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HomeMy WebLinkAboutR-98-0937J-98-962 9/21/98 RESOLUTION NO. 9 8 + 7 A RESOLUTION, WITH ATTACHMENTS, AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 79-396, ADOPTED MAY 24, 1979, AS AMENDED BY RESOLUTION NOS. 80-707, 86-828, AND 90-911, ALL ATTACHED), FOR THE BALL POINT PROJECT, LOCATED AT APPROXIMATELY 100 CHOPIN PLAZA AND APPROXIMATELY 201-399 S. BISCAYNE BOULEVARD, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES, BY AMENDING THE DEVELOPMENT ORDER TO REMOVE THE SOUTHERN APPROXIMATELY 3.01 ACRES; FINDING THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING ADDITIONAL FINDINGS; INSTRUCTING TRANSMITTAL OF COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 79-396, adopted May 24, 1979, as amended by Resolution Nos. 80-707, 86-828 and 90-911, the City Commission issued a Development Order for a Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, for the Ball Point Project located at approximately 100 Chopin Plaza and approximately 201-399 S. Biscayne Boulevard, Miami, Florida, ("Project"); and WHEREAS, this Project was originally approved under prior Zoning Ordinance No. 6871, and continues in that status; and WHEREAS, Lucia Dougherty, authorized representative of Miami Center Joint Venture, owner, and Miami One Centre, Inc., contract ATTACHMENT (5jl LOItiA1NED CWr MOO=(; OF SEP 2 8 1998 98- 937 purchaser, (collectively referred to as the "Applicants"), now desire to amend the Development Order to remove the southern approximately 3.01 acres of land from the said Development Order; and WHEREAS, on August 12, 1998, the Applicants filed a Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) pursuant to Subsection 380.06(19), Florida Statutes (1995), with the Florida Department of Community Affairs, the South Florida Regional Planning Council, and the City of Miami; and WHEREAS, the proposed amendment does not constitute a substantial deviation pursuant to Section 380.06 (19) (e) (2) , Florida Statutes (1995), and, thus is not subject to a substantial deviation hearing or determination by the City of Miami; and WHEREAS, the State of Florida Department of Community Affairs has provided the City of Miami with a letter stating it has no objection to the proposed amendment; and WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 1998, Item No. , following an advertised hearing, adopted Resolution NO. PAB 98- by a vote of to ( ), RECOMMENDING APPROVAL of amending the Development Order of the Ball Point Project, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the 98- 937 general welfare of the City of Miami and its inhabitants to amend said 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 pertaining to substantial deviation as Conclusions of Law are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 79-396, adopted on May 24, 1979, as amended by Resolution Nos. 80-707, 86-828, and 90-911, for the Ball Point Project, attached hereto as a part of Composite Exhibit "A" of this Resolution, is hereby amended as follows:1/ "Legal Description: • • • ■ 4 Q • / • • offal ma. • RTRNM-1 PER ' Z • + • Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. � 9 937 IN III! .• • • ••-• •-• - I • • • • vNil.r - • -19MMMKIMMMUE • • • - • • • - •- r• • • •-• • •-Will!• ••_ •- . • -- •-• - I IN • Section 3. Resolution No. 86-828, adopted on October 7, 1986, which amended Resolution No. 79-396 for the Ball Point Project, attached hereto as part of Composite Exhibit "A" of this Resolution, hereby amends Sections 5 and 6 as follows:1/ ■ _ANNIM • • - ■ • • • ■ 0001 MHA IN 98- 937 Section 4. Resolution No. 90-911 adopted on November 8, 1990, which amended Resolution No. 79-396 for the Ball Point Project, attached hereto as part of Composite Exhibit "A" of this Resolution, hereby amends Section 29 as follows:I/ ON 1111 M. ■ - - - - - - t7hi.q nPvP'LQ=enf Order cnntinues to run with the land Section 5. It is hereby found that the changes, as proposed: a) do not unreasonably interfere with the achievement of the objectives of state land development guidelines, 9S-- 937 regulations or plans applicable to the City of Miami; and b) are consistent with local subdivision and platting requirements; and c) are consistent with the Report and Recommendations of the South Florida Regional Planning Council; and d) as a result of the aforementioned, does not constitute a substantial deviation pursuant to Section 380.06(19) Fla. Stat. (1995). Section 6. It is hereby further found that, pursuant to Section 380.06 (19) (e) 2, Fla. Stat. (1995) , the herein changes to the subject Development Order is not subject to the public hearing requirements of Section 380.06(19)(f)3, Fla. Stat. (1995), or to a determination pursuant to Section 380.06(19)(f)5, Fla. Stat. (1995). Section 7. Upon full execution, copies of this Resolution and its attachments shall be transmitted by the City Manager or his designee to: Lucia A. Dougherty, Esq., 1221 Brickell Avenue, Miami, Florida 33131, as authorized agent for the Applicants; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and James F. Murley, Secretary, State of Florida Department of Community Affairs, Division of Resource -6- 9Q_ 937 Planning and Management, 2740 Centerview Drive, Tallahassee, Florida, 32399. Section 8. This Resolution shall become effective forty- six (46) days from the date of adoption s/. PASSED AND ADOPTED this 28th day of September , 1998. 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 eflecbe with the elapse of ten (10) ys from the date of Co mission action mgwft same; the Maw x i �ajvveto. ATTEST: W . Foeman, City Clerk WALTER J. FOEMAN CITY CLERK APP',�ED P/TRM AND CORRECTNESS ALWMDRO VILARELLO TY ATTORNEY W2911:csk:GMM 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. -7- 98- 937 All of Tract D, Book 50, Page D described as Block 1, DU PONT 11, of the Public follows: EXHIBIT "1" PLAZA, according to the plat thereof as recorded in Plat Records of Dade County, Florida, LESS that • portion of Tract Begin at the Northeast corner 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 61'26'00" 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 Edst for a distance of 179.41 feet; thence run North for a distance of 150.00 feet; thence run Edst 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 98 937 µ EXHIBIT "Y That portion of the property containing Miami Center Existing is described as follows: Beinq that portion of Tract D, Block 1, •duPont Plaza,• according to plat thereof as recorded in Plat Book 50 at page il, of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Tract D and run nest along the North line 'of Tract D for f45.94 feet to a Point of Curvatures thence Southwesterly along a circular curve to the 12ft having a radius of 25.00 iaet and i .v.ura l angle of 61 degrees 26 minutes 00 seconds for an arc distance of 26.81 feet to a Point of Compound Curvatures thence Southerly along a circular curve to the left having a radius of 300.00 feet and a central angle of 2e degrees 34 minutes 00 secandz for an are distance of 149.57 feet to a loiat of Tangency: thence South for 293.50 feet (said last - mentioned four courses being coincident with the boundary lines of said Tract D)s thence East for 179.41 feet: thence North far 150.00 feet: thence Last for 5225.36 feet; thence North 0 degrees 04 minutes 07 seconds West along the East line of said Tract D for 300.00 feet to the Point of Beginning, lying and being in the City of !Miami, Dade County, Florida. 9 b q 37 r- ! 1102 2189 MMIZIfi A •iKe M doo�,,•�����w.e•R__�.�• J••••Yff„f'.Yaas.a — =21 tit w Imir all of Tract D, Brock 1 of duPoat Plaza, according to the plat thereof as recorded on August 17, 1949.in Plat Bank 50, at page 11, of the Public Records of Dade Caumty, —�" Tlorida, LM that portion of said Tract D described as x�•. c£ foilwre : . -iwwl a• t Begin at the Northeast coruar of said Tract D and JE Cv_ rem west &1=%q.the North line of Txaet D for 643.94 beet to a Point of Cuxvat= ; thence Soutimsstarly along a circular Li,: 11- carve to the left having a radins of 25.00 feet and a central angle of 61 'degrees 26 minutes 00 seconds fat an arc distance �- - of 26.81 feet to a Point of Compound Curvature; thence �= 5otttb�rlp aloag...a..miscu3,ar..curvr..to the- left- having--a�adins • 300 lacy and a ceaesal anglo of 28 degrees 34 stiantes �M j;• 00 sae;ads for an are distance of 149.57 feet to a Point of tt�. Tangency; thane* South for 293.50 feat .(said last Mwticnsd jISi� four courses being coincident with the boundary lines of M I u said Tract n) t theace3 East for i?9.41 feat.; t beaee North !or 150.00 fast' tbeace•Zast for 525.36 fast; glance NNoxth *54 3 E= 0 degrees 04 minutes 07 seconds Most along the East line of 31. said Tract D for 300.00 feat to the -Point of Beginniaq, lying and being in the City of Mimi, Dade Cmmty, llorida. n� • 1 ac r l AA-FpYr'`�•. SiAtii! j p'�• '3CC to A "f' ^`� TiYMe i Xitam •�"y" ill' • j" _ . _ 1 �.."•� a ..'�: I IV IITI m �Ja � t l - JJI • -r;J • � J - - 93 JMH/fl 5/17/79 i- 79-396 RESOLUTION NO. A RESOLUTION OF THE CITY OF MIAMI COMMISSION AL*rHORIZING ISSUANCE OF A DEVELOPMENT ORDER, APPROVING WITH MODIFICATIO!IS, THE BALL POINT PROJECT, A DEVELOPMENT OF REGIONAL IMPACT, PROPOSED BY HOLYWELL CORPORATION, FOR TRACT D. DUPONT PLAZA (50-11). LOCATED ON THE NORTH BANK AND AT THE MOUTH OF THE MIAMI RIVER, AFTER CON- DUCTING A PUBLIC HEARING AS REQUIRED BY CHAPTER 380.06, FLORIDA STATUTES, AND CONSIDERING THE REPORT AND RECOM!IENDATIONS OF THE SOUTH PLORIDA REGIONAL PLANNING COUNCIL AND THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A"; THE RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLAAT7IXr COUNCIL ATTACHED HERETO AS EXHIBIT "B"; AND THE APPLICA- TION FOR DEVELOP!IENT APPROVAL INCORPORATED BY REFERENCE; FINDING THAT THE DEVELOPER'S PROPOSED CHANGES FROM THAT APPROVED BY THE SOUTH FLORIDA REGIONAL PLANNING COl17CIL INVOLVE NO SUBSTANTIAL DEVIATION; FURTHER DIRECTING THE CITY CLERK TO SEND THE RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER. "DOCIJXENl INDEX NOI L:.:_... . WHEREAS, The Miami Planning Advisory Board, at its meeting held on May 16, 1979, Item fl, following an advertised hearing. adopted Resolution No. PAB-23-79 by a 7 to 0 6)te (1 member absent). recommending approval of the Development Order for the Ball Point Project, a Development of Regional Impact, as hereinafter set forth; and FINDINGS OF FACT WHEREAS, Holywell Corporation has proposed the undertaking of the Ball Point Project, a Development of Regional Impact, as defined by Chapter 22F-2, Rules of the State of Florida Dow tmmt of Administration, located within the City of Miami. on a tract of 3.46 acres, at the North hank and at the mouth of the Miami River. 1 comprised of 805,400 square feet of gross office space; 630 hotel units in a structure containing 658.400 square feet of gross hotel space; 500 dwelling units; 95.000 square feet of gross space for retail use; and 2.365 parking spaces; and QM vorm w wYz 4 W6 9 8 .937 �•-------- r WHEREAS, Holywell Corporation has submitted a complete Application. for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council pursuant to Chapter 380.06 Florida Statutes, and did receive a favorable recommendation for a proposed development order on May 7, 1979, as set forth in the Report and Recommendations of the South Florida Regional Planning Council attached hereto as Exhibit "B" and made a part hereof; and WHEREAS, the Application for Aevelopment Approval, as reviewed by the South Florida Regional Planning Council, referred to an office building with 928.200 square feet or gross office space; a hotel structure with 550,000 gross square feet, and a parking structure with 2.560 parking spaces, which does not amount to outstanding change from what is now proposed; and WHEREAS, Holywell Corporation has complied with all the requirements set forth in Ordinance No. 8290; and i WHEREAS, the City Commission has considered the Report and Recommendations of the South Florida Regional Planning Council and each element required to be considered by Chapter 380.06 Florida Statutes; and CONCLUSIONS OF LAW WHEREAS, the Ball Point Project, proposed by the Holywall Curporation complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local and development regulations, being Comprehensive Zoning Ordinance No. 6871; and WHEREAS, the proposed development does not unreasonable inter- fere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of !Miami; and WHEREAS, the proposed development is consistent with the Report and Recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives met forth in Chapter 330. Florida Statutes; and 98- 937 WHEREAS, the Miami Zoning Board, on `lav 21, 1979, granted a variance from the 300 foot height limit and granted Conditional Use approval for Parking uses as allowed in Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami; and l:'HEREAS, the City Commission has determined that all require- ments of publication and other legal requirements for the issuance of the proposed Development Order have been complied with; and t•?HEREAS, the City Commission deems it advisable and in the best interests of the general welfare of the City of Miami to issue a Development Order for the Development of Regional Impact, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED 3Y THE COlTtISSION OF THE CITY Or MIAMI, FLORIDA: Section 1. A Development Order, attached hereto as Exhibit "A", approvins with modifications, the Ball Point Project, a Development of Regional Impact, proposed by Holywell Corporation for Tract D. DUPONT PLAZA (50-11), located on the North bank and at the mouth of the Miami River, he and the same is hereby granted and issued. Section 2. The Report and Recommendations of the South Florida Regional Planning Council dated May 7, 1979, is attached as Exhibit "B", and made a part of this Development Order. Section 3. The Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380.06 Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties. Section 4. Pursuant to Section 380.06 (2), Florida Statutes, the City of Miami has reviewed the proposed changes to the Applica- tion for Development Approval from that approved by the South Florida Regional Planning, Council, and finds no substantial deviation there- from. Section 5. The City Clerk is hereby authorised and directed to send certified copies of this Resolution immediately to the Florida Division of State Planning, Department of Administration. Room 530. Carlton Building, Tallahassee, Florida 32304; to the South Florida Regional Planning Council, 1515 N.W. 167th Street, Suite 429, Miani, Florida; and to Holywell Corporation, 2 DuPont Circle, Suite 100, Washington, D. C. PASSED AND ADOPTED this 24 day of May , 1979. MAURICE A FERRE ATTEST: CLERK PREPARED AND APPROVED BY: �:- fal 4�L stant City Attorney APPROVED AS TO FORM AND CORRECT7NESS: 4 -9 8— 937 Ir9- a,e EXHIBIT A ORWI pM" WIDER Let it be known that pursuant to Chapter 39D.0 Florida Statutes the 0awdso100 of the City of Miami Florida has considered in public hearing hold on nW 24. 1979 the issuance of Development order for &all Point, a Development of Regiasal Impact to be located in the City of Mimi. Pursuant to Chapter 380.06 Florida statutes and after due consideration of the consistency of this proposed development with regulations, and the Report and necoonendations of the south Florida Regional Planning Council, the Ccadesion took the following action: Approval of this development with the following modifications. Development 1. The development is limited to a project containing not more than# 80S.400 square feet of gross office specs# 630 hotel units in a structure om- taining 6S8.600 sq"re feet of gross hotel apace# Soo dwelling units# 85.000 square feet of gross retail use and 2.365 parking spaces. The project as proposed would comprise an "ore" Flow Area Ratio of 6.36 fac the 8.46 acre site. approtisl having been previoumly granted far a variance from the 300-toot Aright liait and conditional use approval for parking uses. Further. the lot coverage is_jl__6r the grained usable open space is _ 7 ; the enclosed pedestrian apen specs at wait floor Level is -L§ -_e as specified by the Applicant in the Application for Development Approval and the preliminary design documents of March 23. 1979. as amended by Supplement dated MMY 11 r 1979. -1- • 79-396 98 - 937 2. The applicant is encouraged to address the following coacerae about the proposed developments a. Activities should be incorporated along the River Walk inn order to prow 60 meaningful and contiamoss pedestrian experiences and attractions. b. Attention should be given to the treatment of the Biscayne Boulevard facade to ameliorate the apparent bulk of the structure. C. Attention should be given within the project to providing views of the Miami River and Biscayne say as, for example, by interior design of the main floor level. d. Attention should be given to shaft and landscaping at the podium level. These concerns, as shown in construction documents, are subject to Planning Department approval prior to the issuance of a building permit for parking and any enclosed areas. Permits for such matters as foundations, seawall renovation and site preparation will be issued, however, upon proper applications therefore, before such approval is required. ]. The applicant will dedicate a pedestrian easement of not less then 20 fast to the City of Miami in perpetuity for Miami River Walk and Bayfront Valk purposes, and will construct the Walk and provide furniture and landscaping deemed necessary by the City of Miami, "W applicant will design the ease - meat area and adjacent private space to allow views and access from the Project satablishments, while fostering appropriate public use of the walkway. Responsibility for perpetual msintenaaos of all sections of the Walk by the Applicant will be specified in the samso at doeam et. Pimal leadsosps plans are subject to the approval of the Planning Bad Public Worts BBpastammts prior to the issuance of a permit for the Miami River Walt and Bayfsoat Valk. '2 ?9•89s 98- 937 PON Permits for such matters as foundations, sommell renovation and mils immu mmtism will be issued, however, rpm proper opplicatianm therefor . bmfinen seek approval is required. 4. The Applicant shall provide landscape treatment for the samtorly end of Chopin Plasm as a means of connecting the sgfrcet walk with feyfromt Paris, at least comparable to the dimensions of the Bayfroat Walk,with maintenance by the Applicant. Final landscape piano are subject to the approval of the Planning Department and Parke Department. 5. Subject to .obtaining all necessary permits and approvals, In the event that a Downtown People Mover station is located at. or in the vicinity of. Biscayne Boulevard between SE lsd and 3rd Avenues, than the Applicant mbell provide an upper level pedestrian connection to the station. 6. to the event that the deveLper is successful In aogmiring ownership of at Last three of the four blocks in adjacent Dupont Plana, than the Applicant shall consider the provision of an upper level padsatrien connection from this project to the Applicant's future development In Depcst Plana. V fic Acme@ and Parking 7. Prior to the issuance of a building posrilt, for parking and enclosed acmes. (parndts for such matters as foundation, seawall renovation and site preparmUum will be issued. however. upon proper applications therefor. before much aWmv&t is required), the Applicant shall, wing assumptions, and geoW&%&Qn rates aosapt- able to the Dade County Department of Traffic and Transportation ("Coumty") and *a South Florida Regional Planning Council ("Council"). Prepare and ambmit appes- Priate data and documentation affirmatively demonstrating to the satiefaatimm of the City of Miami Public Works and Planning Departments ('City') and "a County acceptable interim improvements to allow roadways to - -b, at 101"a of service acceptable to the City and the Csanty is the A.M. and P.N. peek hssss Pending the oopletiam of final traffic irpcovemmmts. the -r 79-394 98-- 937 Permits for such matters as foun"tic" . seawall renovation and site prepwstiga will be issued, however, upon Proper applications therefor , before DUO approval is required. 1. The Applicant shall provide landscape treatment for the easterly and of Chopin Plaza M a means of connecting the Bayfront Walk with Bayfront Park, at least comparable to the dimensions of the Bayfrvat Walk,with maintenance by the Applicant. Final landscape plane are subject to the approval of the Planning Department and Parks Department. S. Subject to obtaining all necessary permits and approvals, in the event that a Downtown People Mover station is located at, or in the vicinity of, Biscayne Boulevard between BE 2nd and lyd Avenues, then the Applicant shall provide an upper level pedestrian connection to the station. 6. In the event that the developer is successful in acquiring ownership of at least three of the four blocks in adjacent DuPont Plaza, then the Applicant shall consider the provision of an upper level pedestrian connection from this project to the Applicant's future development in DuPont Plaza. Traffic Across and Parking 7. Prior to the issuance of a building permit- for parking and Orchard areas, (permits for such matters is foundation, seawall renovation and site preparation will be issued, however, upon proper applications therefor. before such approval is required), the Applicant shall, using assumptions, and generation rat** a0e0t- able to the Dade County Department of Traffic and Transportation ("County") me as South Florida Regional Planning Council ('Council"), prepare and submit appze- priate date and documentation affirmatively demonstrating to the satisfaction of the City of Miami Public Works and Planning Departments ("City') amd the County acceptable interim improvements to allow roaAwsya to Opera" at Pawls of service acceptable to the City and the Cemsly in the A.N. and P.N. peak bemB pending the completion of final traffic LOPMWOmen". Tba ; 7 9 . 3 9 S -r 98- 937 9 data and documentation shall also include projections acceptable to the City, the Council and the County establishing when isplsesw- tation of interim solutions ahall be required in whole or in part. Such projections shall be reviewed annually after beginting of occupancy and, when appropriate. modified by the City, the Council and the County. The Applicant shall pay its equitable share of the cost of implementing the acceptable interim improvements. Prior to the issuance of a building permit for parking and enclosed areas (permits for such matters as foundation, seawall renovation and site preparation will be issued, however, upon proper applications therefor before such approval is required), the Applicant shall estimate in a manner acceptable to the City or SC -79•389 98 - 937 0- the County. such equitable share and bond that amount with the City or the Corte. Pt:,r to the issuance of a building permit for parking and enclosed arcs/ (permits for such matters as foundations, seawall renovation and site preparation will be i Issued, however, upon proper applications, therefor before such approval is reqmirmd). the Applicant shall obtain a commitment on the part of the City and the County to implement the acceptable interim improvements by the time indicated by the projsctlosm. Copies of documents, data and commitments chall be sent to the Council and incorporated into the Application for Development Approval. B. The Applicant will fund the following improvements to Biscayne Boulevard along the site which are necessary to accommodate Ball Point traffic: provision of four traffic lanes on Biscayne Boulevard from the southernmost site access point to SE 20d Street and will dedicate any property necessary for such improvements: removal of the island near SE 3rd Street. provision of a traffic signal at SE 3rd Street. and addi- tion of a second left turn lane northbound onto SE 2nd Street. If approved interim Improvements. under 7 above, obviate the need for any of these improvements, such Improvements(s) shall not be required. 9. The Applicant will reserve the land located vast and south of the "stern right -of -sway of Biscayne Boulevard extended, and will dedicate that land to the appropriate govern - mat agency if the land is required for construction of a Miami River crossing or. in the event that such construction does not proceed, will dedicate that land to the City of Miami for a public purpose. 10. The Applicant will negotiate an agreement with the City of Mimi, providing for two traffic lanes on Chopla Plaza unobstructed by parking movements for adequate access 4 to the botelg with the balance of right-of-way on Cbopia Plaza devoted to patkins Miami River Bayfroat stalk purposes and other approved was. The applicant ehall indemnify the Off -Street Parking Authority for any lose of entered parking speeen attributable to providing adequate access to the hotel. -}- Z9-396 98- 93 r 11. The Applicant Will provide at least the equivalent of the spaces tAat would be required by the Dade County Zoning Code (Section 33-121(a)) for exclusive use by condominium residents and guests. The Applicant may provide such parking supply through construction of additional self-parkistg facilities; through facility redesign; through design for and provisions of valet parking, or a combination of the above methods. Lnvironsental 12. The A.*Iicant Will report to the South Florida Regional Planning Council the results of its marine community survey before proceeding an seawall renovation. If viable marine communities are detected. the Applicant will incorporate, in its Corps of Engineers permit application, measures to minimise impact of seawall renovation on the** organisms. 13. TM Applicant will inform the Dads County fistoric Survey of the inception and timing of excavation for the project. 14. The Applicant shall secure a complex source permit prior to the inception of construction. 15. This Dow lopmsnt Order sha11 be null and void it substantial development of the site has not befmb within two years of the recorded date of the Devslopmeat Order. 16. The Applicant will incorporate all additional information request" by tbie Development Order and revisions omisiitted by the Applicant subsequent to original submission of the Application for Development Approval late a com- plete docoment and will provide copies in a timely smaner to the fsatb rleeride Regional Planning Council, City of Riau&, Dade County and the State. 7b9-396 98- 9C3�7 r- 1?. the Applicatim for OOwlapmrnt ApproVOl to Lftewporatsd bmrda by reference and relied upon by the parties is dieckoxM emir ototstsry duties ender mapter »o llovide statstss. sdNMMtial 60011e010 with the repr+mentatioas osetainsd in the Application fer oevelapomat B"We al in a Condition for approvel adore waived or modified by aprussnnt Omni the parties. .7. 98— 937 J-Ai1 IO/Vu RESOLUTION NO. 96—�8 A RESOLUTION AMENDING A OMLOPMEHT ORDER (RESOLUTION ?9-M; MNY Pt, 1979, AS NE rr0) FOR THE HINU CENTER I PROJECT, A DEVELOPNENT OF REGIONAL IMPACT. PROPOSED BY WI MI CUITEIt JOINT VEMTINE, AND LOCATED AT APPROXIMATELV 100 CHOPIN PLAZA AND APPROXIMATELY M-5911 S. RISCAYIE BOULEVARD KING YRACT 0. MOM PLAZA (SO-11); INCORPORATING THE APPLICATION FOR OMOP1EMT APPROVAL AND THE REPORT AND OWNI tNDATIONS OF THE SOMfl1N FLORIDA NWOMRI PLANNING COUNCIL; MAKING FINDINGS. A/PIVING SAID PNOXCT SMELT TO TW MODIFICATIONS TO THE SEVGA" ItrT ONOER 112A1mum TO TIE OMIK SITE; FORM inns coma POITumm G LY to Tg SOW 9 i.p AM OF flE $11NO T SITE MMtAr AS NK WW Rmm trwm NLY KMo1N AS 11MOM PLC•! Pig= 1 AND I. AND NMI Vm 01111ITIM III: SWIN11011 101110111 OF 1K SNi C PF&W1 R;;ttMM AS ONE swain m ttm till 1c mimm A Wd aPai OF VK MIEN m Emma AN N SIDE 11 Ar KI AIWIU AND 111111 t. min MMlam Planning AbHwy Board, at Its seat/al told oa MUrr 15, 1079, IfM #1, hltaWUy m 460 0199/ MNBW4499 SdWW MloaalntlSo No. ►*41- ?P or a 1 « 0 rams (l now meant), raeo■md as approval of go %WUP■ K Order tw 1110 Oall Mot Pnjoct, (ARA NIsM Costar I pvjwt). a Oaaalamoo t of wloanl l+act; ad ilil=lO, molovell Conwattoa proposed as warming of as sell Po/at Pryaet WA Now comm" r 1 Pwaet) a DMUPMaat of Reponal Ir*Wt, as rflaM y t4/or W-t, 0a/oa of we Stott of Ilorlde Ospar,maat at AdmlMaVotto4 10 -1 rttlda ales MO of NOW, as a troet of land OMt#1NNNO mWea1■atoly 8.46 acres locatod as tit Nara Nark at the month of tea Not there cow and of MOM SgmWe tart of P1oat office space; 00 lanai Witt to a St W"re oo11 MaO 1100,000 araara fact of rasa 1ota1 GPM; M dra11108 malts is to man "owning MOM $* wo fact of Voss r:sldest/al apace; Is.000 own" hat of gross spats far re"ll m; and 2.60 PettNM Smm. and MENM- HO)ywll CarWattoa aalWNtted a cocelate Ameltcatton for Develop at Approval !or a DcwlaPaeat of Reploaal ta+aet to tAe South FleMda 7-gagor 0! 98- 93`7 0 Reliant Flaming 'CONK fl Pu want In Chapter 3110.06 Florida statrtea, and dild rocoI" a favorable recomandatien ter a proposed dawlap■dat ardor as Mp 7. 1979, as set for in the Report and Recommdatians of the sago Flo-ft Regional PIMIng Council; and VWREAS, the Application for Dovelopsisat Approval, as reviawd Id the Smith florid@ Regional Flaming Council, referred to an office Mii I" wio l2$,200 sgwre feet of gross office space; a Mte1 struhctare with 50O.000 gees square lost, um cendoninive tohtsrs with OK.700 great sggan feet and a parking structure with 2.50 partial spaces; and Offun. Netyattll Cerpratim ""lied with all the rMirwents set forth to Ordinance No. $tgo by appearing Wore the City of Mimi planing Advtsmy lewd; and iKKAS. the City Cannissian considered the Report and Rm:sattandatims of the Ssgth Florida Regional Planning Council dated No 7. 1979 ad sash el"M rehired to be considered by Chapter th0.O6 Florida Stelant and Ww", the $all point ►mjwt. as originally prow" by the wlluyll Cogwet/en in IM, NMI ied with the Mimi Caiprehwt tw wigMaMAeM Man. �? hrM thin/"" with the ~y dawlaptiMt ad goals of the City aR-11 M, ad c"lled with Iasi ad dwelapawnt "latiens, being am the COWOMsive IN%$ Orrtaance w. am; ad 1t the sell point pNWW did not Wrea"naly latu r" a with- Me ^ ' aeh"Umt of go ddecttm of ths adapted State Lind latoitprnt, no '}ra "Oftailte to the Cie of NW; 4" �. the fall NNnt "Watt M atnsbtwt of Mt aeon 40 ft=MdrNwe of the fad rlwft Na$iwal piMntn$�tr,h:il aat� dlliral�t a,. awr ably tnterpare wfth cop. at thn ansidwatlene and Skeen W on in awter nk norlds titattrbast ad KpJIS. the Matti teninl seerr. M ilp g. 1Ul, $ldntad a. the $w feet beigbt iiuit ad $ranted CaadttianN No cop wnl tv part . alai the allowed in ora mp w. •71. as thw•CstprMMe " 200160 10"Ok ;, for She CtV of Mimi and NMU$ the Ci'T CearissIN a ttAft W that , s1t ptbl icatftj ad ether logel ra pireotnts for a* htthtnohr a1 tbn 4:. ;� $ovelopnmt Order had paw caviled witht and V ENEAS, the MY Cattatasisn datdted it abtsablo sad In tho `fit..- ai the goheral Welfare of the City of M/a@i to !sane a $svouptWt i)rdlltr��► �� 98- 937,�. the Sall Point project (AKA Mimi Center I project) a OMIOpmxeet of Regiaaal Impact; and WHEREAS. the Mimi City Commission, by Resolution 79-396; May 24, 1979. issued a Developumit Order, attached hereto as Exhibit W. approving with maodifications, the Ball Point Project (AKA Mimi Center I project) a Developwnt of Regional !pact, as proposed by Molywell Corporation for Tract 0, DUPONT PLAZA (5D-11), which project was limited to 928.200 square feet of gross office space; 630 hotel units in a structure containing 650.000 square feet of grow hotel space; SOD dwelling units in two towers containing $66.700 square feet of residential space; 75.000 square feet of gross retail use and 2.666 Parking spaces; and MEREAS, time Miami City Commission by Resolution W707; September 26. 1960. amended the Develop Order (Resolution 79-396; May 26. 1979) by amuMMg paragraph 7 of Exhibit 'A` to provide tMt the lfolyweli Corporation reach agreement an interim traffic improvements prior to the issuance of a Certificate of Occupancy rather then prior to issuance of a building permit and, foram findtag that this ammdmmt did met constitute a substantial dwiotim frmm tha to, of the Oavelopwnt Order (Resolution 79496; hap► 24, 1979); aM IRO:KU, the development on the north arm of the site described IN ExhiNt 'E'. MIMI Caster Exlsttng'1 Asa been largely completed. and a Certificate of Occupancy Isms boon issued, S§bJsct to a restrictive ceemaat adiustag rasing conditions In the Oevelopemt Order. and IRRna, the Mimi Center Joint Venture (•Applicant' ), sraessors im Utersst to the Molywell Corporation, had proposed amending as •wel"mmt Order to ddwW the dewlepemt allowed m the souNim 3.01 ecru N fte ON &MM Wtieslerly don =*W m tm bfbft TO attached he to aed menu hnem as Nbe NMet ►lase'li a:lafeimg that am* nNammnt did an' Vamovskmti smtetantiee doutiem; and ar MCI* WWM, the Miami ►lemUg Advisevy Nerd, on-FdW%MWy 46 IM, br e • a i 0 vote racsmsmded that the ammdemb emsetitstsd sabstmtial dwNillmml Iw be raforred to the Swth Florida Regional Nomlmg Count"; and 00", Mr. Froab Callahan. Chairmm, SautA Florida Repenal Councll. to a letter to am Miami Nwor Maurice Form. dewt" Fobrftly Wi.,' W6. stated that the prop"" mmdmmta omstitslN Is 0sh1111eetla4blr>OW aces►ding to Chapter th0.06(17) F.S.i that the Cesnoil mwdld ,q0* ->~. 9 g - 937 s xrrw�haee:7r.. dec is ion of the MY to the contrary. and wwd the appt fcant to snlntt as amended Application for Development approral to the Coawcn and City; and MiMM, an March 20, 106. in pubic bearing before the Miami C"g Cammissian. the applicant withdrw the item; and MERM, pursuant to Chapter 3B0.06 (17)(a) F.S. (1963) the MWAWamts pr+aposed by the applicant constituted a substantial deviation from tars of the previously issued Developemnt Order; and WOW, Applicant has submitted an amended Application for Development Approval for a Development of Regional Impact for the entire 8." acre site of the Niami Canter I prgjoct as July 11, 1966, more particularly described le Exhibit V attacked hereto, to the South Florida Regional Planning Coemcil porsomat to Chapter 300.06 F.S. Said application requests changes en omly the One 0upant Plata Prgject site b deleting the Previously $proved ewe teuers comprisiwg no duelling units of 0g 'm square feet of gross residential bunding arse ad I,M part %$ spaces and subetitmting the follawfmg therufar. 00 mind we ttuers Comprising 150 duollI" twits of 300,000 gray, square feet ad MOOOD puss square feet of o Mfol no; 2,4f10 = Brats agoare feet of office use and retaining I= Nuking $paps, altagether awls," 2,4006000 Vase Nmare feet; end rE>IM, the South nerI t 1091001 ►I Ming CONCH, a Fdmtml 3. UK recommeded Appruwl, with condltiens, of the proposed rwis" Projeet a `owe empant Plata% as set forth ion the Ryort and Roo�rssewdat;jNa .fit: South nwift Qegfewal Planning Council, dated Fahwnr 4, M, attem"'m L66ft V aid ..r a part benof; and �z lam, A0116- mt his NMI Ud wfth all the rageiromm sit two Im Or fmtmoe oft as ..emdod. 0he tawty Wdomm of the CA* of Portalm's" to the southern 3.01 acres of the site., and 1fNUM, the C"W Commission has comsid red the Report am 1h," of the South Florid. It"Ismal Plowing Comottl dated iabiwary 4 oloment re IMW to be comssidwed Or Cheptor 310.06 F.S.; mod ' M KU. the One Oupowt Plata prejeet admpl ias Ufa tea Cfbi'a�" Mfalet CamprMensioe Neighberhoed Plan, is consistent nth the W&P* Iii4ANj6t the City of Niami, and ceaplios, as to the northerly 6.4f MM of knows as 'Meal tenter ExisttW (tth'f►it devel opsnt regulations end camel iet. a< to no SW"043? site known as "Ono Dupont Plata` (EAlbit IF% ►Mies I asd t, w1 .i" land decal epmane regmlatlon:: oe (93.7 —:� VNIUL 66 Ples ane donne - r .aNay.e.c of the Ivor the aiBMBet.s nor. applicable to the City of Miami; and VMWAS. the One Dupont plaza is consistent with the Rupert need RecawmmidetlMs of the Sorts Florida Regional ►lanning Council (Fammy d. 1166) and does not unreasonably interfere with any of the considers aN objectives set forth in Chapter 390 F.S.; and WNWAS. the Mtamt Zoning Bard, at its amating of June i. 1106, Item 3 following an advertised hearing. adopted Resolution ZB 5B-B5 by a g to 0 vote. grMting a variance, with conditions. from Section M3. Zoning Ordinance "00. to provide 3 of 10 rogeirod off-street leading stalls 12' x 35' x 15' ad 6 of B reRuired off street loading stalls 12' x 65' x 15% and IRERE , the Miami pla Ing Advisory Bard, at its meeting of June IB. 1BB6. item 1. following an adwsrtisN hoorfng. adopted Resolution MB am 15r a g to 0 voq, rocammsnding approval, with modif Ications, of the amended Development Order for the Mimi Center I project; ad VWDS. the CfV COMMiSSION. at its meeting of June ti. 1904. Item pZ--13 pauN Motion WRO Mich continued the it= to 3:30 pm, September 26, 19%, subject to the applicant's acceptance of to tin imima raaNm-to as outlined Igo the Plammtng DSpartmwt; fail UB which the appl kart world not be r"Ired to appear, ad tmttm. the MY Commusim has dot mood that all respiro■mb of publtcattan ad otter lop) roWrsmem for the iasmamee of ton Development Orden bmve been complied with; and 1lB 'the C"W Commission door it afthahle and in the but tntereats Of the ONW111 welfare of the CltW of Miami to approve an amended Development Order ftr No NUmi Center I project. a /eve/apnent of Reg/enal Japan net b"t ufBmr set forger= _P BBM. i1EREFBIE. BE IT WOURD IT THE CWISS= d lit CM OF NVM. nook FINDINK OF FACT AM COi MUiI01a OF LAM section 1. The following findings of fact ad conclusion of Ur are moods We respect to oho project: 1 A. The City Commission herebey determines that One Docent Plata is In cafemity with the adopted Miami Comprehensive Mioberhaad 3 Plan. s b. The City Commission hereby determMes that One Dupont plus is In accord with the zoning district classifications of Z"" , Ordinance 29W. C. The City COMMISSION hereby finds that One Dupont place Wald Net v have an adverse taoact a soft%. matul 1ih, or 17 W W further finds that it would have a number of positive impacts including; I. Up to 2.500 permanent new jobs would be generated by the One Dupoa.t Plaza project, and, as a result. nearly 2.900 additional full-time Jobs could be created in South Florida, with a S10B million increase in total wages and 5164 million in value added to the regional economy. 2. A net positive fiscal impact of $8.1 million would be created by the One Dupont Plaza project. 3. A reduction in the growth of regional energy consumption would result from the energy efficient conservation measures proposed by the Applicant. d. The City Cowission hereby finds that One Dupont Plaza would have a number of adverse impacts which result from the normal course of development or can be potentially mitigated by the applicant through the conditions in the Development Order. as follows: 1. Increase annual anergy use within the Region by the equivalent of nearly 6.7 million gallons of fuel oil. 2. Increase the amount and wdOer of hazardous wastes generated on -site. 3. Place additional unfunded demands upon police. emergency rescue. and fire services. S. Generate 2,464 AM and 2.250 PM peak -hour vehicle trips (Miami Center existing and One Dupont Plaza) on the regional roadway network and, along with other development traffic, reduce levels of service on segments of the regional roadway network. Section 2. A Development Order. amending Resolutions 79-396; May 24. 1979, as vended by Resolution W 707; Septasber 25. 1260; being the Development Order for the Ball Point Project. AKA Miami Center I Project. a Development of Regional Impact, proposed by Ethan Mins1W. as agent for Miami Center Joint Venture ('Applicant'). for Tract D. OU PW PLAZA (60-11) P.R.D.C. is hereby approved with conditions. and granted and issmmd in be parts; Exhibit "A" attached hereto and made a part of this Resolutione pertaining to the entire 8.46 acres of Miami Center I (more particularly W described in Exhibit '0" attached hereto and made a part hereof), and Exhibit "B% attached hereto and made a part hereof, pertaining only to the southerly 3.01 acres of the site known as the 'One Dupont Plaza" Projectl, Phases 1 and 2 and more particularly described in Exhibit 'F", which is attached hereto and made a part hereof. Exhibit "B' shall be binding only upon Applicant, its assigns and/or successors, and shall constitute a covenant running with the land for the southern 3.01 acres that are part of the One Dupont Plaza project in accordance with Section 9 of this Resolution. Nothing set forth in Exhibit "B' shalt be binding in any way upon the owners of Miami Center Existing, its successors and/or assigns, nor shall anything in Exhibit 08' increase, decrease or otWvfse affect the obligations of Miami Center Existing under Exhibit W. To the extent that there are any obligations, rights. duties, privileges or liabilities set forth in Exhibit "A' which are in conflict with, or which are substantially similar to, obligations, rights, duties. privileges or liabilities set forth in Exhibit "B% then, as to the southern 3.01 acres. Exhibit W shall control and supersede Exhibit 'A'; provided. however, that nothing in Exhibit "8" shall be construed to in any way control or supersede the provisions of Exhibit 'A' as the latter apply to the northern 6.46 acres. Section 3. The Report and Recommendations of the South Florida Regional Planning Council dated February 4. 1286. is attached hereto as Exhibit 'C' and Dade a part of this Oewlapow t Order, provided however, that nothing set forth in said Exhibit Y", shall be binding in any way upon 'Mimi Center Existing' (the northern, developed portion of the Mimi Center I project i consisting of the Motel Intercontinental [F/V/A Pavilion Motel]. the Edward Nil office building and garage and associated uses described in Exhibit "E"). its successors and/or assigns. The Report and Recommendations of the �i South Florida Regional ►laming Council dated May 7. 1979. an file with the City Clem as Exhibit 09' to Resolution 79-396; May 24, 1979, remains in effect only a not superseded by Section 2 herein or in conflict with the aforementioned Exhibit "C" or Exhibit *8' attached hereto. 1 The Namur of the proposed project on the southerly 3.01 acres of the eriginel { Mism/ Center i Project boa boon cha pd from 11scy►M ►ten" to 'None 011ent P1aza' because Of a NOW conflict with an existing 'Nbcgno Plan Shspptng Center and Office Complex." Mr. Russell Mirt44 prepmed dbvelegew of the southern 3.01 acres described in Exhibit F. attached hems, r stipulated to the Naar change, an the record, deriM thm Plan" Aar>� Nord Meeting of June 18, 1986.. Cons tly. tie pro~ Lxblb t mondmmnts to the Dewlopnnt Order of 1979, as amnmled Is 1990. are few a project now known as 'One Dupont Plaza'. and will be identified as seek where possible. Any references to "Niscayne Plaza` arm to be couatrwd ae references to "One Dupont Plaza' and vice versa. -7- 98 - 93"7 ! 0 Section A. The Consolidated Application for Developent Approval (CAN) as revised pursuant to Condition 20 Exhibit 'B' is incorporated herein by reference and is on file with the City Clerk and is relied upon by the parties in discharging their statutory duties under Chapter 3BO.06 F.S. and local ordinance provided, however that nothing set forth in the CADA shall be binding in any way upon the owner of 'Miami Center Existing' (the northern. developed portion of the Miami Center I project consisting of the Motel Intercontinental (F/K/A Pavilion Hotel), the Edward Ball office building and garage and associated uses), its successors and/or assigns. The Application for Developaw!nt Approval. filed in 1979. as revised pursuant to Condition 16 of Exhibit 'A' of Resolution 79-396. May 24. 1979. remains in effect only as not superseded by, or in conflict with, the aforementioned Consolidated Application for 0evelopment. Approval. Substantial compliance with the representations contained in the Applications for Developeient Approval are a condition for approval unless waived or modified by agreement among the Council. City and Applicant, its successors and/or assigns. jointly and severally. Section S. Exhibit 'A' and Exhibit W shall be binding upon the Applicaat Maui Center Joint Venture and its successors IN interest as provided herein. Exhibit 'A' shall be binding upan the ewer of Miami Center Ex/stlq and its successors and assigns. Section 6. The Development Order attached to this Resolution for oewlopmwt of the One Dupont Plus project shalt expire an Docember 31, 1916. ff prior to that date the applicant has Net obtained a foundation building permit for One Dupont Plus. Phase 2. or upon certification by the ►tanning Director to the City Commission that ail conditions of the Development Order Maw been met, whichever is earliest. provided further that in any ewmt the Developmamt Order will terminate on January 1. 2000. Section 7. The City Clam Is hereby authorised and directed to sand certified copies of the Resolutions Immediately to: The Florida DepartWt of Ceuu mitt' Affairs. 2671 Executive Center Circle East. Tallahassee, Florida 32301; Tha South Florida Regional ►laaning Council. 3440 Hollywood Oewle#ard, Suite 160. Nollywomd, Florida 33021; Ethon Niasky. Esq.. Shea and Gould. 40 Orletell Avenue. Suite 1401, Mimi, neride 33131; and Jeffrey Oeroow, Eel., Steel Netter 6 Davis. 4000 Southaast Financial Center, Miami Florida 33id1- 2396. Section B. The recitals of fact referred to iN the "IOEREAS' cis"* are true and to, and made a part hereof. 9 8 - 9 e, 7 0 W Section 9. The City Clerk is hereby authorized and directed to reeerd this Development Order, consisting of this Resolution and Exhibits 'A', 'L', 'C', 'D', 'E', and 'F' and their attachments, with the Clerk, Dade Coa ty Circuit Court, pursuant to Section 360.06(16)(f), Florida Statutes (1905). specifying that this Development Order is a covenant running with the land that consists of the southerly 3.01 acres that is the site for the Biscay" Plate project and fire particularly described in Exhibit 'F'. This covawant shall be binding on Miami Center Joint Venture. its successors and/or assigns. jointly or severally. PASSED AND ADOPTED this 7tr day of October 1966. i ATTEST: I Al�a' REVIEWED AND APPROVED IT: *T:cI ATTORNEY APPROVED AS TO FORM AND CORMTiE . UUUbMWXk4- CITY ATTORNEY -9-98 - 937 Resolution 79-36: ley 24. 1979 Resolution W707: sept4mmr 25, 1980 Exhibit •A' Attached to and nos a part of Resolution 66-M October 7, IM 937 J-90-897 11/08/90 RESOLUTION NO. J tl 11 11 A RESOLUTION, WITH ATTACHMENT, AMENDING A PREVIOUSLY ISSUED DEVELOPMENT ORDER FOR MIAMI CENTER I (RESOLUTION 79-396; MAY 24, 1979, AS AMENDED), A DEVELOPMENT OF REGIONAL IMPACT PURSUANT TO SECTION 380.06, FLORIDA STATUTES, BY AMENDING THE DEVELOPMENT ORDER FOR ONE DUPONT PLAZA (EXHIBIT "B" OF RESOLUTION 86-828, OCTOBER 7, 1986), LOCATED AT APPROXIMATELY 301-399 S. BISCAYNE BOULEVARD, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY AMENDING CONDITION 29 TO EXTEND DEADLINES BY THREE MONTHS (EXTENDING THE LATEST DATE FOR COMMENCEMENT OF CONSTRUCTION TO FEBRUARY 21, 1990, AND THE DATE OF EXPIRATION OF THE SUBSEQUENT ONE YEAR STAY TO FEBRUARY 21, 1991), AND TO REVISE CONDITIONS 17F, 17G, 24 (FIGURE 7) 25F, 25G, AND RELATED CONDITIONS, ACCORDINGLY; INSTRUCTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO STATE AND REGIONAL AGENCIES AFFECTED PARTIES AND THE APPLICANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 10, 1990, the applicant, Miami Center Joint Venture, filed an application to amend a previously issued Development Order for Miami Center I (Resolution 79-396; May 24, 1979, as amended) a development of regional impact per Section 380.06, Florida Statutes, by amending the previously issued Development Order for One DuPont Plaza (Exhibit "B", Resolution 86-828, October 7, 1986) located at approximately 301- 399 S. Biscayne Boulevard, Miami, Florida, and more particularly described as the Southerly 3.01 acre part of Tract D, Block 1, DUPONT PLAZA, according to the plat thereof, as recorded in Plat Book 50 at Page 11 of the Public Records of Dade County, Florida; and WHEREAS, the application does not effect "Miami Center Existing" which is the First Union National Bank Office Building, parking garage, podium and the Hotel Intercontinental on the northerly 5.01 acre tract; and WHEREAS, the Miami Planning Advisory Board, at its meeting of October 3, 1990, Item No. 4, following an advertised public �vimv pp CITY COMMSION A A C H M EG WIE£ ING OF .. NOV 8 CONTAINED RESQLIITf011 0e9 0 — 1 hearing, adopted Resolution No. PAB 70-90, by a 8 to 1 vote, RECOMMENDING APPROVAL of amending the Development Order for Miami Center I, as hereinafter set forth; and WHEREAS, on November 8, 1990, in public hearing, the City Commission granted a three month extension to the terms of the Development Order, and asked that the item be brought back to the January, 1991, Planning and Zoning meeting; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the Development Order for Miami Center I 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. Exhibit "B" of Resolution 86-828, dated October 7, 1986, is hereby amended in the following respectsvi/ "THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY AND SEVERALLY SHALL: 17d. In the event that the current Florida Department of Transportation approved design for the I-95 Downtown Distributor Bifurcated Ramp System (Figure 4) is superseded by the proposed Downtown Development Authority Alternative (Figure 5), fund a fair share of the incremental costs or receive a credit for any incremental savings (See Condition 17g) (See Attachment 7). If any other viable alternative to the I-95 Downtown Distributor Bifurcated Ramp System is 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. y0 411 -2- accepted, as deemed by the Miami City Commission, the Applicant will fund a fair share of the costs, but not less than $138,000. (See Condition 17g). If the Applicant's proposed modifications (Figure 6) are approved, fund the following items: Applicant Item Cost Fair Share A. FDOT Plan changes arising -- 100% from following three Applicant modifications (Figure 6) B. Plus the following additional items: 1) Conversion of Ramp $80,000 $80,000 Embankment 2) Service Road $55,000 $55,000 3) Geometric Modifications $3,000 $3,000 of SE 2nd Avenue/ Biscayne Boulevard Way Intersection $138,00+ $138,000+ (but not less than the FDOT bid award) In this event, (i.e. Applicant's three proposed modifications in Figure 6 are constructed) funds shall be made available in a timely manner, prior to the FDOT bid award for the selected Bifurcated Ramp System; issuance of any Certificate of Occupancy for One DuPont Plaza (F/K/A Biscayne Plaza) Phase I, or by jantary 1, April 1, 1990, whichever is earliest pursuant to s. 380.06(15)(e)2l Florida Statutes. 17f. If a public sector financing package has not been committed prior to Becember 31, i991 March 31. 1992, then prior to obtaining any building permits for One DuPont Plaza (F/K/A Biscayne Plaza) Phase 2, fund, bond, or provide a letter of credit in the amount of $517,000 (1985 dollars) to the FDOT or, in the alternative, loan said amount to FDOT, if acceptable to FDOT, as the Applicant's fair share contribution to the $9,763,000 Brickell Avenue Miami River -3- 5 0 -- "Ill Bridge replacement, pursuant to Section 380.06(15)(e)2 F.S. Applicant shall provide the City a letter of credit in said amount ($517,000 in 1985 dollars) to be applied to the construction of the above -described improvement prior to issuance of any (temporary, partial or permanent) certificate of occupancy for Phase I, which letter of credit shall be cancelled if said public sector financing package has been committed for the improvement or five years from the issuance of said letter of credit whichever is earlier, provided however that the letter of credit shall be renewed for an additional five years if required by the Miami City Commission. 17g. If a public sector financing package has not been committed prior to December 31, 1991 March 31. 1991, then prior to obtaining any building permits for One Dupont Plaza (F/K/A Biscayne Plaza) Phase 2, fund, bond, or provide a letter of credit in the amount of $5,027,000 (1985 dollars) to FDOT or, in the alternative, loan said amount to FDOT, if acceptable to FDOT, as the Applicant's fair share contribution to the Downtown Distributor Bifurcated Ramp System, whose total cost is estimated at $56 million (1986 dollars), pursuant to Section 380.06(15)(e)2,L F.S. Applicant shall provide the city a letter of credit in said amount ($5,027,000 in 1985 dollars) to be applied to the construction of the above -described improvement prior to issuance of any (temporary, partial or permanent) certificate of occupancy for Phase I, which letter of credit shall be cancelled if said public sector financing package has been committed for the improvement or five years from the issuance of said letter of credit whichever is earlier, provided however that the letter of credit shall be renewed for an additional five years if required by the Miami City Commission. -4- 90 911 24. Hereby incorporate the attached One DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 and 2 timeline (Figure 7), revised September 29, 1990 which timeline will be used by the Planning Director in monitoring specific conditions of the Development Order as they relate to city permitting for specific components or phases; provided, however, that deviations from the timeline shall not be construed to be substantial deviations from the terms of this Development Order. 25f. If a public sector financing package has not been committed prior to Becember 3 fir March 31. 1992, withhold issuance of any building permits for One DuPont Plaza (F/K/A Biscayne Plaza) Phase 2 until the Applicant funds, bonds, or provides a letter of credit in the amount of $517,000 to FDOT or, in the alternative, loans said amount to FDOT, if acceptable to FDOT, pursuant to Condition 17f. The City shall withhold issuance of any (temporary, partial or permanent) certificate of occupancy for Phase I. until the Applicant provides the City a letter of credit in the amount of ($517,000 in 1985 dollars) to be applied to the construction of the above -described improvements, which letter of credit shall be cancelled if said public sector financing package has been committed for the improvement or five years from the issuance of said letter of credit whichever is earlier, provided however that the letter of credit shall be renewed for an additional five years if required by the Miami City Commission. The City does not guarantee the completion of this improvement. 25g. If a public sector financing package has not been committed by Becember 31; i991 March 31, 1992, the City shall withhold issuance of any building permits for the One DuPont Plaza (F/K/A Biscayne Plaza) Phase 2 until the Applicant funds bonds, or provides a letter of credit in the amount of $5,027,000 to FDOT or, in the alternative, loans said amount -5- y 0 _ 911 to FDOT, if acceptable FDOT, pursuant to Condition 17g. The City shall withhold issuance of any (temporary, partial or permanent) certificate of occupancy for Phase I, until the Applicant provides the City a letter of credit in the amount of ($5,027,000 in 1985 dollars) to be applied to the construction of the above -described improvements, which letter of credit shall be cancelled if said public sector financing package has been committed for the improvement or five years from the issuance of said letter of credit whichever is earlier, provided however that the letter of credit shall be renewed for an additional five years if required by the Miami City Commission. The City does not guarantee the completion of this improvement. 29. Stay the effectiveness of this Development Order - Exhibit "B" - if One DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 is not under construction within three (3) years and three (31 months from the effective date of this Development Order or by February 21. 1990. "Construction" is defined as the issuance of a foundation building permit and completion of construction allowed by the foundation permit; "effective date" is defined as forty-five (45) days after the issuance of this Development Order by the Miami City Commission or November 21, 1986. In such an event no development permits thereunto shall be granted, until such time as an Amended ADA, providing updated information, is submitted to the Council, City, and State and an Amended Development Order issued. Should the Development Order be stayed pursuant to this Condition and an amended Application for Development Approval as herein provided is not submitted within one year after such stay is imposed or by February 21 1991, this Development Order - Exhibit "B" - shall expire and shall thereafter have no further force or effect. Exhibit "A" of this Development Order continues to run with the land. -6- y0-- 9 t I Section 3. The City Clerk is hereby instructed to transmit this Resolution to: Thomas G. Pelham, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399; Jack Osterholt, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021; Ethan Minsky, attorney for Miami Center Joint Venture (the applicant), Shea and Gould, 1428 Brickell Avenue, Miami, Florida 33131; Jeffrey Bercow, Steel Hector Davis, 4000 Southeast Financial Center, 200 S. Biscayne Boulevard, Miami, Florida 33131; and Miami Center Owners Association, Lincoln Properties Company, Hotel Intercontinental, 201 S. Biscayne Boulevard, Miami, Florida 33131. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of Npvember , 1990. �t XAVIER L. AREZ, R *HIRAI CITY CLERK PREPARED AND APPROVED BY: e/ 40 E. MAXW LL ',,CH EF ASSISTANT` CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JORGE L. ERNANDEZ CITY ATT NEY JEM/db/M1789 -7- 90-- 91 1 ('11 r ISSUES DEVELOPMENT ORDER AMENDMENT EFFECTIVE DATE NOV 21.1986 CITY ISSUES ` DEVELOPMENT ORDER AMENDMENT 4 YEARS i 1990 1 CONDITION 16 1 CITY ISSUES BUILDING PERMIT FOR PHASE I START OF CONSTRUCTION (PH 1 ) 9I 1 I 1992 CONDTION 22, CONDITIONS 11,17b, D23 1I23,2 18,19 CONDITIONS 2,3 CONDITIONS 1,4,5,6,7,9,101 12.13.14. 15,17a, 17c,25a, 25D,2B YDITIONS 20,21 M I A I M I J I J I 4 I S 0 N TIME LINE (IN MONT CONDITIONS 22,23,24 CONDITIONS 4,5,7,25o,25c,25d,25e,25f,25g. CITY ISSUES CERTIFICATE CITY ISSUES BUILDING PERMIT OF OCCUPANCY (PH 11 (PH2) COMPLETION OF START OF CONSTRUCTION CONSTRUCTION (PH I 1 (PH 2 ) PUBLIC SECTOR FINANCING PACKAGE 1993 1994 I CONDITION 29 CONDITIONS 22, 23,24 CONOTT10N 23 CONDITIONS 22.23.24 CONDITIONS 2,3 i CONDITIONS 1,4, CONDITION 7 7.10.11.13,14.15.17e, 17f,17q,IB,19,25e, 25f,25q,25h,28 CONDITIONS 17d, 22 CONDITION 8 17f, 17p FIGURE 7 MIAMI CENTER I/ ONE DUPONT PLAZA TIMELINE CITY ISSUES CERTIFICATE OF OCCUPANCY (PH 2) COMPLETION OF CONSTRUCTION (PH 2) 1995 IMIJIJIAISIOINID CONDITIONS 26,27 CONDITIONS 22,23,24 CONDITIONS I III 25e CONDITION 8.25c CONDITION B DEVELOPMENT ORDER EXPIRES DECEMBER 31, 1996 OR SOONER OR AT THE LATEST BY JANUARY I, 2000 NOTE THE TEXT OF THE DEVELOPMENT ORDER GOVERNS DEVIATIONS FROM THIS TIMELINE ARE NOT CONSIDERED TO BE SUBSTANTIAL DEVIATIONS CITY OF MIAMI PLANNING DEPARTMENT REV,6/26/86 9/24/90 _. 10/7/86- - _--._-- TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Walter Foeman, City Clerk City Clerk's Office k, ssistant Director Planning Department DATE: December 15, 1998 SUBJECT: Resolution No. 98-937 REFERENCES: ENCLOSURES: Exhibits "1" and "3" Upon review of Resolution No. 98-937, it has come to my attention that two very important exhibits are missing. Exhibits 1 and 3 are both referenced on page 4 of the Resolution, but were not included in the certified resolution. These two exhibits were included within the backup for the Office of Hearing Boards. Please include the enclosed exhibits, as soon as possible, within the Certified Resolution so that it can then be transmitted to the Department of Community Affairs. FILE: Thank you for your assistance and please call me at 305-416-1405 if you have any questions. LYS/ar 98 937 0 • 1=1191T "B'- 1515 n.w 1671h meet, suite 429. moo ta. nonoo 33169 305'621-5a71 May 7, 1979 The Honorable Maurice A. Ferre Mayor City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Ferre: The South Florida Regional Planning Council has officially adopted the enclosed Regional Impact Report and forwarded copies to the Director of Planning, the applicant, the Dade County Developmental Impact Comr.ittee, the South Florida Water Management District and the Division of State Planning. The report is provided for your use in reviewing this Development of Regional Impact pursuant to Sectlon 380.06, Florida Statutes. While the staff of the Council is available to assist in the resolution of any matter regarding the report. the Council has no legal mechanism through which it can act on this report again. except through appeal procedures. Chapter 380.06(7)(e) and (II) require that the City of Miami render a decision on the application within thirty days after its public hearing. unless an extension is requested by the developer. Furthermore. the "development order" (an order granting, denying, or granting with con- ditions an application for a development permit) must include findings of fact and conclusions of law regarding the extent to which: "(a) The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; (b) The development is consistent with the local land development regulations; and (c) The development is consistent with the report and recommenda- tions of the regional planning agency." 98- 937 The Honorable Maurice A. Ferre Page ? i May 7. 1979 Copies of any development order Issued to the applicant with regard to this project must be transmitted to the South Florida Regional Planning Council and the Division of State Planning. The statutory 45 day appeal period is triggered by receipt of your development order. If we can be of assistance in regard to this report. please have your staff call Robert Cohn. Senior Regional Planner. Sincerely. M. Ba4y Peterson, AICP Executive Director MBP/bh Encloser cc: Jeannie Crews Theodore Gould Ron Hester Lee Rawlinson Jim Reid ✓ Alex Sokolik 98- 93"7 0 0 DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR BALL POINT CITY OF MIAMI DADE COUNTY 79 - 02 SOUTH -FLORIDA REGIONAL PLANNING COUNCIL. MAY* 1979 98- 937 TABLE OF CONTENTS INTROOJCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I PART 1. PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . 2 A. APPL I CANT 1 NFORMAT I OI. . . . . . . . . . . . . . . . . . . 2 E. PROJECT INFORMATION . . . . . . . . . . . . . . . . . . . 2 PART 11. EVA'L'OAT10% 0" PR0°JSED 7EVELOD'ENT . . . . . . . . . . . . . 12 A. ENVIRONMENT AND NATURAL RESOURCES . . . . . . . . . . . . 12 Sumary . . . . . . . . . . . . . . . . . . . . . . . . . 12 Evaluation . . . . . . . . . . . . . . . . . . . . . . . 12 S. E%'=LCY''EN- ANC ECYiWIC C•IARACTERISTICS . . . . . . . . . 16 Su,-.ary . . . . . . . . . . . . . . . . . . . . . . . . . 16 Eval ua' io. . . . . . . . . . . . . . . . . . . . . . . . 16 C. P_,B_IC FADILM=_ . . . . . . . . . . . . . . . . . . . . 25 S,irrr,ary . . . . . . . . . . . . . . . . . . . . . . . . . 25 Evaluation . . . . . . . . . . . . . . . . . . . . . . . 26 D. TRANSPORTATION . . . . . . . . . . . . . . . . . . . . . 33 Summary . . . . . . . . . . . . . . . . . . . . . . . 33 Evaluation . . . . . . . . . . . . . . . . . . . . . . . 34 E. HOUSING . . . . . . . . . . . . . . . . . . . . . . . . . 0 Summary . . . . . . . . . . . . . . . . . . . . . . . . . IS Evaluation . . . . . . . . . . . . . . . . . . . . . . . 45 PARTIll. REM-WENOATION . . . . . . . . . . . . . . . . . . . . . . . 47 98- 937 I NTROOCICT I ON This assessment of the proposed ball Point development has been prepared by the South Florida Regional Planning Council as required by the Florida Environmental Land and Water Manaoement Act, for all Developments of Reaional Impact. The assessmnn' is based on informa+ion supplied by the applicant, by city and county staff, official plans, consultants, and through field inspections. Additional research relative to specific Issues was conducted where needed. Water and related elemerts of the proiect were reviewed by the South Florida Water Vanaaement District. In accordance with the Act, this assessment and report is intended to provide the City of Via an: the State of Florida with an overview o4 the positive and ne3ative impacts likely to result from approval of the proposal. The recommendations are intended to assist the City of Miami Commission in reach- Ing a decision reaarding the proposed development. They are not intended to foreclose or abridoe the local responsibility of local government to act pursuant to applicable local laws or ordinances. Copies of any "development order" (an order granting, denying, or granting with conditions an application for a development permit) Issued with regard to this project should be transmitted to the South Florida Regional Planning Council and the Department of Administration, Division of State Planning. 98- 937 PART I - PROJECT DESCRIPTION A. AO-_ 1 `A.j. 1N73RVAT 10% Proie_* Name: Ball Point Applicant: Holywell Corporation 11 Dupor+ Circle, Suite 10^ Washington, D.C. Date cf Acceptance of Application: Marcr, 2, 197r Local Government Hea-ino Date: Mav 24. 1979 Type of OeveloJmen'.: MixeC use, including office, hotel, retail, and residential. Lo_a'ion c1 tivelo.rent: City of ::a^i B. PRrjECT Locate: in. tre Pla:a area o1 the N;ari cerral bisiness district (See -iclire 1). Bali Feint is proposed as a mixture of urban land uses, o E.46 acres o� 36e,429 square fee' of land. The development site is bounded by Chocir °laze on the north, Biscayne Boulevard on the west, the Miam; River on the south, and Biscayne Bay on the east. The City of Miami has zoned the property C-3 (Central Commercial District), and, in conformance with such zoning, the Applicant proposes to construct a sinale integrated structure characterized by a low rise podium and four tower structures containing office, hotel, and residential space. A height variance and conditional use permits for residential units and parking fa_ilities will be require"_. &a 98 - 937 0 FIGAZ 1 a LOCATION MAP 90 ` 937 The podium varies in neighs from three f3) to six (6) floors, contain- inc active pedestrian oriented retaTI space (75,00^ sq. ft.), 2,565 parkins spaces, service and support facilities. The podium will feature a series of terraces and "stepped back" faces, ■itt a deck serving as a landscaped pedestrian plaza and Biscayne Bav overlook. The office tore- will be lozated in the northwest corne- of the site near existind aDnm-ereial office buildings in the central business district, and is Iccate: closes* to a propose station for the Dowrtown People Mover. In fact, a pedestrian bridoe linking the people mover and office b-,;ildirr_ is ;lanned by the Ap;lican* and the City. The office tower will contain a c,ess floor area of 925,2�' square feet and a rentable area of 25J,00_ sCua-e fee, in 42 stories above the podium,. Construction is ^e' it July 19. ri' i-.'ial cc:..ancy in June 1951. The hctel will be ccnstructed in the northeast quadrant of the site, bounded by Biscavne Bay and Chopin Plaza, thereby taking advantage of views of the Bay and Bayfront Park. The hotel will contain 630 rooms, including 30 suites, a 63,030 square foot conference center* restaurantse bars, and health clubs. The tower will rise 29 stories above the podium. Construction is scheduled to begin in July 1979, with initial occupancy scheduled for September 1981. Two condominium towers will be constructed along the N.iani River on the sou'.^end of the site, between Biscavne Boulevard and Biscayne Say. The -4- 98 - 937 0 4 hctei and cora:)nir*.urs were plannec as an extensic^ of existing water- f r uses aloe t'c CC: we- fro- the :D.-Drt Claz_ r,ctel. Eacr co-._- miniu- t.uiIdi r will rise 23 storie' above the pod iur, providing 250 d.pllin" units, housinc about 502 persons. c:,nj_; niur construction will not begin until one-half of the office 5:a:2 is lease'_ (d:O_' c-e (1) tc, three (3) yea" after CG'7ne'+Cemert Of office huilCinz construction a::c-din_ to the Aptlicant) with initial a'•z-• one (1) to twc (2: yea-s rnereefter. Tales I ar,^ ; provide a buildin! area compilation and construction schedule, re_pe:-ive,v. Ficurez 2. 3, and 4 present the master develop- �,- ' _ -•= rc- A:, i_..-• ir_, sicfor pedestria^ m;,r_-+erg t^•-�.,�'•ou' f^= pr2_e_t an: inte--rates these new facilities with the existin; an= pre:,_sed pedestria^ systems in the central business district. Such pedestrian facilities include an extension of the Miami River Walk along the Biscayne Bay and Miami River sides of Ball Point, as well as landscaped plazas, covered walkways, vista areas, and court- yards at ground and plaza levels. The pedestrian system is discussed in more detai! on pages 26-30 (recreation and Open Space evaluation). Other projects currently planned in the vicinity of Ball Point include a convention center and world trade buildino west of Dupont Plaza. as well as Clauohton Island on the south side of the Miami River. _5- 98 - 937 I I a MA,j')P Office lo.c-- 6.4- Ho*rel 7owe- a Retail 8=1 00,- TOTAL AVERA3E FA6. Y TOTAL GR)SS S:. FT. 7,3413 701) -6- R-ENTA'. LNITS 63. 5N-- RENiTAa;-FSi. FT- 755,003 98- MAJOR C"'•?JNE4T Parking S*ructu,e Office To.e, Hotel Con4Dr:IniU" Tcwe�s TABLE 2 CW-'ENCE Jul% 1979 February 198- Feb-uary 195- At lease -up of 1/2 office soace -7- 1 N 1.11 1 At:Cr May 19n June 1981 September 1981 1 - 2 years after c < n-,encenen t 98- 937 FIGURE 2 Y Y'� RNR / \ ' " ; ors,Ct UNOT , i .K- , c L'to: La--C.;.Lw , smog r u.es .q law"Wr MASTER DEVELOPMENT PLAN GROUND FLOOR PLAN _6- km 1 � .. "a" 98- 937 FIGURE 3 1 irk SECTION A MASTER DEVELOPMENT PLAN SECTION A -9- 98- 937 a FIGURE 4 .�7 SECTION 8 MASTER DEVELOPMENT PLAN SECTION 8 -lo- 98 - 937 t a The Applicant also has options to Duy tw: (2) other tracts of land in D_cc^,t Ola:a, an� is at*w,:tin. tC ottair the re-_,4inin; two (2) tra_ts. If successful, the Applicart has expressed a, inte�lior to develop uses pn these tract; in harmony with Ball Point. cum 98 - 937 PART 11 - E�ALJATION 0' PRO:-,JSEu DEVELOPMENT A. ENiIR'?NvENT RC, NATURA: RESOUR'_ES surr-�a ry I. A co+-plex source permit uncle- air quality regulations will be reouireC due to the laroe unenclosed parkinc facility in this oeveloJment. Tne A',•^li a'.._ -•aq cc3.nll renc,a-io a U.S. Armv Corps of Engineers permit will be reauireC for this. Turbidity is to be co^trolled by curtains or similar devices. 3. The proDosec development site has an average elevation of 5.0 fee- NorZ, the minimu- elevatior at which construction is allowed by race Coun-y. Tn_ eiev3tio cf the firs' finished floor must be ll.^ few• N-'.'. <, e"e_'c Q- ve7Pta'ior or wildlifE. Eva iva+ion Air 1. A COMPLEX SOURCE PERMIT WILL BE REQUIRED FOR THIS DEVELOPMENT, HIDER THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AIR QUALITY REGULA- TIONS. This development will provide parking In a multi -level unenclosed facility for more than 2,500 ca-s, which reoulres a complex source permit. -IT- 98- 937 2. AL%"X7 ALL AIR POLLUTION GENERATERE- THIS PROJECT WILL BE DA TZ- Tne A:;^Iicant estirmates motile so ce emissions will total 4,9% IDs./da. for carto- mcnoxide: 523 Its./da, fc- hydroca,0ons. 635 Its./cm!, fcr Nix. Nc s•a'iona'v D011u'an* soirces are DrODOSe_ a5 :..a O' this JrJJe:'. Lam: I. THr OCC'Jp;ivC= Or Lik'ZSTJNSS BELOW THE EXISTINJ S._ _ _ T-_ c. i _._.L 1': lCA' A D=E° F0.":.:A'10'C SJZA- DICE:, NIL_ P� _4__Y BE THE E.:_, MEANS OF SJ"ORT. --=•vim _ re-.:tns are consiste^tiv at o- Delo.a 2^� fee' in oe "-. Investigative work is continuin_ to determine the feasitility of otner fojndation systems (such as mats) w'ic' ma: to n:-e e_o^D-icat if a large n�rnber of piles are needet. 2. SEAWALL RENOVATION IS ANTICIPATED BY THE AoPLICANT, ANO WILL REQUIRE A U.S. AWY CORPS OF ENSINEERS PERMIT. Water 1. THE PR')P^-SEJ DEVFLOPMENT IS ADJACENT TO BISCAYNE BAY, HENCE GROUND WATERS ARE SALINE. POTENTIAL A;'JIFER RECHAR3E IS NOT A CON!:EaN. SINCE Ll:OERLY1No A,JIFERS ARE TOO SALINE FOR HJMAN USE. M 98- 937 a A THE DRAINASr- SYSTE4 PRISED BY THE A—O ICAN- PER' -'ITS NIO Sj ;__ wt-ErR_»:_' IRT THE 9w 0= . A-4 ratER Op.;ALI` IN TmESE APEk� IS EXPECTE: TC I'••q^VE 3. TJ=._iD!'Y D; SILTATio�. MAY RES-7 FRN RE'ZS A'IDh Or TW_ APPLICNi 'S S:A.�4_:.. Tne AD:,licin, 0 ans to use turtidity cirtains or diapers to cantrol t' s o:'e 'ial p:!tlutar.t. As mentione: in the "Lan!- section. a USAGE permit will be required. Floo: Plairs I. TH_ E'."I=._ �?J°__,=; DE':EL^=nE. WWIC+ HA_ A'. A\E4A7 ELEVAT101': OF t;;:�, 1_ h!-��•. THE IJ?- EA= "LOG= P;M-__ LEVEL. re; r_I flDo: criteria maniates a -firs' finishes floo- elevation of II far a,: Dane County reouires construction to begin not lower than 5.0 feet. The Applicant states that all structures in the develoolwant area will nee' or eXCeed these requirements. The local jurisdiction in whict this development is proposed quelTfies for federal flood insurance. Vegetation anC Wildlife I. CO':STRuC'T10N OF THE PROPOSED DEVELO''NENT WILL HAVE NO SIGNIFICANT EFFECT 0% PLANT OR ANIMAL COR4J41T1ES. -14- 98- 937 ADDroxlmately 701 of the site is an asDhalt paveC Da,kinC lot. try re^,a;n:e- is un;,ave_ fill r.ate'iai. Tne sire Drov:des e.-re-*elv Da- hafita* for Doll, v,�-]e•atior an: wildlife, 8,1C n^ sia^ifiC'3n' po-L�Id*;o^s Ot eithe'. T�iE Ac= I:A':' I G °=E:TL`" S° '-SJ=�E INo �: �I•Jc C7-'1JNITIES IN r-: T..c p=CF-. I. N? PO:T10% Or THE PROMI �=D DEVELO"aENT CAN 9E CLASSIFIED AS WT-7- 1 N IT= nr u <T �!,^t nc pD_ 4E?1�-1CR.: �I 'J1=1CA•J�= P.2E Y`J'M". e' - _.- ---- _.", N�= IS I� .I.__ Trt- A•. E),I:'. -IS- 9893 a C:iA=.4, t. Est .-y* _ e-.l:),- r.t o' co,.s-ruc'ior, en: Ioyets 303 I?=y 91: 19 69: •iieprit;dr.7; ma --years of construction employment per annul with p755i`le ca-ry-0ve- c`. e-.!evees froT one year to the next. 88 I Voir, ADA cIcvme-t t1976 dollars) E- l0vep Ca-e=-- E_-_10,e,:_ L?•_ A:� Menia_1 Hipp Av_ Ot�;ce 4,25^ 13.100 15,300 17,500 Hotel 671-: 5.557 8.020 IC.483 Retail 303 8,540 10,695 12,850 Fa -«in^: Gara:e _ 2? 7,80^ 9i650 11,500 Tota! 5,245 11,848 14,078 16.30e ' Calculated by Council Staff SOJ?:r: Ball Foin• ADA -16- 98 - 937 6L a 3. F. _ _ C. C:.iCr (I�,c: :a'_ T^- To -a' 51,l2_,00: 47,591,OC_ 115,752.00-� a- le.: ^.f _ c ,uC'i exdt+u-es I�in^ Val uF Ancua! Yield - '.dxES 04fi-e 119 " Cl = $1,200,85� S1,392,925 HO1eI 119,1to 82„ 908 1,012,018 Co• i__:' I J•^_ 17.J..c, I+n nic I�:ZIyGSG To+al 63E.*�.' ' I=7" illa:e Rdte S0. Ball Point A0: 98- 937 i a 3. E�tir.a•e� costs of constrictior (w9 collars) C,)— Co_t ( 9 70 I q? t 9? I To+& I LaLo' 6,-3c,02_ 2-,?14,0C' 111,51% 00:, 43,362.07.1 N3�F-ials E,9 " ,0]�' .',9ta,�37� ?<,86.,097 52.511.070 ?.siona 59. 1,7E°,]^' 1.341,?0_ A Yinis'ra•ive 13 3.673.000 10.2�-3.000 Co••r'a_'or-- ee _._ .-,--__ .-, ,--_ ��_-_�� __5i101itY�_ Total 17,03y,000 51.122,003 47,591,002 115.752.000 1 '✓�:_-I .,=- es•Ina-es tne' a' leas* 9 S of construction exnenditur*s tea'^ ?ea_` Counties. 4, Tr.- _ jC___ = t_ :e _ :;n:: ._Sitive fis-_ )r;d.'s on Dade J'-,. 'r_ � 7 -� oI M;a^ . a'.: tn: •_ Cr un', S:nool Ae--a^c An^Jal A� CaID-e. Tax Yield Lan., Area Buildinc Value Annual Yield Tax_ Taxes (at .03378E1) Offi^e S192,069 S1,200,856 $1.392.925 Hotel 119,110 892.908 1,012.018 Ccrdo-;-,:Jn- 17F —5 1 055 n;o 1 '31 454 Total S457,59e S3.14;.B03 S3,636.39'7 ' 1974 MiIIaOe Rate SOJPCE: Ball Point ADA -17_ 98- 9317 i a Fi5 Ir.: - L'D rr',;e-'I7J� IC- _7E A� 1aIC.c �F•vP'J<. I I._,r. -- SI,EG ,IE: S ° � 2°= cr ic_ �� _--7:a249 Ca:itai O,:tla. %:_ S 4 1 z 4 U S 77,473 A—,— Of se -vice an! no cv ly „ _IC^ cIQ-iC-•SC-.,',J! DictriCtS. FY 1976-1977. E.aI "i� 1. TmE AP=LICAKT ESTIM.A:ES TOTAL CO1- TRUCTION Exc'ENCITURES TO EQUAL SII°, _ ^J; T4 YEARS. 90" TG EXPE'.?_-- KITHI% B=2-NAFC. WE. 2. Pir- A^^LJ CA: Ex-'ECTS H-ND =JS Or NEW JOBS WILL BE CREATED IN THE 0rFICE PRJJLCT IN AC:�1710K TO 995 JOSS IN THE MOTEL, RETAIL. AAL CA;�A1E O ' --- A' I O TNT P'JLK Or THESE NO`:-O' F ICE JOBS ARE TARGETED -18- 98- 9S"� k a FO= LOn A':: %T; -'°ATE INC"_dV` Jo-- T SJ�DIE:!_!:T ►✓J'iEHOt= TA-,_ ? _. 2- Tc+ats C 371 I,E3 1,437 910 891 5,245 T", F: _ A -; T,,.- A M1'..__ O' O•FICE T.ENA', = MILL e_ C3!Z:A'.t_5 LC ST : IN OA.� C ,-.',• W' IC, A?- SEEKIN A CENTRAL DOM,- TOWN LOCA- 17.. Ttw A.-li_:. e :• `: tha' a'. tic-.j^'_s fo- a�,�iticnZl employer train - in; or-the-JC• '-a; nin2 0- throe �,. ir_ 17, _ .. , d- S o- c',an_e_ Bd JC8tiP1 i n54i tut i-, iri t -15- 9�- 90' 61, a New positions are expected to be filled fro►, the e:istin: regional la.':,- suoCly wit' the possible exceztjo- o' tra"sfe-ret Cor;,O-ate e,,<=,;fives fro, outside the Aecion. 4. Th_ A==.ICANT ESTIMATES THAT THE PROJECT MAY PROVIDE EVC' OVI$NT FOR A *IfRR.'r:Y 150, Or EW:LOYE^ PRO EC' R=;IOENTS, M41LE 70:1 ErPIOhiD %:T.ile. THE SER1IC: AREA ^_c THE "Of•w.TJi', PEOPLE- (D-Pkl; SYSTEM. Developer anticipates condominium units to sell for between t100,000 a-= �I�^,�^", re7uirin_ a Rini^,u- avers:p household income Of $43,000 or. affo'Ja^le ho^e• value: household inco„e factor of 2.5). K;-�, the ;- c ^se' salar, levels for the project, condoriniue pro- me=-s ci -:c e-:lovees %;"7r the T AF.-l{c esii,a+e. tne- 14 (50/4250) of office e^I:loyees and St (14' c"2) e# re-a;l eT71oyees will reside in project condominium. 5. THE APPLICANT STATES THAT 601 (3001500) OF CONDOMINIL,M UNITS WAY BE PU?C-1AS-ED By Orr -SHORE (INTERNATIONAL) BUYERS WHO WILL RESIDE AN AY_ ,AS: Or 3 MONTHS OF THE YEAR AND LEASE OUT THEIR UNITS FOR THE BA-AhZE 0c THE YEAR. 6. THE ADPLICA'.- ESTIMATES THAT RESIDENT POPULATION MAY CONTRIBUTE UP TO 451 0; TOTAL RETAIL SALES EXPLRIEN'CED BY RETAIL TENANTS. -20- 98 - 99�1 OL a A?'- F 4 C, To,* Sii,ws An: a Dr, 1-&, S f-- wit-tto—a— A cal:. t-P7 Cq - Val.. C-O—Q N."iCipaTe: b. sl, Of I Sliz:- ba Po; rl AZA IA: -'LE 5 c, Me— SNc.- c . fio-, -, cap 15: sn. W. 3.50- Is" 525.00C t. cla"! ITS 70:.00-. 9. Je" I r, 155 58-.50r h. A" Get I erN 2.00. 15! 310,000 i. A'*;QJfs t.n- IW g0.2.00: j. 5:,o- s 4 .0or 15C Gx.ow 2. Co re ence (sot-lefstl le,50- Ile' 3.)5%000 2,0 , 15! 310,00n F.W 1,5:- I:c m.00: c. To: a: :-- Notts NO: 25, a. IitlJc- A,Ow 21S 5.50" 200 1 . 5.0j- 155 775.00: 3. [al..; a 0^insiey (S.I.-lolpt) 10.5D- site 3.tfz.50[ a. slastau's— 6 . 0!,. ITS 1.051.000 It. 7.5:: 21! I.etz.!y C. Gow•tr* 5,030 2r 1.00:.03: 10'ral W.03- S164 14. al 0. M: G- 6--to-c .:I, 9rz,s 1, -e- al** ULC C' Imo. y1C fl. IS ".I 0n.- it, Ap.- I s ca-4. .; 1• S'f of Wes tc be W e,tev' itatt.lv to Itme bv CowftCll Slit" 490P inlu-&*o,r P'ovlde(! bv 4rliC&%t. DIE C, 98- 9;j 04 a 7. T,4-- AOPJCA!J STATES TmA7 N'D FU'.-_,!N7 ASSISTANCE WILL BE pz: E . Tr47 A= LIZ;%- T,­-. 1% 07-1EP 0--"ICE PPOACT- L'), Oil' 1.3 OILL10% Sr. FT. O' A- T H a,-2,, 04 f ice sn3::r. n bu I I do , an � a v,!�; I ati I e �. uDD I v UDO i U of all V,. j;4below. 74 n­ C 1) 1 ^,7: Sc. Ft. i I mi" t -Sr. Fi. 3) Ati i; 13 t- a' Build-'u' _02-,ODS sq. F-. 11. Cu-re- F c A I at I- '�ff icF ize a* Fui I O-Du* Ill. Ti r-. sr— vrs. 71 .:. A,: I i 11 -.- * , , - ' ' - t* -,' t, " -a. !.-, :, .1 Der- th, of c�r,_ t-u_­;C­ LJ will f-I .­ I !,­*izl r-; u, of off;,., s,-nt -22- 98- 937 The Applica— noes nc* ide'+tify the eff.Cts O' a- adgitional 1.87 riillp- 57. 4T. C+ Office SDa:e Or the o+era'I Ce-a-_ if space I the other pro:_;e_' prgie_ts will be filled (as proposed in the Sall Foint aeveloDment) by local firms seekinc to relocate and vacate their C U're�• c!fice space. Co-secuently, a!:ile nea Cf'iCe space may be f:lle- tv r._"+ N-ant, ol:+o- a-':!_r less Cen*ra'Iv-lo_a'ej (': do.-to.r.) buil�inys may becom and/or remain vacant. 9. FISCAL IM-ACTS ON THE COJ47Y. CITY, AN: SCHOOL DISTRICT APPEAR STRONGLY P'J ITIYE, WIT- N: CAoITAL OJTLAy A%TICIPATEO A� A Pr-S'2L7 Or THE DEVELOP- M:-'J A-%- C"'°;:4-I1;;`' _L P!=-_IC 0°_ 4-INo EyDr-%I TUBES TO SERVICE e.=-___ fro- - e e_ (using 19'. 'a• revere_ tC ce- ^-:re total revenues any n:.r-tar revenues). total revenues excee.' tcral e. enditures (determined fro* 1977 FY expenditures per eac,ita adjustrz to 197E dollars) by a surplus of 512,783,447 dis- tributed as follo.s: Cale Cou^ty: $4,822,571 City of Mia-.i: 55.380.844 Cade County Schos0 s: $2,580.032 10. THE REGIONA: ECON0011C IMPACT OF THE DEVELOPMENT APPEARS POSITIVE IN LIGHT Or 1) THE POSITIVE FISCAL IMPACTS LPON THE LOCAL AREAS MENTIONED ABOVE. 2) THE GENERAT1C-0. Or $14.4 MILLION IN RETAIL SALES. 3) THE PAIOVIS1ON �*M 98- 93` a a J'J°_ WITH AN �5TIM0.'i PArR(r-; Ov iC:.l - e°.5 VILL10P.. AN-- dl ?��. .r.�.:� _a:.-F=, 'JF r___ r: _ o::'_ -' _ ❑_ �•�_._ A��IV IT 1�: ^_� � -24- 98- 93" a 0 C. PJ3-IC FACILI TIF: c� - awe-j_E dai l•, w3te- Ce-.a-: Ia3llons) O'fice area 202,5� Heel are- Tcte' _ :_ 04fice area 127,50 l-_te! area 5' 75C CO �•�,. '�rU�_ 57,5JD iGt21 241,5b_ 3. F_ti",ate_' S: i C -a- e-e,a•ic, fro-. the tctaI Droje_t will be <, a,-n.al kilo - a— uS37P iT. eit; ate: . 33,55t,K', for the total Dry ie:t. h: adj;Tion31 Duhlic education, facilities are ContenDlafed t0 De ne:essary as a resul* o` this project. The same is true of fire fa:iIitiet, , equip,%ant, and personnel. 6. Tte de"i:ation of a pe^.e=_trian ea;ement to the City of Miami, as port of ire E,ayfront/%!;a-! River walk, is conterDlated by the Applican*. 7. E�timatCJ nee_ fo- 8�ditional police Officers at project com;letion; eleven officers. -25- 98- 937 « « Eva luatio' I. A- F_LL OCC.PA%C`, Tr•E DEvELOC'T-'E`:- IS PRCJECTE: HAVE A wA_ WATE= rLOW Or 291.561 GALLON' PEZ DAY, Tniz se.aze •ill be disc',a-ge: int: the Aiani-Cale Water ar:d Se.-- A,tho-ity cclle:tior cyg+e The Aa+hcrity has indicate: tt.at i• has the ca.a:ity to acce;` project loadings. Drainace I. A PE--Imr?E= CO'_Lr^TICN SYSTEV WILL DIREC' RAINWATER THR1ll'3J.. THE SI'E A. WP'== WILL RE INJEC'EC INTO THE SALINE. LINDERLvIN"a BISCA`NE AC; I7EZ, N" _ I' :lrl �.' SJ=fA R'J.='-r I: EX?;_CTEC TC LEAVE THE The A::!ica- seven IS" dia-,ete- wells with a 24" head will be reaiirec fo- this disposal syster,. The discharge capacity o` the entire systew will total 21.0005 gallons pe- minute. These walls will be I; to 20 feet deep. A.Cordin: tc the South Florida Water Mana,ement District. detailed pj;,-;r,_ te_ts mist be performed in order to verify desig- estimateS. Draina_e system oe,fornance is dependent on how weli the recharge wells function, and flooring may occur if the wells do not equal the A;;licant's estir,ates. -2G- 9 8 - 9 3't A 0 Hater $uC �;, ES71M,--Ec THE DEI=__ WU WRAGE A MATrc The a^o"e ficure is t�sed o^ prciections tha- each office worke' will use 11 oal./person/day; ho•el ouests, 50 oaf./person/day; These projections are t-sed on the Sour. Elorioa 5uifdirr Code. Tote Miari-Dane A,-.. _,._. A.. --iTy it has the ca:,acit'j tc su�DIY w a•:••- r_ r-., �..:.�-e-.t, bu' , PviC__ nc sucDO^tirg data. 2, h= ;A.I'. D= 1 h!._ E'-.� __ B1 TH-- ADPLI,r,A`'T IN THIS ,ia-% TC use the la'est Mate- saving Cevi C}' ir. CC,—e:tl;' wi'h s*c.e- hE•e:s, urinals, lavatories, and @IB:'r.0 ware^ CO_le"S. $otid waste Gr IE.9 TONS (66.53 CUP -IC YARDS) 0° S-I. hA;'E P_;: DAi V A R;SULT Or THIS DEVELO WNT. Th, r._:.e fi^ure6 are base o•, a •-teration rate for office workers e� 7` Ics./,rr;on!oay of sclid wastes, 4 Ibs./person/aay for hotel ou•;,�;; 4 IL../pe s.;r,/dav for condxiniu,^s, and 4 Ibs./personn./day in retail sfores. -27- 98- 937 • 0 2. N RC" I'r cv=i.. O^ A A4. _ Av THE A�LICA';-. O'ILLIM VILOW47TS A.._A _ ;!:- ; a _ C_-: n•_ cc 'e_ ._ , ovicc se -vice t: the S:Tr io^ the life 01 the pro ;eCt. Tu: Ac"LICA%T PLAN; TC INCDR=1ORATE I: EK_F;Y CMSE:Z ATION MEASilRrS S, pwe nz. 5,1 n. .c _ hea-in-! .as dei?P*z inc pact ieaI I. Tom'- lk—A:- 00. Tn- DA2: CO.1.-Y The A,;li_a-t e;tirr,tes the total r,u^•per o' school aoe Children in the Cevel : ne^,+ .ill be 52. Ac.ordinc to the Dade County School Site olan^ing D�;artrr'.nt, educational taoilities tt0o in existence can handle this sn�Il incresse in student population. FF_rrj+ior anC Orar S:+ace 1. T:.� T:' ._^'CA _ A ?; r0'7 EASEMENT TO CONTIVA THE V;A"I NAB- A4:. CDN%L; IT MITm 5A1, RYJ PARK. NO CTNEF OPEN OPit; SPACE WILL BE DcDICA'i-D TO THE CITY OR COATY. -28- 98- 937 i 0 Unless careful a•te -ion is devote tc the relationS�Iip be-ween fr� a^' the a,: activities it 9a!! Gci^T. ^�:_lic use cf the ae"icaiec area tea, be discouraged. At one E."e-w. the s;>ce Cr,:ld be desiane: tc cive the ir--rtssion tr-.' ! e wa1Kwa, is pa— Of the private area. At the other extreme. the s.a:c cO.:l:; 6P ..?si_ne: to tc'a•IN se;,arate it frorthe a_joce'a <:ace. h_'ther ex'-e'+e is aesiraole. The easement area and Crirc-- space to cesiarez, to alloy vies and access fro- the c?""2rciai es aii;;ti+^?nts, while fostering appro- £ __ i s -use. .-_�Y 6J: ., T.'f= 5.4c AC,_!" Q= TH_ P.:,,;---CT BILL 00v515T OF :,jA7A7. C :: 04.-WAYS. CO',1pnAQ'?_, A.: 0-- B l SCAYN SAY A% : T•!: NIA••: PI`.-= lb!__ 5; COrst-u:tion of the Ball Point project will eliminate a parking lot which currently disrupts public views and use of Biscayne Bay and the V;ari River. In its place. the development will be designed to encouraje peJestrian use of the site at both ground and plaza fevals am: provide safe public access bordering the Bay and River. At around level, the proposed 1lia".i River Walk rill be extended in a pro'.-nade aroun'. the River and flay sides of the project. achieving 98- 937 a 0 a major oDiective of the City's downtown plar.: Connecting the i Briar: Rive^ %alh to Ba,trort Par6. If the ConsiJerationS diS- cussed ir, kl above are incoryorated into the Applicant'& design o' tCis scare, the pu'.Iic Will be a^c^une cd tc take advar,tage o' Ba: an: River viers. Snots are alsc planne. or the Bay. Biscayne a ChJ•ir 'la:. sides c, tr.e iec alon: la-,_scapet c_.'erB. wdl�.'_�s, any _ss+'ia^ DIa:a$ to encDJ-aoe use ^Ci=, as .ell as _-"_r3 -e .'ria- activities Cr site. pn tc.- c t')e p^.diu-, a plaza is DrO.')^sec by the A,-:li_: frc'�^in. ct"_.-a`I+c Da.in=. Ii .ic:, pencnes. and c 'i^ a a- ove-I-•-): c' c -a, e , is planned wife access c' =a, views fro- future view c:,-ridor will bt pro- Y�..__ _. ir.. , ._ ., i' .',i• _ tC d^,, the .^nJJ-�'i J- Cui ld orie'':_ nor" - n,a.i-'zi, this view ecrritlor. Pec<•_'^i3 are C, the A,^;licant to the future people rr.:�ver statio,. and to fu',Irc• dcveloProent in Dupont Plaza. While tnc- Dodiur, Will block cer-rair vies of Biscayne Bay frog peJestrians and ve'.irle_ in D nr Finza, tre a�wniries discussed above should attract t an: ;rctick. ,Jtlic n=>e'r, TO thr- ,it4 tc take Defter advantage of the I7a„ FiV •', _ C K �' ._ tunitiel tnar, are Cr('o c'111\ av�il3:iE. -3_- I a 0 Neal r, Care HE.A:Ti, FA:ILiTI:_ A�.L -r= l --- WITHIN Tr1E cR;,JE:-, WIT- T-i� ExZ-=71014 Or Al E'•':P,E:D' FA:ILITY IN THE MOTEL. E,-e-^ iv, ;+rir,t^; hr-!ltr ca-e fa:;lit, es e.is• in the immediate vi:ir. _ .riE _. .".'.::^r' d': o -S'e• fa:'li'ies d� no' P�li'c I. IT l 7, 7— A:,_.-IJ'. PZ)LICE!' MILL BE N=EDED AS t: a Ie•.te o- private Fire I. TH= T_'AL rACILITr WILL g: A`tD Cr!PLY MITP THE OF Trt= SOJT" FLOniDA 9 t1^IN CODE. Additional fire vretection ■ill be Drovided by an automatic fire ala^' sy-!e-., fire p.: .- t: ar em*rgeK� D:rer syyt,,^, a, an iG-^::USe fire en' Sr.:u-i t\ cortrol eerie-. -. T,i- CITN' VIAV FI :rA_ Ne' _ •Ih__ THAT N' %-W FIP rAC'ILITIF`, F;.'I� ";T, Q= '.= ^.`.... A=' PEOLIIREC' AS A RESUIILT 0, TAIS CSrL5"•. . -31- 98- 93-7 I r ♦' Hz).eve the C: +,, o+ w' 3 i rE f CL`t nEr• dYfl nC' Dosstss the n, I— rise ^JiIdin_ C_•ce-zc. =E fD- fire U'.`Ic* is Giace: hedvi i� o,. sGrih�,ler syste"= ant fife -Proof C..- in terrain d'e'_ Cl *hE 0 the tuiIdih_. 32- 98- 9j"7 o,•, ,a !,e tne tc losing number of 111 icie a, Ine C, fu I I 9R4 it t- be in I ti C, f -f v; !,-rc el f ; Hotel - Ur, er-r, i ned C :7— a-C tC a,- --rate 571 Q'.: trips) of the total A.M. trips) 0' the tCt3' P.k'. of trjf#iC; 98- 937 *io* S: _ :•our." o- 1-?° j?; • ">,c j or 1-9` i 7S S: ;couh' or .nC Avenue 9% S__'�6Cune or G;scay.he Blvd. 101 .....*1,noi or EricKell Ave. 1'3 ions Ev*lu-ti-- 1. E`• 1454, WHEN THE P;ZDJEZ-- IS EX-tCTEC TO BE FULLY OCCIPIED. THE CA C 1.'Y tiSAtiA _=.= C -IC, EK^tCT_ THAT THE FIRST PHASE OF THE DA:�E RA-IZ TnAASIT SYSTEV AN: THE DCNT0111. PEOPLE MDYEP WILL BE S_=. .. T',7 P=!1A«1 AREA. tIA•iJ;1N? A97 ' 30% 0- ALL T= I = = I •.'. ;�.Jh. tea'.. Tn, t s•a''C- r'6 c^ .ill P-in-'l, serve the develop -+en• is locate." a.:-ox'mately at 14.0. 2-id ccr._ a the Flor;da East Cast Ftaitr3a.. The pNP I E nov!► will lin. this transit station to the site wit►: an alignment penetrating the middle of the four blocks within Dupont plaza. providing a station in the northeast corner of the northeast block. This station will be connecter to the site by weans of a pedestrian bridge over Biscayne Boulevard. The route aliorments for the Rapid Transit Sistc*- and Pe:)Ple Rover are depicted in Figures S and 6. respectively. 2. THE APP.ICAt.T W-PURTS THAT THE FOLLOWIN:- INTERSECTIONS IN T11E PRIMARY PROJi-'T IVPACT AREA ARE NON O'ERATINS AT LESS THAN LEVEL OF SERVICE (M) C: - 34. 98- 937 S r Set - t'r iIGJIRE S _.s •_rD[f [tilt 20 19 t.{ . IT � 16 :' •`f 1 IS 04 G y- 4 IS 12 — —Cy'1: WAY 7 r S:. t 4 3 e`y 2 e` LEGEND STAGE 1 SYSTEM 1 - OADELAND SOUTH It k.rr. T •vEMUt 2 • DADE;.AND NORTH 12 - CIVIC CtkTER S - SOUTH MIAMI a it* 21 STREET 4 - UNWERSITY Of M:/MI 14 lge SS STREET S - LEdEuNE/000GL4S IS k* 45 STREET 6 - S w V AVENUE 16 - MOL%tL CITT T • VIZCAYA IT • k.Ml 65611E9T' S • BRICKELL •VENUE IS • 11.M TlSTO tT 9 - GOVERNMENT CEkTER ISI • 041ALCAN IIRRK 10 - kw • STREET to. • B AVENU9 DADE RAPID TRANSIT SYSTEM - tS- 98— 931 _- �I was - _..JI _7(Tf11 IIC-�I __I -_Al _-1-31 �il_!_JI_l. X_ jL'Nz\\ X, I j__pl k JU , N\�N 14 > 1, MIAMI DOWNTOWN PEOPLE MOVER SYSTEM 98- 937 Vr I 4^ A.M. Peak None P.M. Peak S.E. 2nd Street i) S.E. 2nd Avenue (LOS E+) S.E. 2nd Street 8 S.E. 3rd Avenue (LOS E+) 3. THE APPLICA%' PROJECTS THAT AT FULL OCR TA4CY OF BALL POINT (1984). FIVE (5) INTERSECTIONS IN THE PRIMACY PROJECT IMPACT AREA WILL OP-rRATE AT AN UNACCEPTABLE LEVEL Or SERVICE (LESS THAN C) IN TW A.N. PEAK HOUR, AN., THREE (3) INTERS=CTIONS WILL QPERATE AT AN UN- ACCE-'ABLE LEVEL OF SEq�ICE 1% THE P.M. PEAK HOUR. SINCE MANY Or THESE INTERSECTIONS WILL OPERATE AT LOS F, IT CAN BE EXPECTED THAT AOJITIONA_ NEARBY INTERSECTIONS, THEORETICALLY OPERAIIN' AT AN ACCEPTABLE LEVE, Of SERVICE, WILL ACTUALLY OPERATE AT A LOWER LEVEL Or SERVICE. SjZH TRArrI^ C„DI '10": WO'J:D SERVE TO INCREASE THE CC:T Or ENTERII); AN:, LEAVI'i_ D:iW%70r:'. MIAMI, REDUCING- ITS A=-rSSi- BiLITY TO THE R ,T Or THE RE fD% , A%_, INCREASING THE COST Or BUSINESS C:,z; TIC.; 1% 7-_ A. _°. See Figure 7 for the er;ecte� 1984 roadway system in the primary pro- ject impact area. Tables 7 and 8 below summarize the Intersections expected to operate at a poor level of service in 1984. TABLE 7 Inter:;e,;tions Operating at Unacceptable Level of Service 1984 A.M. Peak Hour Intersection S.E. 3rd Street d S.E. 2nd Avenue Biscayne Blvd. Way & S.E. 2nd Ave. S.E. 3rd Sire.-t & S.E. 3rd Avenue S.E. 2nd Street 8 Biscayne Blvd. S.E. 3rd Street R Biscayne Blvd. -37- level of Ser_v{ce TOfet TreffiC Eiac karNrjC TreffIC flnel. Bell Point) C E D+ D A D A DI, B+ D 98 9317 E: j - 4=-- lil r r N I 31d ST. -.Z.-P 9 a-L ` W 2 CMV* \KAU i1 J 6%U& tJWAr- A �MN�iI M�iapo�r 1984 ROADWAY SYSTEM TABLE 8 I• ^s 'ar.er, - -• 'ce; �� Lew G• Se►vice Leve' of Se -vice Totai Traffic Tra•fic (Intl, ball Pcint) S.r. ?nz _tree, d -.E. 2nd Avenue r F �' . & _.-. fir- Avenue D• E �._. 2r� Blvd. r w ile mangy of tr- aDOve intersez*;o-s a-e exnec*e� to be con0estec in 1954 as a revolt of ba2�yrounr traffic alonew several intersections c r r!e e!� tree• cow, ►ne- oell Flint traffic is adae^_. In the P.M. S.E. _n, _'reef reaKs aJw De -wee S.E. 2nd n ve-..P ar: °;­..avre SJt:���arc, the primary route for traffic leaving the ci-e. I ry rJ�?^+"its '.c tna [,,, ,c F;aza area are not c.:'rently programed, De' are in the planriny steoes. The Florida Department of Transportation (FDJT) is consiaerin; improvea*:nts to the 1-95 Connector into Dupont Fla -a, as well as aczitional access across the Miami River. Public hearinas or the alternatives are scne7uled for July. but completion of these'. ir.przwvr eats is not articipated by FDOT until between 1906 and 199:. T.c of the improver.ants under consideration, i.e.. widening the bricKell gridce to 6 lanes an! constructing flyover ramps from the 1-95 Connector to Eiscayne Blvd. May and S.E. 2nd Street near 8iscarne BJ.:levard, were modeled intc the future roadway network by the Applicant and it was shown that an ultimate solution is possible. - 39- 98 93"d I 4^ C IN 195= IS B=ICKELL AV--N NEA= S.E. 127n STREET IN THE P.r. C1. LE;: T-A', 1:1 C= T,I- TrLA='IC IS 5E\c9ATE: By ?AFL PJINT, E. C';; 0. THE ALTfR'•ATIVE DJPD';T PLAZA IMIIR'VEVE%TS EEIN" CONSIDERED 2Y FDDT IS A NEw "ELKS SOUTH" SPIDGE ACn:S THE MIAVI RIVED, EAST Or THE 0J-'Y.7 PLAZA H;,TF, C74NECTIN; BISCAYNE BO'JLEVAR` AN BRICKELL A`: EN E SO -'TN 0= D'_'l" . PLAZA. IF THIS ALTER.AT I VE IS C►+OSE%. A STRIP 07 LAND IN THE SO'JTHwEST SECTION Or THE SITE WILL BE NEEDED F0- THE Iti'= _.E'•'_`•T. jr ..o- t' the ^FI-5. SOUt?'." OCtiOr for a M.ia-+i River cross- ink, the la Iccs e_ rr[• a^C soutn of the eKtensior of the eastern i, T,i_ A=-:1i_AYT P:tJ=J:E: THA' FA;:... -SIN-- ON Cr17PIN PLAZA BE REMOVED TO A=J!'J_,4TE TRAcFIC IYHIO- WILL USE CHOPIN PLAZA FOR ACCESS TO THE_ HJTEL. THE A;'PLICANT AND THE OFF-STREET PARKING AUTHORITY ARE NEaO- T I A' 1 %—" .A'. RE JARD I N _' C016!?ENSAT I ON TO THE AUTHORITY FOR THE LC. S OE Pc-VF';7E AND!OG PAR -:IN? SUPPLY. APPROXIMATELY 50 PARKING SPACES, MANY OF V-flCH ARE USED BY VISITORS TO BAYFRONT PARK. INCLUDING THE BA%D SHF LL, MOJLD BE REMOVED. UNLESS AN AGREEMENT IS REASiD. THE VIAAILITY OF THE HOTFL COULD eE AFFECTED DUE TO THE LACK OF DIRECT PUPJ C ACCESS. A%D THE USE OF BAY;7"T PARK SY THE REGION WAY PE 01 C7JkA,ED. -41- 98- 937 r r R:��u'rfc a-.-ers to the hc!e1 must to provioet. There is About K^1 o, ric-0!-.34 in Cho;,Cle:t, C� w',.r 24' (TwC traffic la -es) is re�:luireC to ha -]le traffic to the hotel. An tr,cr-fore, be rej-he: be•.ee-. the Applica-.' ane C'f-;'ra rcrkir,_ A❑th rit; przvidin: for tw: traffic lanes un- _. _ ^uCtPJ t`. GA wi" r.:..2^�•'.�_ or C^.777n To a^stJ-E aL'e-,3!e tc PO-n, su:" d^ R;,' •-^7-! sho„IC also provi Oe for an a:P •J!@ dr n! o4 pa,.in7 in fr.i Pih:a area. COSt of necessary im- pr_�•_r.. er.0 loss of Auth:.''!s re:enus, if any, should be borne C. tr: A::w',:, w _'_ :f r- L "Ef iC iary o• such chanties. EA IMRT ,Y SPACES W;LL BE 14' 1: Ex _S E" T,_ A=-.!CA'.'73 HA�r L!- _-17EC7 UPON TRAkEL Tv Tnc DDr,'. -.a'. AR ---A DBE TL •:n_ CC:_TRXT13% OF THE RAPID TRANSIT SYSTEM AS-. Pi_OPLE 9. 25tS PA;KIN' SPACES WILL B-r PR3':1D_D WITHIN THE PROJECT FOR BALL POINT EMPLC`'EE`_, RESIDENTS, At.: VISITOi?S. OF THESE, THE AP?,ICANT PR, -POSES 1 605 SELr-PA^-KIN- SPACES FOR, CD'.D't':IUf' USE, SEPARATED F" THE OTH£R i I j PA:WIN? AREAS. Farking for other than con,f,'.miu• use appears adequate; however, 1.4 self -parkin_ s?d:es per dwallinc unit is low. Based on Dade County Zoning Coon stancara_, this project needs 863 condominium parking -Q2 98- 937 r 01r, w ages to ac�.ocrocate 5C^ dwelling units, i.e., the proje_• is 161! s:a:e: deficient usin; se!f-porminc. A lack of perking for residential use c0_I: a'fect the saleatility of condominiwms. However, if the AD^IiCd•.t were tC emDlOy vale' parking and design the condomin;wm D67..in^y fa:ilities a:=ordin ly, 2✓-3, percent more parkin_ spaces c3,!,4 De O:tsineG fro* tr,e s2�-c area, making the parkin_ su;,,Iy ede- Tne Applicant should, therefore, arovide at least 863 condo- miniu-. parkinc spaces tnroua^� construction of ad':itional sal hparkinyp tn-ou^n facility redesign,, tnrouz" design for and provision of valet pa -Kin_, or, a cor:ina*ion c' the a5ove me'nods. AN- A.,- I Y I TY AR: PLAN'::^ A- SRDJ%- LEVEL ANO IOWA GE.;_,- _ t'A.O^ FEA-J;_S WILL A WATER_ A.,Oti< EISCA".E SAY AN: THE MIAP"I RIVER, RETAIL SPACE It. THE FR,%TIN"> ON THE PRO+'EyA7E. A`1: A LA140SM91ED PLAZA ATOP THE PODILV WITH PEDESTRIAN BRIDGES ACROSS BISCAYNE BOULEVARD TO THE PE3Pc'c 1+1,':ER AN- DUPONT PLAZA. With the pede>trian brido-s across Biscayne Boulevard proposed by foe Applicant, and the current allocation of more than 25 percent of the traffic signal cycle time to an exclusive pedestrian phase at SiseayM Boulevard and S.E. 2nd Street, it is anticipated that pedestrian wove- mcnt between the site and downtown Miami will be handled smoothly end safely. The City of Miami should. however, wonitor Pedestrian wovewent -t 3- 98- 93`7 r or., across eiscavne Boulevard to anC fror tre sit*, and wok al" Otne- gcQ,ernme,t ase,cies and/or the Apzl;cart to rwwdv any pe3es'ria', v-auie^�s rhicr� mion! arise. -44- 98 - 937 or Or J^ I. Nu -tee- of dwelling units DY Price Range. Type, and BeCroO' Cant: Nu-. e� c' Be:-oo-s c-ice n9�?e Stru_ture _y.R —1 2- --3 Tot&1 D!s $1�-ID-13-10919?9 Hia' FiSe 75 C 0 75 E1t,,�-119,999 " 75 0 0 75 SIt ,0'.•-14y,OJ0 " 0 0 5C 50 fl`.O,00�-159,000 " 0 0 50 50 Tc'a I" 25" 100 500 _. G �.B5id8 tial Oe—ity: 59 C.u./acre sit): 1" C..../acre Ev31�'_•iC� I. THE Ar'DLICA%7, PRO?0 _ TO CONSTRJC- 50^ LUXU=". HICK—P.ISE C(>,LwvIpmw UNIT IN TW", TOokcRS T," SE LOCATE: AT THE SOUTHERN EDGE OF THE SITE. 2. THE AP-LICATION INDICATES THAT THE SALES PRICE RAMSE WILL K $100.000 • S15D,070. HON:VER, THE Ao-LICANT BELIEVES THIS PRICE Rk%';E WILL SLF-' TANTIALLY AS A RESULT OF A MARKET STUOY PRESENTLY IN 3. THE AOOLICA'.- EruECTS THE FA (DRy,)ti• DISTRIB:TIO!. TO BE AS FOLLOWS: I t -7ra - 3M 2 bej-fro- - S' l 3 b?_'rfo- - 201 -45- 9�37 or r -- Ol'-7 L I IZ Y RE IA- U-.1 7, S ARE Y3J._ 1%4�` , Fv: 7A !:A*.' IN 'E%'- 7: Pk%- R.-SID--' Ef"=LOYEIS WILL BE T;kA%S- %k- z S-7 LC)-. 1ARL! 9 37.f 4' Ll .3 t.1 S..., We t": U, 1--t • 0- V. 3 D.. 14, -4, -.0. S.- M-✓.- level. t;A'A WLPO:ATIMI —46- 98- 937 OF OR PAC7 I I) - p_:,W ND -AT 10'.S It is 'ne re ende'ior. of the Swtr. Florida Re -,;Ora; Planning Council tc the City of Miami tha' Ball Pcir• be epproved. Subject to incorporation cf tre fpllo.in conJitio•s into the Cevelcpment Order: I. Tie A:;lica— will re:c-t tc the So:tn rlorida Regional Pianrir.: CCuncii 1r,F res.lt-- cf its marine community survey before procee!in; or S^3%atl renovation. If via^le marine communities are detected, the Applicant will incorporate, in its Corps of Engineers permit a;Giica io ne3,ures tL r.i-iri.e in;.ac' of seawall renovation, on .nese c-:a-is�s. 2. Frio- r, the A;plicart shall, us,n_ assJmotions _-i^ �r• ar:-.-.:..: to - -,aye Go.-. Dect. of , 5ffie and tie So.:tn Florida Regional Flannina Council prepare an, sunai-, appropriate data and oocumentation affirwe- tively derprstrntin to the satisfaction of the City Of Miami Public Works Department ("City"i and the County acceptable interim, ;mnrovemwtS tc allow roalways to operate at levels of service acceptable to the City ant the County in the A.M. and P.M. peak hours pending the completion of final traffic inprovk-w nts. The data and documentation shall also incluic projection; acceptable to the City, the Council and the County entaplishiny when inpieRrotation of interim solutions shall be repaired in whole or in part. Suc+, pro;actions shall be revirwNd annually -47. 98- 937 / OR Ci- t•�c C�.. :,iI er,_ th• Courts. -E A::lica-. shall Pa,, Its ez_of the cos`. of i►.;;,ntr.-inc the a_-e:Iable irte,i- crier ,. C. ^/"- it.' C•'ve lc. A;;I ;Car- Sh21I tat, le t: the, r_'i'. e't •C the CDJnty, suc- f�,.�?J' I_ c•, d'� bJ'•C tha' with f-fc City or the- Count,. ^ , to P;[l ica^' Shall obtai-- a co^ritrxrI o- «fie Dart of the City and the C7Jnty to im.le-gent the t tin•; i-:i,„ted b•. the prC:ections. a^_ _ 's s-,: I I tc 1z: the CJJncl l and A�- ,rovaI :Scav'e 5% levarc a 7.: .;tc i+all Point traffic: D r_., ision f::,;r tra'fi_ lanes frog the Southern-r_S' Site a=cesS poir' tc S.E. 2n^ Street, ren,val of the island near S.E. 3rd Street, provision, of a traffic sicral at S.E. 3rd Street, and addition of a sr--_on9 left turn lane northbound onto S.E. Znd Street. If approved in-erim in;r .:-^-x ts, under 2 above, obviate the need for any of these icy-ove":--.', SJ_•. inprove-re^,t(S) shall not be rewired. R. The Ap;licant will re.erve the lan� located west and south of the care-n riv -cf-way of Eiscayne Boo levare extenoe7, and will dedicate in;:• Ian: to tnc ap[re;riate gcvern-,ent a7ency if the land Is reeuirN for COnylrgA ion of a Miami River crossing. 49- 98 - 95ti The q;.�-iicc-t will an aOreetWnt witt the Cff-5tree• rar►irc q,''. ,t„ .rode; _ fcr t.: IraffiC lame o- 'o , FIaze U"'etIJ..•e: p.• .� ,•...•......... to a-t��., .tt:. a-ce t. the n-,•el. .itr. tns �, �.� ri; -='-+-• nr �n.:i" FI�-- -..- __ t- rar.inc a'- C. .:I ;can- will Pro, ice a' least the 5:•o-- tne• woulz ^ir- C-•: (Ce C't o- t dtat; f--' e>•cl Us•v! use mar prpvide sic" "i, �v .7J'•• _� tr�_rion o' 8L�`i0",�! set►-.^arD.inr facilltiei. ftw 7. are_ tc d11:?. VIP.' dc_ dczeSs frog the pr.;ec P F,1c: li£':^•-'tS, .Li lr f,?_'rrir�; dDC r�:ridTe- pU.`.IIC UStr Gt ^orsi[ilit, fCr r.irtcinin: all sections of the walk rill be specified E. Ttn A-••I;ca- will in.. r; _ratE all azzl:itinnai intorr.ctior rezj.°SteZ tltnP SJJ•• Fluri Ce nt,' . n<1 Flannin:: C'%Jr,: i I an:: revisions "bmitteC i, tn_• 4;; I i... t: on _.inal is ct the kn l ica'IOn 1_i�c.,.i F;, _.Ji i^.t d 0.:+^: IEtr 'L.^•tr• dnc r111 prwi Oe j. iondl F1Y ❑in_ Coun--i 1, City of Miaml� Ct'• C_ ^tt a th, _1C1c. -4; 98- 937 9. The Development Order shall be null and void if substantial Oevelop- me— C• the site has nc' began within two (2) years of the record*: date of the Development Order. 10. The Ap,-Hcation for Developmer* Approval Is incorporated by reference into tee Development Order of the City of Miami as follows: "tne Application for Development Approval is incorporated herein by reference and relied upon by the parties in dis- ceargin� their statutory duties under Chapter 3K, Florida Statutes. Substantial compliance with the representations c^ntaine' in the AppliCation for Development Approval is a conditior for aPprovai unless waived or modified by agreement a^on! the parties." -50- Q 98- 937 ANALYSIS FOR AMENDMENT TO PREVIOUSLY APPROVED DRI for the Ball Point Project (a.k.a. Miami Center I) CASE NO: 98-043 The requested amendment to a previously approved DRI is for the purpose of allowing an amendment to the Ball Point Development Order in order to delete a 3.01 acre parcel of land from the originally approved Development Order. The southern portion of the property was never developed under the original DRI and is required to officially be separated from the remainder of the property before it can be developed under the Downtown DRI or another individual DRI. The Ball Point Project (a.k.a. Miami Center I) is located along the north bank of the Miami River at Biscayne Bay and Biscayne Boulevard at 100 Chopin Plaza and approximately 201-399 S. Biscayne Boulevard (see attached legal description, location maps and aerial photographs for exact property boundaries). In determining the appropriateness of the proposed modification, the Department of Planning and Development has made the following findings: • It is found that the original DRI for the Ball Point Project was approved in 1979 and amended in 1080, 1986 and 1990. • It is found that the 1986 and 1990 amendments are null, void and of no further force and effect since the southern portion of the property was never developed. • It is found that the 1979 DRI development order, as amended in 1980 may still be in effect. • It is found that the Department of Community Affairs considers the DRI to affect the portion of land which was never developed; therefore, said portion of land should be separated from the remainder of the project by a legal instrument prior to the subject property being developed under a different proposal. • It is found that the proposed modification to the DRI does not constitute a substantial modifaction and is not in conflict with the Miami Comprehensive Neighborhood Plan 1989-2000. 98-- 9�7 PZ-2 APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING FACT SHEET City of Miami Department of Planning and Development. September 16, 1998. Notice of proposed change (NOPC) to previously approved Ball Point Development of Regional Impact (DRI). N/A Consideration of Notice of proposed change (NOPC) to previously approved Ball Point Development of Regional Impact (DRI). Approval. Please see attached analysis. PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION N/A APPLICATION NUMBER 98-043 Item #4 .................................................................................................................................................................................... CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 Date: rage i 98- 93 • It is found that the modification proposed (specifically the separation of the southern portion of the land which was never developed) will allow the property to be developed in a manner which will better serve the downtown area. Based on these findings, the Department of Planning and Development is recommending approval of the requested modification as presented. 2 98- 937 I • , • a a : 1 • • • r NI. ST, ST N � r • a • W � O � 13 N 13 N 17 It N , 1: a 14 n u /7 / 1, 1 • . p a . i : r Z • . , . 3 . , sai : 1 x • . 7 . a . _ 1a 14 1! N I7 1• 1• i I!! la3 . 1= 13 M 1! 14 17 18 19 1 1= 17 14 to11 1 ti a' z . • AST m' FLAGLER sT. - O N > r • 1 • • • •! = 1 Q N � W CN.•RTEIr IY u N I• I• rT • a I . ONE - t= N U • IT to A. �vJlr' Q Sub. + S cr r•u7i \t`st < S.E. • o SL u 14 1 r7 27 1• r• I= -rs k 1 r7 N n ti' 31� M - y truer a S T. ��y t• 1! != 1 10 • • 1 • ! • 1� o �P MIAMMII 1 r P4` ER AMENDED g,SCAYME g _ - \ �. m LE ARn IMAM :o:• ' TRAcr'c1 � • r A B C SRI pQS E L � D— 5 � �• eR,cscEtt, � ON _ s - i CLAUGHTON ISLAND 3 o r: C SECTION 2 SECTION 3 6 ' T • ' . 2 ° / / 8 TRACT G PARCEL J. TRACT V • s 4 7 . ,o • 3 , r 0 oT ' ' . �" eRtiC j •r r= ea 1• ro I• u a ? j°qRK TIt'P= le, n O c a o !J Q ! • ' _ S Nqs` 1 SECTION I TRACT A 4 13 I• ri 1• , • , � I I El' 8'` ' TRgc q V� co T 9,17 TRACT 'H' 9 S— 93 r IFI __...,.....v..,_, w,,. ....-._. .-....._. _.,.. rot e*�' w�� "so-*•'. � Y `� ''� 4�'rl�">•c� bb 98 - 937 Lucia A. Dougherty 579-0603 VIA HAND DELIVERY Ms. Lourdes Slazyk Assistant Planning Director City of Miami Planning Department 444 S.W. 2d Avenue, 3rd Floor Miami, Florida 33131 WIMU iNflVBlfi August 12, 1998 Re: Notice of Proposed Change ("NOPC") to Previously Approved Ball Point Development of Regional Impact ('[DRI") Dear Lourdes: On behalf of the owner, Miami Center Joint Venture and the contract purchaser, Miami One Centre, Inc. (collectively referred to as the "Applicants"), enclosed is a Notice of Proposed Change to amend the Development Order approved by the City of Miami for the Ball Point Project (n/k/a Miami Center 1). The Applicants are requesting that the Ball Point Development of Regional Impact ("DRI") development order, as amended, be modified. The Contract Purchaser of the 3.01 t acre portion of the DRI (Miami Center Joint Venture) is submitting this request in an abundance of caution, in order to ensure that the property can be developed pursuant to the City of Miami Downtown Development of Regional Impact (the "Downtown DRI"). However, the Owner believes that an amendment to the DRI is not required in order to proceed with development in accordance with the Downtown DRI and submits this application without waiving its argument that such an amendment is not necessary. - The Ball Point DRI was originally approved in 1979 and was subsequently amended in 1980, 1986 and 1990. Enclosed within the Notification of Proposed Change are copies of the DRI and all amendments. Based on our review, the 1986 and 1990 amendments are null, void and of no further force and effect. However, in an abundance of caution, the Applicants seek to remove the southern 3.01 acres (the "Subject Property") of the DRI from the Ball Point DRI, as amended, and to enable the Subject Property to be developed in accordance with the City of Miami Downtown DRI or to allow the Subject Property to ultimately be developed in conformity with an independent DRI development order. Therefore, the Applicants seek to modify the Ball Point DRI to delete the Subject Property which is legally described in Exhibit 1" and for the DRI to continue to run with the northern 5.44 acres which is known as Miami Center (;HKFNIIF:RG TKA-UKII; HUFF:MAN LIPOFF ROSF.N & QUEN•rrl.. P.A. 1221 BBICKFI.1. AVt.NUE MIAMI. Fi.uitiu:% :33131 305-579-0500 Fax :305-579.o717 MIAMI Nrw YORK WASHINwrON. D.C. 1'nu.,turLrulA SGI P►uto �, � ^ FORT LAubrWIAI.r Wry•r PALM [3 BF:ACII u[.ANuu T. LLAIIAS5F.F: BUI:A HATON 9 •eReU777 RESOLUTION PAB - 62-98 A RESOLUTION RECOMMENDING APPROVAL TO A NOTICE OF PROPOSED CHANGE ("NOPC") TO PREVIOUSLY APPROVED BALL POINT DEVELOPMENT OF REGION IMPACT (DRI). HEARING DATE: September 16, 1998 ITEM NO. 4 VOTE: 6-0 ATTEST: Loa&Slaik, s t Director Department of Pl 'ng and Development 98- 937 August 12, 1998 Page 3 shall thereafter have no further force and effect. Exhibit "A" of this Development Order continues to run with the land. TO: 29. This Development Order - Exhibit "B" - is expired and is of no further force and effect. Exhibit "A° of this Development Order continues to run with the land legally described in Exhibit 3 and is no longer binding upon the land legally described in Exhibit 1. We are also submitting the following items with this Application: 1) a list of property owners located within 375 feet of the 8.46 acre properties; 2) warranty deed of the Subject Property; 3) a survey of the Subject Property; and 4) two (2) checks addressed to the City of Miami as follows: a check in the amount of $2,000 to process the amendment and a check in the amount of $63.00 for notice to the property owners located within 375 feet of the 8.46 acres, as well as, the property owner of the northern 5.44 acres. Said amount was calculated by multiplying the number of such persons by $7.00 for the two required hearings. As required by Section 380.06, Florida Statutes, the NOPC is being delivered to both the South Florida Regional Planning Council and the Department of Community Affairs. Pursuant to Section 2105.3 of the Zoning Ordinance of the City of Miami, the requested changes would = constitute a substantial deviation from the approved development order under Section 380.06, Florida Statutes, and therefore, the development order may be amended without further compliance with the terms of the Zoning Ordinance. Please call me at 579-0603 if there is anything further we need to provide you in connection with the application, or if you have any questions. Very truly ours, Lucia A. ugherty Enclosures cc: Mr. Tom Beck, Department of Community Affairs Ms. Carolyn Dekle, South Florida Regional Planning Council Mr. Ned Siegel Jack Peeples, Esq. Joseph G. Goldstein, Esq. Adrienne Friesner Pardo, Esq. MIAMI/PAR DOA/974483/kvwz01 I. DOC/8/12/98 .J' 937 GREENBERG THAURIG August 12, 1998 Page 2 and legally described in Exhibit "3" of the Notice of Proposed Change ("NOPC"). The Subject Property is located at approximately 201-399 S. Biscayne Boulevard, Miami, Florida. As noted above, we request a change to the 1979 DO, as amended, to have it apply solely to the portion of the Parent Tract that is legally described in Exhibit "3" of the NOPC (which effectively deletes the Subject Property from the Ball Point DRI). In that regard, Section 5 of the 1986 DO Amendment is requested to by modified as follows: FROM: Section 5. Exhibit "A" and Exhibit "B" shall be binding upon the Applicant Miami Center Joint Venture and its successors in interest as provided herein. Exhibit "A" shall be binding upon the owner of Miami Center Existing, its successors and assigns. TO: Section 5. Exhibit "A" and Exhibit "B" are not binding upon the property legally described in Exhibit 1. Exhibit "A" shall remain binding upon the property legally described in Exhibit 3. We are further requesting that Condition 29 of the 1986 DO Amendment, as amended in 1990, be modified as follows: FROM: 29. Stay the effectiveness of this Development Order - Exhibit "B" - if One DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 is not under construction within three (3) years and three (3) months from the effective date of this Development Order or by February 21, 1990. "Construction" is defined as the issuance of a foundation building permit and completion of construction allowed by the foundation permit; "effective date" is defined as forty-five (45) days after the issuance of this Development Order by the Miami City Commission or November 21, 1986. In such event no development permits thereunto shall be granted, until such time as an Amended ADA, providing updated information, is submitted to the Council, City, and State and an Amended Development Order issued. Should the Development Order be stayed pursuant to this Condition and an amended Application for Development Approval as herein provided is not submitted within one year after such stay is imposed or by February 21, 1991, this Development Order - Exhibit "B" - shall expire and 2 n CREF:IVRERG TRAURIG 9 8 - 937 CONTRACT PURCHASER 4~ Contract Purchaser b' AI'Name Miami One Centre, Inc. _ Boca Raton, FI Mailing Address Blue Lake Management, 5000 Blue Lake, �k150Zip Code 33431 Telephone Number 5 61- 9 9 7 -1 111 Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name See attached Exhibit "1" Zip Code Mailing Address Zip Code Telephone 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 _ None Street Address Street Address Legal Description Legal Description Legal Description 98- 937 OWNER'S LIST Owner's Name Miami Cent@€ Joint Venture _ Mailing Address coo White & Case - 200 S. Biscayne B1vd,Miami, F1 33131-2352 Zip Code Telephone Number (3 0 5) 3 71- 2 7 0 0 Legal Description: See Exhibit "1" Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone 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 None Street Address Street Address Legal Description Legal Description 98- 901 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Exhibit "1" 201-399 S. Biscayne Blvd, Miami, Florida 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 trusts, and/or any other interested parties, together with their addresses and proportionate interest. Owner: Miami Center Joint Venture See attached Exhibit 24or Disclosure.. 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. None Owner or Attorn or Owne Lucia A. Dougneruy STATE OF FLORIDA COUNTY OF NIIANII-DADS The foregoing instrument was acknowledged before me this 2 day of August 199 8 , by Lucia A. Dougherty who is personally known to me or who has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: OFFICIAL NOTARY SEAL MARISOL R GONZALEZ irARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC4M"7 ttitISSION EXP. SEPT 17,1998 98-- 937 AFFIDAVIT STATE OF FLORIDA } )SS COUNTY OF MIAMI-DADE } 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 the Zoning Ordinance 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 Si STATE OF FLORIDA Lucia A. q&ou=aherty COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this y day of A u g u s t 19 q R , by Lucia A. Dougherty who is personally known to me or who has produced as identification and who did (did not) take an oath. O&M� 't �� �Z� Name: Notary Public -State of Florida Commission No.: O FICIAL NOTARY SEAL My Commission �NOTARY M:MAR60L R GONZALEZ PUBLIC STATE OF FLORIDA COMMISSION NO. CC403667 i MY COMMISSION F.XP. SEPT 17,1998 98- 937 All of Tract D, Bock 50, Page D described as Blccx 1, DU PANT I!, of the Pubtic follows: alinrr I PLAZA, according ;c t^a Pict L'neraof cs rzccraed in Pict Recoras cf Cede County, Florida, LESS that port;or of Trace Begin at the Northeast corner cf sc;d Tract D and rin West aiong the Nor-". !inn of Tract 0 for a d:stcrce of 645.94 feet to a Point c* Curvar::re, thence Southwes.erty a cng a circuiar curve to ine left, having a radius of 25.00 fees, o centrat angle of 81'26'00" for an arc distance of 26.81 feet to a Point of Compound Curvature; thence Southerly --long e circ;:icr curve to the left, having a radius of 3C0.00 feet, c central cngie of 2T34"0" for cn are distance of 149.57 feet to a point of tangency; tnerce run South for ;-, d!stcnce of 293.50 feet (said last mentioned four courses teing coi Ic:den: witr. The ooundary :fines Of scid Tract 0). thence rur, i_dst for a distance of 179 41 feet; thence rur, herth for c distance of i 50.G0 Peer: thence run East for o distance of 525.36 feet; tr,ence rur. Ncrth CC'04'07" 'Nest aiong the East line of said Tract 0 for a distance of 300.00 ;eei to the Point of Beginning, lying one. being in Fade County, Flaridc. 98- 90 Exhibit "T Owner.: Miami Center Joint -Venture is owned by: Miami Center Joint Venture (-MO ") is the record owner of the property. MCJV has been &seeded by Miami Center, L.L.C., a Delaware limited liability oompaay, pursuant to the bu*Mtcy order for MCJV. Miami Ceater, L.L.C. is owned by WFP MOV, Inc., a Delaware corporation and World FhancW Properties, L.P., a Delaware limited partrurship. WFP MCJV is wholly owned by World Financial Properties, L.P. World Fi ucial Properties, L.P. is owned by the following parties: (1) Emerald L.P. Moldings, Inc., which is wholly owned by Citibuk N.A.; (2) Battery Park Pumas, a pwtm3hip of Brookfield Properties Holdings Inc. and Brookfimld Properties SWWdiuy Corp.; and (3) Broolddd Properties Holdmge, Inc. Chh'b * NA and the Brookfield Properties entities are pubficly traded companies. Contract Purchaser: Miami One Centre, Inc. is owned by: Ned L. Siegel '°'3 3' 1 %.3 % Barry W. Florescu 43. i;%3% Morris L. Stbltz, III 33 1/3% �100% 98- 937 oD°�v 1.AIIITn_ZI87 / 31 �CM �—UM TM mTDEMl U, made this .. day of may, 1981, I between UMOCOYS a. GO= of the Cooaty of Albemarle, State of virginia, party of the first part, mad ►.SIMX CENTER JC= 9EbtTC88, s Tloridm general pastaership, with a place of Iiv w*PtN f wrap bixsiaess at Miami Center, Miami., Florida, party of the second part, )SAW . MSTvLSSETa t .. That the said pang► of the first part, for and im eon- _. u al sieratigu of the sum of Tea and N0/1.00 Dollars (510.00) and '''►�_- fS::llq( _ •� ll otb = good and valuable considsratioas to him in hand paid by tZ s ; • i the said party of the second part, the receipt wvhereof is �r _j.. hereby aciasou iedged, -has granted, bargained, and sold to the `".� � i-gt -a- -a— said pertr of the second pact, its snecessozs and assigns ==' the foil taro described parcels of laud, situate,' - - fore4as, oria4 and being 3,u the CounDa ty of de, state of Florida, to vita c C� c t: A.0 that certain plot, piece or parcel of land described ter: on the attached Exhibit A. 51F,. T0=Mdm NZ= all right, title and interest is and to iti►ttl any riparian and littoral rights incident thereto. e- ` Zrtc :tltlla.l SOSJF':T TO%. -� Z i r-OVE 1.* Taxes for 1981 and suhsegasat years. j ,�. >Ilortgage frame Theodore e. Gould to 01YMia as York 11or3.da Ega3ty Corp., a Florida. corporation, dated �-i'.�t 12/22/80 and recardad'l2/23/30, is.0.8.- Book 10966� page 2016, Dade county public xacords, and modifi 9 CE ; tion thereto, dated !larch is, 1981, seaarded :•- . _ tmder -CLerk' f Files, 8I Fo- Dade county public Records, for prsactpal ba]ame of $6,500,000.00, and second modification thereto• of even data harvvith recorded »oiler e1wk's 'pile j NO. 81-���� her Dads CaaatY Public Records (AN so �. ' modified► ainatter referred to as the •YAwrtgage•) f M = from. Y t � '141 AQOJS Ut A R _ #;►n �► 'WE �. i+rf Lr' • s �`+� FS PIONEER NATIONAL IMIT S Ail t.-a jaw } INSURANCE COMPANY �j et 2600 OouQms Rand. SlalEt 306 No I Reefed {u;f /ism cow Gw9m. FWP48 33134 r G G 98 - 937 11102 P-4 2188 Lots 1 through 1, both 1--save, Of Block 2 (being the whole of said Block of duPMT PrA21 accord- inq to the Pict thereof,=2carded Lu plat Book 50, at Page 11, of the Publi zords of Dadia County, riorl,da. To: 1 T4ZGS for 1981 and rsent years* 2. 2"tWICtICUM Set 46u-:, 00" from St- JOS Paper Ccommmy to Jose A. Force dated 1/29/34 C, and recorded 2/3/34 under Clerk's File No. CD-IS8901 C16. 30 She Martgage. And the said j&M of the first part -does hereby, spwAally warrant the title to said land, and will defend the same against the lawful claims of all persons whosoever claim- rr Lnq by, through or under him. )da nano rt 33 W12SX38 WZz=W, the said party at the first part has hazwonto set his Hand and seal the day sad year first. Aba" wriitan. Signed, Sealed and DOUTGrod in the Presence Of., Sun arArs" )wAiw COfsSZ Or AMO %P&X' no foregoing of jA der r- NMA1113 a A 1. L14 M was nalmowledg" before as . . . , 1961, by TXM=BX a. M 4MM 2- 98 WALTER J. FOEN1AN City Clerk November 4, 1998 (11,tt1i of 'fflia T 60, � uonr auu Mr. James F. Murley, Secretary State of Florida Department of Community Affairs Division of Resources Planning & Management 2740 Centerview Drive Tallahassee, Florida 32399 Dear Mr. Murley: DONALD H. AVARSH\1\ Cav ,Manager Enclosed please find a copy of Resolution 98-937 (with attachments), which was passed and adopted by the City of Miami Commission at its meeting on September 28, 1998, which is self-explanatory. This legislation is being forwarded to you for your information and files. Since ly, Walter J. oe 0n, City Clerk WJF:yd OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233A3051 250-5360/FAX: (305) 858-1610 (114-#v of 'ffliaznt \HALTER I. FOEMAN City Clerk November 4, 1998 Ms.Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Dear Ms. Dekle: DONALD H. A4'ARSHA\% ( ity Manager Enclosed please find a copy of Resolution 98-937 (with attachments), which was passed and adopted by the City of Miami Commission at its meeting on September 28, 1998, which is self-explanatory. This legislation is being forwarded to you for your information and files. Since ly, Walter J oe a City C1 WJF:yd OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 OLIT-tij of ffliamT WALTER I. FOEMAN City Clerk November 4, 1998 Ms. Lucia Dougherty, Esq. 1221 Brickell Avenue Miami, Florida 33131 Dear Mr. Dougherty: DON:ILD H. \YARSH >\% Cite Manager Enclosed please find a copy of Resolution 98-937 (with attachments), which was passed and adopted by the City of Miami Commission at its meeting on September 28, 1998, which is self-explanatory. This legislation is being forwarded to you for your information and files. Sincer ly, alter Foe n City Clerk WJF:yd OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610