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
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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 ]..%
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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
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ENC: a/s
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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
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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
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OFFICE OF THE CITY CLERK / City Hall 35M Pan American Drive / P.O.Bo► 330708 / Miami. Florida 33233-0708 / 005) 579.6065
R
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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
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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
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CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
12
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-
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;
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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„
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8" -w1136
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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)
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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
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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
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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"
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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
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O:-C;EA' S L I ST
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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--
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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�
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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
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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. /
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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
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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 . - '
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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;
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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
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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
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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.
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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.
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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
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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
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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
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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
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PR0 sm
SOURCE: ADA
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Page 8 of 21
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85-9 7,2:
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SOURCE: ADA
FIOUR[ 2
RECOMMENDED IMRROVEMENTS:
SW 27TH AVENUE/TIGERTAIL AVENUE
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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
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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