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HomeMy WebLinkAboutO-11032J-92-659 9/22/92 x032 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MIAMI AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), PERTAINING TO A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 88-111, ADOPTED FEBRUARY 11, 1988) AND MAJOR USE SPECIAL PERMIT PURSUANT TO ZONING ORDINANCE NO. 9500, FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, BY AMENDING SECTION 14-59 OF THE CODE, "DEFINITIONS", REGARDING THE DEFINITION OF TOTAL ALLOWABLE DEVELOPMENT; BY AMENDING SECTION 14-60 OF THE CODE, "RESERVATION OF DEVELOPMENT CREDITS WITH BUILDING PERMIT", BY CHANGING REFERENCES TO ZONING ORDINANCE NO. 9500 TO ZONING ORDINANCE NO. 11000; AND BY AMENDING SECTION 14-71, "TRANSPORTATION CONTROL MEASURES", PERTAINING TO RIDESHARING INFORMATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to prevailing market conditions, certain amendments have been made to the Downtown and Southeast Overtown/Park West Developments of Regional Impact regarding type, quantity and phasing of development in those projects; and WHEREAS, on September 26, 1991, pursuant to Resolution No. 91-698, the City Commission approved the amendments to the Downtown Development of Regional Impact Development Order; and WHEREAS, on September 16, 1992, Item #5, pursuant to Resolution No. 28-92, by a nine to zero (9 -0) vote, the Planning Advisory Board RECOMMENDED APPROVAL of the amendments to the Southeast Overtown/Park West Development of Regional Impact Development Order; and 11032 WHEREAS, Chapter 14 of the City Code of the City of Miami, Florida, as amended, intended to implement the Downtown and Southeast Overtown/Park West Developments of Regional Impact Development Orders, also must be amended to reflect the amendments to the development orders; and WHEREAS, certain perfecting changes must also now be made with respect to references to Zoning Ordinance No. 11000 and to jurisdictional matters with regard to Transportation Control Measures; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 14 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following respects:l/ l/ 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. 110,32 Sec. 14-59. Definitions. Total allowable development: The quantity of net new development for which certificates of occupancy may be issued under the terms and conditions of the Increment I, Increment II and Increment III development orders together with the applicable master development order, as may be modified pursuant to section 380.06(19), Florida Statutes (1987), and which shall be measured by the following land uses: -3- 11 32 Downtown Land Uses Increment I Increment II Increment III Totals (1988-1997) (1992-1999) (1999-2007) Office 6,919,550 3,600,000 3,700,000 14,219,550 (gross square feet) Government Office 300,000 250,000 200,000 750,000 (aross sauare feet) Retail Service 1,050,000 400,000 500,000 1,950,000 (gross square feet) Hotel 1,500 500 1,100 3,100 rooms Residential 3,550 2,550 2,920 9,020 (dwelling units) Convention 500,000 0 0 500,000 (gross square feet) Wholesale/industrial 1,050,000 0 1,050,000 2,100,000 (gross square feet) Institutional 300,000 0 300,000 600,000 (gross square feet) Attractions/recreation 6,500 1,600 5,000 13,100 seats Southeast Overtown/Park West Land Uses Increment I Increment II Increment III Totals (1988-1997) (1992-1999) (1999-2007) Office 166,000 337,000 500,500 1,003,500 (gross square feet Retail/Service/ 95,400 71,700 90,600 257,700 General Commercial (gross square feet) Hotel 0 500 600 1,000 rooms Residential 2,000 2,000 5,000 9,000 dwelling units) Attractions 8,000 8,000 0 16,000 (seats) -4- 11032 DIVISION 2. RESERVATION OF DEVELOPMENT CREDITS Sec. 14-60. With building permit. Application for reservation of development credits for net new development within the downtown or Southeast Overtown/Park West DRI areas that is not required to undergo major use special permit (MUSTP) review pursuant to Ordinance 9500 11000, the zoning ordinance of the city, as amended, shall be made concurrent with applications for a building permit. Sec. 14-61. With major use special permit. Application for reservation of development credits for net new development within the downtown or Southeast Overtown/Park West DRI areas that because of its size and nature must undergo major use special permit (MUSTP) review pursuant to Ordinance 9500 11000, the zoning ordinance of the city, as amended, shall be made concurrent with application for the the MUSP. Sec. 14-71. Transportation control measures. (A) General requirements. The following requirements shall apply to all development except renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; when such change generates a net increase of less than fifty (50) -5- 11032 peak -hour vehicle trips over the vehicle trip generation of the previous use or intensity; new structures or additions to existing structures of less than ten thousand (10,000) square feet; excavation; demolition; or deposit of fill. Development not excluded above shall: (1) Actively encourage all employees within the development to participate in carpools or vanpools by establishing or participating in an information and referral program, and shall maintain a current list (updated annually) of all employees interested in participating in a carpool or vanpool. At least once each calendar year, carpool, vanpool, and ridesharing information packages and questionnaires shall be obtained from Metropolitan Dade Count the Florida Department of Transportation through its Regional Commuter Assistance Program for the South Florida Region and distributed to all tenants and employees. (2) Establish and maintain current Metropolitan Dade eaunty Transportation Agen local and regional mass transit route and schedule information in locations throughout the development that are visible and accessible to existing and potential transit user. Section 3. The effective date of this Ordinance shall be 45 days from transmittal of the development order for Increment II of the Southeast Overtown/Park West Development of Regional Impact to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2), Florida Statutes. Q. 11032 Section 4. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 24th day of September , 1992. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 10th day of December , 1992. AT TVIER RUAREZ, MAYOR LX�� MATTY HIRAI City Clerk PREPARED AND APPROVED BY: x3e�� A4�004 64 LINDA KELLY KEARSOlf Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: LKK/pb/M944 -7- 11032 Zitg of �tarai MATTY HIRAI City Clerk February 1, 1993 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances and Kesolution which amend the Code of the City of Miami, Florida: R 92-693 11028 11021 11026 11029 11032 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk &ac DEPUTY CTTY ERK RECEIVED BY: ------------------------ DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360 fvflitv of �ffilamt MATTY HIRAI City Clerk February 1, 1993 Ms. Janet Reno State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Reno: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances and Resolution which amend the Code of the City of Miami, Florida: R 92-693 11028 11021 11026 11029 11032 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk 1 DEPUTY CITY CLEAR ij RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0708/(305) 250-5360 i '3 MATTY HIRAI City Clerk �GF r 0 FF,OQ' February 1, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances and a Resolution which amend the Code of the City of Miami, Florida: R 92-693 11028 11021 11026 11029 11032 If I can be of any further assistance, please do not hesitate to call. Very truly rs, Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360 PLANNING FACT SHEET PZ = APPLICANT Miami Department of Development and Housing Conservation: October :0. :;91 LOCATION Southeast Overtown/Park West Development of Regional Impact (ORI). (Complete legal description on file with the Hearing Boards Division). LEGAL DESCRIPTION _ Beginning at a point at the intersection of the center line of N.E. 5th Street and the center line of Biscayne Boulevard; thence west on the center line of N.E. 5th Street (and N.W. Sth Street) to the east ROW line of I-95; thence northwesterly on the east ROW line of I-95 to the south ROW line of I-395; thence easterly on the south ROW line of 1-395 to the center line of Biscayne Boulevard; thence southerly on the center line of Biscayne Boulevard to the point of beginning, comprising */- 209.38 acres, more or less. PETITION Consideration of amending Section 14-59, "Definitions", of the City Code pertaining to implementation of the Development Orders for the Southeast Overtown/Park West Development of Regional Impact. The Phase I redevelopment program (1988-1994) was to have included the construction of 2,000 residential dwelling units, 166,000 square feet of office space, 66,200 square feet of commercial space, 290,000 square feet of convention space. The proposed amendment, a result of changed market conditions, would change (1) the phasing of Increment I to 1988-1997, and (2) would alter land use categories for Increment I to include 95,400 square feet of commercial square feet (instead of 66,200 square feet) and 8,000 attractions seats (to replact total convention space). Figures for Downtown Increment I are also being amended to reflect an amendment to the Development Order made by Resolution 91-698 adopted September 26, 1991. Figures for Southeast Overtown Increment II (1992-1999) and Downtown Increment It (1997-19") are also added to the definition. An additional perfecting amendment would revise the source of information on ridesharing, etc., in Section 14-71, from Metropolitan Dade County to the Florida Department of Transportation through its regional commuter assistance program. PLANNING RECOMMENDATION Approval BACKGROUND AND The Master Development Order provided that "the City may permit simultaneous ANALYSIS increases and decreases between the land use categories provided that the regional impacts of the land uses as changed would not exceed the adverse regional impacts of the project as_originally approved, as measured by total peak hour vehicle trips." The proposed changes do not result in additional total peak hour vehicle trips and are reasonably related to changed market conditions in the city. PLs1i NG ADVISORY BOARD: At its meeting of September 16, 1992, the Planning Advisory Board adopted Resolution PAB 28-92, recammmAtng approval of the above by a vote of 9-0. CITY COMMISSION At its meeting of Septenber 24, 1992 the City Commission passed the above on First Reading. At its meeting of October 22, 1992 the City C miission continued the above. At its meeting of November 12, 1992 the City Cc mnission continued the above. 110 3 1L AOPtiCATION NUMBER 92- 26 PAS 09/09/92 Item + Peas 1 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11032 in the .................... X. X .X ............ Court, was published in said newspaper in the issues of January 20 ,1993 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except SaturdLLeand Legal Holidays) and has been entered as secondI matter at the post office in Miami in said Dade Ida, for a period of one year next preceding the firsn of the attached copy of advertisement; and affiants that she has neither paid nor promised any personorporation any discount, rebate, commission or refup ose of securing this advertisement for ublicas newspaper. Sworn to and subscribed before mre� this LQtl7, ay of .....foNn:al .. . uazy... A.D. 19..93. . ..F Y.5 ... (SEAL) AGNES E. PENARY PUBLIC STATE OF FLORIDASookie Williams perKq�.NO, CC 172108 COMMISSION EXP. AN. fi,19% p" INUMMA (PAWDWI All lkewsied persons vr�itake notice that on the 10th day of . Poo, et, 0Z, the City,,Comraissiort-of MfArM,,i� aAoPtad =, thti A-01%e a>+i�rR'hrms. eaaxxuurut: tvrdvuaile^_c NO. i®921, ADOPTED ON JULY 19, 11110rAS' AM"40r WON ESTABLISHED INiT A RE�J►AIQ.I TIAL APIflARfOft6tf1f3R"THE LAiN.iS1�FOf1G#EI�T " TR 1_PUKD f1Ef.Lr+{Vtm AOiD DEPOSi7ED'KOWA" ' w�10E *0t SW,:ADDMID iilfid4lE 9 i9�F f C? PROVIDE ,FOR AN 0WREASE iN THE AMOUNT OF ', t1 Q92,809 AS A REStR;;T 00. ADDI'JQ"L MONIES DEPIOWED IN SAID-FUND"DUE:TO SUCQCESSfTUL,FOR- FEITIItR fir l�S.PITA INiNG A RE .�#i rAOVI• SIf1Nb` CLAUSE 0,1 CE ,1041102E AN QRDiNANCE A, PNOTI�a SECTtOW i f3E C1P j FiE CiTY Of, iLiIAMI, FLORIDA, AS MEADED,. INMINO TMt NECOSSI'M FOR SEPARIATE {9RZJUi$' BY RAViNd ALLMEMdERS SERVE A ONE AM TER11M'OF_ OFFICE COMMENCING' ON NOVEM Y 3B, 1' 2 ANO TENDI , 014 NOVEMBER 29, 1993 Akb TY1i$ YEAR ,HEREAFTER, EXCEPT THE CITY COMMl"K I MOWLWMSE TERM SHALL RUN ItOR t'.iEC WAR REWE°f AMILE.BY THE CITY CQM441WIWXM E-ISlT", OF FA * YEAR FOLLOWING THE INfT11M. AiPPQ1INfi- M t4 S H. TERM TO COMMMONCE I R (dQ 1 CONTAINING A REPEALER VISION, SEV- CLAUSE AND PSOVIDING FOR AN. EFFEC• TIVE DATE . OARQ,� 1"CE f10.116�J , AN EMER.GENCY,Q7kDI[IANCE AM8kb` IN6 SECTION1 AND B OF ORDINANCE`'NO; 1092%,AS AMHIDRDr T+IE ANItIl7A'l:.' APPROPOIATiONS ORDiNANCt'ADOPTED SEP.TEMSER 26, 1"1, Fitt' FISCAL YEAR'1fsa�:ti2,_ ENDING SEPTEMBER,30, A02 FOR THE PURPOSE OF INCREASING THE BUDffI<T APPR popomS FOR THE POLICE AMD SOLID WAS?E DEPARTMENTS AS A =F1EipU OF. EME +WC E) Eti Ttf TfN(i T0' 1141 %NE ANDRF, W AND A BUDGET Alo"Zi 1= IMENT'IN'SPFICIAL'PROGFIAMS AND: AC{3OVNTS; CONTANSUG A AEPHALER PROVISiOW ANB 'A $EVER ABILIMOLAUSE. OfA4fNANCE M0..110� AN ORDINANCE RELATING TO FILWO OAMAGEPkf- VENTION, AMENDING TH9 CODE OP Tt1E'1Of V OF MIAMI, FLORIDA BY ADD -A NEW CHAPTe-k awl- T(i) "FLOOD . DA.AA RRLnVENTs Obi*- DEFiNItI iJ INT.ENT A 4'Auft fiE iiEll#Iaf�ITS f+ ,OEVEL'OPMET it4SPEGkAL FI;r50i f#A2AHD AR NON FLD HA2` 416 AREA$, PROYIDfFOR AD "N TfjA, N, ENFORCEMENT, VARIANC S, PENALTI AND DISCLAIMER OF LIAOILITY; , SHOULD THIS ORDINANCE'BE llrf , CONFLICT WITH ANOTHfiR, THE OR INCw GREATER, RHSTRXTIQNS-Sit1ALL P.RqVA#�; AOOPTING;,SYREFERENCE, THE tAWROW STUDY; -THE FLOOD INSUR tilff*#k&AND W „ DADE COUNTY FLOOD. CAVIER1A MAPS COUTAf11404%' A-SEVERABIU►Y CLAUSE,,"D PROVIDiNG FOR Att EFFECTIVE DATE. MIAMI Ct '" iEf hI1NSfN .NEIGbiS 060-0, t?I:AUI. 4#i8S R T PERTY LOCATED AT 1° W U MIAMI, FLOf�1DA , (M*W' Y,-pESCFRER, HEREINp BY CHANGINGT 1lN F�EiXION*6 ill{ t1�51 tIAMtLY RESIDEwIAi:; uma"If wellmew'1NSTinbm fr a THe TRANswmL ' OF A ODPY OF .TfM TEf� Ti8 A_ CIES; ING A - . .. R PROV . Mi@: 9E1R ERABILITY CLAUSE; AND i WViDiNG FMAN VKC- TIVE DATE. fLORIDA, AS AMf KDI #FIEVIOIi Y, APPROVI OLUTION.NO. 8B-'111, AND MAJOIR USE SF AINIMU t v A ORDER (RES 4RY 11, 19M) jRSUANT TO is SOU_ Tti�AST Poe k�. ,.. fINtT101V OF pW AME IiNO ERVATION ,OF ucvcw,+. NA"%,c nv. CHA( pgpEpIEHCES TO ZONING gf)OD'TO'ZON1%Q MINANCE NO. 1.11k10; AN4ADN- l!�MENDd1(i SECM 1 14•71, "TRANSR - 81" ON''R" TRO{e Mi tS %RW, PERTAININ%'—W-ER SRO 1#yF©IRMATION: CONTAINING A REPEALER RR4111t ANp.A ITV CLAUSE; AND P AN EFFECTIVE DATE.e tfice of sty be inspected by ttt6.paw S Id ord Amart Drive, Miami, Florida, f'y the tIy, F Wit, excN�Ing hclldays, between the hours 0178:00 ' a.m •and B:Qf�, p.m. (1005) MATTY HIRAi CITY CLERK MiAMI, FLORIDA g3"1201110M, 1120 i