HomeMy WebLinkAboutR-85-0451J-85-183(A)
4/5/85 RESOLUTION N06
RESOLUTION OF THE CITY OF MIAMI COMMISSION
AMENDING PARAGRAPH 26 OF EXHIBIT "A"r
RESOLUTION 81-840t DATED SEPTEMBER 24p 1981p
AS AMENIDEDo BEING A DEVELOPMENT ORDER WHICH
APPROVEDr WITH MODIFICATIONSt THE MIAMI
CENTER 11 DUPONT PLAZA PROJECT; SAID
AMENDMENT EXTENDS THE TIME DURING WHICH
SUBSTANTIAL CONSTRUCTION MUST COMMENCE TO
JUNE It 1985; FURTHERp FINDING THAT SAID
AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL
DEVIATION FROM THE TERMS OF THE MIAMI CENTER
11 DUPONT PLAZA PROJECT DEVELOPMENT ORDER;
AND DIRECTING THE CITY CLERK TO SEND THIS
RESOLUTION TO AFFECTED AGENCIES AND THE
DEVELOPER.
WHEREASt the Miami Planning Advisory Board# at its meeting
of February 6y 1985t Item 2F following an advertised hearing,
adopted Resolution No. PAB 12-85, by a 6 to 0 votel recommending
that the City Commission find that the proposed amendment of the
Development Order for the Miami Center II Dupont Plaza Project as
hereinafter set forth constitutes a substantial deviation;
further recommending that said amendment and other significant
modifications proposed at that time to the Development Order for
the Miami Center II DuPont Plaza Project be referred to the South
Florida Regional Planning Council;
WHEREASp the City of Miami Commission by Resolution No.
81-840, dated September 24p 1981, issued a Development Order,
approving with modifications the Miami Center II DuPont Plaza
Projectr a Development of Regional Impact to be located within
the City of Miami on all Blocks 1. 2 and 4, DUPONT PLAZA (50-11),
approximately 201-399 Southeast 2nd Avenuel 201-399 Southeast 4th
Street (Biscayne Boulevard Way)# which Development Order was
amended by the City of Miami Commission by Resolution 82-71 dated
January 28p 1982;
WHEREAS# on March 28, 1985, in public hearing before the
City Commission on this item# subsequent to Planning Advisory
Board Resolution No. PAB 12-85, the applicant, Miami Center Joint
Venture, voluntarily withdrew all the requested a 63"010MMUSION
f MEETING OF
APR 18 1985
RESOLUTIU,v wu. M-451-
RKS.
modifications except for a request for a time extension to
june 1# 1985t and
WHEREAS# the City Commission deems it advisable and in the
best interests of the general welfare of the City of Miami to
amend the Development Order as hereinafter set forth.
NOWt THEREFOREr BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMIr FLORIDA:
section 1. Resolution 81-840p dated September 24p 1981p
being a Development Order approving with modifications the Miami
Center It Dupont Plaza Project, is hereby amended in the
following particulars:1
A. Paragraph 26, Exhibit "A", of the Development Order is
hereby amended as follows:
"R6r-'Ph e -Bev e * opment-Order-sholi -be-na+l-and
void-if-substnatiai-development-hes-not
began-in-twe-+2+-yeare-and-theee-handred
forty-e4ght-+348+-days-of-the-eeearded
date-of-th*e-Beve+epement-Geder-or-by
hpr+l-BST-1986v--Substantial-development
is -def*ned-here+n-as-the-aeh4evement-of
the-fe*3:ew+n9-item9-.
F"":
26. The Develoement Order shall be null and
void it Substantial developmgnE Has not
bequn by June im, 1985. §ubstantial
deve opmen is defined Herein as the
achievement of the Following* Ttems%
start of construction of building
foundations for the Condominium
Tower and garage;
i
obtaining all required permits,,
variances, and approvals;
J,
preparation and approval of raised
pedestrian circulation element
plans;
1
dedication of all right-of-way;
the deposit of all monies# bonds,
or letters of credit for surface
street improvements with the County
or the State;
finalization of a public sector
financing package and/or a private
sector front -ending agreement for
construction of the 1-95 bifurcated
ramps;
Words and/or figures stricken shall be deleted. Underscored
words and/or figures shall be added. The remaining pro-
visions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
2
-451'
85
construction of the drainage system
for the Condominum Tower and Miami
Center 11 garage.6
Section 2. The Commissionp following a public hearing at
which interested parties were given the opportunity to be heard#
finds that the amendment to paragraph 26 does not constitute a
substantial deviation from the Miami Center It Dupont Plaza
Project Development Order approved by the City of Miami
Commission by Resolution 81-840, dated September 24# 1981 as
amended by Resolution 82-71t dated January 28, 1982.
Section 3. The City Clerk is hereby authorized and
directed to send certified copies of this Resolution immediately
to the Florida Department of Community Affairs# Division of Local
Resource Management# 2571 Executive Center Circle Eastr
Tallahassee# Florida, 32301; to the South Florida Regional
Planning Councilp 1515 Northwest 167th Streett Suite 429, Miami#
Florida; and the Miami Center Venture, 300 Edward Ball Building,
Miamip Florida 33131.
18 APRIL
PASSED AND ADOPTED this day of 1985.
ATT T: MAURICE A. FERRE
C,
01
RAORME A. FERRE, Mayor"'
-G
FALPH ONGIE
City Clerk
P.
PREPARED AND APPROVED BY:
e
AVt;nrt&c%C&%ity Attorney
S is
PROVED AS TO FORM AND CORRECTNESS:
Z2
LUCIA A. DUUNGHERTY
City Attorney
JEM/wpc/ab/407
3
85-451L
INTER -OFFICE ?,,".Er.IORANDUr I
Ralph Ongie April 30, 1985
City Clerk
April 18, 1985 city Commission
Agenda � Resolution 85-453
Jej correction on Page 2
q E. Maxwell
ASI stant city Attorney
Please substitute the attached Page 2 in Resolution No.
85-451. There was a scrivenerB error under Section 1.
A. 26. Line 3 read: June 21, 1985, it was corrected to
read: June 1, 1985.
JEM: ia
Attachment
C',
85-451L
SS!,-451:
Sergio Pereira ATE April 5, 198S 01LE:
anager RESOLUTION - MIAMI CENTER 11
APPROX 201-399 SE 2 AVE A APPROX
201-399 SE 4 ST (BISCAYNE BLVD WAY)
4t c
or COMMISSION AGENDA - APRIL 189 198S
Planning and Zoning Boards PLANNING AND ZONING ITEMS
Administration Department
it is recommended by the Planning
Department that an amendment to the
Development Order for Miami Center 11
DuPont Plaza ProJect to extend the
time during wh1ch substantial
mmence to June 1.
construction must co
198S be approved.
At City Commission of March 28, 198S, Miami Center Joint Venture, the
to the Miami Center 11 DuPont
applicant, withdrew the requested amendments
Plaza Development Order (Resolution 81-840, September 24, 1981 and 82-71,
The City
January 28, 1982) except the request for a time extension.
Commission continued the item to the April 18, 198S City Commission meeting.
Based on the applicants withdrawal of all amendments except the request for a
the Planning
time extension with which substantial construction must commence
Department recommends approval of said time extension to June 1. 1985 and a
finding of no substantial deviation.
Backup information is included for your review.
A RESOLUTION to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration of the City Commission
AEPL:JWM: 111
cc: Law Department
85--r451'
3. . . . . . . 'AN
PLANNING FACT SHEET
APPLICANT Miami Center Joint Venture:
February 6. 1985
PETITION 2. APPROXIMATELY 201-399 S.E. 2ND AVENUE-.
ALL OF 50CHT-2 9 3 AND 4
DU PONT PLAZA (50-11).
Consideration of recommendations concerning a) a
finding of no substantial deviation and b) an
amendment to paragraph 26,, Exhibit "All Resolution
81- 840; September 24, 1981 as amended being a
Development Order, approving with modifications
the Miami Center II DuPont Plaza Project, a
Development of Regional Impact: which amendment
extends the time during which 3ubstantial
construction must commence to June 1, 1985.
(Note: This item was continued from the Planning
Advisory Board meetings of November 14 . and
December 5, 1984.)
REQUEST To consider a substantial deviation and time
extension amendment to the Miami Center II DuPont
Plaza project Development Order.
BACKGROUND The Miami Center II DuPont Plaza Development Order
(Resolutions 81-840; September 24, 1981, and 82-
71; January 28, 1982) allowed the developer, Miami
Center Joint Venture, to proceed to develop the
three vacant blocks in DuPont Plaza.
This Development Order allowed development of the7
6 acre site to a Floor Area Ratio of 13-95 (net)
comprised of a 59-floor office tower, a 74-floor
condominium tower, a 4,000 car parking garage.
Public agencies have responded favorably to this
development by a) revising the 1-95 approach to
Du Pont Plaza through the bifurcated ramp, b.j
relocating a proposed DCM station from east of SE
3rd Avenue to west of SE 3rd Avenue.
The Development Order obligated the developer to
certain conditions, among which were several which
were advantageous to downtown, the City of Miami,
Metropolitan Dade County and the State of Florida,
summarized as follows:
Condition 10. a - joint funding of pedestrian
promenade and pedestrian
bridges.
PAB 2/6/85
Item #2
PaLe..l
lso�-451'- -�
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- .". P.Q... - � - a.. P'"OP, — , ,
do
Condition 13 a - dedication of easements and
rights -of -way for the 1-95
bifurcated ramp system and
pedestrian systemo subject
to City grants of variances
and conditional use.
Condition 14 a - Prepare plans for the
bifurcated ramps (estimated
as $9219800 in 1980
dollars).
Condition 15 a - fund, bond, or provision of
a letter of credit for
$813,200 (in 1980 dollars)
or $971t000 (April 1984
dollars) for local street
improvements. Note that
$481j598 (in 1980 dollars)
was attributed to Miami
Center 1. Any additional
costs for relocating DCH
station on 3rd Street are'
the developer's
responsibility.
Condition 16 - Construction of direct ramps
from Miami Center II parking
garage to the 1-95 connector
(Estimated as $1.5 million
in 1980 dollars).
Condition 18 Front end $11.68 million (in
1980 dollars) or $13.96
million (in April 1984
dollars) for 1-95 bifurcated
ramp construction if a
public sector financing
package cannot be arranged.
The following actions have been taken previously
to extend the Development Order which would
otherwise become null and void in two years from
the date of the Developpent Order unless
substantial construction had ii6mmenced:
— By Resolution 83-1006, October 27, 1983, the
recorded date of the Development order was
confirmed as May 129 1982.
— By Resolution 84-527, May 10p 1984, the date
upon which the Development Order became null
and void was extended by 75 days (2 years and
PAB 2/6/85
Item #2
Page
857451L -z
I
75 days from May 12j, 1984) or unti I
July 26, 1984.
By Resolution 84-762; July 12, 1984,, the date
upon which the Development Order became null
and voi d was extended by 5 days (2 years and
80 days from May 12, 1984) or unti 1
July 31,, 1984.
By Resolution 84-916, July 31,, 1984, the date
upon which the Development Order became null
and void was extended by 85 days (2 years and
165 days from May 12, 1982) or unti I
October 24, 1984.
By Motion 84-1139; October 10, 1984, the
Development Order was continued to December
20, 19841, pending a public hearing an
December 13, 1984.
By Resolution R-84-1393, December 13, 19849
the date upon which the Development Order
became null and void was extended by 126 days
(2 years and 348 days from May 12, 1982) or
until April 25, 1985.
ANALYSIS
RECO144ENDATIONS
PLANNING DEPT.
Based on the applicants withdrawal of all
amendments except the request for a time extension
within which substantial construction must
commence; the Planning Department recommends the
time extension, to June 1, 1985 and a finding of
no substantial deviation.
PLANNING ADVISORY BOARD
Continued to December S,, 1984, to the meeting of
January 16, 1985.
CITY C014MISSION
Continued to February 14, 1985.
PLANNING ADVISORY BOARD
Continued on January 16, 1985, to the meeting of
February 6. 1985.
PLANNING ADVISORY BOARD
On February 6. 19859 by a 6 to 0 vote, recommended
that the amendments constituted substantial
deviations; to be referred to the South Florida
Regional Planning Council.
CITY COK41SSION
At its meeting of Februiary 14, 1985, the City
Commission continued action on the above.
PAB 2/6/85
1 tem #2
Page 3
85-rUk
L/
iE;
At its meeting of February 28, 1985, the City
Commission continued action on the above to its
meeting of March 28, 1985.
At its meeting of March 28 9 1985 , the applicant
withdrew all of the requested amendments, except
the request for a time extension to June 19 1985.
The Commission continued the item to April 18
1985.
PAB 2/6/85
Item #2
Pge 4
5-4,51-- 5
. . . . . . . . ....... ....
. . . . . . . . . . . . . . . .
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TRACT D
PAB January 16. 1985 AS 36
APProx. 201-399 SE 2 Ave
201-399 SE 4 St AP (CO) 36
HRICKFLL KEY ON,-,
0
. 49
- ji
JV -
74
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PAO January 16, 1985 AS 36
Approx. 201-399 SE 2 Ave
9AI-100 tr A tf* jkP Irni if..
. , .. . - .. - - -V%V- .. .
CITY OF MIAMI
PLANNING AND ZONING BOARDS
ADMINISTRATION DEPARTMENT
275 NW1 2 STREET
MIAM19 FLORIDA 33128
APPLICATION TO AMEND DEVELOPMENT ORDER
Section 2806 of Zoning Ordinance 9500, changes in approved Major Use
Special Permit, reads as Follows:
Changes in an approved final application for
major use special permit, or final application
approved with attached modifications, conditions,
or safeguards, may be permitted after application
to the director of the Department of Planning by
the original applicant or successors in interest.
Upon receipt of such an application for change.
�.7 the director of the Department of Planning shall
prepare a statement demonstrating whether or not
ok such changes would meet the same requirements as
for the original approval. The director shall
transmit such statement, together w1th recons, n
dations an the proposed changes, to the City
Commission. The Commission may take such action
as in appropriate in the matter; provided, if
the Commission has not acted after two (2)
regular meetings of the Commission have been held
following receipt of application for change, the
recommendations of the director of Planning shall
be deemed to have been approved.
Where requests for changes are made that are
found not to be within the requirements for
42'
original approval. application for such changes
shall be made as for an original application for
major land use special permit.
REQUIREMENTS:
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 Ownership form.
3. Certified list of owners of real estate within 375'
radius from the outside boundaries of the subject
parcel.
4. Fee of $300.00 to apply toward cost of processing.
a -
orm. A00-1
pion I Af 9
85-451: r;
C
1.4
DATE JaA-Uaa 22 129S
The under signed. being the owner or the representative of thi owner
of the property located at A=rOximtel-v 201-390 _Q_r_ 2na_Lvenua =LTatsly 201-399 S.E
4t.h. Stl__-Vet (Biscayne Bouleg=' rjay , i
AND MORE PARTICULARLY DESCRIBED AS:
ALL CF BL= 2, 3 AW 4,, DU PW pLvA (sc)-n) .
ilegai oescriptionj
dol%es) respectfully request the approval of the City of Miami for the
following amemdment(s) to the Development Order for the above -described
property -'as defined by Florida Statute 380.06:
Consideration of recommendations concerning a) a finding of no
substantial deviation and b) amendments to paragraphs 1. 15b, and 26 and
Figure 3 Modified Recommended Highway System, Exhibit *A8 Resolution
81- 840; September 24, 1981 as amended being a Development Order,
approving with modifications the Miami Center II Du Pont Plaza Project,.a
Development of Regional Impact: which amendments increase! -the elevation
and gross building area of office tower one; change the permissible use
of the condominium tower to office use; decrease the gross building area
of the office (formerly condominium) tower two; increase the gross
building area of the retail areas in the galleria and mall and parking
structure; permit the use of two floors as an exhibition hall if
exhibition space is required by the City of Miami, and delete a provision
requiring the posting of funding,, bond or letter of credit for road
improvements prior to issuance of a certificate of occupancy for the
Miami Center I (Ball Point) Project, extend the time during which
substantial construction must commence and deleting a portion of S.E. 3rd
Avenue from the Modified Recommended Highway System.
(Note: This item was continued from the Planning AdvisM Board meetin*gs
of November 14, December S. 1984, and January 16, 198S.)
-4IX%1?'-ffNTER JOINT vEA-1-i.UgF.
SIGN'ATURE By: -,71,1;W1
The- re B Gbuld, Partne
NAME MMIX CENTER JOINT VENTURE
ADDRESS 300 Edward Ball Building, 100 Chopin Plaza 1�v
CITYO STATE, ZIP Miami, Florida 33131
This application is approved denied
in accord wit h. City Commission on Resolution No.
other
F_ t - b J L i - t' - T
Us
1-41"',
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'85 .02
BOSOM 90, the uMeftiz-Ad autherit7, this day permmUy
a MODORE 91. GOULD
--- -1- �- � v ift bftM by me MM duly mom.
Won oath, depwm and swn:,
L That he Is the jww, or the legal zePremMative of the
owner, - the accot=m/Ing catica for a pAlic beWIM as-
recpIred by Ordinance No. 9SOO of the Code of the Mty of Mad. Florlda.
8fl-ectinIg the real PMPert7 located in the City of MaW as described md
Ustud on the I g m attached to this aMdavit, and made a put thereof.
2. Thaw. an emers Q%ir.-h he zepzwc=, if an7, bare &Lven their
full and cociplete permLssim for bim to act in their bdulf for tIlm chance
or =d-'r4=t:L= of a clazsL4!=ticm or 91.fttd CM of zc:d = as set C= In
the accccvarwing Petition.
3- Mat the PaPs attiached hwew and Made a Pam of tWA
P
affidavit contain the =-.=t rams, mmilimm a&L-essest ==bi:rs =d
limuml descr#ticns for the ma.3. ;mpcty vh4cb be Is the or 401
4. Me facts -as rePw=tad in tba and dcc=e=
suboitted in =Juncmion with this aMdavit are true and carmect.
Pux—thw Affiazz s"uth not.
Scwn. to and Subscelbed before me
ttz fty of Jammxv;q 95
Mxary PubUr.,, etate--t�FlWida at, large
iL (sm v
(F=M) TEMIODOREE B. GOULD
Ile
V f:;-,)
.dW
My C=Ls�ion Mc;�Im:
MARY PVqL:C STAIC or FLOItMA
NY CON'SSION EXP- OCT 22,1988
Gme Map UWAL in. U80.
Fin" IC 36U. 0, ,r2wm VAJ6
'NOTATPUSUC STATi OF FLOWN
90NOW TM CENEAAL MUMNa UND
g,C,#AMjjjcr& Lx= JUIX A 1244
JA
135-45 _
A—Iner, % "ism 41crift-t vehtuft
a nter
Mailing Address Ball 13uildiqg,. 100 Chopin Pla2a
i, Florida 33131
Teleohome 4umber No�6102
Legal Descriptiont.
Owner, s Nam
Mailing Address
Telephone Number
Legal Description:
Owner I s Nam
Mailing Address
Telephone Number
Legal Description:
J
Any other real estate property mmed Individually, jointly. or severally
(by cor;oratlon, partnership or privately) within 3751 of the subject
site is listed . as follows:
St�eet Address Legal Description
Street Address Legal Description
Street Address Legal Descripti-on
DISCUS= MAZWMATP
1, taqal description and street add of subject. real
All of Blocks 2#3 and 4, DU PDXT.PLAZA .(56-11)
Approxir-ately 201"399 S-E& 2nd Avenue; approximately
201-399 S.C. 4th Street (Biscayne Boulevard 'llay)
2. ownerts) of ZL36;ect real percentup of omersshLpe
Nota: City of Miami Ordinance No. 9419 requires disclosure at aU pa —ties
FalmvTnq a iinancial interest# either direct or indLrect, in the subject
matter of a presentationt, request or petition to the City Comission.
Accordinglyr question t2 requires disclosure of all shareholders of
corporationso, beneficiaries of trustst wWcr any other interested partie-11,
together with their addresses and pco.-octionate interest.
-,�L-11
IA.% - CENITERnJOINT VENTURE
Theodore B. Gould, 50% Partner
300 Edward Hall Building
100 Chopin Plaza
Iliam-4, riarida 33131
O01,*ym.p4a & York Florida Equity Corp*.',, 50% Partner'
One Financial Plaza, Suite 2210
Ft.'Lauderdale, Florida.
3. Wal desc.-i-,-.icn and street address of any real pro rty (a)
owned by any party listed in answer to %asticin #2,, and (b) located within
375 feet of the subject real ko, rty.
miani Cente--.Joj.nt Venture owns South portion of Tract Dr
DU PONT PLAZA (50-1,1); approximately 201-399 (S.) Biscayne
Boulevard.
Theodore B. Gould is general partner of miami Center Limited
Parnership phich owns: The Ndrth portion of Tract 0;
DU PONT Pi.�ZA 50-11); approxihately 100 Chopin Plaza.
Partner of owner
S=Z OF -FIMMA SS:
=4y OF M=
THEODORE Bo GOULD being duly ==,r de -poses and
Swp tnat ne is tne Pa.-r-ner ox Owner of the real pray.erty
des=ibed in answer to %umtion 11. above: that he.has read the f=ecj ing
x=wers and that the sane are true and- cc=. lete-, and (if acting as attorney
for owner) that he has authority to exeicute this Disclosure of Ownership
fc= on behalf of the owner.
(SEAL)
Theodore B. Could
SCIFt"11 TO AND SMSC2TPm
before me this
day,of %
Ve
Kc-to:7 aZiice sta 7.
?IM"Ida at Laitp
C.-We Ld -M
MY Gerrow u4d vw%,. COV- WI-
Fsomw A4 I tot b 1;
Wily POILIC STATI CF FLORMA
7 %;At4. TrNV-IZ t7AT; OF FLC.-,,.D^
Wr COMMON 91F. OCT n.1988 ACUM THRU QNWL INSUZAt.-C.-- USO
faverl At R."LAI 141 C .11 PI IR $ .1 U 3 At
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.. . .. . . : � ...*. ., :.. . .. ly
#R3_8 PIUAPIA YORN FLORIDA SOUTTY CORP.'"'
V ft.
February 6p 1985
3XID-DELIVERY
Mr. Joseph W. McManus
Planning Director
City of Miami
275 N.W. 2nd Street
Miami# Florida 33130
Ret Miami Center I and 11 Develooment orders
Dear Mr. McManus:
This letter is to advise you that Olympia & York Florida
E<Viity Corp. will not oppose the application to amend the Miami
Center I (Ball Point) Development Orderr and we support the pro-
posed amendment to the Miami Center 11 Development Orderst both
of which are scheduled for hearing before the Planning Advisory
Board this evening and the City Commission on February 14, 1985.
our position is based upon the understanding that the only amendr
ments are those specifically set forth in the attached resolu-
tions Mr. Gould's attorney prepared and sent to you and us
yesterday.
We were recently furnished with a copy of a proposed
agreement regarding Miami Center I and Ilp which Mr. Gould's
attorney drafted. We did not authorize Mr. Gould, on behal! olue
the Miami Center Joint Venture, to negotiate with the City or to
eX3CUte any such agreement and we understand the City is not
asking the Miami Center Joint Venture to sign any agreements at
this time. If the City wants to negotiate any other points, the
Miami Center Joint Venture will have to consider them carefully
and act pa:suant to the terms of the Agreement of Joint Venture.
TGH: Is
cc: Mr. Theodore Gould
joel maxwell, Esquire
Very truly yoursp
T. Gordon Hendry
I
Ij
A
OLYMPZA G YORK FLORIDA EQUITY COIjr�
February 6. 1985
BAND -DELIVERY
Mr. Joseph W. McManus
Planning Director
City of Mi*ami
275 N.W. 2nd Street
Miamir Florida 33130
Re: Miami Center I and 11 Development Orders
Dear Mr. McManus:
This is a follow-up to the letter I delivered t o you earlier
today. This is to advise you that Olympia a York Florida Equity
Corp. supports the proposed amendments to the Miami Center I
(Ball Point) Development Order. The other provisions of my pre-
vious letter remain unchanged and we have received assurances
from Mr. Gould that he will not attempt to sign any agreements on
behalf of the Miami Center Joint Venture without my express
approval.
TGH: I%/ml
Very truly yours,
T. Gordon Hendry
9
8574S]r'.&T
Exhibit *A'
DEVELOPMENT ORDER ATTACHtICNT TO RESOLUTION4NOMM.MNOWN06.
Let it be known thatLpursuant to Section 390.06t Florida. Statutes 0 the
Commission of the City 'of Miami, Florida has considered in public hearing
commenced on January lSr 1981 and continued until September 10o 1981# the
issuance of a Development Order for a Development of Regional Impacto to
be located in the City of Miamio at approximately 201-399 Southeast 2nd
hvenue; 201-399 Southeast 4th Street (Biscayne Boulevard way), being
ALL OF BLOCKS 2, 3, and 4
DUPONT PLAZA (50-11)
and after due vonsideration of the cons13tency of this proposed developmint
with �ertinent regulations and the Report and Recommendations of the South
Florida Regional 0anning Council takes the following action% Approval of
Application for Development Approval, as revised, with the following !nodLfi-
cations: .0
FINDINGS OF FACT WITH MODIFICATIONS
Development
1. The development of the 6.0 acre site is limited to a Floor Area
Ratio of 13.95 comprised of the following elements as specified
by the Applicant in the Application for Development Approval, as
revised, and further limited by applicable provisions and proce-
dures of the City of Miami Comprehensive Zoning Ordinance 6871v
as amended:
Element Gross Bldg. Gross Leasable Area units
Area (sq. ft.) Area (sq. ft.) sq. ft. Spacr
office Tower (59
storre-s--w-lth ele-
vation of 860 ft.)
Office (exclu-
sive of retail) 1,731f101 lt57S,342
Condominium Tower
(74 stories-w-17h
elevation of 694
774 feet)
Resiaential Use 1,490r286
Mezzanine
and Lobby l4r190
Retail in Office
Tower# Condominium
Tower and connect-
ing Galleria 1268903 i6,747
Garage
(15--i-tories with
elevation of 204
feet)
Parking (10 Fl.) lo733,100 4,000
Retail (3 Fl.) 263t52O 199glO4
Restaurant
Health Club (1 Fl.) 19,,200
Tennis Courts &
Stands (I Fl,) 173v310
85-451".
92 - 7 1 It
0 ..-ia - ..
The Applii:ant voluntarily Stipulates that the scale model
presented.at the City Commission meeting of Septqtber 10p
1981 accuta:02ly portrays their project except as 9eflected
in Figures '!,, 2 and 3 and the schematic drawings attached
hereto and made a part herein,, Any substantial change in
the project, as represented by the model and schematic draw-
ings# must be brought back to the City Commission for consi-
deration and approval*
Any Variances and Conditional Uses will be brought before
the City Commission for consideration and approval after a
decision by the Zoning Board; it being understood that any
such City Commission approvals (or disapprovals) may further
limit the project and are incorporated by reference in -this
Development Order and made a part herein.
2. The Applicant shall determine if a General Permit will be
required from the South Florida Water Management District
and, if necessary, apply for and obtain a permit prior to
project construction.
3. The Applicant shall follow procedures for air quality as
established by the Florida Department of Enviionmental Regu-
lation
4. The Applicant shall construct an emergency helicopter land-
ing area. for emergency evacuation on the roofs of both
towers. Further, the Applicant shall, at any time that a
feasible' solution is found, provide roof space for aerials
and appurtenant minor structure for the City's communication
system; such aerials and appurtenances shall be at'City of
Miami expense. The Applicant retains the right of architec-
tural review and approval.
S. The Applicant shall provide the development plans' to the
Fire Department for review and comment and incorporate ajiy
other measures which the Fire Department deems advisable to
insure ' that the towers can be evacuated safely In an emer-
gency.
6. The Applicant shall notify the State Historic Preservatbon
Officer of the expected construction start,, vacate the park-
ing, strip the blacktop off the site# and provide reasonabl;m
.opportunity for exploration or evacuation at least 30 days
prior to the start of the construction.
7. The Applicant shall incorporate security systems into the
design of the project* including the parking garages and
pedestrian connections, to assist in protecting employees
and patrons by discouraging crime. Security systems and
construction documents shall be reviewed by the Miami 'Police
Department prick to the issuance of a building permit.
The Applicant shall use only native species'in landscaping.
Access and Circulation
The Applicant and the City of Miami (in conjunction wiih
County and State Agencies) recognize certain mutual respon�
sibilitics in resolving and mitigating access 'and circula-
tion problems within, and in the immediate vicinity, of the
project.
Ve.
4a
To resolve..these problems. -
The ApplicA�� Shall:
9a. Providb sufficient
truck service area to
insure adequate service
to the buildingi, effi-
cient off-street loading
and unloading operations
and unobstructed flow of
traffic on SE 3rd Street,
10a. Recognize a responsibi-
lity to participate. in
the Pedestrian Circula-
tion Plan (in 10b) as
follows%
in conjunction with the
development of the south-
east block of the pro-
ject: a) Applicant .
shall participate with
.Southeast Bank in the
construction of a .
ground -level pedestrian
promanade along a por-
tion of SE 3rd Street
lying easterly of the
southerly extension of
the west line of the
Southeast Bank Financial
Center plaza area; it
being understood that
the promenade must pro-
vide reasonable egress
from the Southe-ast Bank
parking garage a minimum.
of 4:00 p.m. to 6:00
p.m. week days and
satisfy other traffic
requirements proposed
by the Dupont Plaza Task
Forces as approved by the
City Commission. The ar-
chitects for the Appli-
cant and Southeast Bank
shall Jointly design
ground -level promenade
Which Shall be con-
6 -&, ..
The City Shallt
9b,. Carefully evaluate
any application tot &
zoning variance for off-
street truck loading bays
in the context of PrOvi-
sions of the proposed new
City of Miami Comprehen-
sive Zoning Ordinance
(January 24t 1979 draft)
and insure adequate and
satisfactory accessr
egress and free traffic
flow through review and
approval of building
plans by - the rlorida
Department of Transpor-
tation and the City Of
fliami Planning Department
(in consultation with
.South Florida Regional
Planning Council staff)
prior to . granting
of zoning approvals. ..
10b. Having consulted
with ODA# DuPont Plaza
Hotel# the South Florida
Regional Planning Council
staff and the Dade County
Department of Traffic and
Transportation# 'hereby
approve, in concept# the
Pedestrian Circulation
Plans (Figures I and 2
.attached) to differentiate
between pedestrian and
vehicle circulation so as
to provide greater pedes-
trian safety and security
and to further free traf-
fic circulation. To im-
plement this Plant the
city will rely on public
and Viivate participation
with the objective of
completing 'this system --
expeditiously.. -The so-
cond level pedestrian
connection design para-
meters are as follows:
16.51 Clearance at the
undersize of structure
-to grade. o
Open for operation during
normal business hours or
coincident with the hours
of operation of the DCH,
as a minimum.
As a matter df policy,
fi- 5.451 ' *
i � " 7 / 9�0
9, z�
J�'
lot
0
I -ort".!'44r-
.9 "Lu,
S: 4-4-1 7 t
U as
ii. 7
ji�...............
e.j@@#A& BWLSM lie
0 om.
low"
/ 17
F --kk
MAO
cw
FIGURE I PEDE.STRIAN CIRCULATION
SYSIM4 (GROWND LEVEL)
MIAM14CENTURV PHASG III 00ftsmsW-f fps
GUNAVN-r PLAZA. m1^00k 00-899-
---- -- -----
(p% I
S SoUTHEAST OPTIONS
ONE or
AT LE AST
TWO OPTIO14S
IS 11ANDATED
JT
ol
AT L
H
E
T
A
0
ST
To
.ACjV-C(*ITI,,G'EOT PTISF-MANDA I
uANK
16-t-4 PAN 01
7
?
si
3tjTHE.AST-
REQUIRED
By ciTY
L Lr
Fr V,
..
14 J.
1: so sm slot&
'NE ------ —
DOI MVIZAt
. ..... 4v
ff-7 L
&Wool
ul
GOP -go 19.44
mciv
2614-k- pro"*
ogder for bVidge 10c3t'000
*See Developme"
XTIC"
CI,WtCUL,; ZL)
1PEDESTRI'll' t) LFV
VIGURE 2 SYSTEM (SCCO%�
AR., ;.. .. �: . I
132!
a _41
Orr.
The Applicant Shall:
structed.- -by the App I i-
canto Ihl applicant
and Southeast Sank
shall jointly fund (501
50) of the cost of
design and construction
of the ground -level
promenade. if disa"
greement between App-
licant and Southeast
bank arises with regard
to the design of the
ground -level promenade#
the Miami City Commis-
sion shall makd- the
final decision. b)
Designe pay fare and
construct a sicond- .
level pedestrian con
nection from the park-
ing Garage in Miami'
Center 1, across Bis-
cayne Boulevard# to
connect with the Miami
Center 11 plaza in
front of the Office
Tower; and c) 'design#
pay fore and construct
a second -level pedes-
trian connectione at an
elevation of approxi-
mately 29 feet City of
Miami datum from the
Condominium Tower
across SE 3rd Avenue to
the Miami Center 11
Garage.
in conjunction with.the
development of the
southwest block of the
project; design (in
consultation with the
DuPont Plaza Hotel#
with f ' inal approval by
the Miami city Commis-
sion), pay for and con-
struct a second level'
pedestrian connection
from the Miami Center
11 Garage southerly
across SE 4th Street
(Biscayne Boulevard
Way) up to.the building
face of the DuPont
Plaza Hotel and Office
Building# easterly of
of the structure pro -
Gently accupiod by the
Chase Manhattan Bank.
Such connection shall
be mandatory and Appli-
The City Shall:
entourage. maximum use
of SE 3rd Street as a
promenadee City -shall
approve final design
of the a landscape and
pedestrian environment
plan, including the
pedestrian promenade,
at -grade * and second -
level pedestrian con-
nections for the entire
project. The City
shall support an appii-
caction for Federal
funds for &. second -
level pedestrian con-
nection over SE 4th
Street*
The City shal 1 provide
security,for the
second -level pedestrian
connections.
82-71
0
3.i
The Appli&aftt Shalit
shal I J:re responsible
for up to*100% of the
construction of the
pedestrian crossing
extending from build-
Lng faces of both
propertiest to the
extent that such costs
are not publicly
funded.
The DuPont Plaza Hotel
shall accommodate the
pedestrian connection '
and pay for and' con-
struct any renovations
to the building face,,
wall, structuie, founda-
tion and interior re-
quired to receive the
pedestrian connection.
It is further under-
stood that the City#
Dupont Plaza Hotel and
other agencies will sup-
port an application for
Federal funds for fifty
ASO) percent of the de-
sign and construction
costs of said pedestrian
connection and vertical
to ground connections,
if any, within the
public right-of-way; in
this event, said pedes-
trian connection shall'
be accessible from 'the
public right-of-way to
the public twenty-foir
(24) hours per -day.
This pedestrian 6onnec-
tion shall be provided
prior to the elimina-
tion of the at -grade
pedestrian crossing of
S.E. 4th Street (Bis-
cayne Boulevard Way) at
SE. 3rd Avenue..
Xn conjunction with the
development ok the
northwest block of the
project: a) cooperate
with Southeast Bank in
the design of*a second -
level pedestrian bridge
across SE 3rd Avenue,
linking Southeast Bank
Financial Center to the
relocated DC14 station
or the Miami Center 11
-07-
Tho City shall;
Y
The App-l-laa.nt.. Shall:
Taho Cit-- Shall:
shal I JYe responsible
for up to 100% of the
construction of the
pedestrian crossing
extending from build-
Lng faces of both
propertiesp to the
extent that such costs
are not publicly
funded.
The DuPont Plaza Hotel
shall accommodate the
pedestrian connection
and pay for and" con-
struct any renovations
to the building face,
wall., structuie,, founda-
tion and interior re-
quired to receive the
pedestrian connection.
It is further under-
stood that the Cityr
Dupont Plaza Hotel and
other agencies will sup-
port an application for
F deral funds for fifty
e
A50) percent of the de-
sign and construction
costs of said pedestrian
connection and vertical
to ground connections,
if any, within the
public right-of-way; in
this event, said pedes-
trian connection shall
be accessible from*the
public right-of-way to
F,
the public twenty-four
(24) hours per -day.
This pedestrian 6onnec-
tion shall be provided
prior to the elimina
tion of the at -grade
pedestrian crossing of
S.E. 4th Street (Bis-
cayne Boulevard Way) at
V ."raw
SE. 3rd Avenue..
In conjunctioO with the
development of the
northwest block of the
project: a) cooperate
with Southeast Bank in
the design of*a second -
level pedestzian bridge
across SE 3rd Avenue,
linking Southeast Bank
Financial Center to the
relocated DC14 station
or the Miami Center 11
A
14
*07-
_7; 7- 7,
A,
.
0`1
3ri,
21
; � 1�_ - - - .. -
9
The Applielht Shall:
Caragep -,..-if any such
second-ja4al pedestrian
connection Is required
by the City, Applicant
shall designj, pay for
and construct the con-
nection of the bridgep
if requiredt to the
Miami Center 11 Garager
so as to -provide access
to the relocated DCM
station, contingent
upon Southeast Bank's
designt funding.and
construction of the
bridge and b) be obli-
gated to designt pay
for and constfruct that
portion of a second -
level pedestrian con-
nection across SE 2nd
Streete from the Miami
Center 11 garage to the
center line of SE 2nd
street, immediately
west of SE 3rd Avenue#
if an agreement can
be reached with. -the
owners of the existing
Pan Ametican Bank
Building for their
funding, design and
construction of the..
remaining portion of
the pedestrian connec!-
tion.
The Applicant shall be
responsible for main-
taining those pedes-
trian connections which
are its obligation to
construct.
Ila. Submit design para-
meterst a schedule of
pedestrian circulation
system elements and any
appropriate design modi-
ficationi to the develop-
ment plans within 120
days of the issuance of
this Development Order
for review and approval
by the agencies named in
Ilbt based on either the
Applicant's and Southeast
Bank's approved plan or
in the event of disagree-
ment# the plan as approved
by the Miami City Commis-
sion. Nothing shall re-
lieve the Applicant of
Tho Clt-- Shall:
Ilb. Not grant a building
permit for any portion of
the development Cfounda-�,
tion permits'are exempted
any may be processed)
until the parameterst
schedule and any design
modifications are reviewed
and approved by the Dade
County Department of Traf-
fic and Transportation and
the City of Miami, Depart-
ments of Planning "d
Public Works and referred
to the South Florida
Regional Planning Council
staff for review and com-
ments. No final cartift-
cates of occupancy will
S;5 0,11W
an 'S
'42
4
The Applicant shalle.
the obligation to pay for
and constrixit'-. the pedes-
trian connections in 10ao
12a Reach agreement
wit� the City concerning
the remaining pedestrian
circulation system issues
as described in 12b with-
in 210 days of the is-
suance of this Development
order, based on either the
Applicant's'and Southeast
Bank's approved plan or,
in the event of disagree-
mentl the plan as ap-
proved by the Miami City
Commission and make a
complete report to the
South Florida Regional
Planning Council on 10a,
lla and 12a, as amend-
ment to the Application
for Development Approval.
Nothing shall relieve the
Applicant of its obliga-
tion to pay for and con-
struct the pedestrian
connections in 10a.
13a. Have prepared, in
collaboration with con-
sultants for the- Florida
Dejartment of Transporta-
tion a technical opera-
tions and impact analysis
of certain modifications
to the current traffic
concept plan adopted by
HPO Resolution 1-81;
January 26, 1981 and which
modifications as act forth
-in Figure 3 -attached
wHodified Recommended
Highway System Plan" have
been recommended by the
The City Shallt
be granted - for complete
operation of the project
until the required pedQ8-
trian circulation system
elements are completedr
contingent on performance
by Southeast Bank/Cerald
0. Hines Interestsp the.
DuPont Plaza Hotel and
the owners of the Pan
American bank Building:
provided that certificates
of occupancy will be
granted for completed pro-
ject elements (Paragraph
1) when the related pedes-
trian circulation system
elements have been com-
pleted.
12b. Resolve the remain-
ing pedestrian circulation
system issues of construc-
tion, ownershipi, Lnsu-
rance, security and util-
ity access and reach
agreement with the Appli-
cant within 210 days of
the issuance of this
Development Order# recog-
nizing the increased tax
revenues to be generated
upon project completic.n.
0
13b. Hereby approve, in
concept the "Hodified
Recommended Highway Sys
tem Plan* (Figure
attached) as recommended
by the DuPont Plaza Task
Force September 2,, 1981;
it being understood that
that MPO wil I be urged to
substitute this plan for
the plan previously
adopted by MPO Resolution
1-81; January 26,, 1981.
The City shall continue
tcr urge -FDOT to -maintain
-a
The AppllcLant Shall:
Tho C! ty Shal 1:
Dupont Plaza. Task Force
at least one -north -bound
on Septe 2& 19910?
mbb
lane from the brickell
with the participation of
Bridge to st 2nd Avenue#
the Applicantr Southeast
to SE 3rd Street to SE
bank Financial Center/
3rd Avenue*
Gerald 0. Hines tnterests
and the Dupont Plaza
The City shall not grant
Hotel.
a building permit until a
copy of this Development
Upon the granting of all
Order has been transmit-
variances and conditional
ted to the South Fl orida
use permits necessary for
Regional Planning Council
the development of Niami
and h period of 45 days
Center Ix,, as discussed
has elapsed from the date
in Paragraph I h6reoft
of issuance of this
and the obtainment of any
Development Order.
Aon or agree-
necessary act-
ments f rom the Cite
.1 re-
quired for the construe-*
tion of the Miami Center
II garage, the Applicant
shall dedicate all ease-
ments and right-of-waye-
ownad by the Applicant,
required by the City#.
County - and State *to im -
plement (or provide access
to) required transporta-
tion and second level
pedestiian system improve
ments, specifically in -
eluding required dedica
tions along the north
right-of-way line of SC
4th Street (Biscayne
Boulevard Way).
14a. Assume that the
14b. It is expected that
FDOT has a 'consultant
the FOOT will have a con -
under contract by Septam-
sultant under contract by
ber Ilt 1981 for the task
September 11, 1981 com-
FT- Jr
outlined in l4be committed
mitted to completing con -
to completing construction
struction documents 12
documents either a) 12
months thereafter.
months thereafter or b) 12
Failing which:
months prior to the esta-
blished completion of
The City 9611' prepare'
construction of the Miami
plans, specifications and
Avenue Bridge, whichever
estimates for the design
conditions are more len
and engineering of all
iefit; failin g which:
surface street improve
ments in DuPont Plaza#
The Applicant shall pre-
such documents, if re-
pare,*according to spaci-
quired shall be completed
fications to be agreed
by Sootembers 1982. (See
upon with FOOT, design
city Commission Resolution
and engineering plans of
81-113; February 26, 1981.)
the 1-95 bifurcated ramps
to the surface streets
and Miami Center 11
garages (see Figure 3);
and obtain final FOOT
approval thereof; such
documents, if required,
shall be completed by
February, 1983.
82-71
Oa
ch
1.14
LI
3
T
Z7
Ip
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,I
lull
:;--,Oo ilk
rue.--
IP
LI
16
-rot Ir
f.o' i':
lit J!
-3-
%$P
c.1
P. I
I-WIP
n 77...
CAMS
:01 t
last-
2-9
A
the DuPoat Pbus'.3 T33k F"JI;
As recommended by
R
IbURE 3 UbDliYF.D ECOME' ed to Clio 4;:tl as a still
.9-2-819 to be forward
STE' a, Ily
HIGHWAY SY
stitxgte �for tj)e pian previol'sAY 31100"J
j1po Resoltitl6n 1-81, january 'Irp, Mt-
The Applieaftt Shall:
As a condition of issuing
a buildifij-'-permit, the
applicant agrees to pro-
vide a maintenance of
traffic plan and a con-
struction employee park
ing plan by calendar quar-
ters until July# 1984 or
the issuance of a certi-
ftcate of occupancy for
structures in Miami Cen-
ter 11, to be_AppjTved by
the City.
15a. Fundg, bond,, or pro-
vide a letter of credit to
the County and/or State
for up to $811,200 (in
1980 dollars) for State
and/or County contruction
of surface street imrpove-
ments in DuPont Plaza
generally similar to those
improvements shown on
pages 60-68 of the Report
and Recommendations of
the South Florida Regional
Planning Council.(Exhibit
B). It is assumed that
the total costs to Dade
County for the DCH system
shall not exceed those
costs which the County
would have incurred had
the DuPont Plaza DCH
station been built as in
the conceptual transpor-
tation by'l
plan adopted
MPO Resolution 1-81; pro-
vided however,, that any
additional costs for the
proposed relocation are
the responsibility of the
Applicant.
16. Construct, per speci
fications to be agreed
upon by FDOT* the direct
ramps from the Miami Cen-
ter 11 garaga.. to the
1-95 connector at an
appropr iate time to be
determined by FDOT8 to
insure simultaneous com-
pletion of the 1-9s
bifurcated systein.
16a. Cooperate with the'
DuPont Plaza Hotel in
obtaining a direct ramp
connaction from r-95 into
any new building erected
an the DuPont Plaza Hotel
site.
-12-
The City Shall:
6
15b. Insure that the re-
quired funding, bond or
letter of credit has been
provided prior to issuing
any building permits for
the proposed development
or certificates of occu-
pancy for any portion of
Miami Center I (Ball Point).
:3
The hpplic-ant Shall:
18. Front end 80% ($11.
68 million * in 1980 dol-
lars) of the construction
costs of the 1-95 bifur-
'cated ramps by:
A) As a preferred op-
tion,, arrange loans
to or bond purchase
from appropriate
governmental agen-
ciast based an an
The 'City Shall:
17. Evaluatep In calla-
boration with the Dade
county Dept. of Traffic
and TransportatLant the
Dade County Office of
Transportation AdmLni-
stration and Florida De-
partment of Transparta-
tLon the recommended op-
tions, contained in the
Report and Recommenda-
tions of the South Fla-
rida Regional Planning
Council (Exhibit 080),,
and any 'other options
which may be feasible for
public sector financing
(14.6 million in 1980
dollars) of the X-95
bifurcated ramps to the
Dupont - Plaza surface
street system; and pre-
pared a report and recom-
mendations# to be sub-
mLtted to tho Regional
Planning CouncLIt the
Metropolitan Planning Or-
ganLzatLang Downtown Do-
velopment Authority,, and
Florida Department of
Transportation for review
and comment within one
year of the date. of the
Development Orderg an the
preferred options which
should be pursued,
cludLng the steps neces-
Pary to insure their
realization so that con-
struction may begin L&-
mediately after cample-
tion of the Hiami Avenue
Bridge project. ConsLde-
ration shall be given to
the increased ad valorem
revenues from Southeast
Bank and Hiami Center I
(Ball Point) and 11 in
funding those necessary
improvements.
T 4 WW __P;
The Applicant Shall:
equitable reimburse"
ment agreament among
appropriate parties
which shall specify
interest rates and
maturity dates; or
b) Arrange loans top or
bond purchases from
appropriate govern-
mental agencies p to
be evidenced by t"_
exempt governmental
obligations - which
are eligible" for
pledging (at a mar-
ket value that
equals thetfull pur-
chase price) against
public deposits by
the State of Flo-
ridap as determined
by the Florida State
Constitutiont State
Statutes or the State
Controller; whichever
is applicable; if a
public sector finan-
cing package has not
been commited by
September 30p 1982.
19a. Promote energy con-
servation and the use of
public transit by'partici-
pating in Transportation
System Managementp coor-
dinated with the Dade
County Office of Transpor-
tation 'Administration,
through such measures as
employer -subsidized ride
-sharing programs and van
pools; variable work hour
schedules such as staggered
work hours, flex -time and
a 4-day work week; employer
subsidized transit use
coupled -with remote -site
parking policy- to dis-
courage 8-hour -use. The
applicant shall prepare
a report for review with-
in 60 days of this Dev-
velopment order,
Ener2X Conversation
The Applicant shall;
Co
The Cilty Shallb.
0
19b. Work closely with
the Downtown Development
.-Authority, the Dade County
Of f Lce of Transportation
Administration and the
Applicant to promote tran�
sit use; shall encourage a
downtown parking pricing
policy to discourage 8-
hour use and shal I con-
Unue enforcement efforts
to restrict or prohibit
on -street parking, all
of which are intended to
maximize the use of the., -
available roadway capa-
city.
20. Prepare a technical feasibility ana lysis for construction and
operation of a cogeneration facility, which analysis must in-
clude those elements specified in SFRPC report (Exhibit OBO)
T.6
%ijauv- 31;
0% ^ . V&P 11
PR
216
6 r,-. .
and subm it thL-- analysis to the South Florida Regional PlannInq
Council Staff, -the Dade County Office of 'Energy management afr.d
the City of ftaMi Planning Department for review and approval,
prior to obtaihift! any building permits. It the results Of thq
analysis indicate that such a facility is viable in DuPont Plazat
the applicant will construct and operate it as an integral part
of the project*
The Applicant shall incorporate the following energy consarva-
tion measures into the project or provide the Council Staff a
written justification for their omissiont
size power transformers closer to demand rather than connected
load;
add power factor correctioh devices for improving power factors
on large motors and 'determine the most feasible iastallation
location.-
• provide building 4alle duct and piping. insulation which exceeds
the energy code requirements;
• use a light color for the building surface t9 reflect solar
radiation;
. provide pedes.trian shade by extensive planting.
MinoritX ParticiRation
22. The applicant'shall work with the City to prepare a minority
employment plan indicating how the maximum feasible number of
construction and permanent jobs resulting fran the project can -
be accessible and available to minority applicants especially
Blacks.
23. The apLilicant shall vigorously seek minority contractorso, as-
-pecially Blacks# to carry out construction work as feasible
during the development phase of the project.
General
24. If the ownership of the property ils transferred and the new owder
wishes to proceed with-. development other than provided in this
Development Order, then the new owner must seek an . amended or
new Development Order.
25. The Applicant shall * submit a report twelve (12) months from
the date of issuance of this Development Order and each twelve
(12) months thereafter until a Certificate of Occupancy is
issued# to the South Florida Regional Planning Council; the'
State of Florida Regional Planning Council; the State of
Florida Department -of Community Affairs, Division of Local
Resource Managemeni; all affected permitting agencies and
the Planning Director, City of' Miami Planning Department.
This report shall contain, far the preceding twelve months:
A ge neral description of construction progress in terms of
construction dollars and employment compared to the schedule
in the ApplicantIs Application for.Development Approval and.
revisions thereto,
Specific progress in response to paragraphs 9-19,, it being
understood that submi3sion of this report is not a substi-
tution for specific reports required by these or other para-
graphs.
"15-
Wry",
• A cumulative list of all pe-i-mits or approvals apmlied f*r,
approved or dqnied,
• 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.
The Planning Diiectort 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 Develop-
ment Order.
26. The Development Order shall be null and void if substantial
development has not! begun in two (2) years of the recorded
date of this Development Order. Substantial development is
defined herein as the achievement of the following items:
start.of construction of building foundations for the
Condominium Tower and garage;
obtainina all required permits trm"4mnr-ma mv%A m 9.0%tvale
r r
preparation and approval of raised pedestrian circulation
element plans;
0 dedication of all right-of-way;
a the deposit of all monies, bonds, or letters of credit for
surface street improvements with the County or the State;
finalization of a public sector financing package and/or a
private sector front -ending *agreement for construction *of
the 1-95 bifurcated ramps;
construction of the drainage sistem for the Condominium
Tower and Miami Center 11 garage.
27. The. Applicant shall give notice to Richard . P. Brinkerg, Clerk,
Dade County Circuit Court, 73 West Flagler Street,*Mismij, Florida
33130, for recording in the Official Records of Dade County,,
Florida, as follows:
That the City Commission of the City of Miami, ilorida
(indicating date of adoption] has issued a Development
'Order for the -Miami Center Ir DuPont Plaza Project, a
Development of - Regional Impact,, located at approximately
201-399 SE 2nd 'Avenue; 201-3'99 SE 4th Street (Biscayne
Boulevard Way) being
ALL OF BLOCKS 2F 31 and 4
DUPONT PLAZA (50-11)
b. That Miami Center Joint Venture a Florida general partnership,
100 Chopin Plaza, Hiamip Florida 33131 are the developers.
C. That the Development Order with any modifications may' be
examined in the City Clerk's Offices, 3500 Pan American Drive#
Dinner Xeyp Miami, Florida 33133.
4A
w
1 Q& a*1_1 "'W',
10
28.
29.
30.
0
d6 That the Development order COhstitutes a land 4evelopftent re-
gulatioh applicible to the prote&rty; that the conditions coft-r-
tained in this Oevelopment order shall run with the land ant
bind all 1;uCcessors in interest; it being understood tha;
recording of notice shall not constitute a lient Cloud or en4-
cumbrance on real propertye nor actual nor constructive notice
of any of the same.
The Applicant will incorporate all original and additional rovL-m-
sions to the originally submitted Application for Development
Approval including the transportation analysis and recommended
system into one complete document and will provide copies within
90 days of the date of issuance of this Development Order, to the
City of Hiami, the South Florida Regional Planning Council and the
btate Department of Community Affairs.
The Application for Development Approval, as revised, is Lncorpo-
rated herein by reforen6e and is relied upon by the parties in
discharging their statutory duties under Chapter 380,, Florida
Statutes* Substantial compliance with the representations con-
tained in the Appli6ation for Development Approval,, as revised,
is a condition for approval unless waived or modified by agree-
ment among the parties.
Vothing in this Development Order shall he constru;d as preventing
the Applicant from obtaining certificates of occupancy for Hiami'
Canter 11, if the Applicant complies with all conditions specified
in the Development Order.
I
CONCLUSrONS OF LAW
The Miami Center 11 DuPont Plaza project, proposed by
Miami Center Joint Venture, through its Predecessor
Holywell Corporation, complies with the Miami Compre-
hensive Neighborhood Plan, is consistent with the
orderly development and goals of the City of Hiami,,
and complies with local land development regulations
being the City of Miami Comprehensive Zoning Ordinance
No. 6871 as amended; and
The proposed development. does not unreasonably inter -
fare with the achievement of the objectives of the
adopted State Land Development Plan applicable to the
City of -Miami; and
The proposed development: is generally consistent with
the Report and Recommendations of the South Florida
Regional Planning Council and does. not unreasonably
interfere with any of the considerations and objectives
set forth in Chapter 380, Florida Statutes.
-17-
11
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