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HomeMy WebLinkAboutR-85-113611 J-85-1021 10/4/85 A RESOLUTION NO. A RESOLUTION AMENDING EXHIBIT "A" FINDINGS OF FACT NUMBER 1 OF THE DEVELOPMENT ORDER (RESOLUTION NO. 85-721 JANUARY 24, 1985), AND THE MAJOR USE SPECf.Ab PERMIT (RESOLUTION 85- 73, JANUARY 24, 1985), FOR THt, TFRREMARK CENTRE PROJECT, A DEVELOPMENT OF REGIONAL IMPACT, LOCATED AT APPROXIMATELY 2560-2580 TIGE,RTAIL AVENUE, 3204-3240 AVIATION AVENUE, AND 2583-2585 SOUTH BAYSHORE DRIVE (MORE PARTICULARLY DESCRIBED HEREIN), BY INCREASING THE HEIGHT OF THE BUILDING FROM 237 FEET 10 INCHES TO 250 FEET ABOVE GRADE; DECREASING THE AREA OF THE OFFICE BUILDING FROM 314,000 TO 307,760 GROSS SQUARE FEET; ELIMINATING ENCLOSED PLAZA OF 3,800 SQUARE FEET - INCREASING OPEN SPACE FROM 115,932 SQUARE FEET TO 122,067 SQUARE FEET; INCR:ASING PEDESTRIAN OPEN SPACE FROM 43,419 SQUARE FrRT TO 58,893 SQUARE FEET; DECREASING THE RETAIL AREAS OF THE BUILDING FROM 8,000 TO 7,610 SQUARE FEET; INCREASING PARKING SPACES FROM 1,050 AND 333,300 SQUARE FEET TO 1,090 SPACES AND 346,693 SQUARE, FEET; CHANGING THE EXTERIOR CONFIGURATION OF THE BUILDING BY SHIFTING THE OFFICE TOWER 18 FEET TOWARDS AVIATION AVENUE (NORTHEASTERLY); FURTHER, FINDING THAT THE ABOVE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND DIRECTING THE CITY CLERK TO SEND CERTIFIED COPIES OF THIS RESOLUTION TO APPECTED AGENCIES. WHEREAS, the City Commission has previously approved the Terremark Centre project, a Development of Regional Tmpact by issuing a Development Order (Resolution 85-72, January 24, 1985) and Major Use Permit (Resolution 85-7, January 24, 1985); and WHEREAS, the developer, Grove Bay Plaza Ltd., has proposed certain changes to the project which require evaluation to see if they meet the presumptive thresholds of substantial deviation pursuant to Chapter 380.06, Florida Statutes; and WHEREAS, the City Commission has held a public hearing it which opposing parties could view objections; and WHEREAS, the Miami Planning Advisory Board, at its meeting of September 18, 1985, Item No. 3, following an advertised hearing, adopted Resolution PAB 53-85, by a 5 to 0 vote, RECOMMENDING APPROVAL of modifying the subject Development Order, as set out below; and CITY COMMISSION MEETING OF Nov 26 1985 RESOLUTION Na. 8L, —I13 REMARKS. 10* A WHEREAS, the City Commission, af.tAr consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami to amend Resolutions 85-72 and 85-73 as set out herein! NOW, THEREFORE, BF IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAr Section 1. Findings of Fact Condition 1 of Exhibit "A" of the Development Order (Resolution 85-72, January 24, 1985) and the Major Use Permit (Resolution 85-73, January 24, 1985) for property located at approximately 2560-2580 Tigertail Avenue, 3204-3240 Aviation Avenue; and 2583-2585 South Bayshore Drive; more particularly described as lot 1 less right-of-way, lots 2 thru 4, 7 thr.0 31. and unnumbered lot also known as lot 32, inclusive of Blr.,)ck 39 NEW BISCAYNE AMENDED (B-16) are hereby amended in the followinq respects-1 * "Development 1. The development proposed 724,900 gross square Ff�et (-)F floor area, comprised of the following elements as specified by the applicant in the Application for Development Approval. Element Floor Area (S.F.) Office (1-8 ster es) (20 stories) 314r8A8 307,760 Retail (ground level)—8-1099 7,610 Residential (16 du's) 19,000 Parking-(1$88spa)-(1090 spaces) 333,300 346,893 Recreation 50,400 42-4,908 662,263 This project id described and limited as shown on maps N-11-G-1, N-11-H-1, N-11-H-2, N-11-H-31 N-11-H-4, N-11-H-4, N-11-H-5, N- 11-11-6, N-11-H-70, N-11-H-81 N-11-H-9, N-11-H-10, and N-11-K-1 submitted to the South Florida Regional Planning Council on November 30, 1984, prepared by Beremello, Kurki and Vera, Inc. The project is further limited by applicable provisions and procedures of City of Miami Zoning Ordinance 9500, as follows! 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions remain unchanged. Asterisks indicate omitted and unchanged material. — 2— �� ".1a36 r Ili Per Schedule of District Regulations, Page 3 of 6, nistr.ict RO (Residential -Office), and per conceptual plan and design schematic plans on file dated November 30, 1984, prepared by Beremello, Kurki and Vera, Tnc., with the following parameters for the site bounded by Aviation Avenue, Tigertail Avenue and South Bayshore Drive: Element Floor Area (S.F.) Plaza (enclosed)-3r90 S.f: 0 Open Space 115 96' ^ F 1.22,067 Pedestrian Open Space -4 ,419-ss£ 58,693 Office Tower Height 23710 10" 250'-0" Garage Height 45' Residential Height 45' The project, as defined conceptually immediately above, meets the requirements of Zoning Ordinance 9500 subject to the submittal of construction documents in conformity with Zoning Ordinance 9500 and applicable City laws, precedent to the issuance of a building permit, and the issuance of a Class C Special Permit as required by Section 15173.1 of the Zoning Ordinance. This Exhibition constitutes the conditions for a Major Use Special P?rmit per Section 2803 of the Zoning Ordinance." Section 2. The City Commigsion hereby finds that the changes in Section 1 .are not substantial deviations under Chapter 380, Florida Statutes, as they neither create a reasonable likelihood of additional regional. impact on the region or create any regional_ impact not previously reviewed in the Application for Development Approval by the regional planning agency. Section 3. The City Clerk is hereby authorized and directed to send certified copies of this Resolution immediately to the Florida Department of Veteran and Community Affairs, Division of Local Resource Management, 2571 Rxecutive Center Circle Fast, Tallahassee, Florida 32301; to the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021; to Grove Bay Plaza Limited, 2600 SW 3rd Avenue, Miami, Florida 33129, and to Alan Gold, Esq., c/o Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen and Quentel, Penthouse One, 1401 Brickell Avenue, Miami, Florida 33131. Section 4. The recitals of fact referred to in the herein "Whereas clauses are true and correct and made a part thereof. -3- PASSED AND ADOPTED this 26th day of NOVEMBER 1985. MAYOR AT K TY HIRAI CITY CLERK PREPARED AND APPROVED BY: WU$L E. MAXWELL (�AOISTA _N` �-,ATTORNEY APPR16VED 0-9FORM AND CORRECTNESS: Tald'CIA A. DOUGfERTY CITY ATTORNEY jEM/wpc/ab/BI86 8.9; - JL ]..% -4- I 0 December 17, 1985 Grove Bay Plaza Limited 2600 S.W. 3 Avenue Miami,, Florida 33129 RE: TERREMARK CENTRE PROJECT Dear Mr. Enclosed herein please find a copy of Resolution No. 85-1136, passed and adopted by the City of Miami Commission at its meeting held on November 26, 1985, which is self—explanatory. On behalf of the City of Miami, thank you for your attention. V5x,iy truly yours, VaetAtryy-H i r a City Clerk MH:sl ENC: a/s ys-//3 G O!i'i I Of TH! '.. f MATTY HIRAI City Clerk CMW@qfiMfi9 DEPUTY CITY CLERKS Robert F. Tinglev Georgia Ni. Little E%elio Rizo Svi%is M. Mendoza SO%ia Lowman Lillian Dickmon December 17, 1985 STAFF SUPPORT El%a Ricardo C i Mr. Alan Gold Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen and Quentel Penthouse One 1401 Brickell Avenue Miami,, Florida 33131 RE: TERREMARK CENTRE PROJECT Dear Mr. Gold: Enclosed herein please find a copy of Resolution No. 85-1136, passed and adopted by the City of Miami Commission at its meeting held on November 26, 1985, which i is self—explanatory. On behalf of the City of Miami, thank you for your attention. y yours, X ai f City Clerk F MH:sl ENC: a/s i ffS- 1136 OFFICE OF THE CITY CLERK / City Hall 35M Pan American Drive / P.O.Bo► 330708 / Miami. Florida 33233-0708 / 005) 579.6065 R r"N Md A titATT1 HIR AI Cit% Clerk U IUUUI Iwj� DEPUTY CITY CLERKS Rohert E. Tingley Georgia k1 Little Evelio Rizo S� I� is 'o Menclo7a SvI%ta Lowman Lillian Dickmon December 17, 1985 STAFF SUPPORT El%d Ricardo Mr. Barry Peterson Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood,, Florida 33021 RE: TERREMARK CENTRE PROJECT Dear Mr. Peterson: Enclosed herein please find a copy of Resolution No. 85-1136, passed and adopted by the City of Miami Commission at its meeting held on November 26, 1985, which is.self— explanatory. On behalf of the City of Miami, thank you for your attention. otyVertruly yours, Hirai City Clerk MH:sl ENC: a/s 75 -//34 OFFICE OF THE CITY CLERK / City Hall / 3500 Pan American Drive / P.O.Box 330708 / Miami, Florida 33233-0708 / (3051 579-6065 s.. December 170 1985 Mr. Michael Garretson Director Florida Department of Veteran and Community Affairs Division of Local Resource Management 2571 Executive Center Circle East Tallahassee,, Florida 32301 RE: TERREMARK CENTRE PROJECT ti1ATTY HIRA,I City Clerk DEPUTY CITY CLERKS Robert E. Tingley Georgia M. Little E%elio Rizo Srl�ia 1,.1. Mendoza 500a Lowman Lillian Dickmon STAFF SUPPORT Eha Ricardo Dear Mr. Garretson: Enclosed herein please find a copy of Resolution No. 85-11369 passed and adopted by the City of Miami Commission at its meeting held on November 26, 1985, which is self—explanatory. On behalf of the City of Miami, thank you for your attention. VerA truly yours, Aatty:�H=rai City Clerk MH:sl ENC: a/s QS =113�, OFFICE OF THE CITY CLERK / City Hall/ 3500 Pan American Drive/ P.O. Box 330708 / Miami, Florida 33233-0708 / (3051 579-6065 I r f; December 17, 1985 Dade County League of Cities 748G Fairway Drive, #209 Miami Lakes, Florida 33014 RE: CITY OF MIAMI REPRESENTATIVE Dear Sir: Enclosed herein please find a copy of Resolution No. 85-1109, passed and adopted by the City of Miami Commission at its meeting held on November 26, 1985, which is self—explanatory. VStruly yours, M tty Hirai City Clerk MH:sl ENC: a/s December 17, 1985 University of Miami Administration Office 1611 N.W. 12 Avenue Miami Lakes, Florida RE: SUCCESSFUL FOOTBALL SEASON Dear Sir: Enclosed herein please find a copy of Resolution No. 85-1132, passed and adopted by the City of Miami Commission at its meeting held on November 26, 1985, which is self explanatory. On behalf of the City of Miami, we extend our sincere congratulations. Ver truly yours, atty Hirai City Clerk MH:sl ENC: a/s 9'.Or-- 113 .07, Oi f 1 i ")� TN( (_ II C I(Pi- H. Ji�j M„ A ,, _. O, P Ci N .> Ii' IZ %t q, (l, r .. ' Tlt'nn 1.. E J CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM 12 ' s' - TO The Honorable Mayor and Members October 7, 1985 FILE: DATE: of the City Commission susJECT: RESOLUTION - RECOMMEND APPROVAL AMENDMENTS TO DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT FROM: Sergio Pereira REFERENCES: TERREMARK CENTRE City Manager ENCLOSURES. COMMISSION AGENDA - OCTOBER 24, 1985 PLANNING AND ZONING ITEMS It is recommended by the Planning Advisory Board that amendments to Exhibit "A" Findings of Fact Number 1 of the Development Order (Resolution No. 85-72; January 24, 1985), and the Major Use Special Permit; (Resolution 85-73; January rt 24, 1985) for Terremark Centre, by increasing building heighf, ecreasing office building area, eliminating enclosed plaza, increasing open space and pedestrian open space, decreasing retail areas, increasing parking spaces, and changing the exterior configuration of the building by shifting the office tower 18' towards Aviation Avenue (northeasterly) and finding that above changes do not constitute substantial deviations per Chapter 380, F.S. bd approved. The Planning Advisory Board, at its meeting of September 18, 1985, Item 3, following an advertised hearing, adopted Resolution PAS 53-85 by a 5 to 0 vote, recommending approval of amendments to Exhibit "A" Findings of Fact Number 1 of the Development Order (Resolution No. 85-72; January 24, 1985), and the Major Use Special Permit; (Resolution 85-73; January 24, 1985) for the Terremark Centre located at approximately 2560-258D Tigertail Avenue, approximately 3204-3240 Aviation Avenue and approximately 2583-2585 South Bayshore Drive, also described as Lot 1 less right-of-way, Lots 2-4, 7-31 and unnumbered lot also known as Lot 32, Block 39, NEW BISCAYNE AMENDED (B-16), by increasing the height of the building to 250 feet above grade; decreasing the area of the office building from 314,000 to 307,760 gross square feet; eliminating enclosed plaza of 3,800 square feet; increasing open space from 1159932 square feet to 122,067 square feet; increasing pedestrian open space from 43,419 square feet to 58,893 square feet; decreasing the retail areas of the building from 8,000 to % 610 square feet; increasing parking spaces from ,r 1,050 spaces and 333,300 square feet to 1,090 spaces and 3469693 square feet; changing the exterior configuration of the building by shifting the office tower 18 feet towards Aviation Avenue (northeasterly); finding that the above changes do not constitute substantial deviations per Chapter. 380, Florida Statutes. a; QQ -1rr 13U i The Honorable Mayor and Members Page 2 October 7, 1985 i of the City Commission Ten objections received in the mail; eight opponents present at the meeting. Six proponents present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney s t Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL Y„ yt,T 8" -w1136 1 ti Z I r i APPLICANT qb PLANNING FACT SHEET Grove Bay Plaza Ltd.: August 21, 1985 PETITION 3. Approximately 2560-2580 Tigertail, Approximately 3204- Aviation venue; and Approximately Z583-2585 ou • ays ore rive tierremarK Centre). Lot 1 less right-of-way; lots 2-4, 7-31 and • unnumbered lot also known as Lot 32, Block 39 NEW BISCAYNE AMENDED (B-16). Consideration of recommending amendments to Exhibit "A" Findings of Fact Number 1 of the Development Order (Resolution No. 85-72; January 24, 1985), and the Major Use Special Permit; (Resolution 85-73; January 24, 1985), by increasing the height of the building to 250 feet above grade; decreasing the area of the office building from 314,000 to 307,760 gross square feet; eliminating enclosed plaza of 3,800 square feet; increasing open space from 115,932 square feet to 122,067 square feet; increasing pedestrian open space from 43,419 square feet to 58,893 square feet; decreasing the retail areas of the building from 8,000 to 7,610 square feet; increasing parking spaces from 1,050 and 333,300 square feet to 1,090 spaces and 346,693 square feet; changing the exterior configuration of the building by shifting the office tower 18 feet towards Aviation Avenue (northeasterly); finding that the above -changes do not constitute substantial deviations per Chapter 380, Florida Statutes. REQUEST To make recommendations on amendments to a Major Use Special Permit and a Development Order for a Development of Regional Impact. BACKGROUND Zoning Ordinance 9500 establishes a Major Use Special Permit process (Article 28) whereby defined major uses require recommendation by the Planning Advisory Board and consi derati on and authorization by the City Commission before construction can be undertaken. This process encompasses Developments of Regional Impact and other projects (as the Major Use Special Permit threshold is lower). It is the intent of the Major Use Special Permit to include, in one action, any changes in the comprehensive plan, zoning district classifications, other zoning actions, and other City ordinances that would be necessary for a building permit application to be considered. PAB 9/18/85 Item #3 Page 1 -�113b 3 I Following issuance the Development Order (Resolution 85-72) and Major Use Special Permit (Resolution 85-73) on January 24, 1985, the developer re-evaluated the project and requested that the City consider certain changes to the project. Any changes to a Development Order triggers a question of substantial deviation. ANALYSIS Chapter 380-F.S. contains presumptions to determine if changes are substantial deviations. These changes do not fall within those presumptions and appear to reduce the impact of the project. The proposed changes are as follows: Proposed Element'-- Approved Changes Height 237'10" - 19 stories 250'0" - 21 stories Office 314,000 gsf 307,760 gsf Retail 8,000 gsf 7,610 gsf Enclosed Plaza 3,800 gsf 0 Open Space • 115.932 gsf 122,067 gsf Pedestrian Open Space 43,419 gsf 58,693 gsf Parking Garage 333,300 gsf 346,893 gsf Parking Spaces 1,050 sp 1,090 sp The addition of 40 parking spaces is not substantial; during non business hours there is the possibility that these spaces could be utilized for events at Dinner Key. Rather than two towers, there is now only one tower and the office tower footprint is being moved 18 feet toward Aviation Avenue, which will comply with the "light plane" requirements of Zoning Ordinance 9500. The proposed changes do not constitute substantial deviations as defined in Chapter 380 of the Florida Statutes, and the proposed changes meet the same requirements as stipulated in the original approval. RECOMMENDATIONS PLANNING DEPT. Approval PAB 9/18/85 Item #3 1136 Page 2 PLANNING ADVISORY BOARD CITY COMMISSION IV At its meeting of September 18, 1985, the Planning Advisory Board adopted Resolution PAB 53-85 by a 5 to 0 vote, recommending approval of the above. At its meeting of October 24, 1985, the City Commission continued action on the above. PAB 9/18/85 Item #3 Page 3 � If PAB September 18, 1985 AS 45 Bounded by Tigertail Ave., Aviation Ave., South Ba share Drive and the Naval N ry1jl gfrremark Center) K' tern) ., „ 2 b ' fi �,'�` •ice . ,�'. ,,.'" . %� r _ • ^-•"" � �,i. �. O.C.-.]t to 16 ¢ a� .ay ' O a p E ' ■+r- a a i .—« .QC F- r . h. J . � a • $ i 1 >,Ca co e ^o ` -•: dm¢Z v ' _ #' y� Ip ` •. �`q�wy � 6 1 S'{ i ,i. ►ter � �.+�.� �.d� V t r V 0 CITY OF MIAMI PLANNING AND ZONING BOARDS ADMINISTRATION DEPARTMENT 275 NW 2 STREET MIAMI, FLORIDA 33128 APPLICATION FOR PUBLIC HEARING BEFORE THE PLANNING ADVISORY BOARD Private application other than Major Use Special Permit and Development of Regional Impact requests. REQUIREMENTS: 1. Current survey of the property, sketches and/or plans as required. 2. Affidavit as to current ownership of the property and application, as well as Disclosure of Qwnership fbrm. 3. Certified list of owners of real estate within 375' radius from the outside boundaries of the subject parcel. 4. Fee of $30 0.0 0 to apply toward cost of processing. DATE August 21, 1985 The undersigned, being theowner or the representative of the owner, of the property located at Aviation and South Bayshore Drive AND MORE PARTICULARL : See Exhibit "A" attached (legal escr p on do(es) respectfully request the approval of the City of Miami for the following request: 1. Modification of a major use special permit pursuant to section 2806 of City of Miami Cody. !' 2. No substantial deviation determination pursuant to Florida Statutes section. 380.06(17) (a) . SIGNATURE ROBE RT KAPLAN Page 1 of 2 --113 I i NAME ROBERT A. KAPLAN, ESQ. t ADDRESS 1401 Brickell Avenue ►? CITY, -STATE, ZIP Miami, Florida 33131 This application is approved denied 1 in accord with City Commission by Resolution No. dated Other Page 2 of 2, 8"5 _1136 ("t I" rm"m LEGAL OESCRIPTION: LOTS 7, /. !, 10, 11, 12, 13, 1h. IS, 16. 17, 18. 19. 20. 21 AND 22. ANO THE UNNUMBERED LOT LYING SOUTHEASTERLY Of THE SAID LOT 7 (ALSO KNOWN AS LOT 32). All BEING IN BLOCK 39. Of THE Amoco PLAT OF NEW BISCAYNE, ACCORDING TO tHE PLAT THEREOF. AS REVADE0 IN PLAT BOOK "I". AT PAGE 16 OF THE PUBLIC RECORDS OF OADE COUNTY. FLORIDA. r AND LOT 1. LESS A TRIANGULAR STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER Of SAID LOT i. BLOCK 39, RUNNING THENCE SOUTHWESTERLY ALONG THE SOUTH $10E Of TIGERTRAIL AVENUE, ALSO KNOWN AS. TIGERTAIL AVENUE, 40 FEET TO THE POINT OF BEGINNING. RUNNING THENCE NORTHEASTERLY ALONG THE SOUTH SIDE OF TIGERTRAIL AVENUE. ALSO RNOWN AS TIGERTAIL AVENUE. 40 FEET TO THE CORNER Of TIGERTRAIL AVENUE. ALSO KNOWN AS TIGERTAIL AVENUE AND TRADE STREET, THENCE RUNNING SOUTHEASTERLY ALONG THE WESTERLY $10E Of TRADE STREET 71 FEET. THENCE SOUTHWESTERLY TO THE POINT Of BEGINNING; AND ALL OF LOTS 23. 24. 25. 26. 27. 28. 29, 30 AND 31. BLOCK », Of NEW BISCAYNE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "I". AT PAGE 16 Of THE PUBLIC RECORDS Of DAOE COUNTY. FLORIDA. AND LOTS 2. 3 AND 4, IN BLOCK 39 Of AMENDED PLAT OF NEW BISCAYNE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B AT PAGE 16 OF THE PUBLIC RECORDS OF UDE COUNTY. FLORIDA. 144 66372 Sp FT. • Z 3P ACRES NET AREA EXHIBIT "A" I f- Jrinit. C. : r..•_:.n SS. Self'ore ...r, bur _.•.i3• •�•rYf•r.. 1i.►\•b. •... 6r.y, 61.,:., way 2^'--, �V.�.�r.�f apr= e3 ROBERT A. KAPLAN who bei:'o by r,.e f d•,:1 f v:lo upon oath, deposes and nivs: 1. That he is the a:^er, or the le„' rerresentati e of the o+•'ner, sutmittL9 she acc--a.yl:y application for a pu_,_,Iic hem _.; as required by C: d_ :nce No. 9500 of the Code of the City of Miami, 11+c^ da, eff2ct:Ln& the real preps: rf iocated.'in the City of Mira as des_ bed and L•' seed on the pages att"hed to• th s af:ida.vi`. and 1:2 de a ;art the:'eof . 2• T..ar all C.:"ie:'S Ile represents,. i" 2rTj , r'.aVe b_'vt. -• ,� ...� to ^=== -or ,.; - their be.^.z, fc- c;- e ILA and Cc= e r :':2_ on _0 him. ..o act In t. r '.,- -={ae or of a or regulation of z_:•;.,3 as se.. aut :n ' r_ r �: 3. 7-at t::e r,.�ce5 cttaC^ed hereto a.*.: made a r�..r of ...._s :`�: r,r':._ r ; i•a /N•�. rr nam.e 1 1 T� L—es a r. cne �`� .re:• r' rr� _.�• r bC..11: � 1/1' 1n.r. e r �6 1._S, l.r� � .� a�.� s s, ✓�� s Z_i legs' eG.•rr. 7.4 - ' _„ :• r• r qe r• a r•_r.r•a ► ' ; c the me•" r 1 1 eb_ c b._rr�c..� :c. �.. real r...�_. ,.; t.:...�:1 he is �. c.:.._. c. et=— re:.resentative. 4. Tne fa --vs -as re rese.-Med :Ln the a-Licaticn S «rrv..._ ...• CC,,'L" 1_r_C:1 •.iv.1 br'rr5 are ,.• a and C..: reC:.. r': • ��t:'ier �---Cnr sGyet:l rat. S',wom toand Subsc =bed before me . this =''1%% Gay of August 9 85 C-IW144 �s dam- - IM i:c-, •--y Statd of ilcr_iia at I.=be ray C.^T�,Si0:3 rJ:�7.rCs: NOTARY PUBLIC VATS 01 FLOGIOA AM COMMISSION Exp. MAY 20.1909 OOOQED THAN MERAI 113. UAW. ( Ica.^e 1 ROBERT A. KAPLAN �.._ ' �45 q )) 2 I O:-C;EA' S L I ST I Owner's game GROVE BAY PLAZA, LTD. do Mailing Address c/o Robert H. Traurig, Esa. 1401 Brickell Ave. 'telephone Number 579-0700 Legal Description: See attached Exhibit "A" Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name r Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corroration, partnership or privately) within 375' of the subiect site is listed as follows: Street Address Lecal Descriot-on Street Address Street Address Legal Description Legal Cescription 1[C+ti..Erx-- ' .�1136 0 u ALA' i 0 STATE OF FIORIDA COUNTY OF " I MMY certify that on this % s day of 1985, • before me sonall to me P� Y appeared �� �� )ai to be the person described in an who executed the foregoing imtnxne.nt. State sf I'lurid , At Large Idy Catmissim Expires: NOTARY PUBLIC STATE OF FLOAIOA NY CONNISSION EXP. NAY 20.1989 BONDED THAN GENERAL INS. UND. f I STATE OF FIAR64% IIDA `� a=M OF atat/-f I HEY certify that on this % S day of 1985, OF before me personally appeared 'F a to me known to be the person described in an who executed the foregoing instrtment. State �f f'2�>< ida At Large y =rission Expires: NOTARY PUBLIC STATE OF FLORIDA NY CONNISSION UP. NAY 20,1989 BONDED TNRO GENERAL INS. UND. I� 1 ,� •il �t 1 i I LEGAL DESCRIPTION: LOTS 1, 6, 9, 10, 11, 12. 13. 14, IS, 16. 17, 16, 19. 20. 21 AND 22. AND THE UNNUMBEREO LOT LYING SOUTHEASTERLY OF THE SAID LOT 7 (ALSO KNOWN AS LOT 32). ALL BEING IN BLOCK 39, OF THE AMENDED ►LAT OF NEW BISCAYNE, ACCORDING TO THE ►LAT THEREOF, AS REVAOED IN ►LAT BOOK "B", AT ►AGE 16 OF THE ►UBLIC RECORDS OF DADE COUNTY, FLORIDA. AND LOT I. LESS A TRIANGULAR STRI► Of LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 1. BLOCK 39. RUNNING THENCE SOUTHWESTERLY ALONG THE SOUTH SIDE OF TIGERTRAIL AVENUE. ALSO KNOWN AS TIGERTAIL AVENUE. AO FEET TO THE ►OINT OF BEGINNING. RUNNING THENCE NORTHEASTERLY ALONG THE SOUTH SIDE OF TIGERTRAIL AVENUE, ALSO KNOWN AS TIGERTAIL AVENUE. 40 FEET TO THE CORNER Of TIGERTRAIL AVENUE, ALSO KNOWN AS TIGERTAIL AVENUE AND TRADE STREET, THENCE RUNNING SOUTHEASTERLY ALONG THE WESTERLY SIDE OF TRADE STREET 7; FEET. THENCE SOUTHWESTERLY TO THE ►OINT OF BEGINNING; AND ALL OF LOTS 23, 24. 25. 26. 27. 28, 29, 30 AND 31, BLOCK 39. OF NEW BISCAYNE, ACCORDING TO THE ►LAT THEREOF RECORDED IN ►LAT BOOK "I", AT ►AGE 16 OF THE ►UBLIC RECORDS Of DADE COUNTY, FLORIDA. AND LOTS 2. 3 AND 4. IN BLOCK 39 OF AMENDED ►LAT OF NEW BISCAYNE. ACCORDING TO THE ►LAT THEREOF AS RECORDED IN ►LAT BOOK B AT ►AGE 16 OF THE ►UBLIC RECORDS OF DADE COUNTY. FLORIDA. 144 683 T2 Sa FT. 3 SP ACRES s NET AREA EXHIBIT "A" 91 Fi 1:��. °Ys{ r FFi :1 i f I 4 DISCLOSUM OF MNEFSHIP 1. Legal description and street address of subject real property: See attached Exhibit "A" Aviation and South Bayshore Drive 2. Owner(s) of suO,ett real proms ". and'percentage of ownership. Note: Citv of Miami Ordinance No. 5419 requires disclosure of all parties Having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Owner: Grove Bay Plaza, Ltd., a Florida Limited Partnership General Partner: Terremark at Bayshore, Inc. (20%) Limited Partner: A.T.H. (Curacao), N.V. (80%) • All c/o Robert H. Traurig 1401 Brickell Avenue Miami, Florida 33131 See attached Exhibit "B" for beneficial ownerships 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 'V2, and (b) located within 375 feet of the subject real property. None- STATE OF FLORIDA ) SS: COLAICY OF DADE ) tRA ATTOF44 R Ow -LR ROBERT A. KAPLAN ROBERT A. KAPLAN , being duly sworn, deposes and says that ne is the (C*H*t9 (Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and cmplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. (Na. aOBERT A. KAPLAN SWOFV TO AND SUBSCRIBED before me this / day of August"1985 . M-Y COXXISSION EXFIRES: t P a e o_ a✓1 Florida at Large IV CON IS5101 EXP. NOT 2001 09 1 y 13 b IMP THR1 GENERAL 1MS. UMD. / I t i a � LEGAL DESCRIPTION: LOTS 7. A. !. 10, 11. 12. 13, 14, IS, 16. 17, 16, 19. 20. 21 AND 22. AND THE UNNUMBERED LOT LYING SOUTHEASTERLY OF THE SAID LOT 7 (ALSO KNOWN AS LOT 32). All BEING IN BLOCK 19. OF THE AMENDED PLAT OF NEW BISCAYNE. ACCORDING TO THE PLAT THEREOF, AS RECOADEO 101 PLAT BOOK "I". AT ►AGE 16 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND { LOT I. LESS A TRIANGULAR STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 1. BLOCK 39. RUNNING THENCE SOUTHWESTERLY ALONG THE SOUTH SIDE OF TIGERTRAIL AVENUE. ALSO KNOWN AS TIGERTAIL AVENUE. 40 FEET TO THE ►OINT OF BEGINNING. RUNNING THENCE NORTHEASTERLY ALONG THE SOUTH SIDE OF TIGEATRAIL AVENUE. ALSO KNOWN AS TIGERTAIL AVENUE. 40 FEET TO THE CORNER OF TIGERTRAIL AVENUE. ALSO KNOWN AS TIGERTAIL AVENUE AND TRADE STREET, THENCE RUNNING SOUTHEASTERLY ALONG THE WESTERLY SIDE OF TRADE STREET 7; FEET. THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING; AND ALL OF LOTS 23. 24, 25. 26. 27. 28, 29, 30 AND 31, BLOCK 39. OF NEW BISCAYNE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B", AT PAGE 16 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND LOTS 2. 3 AND 6. IN BLOCK 33 OF AMENDED ►LAT OF NEW BISCAYNE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B AT ►AGE 16 OF THE ►UBLIC RECORDS OF DADE COUNTY, FLORIDA. 144 643 72 Sa FT. . • 3 3P ACRES • NET AREA EXHIBIT "A" C -13f; do TERREMARK AT BAYSHORE, INC. Owned 100% by Terremark Investment Services, Inc. which is owned 100% by: Manuel D. Medina 2600 S.W. Third Avenue Miami, Florida 33129 A.T.H. (CURACAO), N.V. Owned 100% by Mr. Francis Lee Nyet Khiong, as Trustee (trust is a grantor trust with full power of appointment) c/o Joel Karp 3050 AmeriFirst Building One S.E. Third Avenue Miami, Florida.33131 EXHIBIT "B" 8 . - ' ri..113t; �l ..14 f I LAW OFFICES GREENOERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, RosEN OUENTEL, P. A. LINDA KOO/RICK AOLCR MICHAEL O. AL/ERTINC CESAP L. ALVAREZ NU COLPM r. ARAGON RIC"ARO A. ARKIN REUSIN OD. ASKEW KENR1 L. BARSH HILAOIC BASS NORMAN J. /ENrOPO MARK D. /LOOM BUNT BRUTON STEVE BULLOCK ROSERT K. BURLINGTON ALAN P. CHASE SUE M. COBB KENDALL S.COrrCY MARK B. DAVIS 0SCAR G. DC LA GUARDIA RArACL O. DIAZ ALAN T. DIMOND CHANLCS W. COGAN. $ GARY M. EPSTEIN THOMAS K. COUELS DIANE D. rEPRARO LAURA A. GANGCMI RICHARD G. GARRETT DAVID J. GAYNOR LAWRENCEGODOr/KY ALAN S. GOLD HARVCY A. GOLDMAN STCVCN E. GOLDMAN STCVCN M. GOLDSMITH LAWRENCE S. GORDON MATTHEW S. CORDON MCLVIN N. OREENBERG MARILYN O• GPCIEN/LATT ROBERT L. GROSSMAN KENNETH C. MOrFMAN LARRY J. MOrr MAN ARNOLD M. JArrEC MARCOS O. JIMENCZ MARTIN KALE RO/CRT A. KAPLAN JUDITH KENNEY TIMOTHY C. KISH ALAN D. KOSLOW STCVCN J. KRAVITZ gTEVEN A. LANOY ALAN S. LCOERMAN LAWRENCE B. LEVY NORMAN H. LIPOrr GARY D. LIPSON CARLOS C. LOUMICT JUAN P. LOUMICT DEBBIE RUT" MALINSKY PEDRO A. MARTIN JOEL D. MA/[P ALAN M. MITCHEL ALICIA M. MORALES LOJIS NO/TOO ANTHONY J. O DONNELL. JP. JULIE K. OLOEHOrF STCVCN J. PARDO BYRON G. PCTEPSEN ALBERT O. OU[NTEL GALE S. RECINCLLA LUIS RCITER NICHOLAS ROCKWELL MARVIN S. POSEN RONALD M. POSENGARTEN DAVID L. ROSS RODENT D. RU/IN KAREN D. PUNOOUIST STEVEN T. SAMILJAN GARY A. SAUL CLIFFORD A. SCHULMAN MARTIN S. SHAPIRO M AR LIEN[ ,1. SILV CNMAN STUART M. SINGER TIMOTHY A. SMITH SAMUCL SUSI HENBENT M. BUSKIN YOLANDA MELLON TARArA GARY P. TIMIN ROBERT H. TRAURIG JONATHAN H. WARNER DAVID M. WELLS JERROLD A. WISH August 19, 1985 Mr. Sergio Rodriguez, Director City of Miami Planning Department 275 Northwest Second Street - Third Floor Miami, Florida 33128 Re: Terremark Centre Dear Sergio: AMBLER M. MOSS, JP• ZACHARY H. WOLFF Or COUNSEL "RICKELL CONCOURS 1401 "PICKELL AVENUE MIAMI, rLORIOA 33131 MIAMI (305) 579.0500 SPOWARD (305) 523.8111 TELEX 80 • 3124 TELECOPY (305) 579.0718 100 SOUTH DIXIE HIGHWAY WEST PALM BEACH, rLORIDA 33401 (305) 659. 6333 WRITERS DIRECT NO: (305) 579-0609 RICPLY TO: MIAMI ORrICE Please find submitted -with this letter a complete set of final plans for the Terremark Centre and a letter from Reinaldo Vera, BRV Architects, which describes certain architectural refinements and minor revisions to the design of the office tower and the parking garage. The impact of the design revisions to the project statistics is tabulated in Exhibit "A" to Ray Vera's letter. As noted in his letter, the revisions are as follows: 1. Townhouses: a. Balconies were added at the first level of each unit and an entrance lobby was created at the ground floor of the building. b. All other aspects of the Townhouses remain as in the original scheme. " -I13F; r 16 r Mr. Sergio Rodriguez August 19, 1985 Page 2 2. Parking Garage: a. The internal circulation was rotated so that the ramps.run from north to south. b. Entrance and exist points remain as in the original scheme. c. The lowest basement level was eliminated in order to stay out of the water table. d. The ramps were extended up one more level bringing the total height of the structure to 55 feet in the area outside of the 45 feet height limit. e. The parking garage area within the 45 feet maximum height limit (100 feet from Tigertail remained at 45 feet) . f. The wall along Aviation was designed as three receding planes (+10 feet from front plane to rear plane) in order to reduce the scale of the garage along the sidewalk. g. All other aspects of the garage remain as in the original scheme. 3. Office Tower: a. The footprint of the office tower was changed to a 135 foot square and is being moved toward Aviation in order to comply with the light plane. b. The building height was changed to 21 stories (250 feet high). c. The building elevations were designed using a pre- cast concrete grid with tinted glass window inserts and reflective glass. The reflective glass is now being used only in the corner setbacks from the seventh to the 21st floor. d. The enclosed plaza was changed in favor of a more spacious outdoor plaza. e. The outdoor plaza was redesigned to be more of a "people" oriented space providing platforms at different elevations for "street" activities. The GRCCNotma, TRAUma, ASKCw, HOrrMAN, Uporr, RosCN & OUCNTCL., P. A. 0 0 40 7 Mr. Sergio Rodriguez August 19, 1985 Page 3 geometry of the plaza is more in keeping with the architectural vocabulary of the office tower. Pursuant to Section 2806 of the City of Miami Zoning Code, the applicant requests permission to modify the approved major use special permit with the changes outlined in this letter. The modifications proposed by this application meet the same require- ments as for the original approval. In this regard, as is pointed out in a letter from David Plummer & Associates, Inc., dated August 1, 1985, which is attached hereto for your review, the proposed modifications will result in less automobile traffic during peak hours and on a daily basis than the original plan. In addition to requesting approval of a modification of its major use special permit, the applicant requests that the City find that the proposed changes do not represent a substantial deviation from the approved development order for the Terremark Centre project. Under the criteria established by Section 380.06 (17) (a), Florida Statutes (1983)0, the proposed changes do not create any reasonable likelihood of additional adverse regional impact, or any other regional impact not previously reviewed by the South Florida Regional Planning Council. To the contrary, such changes are presumed not to be substantial deviations since they result in a decrease in the floor area and in the regional impact of the development. See Section 380.06 (17) (b), Florida Statutes (1983) . We would appreciate your assistance in processing this application as expeditiously as possible and advising us as to what other information, if any, is required. Sincerely, Alan S. Gold ASK/sj cc: Manuel Medina Willie Bermillo David Plummer 0 lJ f 0. DAVID PLUMMER & ASSOCIATES INC. CONSULTING ENGINEERS August 1, 1985 Mr. Sergio Rodriguez, Director City of Miami Planning Department 275 N.W. 2nd Street Third Floor Miami, Florida 33128 Re: Terremark Centre - t3233 Dear Mr. Rodriguez: The purpose of this letter is to present a comparison of the traffic generated by the original development program and that generated by the revised development program for Terremark Centre. For your information, the following is a summary of these programs for the subject project. Use Office Retail Residential Recreation Parking Original 314,000 S.F. of G.F.A. 8,000 S.F. of G.F.A. 16 Townhouses 50,400 S.F. bf G.F.A. 333,300 S.F.(1050 spaces) Revised 307,760 S.F. of G.F.A. 7,610 S.F. of G.F.A. 16 Townhouses - 0 - 346,693 S.F.(1050 spaces) Traffic generated by the revised plan land uses has been estimated using the same peak hour and daily trip generation rates, peak hour splits and modal splits as used in the Appli- cation for Development Approval(ADA). Peak hour and daily external traffic volumes for the original and revised programs are summarized below. Time Period Original Revised Decrease A.M. Peak Hour G14 Trips 589 Trips 25 Trips P.M. Peak Hour 590 Trips 565 Trips 25 Trips Daily 3422 Trips 3274 Trips 148 Trips The revised program will generate less traffic, during the peak hours and on a daily basis, than the original program. ' Peak hour and daily traffic volumes will decrease by approxi- mately 4 percent. 42 ;ALZEDO STREET • CORM GABLES • FLORID 3146 (3051 444 2116 h'- - rz a _ 0 Mr. Sergio Rodriguez Re: Terremark Centre - #3233 August 1, 1985 Page 2 If you require any additional information, please contact me as soon as possible. Very, jruly urs/ / Kahart M.'Pinder KMP/cmg cc: Alan Gold Ray Vera A 00 B KV BERMELLO KURKI a VERA. INC *ARCHITECTS. PLANNERS & URBAN DESIGNERS LIAERIA 4bENUE . CORAL GABLES. FLORIDA 33134 . TEL (305) 447 0009 August 21, 1985 Mr. Sergio Rodriguez Director Planning Department 275 N.W. 2nd Street Miami, Florida 33128 Re: Terremark Center Dear Sergio: During the Design Development phase of the subject project, as the architectural design concept was being refined, a number of minor revi- sions were made, particularly to the design of the office tower and the parking garage. The impact of the design revisions to the project statistics is tabulated in the attached exhibit A. Copies of the revised drawings are attached as exhibit B. In essence the revisions are as follows: 1. Townhouse: a. Balconies were added at the first level of each unit and an entrance lobby was created at the ground floor of the building. b. All other aspects of the Townhouses remain as in the original scheme. 2. Parking Garage: a. The internal circulation was rotated so that the ramps run from north to south b. The entrance and exit points remain on aviation as in the original scheme. c. The lowest basement level was eliminated in order to stay out of the water table. d. The ramps were extended up one more level bringing the total height of the structure to 55 feet in the area outside of the 45 feet height limit. .. 4Vr.� L i ,' F. C 3 q .00 B KV BERMELLC KURKI 81 VERA. INC *ARCHITECTS. PLANNERS & URBAN DESIGNERS L"rtERiA AVENUE . CORAL GABLES. FLORIDA 33134 . TEL (305) 447 0009 • August 21, 1985 Mr. Sergio Rodriguez Director Planning Department 275 N.W. 2nd Street Miami, Florida 33128 Re: Terremark Center Dear Sergio: During the Design Development phase of the subject project, as the architectural design concept was being refined, a number of minor revi- sions were made, particularly to the design of the office tower and the parking garage. The impact of the design revisions to the project statistics is tabulated in the attached exhibit A. Copies of the revised drawings are attached as exhibit B. In essence the revisions are as follows: 1. Townhouse: a. Balconies were added at the first level of each unit and an entrance lobby was created at the ground floor of the building. b. All other aspects of the Townhouses remain as in the original scheme. 2. Parking Garage: a. The internal circulation was rotated so that the ramps run from north to south b. The entrance and exit points remain on aviation as in the original scheme. c. The lowest basement level was eliminated in order to stay out of the water table. d. The ramps were extended up one more level bringing the total height of the structure to 55 feet in the area outside of the 45 feet height limit. _F t ! 4P \ At r _ ;r n. suyy; r' • r d tr I I 1 e. The parking garage area within the 45 feet maximum height limit (100 feet from Tigertail remained at 45 feet). f. The wall along Aviation was designed as three receding planes (+ 10 feet from front plane to rear plane) in order to reduce Y the visual impact of the garage along the sidewalk. g. All other aspects of the garage remain as in the original scheme. C. Office Tower: a. The footprint of the office tower was changed to.a 135 foot square and is being moved toward Aviation in order to comply with the light plane. b. The building height was changed to 21 stories (250 feet high). c. The building elevations were designed using a pre -cast concrete grid with tinted glass window inserts and reflective glass. The reflective glass is now being used only in the corner setbacks from the seventh to the 21st floors. d. The enclosed plaza was changed in favor of a more spacious outdoor plaza. e. The outdoor plaza was redesigned to be more of a "people" oriented space providing platforms at different elevations for "street" activities. The geometry of the plaza is more in keeping with the architectural vocabulary of the office tower. We believe that you will find these evolutionary changes to the project to be primarely esthetic in nature and do not significantly change the project as approved in the development order. Sincerely, `Reilnaldo Vera, AIA cc: Many Medina Alan Gold Willy Bermello RV:= 1136 Aiat- �t dO i I. PROPOSED DEVELOPMENT COMPONENTS Description of Use •, ii EXHIBIT A Original Gross S.F. Office 314,900 Retail 80000 Residential 19,200 (16 units) Subtotal ........................ 341,200 S.F. Revised Gross S.F. 307,760 7,610 19,200 (16 units) 334,570 Parking Garage (1,050 Spaces) 333,300 346,693 Recreation 50,400 -0- Subtotal....................... 383,700 S.F. 346,693 S.F. TOTAL GROSS S.F. 724,900 S.F. 682,103 S.F. Plaza (enclosed) 3,800 S.F. Open Space 1159932 S.F. Pedestiran Open Space 43,419 S.F. II. MAXIMUM HEIGHT OF EACH DEVELOPMENT COMPONENT Description of Component Original Ht. Office/Retail 237'-10" (19 stories) Garage 45'-0" Residential 45'-0" III.COMPLIANCE WITH ARTICLES OF DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT: -0- 122,067 S.F. 58,893 S.F. Revised Ht. 250'-0" (21 stories) 451-0"/55'-0" 45'-0" The revised scheme complies with all of the requirements of the Major use Special Permit and the Development Order withuit exeptions. IV. COMPLIANCE WITH ZONING ORDINANCES: The revised scheme complies with all the requirements of the 'Zoning Ordinances, including SPI-17, withourt exeptions. .W. 136 Z-7 EXHIBIT B DRAWINGS OF TERREMARK CENTER 8� -113G L- � #P 6LI 4p c i-1 M 50 o #- k \' L top `i op I _...... CJ .......... .V � ram► r I .� .ram+--+ �.--�..- ♦ 't L- g id ft 0 sr MIN 0 on so is as M a 7 mum mum fs 2: It'. 1: t I lkl tl el el 01 Ns, p . EAST ELEVATION sw&vvow wi MINNE& =IWSW f�. 'r. �05. Lkil k TV 7 7-- i It iml eal =1 =1 =1 Ior 716 — .: a c.�i,'r ■ MIME it ■ I$ K •r•T. li Ma i 1 t L rl . _,y`� a m®®Ju . ❑ ` mom .. R •. ,► ,�.• _ BOO roE3i I ;• • • � i 4 t . �Y�1t �-` aQ•y f.• •N B�Aa "Mom="t i i - i7i :�;c7 z I 14 6 t= MAJOR USE SPECIAL PERMIT AND DEVELOPMENT ORDER EXHIBIT "A" ATTACHMENT TO RESOLUTION Let it be known that the Commission of the City of Miami, Florida, has considered in public hearing on January 240 1985; a) the issuance of a Major Use Special Permit pursuant to Section 2803, Article 28 Major Use Special Permits: Detailed Requirements of Zoning Ordinance 9500 and b) the issuance of a Development Order for a Development of Regional Impact pursuant to Section 380.06 Florida Statutes, said major use and development to be located in the City of Miami, at approximately 2560-2580 Tigertail; approximately 3204-3240 Aviation Avenue; and approximately 2583-2585 South Sayshore Drive, being Lot 1 less right-of-way; lots 2-4, 7-31 and unnumbered lot also known as Lot 32, Block 39 NEW BISCAYNE AMENDED (B-16). ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or easement of record. and after due consideration of the recommendations of the Planning Director and Planning Advisory Board pertaining to the Major Use Special Permit and after due consideration of the consistency of this proposed development with pertinent regulations and the Report and Recommendations of the South Florida Regional Planning Council pertaining to the Development of Regional Impact takes the following action: Authorization to Issue a Major Use Special Permit and Approval of Application for Development Approval both subject to the following modifications: FINDING OF FACT WITH MODIFICATIONS Development 1. The development proposed 7249900 gross square feet of floor area, comprised of the following elements as specified by the applicant in the Application for Development Approval. Page 1 of 21 85-72 8 --1136 } Z � ' I Element Floor Area (S.F.) Office (18 stories) 3149000 Retail (ground level) 8,000 Residential (16 du's) 19,200 Parking (1050 spaces) 333t300 Recreation 50,400 Total 724,900 This project is described and limited as shown on maps N-1 1-G-1 , N-11-H-19 N-11-H-29 N-11-H-3, N-11-H-4, N-11-H-5, N-11-H-69 N 11 H-79 N-11-H-8, N-11-H-9, N-11-H-10, and N-11-K-1 submitted to the South Florida Regional Planning Council on November 30, 1984, prepared by Bermello, Kurki and Vera, Inc. The project is further limited by applicable provisions and procedures of City of Miami Zoning Ordinance 9500, as follows: Per Schedule of District Regulations, Page 3 of 6, District RO (Residential -Office), and per conceptual plan and design schematic plans on file dated November 30, 1984, prepared by Bermello, Kurki and Vera, Inc., with the following parameters for the site bounded by Aviation Avenue, Tigertail Avenue and South Bayshore Drive: Element Plaza (enclosed) Open Space Pedestrian Open Space Office Tower height Garage height Residential height (TH) Floor Area (S.F.) 3,800 s.f. 115►932 s.f. 43,419 s.f. 2371, 1011 451 45' The project, as defined conceptually immediately above, meets the requirements of Zoning Ordinance 9500 subject to the submittal of construction documents in conformity with Zoning Ordinance 9500 and applicable City laws, precedent to the issuance of a building permit, and the issuance of a Class C Special Permit as required by Section 1552 of the Zoning Ordinance. This Exhibit constitutes the conditions for a Major Use Special Permit per Section 2803 of the Zoning Ordinance. THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS WILL: 1. Incorporate the following into the project design and operation to minimize the cumulative impact of Terremark traffic, and its associated pollutant emissions, on air quality: cI ? Element Office (18 stories) Retail (ground level) Residential (16 du's) Parking (1050 spaces) Recreation Total Floor Area (S.F.) 314,000 8,000 19,200 333,300 50,400 724,900 This project is described and limited as shown on maps N-11-G-1, N-11-H-19 N-11-H-2, N-11-H-39 N-11-H-49 N-11-H-59 N-11-H-69 N 11 H-7 , N- 1 1-H-8, N- 1 1-H-9, N-1 1-H-10, and N-1 1-K-1 submitted to the South Florida Regional Planning Council on November 30, 1984, prepared by Bermello, Kurki and Vera, Inc. The project is further limited by applicable provisions and { procedures of City of Miami Zoning Ordinance 95009 as follows: Per Schedule of District Regulations, Page 3 of 6, District RO (Residential -Office), and per conceptual plan and design schematic plans on file dated November 309 1984, prepared by Bermello, Kurki and Vera, Inc., with the following parameters for the site bounded by Aviation Avenue, Tigertail Avenue and South Bayshore Drive: Element Floor Area (S.F.) Plaza (enclosed) 3,800 s.f. Open Space 115,932 s.f. Pedestrian Open Space 43,419 s.f. Office Tower height 2371, 10" Garage height 45' Residential height (TH) 45' The project, as defined conceptually immediately above, meets the requirements of Zoning Ordinance 9500 subject to the submittal of construction documents in conformity with Zoning Ordinance 9500 and applicable City laws, precedent to the issuance of a building permit, and the issuance of a Class C Special Permit as required by Section 1552 of the Zoning Ordinance. This Exhibit constitutes the conditions for a Major Use Special Permit per Section 2803 of the Zoning Ordinance. THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS WILL: 1. Incorporate the following into the project design and operation to minimize the cumulative impact of Terremark traffic, and its associated pollutant emissions, on air quality: Page 2 of 21 85-7060-1 S -1I36 4 A -- designate five percent of employee parking spaces, located as close as possible to elevator and building entrances, for exclusive car or vanpool use. -- actively encourage and promote car and van pooling by establishing a car pool information program, and offering preferred parking spaces and work shifts to car and van*poolers. -- actively encourage and promote transit ridership by providing regular shuttle service, pursuant to Condition 16 below, between the project and the Coconut Grove Metrorail Station, and by providing Metrorail, Metrobus, and shuttle service route and schedule information in convenient locations throughout the project. -- Promote staggered flex -time work schedules, four day work weeks, or other management actions and marketing strategies, that reduce peak demand for roadway capacity and thereby reduce transportation energy use. 2. Design, construct, and maintain the stormwater management system to meet the following standards: -� Retain all washdown water from the parking garage in a vegetated retention area with a raised catch basin(s) that direct(s) any overflow to sedimentation boxes and, subsequently, drainage wells. -- Wash down parking areas only when there is adequate storage capacity in the swale(s). -- Construct all catch basins to retain oil and grease, and regularly maintain the catch basins. -- Vacuum sweep the garage area before every washdown. 3• Submit a revised drainage plan showing swale location, dimensions, general runoff routing network, and calculations which demonstrate adequate Swale capacity to the Council for review and approval before requesting any building permits for the project and as part of the consolidated Application for Development Approval required by Condition 19 below. k. As part of the transportation improvements required in Table 1, reconstruct the street drainage system for Aviation Avenue, from South Bayshore Drive to Tigertail Avenue to manage runoff from a 5-year storm by retaining the first 1.5 inches of runoff in french drains, with overflow from the design storm discharging to Biscayne Bay. If underground utilities prohibit use of french drains, the Applicant will construct a drainage well system capable of managing the 5- year storm. Page 3 of 21 85--7 c 104 5. Incorporate into the development, by restrictive covenant and/or lease or sales agreements, as applicable, hazardous materials accident prevention, mitigation, and response standards, to be met by the Applicant and all tenants classified by a SIC code listed Table 4 of the Council DRI Assessment that use, handle, store, display, or generate hazardous materials (ignitable, corrosive, toxic, or reactive), including those identified in Table 5 of the Council DRI Assessment; provided, however, that the uses in Table 4 and the wastes in Table 5 shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the "County and Regional Hazardous Waste Assessment Guidelines" incorporated by reference into Rule 17-31.03(2), Florida • Administrative Code. At a minimum, these standards shall: -- require that areas within buildings where hazardous materials or hazardous wastes are to be used, displayed, handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. -- require that the loading/unloading of any hazardous material or hazardous waste shall occur in a covered loading/unloading dock with a spill containment area not connected to the project drainage or sewer system. -- prohibit any outside storage of hazardous materials or hazardous waste. -- require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and to provide to Dade County DEEM copies of one of the following forms of documentation of proper hazardous waste management practices: - a hazardous waste manifest; - a shipment to a'permitted hazardous waste management facility; or - a confirmation of receipt of materials from a recycler or a waste exchange operation. -- notify any tenant generating wastes of the penalties for improper disposal of hazardous waste pursuant to Section 403.727, Florida Statutes. -- Allow reasonable access to facilities for monitoring by the City, Dade County DEEM, and Florida DER to assure • compliance with this development order and all applicable laws and regulations. Page 4 of 21 85--'72 1 ■ 6. Remove all invasive exotic plants from the project site as the site is cleared, and amend the landscape plan to ensure use of only those plant species included in Table 6 of the Council DRI Assessment in future project landscaping. 7. Prior to any site clearing, consult with, and follow the recommendations of, the Dade County Urban Forester concerning transplanting trees presently on the site. 8. Delay construction up to three months in any area where potentially significant historic or archaeological artifacts are uncovered, and permit State and local historic preservation officials to survey and excavate the site. ' 9• Obtain the necessary approvals from Dade WASA for water and ' wastewater service. 10. Construct the building to allow emergency helicopter evacuation from the roof. 11. Collaborate with the Police Department to incorporate security measures and systems into the design and operation of the project. 12. Enter into an agreement with the City to contribute a fair share of capital facilities required to provide adequate sanitary sewer and fire service to the project, or, in the alternative, pay a fair share contribution pursuant to an adopted City impact fee ordinance pertaining to fire service and sanitary sewers if such impact fee ordinance is adopted by the City prior to obtaining final certificates of occupancy for more than 200,.000 square feet of development on -site. 13• Incorporate the following energy conservation measures into the development: -- Landscape shading of open spaces. -- Separate electric metering of office and residential tenants. Use of natural light and fluorescent task lighting. -- Hot water temperatures set at or below 9O0F, except where otherwise specified by health codes. -- Central energy management system, in the office tower that will provide start/stop optimization, time of day scheduling, electric demand limiting, night temperature setback/setup, programmed maintenance, and building lighting control. Page 5 of 21 85-7 Y' -- Air distribution using a variable air volume system. -- Insulated glass that is tinted or solar reflective. -- Airlock doors at major project entrances. -- Light -reflecting and/or light colored wall and roof surfaces, with solar absorption coefficients less than or equal to 0.50. -- Bicycle racks and storage areas for project employees. -- Lavatory water flow of 0.8 gallons per minute or less, water closets that use no more than three and one half gallons per flush, and flow restricting shower heads. -- Reduction of cooled space by thermally isolating non- critical areas, such as closets and other storage areas. -- High efficiency air conditioning systems with minimum EER rating of 10.0 in the office tower and 9.5 in residential areas. -- Measures that effectively yield, in the cooling mode, R-11 in walls and R-19 in ceilings. -- Non -electric energy sources for space heating, cooking, and water heating, if feasible. -- Solar water heaters in townhouse units, as feasible. -- Computerized elevator control system (Otis Elevonic or equivalent). 14. Construct all roadway and intersection improvements identified in Table 1 and dedicate the improvements to the City, prior to issuance of final certificates of occupancy for more than 200,000 gross square feet of development on - site. 15. Deposit $60,000 in an interest -bearing escrow account as partial construction funding for the County -programmed 4-laning of NW 27th Avenue from US 1 to South Bayshore Drive, prior to issuance of certificates of occupancy for more than 200,000 square feet of final gross floor area on - site. Such funds will be released to the County at any time upon request. The Applicant will annually notify the County Public Works Department of the availability of these funds until such time as the County expends these funds. A copy of this notification will be included in the annual report required by Condition 20 herein. Page 6 of 21 SS-'7Z 04 A TABLE 1 APPLICANT'S RECOMMENDED ROADWAY IMPROVEMENTS Cost Year Location Improvement 1984 dollars 1987 Aviation Avenue from 3 lanes, middle $100,000 S. Bayshore Drive to lane for left turns Tigertail Avenue (Figure 1 ) . 1987 SW 27th Avenue/Tiger- NB, SB thru lanes 70,000 tail Avenue NB left -turn lane WB right -turn lane r (Figure 2) 1987 Aviation Avenue/ EB left -turn lane 45,000 Tigertail Avenue on Tigertail WB left -turn lane on Tigertail to Aviation Avenue (Figure 1) WB left -turn lane on Tigertail to Terremark drive-in bank entrance 1987 Aviation Avenue/S. NB left -turn lane 15,000 Bayshore Drive on Bayshore ( Figure 1 ) Sub -Total $230,000 Page 7 of 21 85-74V 8� 1136 <v J 1 F 1 GURE 1 AMMON AVE AND M MSECTION FAMOVEMENTS h v D Q x COST" -VOL PR0 sm SOURCE: ADA !r Page 8 of 21 4b / 85-9 7,2: A SOURCE: ADA FIOUR[ 2 RECOMMENDED IMRROVEMENTS: SW 27TH AVENUE/TIGERTAIL AVENUE t i Q iZ s E UST04G I a Jll � a I �t � JIt �I PROPOSED Page 9 of 21 SS --7 41P Alb, 16. After final certificates of occupancy are issued for more than 200,000 gross square feet of building space, provide shuttle service each weekday using a minimum of two vans or buses to and from the Coconut Grove Metrorail station at 10-minute or less intervals from 7:00 to 10:00 am and from 3:30 to 6:30 pm, and at 30-minute or less intervals from 10:00 am to 3:30 pm (off-peak). 17. Work with the City to prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of the Development Order. 18. Work with the City to develop a Minority Contractors/Subcontractors Participation Plan to be submitted within ninety (90) days of the issuance of this Development Order. 19. Consolidate all original and supplemental ADA information into a revised Application for Development Approval (ADA), and submit three copies of the document to the Council and one copy to the City and the Florida Department of Community Affairs within ninety (90) days of the effective date of this Development Order. 20. Prepare and submit a monitoring report, twelve (12) months from the date of issuance of this Development Order and each twelve (12) months thereafter until a final Certificate of Occupancy is issued; to the South Florida Regional Planning Council; the State of Florida Department of Community Affairs, Division of Local Resource Management; all affected permitting agencies and the Planning Director, City of Miami Planning Department. This report shall contain, for the preceding twelve (12) months. -- A general description of construction progress in terms of construction dollars and employment compared to the schedule in the applicant's Application for Development Approval. -- A cumulative list of all permits or approvals applied for, approved or denied. -- A statement as to whether any proposed project construction changes in the ensuing twelve (12) months are expected to deviate substantially from the approvals included in this Development Order. -- Any additional responses required by rules adopted by the State of Florida Department of Community Affairs and any other information required by Section 380.06(14)(c)(3) F. S. Page 10 of 21 85-'7 8: -. 136 5 5 f Further, throughout project operation, and unless and until Rule 17-31, Florida Administrative Code, is repealed or otherwise declared null and void, the annual monitoring report shall include the following information: -- Identification of all tenants that meet the criteria established in Tables 4 and 5 of the Council DR! Assessment, as may be amended pursuant to Condition 5 herein. -- For each such tenant, copies of one of the following types of documentation of appropriate hazardous waste disposal: - a hazardous waste manifest, - a bill of lading from a transporter indicating shipment to a permitted hazardous waste management facility, or - a confirmation of receipt of material from a recycler of a waste exchange operation. -- Description of any incidents or spills of hazardous materials, including but not limited to those in Table 5, as it may be amended; and specification of the actions taken to clean up and dispose of the spilled material. The Planning Director, City of Miami Planning Department, or a project director to be named later, is hereby designated to receive this report, and to monitor and assure compliance with this Development Order. 21. Give notice to Richard P. Brinker, Clerk, Dade County Circuit Court, 73 West Flagler Street,. Miami, Florida, 33130, for recording in the Official Records of Dade County, Florida, as follows: a) That the City Commission of the City of Miami, Florida, has issued a Development Order for the Terremark Centre Project, a ' Development of Regional Impact located at approximately 2560-2580 Tigertail; approximately 3204- 3240 Aviation Avenue; and approximately 2583-2585 South Bayshore Drive, being Lot 1 less right-of-way; lots 2-4, 7-31 and unnumbered lot also known as Lot 320 Block 39 NEW BISCAYNE AMENDED (B-16). ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or easement of record. Page 11 of 21 SS-7& 8 --- 113 i SL- 0% A b) That Grove Bay Plaza, Limited, is the developer with offices at 2600 SW 3rd Avenue, Miami, Florida, 33129. c) That the Development Order with any modifications may be examined in the City Clerk's Offices, 3500 Pan American Drive, Dinner key, Miami, Florida, 33133. d) That the Development Order constitutes a land development regulation applicable to the property; that the conditions contained in this Development Order shall run with the land and bind all successors in interest; it being understood that recording of this notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice of any of the same. THE CITY WILL: 22. Withhold issuance of final certificates of occupancy for more than 200,000 gross square feet of development on -site until the Applicant has complied with Conditions 14 and 15. 23. Stay the effectiveness of the Development Order and 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, if Conditions 1 through 19 have not been complied with within four years from the effective date of the Development Order. Should the Development Order be stayed pursuant to this condition, nothing herein shall be construed to limit Condition 21 below that this Development Order runs with 'the land, and its terms and conditions are binding on the Applicant, its successors, and/or assigns. 24. Enter into, within one year of the date of issuance of the development order, a fair -share agreement with the Applicant to contribute to necessary improvements in fire service for the project. 25. Consult with the Applicant to ensure incorporation of security measures and systems into the design and operation of the project, including provision for emergency helicopter evacuation from the roof of the office tower. General 26. The Application for Development Approval is incorporated herein by reference and is relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Page 12 of 21 85-7AW0-1 0 Approval is a condition for approval unless waived or modified by agreement among the Council, City and Applicant, its successors and/or assigns. CONCLUSIONS OF LAW The Terremark Centre Project, proposed by Grove Bay Plaza Limited, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations being Zoning Ordinance No. 9500; and The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami; and The development is proposed p generally consistent with the Report and Recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives* set forth in Chapter 380, Florida Statutes. Page 13 of 21 85-70W. C3as �11�1'i S -t' { t ' i....�i W70- row vet tit ' ~ • +• �.�A�I—„% N-1 t H-2 Y Paae 14 of 21 85- i '0': 2 1 1 1 A T 00000000 cPppm, _ .w RUMWP m I RECREATIONAL LEVEL —PARKING ROOF DECK EAST ELEVATION U-Lj Kol of Z C r WEST ELEVATION N W CA I 0 0 �1. --'IN r 'tf p NORTH ELEVATION inj co O N CA ra 1 0 SOUTH ELEVATION M�NNNNNMIN MNM 'M M N I I i � •ICI '1n nnnnnnn 1 : ! � nnnnnnnn� , 7nnnnnnnn� Mr1rnnnrnrnnn l -�nnnnnnnnnn .Irnrlrinrnnnnnrtn nnnnnnnnnnnnrn nnnrinnrnrnrlrMnl nnnnnnnnnnnnr� 1 I 1 2 SECOND FLOOR PLAN ui-i K 1 1 / J► V a A fp N O EJ O N 1 FOURTH FLOOR PLAN u%-j THIRD FLOOR PLAN TYPICAL FLOOR PLAN (5-14) .> 1 Ir- 9 a fy I" FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -FIRST NAME -MIDDLE NAME KBN'i�1r'ny , RI OSr Rzn THE BOARD, COUNCIL,COMMISSION• AUTHORITY, OR COMMITTEE ON MAIWHICH I SERVE IS A UNIT OF: M GQ�D� 3�aESS n rmer�_can Drive CITY* O b CITY O COUNTY O OTHER LOCAL AGENCY O STATE .•�iami RaveTY NAME OF POLITICAL SUBDIVISION OR STIjITE AGENCY DATE ON WHIc H VOTE CUR E November f , � 65 NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE City of Miami Commission WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e„ those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official rapacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN IS DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. in such cases, however, the oral and written disclosure of this part must be made. ,V-7 I, 1, the undersigned local public officer, hereby disclose that on Nove14(" I 439 S' (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of �R�2K •G • • r ` i I �J , by whom I am retained. CE FORM 4- REV. 1044 PAGE I' J (b) The measure on which I abstained and the nature of my interest in the measure is as follows: s" item 12 (R-85-1136) : amendment to Exhibit "A" of the Pelrelot,ment Order and rialor Use Gnecial Permit for Terremark Centre. Date Filed Signatur Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1994).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part H below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on , 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES# 112.3170993). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FORM 4- REV. 1044 PAGE 2