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Home My WebLink AboutR-93-0217Alt t d .. J-93-177 2/24/93 9 3 - 217 RESOLUTIONN0. A RESOLUTION AMENDING THE INCREMENT II -DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL w IMPACT AS SET FORTH IN EXHIBIT "A" ATTACHED TO RESOLUTION NO. 92-609 ADOPTED SEPTEMBER 24, 1992; MAKING FINDING THAT SAID AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION; AND APPROVING SAID AMENDED DEVELOPMENT OF REGIONAL IMPACT AND MAJOR USE SPECIAL PERMIT; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING TO TRANSMIT -COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT. WHEREAS, on October 10, 1991, the City of Miami submitted a complete.Application for Development Approval for Increment II of a Development of Regional Impact to the South Florida Regional Planning Council and the Florida Department of Community Affairs, pursuant to Sec. 380.06, F1a.Stat.-, for the ongoing development through the year 2007 for the area designated in 1982 by City Commission Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area; and WHEREAS, the Miami Planning Advisory Board, at -its meeting held on September 16, 1992, following an advertised public hearing, adopted Resolution No. PAB 92 -27 by a -nine to zero vote, STY!° Q8$IQdi IMETM Ki OF PEAR 2 51993 a..oW= N 93- 217 t RECOMMENDINO APPROVAL of the increment 11 Development Order fort the Southeast Overtown/Park West Community Redevelopment Area;, and WHEREAS, conducted an September 24, 1992, the City Commission advertised public hearing pursuant to Sec. 300.06Y Fla.Stat.; and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South. Florida Re ional Planning Council, and each element`required to g g . �. on be considered by Sec.'380.06, Fla.Stat.;'and WHEREAS, the City Commission adopted by Resolution No. 92-609 on September 24, 1992, the Increment II Development Order as hereinafter set forth; and WHEREAS,the Department of Community Affairs subsequently determined that certain language in the development order should be deleted and that such deletion would not constitute a substantial deviation necessitating a' -public hearing before the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY. OF MIAMI, FLORIDA: Section 1. The Increment II Development' Order for the . Southeast Overtown/Park West' Development of Regional Impact, as set forth in Exhibit - "A" attached to Resolution No. 92-609, adopted September 24, 1992, is hereby amended as follows: �� z 'i�'{7: !*; At ItT "EXHIBIT A ATTACHMENT TO 'RESOLUTION NO. 92-609 SEPTEMBER 24t 1992 SOUTHEAST OVERTOWN—PARK WEST INCREMENT II'DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR 1 SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES 0 -OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALLs y -a 4. Complete the construction of N.W. 1st Avenue from N.W. 10th Street to N.W. 14th Street as a new four -lane, divided facility- prior, to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment II will generate more than a total of 818.peak hour trip ends, as estimated based on trip rates identified in 'Exhibit 2 herein; b. December 31, 1998. jy- "Am"? '�VMni 5. Co"I trith therequirements of Chapter 14y Section 14-71, Code of the City of Miami; entitled Tranoportation Control Measures, which seta forth the peak hour trip reduction and reporting requiremeht6:fbt"this'project, Section 2. The City Manager is hereby directed to instruct the Director of Planning, Building and zoning to immediately 11 transmit certified copies of this Resolution amending Exhibit' "Aw of the` Increment II Development Order to: Mr. Thomas Beck, Chief$, Bureau of State Planning, the Florida Department of Community Affairr, Division of Resource Planning and Management, Bureau of State Planningl 2740 Centerview Drive - Rhyne Building, Tallahassee, Florida 32399; Mr. Rob Curtis, the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021, and to Mr. Herbert J. Bailey, Director, City of Miami Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. Section 3. In the event that any portion or section of this Resolution, amending Increment II Development order for the SoutheastOvertown/Park West Community Redevelopment Area is. . determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution amending Increment II Development order for the Southeast Overtown/Park West Community Redevelopment Area, which shall remain in full force and effect. -4- 93- 217 :.t"AL, M46Ktr1IVn RJR PETITION r -s= Consideration of amending the Development Order for Incremfnt it of the Southeast Overtown/Park West Development of Regional Impact'to-remove certain language pertaining to acquisition of right•of-way,for,.construction of N.W. ist Avenue and finding that such amendment is not a substantial deviation.;: for Southeast Overtown/Park West to the South Florida Regional.Planning Council and the FloridaAepartment of Community` Affairs for ongoie±g development through the year 2007. The PAD at its meeting held-on.Septuber:f - 16. 1992 adopted Resolution 92-27,by a vote of 9 to.0 recoaeending approval of the iocremaht IL Development,Order. On'September 2t; 1992 the Increment 'li Development ° Order. was .approved,,by. City, Coaaission Resolution 92;►609, after-, an'advtrtised public hearing pursuant to fiorida Statute 380:46.',OCA:felt that language referring to the acquisition of necessary'*right'-ofmiway,for N.W� 1st Avenue by December 31, 1997 was unnecessary and inconsistent with provisions of Chapter 163 of Florida Statutes. The City Administration sent. a letter to OCA (attached) to forestall an appeal. The Department.of_ Community Affairs subsequently agreed that such deletion would not. constitute a substantial deviation. DCA filed no appeal, the 45-day appeal period' expired and the Development Order became effective on December 4 ":1994 '= thi:1� o present itemis proposed as a non -substantial aaendeesnt`toa'the 0evelopaent;..', Orden K SERclo R(SokICUE2, 41CP �. CESAR H. C113�t� bidQttor +. +..+. ' City mansty ,c . , x. December 2, 1992 Bureau of State Planning Department of Community Affairs 2740 Centerview Drive Tallahassee,- Flor:i.da:32399-2100 Attention: Mr.. -Jim: Snyder, ,Pl6hning Manager RE: Southeast Overtown/Park Nest'DRI° Dear Mr. Snyder: Pursuant to our recent telephone conversations, please be advised that the City Commission of the City of Miami at its January 14, 1993 meeting will be asked to amend the Increment II Development Order for the subject ORI as adopted by Resolution 92-609 by approving the following change: Page 14, paragraph 4.b.: Delete the two -sentence paragraph that -. reads: "In the event that by December 31, 1997, the necessary right-of-way for the subject improvement has not been acquired, then within 30 days, the Applicant shall request a meeting with Council staff to consider potential reallocation of the Applicants proportional share in the amount of $472,852 (1992 dollars). Any _ reallocation must be consistent with applicable statutes and' .rules." Our telephone discussions with you and the South Florida Regional Planning Council staff indicate no objection to removal of this language. It is -.,our understanding` that the- appeal- period for ,thisDevelopment Order expires on 'or about December 4, 1992. Based on the foregoing understandings, the City of Miami , requests an extension of the deadline sufficient to permit the City Commission to take -the indicated action. Sincerely; o Rodriguez, sistant- City•Manager/Director -= .` cc: Herbert J. Bailey, Assistant City Manager ;- -Linda K. Kearson, Assistant City Attorney Teresita L. Fernandez, Chief. Hearing Boards Division Pianh ng, 8 i#lding and Zoning Department pinning and Zoning Division / (3051 S794M / FAX (305) 3SS-1452 4 a#0'#`J of M r1fNf' 7 •Nn 70NINC DEPARTMENT/VS N.W. 2nd Street, Miami, Florida 33126 t _ ilia a a •x-k'x^ �• ,i, Jot . 1 NS •1 , . `tat oz. s- r..D , 'ASTAT " E. O F F L R'k DFPAR MEN7 OF COMM.UN.I.Y�' AFFAIRS x - C E: N"T E: It V ,1 E. W it. I V,. E, •. T A L. L_ A HA S S E E f l O R i O A :S Z q 9• 1 It LINDA LOOMIS SHELLEY LAWTON CHILES Q 6540 Sehelul ;:1, December 17, 1992 , Mr. Sergio Rodriguez Director artment. Planning, Building, and.Zoning Dep . City of Miami Post Office Box 330708 Miami, Florida 33233-0708 _ Re: ADAG_1187-046 Southeast Overtown/Park Test; Increment II Development Order Dear Mr. Sergio Rodriguez: On September 24, 1992, the City Commission of the City of Miami adopted the Southeast overtown/Park West Downtown. Development of Regional Impact (DRI) Increment II development order (DO).''The DO was rendered to the.Department on, October 20, The Department's 45-day appeal deadline was December 4, ,�.2. The Department staff believed that language in the,DO,was not consistent with Section 9J-2.0255, Florida Administrative Code the Department's Transportation Rule. C_ty.of Miami staff and Department staff discussed these ' concerns and City staff agreed to recommend WestlIncrementpage II Do paragraph 4.b of the Southeast Overto n/ at the next City Commission meeting. However, this meeting would _ be after the 45-day appeal period of December 4, 1992 On December,2, 1992, the City staff sent a letter stating that staff would ask to amend the DO deleting the aforementioned language at the January lti, 1993 City Commission meeting. The Department has decided not to appeal the Southeast 0vertown/Park West Increment II D0. The Department believes, that.,' - the revision of the DO, as proposed by City staff in the December 2, 1992, letter to the Department, can be done without a'public DO to the 3 hearing. Please render a certified copy of the revised ,Oepartmenti . ,.._ . WERGENCY MANAGEMENT • I1oUSING AND COMMUNIIY DEVELOPMENT •RESOURCE PLANNING AND MANAGEMENT 93- 217