HomeMy WebLinkAboutR-84-0762A RESOLUTTOra AMFT--JnrraG THE MJAMT CENTER
II DUPONT Pl'-eAZA PROJECT T)EVET_,OPMENT
ORDER (RESOLUTTOI,!S 81_--840 , SEPTENBER
24, 1981_; NIdl) R2-71., IAT,11JAP 7T3f 1982)
BY AMl-,,NDIN(.; CONDITTOIN 26 TO l"I"ITHIND THE
TIMI_; NITHIN VVIIT.CII =t)R }`.iANTT7\T, DTVI L,OP-
MENT TS TO BEGIN T'NON T_h(_) YEARS AND
SEVENTY:--PIVE, DAYS TO TWO YEARS AND
EIGHTY DAYS OF' THE RECORDED DATE OF
SAID DEVELOPMENT ORDER, AND FINDING
THAT SUCH ANF-,NDMENT DOES NOT CONSTITUTE
A SUBSTANTIAL, DEVIATION UNDER CHAPTER
380, FLORIDA STATUTES; FUR`.I'HER CON-
TINUING UNTIL JUL,Y 31, 1984 THE PUBLIC
HEARING WHICH COMMENCED ON JULY 12,
1984 IN REGARD TO FURTHER AMENDMENTS TO
SAID ORDER.
WHEREAS, the Commission issued a Development Order for the
Miami Center II DuPont Plaza project by Resolution 81-840,
September 24, 1981; and
WHEREAS, the Commission subsequently amended the Miami
Center II Dupont Plaza Development Order by Resolution 82-71,
January 28, 1982; and
WHEREAS, by Resolution 83-1006: October 27. 1983. the
recorded date of the Development Order was confirmed as May 12,
1982; and
WHEREAS, by Resolution 84-527, May 10, 1984, the Commission
extended the Development
Order
by
75 days;
and
WHEREAS, by Motion
84-526,
May 10,
1984, the Commission
established a public hearing date of July 12, 1984, for the
purpose of considering amendments; and
WHEREAS, by Resolution PAB 52-84; June 20, 1984, the
Planning Advisory Board recommended an amendment to the Develop-
ment Order; and
WHEREAS, the Commission considers that a time extension
within which substantial development is to begin would be
advantageous to the City of Miami, Metropolitan Dade County and
the State of Florida; and
WHEREAS, the Commission may wish to consider further time
extensions and amendments to the Development Order; and -fCITY
C0h'11,�1I SSLOI��
MEE`Tlly C; OI'
JUL 1' 1 ;ee''
kE64i:kh�
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WHEREAS, the City Commission desires to give affected
parties ample opportunity to be heard on such time extensions and
amendments;
NOW, THE)<EFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Commission,in the course of an
advertised public hearing at which interested parties were given
the opportunity to be heard, hereby finds that the following
amendment to Condition 26 of the Miami Center IT DuPont Plaza
Project Development nrder (Resolutions 81--840, September 24,
1981, and 82-7.1, January 28, 1982) does not constiti.,te a sub-
stantial. deviation under Florida Statutes, Chapter 380.06 (17)
(a)-(b) Florida Statutes, as described in the Development Order.
Section 2. The Miami Center II DuPont Plaza project
Development Order issued by Resolution 81-840, September 24,
1981, and amended by Resolution 82-71, January 28, 1982, is
hereby further amended, only in respect to time, in the following
particulars. 1
Condition 26 of the Development Order is hereby amended
as follows:
"26. The Development order shall be null and void if
substantial development has not begun in two (2)
years and seventy-f-ive-{75} eighty (80) days 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
Condominium 'rower_ and garage;
-- obtaining all required permits, variances, and
approvals;
-- preparation and approval of raised pedestrian
circulation <:le(l'if nt Mans;
-- dedication of all ricatit-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
anti/or a private section front -ending agreement
for construction of the I-95 bifurcated ramps;
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. Asterisks
indicate omitted and unchanged material.
2
S4- 762
illillilillililljllllIIIIIIIIIIIIIIIIIII
mn �rniiennn inmmr �._
�
�
�- construction of the drainage system for the
Condominium Tower and Miami Center IT garage."
Section 3. The public bearing vvhicb commenced this date
is hereby continued Ln July 31, 1-984 at 3:30 P.M. at City Ball at
3:30 P.M. for conniHeraLion of a further time entenpion and other
amendments to the Miami Center II DuPont Pla7.a Development Order
(Resolutions 81-840, September 24/ 1981/ and 83-7I, January 28,
1982), and for consideration of vvbetber those amendments con-
stitute a aubStantial deviation under Chapter 380, Florida
Statutes.
Section 4. The City Clerk is to immediately transmit
copies of this resolution to the State of Florida Department of
Community Affairs and the South Florida Regional Planning
Council.
PASSED AND ADOPTED this 12tb day of July v 1984°
ATTEST: Maurice Maorioe A. Fezzey
uaWu G. wmGIE ^�v
�� ^^ City Clerk
PREPARED AND APPROVED BY:
A well� �P- - - 41N\ �/44 W
Vstant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Howard V. Gary
City Manager
Scdr-o Rodriguez, 11:Uiector
'Planning Department
July 2, 1984 _-
Amendment; t.o Mi.ami. Cette)� II
DuPont PInzn Development Order:
Time Extension
City Commission Agenda of
July 12, 1984
The Planning Advisory Board has recommended
a) a finding of no substantial deviation and
b) an amendment - a time extension -
to the
Miami Center 11 DuPont Plaza
Project
ev�eloopment Order Resolutions i-81-
10;
e�ber 24,� 1 981 ; (132-'T 1 ; January 24,
1982,
and 84-527; May 10, 1984) a Development of
Regional Impact to be located in downtown
Miami at approximately 201-399 SE 2nd
Avenue,
and approximately_ 201-399 SE-_7_th
Street
Biscayne boulev�ird Way) being all of
)flocks
7, -3 and—T,-DUI'Ou'1' PLAZA-��50-- 1 1 i
The Planning Advisory Hoard on June 20, 1984, by a vote of 7 to
0, one member absent, recommended a finding of
a) no substantial
deviation and b) an amendment - a 90 day time
extension to the
Miami Center II DuPont Plaza Development Order,
a Development of
Regional Impact to be located in downtown 'iiami.
On June 28, 1984, the Commission passed Motion 84-726
reconfirming previous Motion 84-526; May 10, 1984, that the
Commission would hold a public hearing at 3:30 PM Thursday,
July 12 at the Manuel Artime Center for the purpose of
considering an amendment - a time extension - to the Development
Order.
It should be pointed out, that by memorandum of June 21, 1984,
(attached) the City Manager recommends a 65-day time extension to
September 29, 1984, and the establishment of a future public
hearing date of September 27, 1984, to consider further
amendments. The resolution has been drafted to reflect the 90
day time extension as recommended by the Planning Advisory Board.
SR/JWM/vb
Attachments
84--'762
84- 76 w.
11
1
EXCERPTS
MIAMI CENTER II
DEVELOPMENT ORDER
84--'76
Ilk
The Applicant Shallt The City Shall:
the obligation to pay for
and construct the pedes-
trian connections iii 10a.
12a. Reach. agreement
with 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 -
rent, 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
colloboration with con-
sultants for the Florida
Department of Transporta-
tion -a technical opera-
tions and impact analysis
of certain modifications
to the current traffic
concept plan adopted by
MPO Resolution 1-81;
January 26, 1981 and which
modifications an set forth
in Figure 3 attacIlfad
'Modified Rec(ymmended
Highway System Plan' have
been recommended by the
be granted for complete
operation of the project
until the req"ired pedes-
trian circulation system
elements are completed,
contingent on performance
by Southeast Bank/Gerald
D. Hines Interests, the
DuPont Plaza Hotel and
the owners of the Pan
American Bank Builaingi
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, ownership, insu-
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 completion.
13b. -Hereby approve,, in
concept the "Modified
Recommended Highway Sys-
tem Plan" (Figure 3
attached) as recommended
by the DuPont Plaza Task
Force September 2, 1981;
it being understood that
that EIPO will he urged to
substitute this plan for
the plan previously
adopted by 1,111,0 Resolution
1-81; January 26, 1981.
The City shall continue
to urge FDOT to maintain
84--r7f;2
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��IGURE 3 P.tODIFIED RECOIL'fEt EJ wJi A� reccmmended by th* DuPont ?1lz'
•• �s.''f�k. �11I I' I1I61119AY SYSTEP.i TLAN •9-2-81, to be forwarded to the NI?O �:, a s'a - i �?
g :tOP'
stitute for the plan previous1Y adOd
a I
3
MPO Resolution 1-81 ; j anuarY 28 , 1
• _. __�_.,.......�>„e..rni _ '��.,4 &.try e �'-,-..>. K ; ~'a i � h r N i . _" Id
M,
DuPont Plaza Task Force
at least one -north -bound
on September 2r 1981#
lane from the Drickell
with the participation of
Bridge to Sr. 2nd Avenue,
the Applicant,. Soiitheast
to SE 3rd Street to SE
Bank Financial Center/
3rd Aveniie.
Gerald D, .'incs Tilte-re-Sts
and thc DuPont Flaw
The City shall not grant
Hotel.
a building permit until a
copy of this Development
Upon tile- granting of all
Order has been transmit -
variances and conditional
ted to the South Florida
'Regional
use permits necessary for
Planning Council
the development of Miami
and a period of 45 ddys
Centex, 11, as discussed
has elapsed from the date
in Paragraph I hereof,
of issuance of this
and the obtainment of any
....:.Development Order,
necessary action or agree-
ments from tile City re-
quired for the construc-
tion of the Miami. Center
II garag'-, the Applicant
shall dedicate all ease-.
ments and ,right-of-way,
owned by the Applicant,
required by the City,
County and State to im-
plement (or provide access
to) required transporta-
tion and second level
.pedestrian system improve-
ments, specifically in-
cluding required dedica-
tions along the north
right-of-way line of SE
4th Street (Biscayne
Boulevard Way).
14a. Assume that the
14b. It.is expected that
MOT has a consultant
the FDOT will have a con -
under contract by Septem-
sultant under contract by
ber 11, 1931 for the task
September 11, 1981 com-
outlined in 14b, committed
mitted to completing con -
to completing construction
struct i on documents 12
documents either a) 12
monl-hs thereafter.
months thereafter or b) 12
railing which:
months prior to the esta-
blished completion of
The City shall prepare
construction of the Miami
plans, specifications and
Avenue Bridge, whichever
estimates for the design
conditions are more len-
and engineering of all
ient; failing whicht
surface street improve -
I ments in DuPont Plaza,
The Applicant shall pre-
such doctniients, if re -
pare, according to speci-
quired shall be completed
fications to be agreed
by September, 1982. (See
upon witli 17DOT, design
city commission Resolution
and engineering plans of
81-113; February 26, 1981.)
the X-95 bifurcated ramps
to the curface btreets
and Miamii Center II
garages (Lee. V'iqure. 3)1
and obtain tinal MOT
approval thereof; cuch
documents, if required,
shall be completed by
February, 1983.
-P 4 0
yI The Applicant Shalit The City Shall: -
A
s a cone t on o nq
a building permit, the
applicant agrees to pro-
.
vide n maintenance- of
traffic plan and a con-
struction employee park-
ing plan by calendar quar-
ters until July, 1994 or
the issu-�,nce of a certi-
ficate bf occupancy for
-
structures i.n Mj ami Cenn
' ter 11, to be approved by
the City.
:
15a. Fund, bond, or pro-
15b. Insure that the re -
vide a letter of credit to
:. quired funding, bond or
the County anal/oar State
letter of credit has been
for up to $813,200 (in
provided prior to issuing
1980 dollars) for State
any building permits for
and/or County contruction
the proposed development
of surface street Smrpove-
or certificates of occu-
ments in DuPont Plaza
pancy for any portion of
generally similar to those
Miami Center I (Ball Point).
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'DCM system
shall not exceed those
'
costs which the County
would have incurred had
the DuPont Plaza DCM
station been built as in
the conceptual transpor-
tation plan adopted by
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 II garage to the
-,
I-95 connector at an
appropriate time to be
determined by FDOT, to
insure simultaneous com-
pletion of the 1-95
bifurcated syst€in.
16a. Cooperate.vith the
DuPont Plana Hotel in
obtaining a direct ramp
connection from 1-95 into
any new building erected
{
on the DuPont Plaza Hotel
/
site.
a
" -12-
0
84 ;-76;Z
.� gl.840
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 tx
preferred op-
tion,
arrange loans
to or
bond purchase
from
appropriata
governmental ag e a-
cies.
based on an
27. Evaluate, in colla-
boration with the Dade
County Dept. of Traffic
and Transportation, the
Dade Co"nty Office of
Transportation Admini-
stration and Florida De-
partment of Transporta-
tion the recommended op-
tions,, contained in the'
Report and Recommenda-
tions of the South Flo--
rida Regional Planning
Council (Exhibit "B") "
and any other options
which may be feasible for
public sector financing
`-(14.6 million in 1980
dollars) of the I-95
bifurcated ramps to the
Dupont Plaza surface
street system; and pre-
pared a report and recom-
mendations, to be sub-
mitted to the Regional
.Planning Council, the
Metropolitan Planning Or-
ganization, Downtown De-
velopment Authority, and
Florida Department of
Transportation for review
and comment within one
year of the date of the
Development Order, on the
preferred options which
should be pursued, in-
cluding the steps neces-
sary to insure their
realization so that con-
struction may begin im-
mediately after comple-
tion of ttie Miami Avenue
Bridge project. Conside-
ration shall be given to
the increased ad valorem
revenues from Southeast
Bank and Miami Center I
(Ball Point) and II in
funding these_ necessary
improvements.
W13- 84-762
81-840
The Appliccant Shialli.x
The City Shall:
1.
equitable reimburse-
ment agreement among
appropriate parties .
which shall specify
inters `t rates and
maturity dates; or '
b) Arrange loans to, or
bond purchases from
:
4
appropriate govern-
mental agencies, to
' be evidenced by tax-
exempt governmental
obligations which
are eligible for
.:; _...
pledging (at a mar-
ket value that
equals the full pur-
chase prase) against
i
public deposits by
the State of Flo-
rida, as determined
by the Floxida State
Constitution, State
Statutes or the State
Controller; whichever
is applicable; if a
public sector finan-'
sing package has not
— been commited by
'
September 30, 1982.
- 19a. Promote energy con-
19b. Work closely with
servation and the use of
the Downtown Development
public transit by partici-
Authority, the Dade County
pating in Transportation
Office of Transportation
System Management, coon-
Administration and the
• dinated with the Dade
Applicant to promote tran-
County Office of Transpor-
sit use; shall encourage a
tation Administration,
downtown parking pricing*
through such measures as
policy to discourage 8-
employer-subsidized ride-
hour use and shall con -
sharing progrz:rns and van
tinue enforcement efforts
pools; variable work hour
to restrict or prohib.-Lt
schedules such as staggered
on -street parking, all
work hours, flex -time and
of which are intended to
- a 4-day word: week; employer
maximize the use of the
subsidized transit use
available roadway capa- '
coupled with remote -site
city.
parking policy to die -
courage B -hour use. The
applicant chall prepare
a report for review with-
in 60 days of this Dev-
velopi;:ent Order.
= Energy conversation
The Applicant Ghall:
i
- 20. Prepare a technical feasibility
analysis for construction and
operation of a cogeneration facility, which analysis must in-
clude those elements specified
in SFRPC report (Exhibit •B")
III OWN-