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HomeMy WebLinkAboutR-92-0608J-92r-657 9/22/92 11/16/92 92- 608 RESOLUTION NO. A RESOLUTION AMENDING A PREVIOUSLY APPROVED INCREMENT I DEVELOPMENT ORDER (RESOLUTION NO. 88-111; ADOPTED FEBRUARY 11, 1988), FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, BY AMENDING ITS PROJECT DESCRIPTION AND DEFINITION REGARDING CATEGORIES OF TOTAL ALLOWABLE DEVELOPMENT AND BY CHANGING THE PROJECT PHASING SCHEDULE OF INCREMENT I FOR 1988 THROUGH 1997 AND INCREMENT II FOR 1992 THROUGH 1999; FINDING AND CONFIRMING THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, FLORIDA STATUTES, INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; DIRECTING THE TRANSMITTAL OF COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPERS AND DESIGNATED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to 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, pursuant to Resolution No. 88-111, adopted February 11, 1988, the City Commission issued a Development Order for Increment I of 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 CITY COMIESSION , MEETING OF SEP 2 4-19 Resdudm 9- 608 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), 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 and the Increment I Development Order provided that "(t)he 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;" 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 -2- i, 92-'608 WHEREAS, pursuant to Resolution PAB 26-92, adopted September 91 1992, Item No. 3, by a vote of nine to zero ( 9-0) , the Planning Advisory Board 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 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 MIAMI, 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. 88-111, the Development Order for Increment I of the Southeast Overtown/Park West Development of Regional Impact is hereby amended in the following respects:l/ 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- 608 "EXHIBIT "A" INCREMENT I 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: (91-033 Mare feet) (roonis) 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 —4— 92- 608 DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to Florida Statutes, 380.06(19) (1991), and which shall be measured by the following land uses: Office 166,000 gross square feet Retail/Service 95,400 66,290 gross square feet Residential 2,000 dwelling units Attractions 8,000 seats 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 changed will not exceed the adverse regional impacts of the land uses in Increment II of the Project as originally approved, as measured by total peak hour vehicle trips. 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 -5- 92- 608 the Miami Comprehensive Neighborhood Plan, is consistent with the 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 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. 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 IM 92- 608 Development and Housing Conservation, 300 Biscayne Boulevard Way, i Suite 400, Miami, Florida 33131; 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 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 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 Sept ► , 1992. ATT T XAVIER L SUAREZ,, MAYOR MATTY HIRAI City Clerk PREPARED AND APPROVED BY: LINDA KELLY K R N Assistant City Attorney LKK/pb/bss/M3780 APPROVED AS TO FORM AND CORRECTNESS: -7- 92- 608 CITY OF MIAMI, FLORIDA INTER -ORRICE MEMORANDUM TO: Matty Hirai DATE : November 23, 1992 FILE City Clerk su9JECT : Scrivener' s Errors FROM : REFERENCES A. Q inn es, III City At o ey ENCLOSURES: c�a - Q: Y.ts' ri. K) On September 24, 1992 the City Commission ,adopted tR following Resolutions and an Exhibit to a Resolution *hish contained typographical errors in their texts% Cn 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. ,Oa- 4 o �' CITY OF MIAMI, FLORIDA ``l INTP-A-OFFICE MEMORANDUM To: matty Hirai DATE : November 23, 1992 FILE City Clerk sUEUECT : Scrivener' s Errors #00 FROM REFERENCES: A. Q inn es, III City At o ey ENCLOSURES: +i y On September 24, 1992 the City Commission ;'adopte6 tR following Resolutions and an Exhibit to a Resolution �whi:ih contained typographical errors in their texts: Cn 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. 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, x'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 jn t of Ptautt MATTY HIRAI '3 CESAR H. ODIO City Clerk is to Ilot � City Manager 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, 92-60$9 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 scriveners 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. 4'aAelpectfully submitted, Vay Hirai 1 City Clerk MH:sl ENC: a/s i t97 3 3 'a } _t i i 3 OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 33070a//Mi�mi, Florida 33273.0=/(303) 2WSW #q of �lllittmi w MATI'Y HIRAI City Clerk s�f r O F December 1, 1992 Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 CESAR H. ODIO City Manager RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-607, 92-608, AND 92-609 Dear Ms. Dekle: 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 OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330705/Miami, Florida 33233-0708/(305) 2WS360 i PLANNING FACT SHEET *PZWJ9 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 Nearing 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. 5th 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 the Increment I 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. 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 replace total convention 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. PLANNING ADVISORY BOARD: Meeting scheduled for September 16, 1992. APPLICATION NUMBER 92- 25 07/30/92 92-- 608 PAB 09/09/92 Item 1 3 Page 1 byy ► M S o )IERStRT J. BAILEY Ascistant City t.lanaFc•r 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. ODIO City Manager 05i1 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► 1 � H be t Bailey sis a City Manager HJB/r Enclosure cc: Jim Snyder, Bureau of State Planning Carolyn A. Dekle, South Florida RPC Sergio Rodriguez, City of Miami Linda Kearson, City of Miami 0 77 J ' 92- 608 DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER 300 Biscayne Boulevard Way, Suite 400-401/Miami, FL 33131 DEVELOPMENT DIVISION (305) 579-3366 / HOUSING DIVISION (305) 579-3336 PROPERTY AND LEASE MANAGEMENT DIVISION (305) 372-4640 / Telecopier. (305) 371-9710 c 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 _Proect 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) 'Qnature) 92 608 3. M 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): I. 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. 92,- 608 d amendment to the Project Descri The propose tion, 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. ustificat-.on/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 attractions 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. g92- 608 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. ustification/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 99--- 608 W 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. 5 10 92- 608 �. 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 3'80.06(15), F.S., and 9J-2.025, Florida Administrative Code: 6 92- 608 � J • 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. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), F.A.C. Not applicable. 7 92- 608 Substantial Deviation Determination Chart TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. E, LAND JJSE E, CATEGORY PLAN PLAN CHANGE + DATE , Attraction/ # Parking Spaces N/A N/A N/A Recreation # Spectators N/A N/A N/A # Seats 8,000 0 N/A Site locational changes N/A N/A N/A Acreage, including drainage, ROW, easements. N/A N/A N/A # 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 00 Hospitals Runway (length) N o t Runway (strength) Terminal (gross square feet) Site locational changes Airport Acreage, including drainage, ROW, easements, etc. # External vehicle Trips D.O. conditions ADA representations # Beds N o t # Parking Spaces Building (gross square feet) Site locational changes Acreage, including drainage, ROW, easements, etc. # External vehicle Trips D.O. conditions ADA.representations A p p l i c a b l e A p p l i c a b l e Substantial Deviation Determination Chart (cont.) TYPE. OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND. USE CATEGORY PLAN PLAN CHANGE + DATE; Industrial Acreage, including drainage, ROW, easements. N o t A p p l i c a b l e # 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 A p p l i c a b l e 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 T Office Acreage, including N is t A p p l i c a b l e drainage, ROW, easements. Building (gross square feet) # Parking Spaces - # Employees Site locational changes # External Vehicle Trips D.O. conditions. ADA representations d? G 40 I Substantial Deviation Determination Chart (cont.) TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D•O. LAND USE CATEGORY PLAN PLAN CHANGE + DATE Petroleum/Chem. Storage Capacity Storage (barrels and/or lbs.) N o t Distance to Navigable waters.(feet) Site locational changes Facility Acreage, including drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions ADA representations Ports (Marinas) # boats, wet storage N o t # boats, dry storage 0 Dredge and fill (cu. yds.) Petroleum storage (gals.) Site locational changes Port Acreage, including drainage, ROW, easement, etc. # External Vehicle Trips D.O. conditions ADA representations Residential # dwelling units _ N o t Type of dwelling units # lots Acreage, including drainage, ROW, easements, etc. Site locational changes # External vehicle Trips D.O. conditions 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 Substantial Deviation Determination Chart (cont.) TYPE OF PROPOSED ORIGINAL PLAN PREVIOUS D.O. CHANGE + DATE CHANGE LANDUSE CATEGORY PLAN Wholesale, Retail, Acreage,including drainage, ROW, easements. N/A N/A N/A N/A Service Floor Space (gsf) 94,500 66,200 N/A N/A N/A (Commercial) # Parking Spaces N/A N/A N/A # Employees Site locational changes N/A N/A 58 (PM Peak) 40 (PM Peak) N/A N/A # External Vehicle Trips D.O. conditions See discussion at end of chart. ADA representations See discussion at end of chart. Hotel/Motel F-0 Convention CD b4l) # Rental Units N o t A p p I i c a b 1 Floor Space (gross square feet) # Parking Places 4 Employees Site locational changes Acreage, including drainage, ROW, easements, etc. t External Vehicle Trips D.O. conditions ADA representations Acreage, including drainage, ROW, easements. Floor Space (gSf) # Parking Spaces # Employees Site locational changes # External Vehicle Trips D.O. conditions ADA representations N/A N/A N/A 0 290,000 N�A N/A N/A N/A N/A NIA N/A N/A N/A N/A 0 (pm Peak) 46 (PM Peak) N/A See discussion at end of chart. See discussion at end of chart. 9 TYPE OF LAND USE CHANGE ' CATEGORY Substan tial Deviation Determination Chart (cant.) ORIGINAL PREVIOUS PATE PROPOSED PLAN CHANGE PLAN N o t A p P I i c a b l e Acreage Open Space Site locational changes (All natural T e of open space and vegetated Type conditions non -impervious D.O. surfaces) ADA representations N o t A P P I i c a b 1 e Acreage Preservation, rs osed Buffer of Special Site foment oflsite npe P Protection Areas Develop D,O, conditions ADA representations r N tion of each attach a detailed description may request than one sentence, fan drawings' The BureauIf a response is to be more modified site p Note. res of the proposed . e and cop' developer or his agent proposed Chang . additional information from the c� i Gn Q EXPLANATION Or 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 Is 92- 608 t 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. 14 92- 608 MALTY HIRAI City Clerk October 166 1992 Ms. Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 CESAR H. 0010 City Manager RE: AMENDED DEVELOPMENT ORDER 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. 92-608, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. s ectfully submitted, ATTY HIRAI City Clerk MH:vg Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 33t WMiami, Florida 33nWOV(30N 2W- ip tit. 'CCYCt MATtY HIRAI City Clerk October 16, 1992 CESAR H. ODIO City Manager Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 RE: AMENDED DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT Dear Ms. Shelley: The City of Miami Commission, at its meeting of September 249 1992, passed and adopted Resolution No. 92-608, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. s ectfully submitted, ATTY HIRAI City Clerk MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330709/Miami, Florida 33233-07W(305) 2W530 l--a 9 vr'f 92-657 9� 2/92 9 2 a 608 is RESOLUTION NO. A RESOLUTION AMENDING A PREVIOUSLY APPROVED INCREMENT I DEVELOPMENT ORDER (RESOLUTION 0. 88-111; ADOPTED FEBRUARY 11, 1988), FOR E SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLO DA STATUTES, BY AMENDING ITS PROJECT DESC PTION AND DEFINITION REGARDING CATEG IES OF TOTAL ALLOWABLE DEVELOPMENT AND BY C ING THE PROJECT PHASING SCHEDULE OF INCREMEN' I FOR 1988 THROUGH 1997 AND INCREMENT I FOR 1992 THROUGH 1999; FINDING AND CONFI' NG THAT THESE CHANGES DO NOT CONSTITUTE S STANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, ORIDA STATUTES, INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; DIRECTING THE T SMITTAL OF COPIES OF THIS RESOLUTION TO FECTED AGENCIES AND THE DEVELOPERS AND ESIGNATED HEREIN; AND PROVIDING FOR AN EF CTIVE DATE. n v ;jS.. WHEREAS, pursuant to Res ution No. 88-110, adopted February 11, 1988, the City Commissi issued a Development Order and Major Use Special Permit for the S theast Overtown/Park West Development of Regional Impact, pursuant o Chapter 380, Florida Statutes, and Major Use pursuant to Zonin Ordinance No. 9500; and WHEREAS, pursuant to Resolution No. \en opted February 11, 1988, the City Commission issued a DOrder for Increment I of the Southeast Overtown/Park pment of Regional Impact, pursuantto Chapter 380, Futes, and Major Use pursuant to Zoning Ordinance No. 95 CITY COMMSSION MEETING OF SEP 2 4 1992 Resolution No. 92- 608 92-657 9 2 / 9 2 RESOLUTION NO. 9 2 608 A RESOLUTION AMENDING A PREVIOUSLY APPROVED INCREMENT I DEVELOPMENT ORDER (RESOLUTION O. 88-111; ADOPTED FEBRUARY 11, 1988), FOR E SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLO DA STATUTES, BY AMENDING ITS PROJECT DESC PTION AND DEFINITION REGARDING CATEG IES OF TOTAL ALLOWABLE DEVELOPMENT AND BY C ING THE PROJECT PHASING SCHEDULE OF INCREMEN I FOR 1988 THROUGH 1997 AND INCREMENT I FOR 1992 THROUGH 1999; FINDING AND CONFI NG THAT THESE CHANGES DO NOT CONSTITUTE S 5TANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, ORIDA STATUTES, INCORPORATING SAID FINDING IN CONCLUSIONS OF LAW; DIRECTING THE T SMITTAL OF COPIES OF THIS RESOLUTION TO FECTED AGENCIES AND THE DEVELOPERS AND ESIGNATED HEREIN; AND PROVIDING FOR AN EF CTIVE DATE. WHEREAS, pursuant to Res ution No. 88-110, adopted February 11, 1988, the City Commissi issued a Development Order and Major Use Special Permit for the S theast Overtown/Park West Development of Regional Impact, pursuant o Chapter 380, Florida Statutes, and Major Use pursuant to Zonin Ordinance No. 9500; and WHEREAS, pursuant to Resolution No. \en opted February 11, 1988, the City Commission issued a DOrder for Increment I of the Southeast Overtown/Park pment of Regional Impact, pursuant to Chapter 380, Futes, and Major Use pursuant to Zoning Ordinance No. 95 irteur� � ►i- z.44 -9Z CITY COMMISSION MEETING OF SEP 2 4 1992 Resolution No. 92- 608 4 WHEREAS? on August 7, 1992, the applicant filed a "Not ication of a Proposed Change to a Previously Approved Develop ent of Regional Impact (DRI) Subsection 380.06(19), Florida atutes" with the Florida Department of Community Affairs, th South Florida Regional Planning Council and the City of Miami; and WHEREAS, on August 7, 1992, the applicant applied for an amendment to the peviously-issued Development Order, Major Use Special Permit; and WHEREAS, the definition of total allowable development in the original Master Dev opment Order and the Increment I Development Order provide that "(t)he City may permit simultaneous increases and creases between the land use categories, provided that the re 'onal impacts of the land uses as changed will not exceed the adv se regional impacts of the Project as originally approved, as me sured by total peak hour vehicle trips;" and WHEREAS, the proposed amendment to th Project substituting certain categories of development for p eviously approved categories, the proposed total of which does exceed total trips generated by the original configuration, is\6(19); med to constitute a substantial deviation under Section 3and WHEREAS, the proposed amendment to the Projng to schedule Increment I from 1988 through 1997 and InI from r 54. 1992 through 1999 is not presumed to constitute a substaNial deviation under Section 380.06(19); and ._ -2- 92- 608 WHEREASt pursuant to Resolution PAB 26-92t adopted Septe er 9, 1992, Item No. 3, by a vote of nine to zero (9-0) the P1 ning Advisory Board RECOMMENDED APPROVAL of the applicatio for amendment; and WHEREAS, on September 24, 1992, the City Commission held an advertised pub 'c hearing to consider this application for amendment and wh ther it constituted a substantial deviation under Chapter 380, F orida Statutes; and WHEREAS, the City ommission considers this Resolution to be in the best interest of t e citizens Of the City of Miami; NOW, THEREFORE, BE IT SOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: T: Section 1. The recitals a findings contained in the Preamble to this Resolution pertain' g to substantial deviation and Conclusions of Law are hereby proved, confirmed, and adopted by reference hereto and incorpor ed herein as if fully set forth in this section. Section 2. Exhibit "A" of Resolution 88-111, the Development Order for Increment I of the Southeast vertown/Park West Development of Regional Impact is hereby amen ed in the following respects: V Words and/or figures stricken through shall be dele d,. e Underscored words and/or figures shall be added. e remaining provisions are now in effect and remain unchangege nt- Asterisks indicate omitted and unchanged material. -3- 92- 608 R. bV4, 1 0 "EXHIBIT "A" INCREMENT I DEVELOPMENT ORDER ROJECT DESCRIPTION: The project consists of d elopment in the Southeast Overtown/Park West Comm ity Redevelopment Area through the Year 2007, includ g the following land uses and increments: f91`oss--square —feet) -(dwell ing—unitr) (gross square feet) Land Uses Increment I Increment II crement III Totals 1988-1994 1994-1999 9-2007 Office 166,000 337,000 500,5k 1,003,500 (gross square feet) Retail Service 95,400 71,700 90,600 257 100 General Commercial gross square feet) =. Hotel 0 500 600 100 rooms Residential 2,000 2,000 5,000 9,000 (dwellingunits) Attractions 8,000 8,000 0 16,000 seats U. �t :;. • -4- 92-' .:..... ,1: %IIFINITIONS: For the purposes of this Development er, the following terms shall be defined as follows: wable Develo t: The quantity of Net New tt for which Certificates of Occupancy may be later the terms and conditions of this Development 0 er, together with the applicable Master Development Or r, as may be modified pursuant to Florida Statutes, 0.06(19) (1991). and which shall be measured by the foll ing land uses: Office 66,000 gross square feet Retail/Service 9 400 66,299 gross square feet Residential 210 dwelling units Attractions 8,000 seats The City may permit simultan us increases and decreases in the above described la use categories, provided that the regional impacts of a land uses as changed will not exceed the adverse regio 1 impacts of t: the land uses. in Increment II of the roject as originally approved, as measured by total p ak hour vehicle trips. Section 3. The Southeast Overtown/Park West Develop nt of s Regional Impact, as proposed to be amended by the City of ami Department of Development and Housing Conservation, complies wi T -5" 92- 608 a Miami Comprehensive Neighborhood Plan, is consistent with the or rly development and goals of the City of Miami, and complies with ocal land development regulations. Se tion 4. The proposed amendment to the development order does not unreasonably interfere with the achievement of the objectives the adopted State Land Development Plan applicable to the City o Miami. Section 5. 'The proposed amendment to the development order is generally cons i tent with the Report and Recommendations of the South Florida egional Planning Council and does not unreasonably interfer with any of the considerations and objectives set forth in C apter 380, Florida Statutes. Section 6. Changes i the project which do not exceed development parameters set forth in the Application for Development Approval and Rep t and Recommendation of the Regional Planning Council shall of constitute a substantial deviation; under Chapter 380, Flori a Statutes, notwithstanding City zoning approvals which may be req 'red. Section 7. The phasing schedule cha ges and textual changes to the original Southeast Overtown/Park West Development of Regional Impact development order set fo th* herein do not constitute a substantial deviation. Section 8. This amendment does not constitut 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 R riguez, Assistant City Manager, authorized agents for the Department of -6- 92- 608 I velopment and Housing Conservation, 300 Biscayne Boulevard Way, Su i a 400, Miami, Florida 33131; Carolyn Dekle, Executive Direc r, South Florida Regional Planning Council, 3440 Hollywood Bouleva , Suite 140, Hollywood, Florida 33021, and Linda Shelley, S cretary, Florida Department of Community Affairs, 2740 Centerview D ve, Tallahassee, Florida 32399. Section 1 The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Coun `l, and applicant; provided, however,. that if the development order 's appealed, the development order will take effect on the day aft all appeals have been withdrawn or resolved pursuant to Section 0.07(2), Florida Statutes. PASSED AND ADOPTED this 24 day of Septemee'r -,--,, , 1992. ATT MAT Y HIRAI City Clerk PREPARED AND APPROVED BY: tIMM KEL E S Assistant City Attorney -7- L. PUAREZ, APPROVED AS Tq FORM AND CORRECTNESS: City Att , II