phase shall require approval of the design component including right-of-way improvements,, facade treatment, signage, lighting, etc.; no phase of the project shall be constructed until such time that said approvals are obtained; said approvals shall require all customary reviews required for a Major Use Special Permit, including the Planning Advisory Board, Large Scale Development Committee and the Urban Development Review Board. THE CITY SHALL: Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (3 0) day period to appeal from the provisions of the Permit. The development program proposed for the One Miami Project by the applicant, Miami One Centre, Inc., ("Applicant"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations, and it is further found, pursuant to Section 1703 of Zoning Ordinance 01- 350 B-6 No. 11000 that: (1) the development program proposed for the PROJECT will have a favorable impact on the economy of the City; and (2) the development program proposed for the PROJECT will efficiently use public transportation facilities; and (3) the development program proposed for the PROJECT will favorably affect the need for people to find adequate housing, office space and hotel and retail uses within the downtown area; and (4) the development program proposed for the PROJECT will efficiently use necessary public facilities; and (5) the development program proposed for the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the development program proposed for the public welfare will be served.by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through the conditions of this Major Use Special Permit. The proposed development program does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs I and lighting, utilities, drainage and control of 01- 350 B-7 potentially adverse effects generally, have been considered and will be further considered administratively during the process of approving each individual phase and issuing individual building permits and certificates of occupancy. B -S ONEMIAML PROJECT DATA SHEET (Cont) 6. Floor Area Ratio Permitted: Unlimited. 7. Loading Berths: To be provided at time of the substantial modification to the MUSP. 8. Height Permitted: Unlimited. 9. Building Footprint: To be provided at time of the substantial modification to the MUSP. 10. Parking Spaces: 300 Room Hotel. No minimum/450 spaces maximum/225 provided. Conference Center 100,000 sq. ft. No minimum/1000 spaces maximum/100 provided. 300 Condominium units. No minimum / 600 spaces maximum / 600 provided. 1,200 Apartment units. No minimum 12400 spaces maximum 11500 provided. 1,200,000 sq. ft. of Office 1200 minimum 12000 maximum / 2000 provided. 400,000 sq. ft. of Retail. No minimum / 1333 maximum / 900 provided. Commercial Parking No minimum / no maximum-/ 1,675 provided. Handicapped spaces: The percentage of handicap spaces provided will be as defined by the Florida Accessibility Code. 0 ,"' 350 EXHIBIT "C" ONE M IAML MAJOR USE SPECIAL PERMIT Project Data Sheet 1. Legal Description: See attached Exhibit °1" under the Project Information. N 3 Location: Parcel A is located adjacent to the Intercontinental Hotel podium on the north, the Miami River on the south, Biscayne Bay on the east and Biscayne Boulevard on the west. Parcel B is rectangular in shape and surrounded by Southeast 3 Street on the north, Biscayne Boulevard. Way/Southeast 0 Street on the south, Biscayne Boulevard on the east and Southeast 3 Avenue on the west. Parcel C is rectangular in shape and surrounded by Southeast 3d Street on the north, Biscayne Boulevard Way/Southeast a Street on the south, Southeast 3rd Avenue on the east and Southeast 2"d Avenue on the west. Parcel D is rectangular in shape and surrounded by Southeast 2mStreet on the north, Southeast 3 Street on the south, Southeast 3rd Avenue on the east and Southeast 2"d Avenue on the west. Zoning Classification: Central Business District (CBD). 4. Lot Area: 5. Gross Lot Area: 14.19 acres (618,116.4 sq. ft.) Net Lot Area: 8.98 acres (391,168.8 sq. ft.) Density: Units Per Acre Permitted: 1000 units/acre. Units Per Acre Provided: Parcel A - 300 dwelling units; and 300 hotel rooms(equiv. 150 dwelling units)/3.04 net acres = 148 units per acre. Parcel B - 1,200 dwelling units/2.46 net acres = 488 units per acre. Parcels A & B - 1,500/ dwelling units and 300 hotel rooms (equiv. 150 dwelling units)/5.5 net acres = 300 units per acre. 01- 350 ONE M IAML 11. Open Space: To be provided at time of the substantial modification to the MUSP. 12. Setbacks: Adjacent to all streets - 5 feet. Interior - zero feet. Rear - zero feet. M1AhVMARD0A1F='%r0WWM1•DCCM10& 88 0i- 350- Ll� PLANNING FACT SHEET APPLICANT Lucia A. Dougherty, Esq. for One Miami HEARING DATE April 26, 2001 REQUEST/LOCATION Consideration of a rescission of a substantial modification to the previously approved Major Use Special Permit for Phase I of the One Miami Project located at approximately 205 Biscayne Boulevard as approved by Resolution 01-81 of the Miami City Commission. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of a Resolution of the City of Miami Commission, rescinding, at the permitees request, Resolution No. 01-81 approved on January 25, 2001, which approved a MAJOR USE SPECIAL PERMIT for the ONE MIAMI — PHASE I PROJECT, to be located at approximately 205 SOUTH BISCAYNE BOULEVARD, as a substantial modification to the Major Use Special Permit approved by Resolution No. 98-1151 for the entire ONE MIAMI DEVELOPMENT PROGRAM; further rescinding all rights granted under Resolution 01-81; accepting a hold harmless agreement, in favor of the City of Miami, and thereby reverting to the Development approval status in place prior to the approval of Resolution 01-81. PLANNING Approval with conditions. RECOMMENDATION ANALYSIS: The Department of Planning and Zoning has no objections to the requested rescission of Resolution 01-81 with the condition that all remaining conditions of Resolution 98-1151 remain in full force and effect for the remaining Development Program approved for One Miami. CITY OF MIAMI - PLANNING DEPARTMENT s 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 uate: 41-1 aizuu-1 PZ -2 Q gage 1 3 0 .s AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit. contain the current names,- mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant's Signatu e STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of-�--� 20 6C , by 1-�-��� o. �4 r�Jv�-who is Vemonally known to me or who has produced as identification and who did (did not) take an oath. cYi A.9'. %L Na 62 Not ublic-Stmt iortd'� Commission No.: My Commission Expires: 01- 350 e OWNER'S LIST f er'sName Miami One Centre, L.P, Mailing Address 5000 Blue Lake Drive, #150, Boca Raton, FL 33431 Zip Code Telephone Number (561) 998-92017 Legal Description: See attached Exhibit "2" )U~4 Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Te._r,none Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description Street Address Street Address See attached Exhibit "4"_ Legal Description Legal Description 01- 350 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 205 South Biscayne Boulevard See attached Exhibit "2" for legal description 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trust, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit "3n. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. See attached Exhibit "4". Owner or Attorney fo Owner Lucia A. Dougherty STATE OF FLORIDA COUNTY OF MIAMI-DADEI- The foregoing instrument was acknowledged before me this "7 day of 2000 by Lucia A. Dougherty who is personally known to me or who frls produced as identification and who did (did not) take an oath. 01"` 350 Name: Notary PiF9, p; sEAL Commiss on No ! :v--? *--AJEZ My Com i&1i. E fires: "o, . -M,348 CC 01"` 350 OWNER'S LIST 0- ,er's Name Mailing Address Zip Code Telephone Number Legal Description: Applicant's )D"P4Name The Related Groun of Florida Mailing Address ? r5PL:? Cora l k a y , Mi ami . F Lori da Zip Code 331 A 5 Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Te one Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description Street Address Street Address Legal Description Legal Description 01-- 35.0 Clan I Special Permit as Article 9, Section Section 917.2.1, to allow valet parldng for residential and other ages. Class I Special Permit as per Article 9, Section 925.3.8, to allow development/construction/rental signage. Class I Permit as per Article 99 Section 918.2, for parking and staging of construction during construction. Class I Permit as per Article 9, Sectioaction 920.1, to snow construction trailer. Request for the following MUSP conditions to be required at time of shell permit instead of at issuance of foundation permit: a. The requirement to provide a letter of assurance for the Solid Waste Department; and b. The requirement to record in the Public Records a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association; and c. The requirement to record in the Public Records a unity of iitte or covenant in lien of unity of title. Designation as a phased development pursuant to Section 2502 of Ordinance No. 11000. Request for waiver of Waterfront Charter permission per section 3(mm) (iu) of the Charter. � McPhee Hing Inspector n TnTa P. cit 01- 350 Exhibit 1 ONE AHAMI CBD/CENTRAL BUSINESS DISTRICT Per City Code, Chapter 36. Construction Equipment Request for waiver of noise ordinance while under construction for continuous pours. Per City code, Chapter 23-5a, Request fpr a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area. MUSP, per Article 17 for development of 425 residential units. MUSP, per Article 17 for a parking structure of 1834 parking spaces. MUSP, as per Article 17, for an Increased Development Bonus. Specie! Exception as Article 9, Section 917.1.2, to allow valet parking for restaurant up 50% of existing off-street parking spaces. Special Exception as per Article 4, section 401, to allow bar/lounge open to the public within the CBD District. Class H Special Permit as per Article 15, Section 1511, for any development between Biscayne Bay and the first dedicated right-of-way. Class 11 Special Permit as per Article 4, Section 401, for temporary construction fence and covered walkway. Class II Special Permit as per Article 4, Section 401, for development of new construction within the CBD Distrcit. Class 11 Special Permit per Article 9, section 908.9, for development on Biscayne Boulevard. Class H Special Permit as per Article 9, Section 908.2, for access from a public street roadway width greater than 25 feet. Class II Special Permit as per Article 15, Section 1512, waiver of Guides and Standards and guidelines, for 5 feet driveway from property line. Class I Special Permit as per Article 9, Section 915.2, for FAA clearance letter. Class I Special Permit as per Article 9, Section 906.6, for pool/outdoor recreation area. 01.1 360 Exhibit "3" Disclosure of Ownership for Miami One Centre, L.P. Miami One Centre, L.P. - Owner Miami One Holdco, Ltd. owns 33% NLS Miami Partners owns 33% M.L. Stoltz Miami Partners owns 18.415% BFMC Investment, L.L.C. owns 14.585% Miami One Centre, Inc. owns 1% 100% Miami One Holdco, Ltd. - is owned 100% by Larry DeGeorge, individually. NLS Miami Partners - is owned 52.62% by Ned Siegel - and no other parties own 5% or greater. M.L. Stoltz Miami Partners - is owned 100% by Skip Stoltz, individually. BFMC Investment, L.L.C.- is owned 100% by Barry Florescue, individually. MIAMI/PARMA/1168128/plcoo1!.DO /&rMD(999ss.asml 01- 350 Exhibit "2" All of Tract A, ONE MIAMI PARCEL A, recorded in Plat Book 155 at Page 80, of the Public Records of Miami -Dade County, Florida. 01-- 350 RCMP. Inc. 100.000/0 Related Companies L.P. OFFICERS: Stephen M. Ross, President Michael Brenner, Executive Vice President Susan McGuire, Secretary. Michael J. Wechs)er, Treasurer The Rehod Companies L.P. 1.00%GP_ The Related Realty Group, Inc. 64.7'/oLtd. Stephen M. Ross 24.50/oLtd. Outside Investors (see attached list) 9.80•/9W ' Jorge M. Perez Total 100.000/0 Related Comnanies L.P. Oi tside ksvestm Stephen M. Ross Susan Snider Deborah Williams Jorge M. Perez Trust for Morris Ginsberg Estate for Calmon Ginsburg James Snider 19871RR Ins. Tr. Trust for Daniel Ginsberg Trust for Laurie Rudey Laurie Rudcy Trust for Donald Ginsberg Rona Jaffe Trust for Elsie Robinson Louis Weinberg Andrew Augenblick Exhibi. Estate of Davie) Ginsberg Donald Ginsberg Estate of Morris Ginsberg Calmon Ginsberg 01- 350 Lolyja" C411- t ' 1C "� ENTLTY The Related Group or Florida A Florida General Partnership General Partner - Related Florida, Ltd. Limited Partner - Related General ofFlorida, Ltd. NTF Related Florida, Ltd. A Florida Limited Partnership Corporation General Partner - Related Florida, Inc. Limited Partner - Jorge M. Perez Related Florida, Inc. A Florida Corporation Jorge M. Perez - 100% Shareholder Officers: Jorge M. Perez - President Roberto S. Rocha -Senior Vice President Angel A. Hernandez - Assistant Secretary 2828 Coral Way - Penthouse Miami, Florida 33145 (305) 460-9900 ENTITY Related General or Florida, Ltd. A Florida Limited Partnersidp General Partner - RCMP, Inc. Limited Partner - The Related Companies, L.P. Officers: Stephen M. Ross - President James Flood - Executive Vice President Susan J. McQuire - Secretary 625 Madison Avenue New York, New York 10022 (212) 421-5333 Exhibit 'T' 50.50% 49.50% 1. W/o 99.00% 1.00'!6 99.00% r 01- 350 Exhibit "4" Miami One Centre, L.P. is the owner of the following: Project Legal Description Parcel B All of Block 3, DU PONT PLAZA, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Dade County, Florida. Parcel C Lots 1 through 8, both inclusive, Block 2, DU PONT PLAZA, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Dade County, Florida. Parcel D All of Block 4, DU PONT PLAZA :cording to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Recon.:-, 'Dade County, Florida. 0j. 350