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Home My WebLink AboutR-92-0607J-92-656 9/22/92 11/16/92 RESOLUTION NO .92 - 607 A RESOLUTION AMENDING A PREVIOUSLY APPROVED MASTER DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT (RESOLUTION NO. 88-110; ADOPTED FEBRUARY 11, 1988), FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND MAJOR USE PURSUANT TO ZONING ORDINANCE NO. 9500, BY AMENDING ITS PROJECT DESCRIPTION REGARDING CATEGORIES OF TOTAL ALLOWABLE DEVELOPMENT AND BY CHANGING THE PROJECT PHASING SCHEDULE OF INCREMENT I TO 1988 THROUGH 1997 AND INCREMENT II TO 1992 THROUGH 1999; FINDING AND CONFIRMING THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; DIRECTING TRANSMITTAL OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPERS AS SPECIFIED HEREIN; AND CONTAINING AN EFFECTIVE DATE. WHEREAS, pursuant Resolution No. 88-110, adopted February 11, 1988, the City Commission issued a Development Order and Major Use Special Permit for the Southeast Overtown/Park West Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, and Major Use pursuant to Zoning Ordinance No. 9500; and WHEREAS, on August 7, 1992, the applicant filed a "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI), Subsection 380.06(19), cffy COMUSSION MEETING OF SEP 2 4 IM Resolution No, 92- 607 Florida Statutes" with the Florida Department of Community Affairs, the South Florida Regional Planning Council and the City of Miami; and WHEREAS, on August 7, 1992, the applicant applied for an amendment to the previously -issued Development Order, Major Use Special Permit; and WHEREAS, the definition of total allowable development in the original master development order provided that "(t)he City may permit simultaneous increases and decreases between the land use categories (sic), provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips;" and WHEREAS, the proposed amendment to the Project substituting certain categories of development for previously approved categories, the proposed total of which does not exceed total trips generated by the original configuration, is not presumed to constitute a substantial deviation under Section 380.06(19); and WHEREAS, the proposed amendment to the project phasing to schedule Increment I from 1988 through 1997 and Increment II from 1992 through 1999 is not presumed to constitute a substantial deviation under Section 380.06(19); and WHEREAS, pursuant to Resolution PAB 25-92; adopted September 16, 1992, Item #2, by a vote of nine to zero (9-0), RECOMMENDED APPROVAL of the application for amendment; and WHEREAS, on September 24, 1992, the City Commission held an advertised public hearing to consider this application for 92- 607 amendment and Whether it constituted a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission considers this Resolution to be in the best interest of the citizens of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMIf FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution pertaining to substantial deviation and Conclusions of Law are hereby approved, confirmed, and adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. Exhibit 'A' of Resolution No. 88-110, the Development Order and Major Use Special Permit for the Southeast Overtown/Park West Development of Regional Impact is hereby amended in the following respects: 1/ "EXHIBIT "A" MASTER DEVELOPMENT ORDER PROJECT DESCRIPTION: The project consists of development in the Southeast Overtown/Park West Community Redevelopment Area through the Year 2007, including the following land uses and increments: 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. -3- 92- 607 f il 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 1,100 rooms Residential 2,000 2,000 5,000 9,000 (dwelling units) Attractions 8,000 8,000 0 16,000 seats Section 3. The Southeast Overtown/Park West Development of Regional Impact, as proposed to be amended by the City of Miami Department of Development and Housing Conservation, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the 1 —4— 92- 607 i" orderly development and goals of the City of Miami, and complies with local land development regulations. Section 4. The proposed amendment to the development order does not unreasonably interfere with the achievement of the ,l objectives of the adopted State Land Development Plan applicable to the City of Miami. Section 5. The proposed amendment to the development order is generally 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 set forth in Chapter 380, Florida Statutes. Section 6. Changes in the Project which do not exceed development parameters set forth in the Application for Development Approval and Report and Recommendation of the Regional Planning Council shall not constitute a substantial deviation; under Chapter 380, Florida Statutes, notwithstanding City zoning approvals which may be required. Section 7. It is hereby found that the phasing schedule changes and textual changes to the original Southeast Overtown/Park West Development of Regional Impact development order set forth herein do not constitute a substantial deviation. Section 8. This amendment does not constitute a substantial deviation pursuant to Chapter 380, Florida Statutes. Section 9. This Resolution shall be transmitted to Herbert H. Bailey, Assistant City Manager, and Sergio Rodriguez, Assistant City Manager, authorized agents for the Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, -5- 92- 607 r Suite 400, Miami, Florida 33131 and the Planning Building, and Zoning Department, 275 Northwest 2nd Street, Miami, Florida 33128, respectively; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021, and Linda Shelley, Secretary, Florida Department of Community Affairs, 2740 w Centerview Drive, Tallahassee, Florida 32399. Section 10. The effective date of this amended development order shall be 45 days from transmittal of the development order f 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. PASSED AND ADOPTED this 24th day of Se Am r 1992. ATT XAVIER SU Z, MAYOR .s '3 MATTY HIRAI City Clerk PREPARED AND APPROVED BY: LINDA KELLY AR Assistant City Attorney LKK/pb/bss/M3779 T•i' APPROVED AS TO FORM AND CORRECTNESS: 92- 607 TO: Matty Hirai DATE November 23, 1992 FILE City Clerk SUBJECT Scrivener' s Errors FROM : � � REFERENCES: A. Q inn es, III City At o ey ENCLOSURES s w lt�p r On September 24, 1992 the City Commission �`aao�tec}& tR9 following Resolutions and an Exhibit to a Resolution 4�liMQ contained typographical errors in their texts: vt 1. Resolution No. 92-607 2. Resolution No. 92-608 3. Resolution No. 92-609 - Exhibit A Enclosed herewith are the corrected Resolutions and Exhibit. Specifically, the Resolutions were corrected in the following particulars: 1. Resolution No. 92-607 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 2. Resolution No. 92-608 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 3. Resolution No. 92-609 (Exhibit A) - On Page 4 the references in the definition of CADA or Consolidated Application for Development Approval were changed from paragraph 17 on page 23 to paragraph 9 on Page 15. On Page 6 the reference in the definition of Project was changed from Page 1 to Page 3. Also, on Page 6, the reference in the definition of Project Area was changed from Page 6 to Page 1-2. On Page 10, the date August, 1992 was inadvertently left out. C Matty Hirai November 23, 1992 City Clerk page 2 This office reviewed the changes and determined that they were insubstantial, therefore, the Resolutions do not require further review by the City Commission. Accordingly, I am hereby requesting the execution of the corrected Resolutions and the substitution of Exhibit A (Resolution No. 92-609) as quickly as possible so that they may be forwarded to the Florida Regional Planning Council and the Florida Department of Community Affairs. Thank you for your cooperation in this matter. AQJ/LKK/pb/P790 Enclosures ' tago�Rtnntt � � Of �I MATTY HIRAI 3 CESAR H. 01310 City Clerk c �.��1� ii�� City Manager �pf_r�F��gw December 1, 1992 Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-607, 92-608, AND 92-609 Dear Ms. Shelley: On October 16, 1992, our office transmitted to you copies of the above -cited City of Miami resolutions, which have now been amended to correct scrivener's errors as explained in memorandum from A. Quinn Jones, III, City Attorney (copy enclosed). Please substitute the attached corrected documents for the ones previously sent to you. If you have any questions, please call. pectfully submitted, 4 % VaAtty Hirai City Clerk MH:si ENC: a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 33070E/h6ami, Florida 332U4705/(3051 2WSM or MA'TTY HIRAI � � CESAR H. 0010 City Clerk �...�� Ii"� ` City Manager December 1, 1992 Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-6070 92-608, AND 92-609 Dear Ms. D ekle: On October 16, 1992, our office transmitted to you copies of the above -cited City of Miami resolutions, which have Kow been amended to correct scrivener's errors as explained in memorandum from A. Quinn Jones, III, City Attorney (copy enclosed). Please substitute the attached corrected documents for the ones previously sent to you. If you have any questions, please call. R ectfully submitted, atty Hirai City Clerk MH:sI ENC: a/s PLANNING PACT SHEET P Val APPLICANT Miami Department of Development and Housing Conservation: October 10, 1991 LOCATION Southeast Overtown/Park West Development of Regional Impact (DRI). (Complete legal description on file with the Hearing Boards Division). LEGAL DESCRIPTION Beginning at a point at the intersection of the center line of H.E. 5th Street and the center line of Biscayne Boulevard; thence west on the center line of N.E. 5th Street (and H.W. 5th Street) to the east ROW line of I-95; thence northwesterly on the east ROW line of 1-95 to the south ROW line of 1-395; thence easterly on the south ROW line of 1-395 to the center line of Biscayne Boulevard; thence southerly on the center line of hiscayne Boulevard to the point of beginning, comprising +/- 209.38 acres, more or less. PETITION Consideration of amending the Master Development Order 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. Phase II (1994-1999) was to have included 2,000 residential dwelling units, 205,000 square feet of office space, 37,300 square feet of commercial space, 500 hotel rooms and 310,000 square feet of convention space. Phase III (1999-2007) was to have included 5,000 residential units, 632,500 square feet of office space, 90,600-square feet of commercial space and 600 hotel rooms. The proposed amendment, a result of changed market conditions, would change (1) the phasing of Increment I to 1988-1997 and Increment II to 1992-1999 and (2) would alter'tand use categories as follows: Increment I - 95,400 square feet of commercial, 8,000 attractions seats (to replace total convention space), Increment II - 337,000 square feet of office space, 71,700 square feet of commercial space and 8,000 attractions seats (to replace total convention space), and Increment III - 500,500 square feet of office space. 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. MANNING ADVISORY BOARD: APPLICATION NUMBER 07/30/92 Meeting scheduled for September 16, 1992. w 92 - 607 92- 24 PAB 09/09/92 Item # 2 age 1 WON uuu FE.- N, i t Svs ��=a�� ?► � _.. ati.77L�s�•,-sfeee,ec . 3.n:d! •waKCo:Mmaim-,mv !S. t .Cif tYt HERS{ERT J. BAILEY Assistant City Manager August 7, 1992 Mr. J. Thomas Beck, Chief Bureau of State Planning Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Beck: CESAR H. 0010 City Manager 05 2i Enclosed is a completed "Notification of a Proposed Change to the Southeast Overtown/Park West Development of Regional Impact" pursuant to Subsection 380.06(19), Florida Statutes, for your review and comments. Should you have any questions or require additional information, please do not hesitate to contact Reginald Barker of my staff at (305) 579-3366. Thank you for your cooperation. S' ly, H be t Bailey ssi4a City Manager HJB/ Enclosure cc: Jim Snyder, Bureau of State Planning Carolyn A. Dekle, South Florida RPC Sergio Rodriguez, City of Miami Linda Kearson, City of Miami • , 92- 607 DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER 300 Biscayne Boulevard Way, Suite 400-401/Miami, FL 33131 DEVELOPMENT DIVISION (305) 5794366 / HOUSING DIVISION (305) S79-3336 PROPERTY AND LEASE MANAGEMENT DIVISION (305) 372-4640 / Telecopier: (305) 371-9710 FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Herbert J. Bailey, Assistant City Manager, the undersigned owner/authorized representative of the 'City of Miami, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Southeast Overtown/Park West Community Redevelopment Project Development of Regional Impact development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the City of Miami, to the South Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. August 7, 1992 (Date) nature) 92- 607 Y 2. 3. 4. �4& 11 Applicant (name, address, phone). City of Miami, Florida P. 0. Box 330708 Miami, Florida 33233-0708 Phone: (305) 250-5400 Authorized Agent(s) (name, address, phone). Herbert J. Bailey Assistant City Manager City of Miami Development & Housing Conservation 300 Biscayne Blvd. Way, Ste. 400 Miami, Florida 33131 Phone: (305) 579-3366 Reginald Barker DRI Project Manager City of Miami Development & Housing Conservation 300 Biscayne Blvd. Way, Ste. 400 Miami, Florida 33131 Phone: (305) 579-3366 Sergio Rodriguez Assistant City Manager City of Miami Planning, Building & Zoning 275 N.W. 2nd Street, 3rd Floor Miami, Florida 33128 Phone: (305) 579-6086 Linda Kearson Assistant City Attorney City of Miami Law Department 300 Biscayne Blvd. Way, Ste. 300 Miami, Florida 33131 Phone: (305) 579-6700 Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Miami; Dade County; T53-R41-S36, T54-R42-S6, T53- R42-S31, and T54-R41-S1. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. The following changes are proposed to the Master development order (Res. 88-110): 1. Change the Project Description. The Phase I .(Increment 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. Phase II, or Increment II, (1994-1999) was to have included 2,000 residential dwelling units, 205,000 square feet of office space, 37,300 square feet of commercial space, 500 hotel rooms and 310,000-square feet of convention space. Phase III, or.Increment III,, (1999-2007) was to have included 5,000 residential units, 632,500 square feet of office space, 90,600 square feet of commercial space and 600 hotel rooms. 2 92- 607 C r The proposed amendment to the Project Description, a P result of changed market conditions, would change (1) the phasing of Increment I to 1988-1997 and Increment II to 1992-1999 and (2) would alter land use categories as follows: Increment I - 95,400 square feet of commercial space, 8,000 attractions seats and no convention space; Increment II - 337,000 square feet of office space, 71,700 square feet of commercial space, 8,000 attractions seats and no convention space; and Increment III - 500,500 square feet of office space. ustific_ation/Rationale 1. The Project Description must be modified to conform with a proposed amended Increment I development order and a proposed new Increment II development order. The regional impacts of the proposed Increment I Project Description as changed would not exceed the adverse regional impacts of the project as originally approved, as measured by total peak hour vehicle trips. The regional impacts of the proposed Increment II development program (Project Description) have been assessed by the South Florida Regional Planning Council (see Development of Regional Impact Assessment for Southeast Overtown/Park West - Increment II dated August, 1992). Measures which mitigate adverse regional impacts of the development program will be included in the proposed Increment II development order. 2. According to the Master development order an objective of the Southeast Overtown/Park West DRI designation is to provide a flexible guide to planned development rather than a precise blueprint for growth. Consequently, amendments to approved development orders and/or adjustments to future incremental development programs may be needed to ensure that said orders and programs "serve as a living guide recognizing the evolution of market demand and technologies." The following changes are proposed to the Increment I development order (Res. 88-111): 1. Change the Project Description. The proposed amendment to the Project Description, a result of changed market conditions, would change (1) the phasing of Increment I to 1988-1997 and Increment II to 1992-1999 and (2) would alter land use categories as follows: Increment I - 95,400 square feet of commercial space, 8,000 at -tractions seats and no convention space; Increment II•- 337,000 square feet of office space, 71,700 square feet bf commercial space, 8,000 attractions seats and no convention space; and Increment III - 500,500 square feet of office space. 3 92- 607 ustific A on Rationale 1. The Project Description must be changed to conform with the amended definition of Total Allowable Development proposed for the Increment I development order and to conform with the Project Description and definition of Total Allowable Development contained in the proposed Increment II development order. 2. According to the approved Increment I development order, an objective of the Southeast Overtown/Park West DRI designation is to provide a flexible guide to planned development rather than a precise blueprint for growth. Consequently, amendments to the Project Description may be needed to ensure that said "serve[s) as a living guide recognizing the evolution of market demand and technologies." 2. Change the definition of Total Allowable Development. The proposed amendment to the definition of Total Allowable Development would change (1) the quantity of allowable commercial (retail/service) development from 66,200 gross square feet to 95,400 gross square feet, and (2) add the attractions land use category, quantity 8,000 seats. The convention land use category, containing 290,000 gross square feet, is proposed to be removed from the definition. justification /Rationale 1. The definition of Total Allowable Development in the original Master development order (Res. 88-110) and the Increment I development order (Res. 88-111) provided that "the City may permit simultaneous increases and decreases between the land use categories, provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips." 2. Increasing the amount of commercial space by 29,200 square feet and adding 8,000 attractions seats while at the same time decreasing the amount of convention space by 290,000 square feet does not increase the total peak hour vehicle trips approved by the Increment I development order. 3. Substituting certain categories of development, e.g., the attractions land use, for previously approved categories, e.g,, the convention land use, does not contribute to the'exceedance of total vehicle trips generated 'by the original configuration approved with the Master and Increment I development orders. 4 92- 607 Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. No change in maps. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, ' indicate no change. See Substantial Deviation Determination Chart. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Originally approved development orders: 1. Master Development Order - Resolution 88-110 February 11, 1988 2. Increment I Development Order - Resolution 88-111 February 11, 1988 Modifications: 3. Stipulation of Settlement, Department of Community Affairs vs. The City of Miami, State of Florida Division of Administrative Hearings Case No. 88-12, June 2, 1988 (This settlement clarified the meanings of Total Allowable Development, Net New Development and Aggregate Exclusions as applied in the development orders.) 4. Resolution 88-456, dated May 12, 1988, agreeing to and authorizing the City Manager to execute the aforementioned Stipulation of Settlement. 8. Describe any lands purchased or optioned within 1/4 Mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non -project land uses within 1/2 mile on a project master site plan or other map. Not applicable. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Not applicable, change is based upon application of simultaneous increase/decrease criteria contained in 380.06(19)(b)18., F.S. (1987), and City of Miami Commission Resolutions 88-110 and 88-111. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO Not applicable, public hearing to be held and determination to be made. 10. Does the proposed change result in a change to the build - out date or any phasing date of the project? If so, indicate the proposed new build -out or phasing dates. Yes. Increment I Original Phasing and Build -out: 1988-1994 Proposed Phasing and Build -out: 1988-1997 Increment II Original Phasing and Build -out: 1994-1999 Proposed Phasing and Build -out: 1992-1999 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 3180.06(15), F.S., and 9J-2.025, Florida Administrative Code: 6 92- 607 12. An updated master site plan or other map of the development portraying and distributing the proposed changes to the previously approved DRI or development order conditions. No change in maps. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out data of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See Attachments I and II. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan or development; Not applicable. C. A proposed amended development order deadline for commencing physical development of proposed changes, if applicable; See Attachments I and II. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; See Attachments I and II. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and See Attachments I and II. r' f. Proposed amended development order specifications for the annual report, including the dat of submission, contents P 9 e + and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), F.A.C. ' Not applicable. 4 17� 7 92- 607 TYPE OF LAND USE CHANGE CATEGORY Substantial Deviation Determination Chart PROPOSED ORIGINAL PREVIOUS D.O. PLAN PLAN CHANGE + DATE Attraction/ # Parking Spaces N/A N/A N/A N/A N/A N/A Recreation # Spectators 8,000 0 N/A # Seats Site locational changes N/A N/A N/A Acreage, including N/A N/A N/A drainage, ROW, easements. # External Vehicle Trips 28 (PM Peak) 0 (PM Peak) N/A D.O. conditions See discussion at end of chart. ADA representation See discussion at end of chart. Airports Runway (length) N o t A p p l i c a b l e a Runway (strength) Terminal (gross square feet) Site locational changes - Airport Acreage, including drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions ADA representations Hospitals # Beds N o t A p p t i c a b 1 e # Parking Spaces Building (gross square feet) Site locational changes Acreage, including tp drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions ADA representations Substa ntial Deviation Determination Chart (cont.) TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LANDUSECATEGORY PLAN PLAN CHANGE + DATE Industrial Acreage, including drainage, ROW, easements. N o t # Parking Spaces - Building (gross square feet) # Employees Chemical storage (barrels and lbs.) Site locational changes # External Vehicle Trips D.O. conditions •ADA representations Mining Acreage mined (year) N o t Operations Water Withdrawal (Gal/day) Size of Mine (acres), including drainage, ROW, easements, etc. Site locational changes # External Vehicle Trips D.O. conditions ADA representations Office Acreage, including N o t drainage, ROW, easements. Building (gross square feet) # Parking Spaces # Employees Site locational changes # External Vehicle Trips I D.O. conditions ADA representations O A p p l i c a b l e A p p l i c a b l e A p p l i c a b l e 0 IT Substantial Deviation Determination Chart (cont.) PROPOSED TYPE OF CHANGE PLAN LAND USE CATEGORY petroleum/ Chem. Storage Capacity N o t (barrels and/or lbs.) Storage Distance to Navigable waters (feet) locational changes Site Facility Acreage, including etc. drainage, ROW, easements, Vehicle Trips External D.O. conditions ADA representations Ports (Marinas) N o t boats, wet storage boatsage , dry storcu. o yds.) Dredge and fill ( (gals.) (q Petroleum storage locational changes _ site port Acreage, including etc. ROW, easement, drainage, # External Vehicle Trips D.O. conditions _ AD,A representations Residential # dwelling units Type of dwelling units # lots Acreage, includingROWeasements, etc. ROW, drainage, locational changes site # External Vehicle Trips • t D.O. conditions ORIGINAL PREVIouS U.V. CHANGE + DATE PLAN A p p l i c a b l e A p p l i c a b l e A p p l i c a b l e im- Substantial Deviation Determination Chart (cont.) TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN ORIGINAL PLAN PREVIOUS D.O. CHANGE + DATE Wholesale, Acreage, including Retail, drainage, ROW, easements. N/A N/A N/A Service Floor Space.(gsf) 94,500 66,200 N/A (Commercial) # Parking Spaces N/A NIA N/A # Employees N/A N/A N/A Site locational changes N/A N/A N/A # External Vehicle Trips 58 (PM Peak) 40 (PM Peak) N/A D.O. conditions See discussion at end of chart. ADA representations See discussion at end of chart. Hotel/Motel # Rental Units N o t A p p 1 i c a b I e Floor Space (gross square feet) # Parking Places # Employees Site locational I changes Acreage, including drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions ADA representations Convention Acreage, including drainage, ROW, easements. N/A N/A N/A Floor Space (gsf) 0 290,000 N/A # Parking Spaces NIA N/A N/A # Employees N/A N/A N/A Cp Site locational changes N/A N/A N/A # External Vehicle Trips 0 (PM. Peak) 46 (PM. Peak) N/A D.O. conditions See discussion at end of chart. ADA representations See discussion at end of chart. Li Substantial Deviation Determination Chart (cont.). TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. '.SAND USE CATEGORY PLAN PLAN CHANGE + DATE Open Space Acreage N o t A p p 1 i c a b 1 e (All natural Site locational changes and vegetated Type of open space non -impervious D.O. conditions surfaces) ADA representations Preservation, Acreage N o t A p p 1 i c a b 1 e Buffer of Special Site locational changes Protection Areas Development of site proposed D.O. conditions ADA representations F- N Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. 4'� I 61� c EXPLANATION Of. SIMULTANEOUS INCREASES AND DECREASES IN LAND USES The Increment I development order (Res. 88-111), page 3, sets forth the following definition for "Total Allowable Development," including the criteria by which the City may permit simultaneous increases and decreases in land use categories: "Total Allowable Development• The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of the Development Order, together with the applicable Master' Development Order, as may be modified pursuant to F.S. 380.06(19) (1987), and which shall be measured by the following land uses: Of f ice Retail/Service/Commercial Residential Convention 166,000 gross square feet 66,200 gross square feet 2,000 dwelling units 290,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, provided that the regional impacts of the land uses as changes will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips." Additionally, substituting certain categories of development for previously approved categories or land uses which does not cause the exceedance of total peak hour vehicle trips generated by the original configuration does not contribute to additional adverse regional impacts. An objective of the Southeast Overtown/Park West DRI designation as expressed in the "Findings of Fact," Increment I development order, pages 4-5, is to provide a flexible development framework wherein future development may take place which responds to "the evolution of market demand and technologies." (Today's market conditions suggest that an attractions land use designation may further the timely redevelopment of Southeast Overtown/Park West instead of the convention land use category designation.) Consistent with the above, the applicant proposes to increase the commercial land use category to 95,400 square feet (net increase of 29,200 square feet) and add 8,000 new attractions seats, and to an to decrease the convention land use category by an equivalent amount (290,000 square feet), as measured by peak hour vehicle trips. It is important to note that peak hour vehicle trips were agreed upon by all agencies participating in the drafting of the development order to be the controlling criteria, rather than total trips. 13 /9 92- 6G7 Approved Project Description/Total Allowable Development Units/ PM peak Hour PM Peak Hour Vehicle Land Use Quantity Vehicle Trips Trips Per Unit Land Use Office 166,000 gsf 116 0.000698 Commercial 66,200 gsf 40 0.000604 Residential 2,000 dus 284 0.142000 Convention 290,000 gsf 46 0.000159 Total 486 Proposed Project Description/Total Allowable Development Units/ PM Peak Hour PM Peak Hour Vehicle Land Use Quantity Vehicle Trips Trips Per Unit Land Use Office 166,000 gsf 116 0.000698 Commercial 95,400 gsf 58 0.000604 Residential 2,000 dus 284 0.142000 Attractions 8,000 seats 28 0.003559(1) Total 486 (1) Extrapolated from Consolidated Application for Development Approval (CADA) for Southeast Overtown/Park West and CADA for Downtown Miami, as Southeast Overtown/Park West is a sub -area of Downtown Miami. A"Or MATTY HIRAI City Clerk October 16, 1992 Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 CESAIR H. 0010 City Manager RE: DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT Dear Ms. Shelley: The City of Miami Commission, at its meeting of September 24, 1992, passed and adopted Resolution No. 92-607, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. ectfully submitted, ( Z�� e-T HIRAI City Clerk OFFICE OF THE CITY CLERK/3500 Pan American Drinffl.O. box 330706/Miami, Florida 332334)7W(305) 25&S360 v�tzlj nx a=tnntt MATTY HIRAI may; City Clerk �•«(I II�� October 16, 1992 Ms. Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 CESAR H. ODIO City Manager RE: DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT Dear Ms. Dekle: The City of Miami Commission, at its meeting of September 24, 1992, passed and adopted Resolution No. 92-607, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. R ctfully submitted, M TTY HIRAI City Clerk MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-07W(305) 2S0-S3f0 92-656 9 2/92 s RESOLUTION NO. 9 2 - 607 A RESOLUTION AMENDING A PREVIOUSLY APPROVED MASTER DEVELOPMENT ORDER AND MAJOR USE PECIAL PERMIT (RESOLUTION NO. 88-110; OPTED FEBRUARY 11, 1988), FOR THE SOUTHEAST 0 RTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMP CT, PURSUANT TO CHAPTER 380, FLORIDA STAT ES, AND MAJOR USE PURSUANT TO ZONING ORDIN CE NO. 9500, BY AMENDING ITS PROJECT DESCRI ION REGARDING CATEGORIES OF TOTAL ALLOWABL DEVELOPMENT AND BY CHANGING THE PROJECT SING SCHEDULE OF INCREMENT I TO 1988 THROU 1997 AND INCREMENT II TO 1992 THROUGH 199 ; FINDING AND CONFIRMING THAT THESE CHANGE DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PUR UANT TO CHAPTER 380, FLORIDA STATUTES, AND I ORPORATING SAID FINDINGS IN CONCLUSIONS OF ; DIRECTING TRANSMITTAL OF THIS RESOLUTION T AFFECTED AGENCIES AND THE DEVELOPERS AS ECIFIED HEREIN; AND CONTAINING AN EFFECT DATE. WHEREAS, pursuant Resolutio No. 88-110, adopted February 11, 1988, the City Commission sued a Development Order and Major Use Special Permit for the South ast Overtown/Park West Development of Regional Impact, pursuant to hapter 380, Florida Statutes, and Major Use pursuant to Zoning 0 inance No. 9500; and WHEREAS, on August 7, 1992, the applica t filed a "Notification of a Proposed Change to a Previousl Approved Development of Regional Impact (DRI), Subsection 380 06(19), CITY COVMSS101f MEETING OF S E P 2 4 1992 Resolution No. 92- 607 F rida Statutes" with the Florida Department of Community Affa rs, the South Florida Regional Planning Council and the City of Mi ; and WHE AS, on August 7, 1992, the applicant applied for an amendment the previously -issued Development Order, Major Use Special Permi • and WHEREAS, t e definition of total allowable development in the original mast development order provided that "(t)he City may permit simultane us increases and decreases between the land use categories (sic), rovided that the regional impacts of the land uses as changed will of exceed the adverse regional impacts of the Project as original l approved, as measured by total peak hour vehicle trips;" and WHEREAS, the proposed amen ent to the Project substituting certain categories of developm t for previously approved categories, the proposed total of ich does not exceed total trips generated by the original configu tion, is not presumed to constitute a substantial deviation under ction 380.06(19); and - WHEREAS, 'the proposed amendment to th project phasing to schedule Increment I from 1988 through 1997 an Increment II from 1992 through 1999 is not presumed to constitu a substantial deviation under Section 380.06(19); and WHEREAS, pursuant to Resolution PAB 25-9 adopted September 16, 1992, Item #2, by a vote of nine to ze (9-0), RECOMMENDED APPROVAL of the application for amendment; and WHEREAS, on September 24, 1992, the City Commission he an advertised public hearing to consider this application f 92- 607 ndment and whether it constituted a substantial deviation uncle Chapter 380, Florida Statutes; and W REAS, the City Commission considers this Resolution to be in the b t interest of the citizens of the City of Miami; NOW, T REFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLO DA: Section 1. The recitals and findings contained in the Preamble to this solution pertaining to substantial deviation and Conclusions of aw are hereby approved, confirmed, and adopted by reference h eto and incorporated herein as if fully set forth in this Section. Section 2. Exhibit of Resolution No. 88-110, the Development Order and Major Us Special Permit for the Southeast Overtown/Park West Development f Regional Impact is hereby amended in the following respects:l "EXHIBIT "A' MASTER DEVELOPMENT 0 ER PROJECT DESCRIPTION: The project consists of development in the Southeast Overtow Park West Community Redevelopment Area through the Y ar 2007, including the following land uses and increments 1/ Words and/or figures stricken through shall be del ed. Underscored words and/or figures shall be added. he remaining provisions are now in effect and remain unchange . Asterisks indicate omitted and unchanged material. -3- 9 2 -- 607 � J E "T'" — e-'feet) AUU, (rooms ._\ j�el-}-iiig"n,_� � � �� / eonvention Uses Increment I (1988-1994) t II Increment III 999) (1999-2007) Totals Office (gross square feet) - Retail Service 166,000 95,400 337,000 500,500 71,700 90,600 1,003,50 257,700 General Commercial (gross square feet) Hotel 0 500 6 1,100 rooms Residential 2,000 2,000 5 000 9,000 (dwelling units) Attractions 8,000 8,000 0 16 000 seats f Section 3. The Southeast Overtown/Park West-De\elopn Regional Impact, as proposed to be amended by the CiDepartment of Development and Housing Conservation, cthe Miami Comprehensive Neighborhood Plan, is consistenwe _4 gin' 92- 607 or L development and goals of the City of Miami, and complies with ocal land development regulations. Se ion 4. The proposed amendment to the development order does not nreasonably interfere with the achievement of the objectives o the adopted State Land Development Plan applicable to the City of iami. Section 5. a proposed amendment to the development order is generally consis ent with the Report and Recommendations of the South Florida gional Planning Council and does not unreasonably interfere ith any of the considerations and objectives set forth in Cha ter 380, Florida Statutes. Section 6. Changes in the Project which do not exceed development parameters set rth in the Application for Development Approval and Report and Recommendation of the Regional Planning Council shall no constitute a substantial deviation; under Chapter 380, Florida tatutes, notwithstanding City zoning approvals which may be require . Section 7. It is hereby found that a phasing schedule changes and textual changes to the o 'ginal Southeast Overtown/Park West Development of Regional Imp ct development order set forth herein do not constitute a substanti 1 deviation. Section 8. This amendment does not constitute a ubstantial j} deviation pursuant to Chapter 380, Florida Statutes. i Section 9. This Resolution shall be transmitted to H bert H. Bailey, Assistant City Manager, and Sergio Rodrig z, 1 Assistant City Manager, authorized agents for the Department o Development and Housing Conservation, 300 Biscayne Boulevard Way, r • -5- ,►,�u�' 9 2- 607 i -;M ite 400, Miami, Florida 33131 and the Planning Building, and Zon g Department, 275 Northwest 2nd Street, Miami, Florida 33128, respectively; Carolyn Dekle, Executive Director, South Florida egional Planning Council, 3440 Hollywood Boulevard, Suite 14 Hollywood, Florida 33021, and Linda Shelley, Secretary, orida Department of Community Affairs, 2740 Centerview Driv Tallahassee, Florida 32399. Section 10. he effective date of this amended development order shall be 45 d s from transmittal of the development order to the Department o Community Affairs, the South Florida Regional Planning Council and applicant; provided, however, that if the development order i appealed, the development order will take effect on the day after 11 appeals have been withdrawn or resolved pursuant to Section 380 07(2), Florida Statutes. PASSED AND ADOPTED this 24th ay of sezttembrt6r , 1992. ATTE VIER L. MATTY 41IRAI City Clerk PREPARED AND APPROVED BY: APPROVED AS TO CORRECTNESS: LINDA KELL KE N A Q rr Assistant Cit Attorney ity A ! '� LKK/pb/M3142 -44*r J�e IM UJI7 92- 607