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Home My WebLink AboutR-85-0160J-85-107 1/25/85 RESOLUTION NO. 85--16L A RESOLUTION CORRECTING SCRIVENERS' ERRORS IN SECTIONS 2 AND 3 OF RESOLUTION NO. 84-1141, ADOPTED OCTOBER 10, 1984, ENTITLED: "A RESOLUTION CONCERNING THE BRICKELL BAY OFFICE TOWER PROJECT LOCATED AT APPROXIMATELY 1005 SOUTH BAYSHORE DRIVE, (MORE PARTICULARLY DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY C. ROBERT CUSIC, TRUSTEE; MAKING FINDINGS; AUTHORIZING A DEVELOPMENT ORDER; APPROVING SAID PROJECT WITH MODIFICA- TIONS SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER, THE APPLICATION FOR DEVELOPMENT APPROVAL, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; PROVIDING THAT THE PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; FURTHER, DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION AND DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE DEVELOPER" BY AMENDING SECTION 3 OF SAID RESOLUTION NO. 84-1141 TO PROVIDE SUBSTITUTE LANGUAGE FOR THE TERM "PARTIES" AND BY AMENDING SECTION 2 OF SAID RESOLUTION NO. 84-1141 IN WHICH A DEVELOPMENT ORDER WAS ISSUED, SAID ORDER HAVING BEEN INCORPORATED BY REFERENCE IN SAID SECTION 2, TO DELETE CONDITION 24 FROM SAID ORDER AS BEING REDUNDANT; FURTHER DETERMINING THE SECTION 3 AMENDMENT TO BE NON -SUBSTANTIVE IN NATURE AND THE SECTION 2 AMENDMENT TO BE A MODIFICATION IN FORM ONLY AND OF A TECHNICAL NATURE WITH NO IMPACT UPON THE SUBSTANCE OR EFFECT OF SAID DEVELOPMENT ORDER, WITH THE AMENDMENTS, SEPARATELY OR COMBINED, BEING DETERMINED TO BE CHANGES WHICH ARE NOT A SUBSTANTIAL DEVIATION FROM THE TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER ISSUED OCTOBER 10, 1984 AND BEING FOUND AS NECESSARY OR HELPFUL FOR EFFECTIVE MONITORING AND ENFORCEMENT OF THE SAID DEVELOPMENT ORDER; FURTHER DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER; PROVIDING FOR AN EFFECTIVE DATE OF MARCH 15, 1985. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. (a) In order to correct scriveners' errors which appear in Section 3 of Resolution No. 84-1141, adopted October 10, 1984, entitled: "A resolution concerning the Brickell Bay Office Tower Project located at approximately 1005 South Bayshore Drive, (more particularly described herein), a Develop- ment of Regional Impact proposed by C. Robert Cusic, Trustee; making findings; authorizing a Development Order; approving said project with modifications subject to the conditions of the Development Order, the application for Development Appr CITY COi iI:iISSION NILE5'I'IINva li F. FE B 14 19% the report and recommendations of the South Florida Regional Planning Council; providing that the permit shall be binding on the applicant and successors in interest; further, directing the City Clerk to send copies of the herein Resolution and Develop- ment Order to affected agencies and the developer", said Section 3 is hereby amended in the following particulars:) "Section 3. The Application for Development Approval is incorporated herein by reference and relied upon by the parties South Florida Regional Planning Council and the City in discharging their statutory duties under Section 380.06, Florida Statutes. Substantial com- pliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties South Florida Regional Planning Council, the City, and the Applicant as well as the successors and assigns of the Applicant." (b) In order to correct a scrivener's error appearing in the Development Order referred to in subsection (a) above and which was attached to Resolution No. 84-1141 as Exhibit "A" and made a part of Resolution No. 84-1141 by reference as set forth in Section 2 of said Resolution, Condition 24 of said Development Order is hereby deleted in its entirety from said Order and is hereby stricken therefrom; existing Conditions 25 and 26 of said Order are hereby renumbered 24 and 25, respectively. Section 2. (a) The herein amendment to Section 3 of Resolution No. 84-1141 is hereby found to be non -substantive in nature. (b) The inclusion of Condition 24 in the October 10, 1984 Development Order is hereby found to be a scrivener's error and its deletion therefrom is hereby found to be a modification in form only and of a technical nature to eliminate a redundant condition and has no impact upon the substance or effect of said 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. -2- a Aye ` — ' K Development Order. (c) The herein amendment and the herein deletion, either separately or combined, are hereby determined to be changes which are not a substantial deviation from the terms and conditions of the October 10, 1984 Development Order; said changes being hereby found as necessary or helpful for effective monitoring and enforcement of the said Development Order. Section 3. (a) 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 Executive Center Circle East, Tallahassee, Florida 32301; the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021; and Clifford A. Schulman, Esq., Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen and Quentel, P.A., 1401 Brickell Avenue, Miami, Florida 33131. (b) The provisions of this resolution shall become effective March 15, 1985 in order to provide all interested parties a reasonable opportunity to present opposition to the resolution. PASSED AND ADOPTED this 14th day of February , 1985. ATTEST: RARPH G. ON`G�I EE • ��// City Clerk REVIEWED AND APPROVED BY: ROBERT F. CLARK Chief Deputy City Attorney APPROV City Attorney RFC/wpc/pb/041 _Maurice A. Ferre MAURICE A. FERRE, Mayor AND CORRECTNESS: -3- 85-16Q ON, P. ALPH G. ONGIE City Clem O ma a1A?TY HIR 41 COR w DEPI Tt CIT1 CLERKS Robert E Tingley Georgia .V Lode S�Nta Y. Mendoza Rizo SNI, a LwAm.an STA,rt St PPORT Lil: ,- DiL�rnUn February 14, 1985 Mr. Michael Garretson Director Florida Department of Community Affairs Division of Local Resource Management 2571 Executive Center Circle East Tallahassee, Florida 32301 RE: BRICKELL BAY OFFICE TOWER PROJECT Dear Mr. Garretson: Enclosed herein please find a copy of Resolution No. 85-160, passed and adopted by the City of Miami Commission at its meeting held on February 14, 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Very truly yours, alph G. Ongie City Clerk RGO:sl ENC: a/s C: E'+, E 0! THE CITN CLERK Gt, Hall 3500 Pan American Drice P.O Ho% 330-08 mion i, Florida 33231-0-0b :105 57S-KV5 0 oAk u RALPH G. ONGIE City Clerk Assistant City Clerk DEPL TY CITY CLERKS Robert E. Tingley Georgia M. Little Ss Icia .'W. Mendoza Evelio Rizo S,,Nia Lowman STAFF 51-PPORT Lillian Drc4.mon February 14, 1985 Mr. Barry Peterson Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 RE: BRICELL BAY OFFICE TOWER PROJECT Dear Mr. Peterson: Enclosed herein please find a copy of Resolution No. 85-160, passed and adopted by the City of Miami Commission at its meeting held on February 14, 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. ery truly yours, C/. Cans a ph G. Ongie ity Clerk RALPH G. ONGIE City Clerk O ft(tT��j OMATTt ff HIRrk0' U Assistant City Clerk DEPUTY CITY CLERKS Robert E. Trn�ley Georgia M. Little Sylvia M. Mendoza Evelio Rizo Sylvia Lowman STAFF SL PPORT tiliian Dickmon February 14, 1985 Mr. Clifford A. Schulman Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen and Quentel, P.A. 1401 Brickell Avenue Miami, Florida 33131 RE: BRICELL BAY OFFICE TOWER PROJECT Dear Mr. Schulman: Enclosed herein please find a copy of Resolution No. 85-160, passed and adopted by the City of Miami Commission at its meeting held on February 14, 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. truly yours, G. g. alp al h On ie r;+-.. rT orlr W g • i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Randolph B. Rosencrantz City MaVert2uder Attn: FROM Lida--X-. D0&4 City Attorney DATE January 29, 1985 FILE• D-M SUBJECT. Correction of Scriveners' Errors - in R84-1141, Brickell Bay Office Tower Development Order - REFERENCES City Commission Agenda, 2/14/85 ENCLCSURES ( 2 ) The attached proposed Resolution (J-85-107) corrects scriveners' errors in Resolution No. 84-1141, as requested in the attached January 16, 1985 memorandum from Sergio Rodriguez, Director of the Planning Department. Due to the lack of controversy in connection herewith, this item may properly be placed on the Consent Agenda of the February 14, 1985 Commission Meeting. The original of this proposed resolution is being forwarded to the City Clerk. LAD/RFC rr cc: Ralph G. O nnie, City Clerk Sergio Rodriguez, Director Planning Department CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Robert F. Clark Chief Deputy City Attorney Law Department DATE: SUBJECT: January 16, 1985. --FILE Brickell Bay Office Tower /o7 FROM. ` REFERENCES: j odriguez, Director ENCLOSURES: oe" Plan ing Department Attached are copies of the Brickell Bay Office Tower Resolution and Development Order #84-1141, October 10, 1984. They have been marked to indicate certain changes requested by the South Florida Regional Planning Council (See Attachment). It is our understanding that the Law Department will treat the requested changes as scriveners' errors, and a resolution to that effect will be prepared by your office and submitted directly to the City Commission, with no public hearing before the PAB, and no public notice. It was also understood that these scriveners' errors would not be considered as amendments to the Development Order per Chapter 380 of the Florida Statutes. It would also be helpful, in administrative terms, if the standard clause could be inserted in the resolution which directs the City Clerk to immediately send certified copies of the resolution to various public agencies and the applicant. ROW/JAL/dr �— ,•�• '.e': !.>�!•> _. r •! � r t ' • ^ �� 1 i � a "• -a..'t ts. 3. 'ib . �+ � . •f - f"'f, s/�,;r`tn'`'T�' rnti-•:. to ��. Aa•+�•., - • .. -. •p►7- .S� n•�. r_.!:n •x . ti't _Q. "yr.. .• .s-. .- . (�`''•ai �1-.,, � ,-. ".i•,^ ", �' ^......i+ .ew ..._ �, i .. ...+ .. _. 'Y..f,•r..:J_. a-n. :'$;%:{:,i .. �--C.� -. �.:+rLw• . 1_, i^� _ _, _ _ .��r• a � _ _��.''-' _ ILL... _•- `.......-.f%_::.�� :.... � .��{i. _.....-. = .�A� -.. - . i ..' _ ... ... � _ .' . •w 7 4 •: - .. . •.� 1 Y • tip: . J . . . Council review determined that the proposed project would create positive regional impacts in temporary and permanent on -site employment and provide fiscal benefits to Dade County and various taxing jurisdictions. No adverse regional Impacts on soils, wetlands, vegetation, wildlife, or - historical or archaeological site are anticipated. Adverse impacts of the project include increased energy and potable water demand, solid ----.- waste generation, and reduction of levels -of -service at five critical- dovmtown intersections. ..:>. __:.;• ,' ....•-. r The Brickell Say Development Order was transmitted on October 169 1984 (See Attachment 1, Resolution 84-1141). Evaluation The Development Order has been reviewed in relation to the recommendations of the Council and the requirements of Chapter 380, F.S., j and.it has been found that: a 1. The Development Order contains Findings of Fact and Conclusions of Law, as required. .•. .. ,' ...•,:•.;. _ .. .. _ 2. The Development Order specifies monitoring procedures and designates a local official charged with assuring compliance with the Development Order, as required. 3. The Development Order specifies the requirements of the monitoring - report, as required. 4. The Development Order includes a legal description of'the subject property, as required. 5. The Development Order incorporates Council recommendations, either vertabim or in substance. However, a few technical modifications to correct inadvertent errors are necessary for effective monitoring and enforcement of the Development - `_ _ Order: :`yr:• .`.�• it v•F . ._ _ a n •�._. J�A. I/�.TTlta. .•'. !L' ~V .. •TA,' - • The term "parties" in Section 3, page 3, of Resolution No. 84-1141 �44 - " should be changed to "Council, City,•and Applicant, its successors, --- and/or.. assigns".. :�.,,....... '.... - • Exhibit A, Condition 24 should be deleted since it is already Included 1}� in Condition 22 .�• . .. :, - 0 Exhibit A, Conditions 25 and 26 should be renumbered as 24 and 25, respectively, to reflect the deletion noted above. •`l.�,j#, ro '../ a , ,....t ..y�_ •.••. ': • t ...,r, tt . N�. -�4t;e i,••,�yx ):.:• tif �,�.- r r.,.. : r M{. :� w 1.j�i. • iE. . . .. � ..1� �. • ... • 1( �'t;yha- ••f ^/� t Q � .•!}....Y •.£'r•.n7.xUy�.»�.kSl- •- t)' a '.'.. .•� • i•. t1C� - '.�•ta ,,V,:a ti .,c, : 0. t-{t.'�Cl'tr Lr it '. :1:.� t.. ly:.; t, .•... •• ",.•:%� s _nt - -. .�-L �..,.i �•• ,y�y.. c :t r 4 - a � �•`.ajce>•„e•q. f> r 'e.:>i.l::.d'Jt�:.�i.i�•..:�..Ea..naa�2s:�.w....:HmsriY•Jwin..r...tier•ieu.i.'a'uMit�.%.l..t,-...}..'•.i.:•?+�.:.t.:�t.:.. .. .. . ATTACHMENT 1 J-84-913 9/28/64 RESOLUTION NO. 134"1141 • A RESOLUTION CONCERNING THE BRICKELL BAY OFFICE TOWER PROJECT LOCATED AT APPROXIMATELY 1005 SOUTH BAYSHORE DRIVE, (MORE PARTICULARLY DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY C. ROBERT CUSIC, TRUSTEEi MAKING FINDINGS= AUTHORIZING A DEVELOPMENT ORDERI APPROVING SAID PROJECT WITH MODIFICA- TIONS SUBJECT TO THE CONDITIONS OF TOE DEVELOPMENT ORDER, THE APPLICATION FOR DEVELOPMENT APPROVAL, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCILi PROVIDING THAT THE PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTERESTI FURTHER, DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION AND DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE DEVELOPER. WHEREAS, C. Robert Cusic, Trustee, has submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council pursuant to Section 360.06 Florida Statutes, and did receive a favorable recommendation for a proposed development order as set forth in the Report and Recommendations of the South Florida Regional Planning Councils and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 19, 1964, Item No. 2, following an advertised hearing, adopted Resolution No. PAS 104-64 by a 6 to 0 vote, recommending approval of the Development Order for the subject Brickell Bay Office Tower project, a Development of Regional impacts and WHEREAS, a recommendation from the Miami Planning Advisory Board has been forwarded as required by Ordinance No. 82901 and WHEREAS, the Miami City Commission has conducted a public hearing on October 10, 1984, having considered the Application for Development Approval and the Report and Recommendations of the South Florida Regional Planning Council: and WHEREAS, the City Commission has determined that all legal requirements have been complied witht and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to CITY COX1,11ISSION MEETING OF A � r issue a Development Order as hereinafter set forth; NOW, TBEREFORE, BE IT RESOLVED BY TOE COMMISSION OF THE CITY OF MIAMI, FLORIDA: FINDINGS OF FACT Section 1. The following findings of fact are made with respect to the project: a. The Commission has determined that the project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. b. The Commission has determined that the project is in accord with the district zoning classification of a Zoning Ordinance No. 9500. C. The City Commission finds that the project would not adversely impact air quality, ground water, soils, animal life• vegetation, wastewater management or solid waste disposal, and further finds that it would have a number of positive impacts including: (1) Over 1,602 permanent new jobs would be generated by the project. Nearly 831 temporary full-time construction will also be generated, with nearly $36 million in total wages and 1,117 jobs added to the regional economy. (2) Ad Valorem revenues generated by this project will produce $310,213 for Dade County, i470,536-Zor the City of Miami, and $354,995 for the School Board. (3) Access and circulation to and from the site should be substantially improved by -street and signaiiza- tion changes at nrickell and southeast 12th Terrace/Southeast 13th Street, Southeast 14th Street, Southwest 3rd Avenue/Southwest 13th Street/Southwest 15th Road, and numerous planned and programmed public improvements, including a proposed Metromover for the Brickell area. d. The City Commission also finds that:, (1) The project will have a favorable impact on the -2- 84-1141 85-- JLGO _ economy of the City; and (2) The project will efficiently use public transporta- tion facilities; and (3) The project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) The project will efficiently use necessary public facilitiest and _ (5) The project will have a favorable impact on the environment and natural resources of the Cityt and (6) The project will not adversely affect living conditions in the neighborhoods and (7) The project would no adversely affect public' - :hat afetys and (8) there is a public need for the project. Section 2. A Development Order, attached hereto as _ Exhibit 'A' and made a part thereof by reference, approving with modification, the Brickell Bay Office Tower Project, a Develop- ment of Regional Impact, proposed by C. Robert Cusic, Trustee, for RENAISSANCE TRACT 'A' (118-19) of the Public Records of Dade County, Florida, at 1005 South Bayshore Drive, be and the same is hereby granted and issued. Section 3. The Application for Development Approval is ryLA incorporated herein by reference and relied upon by the /+ in discharging their statutory duties under Section 380.06, Florida Statutes. Substantial compliance with the represents- tions contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement amongthe irtimoo- es. -- - -- 1----- -- u, r f l Section 4. The Report and Recommendations of the South Florida Regional Planning Council, attached hereto as Exhibit 'B" are incorporated herein by reference. Section 5. The Development Order, as approved, shall be -3- 84-1141 85--160 - A • binding upon the applicants and any successors in interest. Section 6. The City Clerk is hereby authorised 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 Executive Center Circle East, Tallahassee, Florida 323011 the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 330211 and Clifford A. Schulman, Esq., Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen and Quentel, P.A., 1401 Brickell Avenue, Miami, Florida 33131. i i Section 8. The recitals of fact referred to in the _i herein •Whereas' clauses are true and correct and made a part thereof. _ PASSED AND ADOPTED this 10th day of October , 1984. Maurice A.Ferre ATT$ST: MAURICE A. FERRE, Mayor 9. ONGIE City Clerk REVIEWED AND r1 APPROVED BY: eP. f. 0 City At arney APPROVED Aft4 j H 'AN*P CORRECTNESS: Cit1I Attorney SEM/wpc/pb/326 84-1141 85- JL6Q . ,,..lk, EXHIBIT "A" ATTACHMENT TO RESOLUTION OCTOBER 11;1984 DEVELOPMENT ORDER Let it be known that the Commission of .the City of Miami, Florida, has Considered in public hearing on October 11, 1984; the issuance of a Development Order for a Development of Regional Impact pursuant to Section 380.06 Florida Statutes, said development to be located in the City of Miami, at approximately 1005 S. Bayshore Drive, being RENAISSANCE TRACT "A" (118-19) ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or eaaement of record. and alter due consideration of the recommendations of the Planning Advisory Board 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: Approval of Application for Development Approval subject to the following modifications: FINDING OF FACT -WITH MODIFICATIONS Development 1. The development proposed 719,083 square feet of floor area, comprised of -the following elements as specified by the. applicant in the Application for Development Approval. Approximate Element- Floor Area (s.f.) Spaces a Parking Garage (8-level) 388,428 733 MechaTruck icalDock an roof 22 Truck Dock 719 ucd Plaza . Ground Level 25,950 sq.ft. Parking Garage 725 spaces Open Space 25,950 sq.ft. Urban Plaza elevation above existing sidewalk 30% above 3.5 feet 70%. under 3.5 feet Linear Seating 876 linear feet Shaded Seating Area required - 30% 80% provided Plaza Area Trees required - 26 50+ provided Waterfront Walkway Continuous pedestrian walkway along entire waterfront This project will incorporate a landscaped plaza of a minimum of 25 950 square feet in area as described in the Planting Plan, 30 et No. L-3, Job No. 2300.1.005, dated 11-19-82 prepared by the Luckman Partnership, Inc. The project is further limited by the applicable provisions and procedures of the City of Miami-, and development plans submitted by the Luckman Partnership, Inc., sheets A1.1, A2.2, A3.1, A3.2► A3.3, A3.4, A5.1, A5.2, A5.3, L-3, L-4, and L-5, all dated 11-19-83- The Urban Development Review Board_ at Its public meeting of January 13, 1981, -recommended' approval of floor area ratio bonuses of 1.04 and siting adjustments to the north side lot line of 62 feet 10 inches and to the rear property line of 55 feet 6 Inches. On August 6, 19e4, C. Robert CUsic, Trustee, proferred an. agreement with the Florida Department of Community Affairs, providing that the applicant will occupy and otherwise utilize a maximum of 200,000 square feet of the building:for office use and net seek certificates of occupancy for the approximately' 48,000 square feet comprising the top floors of the building until a Development Order authorizing the aforesaid change of use is issued and final; or the appeal, if any, is otherwise resolved. The project, as defined immediately above, meets the requirements for the issuance of a .Development Order pertaining to a Development of Regional Impact as required under F.S. 390.06. . 84-114i Page 2 of 9 • 85-160_ - 85-160_ - f THE APPLICANT SHALL; 1. Install an •air quality monitoring station and conduct air quality monitoring for two weeks, with the monitoring location, parameters, and reporting requirements to be agreed upon by the Applicant, the Ctty, and the Dade County Department of Environmental Resources Management (DERM). 2. Implement best management practices to minimize air pollution, including: •.- Traffic flow improveatnts pursuant to Condition 13 below; -- Provision of bus and metrorail schedules and routes in project common areas; -- Provision of bus and metrorail schedules and routes in project common areas; Provision of at least five percent of all employee parking spaces for preferentially located car or van pool parking; and -- Establishment and operation of a van or car pool program to encourage ride sharing. 3. Obtain administrative approval from Dade County DERM for occupancy of the restaurant, bank, and retail spaces below the 100-year base flood elevation, or modify the building structure to comply with Federal and County flood -design criteria. 4. Yacuum-sweep parking areas at least once per week and not flush pollutants from parking areas into the stormwater drainage system.• 5. Use only native and other non-invasive species adapted to south Florida climatic conditions in project landscaping. 6. Incorporate the following energy conservation measures into the development:. -- Flexible air conditioning systems with an EER greater than 12_e: ahle to coal a sinale floor. Minimum use of incandescent lighting, with maximum use Of task lighting in work areas. -- lister flow in lavatories to .8 gallons per minute or less. •- Hot water--iesperstures set ell- or below 1050 unless otherwise specified by health codes. -- Centralized energy control system that will provide start/stop optimization, time of day scheduling, electrical demand lighting, night temperature setback/setup, programmed maintenance, and building lighting control. - - - -- -- Computerized elevator control'equipment. •- Non -electrical energy in the project restaurant for heating and cooking, except for microwave use. -- Bicycle support facilities, including secure bike racks, storage areas, and lockers. 7. Obtain all necessary approvals from Dade County Water and Sewer Authority (WASA) for provision of water and wastewater service to the project, and from Dade County Public Works Department for solid waste disposal service, prior to Issuance of any certificates of occupancy. 8. Require in all lease or sales agreements that: -- All areas within a facility with an SIC code identified by Table 5 of the Council DRI Assessment, as it may be amended by the Florida Department of Environmental Regulation, and where hazardous materials, as identified in Table 6 of that Assessment, as it may be amended, will be used, handled, stored, or displayed will be constructed with impervinus flooring without drains to allow cleanup of spills. outside storage of all hazardous material identified in Table 6, as may be amended, of the Council DRI Assessment, shall be prohibited. T -- For any facility identified in Table 5 of the Council DRI Assessment, as may be amended, the lessee or purchaser shall ensure that all hazardous materials 0 review by the City, Council, or State, one of the following types of documentation of appropriate hazardous waste disposal: - a-hazardons Waste eanifest, , - a bill of lading from a %transporter indicating shipment to a permitted hazardous waste management facility, or - confirmation of receipt of materials from a recycler or a waste exchange operation. 9. Construct one of the leading docks with impervious floors, sloped toward catch basins (without 'drains) for detention and cleanup of spills. 10. Developt within one year of the date of issuance of the Development Order, a fair share agreement with the City to provide a contribution to support nece%sary improvements in fire service in the area of the project, based on the criteria being developed by the Fire Department for its Impact fee program. 11. Construct the building to allow for emergency helicopter evacuation from the roof of the office tower, as shown in plans nn file. Further the applicant shall at any time that A feasible solution is found, provide roof space for a — communications antenna and supporting structure for the city's emergency communication system, said antenna and appurtenances together with necessary services shall be at City of Miami expense. The applicant shall retain the right of architectural approval. 12. Collaborate with the Police Department to incorporate security measures and systems into the design and operation _ of the project. 13. Fund, bond, or provide letters of credit to the City in the amount of $85,000 for construction of the following intersection improvements: . • Brickell Avenue/SE 14th Street - 31gnalization .,• _ a SW 13th Street/SW 15th Road/SW3rd Avenue - 31gnalization and restriping. + In addition, the applicant will fund a pro -rate share of the additional cost of the long-range transportation study currently being conducted for the Brickell area, but in no event will the applicant's responsibility Q r funding this stud) exceed $8,000.00. : • 84=1i41 Page 5 of 9 z a'' F):r. • j:-r�M1 85-i�a W 14. work with City to prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of the Develnpment Order. 15. Work with the City to gevelop a Minority Contractora/Subcontractors Participation Plan to* be submitted within ninety (90) days of the issuance of this Development Order. 16. Consolidate all original and supplemental information submitted to the Council and City into a revised Application for Development Approval (ADA) and submit three copies of the document to the Council and one copy each to the City and Florida Department of Community Affairs within ninety (90) days of the effective date of Brickell Bay office tower Development Order. THE CITY SHALL 17. In consultation with Dade County DERM, implement an air quality monitoring program in the Brickell area, require monitnring by developments as part of project approvals, and coordinate installation of monitoring stations throughout the area. 18. 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 in the area, which contribution shall conform to the criteria currently being developed by the Fire Department for its Impact fee program; provided however that the Applicant is granted a credit for fire security measures, in excess of current fire code regulations, that have been incorporated Into the building. 19. 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. 20. Obtain the required funds, bond, or letters of credit in the amount of $85,000 (1984 dollars), as required by Condition 13 herein, within six months of City and Council approval of long-range transportation improvements for the traffic impact area, based on the study currently being prepared pursuant to Lincoln Nasher and Development Orders. Page 6 of 9 84 h i . 21. Use the funds obtained pursuant to Condition 13 herein to construct the improvements identified in Condition 13 or the Improvements approved as part of the current long-range transportation study for the Brickell area. In the event that the developer of 1221 Brickell chooses to construct these some improvements, pursuant, to City Resolution /84- 589, the City shall use the funds contributed by the Brickell Bay Office Tower DRI to reimburse the developer of 1221 Brickell. 22. Provide that the effectiveness of the Development Order shall be stayed and no development permits thereunder shall be granted, until such time as an Amended ADA, providing updated information, is submitted to the Council, County, and State and an Amended Development Order issued, if Applicant Conditions #1 through 16 are not substantially fulfilled within two (2) 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 24 below that this Development Order runs with the land and its terms and conditions are binding on the Applicant, its successors, and/or assigns. General 23. 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 final Certificate of Occupancy is issued; to the South Florida 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 construction changes in the ensuing ' are expected to deviate substantially included in this Development Order. • Any additional responses required by ri State of Florida Department of Communi g4-11 Page 7 of 9 nr-A nf% A nrA taw♦ 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. 4. The effectiveness of the Development' Order shall be stayed and no development permits thereunder shall be granted, until such time as an Amended ADA, providing updated information, is submitted to the Council, County, and State and an Amended Development 0 der issued; if the following ^,�' a�ivities are not aubstan ally completed within two (2) yeahs from the effective d e of the Development Order: Condtruct, or provi a the funds, bonds, or letters of erediL�,for reco ended surface street improvements requirei'-b Ite 13 herein; i Obtain all ` red permit's. Should th Develot Order be stayed pursuant to this conditio , nothing h in shall be construed to limit j Item 2 below that this D lopment Order runs with the land end its terms and conditions re binding on the Applicant, Its successors, and/or assigns. The applicant shall record the Brickell Bay Office Tower Development Order with the Clerk, Dade County Circuit Court, pursuant to Section 380.06(14)(d), E.S., specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns. The Applicant shall 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 Brickell Bay Office Tower, a Development of Regional. Impact located . at approximately 1005 S. Bayshore Drive. RENAISSANCE TRACT "A" (118-19) b) That the developer of Brickell Bay Office Tower is DeBartolo - LDS/CV with offices at 2 Chatham Center, Suite 575, Pittsburgh, P.A. 15219. 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- 84-1141 Page 8 of 9 0 85-166 - d) That the Development Order constitutes a land development regulation applicable to the property; that the conditions contained in this Development Order shall run witli the land and bind all successors in interest; It being understood that recording of this notice shall not constitute a lien, cloud •r encumbrance on real - property, nor actual nor constructive notice of any of the some. f� The Applicant shall consolidate all original and supplemental information submitted to the Council and City into a revised Application for Development Approval (ADA) and submit one copy of the document to the Council, City, and Florida Department of Community Affairs within ninety (90) days of the effective date of Brickell gay Office Tower Order. CONCLUSIONS OF LAW The Brickell Bay Office Tower Project, proposed by C. Robert Cusic, Trustee, 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. i 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 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. Changes in the project.which do not exceed development parameters set forth In the Application for Development Approval and Report and Recommendations of the Regional Planning Council shall not constitute a substantial deviation; under Chapter 380 Florida . Statutes, notwithstanding City zoning approvals which may be required. g4�-1141 Page 9 of 9 85-1f 0 - -