HomeMy WebLinkAboutR-86-1033J-86-1024
11/25/86
RESOLUTION NO. SG-1033
A RESOLUTION CLARIFYING INTERPRETATION OF
"FIGURE 7 MIAMI CENTER I/ONE DUPONT PLAZA
TIMELINE," AS REFERENCED IN CONDITIONS 24 AND
28 OF THE DEVELOPMENT ORDER APPROVED BY
RESOLUTION NO. 86-828, TO CONFIRM THAT THE
TERMINATION DATE SET FORTH IN SECTION 6 OF
SAID RESOLUTION SHALL BE SUBJECT TO THE
SUBSTANTIAL DEVIATION PROVISIONS OF SECTION
380.06(19), FLORIDA STATUTES (1985 & SUPP.
1986).
WHEREAS, the City of Miami has been requested to clarify
that the exhibit entitled "Figure 7 Miami Center I/One Dupont
Plaza Timeline," as referenced in Conditions 24 and 28 of the
Development Order approved by Resolution No. 86-828, is not
intended to affect and does not affect the application of the
substantial deviation provisions of Section 380.06(19), Florida
Statutes (1985 & Supp. 1986), with respect to the termination
"gate set forth in Section 6 of said Resolution; and
WHEREAS, the Planning Director has recommended that such
clarification be made by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE. COMMISSION OF THE CITY
OF MIAMI, FLORIDA THAT:
Section 1. The exhibit entitled "Figure 7 Miami Center
I/One Dupont Plaza Timeline," as referenced in Conditions 24 and
28 of the Development Order approved by City Commission
Resolution No. 86-828, does not in any way alter or affect the
application of the substantial deviation provisions of Section
380.06(19) Florida Statutes (1985 & Supp. 1986), with respect to
the termination date set forth in Section 6 of said Resolution
No. 86-828.
CITY COMMISSIO"
MEETING OF
DEC8o 11 t9
H.Sn:I/i10N No..86-1033
a
LA
PASSED AND ADOPTED this 11th.
ATTEST•
M Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
EL E. MAXWEPT,
A SISTANT CI ATTORNEY
APPROVE AS T'O FORM AND CORRECTNESS:
LUCIA A. DOUGH
CITY ATTORNEY
JEM/db/M280
day of December 1986.
�XAWTIER L.J,99,Mfr
_
MAYO
86-1033
_ 2_
1
CITY OF NIIAn9,. VLORIU
INTER -OFFICE MF_MORANOUM
Matty Hirai, City Clerk
Attn: Sylvia Lowm , Deputy City Clerk
oel E . Maxwell
Assistant City Attorney
December 2, 1986 FILE
Resolution - Dupont Plaza
Development Order
Enclosed please find the Original Resolution
for the Dupont
Plaza Development Order clarifying interpretation
of "Figure 7
t,
Miami Center I/One Dupont Plaza Timeline," Please
incorporate it
into the package for the Miami Center One/Dupont
Plaza Project.
It has been advertised and it is for the City Commission Agenda
of December 11, 1986.
Should you have any questions, please feel free to contact
this Office.
JEM/db/P023
7'R
Attachment
cc: Joseph McMannus, Assistant Director - Planning
Department
Lucia A. Dougherty, City Attorney
C$"k
t
k'r
YX
86 -1033
A
2
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
November 14, 1986
PETITION 1. Consideration of recommending approval 1-n
principle of the DuPont Plaza Area Redevelopment
Plan for the area generally bounded on the east
by Biscayne Bay; on the north by Flagler Street
(extended), Biscayne Boulevard, S.E. 3rd Street,
Al S.E. 3rd Avenue and S.E. 2nd Street; on the west
by S.E. 1st Avenue, and the westerly property
line of the City of Miami/James L. Knight
Convention Center, and on the south by the Miami
River; which Redevelopment Plan proposes
acquisition and clearance, rehabilitation and
relocation, right-of-way and other
infrastructure improvements, capital improvement
and public facility projects and further
proposes the establishment of a Tax Increment
District that may be used to finance acquisition
of right-of-way and other public facilities and
infrastructure improvements necessary to permit
redevelopment of the area; and which Plan is in
conformity with the Miami Comprehensive
Neighborhood Plan.
REQUEST To approve, in principle, the DuPont Plaza Area
Redevelopment Plan.
BACKGROUND This redevelopment plan was prepared to enable
regional and local transportation improvements
to occur that will significantly increase
Downtown's infrastructure capacity to support
growth and in particular to stimulate
redevelopment of the vacant and underutilized
land at this important gateway to Downtown known
as DuPont Plaza.
The blight (as defined by Chapter 163.340 (a) (b )
Florida Statutes) that this plan will eliminate
includes: 1) faulty or inadequate street
layout; 2) inadequate parking facilities; 3)
roadways, bridges, and public transportation
facilities incapable of handling the volume of
traffic flow into or through the area, and, 4 )
faulty lot layout in relation to size, adequacy,
accessibility, or usefulness.
Over the last ten years, Downtown Miami has
experienced unprecedented growth and
development. However, one very important
PAB 12/3/86
Item #1
Page 1
86-1Q 13 3
1
A
10,
segment of Downtown, the DuPont Plaza area, has
remained mostly undeveloped. Parking lots and
vacant land comprise a substantial portion of
the area. Based on a number of transportation
and land use studies that have been conducted,
the key to realizing development in the DuPont
Plaza area is a transportation network combining
regional access, public transportation, local
street improvements and parking. The goal of
this pl an is to accompI ish these improvements
and concurrently to work with the property
owners toward the realization of urban
development that will include economic
generators like an exhibition hall and
department stores that will have beneficial
effects throughout Downtown Miami.
ANALYSIS The DuPont Plaza Area Redevelopment plan as
proposed will require no changes or variances
from the existing zoning. The proposed land
uses are consistent with both the City and
County Comprehensive Development Plans as well
as the Draft Downtown Miami Policy Plan prepared
in June 1986. Tax increment financing, parking
revenue bonds, state and federal highway
improvement and land acquisition funds, and
developer agreements are the tools that will be
used to implement the plan.
As proposed, the DuPont Plaza Area Plan will:
1) improve regional transportation access to
Downtown Miami; 2) improve the local street
network in the area; 3). prevent and/or eliminate
visual barriers along the Miami River; 4)
provide amenity areas and a continuation of the
Miami Riverwalk; 5) acquire property to permit
the construction of a higher, wider Brickell
Avenue Bridge; 6) enable the development of
intercept parking and an additional Metromover
Station; 7) facilitate joint publ is/private
development in the area to stimulate economic
development and maximize existing public
investment in Downtown; and 8) complete the
redevelopment of Bayf ront Park.
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of December 3, 1986, the Planning
adopted Resolution PAB 54-86, by a 9 to 0 vote,
recommending approval of the above.
PAB 12/3/86
Item #1
Page 2
86-10 33
Z
0
,ld8 ' 3NAVOSI8
i
u-*M
u-*M
n
I
x'
In
'
u
CJ
C
L
Jj
.o
0
a
x
C
G
u
-
[Z
uj
J
Y
m
L1 _
,f %--ft
cc
j
which
Hie origillal frlcm
this mi�rl�film
taken wis r,W
11 (2 tit sl phot ogrAph we
(III I d t'hL n ill -
.1
C7
0.
9
0
PZW1
PLANNING FACT SHEET
APPLICANT Miami Center Joint Venture:
PETITION Consideration of a resolution clarifying -
interpretation of "Figure 7 Miami Center I/One
Dupont Plaza Timeline" as referenced in
Conditions 24 and 28 of the Development Order
appp roved by Resolution 86-828 to confirm that
the termination date set forth in Section 6 of
said resolution shall be subject to the
substantial deviation provisions of Section
380.06(19) Florida Statutes (1985).
REQUEST To clarify the C ity's intentions pertaining to
the interpretation of the Development Order for
One Dupont Plaza project.
BACKGROUND Following the issuance of the One Dupont Plaza
Development Order, both the South Florida
Regional Planning Council and the Florida
Department of Community Affairs questioned if
certain language in Condition 28 was intended to
skirt the State legislation pertaining to
determination of substantial deviation. Per the
attached letter and legal opinion dated
November 25th, the Law Department argued to the
contrary that the Development Order, as issued,
was entirely legal and within the Florida
Statutes. On December 1, 1986, the South
Florida Regional Planning Council voted not to
appeal the Development Order.
RECOMMENDATIONS
PLANNING DEPT. To assure regional and state agencies of the
City's good intentions, the Planning Department
recommends that the Commission adopt the
attached resolution clarifying its position that
no provisions of Resolution 86-828 were intended
to be construed as implying that any extension
of the termination date would be considered
without a public hearing and determination as to
sustantiai deviation under Chapter 380.06(19)
F.S.
8671033
W
Ll
0
59
LUCIA 1 DOUCHERTY
coy smor'+ev
A
HAND -DELIVERED
November 25, 1986
Mr. Jack Osterholt, Director
South Florida Regional Planning Council
Suite 140
3440 Hollywood Boulevard
Hollywood, Florida 33021
Re: Interpretation and Enforcement of
Resolution No. 86-828 (Amended Development
Order - Miami Center/One Dupont Plaza)
Dear Mr. Osterholt:
This letter is to set forth the legal opinion of the City
Attorney's Office concerning issues of interpretation and
enforcement raised with respect to City of Miami Resolution No.
86-828, an amended Development Order issued pursuant to Chapter
380, Florida Statutes:
1. Pursuant to Condition 23 of the Development Order, the
Planning Director is expressly designated "to monitor compliance
with all conditions of the Development Order" which includes
"Review of Development Order conditions prior to a recommendation
that a building permit or Certificate of Occupancy be issued by
the City pursuant to Condition 28 herein." (Emphasis added).
Under the Florida Supreme Court decision of Ska s-Albertson's V.
A.B.C. Liquors, Inc., 363 So.2d 1082 (Fla. 19 8), such monitoring
an enforcement authority includes the power to make
interpretations of the specific land use regulation at issue.
Accordingly, it is our opinion that the Planning Director has
been properly given authority to interpret all conditions of the
Development Order and specifically to interpret and apply those
provisions of Condition 28 which are expressly referenced in
Condition 23 as being under the Director's authority.
2. Under Florida law, no local land use regulation may
conflict with controlling provisions of a state statute.
Cam bell v. Monroe County,, 426 So.2d 1158 (Fla. 3d DCA 1983).
furthermore, where a local regulation is subject to
interpretation, it is to be construed in such a manner as will be
conducive to its legality. Food Fair Stores, Inc. V. Pom ano
Beach, 143 So.2d 58 (Fla. 2d DCA 9 ); Lamar Advertising vs.
86 ' 1033
tc + i (jF 'HI r;•+—1.,R'4 � 'y9 E F rM r •rr' '•+ a r ° :� .. —• *-Y
0
Mr. Jack Osterholt, Director November 250 1986
South Florida Regional Planning Council Page 2
Datong Beach, 450 So.2d 1145 (Fla. 5th DCA 1984). Accordingly,
tFe provisions of Condition 28 of the Development Order are
ultimately subject to the applicable substantial deviation
presumptions contained in Florida Statutes Section 380.06(19)
(1985 & Supp. 1986), and must be interpreted in such a way as to
ensure compliance with Chapter 380 provisions.
3. The "termination date" of the Development Order as
required by Florida Statutes Section 380.06(15) (1985 & Supp.
1986), is set forth in Section 6 of Resolution No. 86-828 as
January 1, 2000. Extensions of project completion beyond this
date are governed by Florida Statutes Section 380.06(19)(c) (1985
& Supp. 1986).
4. The "Timeline" shown as Figure 7 is provided, pursuant
to Condition 24, solely to "be used by the Planning Director in
monitoring specific conditions of the Development Order as they
relate to city permitting for specific components or phases" and
does not affect the above -required termination date or any
extension thereof under Chapter 380, Florida Statutes (1985 &
Supp. 1986). In fact, the note on this "Timeline" expressly
provides that "The Text Of Development Order Governs
rather than the illustration time frames shown on Figure 7.
5. The various alternative development programs set forth
in Condition 28 were all within the overall ADA analysis and
approval by the SFRPC with respect to regional impacts, so that
none of these development programs by definition could be
"changes" or result in either "additional regional impact" or
"any type of regional impact . . . not previously reviewed by the
regional planning agency" as provided in Florida Statutes Section
380.06(19)(a)(1985 & Supp. 1986). Accordingly, these provisions
of Condition 28 do nothing more than restate what Chapter 380,
Florida Statutes, already provides with respect to substantial
deviations.
We trust this summary of our Office's legal opinion will
clarify the City's position and satisfy those who have raised
concerns with respect to the Development Order.
• You should also be aware that the Planning Department of the
City of Miami, with the concurrence of this Office, has decided
to ask the City Commission to issue a Resolution clarifying their
position that no provisions of Resolution No. 86-828 were
intended or should be construed as implying that any extension of
the termination date be permitted without a determination as to
86M 1033
0
0
0
Mr. Jack Osterholt, Director November 25, 1986
South Florida Regional Planning Council Page 3
substantial deviation under Chapter 380.06. A copy of said
proposed resolution is attached hereto.
4aRespe f lysubmitted,
A. Dougher y
City Attorney
LAD/JEM/db
Attachments
cc: Sam Goren, Esq.
Sergio Rodriguez, Director, Planning Department
Anthony O'Donnell, Esq.
8671033
J-86-537
RESOLUTION NO. 86-828
A RESOLUTION AMENDING A DEVELOPMENT ORDER
(RESOLUTION 79-396; MAY 24, 1979, AS
AMENDED) FOR THE MIAMI CENTER I PROJECT, A
DEVELOPMENT OF REGIONAL IMPACT, PROPOSED BY
MIAMI CENTER JOINT VENTURE, AND LOCATED AT
APPROXIMATELY 100 CHOPIN PLAZA AND
APPROXIMATELY 201-399 S. BISCAYNE BOULEVARD
BEING TRACT D. DUPONT PLAZA (50-11);
INCORPORATING THE APPLICATION FOR
DEVELOPMENT -APPROVAL AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL; MAKING FINDINGS,
APPROVING SAID PROJECT SUBJECT TO THE
MODIFICATIONS TO THE DEVELOPMENT ORDER
PERTAINING TO THE ENTIRE SITE; FURTHER,
ADDING CONDITIONS PERTAINING ONLY TO THE
SOUTHERN 3.01 ACRES OF THE SUBJECT SITE
• KNOWN AS "ONE DUPONT PLAZA" (FORMERLY KNOWN
AS "BISCAYNE PLAZA") PHASES 1 AND 2 AND
APPROVING WITH CONDITIONS THE SOUTHERN
PORTION OF THE SUBJECT PROJECT KNOWN AS ONE
DUPONT PLAZA PHASES 1 AND 2; FURTHER,
DIRECTING THE CITY CLERK TO RECORD AND SEND
COPIES OF THE HEREIN RESOLUTION AND
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND
THE DEVELOPER.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 16,
1979, Item #F1, following an advertised hearing, adopted Resolution No. PAB-23-
79 by a 7 to 0 vote (1 member absent), recommending approval of the
Development Order for the Ball Point Project, (AKA Miami Center I project), a
Development of Regional Impact; and
WHEREAS, Holywell Corporation proposed the undertaking of the Ball Point
Project (AKA Miami Center I project) a Development of Regional Impact, as
defined by Chapter 22F-2, Rules of the State of Florida Department of
Administration, located within the City of Miami, on a tract of land
containing approximately 8.46 acres located on the North bank at the mouth of
the Miami River, comprised of 928,200 square feet of gross office space; 630
hotel units in a structure containing 550,000 square feet of gross hotel
space; 500 dwelling units in two towers containing 865,700 square feet of
gross residential space; 75,000 square feet of gross space for retail use; and
2,565 parking spaces; and
. WHEREAS, Holywell Corporation submitted a complete Application for
Development Approval for a Development of Regional Impact to the South Florida
CITY COMDRLSSION
MEETING OF
OCT Z 06 81 rI
@FMA1rS:
Regional Planning Council pursuant to Chapter 380.06 Florida Statutes, and did
reesiva a favnralhls rornmmendation for a nrhn^ee0 Awtalmneront order on May 7,
1979 as set forth in the Report and Recommendations of the South Florida
Regional Planning Council; and
WHEREAS, the Application for Development Approval, as reviewed by the
South Florida Regional Planning Council, referred to an office building with
928,200 square feet of gross office space; a hotel structure with 550,000
gross square feet, two condominium towers with 865,700 gross square feet and a
parking structure with 2,560 parking spaces; and
WHEREAS, Holywell Corporation complied with all the requirements set forth_
in Ordinance No. 8290 by appearing before the City of Miami Planning Advisory
Board; and
WHEREAS, the City Commission considered the Report and Recommendations of
the South Florida Regional Planning Council dated May 7, 1979 and each element
required to be considered by Chapter 380.06 Florida Statutes; and
WHEREAS, the Ball Point Project, as originally proposed by the Holywell
Corporation in 1979, complied with the Miami Comprehensive Neighborhood Plan,
was consistent with the orderly development and goals of the City of Miami,
and complied with local and development regulations, being then the
Comprehensive Zoning Ordinance No. 6871; and
WHEREAS, the Ball Point Project did not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development Plan
applicable to the City of Miami; and
WHEREAS, the Ball Point Project was consistent with the Report and
Recommendations of the South Florida Regional Planning Council and did not
unreasonably interfere with any of the considerations and objectives set forth
in Chapter 380, Florida Statutes; and
WHEREAS, the Miami Zoning Board, on May 21, 1979, granted a variance from
the 300 foot height limit and granted Conditional Use approval for parking
uses as allowed in Ordinance No. 6871, the then -Comprehensive Zoning Ordinance
for the City of Miami; and
WHEREAS, the City Commission determined that all requirements of
publication and other legal requirements for the issuance of the proposed
Development Order had been compiled with; and
WHEREAS. the City Commission deemed it advisable and in the best interest
of the general welfare of the City of Miami to issue a Development Order for
• 2-
86--1033
0
.ea-exs�
the Ball Point project (AKA Miami Center I project) a Development of Regional
• Impact; and
WHEREAS, the Miami City Commission, by Resolution 79-396; May 24, 1979,
issued a Development Order, attached hereto as Exhibit "A", approving with
modifications, the Ball Point Project (AKA Miami Center I project) a
Development of Regional Impact, as proposed by Holywell Corporation for Tract
0, DUPONT PLAZA (50-11), which project was limited to 928,200 square feet of
gross office space; 630 hotel units in a structure containing 550,000 square
feet of gross hotel space; 500 dwelling units in two towers containing 865,700
square feet of residential space; 75,000 square feet of gross retail use and -
2,565 parking spaces; and
WHEREAS, the Miami City Commission by Resolution 80-707; September 25,
1980, amended the Development Order (Resolution 79-396; May 24, 1979) by
amending paragraph 7 of Exhibit "A" to provide that the Holywell Corporation
reach agreement on interim traffic improvements prior to the issuance of a
Certificate of Occupancy rather than prior to issuance of a building permit
and, further finding that this amendment did not constitute a substantial
deviation from the terms of the Development Order (Resolution 79-396; May 24,
1979); and
WHEREAS, the development on the north area of the site described in
Exhibit "E", ("Miami Center Existing") has been largely completed; and a
Certificate of Occupancy has been issued, subject to a restrictive covenant
addressing remaining conditions in the Development Order; and
WHEREAS, the Miami Center Joint Venture ("Applicant"), successors in
interest to the Holywell Corporation, had proposed amending the Development
Order to change the development allowed on the southern 3.01 acres of the site
(more particularly described on Exhibit "F" attached hereto and now known as
"One Dupont Plaza"); claiming that such amendment did not constitute a
substantive deviation; and
WHEREAS, the Miami Planning Advisory Board, on February 6, 1985, by a 6 to
0 vote recommended that the amendments constituted substantial deviations to
be referred to the South Florida Regional Planning Council; and
WHEREAS, Mr. Frank Callahan, Chairman, South Florida Regional Planning
Council, in a letter to then Miami Mayor Maurice F erre, dated February 21,
1985, stated that the proposed amendments constituted a substantial deviation
q►
i
according to Chapter 380.06(17) F.S.; that the Council would appeal any
- 3-
8E;-1Q.3 ; 8 6 •
$ ;� $
decision of the City to the contrary, and urged the applicant to submit an
amended Aool{cation for Develooment aoornval to tho council and City; and
WHEREAS, on March 28, 1985, in pubic hearing before the Miami City
Commission, the applicant withdrew the item; and
WHEREAS, pursuant to Chapter 380.06 (17)(a) F.S. (1983) the amendments
proposed by the applicant constituted a substantial deviation from terms of
the previously issued Development Order; and
WHEREAS, Applicant has submitted an amended Application for Development
Approval for a Development of Regional Impact for the entire 8.46 acre site of
the Miami Center I project on July 11, 1985, more particularly described in _
Exhibit "0" attached hereto, to the South Florida Regional Planning Council
pursuant to Chapter 380.06 F.S. Said application requests changes on only the
One Dupont Plaza project site by deleting the previously approved two towers
comprising 500 dwelling units of 865,700 square feet of gross residential
building area and 1,220 parking spaces and substituting the following
therefor: two mixed use towers comprising 150 dwelling units of 300,000 gross
square feet and 220,000 gross square feet of commercial use; 1,480,000 gross
square feet of office use and retaining 1200 parking spaces, altogether
comprising 2,600,000 gross square feet; and
WHEREAS, the South Florida Regional Planning Council, on February 3,
1986, recommended approval, with conditions, of the proposed revised project
"One Dupont Plaza", as set forth in the Report and Recommendations of the
South Florida Regional Planning Council, dated February 4, 1986; attached as
Exhibit "C" and made a part hereof; and
WHEREAS, Applicant has complied with all the requirements set forth in
Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami
pertaining to the southern 3.01 acres of the site; and
WHEREAS, the City Commission has considered the Report and Recommendations
of the South Florida Regional Planning Council dated February 4, 1986 and each
element required to be considered by Chapter 380.06 F.S.; and
WHEREAS, the One Dupont Plaza project complies with the City of Miami
Comprehensive Neighborhood Plan, is consistent with the orderly development of
the City of Miami, and complies, as to the northerly 5.45 acres of the site
a known as "Miami Center Existing' (Exhibit "E"), with local and land
development regulations and complies, as to the southerly 3.01 acres of the
site known as "One Dupont Plaza" (Exhibit "F"), Phases i and 2, with local
land development regulations; and .4-
86-1033 1�86- 8
A/.• �M •A1�!\A !F / t.�. t�..... �� �.
.�.�� � �
.. .. � V�i7�
Ate..
achievement of
the w0jectives
of the
adopted State Land Development Plan
applicable to the City of Miami; and
WHEREAS, the One Dupont Plaza is consistent with the Report and
0��-.�e�A�+i�w• r.s &ha co%uth Florida RP,74R..0 ��.__ ..:� �.�........ A
1986) and does not unreasonably interfere with any of the considerations and
objectives set forth in Chapter 380 F.S.; and
WHEREAS, the Miami Zoning Board, at its meeting of June 2, 1986, Item 3
following an advertised hearing, adopted Resolution ZB 58-86 by a 9 to 0
vote, granting a variance, with conditions, from Section 2023, Zoning
Ordinance 9500, to provide 3 of 10 required off-street loading stalls 12' x
35' x 15' and 4 of 8 required off street loading stalls 12' x SS' x 15'; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of June 18, _
1986, Item 1, following an advertised hearing, adopted Resolution PAB 20-86 by
a 9 to 0 vote, recommending approval, with modifications, of the amended
aDevelopment Order for the Miami Center I project; and
WHEREAS, the City Commission, at its meeting of June 26, 1986, Item PZ-13
passed Motion 86-520 which continued the item to 3:30 pm, September 25, 1986,
subject to the applicant's acceptance of ten minimum requirements as outlined
by the Planning Department; failing which the applicant would not be required
to appear; and
WHEREAS, the City Commission has determined that all requirements of
publication and other legal requirements for the issuance of the Development
Order have been complied with; and
WHEREAS, the City Commission deems it advisable and in the best interests
of the general welfare of the City of Miami to approve an amended Development
Order for the Miami Center I project, a Development of Regional Impact as
hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Section 1. The following findings of fact and conclusion of law are made with
respect to the project:
a. The City Commission hereby determines that One Dupont Plaza is
in conformity with the adopted Miami Comprehensive Neighborhood
P1 an.
b. The City Commission hereby determines that One Dupont Plaza is
in accord with the zoning district classifications of Zoning
Ordinance 9500.
c. The City Commission hereby finds that One Dupont Plaza would not
have an adverse impact on soils, animal life, or vegetation and
-5. 86-1033 b 86 - 8 2
further finds that it would have a number of positive impacts
inrl udino:
• 1. Up to 2,500 permanent new jobs would be generated by the One
Dupont Plaza project, and, as a result, nearly 2,900
additional full-time jobs could be created in South
Florida, with a $108 million increase in total wages and
$184 million in value added to the regional economy.
2. A net positive fiscal impact of $8.1 million would be
created by the One Dupont Plaza project.
3. A reduction in the growth of regional energy consumption
would result from the energy efficient conservation measures
proposed by the Applicant.
• d. The City Commission hereby finds that One Dupont Plaza would
have a number of adverse impacts which result from the normal
course of development or can be potentially mitigated by the
applicant through the conditions in the Development Order, as
f of l ows :
1. Increase
annual energy
use within the
Region by the
equivalent
of nearly 6.7
million gallons of
fuel oil.
2. Increase the amount and number of hazardous wastes generated
on -site.
3. Place additional unfunded demands upon police, emergency
rescue, and fire services.
S. Generate 2,464 AM and 2,250 PM peak -hour vehicle trips
(Miami Center existing and One Dupont Plaza) on the regional
roadway network and, along with other development traffic,
reduce levels of service on segments of the regional roadway
network.
Section 2. A Development Order, amending Resolutions 79-396; May 24,
1979, as amended by Resolution 80-707; September 25, 1980; being the
Development Order for the Ball Point Project, AKA Miami Center I Project, a
Development of Regional Impact, proposed by Ethan Minsky, as agent for Miami
Center Joint Venture ("Applicant"), for Tract D, OU PONT PLAZA (50-11)
• P.R.O.C. is hereby approved with conditions, and granted and issued in two
parts: Exhibit "A" attached hereto and made a part of this Resolution,
pertaining to the entire 8.46 acres of Miami Center I (more particularly / y
-6-
Bf;-1��' S6 8 2 8
described in Exhibit "D" attached hereto and made a part hereof), and Exhibit
"A" at+sphaA horpto and made a part hereof, pertaining only to the southerly
3.01 acres of the site known as the "One Dupont Plaza" Projectl, Phases 1 and
2 and more particularly described in Exhibit 'F", which is attached hereto and
made a part hereof. Exhibit "B" shall be binding only upon Applicant, its
assigns and/or successors, and shall constitute a covenant running with the
land for the southern 3.01 acres that are part of the One Dupont Plaza project
in accordance with Section 9 of this Resolution. Nothing set forth in Exhibit
"B" shall be binding in any way upon the owners of Miami Center Existing, its
successors and/or assigns, nor shall anything in Exhibit "B" increase,
decrease or otherwise affect the obligations of Miami Center Existing under
Exhibit "A". To the extent that there are any obligations, rights, duties,
• privileges or liabilities set forth in Exhibit "A" which are in conflict with,
or which are substantially similar to, obligations, rights, duties, privileges
or 1 iabil ities set forth in Exhibit "B", then, as to the southern 3.01 acres,
Exhibit "B" shall control and supersede Exhibit "A"; provided, however, that
nothing in Exhibit "B" shall be construed to in any way controt or supersede
the provisions of Exhibit "A" as the latter apply to the northern 5.45 acres.
Section 3. The Report and Recommendations of the South Florida Regional
Planning Council dated February 4, 1986, is attached hereto as Exhibit "C" and
made a part of this Development Order, provided however, that nothing set
forth in said Exhibit "C", shall be binding in any way upon "Miami Center
Existing" (the northern, developed portion of the Miami Center I project
consisting of the Hotel Intercontinental [F/K/A Pavillon Hotel], the Edward
Ball office building and garage and associated uses described in Exhibit
"E"), its successors and/or assigns. The Report and Recommendations of the
South Florida Regional Planning Council dated May 7, 1979, on file with the
City Clerk as Exhibit "B" to Resolution 79-396; May 24, 1979, remains in
effect only as not superseded by Section 2 herein or in conflict with the
aforementioned Exhibit "C" or Exhibit "B" attached hereto.
1 The name of the proposed project on the southerly 3.01 acres of the original
Miami Center 1 Project has been changed from "Biscayne Plaza" to "One
DuPont Plaza" because of a name conflict with an existing "Biscayne Plaza
Shopping Center and Office Complex.' Mr. Russell Wirth, proposed developer
of the southern 3.01 acres described in Exhibit F, attached hereto,
stipulated to the name change, on the record, during the Planning Advisory
• Board Meeting of June 18, 1986. Consequently, the proposed Exhibit B
amendments to the Development Order of 1979, as amended in 1980, are for a
project now known as "One Dupont Plaza', and will be identified as such
where possible. Any references to "Biscayne Plaza" are to be construed as 13
references to "One Dupont Plaza" and vice versa.
- 7- 0
86-1033 16 86.8 % 8
Section 4. The Consolidated Application for Development Approval (CADA)
as revised pursuant to Condition 20 Exhibit "B" is incorporated herein by
reference and is on file with the City Clerk and is relied upon by the parties
in discharging their statutory duties under Chapter 380.06 F.S. and local
ordinance provided, however that nothing set forth in the CADA shall be
binding in any way upon the owner of "Miami Center Existing" (the northern,
developed portion of the Miami Center I project consisting of the Hotel
Intercontinental (F/K/A Pavillon Hotel), the Edward Ball office building and
garage and associated uses), its successors and/or assigns. The Application
for Development Approval, filed in 1979, as revised pursuant to Condition 16
of Exhibit "A" of Resolution 79-396, May 24, 1979, remains in effect only as
not superseded by, or in conflict with, the aforementioned Consolidated
Application for Development Approval. Substantial compliance with the
representations contained in the Applications for Development Approval are a
• condition for approval unless waived or modified by agreement among the
Council, City and Applicant, its successors and/or assigns, jointly and
severally.
Section 5. Exhibit "A" and Exhibit "B" shall be binding upon the
Applicant Miami Center Joint Venture and its successors in interest as
provided herein. Exhibit "A" shall be binding upon the owner of Miami Center
Existing and its successors and assigns.
Section 6. The Development Order attached to this Resolution for
Development of the One Dupont Plaza project shall expire on December 31, 1996,
if prior to that date the applicant has not obtained a foundation building
permit for One Dupont Plaza, Phase 2, or upon certification by the Planning
Director to the City Commission that all conditions of the Oevelopment Order
have been met, whichever is earliest, provided further that in any event the
Development Order will terminate on January 1, 2000.
Section 7. The City Clerk is hereby authorized and directed to send
certified copies of the Resolutions immediately to: The Florida Department of
Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida
32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard,
Suite 140, Hollywood, Florida 33021; Ethan Minsky, Esq., Shea and Gould, 801
Brickell Avenue, Suite 1401, Miami, Florida 33131; and Jeffrey Bercow, Esq.,
• Steel Hector A Davis, 4000 Southeast Financial Center, Miami Florida 33131-
2398.
Section 8. The recitals of fact referred to in the "WHEREAS" clause are
true and correct and made a part hereof.
M
a,
8 86r103 386-828
Section 9. The City Clerk is hereby authorized and directed to record
Lni, uevw1Vq1"enc uroer, consisting oT to is KrsuouL wil enu r.Ari 1U i%a "A
"C", "D", "E", and '"F" and their attachments, with the Clerk, Dade County
Circuit Court, pursuant to Section 380.06(16)(f), Florida Statutes (1985),
specifying that this Development Order is a covenant running with the land
that consists of the southerly 3.01 acres that is the site for the Biscayne
Plaza project and more particularly described in Exhibit "F". This covenant
shall be binding on Miami Center Joint Venture, its successors and/or. assigns,
jointly or severally.
PASSED AND ADOPTED this 7th. day of October 1986.
ATTEST:
AiL�—
MATTY HIRAI, CITY CLERK
APPROVED AS TO FORM AND
REVIEWED AND APPROVED BY: CORRECTNES
P �-
A ISTANT CI ATTORNEY CITY ATTORNEY
"9" 86-1033 Q
i
•
m. For any condition that cannot reasonably be monitored as part of the
• r . r r
assuring compliance with such Development Order conditions shall be
included.
n. Any other information required by the Department of Community Affair
(OCA) in accordance with Section 380.06(14 and (16), Florida Statutes
(1985) .
THE CITY SHALL
23. Hereby designate the Planning Director to monitor compliance with all
conditions of this Development Order. Specific monitoring procedures
include:
. Review and evaluation of the annual report to be submitted by the •
Applicant by Condition 22 herein; and
. Review of Development Order conditions prior to a recommendation that a
building permit or Certificate of Occupancy be issued by the City
pursuant to Condition 28 herein.
24. Hereby incorporate the One DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 and
2 timeline (Figure 7), which timeline will be used by the Planning
Director in monitoring specific conditions of the Development Order as
they relate to city permitting for specific components or phases;
provided, however, that deviations from the timeline shall not be
construed to be substantial deviations from the terms of this Development
Order.
25a. Withhold building permits or Certificates of Occupancy, as the case may
be, until the requirements of Conditions 4, 5, 6 and 17a have been met.
25b. Withhold any building permits until the traffic analysis in Condition 17b
is approved by FOOT, in writing. The absence of FOOT approval will
trigger a question of substantial deviation from the terms of this
Development Order.
(Note: This requirement has been satisfied because of the letter from the
Florida Department of Transportation dated June 24, 1986.)
25c. Pursuant to Section 380.06(15)(e)2, Florida Statutes, withhold issuance of
• Certificates of Occupancy for One DuPont Plaza (F/K/A Biscayne Plaza)
until all interim road improvements identified in Attachment 5 are
constructed as required by Condition 17c.
Page 15 of 19
25d. Withhold any Certificate of Occupancy for One DuPont Plaza (F/K/A Biscayne
Plaza) Phase 1, if tunas have not peen supplied for Applicant's tair snare
of the modifications pursuant to Condition 17d if a) the proposed Downtown
Development Authority Alternative (Figure 5) with or without b) the
Applicant's proposed modifications (Figure 6), are accepted.
25e. Withhold any Certificate of Occupancy for One DuPont Plaza (F/K/A Biscayne
Plaza) Phase I and building permits for Phase 2 if Applicant's fair share
funds for local street improvements, required by Condition 17e - have not
been deposited; no Certificate of Occupancy will be issued for One DuPont
Plaza (F/K/A Biscayne Plaza) Phase 2, unless the above -deposited funds
have been applied to construction of the local street improvements
abutting the project and said improvements have been completed. The City
• shall apply the Applicant's fair share funds to streets abutting the
project but the City does not guarantee the completion of these
improvements.
25f. If a public sector financing package has not been committed prior to
December 31, 1991, withhold issuance of any building permits for One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 2 until the Applicant funds,
bonds, or provides a letter of credit in the amount of $517,000 to FOOT
or, in the alternative, loans said amount to FDOT, if acceptable to FDOT,
pursuant to Condition 17f. The City shall withhold issuance of any
(temporary, partial or permanent) certificate of occupancy i:,,r Phase I,
• until the Applicant provides the City a letter of credit in the amount of
($517,000 in 1985 dollars) to be applied to the construction of the above -
described improvements, which letter of credit shall be cancelled if said
public sector financing package has been committed for the improvement or
five years from the issuance of said letter of credit whichever is
earlier, provided however that the letter of credit shall be renewed for
an additional five years if required by the Miami City commission. The
City does not guarantee the completion of this improvement.
259. If a public sector financing package has not been committed by
December 31, 1991, withhold issuance of any building permits for the One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 2 until the Applicant funds
bonds, or provides a letter of credit in the amount of $5,027,000 to FDOT
or, in the alternative, loans said amount to FDOT, if acceptable FDOT,
Page 16 of 19 8�-103.1%;
pursuant to Condition 17g. The City shall withhold issuance of any
16601oq..21.y ho,.+;,t s- PoMtificate of occupancy for Phase T.
until the Applicant provides the City a letter of credit in the amount of
($5,027,000 in 1985 dollars) to be applied to the construction of the
above -described improvements, which letter of credit shall be cancelled if
said public sector financing package has been committed for the
improvement or five years from the issuance of said letter of credit
whichever is earlier, provided however that the letter of credit shall be
renewed for an additional five years if required by the Miami City
commission. The City does not guarantee the completion of this _
improvement.
M. Withhold issuance of any building permits for the One DuPont Plaza (F/K/A
• Biscayne Plaza) Phase 2 portion of the project until a) construction has
commenced on (i.e., upon execution of a contract for construction of) the
Downtown Distributor Bifurcated Ramp System and b) the FOOT scheduled
completion date for the Ramp System occurs prior to the scheduled
completion date of Phase 2, provided further that, in the event that if
full funding is neither in place nor if construction has not commenced on
the Downtown Distributor Bifurcated Ramp System at the time the Applicant
applies for a building permit for his Phase 2, then the Applicant may
apply to the Miami City Commission to authorize a Phase 2 building permit
by amending this Development Order.
• 26. Hereby, stipulate that this project shall be subject to an impact fee
ordinance applicable to the Omni/Downtown/Brickell area, if such ordinance
is adopted by the City within 5 years of the effective date of this
Development Order, to be paid at the time of issuance of any building
permit, provided, however, that funds, (but not loans) required by
conditions of this Development Order shall be off -setting credits against
separate categories of the impact fees, further provided that no refund
will be made if the funds, (but not loans) required by conditions of this
Development Order, cumulatively exceed the amount that would otherwise be
paid under the separate categories in the impact fee ordinance.
27. Hereby stipulate that for a 5-year period commencing with the effective
• date of this Development Order, no application for rezoning the southernly
3.01 acres of Tract 0, Block 1, DuPont Plaza (50-11) will be accepted
administratively which a) further restricts the uses allowed; b) reduces
the amount of development (square foot area) or intensity (Floor Area /
Page 17 of 19 8E,--10 -3.11
' 86-8219 (9
Ratio) or c) reduces the density (number of dwelling units or parking
avc..ea/ cu iri prnV;dcA, o,.
that upon a finding that substantial changes have occurred in the
conditions underlying the Development Order; or that the Development Order
is based on substantially inaccurate information provided by the Applicant
in the amended Application for Development Approval, or that a change is
clearly established to be essential to the public health, safety or
welfare, the City may downzone the property, further provided that'the
City may otherwise adopt zoning regulations which do not restrict uses, or
reduce density or intensity and other ordinances essential to the public
health, safety and welfare which may affect this property.
28. Hereby stipulate that the following actions considered by the South
• Florida Regional Planning Council in their Report and Recommendations
dated February 4, 1986, may be undertaken at the Applicant's option and
written notice to the Planning Director with an exception, and will not be
considered to be substantial deviations from the terms of this Development
Order:
• Substitution of up to 300,000 square feet of office or use for an
equivalent amount of residential use upon the approval of the Miami
City Commission, or
• Relocation or transfer of restaurants, health clubs cabarets and other
retail uses and floor areas described in the ADA among the podium or
• towers of Phases 1 and 2 provided all such commercial space
cumulatively does not exceed 220,000 square feet, or
• Addition to, or deletion of, up to five (5) percent of the gross floor
area of either Phases 1 or 2, provided that the cumulative totals of
additions and deletions conforms to the parameters in Condition I.
• Deletion of up to ten (10) percent of the gross floor area of each
Component of either phases 1 or 2, in Condition 1 for Phase 1 or 2; if
the total project is reduced by ten (10) percent such reduction shall
be proportionate among said Components.
• Substitution of the a) ODA modification (Figure 5) or b) the Applicants
modifications (Figure 6) to the NOT approved Downtown Distribution
. Bifurcated Ramp System (Figure 4), as and if approved by FDOT, subject
to applicable provisions of Conditions 11d and 179.
• Delays or advances in the timeline specified in Condition 24.
8E-10 3
Page 18 of 19
M
0
29. Stay the effectiveness of this Development Order - Exhibit "B" - if One
DuPont Plaza (F/K/A Biscayne Plaza) Phase 1 is not under construction
within three (3) years from the effective date of this Development Order.
"Construction" is defined as the issuance of a foundation building permit
and completion of construction allowed by the foundation permit;
"effective date" is defined as forty-five (45) days after issuance of this
Development Order by the Miami City Commission. In such an event no
development permits thereunder shall be granted, until such time as an
Amended ADA, providing updated information, is submitted to the Council,
City, and State and an Amended Development Order issued. Should the
Development Order be stamped pursuant to this Condition and an amended
Application for Development Approval as herein provided is not submitted
within one year after such stay is imposed, this Development Order
Exhibit "B" - shall expire and shall thereafter have no further force or
effect. Exhibit "A" of this Development Order continues to run with the
land.
SEA~10,`111 1. d
Page 19 of 19
wxs
01�PULW0 CITY Is"s
AYEN: TEAT OYRAMIi "An 1011 "OK 1
EP iCTht am Tmr OF COMf1000TlOi 0�11 1
1986 96Y 1989
O �+* O! I' Y A Y i J A 1 0 Y 0 i 1 Y A Y J i• f O Y 0
TIME WIE IN 00/111111
OM1
C MOOIOMOM,IIU. 21COMOIT1OMf 22.21.21
LOM01T10Mf 2.!
coMoFnal is o1s11TI1A1 1.+►.1�.T,s w! colpoff l s a> 2s�ssc,2lr.2fA.:s/.2s1
ilb.10
wMmTlols so.21
L
Q
GTT iss"93
CITT ISM11 CERTNN•TE OUMAM 0E111T
OF OCCUPANCY IF" I I I rN 21
COMPLETION of START OFCOMf11AR7fA1
uwsT0UC710N IF" 1 I IF" 21
1969 1990
1 1
C L7
COMOITIOMS 1.4. 1 COMTION T
7.IQ./1,1l,N.IS.17�,
231.220.23u. 20
Co1MMTWMf 174.170.22 CNMifloll A
1 �j FIGURE T MIAMI CENTER i! ONE DUPONT PLAZA TIMELINE
D Wa
Go
1
cav us11Es
CIATOICATE OF OCODAOCT IFw 21
OF COIIs70UCT10N Irm si
i1NANCwe
FAC11"
t99t
A Y J J A f O Y 0
i/ M
LOMOITIIOMf 2•
COM0I1I0M# 12.27.24
CoMO1T10M117e.234
CoMO1TOM_ 0.254 _ _...
GQI101TIOA.•
OEvnn wml omm CLOWN
OEUNKA b.l9won_SOON" _._.
OA AT THE LAuST BY J0111104" /, 2000
WM, Ig,.][1Q ff .711E WALDFWW COOEA
oc"a ow mo/ 7ws-vm. um VIE mw
COMSIOEAFO 10 of SIl51ANTIAL KMIOYA
i LAY or MMW /IAMIMMQ 0[FNRIYIYT
AEv. W xl"
a
u
DUPONT PLAZA AREA REDEVELOPMENT PLAN
NOVEMBER 1986
8671033
Prepared by:
112
DUPONT PLAZA AREA
REDEVELOPMENT PLAN
November 1986
City of Miami Planning Department
City of Miami Department of Development
Downtown Development Authority of the City of Miami
SG -1033
IV 0
DUPONT PLAZA AREA REDEVELOPMENT PLAN
*, EXECUTIVE SUMMARY
Over the last ten years, Downtown Miami has experienced unprecedented growth
and development. However, one very important segment of Downtown, the Dupont
Plaza area, has remained mostly undeveloped. Parking lots and vacant land
comprise a substantial portion of the area. Based on a number of
transportation and land use studies that have been conducted, the key to
realizing development in the Dupont Plaza area is a transportation network
combining regional access, public transportation, local street improvements,
and parking. These transportation improvements are not only vital to Dupont
Plaza area development, but also to the ability of the entire Downtown area to
support future growth.
j The goal of the Dupont Plaza Area Redevelopment Plan is to accomplish needed
} transportation improvements in the area and concurrently to work with the
s property owners toward the realization of urban development that will include
economic generators like an exhibition hall and department stores that will
have beneficial effects throughout Downtown Miami.
BLIGHT CONDITIONS
'
The blight (as defined by Chapter 163.340(a)(b) Florida Statutes) that this
plan will eliminate includes: 1) faulty or inadequate street layout; 2)
inadequate parking facilities; 3) roadways, bridges, and public transportation
facilities incapable of handling the volume of traffic flow into or through
p �.
the area; and, 4) faulty lot layout in relation to size, adequacy,
accessibility, or usefulness.
z
PROJECT AREA
The project area includes 93.6 acres located along the Miami River and
Biscayne Bay. Three blocks of Dupont Plaza, the south portion of Bayfront
Park, the Miami Center property, the City of Miami/James L. Knight Center
property, Centrust Tower, Howard Johnson Hotel, and the Dupont Plaza
Hotel/Office/Apartment complex are within the proposed boundaries.
z-,
PLAN RECOMMENDATION
�.
The Dupont Plaza Area Redevelopment Plan proposes a comprehensive and
coordinated approach to the revitalization of the area with the following
s
recommendations:
Oft
1�
i
86-�1033
0
TRANSPORTATION
1. Assemble necessary land to construct the I-95 bifurcated ramps to
connect with Biscayne Boulevard.
2. Reconstruct and/or reroute local streets to provide access to and
from existing and future development.
3. Provide parking to relieve the existing shortage as well as to
accomplish future development and to serve as intercept parking in
conjunction with the Metromover system.
4. Provide a Dupont Plaza Metromover Station.
5. Assemble sufficient land to meet needs of a new higher, wider
Brickell Avenue Bridge.
i
6. Street closures to permit property realignments to support
redevelopment.
_
ECONOMIC DEVELOPMENT
1. Provide funding, land, or other incentive for a joint
public/private development of an exhibition hall and convention
hotel.
2. Provide funding, land, or other incentive for the development of
retail facilities that include department store anchors.
Y
PUBLIC FACILITIES
�•
!
1. Provide funding for the completion of the south half of Bayfront
Park.
2. Provide land and funding for a riverwalk and publ is amenity area
along the Miami River.
3. Provide pedestrian connections between the City of Miami James L.
Knight Center and surrounding development.
IMPLEMENTATION STRATEGY
The plan as proposed will require no changes or variances from the existing
V
zoning. The proposed land uses are consistent with both the City and County
i Oft.Comprehensive
Development Plans.
Tax increment financing, parking revenue bonds, State and federal highway
improvement and land acquisition funds, and developer agreements are the tools
that will be used to implement the plan.
a
8f-103.3
a
JR
69
DUPONT PLAZA AREA REDEVELOPMENT PLAN
LOCATION MAP
EXHIBIT A
1p
S.E. OV TOWN ARK W "T =_
s -
D10
10
aooaArsIoE
S�i[y]1ER
BAYFRONT PARK
1
F]a=
��
FLAGLEII T. ,1
BISCAYNE BAY
I IT
A RORAIL �� V n LY
A
O
BRICKE AVENUE
DISTRICT
-
i
;; 'm m =STUDY AREA
••is•[[[ SHORELINE
REVIEW
BOUNDARY
DAD'M
STUDY AREA
,�;�r AND SHORELINE REVIEW BOUNDARIES
DUPONT PLAZA AREA REDEVELOPMENT PLAN EXHIBIT B
P
DUPONT PLAZA AREA REDEVELOPMENT PLAN
I. INTRODUCTION
A. PURPOSE
The purpose of the Dupont Plaza Area Redevelopment Plan is: 1) to improve
regional transportation access to Downtown Miami; 2) to improve the local
street network in the area affording better access and egress to existing
and proposed developments including the City's James L. Knight Center and
its parking structure; 3) to prevent and/or eliminate visual barriers
along the Miami River; 4) to provide amenity areas and a continuation of
the Miami Riverwalk; 5) to acquire property to permit the construction of
a higher, wider Brickell Avenue Bridge; 6) to enable the development of
intercept parking and an additional Metromover Station; 7) to facilitate
joint public/private development in the area that will stimulate further
economic development and maximize existing publ is investments in Downtown
Miami; and 8) to complete the redevelopment of Bayf ront Park.
To accomplish the purposes stated above, the blighted conditions in the
Dupont Plaza area will have to be addressed and corrected through this
redevelopment effort.
Chapter 163.340(a)(1) & (2) defines a "blighted area" as one where there
is a predominance of defective or inadequate street layout and one where
there is "faulty lot layout in relation to size, adequacy, accessibility
or usefulness." Chapter 163.340(b) further defines "blighted area" as
"An area in which there exists faulty or inadequate street layout;
inadequate parking facilities; or roadways, bridges, or public
transportation facilities incapable of handling the volume of traffic
flow into or through the area, either at present or following proposed
construction."
The Dupont Plaza area, based on the above definitions, is a "blighted
area" for which powers under Chapter 163 may be utilized by the City to
correct the blight.
The existing street layout is inadequate, hence several plans and studies
have been prepared in the past to address the need to reconstruct the I-
95 off -ramps to connect with Biscayne Boulevard. There already exists a
parking shortage in the area that will be compounded once the Centrust
Tower is occupied and as development occurs in the project area. The
Brickell Avenue Bridge must be replaced to accommodate anticipated future
traffic needs. The Dupont Plaza Metromover Station is needed if the
MW
:'Ny-
N
U
modal splits that were identified in approving the S.E. Financial Center
and the Miami Center complexes are to be realized. The City's waterfront
charter amendment and County Shoreline Review Ordinance would render the
Dupont Plaza Hotel and Apartment building property, as currently
configured, undevelopable based on the 50 foot setback requirement and
would severely limit further development on this site.
The ability of Downtown Miami to support growth beyond that projected for
the next five years will depend on a resolution of the transportation
network in and around Dupont Plaza and linkages to the Brickell Area.
1
Three of the four blocks known as Dupont Plaza are currently used as
surface parking lots. This economic disuse has existed for more than
sixty years while the rest of Downtown has experienced unprecedented
redevelopment. This property, among the most valuable in the State of
Florida, cannot be developed for the uses and densities that are
i appropriate for its location in the heart of Miami's Central Business
District unless the transportation network serving the area can be
improved.
Development of the Dupont Plaza area will significantly enhance the City
and County tax bases and offer opportunities for realization of
significant urban development and the opportunity to achieve major
a economic development goals of our community.
B. PROJECT OVERVIEW
The proposed Dupont Plaza Area Redevelopment Plan reflects the stated
planning objectives and major recommendations contained in the Miami
Comprehensive Neighborhood Plan and the Draft Downtown Miami Policy Plan
prepared in June 1986.
In general, the intent of this plan is to enable regional and local
transportation improvements to occur that will significantly increase
Downtown's infrastructure capacity to support growth and in particular to
stimulate redevelopment of the vacant and under-utilized land at this
important gateway to Downtown known as Dupont Plaza.
The principle redevelopment strategy for this project will be to utilize
land acquisition powers as necessary, property owner agreements, and
incremental tax revenues and bonding capability that may be generated
to insure that the necessary land is made available to the Florida State
- 2 -
86-1033
Department of Transportation for implementation of the I-95 bifurcated
ramps and related street improvements and alterations.
The secondary redevelopment strategy will be to utilize the City's
Unified Development Process as may be needed, incremental tax revenues
and bonds that may be generated, other bonding capacity available to the
City and the Department of Off -Street Parking, as well as private
financing to realize a major development that may include approximately
4000 parking spaces, an exhibition/trade show facil ity of at least
200,000 square feet, and a Metromover Station. The balance of the
structure(s) could house major retail, hotel, office, and other
commercial uses.
Another secondary strategy will be to create a revised street layout that
would facilitate redevelopment with new structures that would provide
adequate setbacks, publ is open space and activity generating uses along
the Miami River, thereby completing an important link in the City's
Riverwalk/Baywalk system.
The final strategy will be to utilize tax increment revenues to fund
those portions of the Bayfront Park Redevelopment Project from
approximately Flagler Street south to Chopin Plaza that remain unfunded,
and to insure safe pedestrian connections between the park and Dupont
Plaza developments and the City of Miami/James L. Knight Center and
Dupont Plaza developments.
C. PLANNING PROCESS
The Dupont Plaza Area Redevelopment Plan has been prepared according to
the requirements specified by the Community Redevelopment Act of 1969, as
amended (Fla. Statutes 163.330 et. seq.). As mandated by the Act, the
redevelopment plan must conform —To ---We adopted comprehensive plans for
the City of Miami and Dade County. Final approval must be granted by the
Miami City Commission and the Board of Dade County Commissioners
following recommendations by their respective planning advisory agencies.
Since 1967, the City of Miami has undertaken three major planning
programs which have addressed urban development opportunities for the
Dupont Plaza area:
1. Downtown Miami Master Plan
DoxiadlS Associates, Inc.
June 1967
- 3 -
86-1033
,_
-
2. Downtown Miami 1973-1985: An Urban Development
ana zon ing r i an
Wallace, McHarg, Roberts & Todd
1973
3. Downtown Miami Master Plan
City of Miami Planning Department
In Process
A number of task forces established by the City, the County, and the
Greater Miami Chamber of Commerce have concerned themselves with solving
the Dupont Plaza and related transportation issues.
This Redevelopment Plan is consistent with the goals and objectives of
each of these planning efforts and is not inconsistent with the adopted
comprehensive plans for the City of Miami and Dade County.
Reconstruction of the entrance and exit ramps of I-95 in the vicinity of
a
Dupont Plaza to connect them with Biscayne Boulevard and the related
local street improvements needed to maintain and improve traffic flow
have long been a goal of this community. Several plans and studies
commissioned over the years have addressed the need for transportation
_=
improvements in and around Dupont Plaza. They include:
i
Downtown Miami Master Plan
oxia is Associates, Inc.
June, 1967
Downtown Miami 1973-1985: An Urban Development
and zoning Plan
Wallace, McHarg, Roberts and Todd
1973
Downtown Miami: A Conceptual Transportation Plan
e swinger, Hoch and Associates
September, 1973
Traffic Forecasts and Roadway Plan
or the Dupont Plaza Area
Barton - ASchman Associates, Inc.
July 21, 1979
Development/Highway Plan for Dupont Plaza
Holywell Corporation and Barton - Aschman Associates, Inc.
September, 1980
-4-
86--1033
C
Wj
L]
US-1 Dupont Plaza Bridge Replacement
and streetimprovements - Lnvironmental
impact statement
eiswinger, oc & Associates, Inc.
December, 1980
Traffic and Pedestrian Circulation Study
Barton - ASchman Associates, Inc.
1981
Miami CBD Maintenance of Traffic
reiner Lngineering ciences eiswinger, Hoch
& Associates, Inc.
January 1982
Downtown Miami Traffic Access and
Mobility mprovemen u y
Wilbur 5mith and Associates
June, 1982
I-95 Downtown Distributor Design Traffic Forecasts
breiner tngineering Sciences/eeiswinger, Hoch
& Associates, Inc.
October, 1982
Year 2005 Metro -Dade Transportation Plan
Metropol Itan Planning Urganization
July, 1984
Study Summary for the Proposed Dupont Plaza
Circulation Revisions
Uavid Plummer & Associates, Inc.
January 1985
Downtown Miami Transportation Report
Downtown Development Authority an
David Plummer & Associates, Inc.
March, 1986
Florida Department of Transportation - Five
ear Capital improvementrogram 1987-1991
on a Department of Transportation
1986
- 5 -
8V-1Q33
4.
oft
Also prominently mentioned in many of these studies is the need for a
higher, wider Brickell Avenue Bridge to improve traffic flow to and from
the Brickell Avenue Commercial area. This 5-lane bridge is included in
the Florida Department of Transportation Five Year (1987-1991)
Improvement Program.
These transportation improvements have not been realized for a number of
reasons including lack of sufficient funding, lack of right-of-way, lack
of community consensus on the vertical and horizontal alignments of
proposed ramps and roadways, and the lack of a comprehensive planning
approach to the area balancing the economic and urban design and
development abilities and needs of the public and private sectors.
II. BACKGROUND INFORMATION
A. GEOGRAPHIC LOCATION
The Project Area includes those streets and properties that will be
impacted by the I-95 ramps and related street improvements, the southern
portion of Bayf ront Park, which is in need of redevelopment, and the City
of Miami/James L. Knight Center which must be physically 1 inked to the
developments proposed in Dupont Plaza for both pedestrian safety and
economic development and enhancement considerations.
The Project Area is bounded by Biscayne Bay on the east from the Miami
River north to a point where Flagler Street would meet the Bay if
extended, east to Biscayne Boulevard, south to S.E. 3rd Street, west to
S.E. 3rd Avenue, north to S.E. 2nd Street, west to S.E. 1st Avenue, south
to the Miami River, along the westerly property line of the City of
Miami/James L. Knight Center, and east along the Miami River to Biscayne
Bay.
The area encompasses 93.6 acres, including 8.7 acres of public right-of-
way and 16.5 acres of City -owned property. A legal description is
attached as Appendix A.
The Redevelopment Area is located within the highest growth area of
Downtown. Within a three block radius of the area are located the
Brickell Avenue Business District, Flagler Street Retail Core and Bayside
Specialty Center. Within one mile radius of the site are the Government
Center, Port of Miami, Metrorail and the Southeast Overtown/Park West
Redevelopment Area (see Boundary Map, Exhibit 8). Two primary access
roadways, I-95 Expressway and Highway U.S. 1, are located partially
within the redevelopment area. The Metromover system runs through the
center of the area with a planned future station located at S.E. 3rd
Avenue and S.E. 3rd Street (see Existing and Proposed Transportation Map,
Exhibit C).
-6-
86-1033
4f ,-
N.
`7
n
i
r
Er
e
'
`�
l
t
�
N
�i
n
-Ml
0 lk AM
PORT BRIDGE
-W EXISTING
-PROPOSED
STUDY
AREA
0
SCIAl F
200 400
2DUPORNTPLAZNAREA ' EXISTING AND PROPOSED
ti.rr�' 4lAA,..-�. TRANSPORTATION NETWORK
REDEVELOPMENT PLAN EXHIBIT C
V�w 103�
l
m
Li
B. EXISTING LAND USE AND CONDITIONS
oft
4% The Redevelopment Area consists of three square blocks of the four block
area known as Dupont Plaza, nine acres of the southern portion of
Bayfront Park, approximately 8.5 acres at the mouth of the Miami River,
the City of Miami/James L. Knight Center property, the block containing
the Howard Johnson Hotel and the Centrust Tower, and the property bounded
by the Miami River and Biscayne Boulevard Way. The three Dupont Plaza
blocks are private parking lots containing 922 spaces. The riverfront
property contains the 30 year old Dupont Plaza Hotel, Apartments, and
offices which are housed in two structures consisting of 295 hotel rooms,
146 residential apartments, 140,000 square feet of office, 12,000 square
feet of retail and 389 parking spaces. Nine hundred and fifty employees
and 352 residents work or live in this riverfront area. Another block
has two structures. One structure is the Howard Johnson Hotel which
consists of 386 hotel rooms, 5,000 square feet of retail and 250 parking
spaces. The other structure is a 1450 space municipal parking garage
completed in 1984, with an air -rights development Centrust Tower, with a
600,000 square foot office building, and 10,000 square feet of retail.
The Centrust Tower is expected to be completed and ready for occupancy in
early 1987. The current employee population for the Howard Johnson
Hotel/Centrust Tower block is 418 with no residents.
The City of Miami/University of Miami James L. Knight
Conference/Convention Center property contains a 615 room Regency Hyatt
Hotel, a 5500 seat auditorium, 30,000 square feet of meeting rooms, and
26,000 square feet of retail space. The current employee population is
1200. The existing Miami Center I project of 8.5 acres at the mouth of
the Miami River contains the 645 room Intercontinental_Hotel, the 650,000
square foot Edward M. Ball Office Building, a 1,150 car parking structure
and 30,000 square feet of retail space. There are approximately 3,000
employees and no residences on this property. The balance of the
property, 3.5 acres, is currently vacant land.
Generalized Existing Land Use is illustrated on Exhibit D.
III. REDEVELOPMENT OBJECTIVES
Redevelopment objectives have been formulated to serve as guiding
principles for preparing the Dupont Plaza Area Redevelopment Plan.
They were derived from analysis and evaluation of existing conditions and
the issues affecting future development of the area. These objectives
also reflect established community priorities and overall development
,r, objectives of the City of Miami.
8
86-1033
i
r-
A
no
ILIIII ICI II II ii �IIIIII III Ili'i�! ii"•• i _iI
';,
j I� � `�, �;--IIIIIII I I�IIUI�lllil�lli"°_ i
11-=_1�1�� I'll., II If II I�J�!Lll II I II II I;I
I II jI[]I
` 1 I I �:�U.-...=_.yam f 1
l I
,I��,,,.. �• � .
li If ��_ �I:�. _.IE•�
II__II,,,,II '►`?•. II(IIIII II. II II&tin
�---U...■ U -_= U�� � J ___ II I II III _ II ___II.IIMII_I, ��\ --
I�----q..l. q _ a '�I q I_ li II :\ 11 ...11..1■II. Ir
l(- II Y 1 ■ II _ Ir_ � I _. V I I ��-_....I I.1.z.,11�.1.■�I I-_.'� µ_;,. _
N ,,
,II
_ IQQII9 _II . I[lIIICBfKIM II 110111111111
I ■(fin \\\ \.. �l � �"•
OIIYI%III
a
'fin ugIll0lllllllllll lip .».
IQIUI [�� OggfP.l'm Ir�l I
. II �,• II II � . ■(I�101! .oil s l I �/ �._
31,='� r p qII I is Ilrlln .
_ ll.--. II Y. ■ II _.. (I . )• — i�' � �t�: s ` or/lce
- R11111�
IIIIIIIIIIIIIIIIII anrlc■
utimtll lul
IIIIIIIIIIIIIIIIIU NI.IIIUIIOIIAL
[MEN 111 1101 11At •
�1,(I UIN 111
1 y(J a:uwww UC�11411.
rnnw
1'11111 Il:
Mow 11UOY ANNA.OU110NY
GENERALIZED EXISTING LAND USE
DUPONT PLAZA AREA REDEVELOPMENT PLAN
EXHIBIT D
86'-1033
A. Issue: Blight Conditions
Objectives
j 1. Provide incentives for redevelopment of blighted properties.
2. Eliminate conditions which contribute to blight.
3. Promote rehabilitation and maintenance of existing viable uses
and structures.
4. Achieve orderly and efficient use of land.
B. Issue: EconovW
1. Maximize existing public investments.
2. Reinforce the property tax base.
3. Create economic magnets to draw more businesses to the Dupont
Plaza area to complement established activities in the
surrounding area.
4. Provide concentrations of similar commercial activities that
reinforce each other and improve the area -wide economic climate.
C. Issue: Public Infrastructure and Amenities
Objective
1. Provide adequate public utilities and services for the area's
businesses.
2. Provide a system of publ is open spaces.
3. Maximize access and views to Biscayne Bay and the Miami River.
4. Complete the Bayf ront Park Redevelopment Project.
- 10-
86--10 33
D. Issue: Traffic and Circulation
Objective
1. Resolve existing and future transportation conflicts.
2. Set priorities within the transportation network for
pedestrians, cars, service and transit vehicles.
3. Improve access to existing and planned major activity areas such
as the Central Business District and Brickell Avenue.
4. Support construction of a replacement for the Brickell Avenue
Bridge.
5. Provide adequate parking to serve the needs of area visitors and
employees.
6. Provide intercept parking in concert with the Metromover system
to remove traffic from Downtown streets.
IV. REDEVELOPMENT PROPOSAL
A. THE CONCEPT
Recent studies commissioned both publicly and privately identify an
immediate need for at least 200,000 square feet of exhibit space if Miami
is to enjoy a viable convention market. The Dupont Plaza area (assuming
realization of the I-95 and related transportation improvements) is one
of the Downtown sites being strongly considered by a committee of the
City Commission looking into locations for a 200,000 square foot
exhibition hall to serve conventions and trade shows. The City of
Miami/James L. Knight Center, currently operating at a substantial
deficit, suffers from the lack of exhibit space. An exhibition hall
located in Dupont Plaza, across the street from the C ity's Knight Center
and a short walk from over 2000 first class hotel rooms, appears to have
great potential, utilizing joint public and private resources and
efforts. It is anticipated that an exhibition hall, as described, would
generate the need for an additional 800-1000 hotel rooms that could be
located in the Project Area.
The program for the Downtown Metromover loop includes a station in Dupont
Plaza to be implemented when the area is developed. The infrastructure
for this station is already in place. Major development in Dupont Plaza
will generate the need for substantial parking. There already exists a
86-1033
parking shortage in the area. The City's 1400 car parking structure over
which the Centrust Tower is being built is already 90% occupied and the
office building is still several months from opening. A major parking
structure would be highly desirable, if it contained sufficient spaces to
accommodate Dupont Plaza development needs, Knight Center overflows and
excess capacity to serve in concert with a Metromover Station as an
intercept parking facility with ramps directly connected to the I-95
ramps.
The Downtown Master Plan currently being developed stresses the need for
an upscal ing of downtown retailing including the addition of one or more
department store anchors if downtown retailing is to survive and prosper.
There are over 100,000 employees located downtown with an estimated
annual buying power of more than $100,000,000. Most of these employees
do not shop downtown now. A goal of this plan is to reverse this
situation.
If Dupont Plaza develops as per this plan, the parking, transit,
transportation, and exhibit hall elements will enable the desired upscale
retailing and anchor department stores to occur.
A great deal of work has been done by the C ity to open the waterf ront for
j
vistas and publ is use. A waterfront setback requirement has been added
to the City Charter that provides for building setbacks along the Miami
River and Biscayne Bay and provides for view corridors to the water. The
County's Shoreline Ordinance also affirms the concept by requiring
k
minimum set backs and view corridors. Approximately 1000 feet of public
Riverwalk has been developed west of the Brickell Bridge and a Baywalk is
under construction along Bayfront Park. Private development at Miami
..;
Center will extend the Baywalk/Riverwalk around Ball Point. The only
area not afforded public access or views to the water in the eastern
portion of Downtown is the area adjacent to the Dupont Plaza Hotel and
Apartment Office Building. This Redevelopment Plan will enable the hotel
�f
and office buildings, which are in less than optimal condition, to be
removed and a green space and Riverwalk to replace them. Removal of the
Dupont Plaza Apartment and Office Building will also provide the
heretofore unavailable right-of-way for the replacement of the Brickell
Avenue Bridge with a higher, wider span to improve access to the Brickell
y
area.
µY
B. PROPOSED LAND USE
Based on the location, land values, and the density and type of
development that has occurred in adjacent areas, large-scale, high -
density, mixed -use development is the only feasible consideration for the
Dupont Plaza area. Public support for the large-scale development at
r,�
x r
r
- 12 -
-W,R
;u. _
_
B6-1033
Dupont Plaza has been demonstrated by the investment by the U.S.
Government, the State of Florida, the City of Miami and Dade County in
the Metromover through Dupont Plaza and by the State of Florida in the
design and allocation of funds for right-of-way for the I-95 distributor
reconstruction. Both projects are designed to increase access
capabilities in the area.
The existing street grid pattern subdivides the remaining developable
land in Dupont Plaza into several individual blocks, none of which is
large enough to accommodate an exhibition hall or a major retail shopping
complex. The existing design for the I-95 bifurcated ramps further
complicates this issue by requiring large right-of-way takings from the
two westerly blocks in Dupont Plaza, and by isolating and restricting
access to the existing Dupont Plaza Hotel.
Proposed is a redesign of the eastbound half of the bifurcated ramps to a
location generally following the existing SE 3rd Street, with any
additional right-of-way width deemed necessary to be obtained along the
south side of SE 3rd Street. This will permit the closure of Biscayne
Boulevard Way and S.E. 3rd Avenue between Biscayne Boulevard Way and S.E.
3rd Street. The street closings enable the Dupont Plaza Hotel block and
the two blocks on the north side of Biscayne Boulevard Way to become one
larger site suitable for large-scale mixed use development. The site
would be sufficient in size to accommodate a mixed use of office, hotel,
retail, parking, at least 200,000 square feet of exhibit space and a
Riverf ront Park. The block bounded by S.E. 2nd and S.E. 3rd Avenues
between S.E. 2nd and S.E. 3rd Streets may be used for a parking garage to
serve the large-scale project with sidewalk oriented retail uses at the
ground floor.
The Howard Johnson Hotel/Centrust Tower block is fully developed;
however, the proposed transportation improvements will include better
access to these properties. The Miami Center I property which contains
the existing Inter -continental Hotel and Edward M. Ball Office Building
has an approved Development Order for a two phase project consisting of a
total of 1,480,000 sq. ft. of office space, 220,000 sq. ft. of
retail/commercial space, 150 residential units, and 1200 parking spaces.
This project, known as One Dupont Plaza, is scheduled to be developed by
1992; however, Phase II cannot proceed until the bifurcated ramp
improvements are fully committed.
- 13 - 86-1033
DUPONT PLAZA AREA REDEVELOPMENT PLAN
OFFICE
HOTEL
MIXED -USE
PARKING
""""'PARK
==STUDY AREA
0
';C -Al 1. 200 4 0
PROPOSED LAND USE I
EXHIBIT E I
8671033
i-�
The above described land uses and building configurations are
recommended, but are not intended to be mandatory. Variations of uses
and building configurations could be deemed to be consistent with this
Redevelopment Plan; provided that any such proposal is consistent with
the purpose of this plan as stated in Section I.A. and within the
limitations of zoning as described in Section V.A.
The redevelopment of Bayfront Park is proposed to be completed in
conformance with the approved plans, designed by Isamu Noguchi.
C. COMMUNITY FACILITIES AND SERVICES
The provision of quality community facilities and services is essential
in order to complement redevelopment activities proposed for the Dupont
Plaza Area. This plan is intended to identify those important facilities
and services and provide guidelines for their maintenance and
improvement, as necessary to support future growth.
1. Parks and Open Space - The existing and future needs of the Dupont
Plaza Area for large-scale public open space will be served by the
approximately 9 acres of Bayfront Park south of Flagler Street.
This portion of the park has been cleared, but funds for its
redevelopment are not currently available. The design for this
portion of the park includes a large ceremonial fountain and plaza,
the Chopin Plaza Court, and three ,sculptures.
The proposed Open Space Plan for the Dupont Plaza area emphasizes
the amenity of the waterfront by providing clear views - rom
Biscayne Boulevard, an open space area at the southern end of
Biscayne Boulevard that may include a major sculpture, foundation,
or other landmark, and a pedestrian walkway along the Miami River
from the Brickell Avenue Bridge to the Miami Center Development at
Ball Point. The open space plan is illustrated on Map E, Proposed
Land Use.
2. Child Care - A shortage of child care facilities has been
identified within the vicinity of Downtown Miami to serve the needs
of residents and employees. Therefore, the redevelopment project
is proposed to contain a fully licensed child care facility serving
infant and preschool age children. The size of the facility should
be based upon a needs assessment for all employees within the
project area plus residents within a 1 mile radius.
- is -
86-1033
3. Util ities and Drainage - The Dupont Plaza area is presently
provided with water and sanitary sewer service by the Miami Dade
Water and Sewer System. Both systems contain sufficient capacity
to serve future growth in the Dupont Plaza area; however, certain
of the local distribution lines within the district may need to be
upgraded as redevelopment occurs.
4. Police, Fire, Health Care - The Dupont Plaza area experiences a 3-4
minute response time for police and fire/rescue services.
Jackson Memorial Hospital, a public facility, as well as several
private medical institutions are conveniently located within 2
miles of Dupont Plaza.
5. Schools - The only residential component of the Dupont Plaza Area
Redevelopment Plan is that proposed for the Miami Center I
development, known as One Dupont Plaza, which includes up to 150
luxury condominiums. The luxury nature and the anticipated market
suggest that school age children will not be among the occupants of
these residential units. Consequently schools are not a
consideration in this plan.
n D. PROPOSED TRANSPORTATION NETWORK
The proposed transportation network is illustrated on the Proposed
Transportation Map, Exhibit F. The major elements of the transportation
network are:
1. Construction of I-95 bifurcated ramps utilizing right-of-way on or
above S.E. 2nd Street and S.E. 3rd Street as well as over the N.W.
block of Dupont Plaza to connect 1-95 to Biscayne Boulevard.
2. Closure of Biscayne Boulevard Way and S.E. 3rd Avenue from S.E. 3rd
Street to Biscayne Boulevard Way.
3. Surface street improvements providing access, loading, and queuing
capabilities at existing and proposed developments.
4. Construction of ramps from the I-95 bifurcated ramps to the parking
facilities and exhibition facilities.
5. Construction of a Metromover Station within the above mentioned
parking structure at approximately S.E. 3rd Street and S.E. 3rd
Avenue.
- 16 -
86-103 3
r.iqm
el—\
W
Q
v-
W
Z
u
E. FLAGLER ST.
S. E . I ST
TAIDUTOR ar+
AMA R/
VFR
W
> uu
Q in
N °m
a
w
W �
Z �
0
m
i
r
4
u
N
W co
W
ri
S. E..._,2 ST.
ELEVATED ON
RAMP STi
ELEVATED OFF
RAMP;'.
STREET CLOSED 1
STREET CLOSED
DIRECTION OF TRAFFIC
s(:A,
0 300
FF- lJ ) AiIi,ay�' � PROPOSED ROADWAY IMPROVEMENTS
DUPONT PLAZA AnC-A firDI-VEL01'MENT PLAN
8671033
EXHIBIT F
6. Provision of sufficient right-of-way in the vicinity of the existing
Brickell Bridge, east of the bridge, for a new higher, wider bridge
for improved access to and from the Brickell commercial area.
E. PROPOSED URBAN DESIGN CONTROLS
} Design objectives for public and private development in the Dupont Plaza area
require the following principles to be incorporated into the design of all new
development and redevelopment.
1. Provide accessible and usable public open space -
a) Provide a publicly accessible Riverwalk and Baywalk in accordance
with Miami Riverwalk Design Standards and all criteria and design
standards of the Dade County Shoreline Ordinance.
b) Incorporate public plaza space in accordance with Miami Plaza
Design Standards at primary project access points to the riverwalk
and public streets.
c) Provide a public plaza space at the terminus of Biscayne Boulevard
at the Miami River in accordance with City approved design
standards.
'^
2. Establish primary y project entrances that respond to and reinforce
patterns of pedestrian movement on existing public streets -
dU'
a) Provide a ground level (public street sidewalk level) entrance
{;r
designed and scaled to dimensions indicative of a major project
entry point at:
- SE 2nd Avenue/Brickell Bridge
SE 3rd Street opposite Southeast Financial Center
Biscayne Boulevard/Riverfront
u
- Riverwalk
3. strong Encourage j
g g project pedestrian linkages with the Flagler Street
core area, 13rickell, 13ayfrontar ana city of Miami/James L.n g
s .
onven ion Lenter -
4
a) Provide public sidewalk level retail shoppers
goods/services/restaurant use space with transparent window display
area and external entrances that front publ is walkway edges along
-
SE 2nd and 3rd Avenues, SE 2nd Street, and the riverwalk.
s
18
4.
b) Provide project setbacks as necessary to accommodate widened public
sidewalks not less than 20 feet in width along SE 2nd Avenue, SE
2nd Street, SE 3rd Avenue, and Biscayne Boulevard.
c) Provide a pedestrian overpass linking a primary project entrance to
the entrance of the City of Miami/James L. Knight Convention
Center.
d) Improve exterior public walkways in accordance with Miami Downtown
Urban Design Plan Standards, including landscaping, lighting,
decorative pavement, street furniture, and signage.
The project shall recognize its locational prominence as a gateway to
nWn+nwn Miami anti nrnvitip eijitahlp an mar as ewav state—m-e—nTs--51 major
es -
a) Architectural and public art features shall be used to define and
dramatize district gateways at:
- I-95 expressway ramp exits to Dupont Plaza
- Brickell Bridge Threshold to Dupont Plaza
- Metro mover station platform
- Terminus of Biscayne Boulevard at the Miami River
b) Public sidewalk level pedestrian entrances to the project shall
incorporate public art as either freestanding or architecturally
integrated features to give a unique identity to each entrance.
V. IMPLEMENTATION PROGRAM
The Community Redevelopment Act outlines the minimum criteria for
community redevelopment plans and authorizes the use of various municipal
powers to implement them. However, the success of the redevelopment
depends, to a large measure, upon the effectiveness of mechanisms
available to implement and regulate the plan recommendations.
This section outlines major implementation tools and regulations that
shall apply to new development and redevelopment within the Dupont Plaza
Redevelopment Area.
A. ZONING PLAN
Zoning for the area, with the exception of Bayfront Park, is CBD-1 which
permits high density commercial development with an unlimited floor area
r ratio (FAR). The development of parking requires a special exception.
- 19 -
86--1033
`SY.u�'f�11
Residential development is permitted up to an FAR of 3.2. Specific land
uses permitted in the district can be found in the Schedule of District
Regulations of the City of Miami Zoning Ordinance 9500, as amended.
The uses and densities proposed in the plan will not require any changes
from the current CBD-1 zoning; however, the urban design controls
discussed in Section IV. E. and in the Dade County Shoreline Ordinance
will be incorporated into the design review process required to obtain
any building permits within this district. There are no limitations on
the type, size, height, or number of buildings intended other than what
is necessary to conform to the urban design controls in Section IV.E. and
in the Dade County Shoreline Ordinance. Overall building height is
limited by applicable Federal Aviation Administration flight path
elevations.
All large scale development within the
project area (greater than
200,000
gross square feet
or 500 parking spaces) and any exhibit hall
proposal
will be required
to obtain a Major
Use Special Permit, pursuant to
Section 2800 of Zoning
Ordinance 9500.
Bayf ront Park is
zoned P-R (Parks
and Recreation), which
permits
recreational uses
by special exception
or other activities which
further
municipal purposes
as determined by the
City Commission.
- 20 -
8E-1033
U
B. SHORELINE DEVELOPMENT REVIEW
004 A portion of the proposed Redevelopment District falls within the
boundary of the Dade County Shoreline Development Review Committeg
(SORC) . As a result, this plan and any proposed "development action"
within the area must undergo review and approval by the SDRC .
1 Section 33D-32 of the Dade County Code describes the "shoreline
development review boundary" with a map and as being:
"defined by the nearest public roadway, or extension of such roadway
alignment, paralleling the shoreline of Biscayne Bay and the northern
embayments of Dumfoundl ing Bay, Maule Lake and Little Maule Lake and
Intracoastal Waterway from S.E. 163rd Street to the Broward County Line.
Where it is not feasible to follow existing road configurations or extensions
of those alignments, zoning district boundaries shall be used to define the
boundaries. The boundary line shall extend southward from the Broward County
Line to the northern boundary of Biscayne National Park."
2 "Development Action" is defined by Section 33D-32 of the Dade County
ordinance as:
"Any standard for, coastal construction permit as defined in Chapter 24
of the Dade County Code or any plat approval, building permit, zoning permit,
or approval, rezoning or district boundary change; variance; special
exception; conditional permit; unusual use; special use permit or any other
zoning action ancillary structure or change the existing grade elevation or
use of any parcel within the shoreline development of a review boundary."
3 Section 33D-34 and 33D-35 of the Dade County Code set forth the
respective duties and responsibilities of the SDRC and the DIC. Primarily,
the SDRC has jurisdiction and responsibility regarding the review and
recommendations as to this and all subsequent Redevelopment Plans and
subsequent applicable development actions, while the DIC Executive Council may
become involved in determining need for compliance, vested rights, and
exemption determinations as outlined in the procedural resolution.
- 21 -
86-1033
� 1
-!- L� �'. n�div_1•S�u4'A`�a � ._..,...�� � .�,�_u� .._..L.c N� �.a1� �..f3 ���- six
The Shoreline Development Review Ordinance contains certain review
criteria that are to be utilized by the SDRC in their evaluation of this
�► plan and in the evaluation of any proposed development action to be taken
within the Shoreline Development Review Boundary. These criteria include
standards for shoreline setbacks, visual corridors, side setbacks and
side street setbacks, as well as conditions where the criteria may be
waived by exception in order to provide additional publicly accessible
amenities along the shoreline of Biscayne Bay. These criteria are set
forth in Section 33D-38 of the Dade County Code and are incorporated
within this plan, by reference. While adoption of this Plan will not
actually implement any "developmental actions" as defined by the Code,
the criteria of the Shoreline Review Ordinance are intended to be applied
to the recommendations of this plan dealing with those properties within
the boundaries of the Shoreline Review Ordinance. Thus, the criteria of
the Shoreline Development Ordinance and Review Manual shall be applied in
the individual evaluations of "development actions" that may be proposed
as a result of this plan.
C. CAPITAL IMPROVEMENT PROJECTS
The Redevelopment Plan provides for a range of capital improvements to
accomplish the objectives of the plan. Capital Improvements include:
1. Acquisition and assembly of right-of-way necessary for
transportation facilities which will stimulate additional
redevelopment by the private sector.
2. Acquisition and assembly of one or more sites for disposition for
private or joint public/private redevelopment in order to create
t specialized activity anchors that would create additional economic
activity as a catalyst project. Such a catalyst project would be
the exhibition hall complex.
3. Public infrastructure improvements including, but not limited to,
utilities, parking, streets, sidewalks, parks, landscaping and
upgrading of publicly -acquired easements.
The initial tax increment in 1987 could be utilized to create an
available capital pool of between $11.5 million to $13 million through
the issuance of tax increment revenue bonds in 1987 or 1988.
The capital improvements will be accomplished over time at a pace set by
the resources available for their completion, the primary resources
- 22 -
86-1Q33
being state and federal highway funds for interstate ramp construction
and land acquisition and the tax increment revenues and their leverage,
and parking revenue bonds.
D. RELOCATION
The Community Redevelopment Act specifies that any plan prepared under
this Act provide assurances that there will be replacement housing for
the relocation of persons temporarily or permanently displaced from
housing facil ities within the redevelopment area [Fla. Stats.
163.362(7)]. Chapter 163 also mandates that an appropriate procedure be
established and adhered to which insures that such families are relocated
to decent and safe housing without any undue hardship [Fla. Stats.
163.360(6)(a)].
There are approximately 146 residential units located on the Dupont Plaza
Hotel and Office Building property that may be displaced as part of this
redevelopment scheme. Some of these apartments are used as offices;
=
others serve transient dwellers (i.e. airline employees). It is not
clear at this time what relocation efforts would be required in order to
conform with Chapter 163 and the Uniform Relocation Assistance and Real
Property Acquisition Properties Act of 1970 based on the current
utilization and occupancy of these residential units. In the event that
this property is acquired and subsequent relocation proves necessary, a
detailed relocation plan in conformance with applicable statutes will be
developed and submitted for public review and approval.
E. DISPOSITION OF PROPERTY
Any publicly owned property to be transferred for private development as
1
part of this Redevelopment Plan will be either sold in conformance with
Section 18 of the Miami City Code, or will be made available on a long-
term lease basis. Private redeveloper(s) of leased property will be
selected under the procedures of the Unified Development Process (UDP)
Ordinance of the City of Miami (Ordinance 9572).
F. ECONOMIC DEVELOPMENT PLAN
}`-
The thrust of this Redevelopment Plan is not only assembly and
realignment of properties to accommodate the proposed transportation
network but also to create developable parcels that can support high
.,
density commercial development that would include anchor department
gi,44.yY 's
fry ,
d-jLoa
23 `
�ffyye
IL
y
stores and an exhibition center that would have spin-off economic
development effects throughout Downtown Miami.
The Dupont Plaza area, especially after the introduction of intercept
parking and Metromover facilities, is an ideal location for an exhibition
center and major retail facilities. The exhibition center being
considered is directly across S.E. 2nd Avenue from the City of
Miami/James L. Knight Conference Convention Center which lacks exhibit
space for large conventions and trade shows. The proposed project is
within a five minute walk from over 1900 first class hotel rooms and
would generate the need for 800-1000 new hotel rooms. Hotel occupancy in
Downtown has suffered over the last few years due to tourism declines.
An exhibition center and the conventions it would draw could have a
dramatic effect on this ailing hotel industry.
The only major developments that have occurred in and adjacent to the
project area in recent years are the Southeast Financial Center and the
Centrust Tower. Each of these developments were permitted based on
transportation access and capacity considerations that included
realization of the I-95 bifurcated ramps system and the Dupont Plaza
Metromover station. Without the concerted public/private effort
contemplated in this Plan, the ramp system and the Metromover station
will not be real ized in the foreseeable future. This inability to
complete the transportation improvements renders the valuable properties
in Dupont Plaza almost undevelopable. The tax base of the City and
County could be substantially increased if the Dupont Plaza area develops
to the intensities of adjacent properties.
The One Dupont Plaza development which was recently granted a Development
Order will not be able to be fully accomplished until the I-95 ramps and
related improvements are committed. The proposed project includes nearly
$500 million worth of mixed -use development that would occupy vacant land
at the mouth of the Miami River and would provide a riverwalk/baywalk
pedestrian network and cafes and other pedestrian generators and
attractions.
As
of
indicated above, the
this Redevelopment
agether if
transportation and economic development elements
Plan go hand -in -hand. They will have to be
either is to be realized.
86-1033
- 24 -
I
VI. FINANCING AND MANAGEMENT
A. ESTIMATED PUBLIC COSTS
The public actions outlined in this plan are currently anticipated to be
almost exclusively funded from available Federal and State Interstate
Highway and land acquisition funds and the projected tax increment
revenues and leveraged parking revenues. Actions must be scaled and
timed to not exceed the projected magnitude and timing of the receipt of
the tax increment revenues. Current projections estimate an
annual initial increment revenue to the Redevelopment Trust Fund of
approximately $1,500,000. As new private investment occurs, this can be
expected to increase accordingly. However, for the initial stages of
plan implementation public costs for other than the construction of the
I-95 bifurcated ramps and the parking structure must be kept at a level
to be supportable by an annual income stream of this amount, either
utilized on an annual program basis or on a financed income stream basis.
B. FINANCIAL STRATEGY AND STAGING
The financial strategy, generally stated, is to utilize Federal Highway
and State funds that are or may become available for land acquisition and
the I-95 bifurcated ramps and related construction. Tax increment
revenues and leveraged parking revenues that might be available would be
directed toward accomplishing the parking structure, exhibition center,
and/or public amenities. Tax increment revenues might also be used as
gap financing to complete land acquisition for the transportation
network.
Initially, the range of public actions dependent on tax increment
financing must be staged at a pace requiring no more than the initial
estimate of $1,500,000 in annual tax increment and any leverage thereof
to support.
Once the redevelopment area is totally built out as per this plan,
upwards of $15,000,000 in annual tax increment could be generated. This
could be leveraged to float bonds in amounts ranging from approximately
$100 - 114 mill ion depending on the tax status of the bonds.
For purposes of this plan, only those tax increment generated revenues
that could be available to the project by 1988 will be included in the
initial financial plan.
25 - 86-.1033
0
As the various elements of this plan become more firm in terms of
financing commitments, the anticipated tax increment that these projects
will generate when completed may be the basis for agreements with private
developers for the provision of front end money to the City for use in
funding the public elements of this redevelopment plan.
Alternative uses for the initial tax increment revenue include:
1. Utilization of the tax increment revenue on a non -financed basis,
whereby an annual improvements program is implemented on a level
that is limited by the annual increment. As previously stated, the
annual increment revenue is estimated to be $1.5 million in 1987,
assuming the plan is fully adopted by the end of 1986.
2. Util ization of the tax increment for issuing a tax-exempt tax
increment revenue bond in 1988. Assuming the current tax-exempt
rate for this type of non -GO (general obligation) bond at 8.5
percent, with a 1.25 debt service coverage ratio, the $1.5 annual
increment could float a bond of approximately $13 million.
3. Utilization of the tax increment for issuing a taxable tax increment
revenue bond in 1988. Assuming the current taxable rate for this
type of non -GO bond at 10 percent, with a 1.25 debt service coverage
ratio, the $1.5 million
annual increment could float a bond of approximately $11.5 million.
4. Utilization of the tax increment on a non -bond basis, through a
contract loan or installment purchase basis with a private party
agreeable to such an arrangement. This would allow maximum
flexibility and may be an efficient way to finance the increment in
certain specific situations.
All redevelopment to be financed by tax increment revenues will be
completed no later than 10 years from the date of approval of this plan.
- 26 8b.. 3.3 I)
LEGAL DESCRIPTION
Begin at the intersection of the Northerly R/W line of S.E. 2nd
Street and the Westerly R/W line of S.E. 1st Avenue; thence run
East along the Northerly line of S.E. 2nd St. to the Easterly R/W
line of S.E. 3rd Ave.; thence run South along the Easterly R/W
line of S.E. 3rd Ave. to the Northerly R/W line of S.E. 3rd St.;
thence run East along the Northerly R/W line of S.E. 3rd St. to
the Easterly R/W line of Biscayne Blvd.; thence meandering along
a"
the Easterly R/W line of Biscayne Blvd. in a Northerly direction
to the Easterly extension of the Northerly R/W line of East
Flagler St.; thence Easterly along the extension of the Northerly
R/W line of East Flagler Street across Bayfront Park to the
k, Bulkhead along the MHW line of Biscayne Bay; thence run
Southerly, Southwesterly and Westerly along a concrete bulkhead
along the westerly shoreline (MHW line) of Biscayne Bay and the
Northerly side of the Miami River to the Westerly side of the
Miami Convention Center; thence run Northerly along the Westerly
me.µ
side of the Convention Center to the Southerly R/W line of S.E.
-r 4th St.; thence Westerly along the Southerly R/W of S.E. 4th St.
to the Westerly R/W line and its projection south of S.E. 1st
Ave.; thence Northerly along the Westerly R/W line and its
projection of S.E. 1st Ave. to the Point of Beginning.
Prepared By: Walter K. Brown