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HomeMy WebLinkAboutM-84-05262 U 7 :OMMISSION DISCUSSION CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM TO: Howard V. Gary City Manager FROM' o o iguez, Director P1 epartment DATE: May 3, 1984 FILE: SUBJECT: Public Hearing Item - Miami Center II Development Order (Res. 81-840, 9/24/81) and Res. 82-71, 1/28/82) REFERENCES: Agenda Items 13 and 36; City Commission Meeting of 4/26/84 ENCLOSURES: Per Resolutions 84--481; April 26, 1984, the City Commission will hold a public hearing to consider a time extension and other amendments to the t1iami Center 11 Development r�5deer ( esolutions x ��#C? September 24, 1— 2 , a rZ i] cI) 7 1 F January 2 �j , 1 i) �l " ) .. e' The purpose of t h i s l)ub). i c I i e �3r i nt i ;; tc) 11.ow a general discussion of Iliami- Center 1 � nd III i��r1}i. Center II, possible amendments to t;he 11iarty-i. CCIIt. eI, 1 _t 1)cvcIo1,r,icrit Order, and _ possibly, .a future public her.rinf- on the In the next; agenda item, the Planni.n Tarp ,rtn}c nt, is recommending a time eaten ion to t:hc Miami. Center 11 Development Order. Prior to and during discussion of agenda items 13 and 36, City Commission meeting of April 26,1984, pertaining to Miami Center I and II, Commissioner J. L. Plummer had requested a) a response as to whether portions of Miami Center I could be deleted and b) discussion of air rights, the bifurcated ramps, and the Downtown Component of Metrorail station, as they pertained to Miami Center II. Miami Center I Project The building program, as approved by Development Order (Resolutions 79-396; May 24, 1979 and 81-840; September 24, 1981) issued by the City Commission is shown below. The project, as presently constructed is also shown below. Page 1 of 5 Mv7Y0N s4- 5z6 Howard V. Gary May 3, 1984 as Approved as Built Component Phase I Office Tower 805,400 GSF 805,400 GSF Retail 85,000 GSF 85,000 GSF Hotel (630 units) 658,400 GSF 658,400 GSF Parking 1670 sp. 1145 sp.** Phase II Residential 324* not "e constructed Parking 695 s . 7375 sp. e uced to 324 units: letter from Mr. Gould January 21, 1983. **1145 regular spaces can accommodate 1485 valet parking spaces. The conclusions are: 1. The developer may delete a portion of tale project e.g., phase 2 residential units and perking. They Development Order limits the project, but; does not require that all parts be built. A similar situation pertains to condi.tiona1 use approval. 2. This Department is concerned about the discrepancy between the a) amount of parking proffered by the developer and approved by the Commission and b) actually provided, for the office building and hotel. However, the developer proceeded under a valid building permit issued by the City. A final Certificate of Occupancy is being withheld from Miami Center I (1st Phase) per the recommendation of the Planning Department that the developer a) covenant to provide $250,000 for a pedestrian overpass to the Biscayne Boulevard DCM station (at SE 2nd Street) and b) provide $945,000 for surface street improvements in DuPont Plaza. Both conditions are required by Development Orders. Miami Center II 1. Air Rights Once rights -of -way are dedicated to the public, the City acts as trustee for the public; abutting property owners have those customary rights such as access. Moreover, the City, by permit, may allow certain infringements such Page 2 of 5 84-52C, 0 Howard V. Gary May 3, 1984 as signs, overhangs, etc. Permission to construct private pedestrian overpasses, over public rights -of -way has customarily been granted by the Commission through an authorizing resolution. In the case of the DuPont Plaza rights--of-way, Dade County has conducted internal analysis sufficient to conclude that, through common and statutory .law, the public has rights, adequate and sufficient legally, to construct and operate the DCM station on SE 3rd Street without compensation to the abutting private owner. Further, the City may, at its option, move to establish fee simple title to the SE 3rd Street right -of --way, thereby further extinguishing any rights claimed by the abutting private property owner. Chapter 95,361 Florida Statutes provides (in summary) that where a municipality has constructed and maintained a right-of-way for a period of 4 rears, fee simple title may be established through proof or declaration. 2. Bifurcated Ramps in DuPont Plaza Per the hii.ami. Center II Development Order, the developer is obligated a) to dedicate all easements and right-of-way to implement required transportation improvements, specifically including required dedications along the north right-of-way line of SE 4th Street, upon the granting of all variances and conditional use permits necessary for Miami Center II and agreement from the City for the construction of the Miami Center II garage (Condition 13a). b) to front-end $11.68 million (1980 dollars) for the construction of the bifurcated ramps through loans or bond purchases if a public sector financing package has not been committed by September 30, 1982 (Condition 18). e) fund, bond, or provide a letter of credit for up to $813,200* (in 1980 dollars) for surface street improvements in DuPont Plaza, prior to the City issuing a building permit for Miami Center II or a certificate of occupancy for Miami Center I. *August, 19 3 = 945,000 Page 3 of 5 84-526 2 U Howard V. Gary May 3, 1984 d) construct the direct ramps from the Miami Center II garage to the I-95 connector. (See attachments -- pages 9-14 from the Development Order.) The Florida Department of Transportation (FDOT) by letter of April 10, 1984 (attached), states that the design of the proposed extension of the I-95 Downtown Distributor into DuPont Plaza is now at the 50% completion point. The FDOT letter further requests that the right-of-way necessary for the bifurcated ramps in DuPont Plaza be dedicated immediately by the developer to the State in order to meet their construction schedule. At the same time, the FDOT letter states that the substantial front end funding by the developer for the ramps may no longer be required, but that, the financial contribution by the developer for local_ street Improvements is still required. 3. Downtown Component: cif' Metro► rsil_ (f-C1S) St.«tion Per Condition 15"Li cif the 17eve1.0pill ent Order, the assumption jr, made, that the total, cost:. to Dade County for the DCM ,yst< in shr.l.l. not; raxcced t.1)o.: c cost:: �•rhich the County would have incurred had the Dupont, P3.aza DCM Station been built as in the conceptual. transportation plan; any additional costs for the proposed relocation are the responsibility of the developer. Dade County has already made, and will incur, substantial expenditures for the proposed DCM station on SE 3rd Street, between SE 2nd Avenue and SE 3rd Avenue, including the following items: 1) $170,000 for an electrical equipment building on the Howard Johnson property; 2) A court award arising from a condemnation suit for the property under the equipment building (above); and 3) Additional charges from Westinghouse, the prime DCM contractor, for re -design and construction delays arising from ttze relocation of the proposed DCM station, from east of 3rd Avenue to west of 3rd Avenue, as requested by the developer of Miami Center II. The Planning Department further understands that Dade County has no intention of a) proceeding with this DCM station unless Miami Center II is built and satisfactory Page 4 of 5 84-52f; 0 It Howard V. Gary May 3, 1984 private financial participation is provided or b) compensating the developer of Miami Center II for any "air rights" (see previous discussion). The County judges that the World Trade Center DCM station and the Biscayne Boulevard DCM station (between 1st and 2nd } Streets) will provide adequate service to the DuPont Plaza Area. If the City Commission is interested in considering further amendments to the Miami Center II Development Order, then a public hearing July 12, 1984, would be appropriate to allow proper notice. SR/JWM/vb Page 5 of 5 42--tYR}c :4 �e 0 � f POP OMAHAM GOVIA"OR Miami Regional Service (1--nter 401 N.W. 2nd Avenue, R= 220 Miami, Florida 33128 April 10, 1984 �;QQtESE� -30\ Mr. Howard Cary, City Manager City of Miami 3500 Fan Fimarican Drive City Hall Miami, Florida 33133 Dear Mr. Cary Fe: I-95 D:7wntxun Distributor ramps WPI Ib. 61,13307 State jc.") tea. 87006-1503 rb d-r* 7te D`part-a:-nt is currently at the point of fifty peroant (50%) ecinpleticn of final dasign for th-- proposed extension to the I-95 Downtown Distributor into Dupont Plata. Our. -duled letting date for construction of tip initial portion of this major project is Jane, 1985. As you know, the development of this project has baen a joint effort invol- ing the State, City and County as well as private developers. A portion of the right--of-vay required is to b-- dedicated by t2-k-- developer of the Miami tenter Project through a Development order issued by the City. At this time, the Dowmtcwn Distributor Project is at the stag When right--of-way dedication must begin in order to maet our conttuction schedule. Enclosed is a copy of a right-of-w-ay map indicating the parcels required. It is our under -standing that the latest extension to tl)2 Mizj- d Q=_nter Development Order will expire on shy 12, 1984, and will require an action by the City uz the caring -ks to rur a in in force. If possible, we recpUest that tin;✓ Crd--r's extension include a m-qui.renent to dadicate the needed right-of-way to th~ Stag ire iediately. At the szua- t:iare, 6e believe that the Davelcq-irent Order's requirciaant for-,abstantia1 front end funding by the developer for thn rw,.I)s irr:y no lorigar b--- rv--Quired since the Eupart- ment has se -cured R--decal fixanc.ial participation. F ero r, financial contributions for local strut i.-t-proverrents nequiaed by this and other Developuent Orders ai-e still w- cessary and nxist he available for camiitment purposes prior to the abcne rrenti.oned letting date. Y• 84- 52C Mr. ixxar+d Gary a. April 100 1984 Page 2 Clonstrniation of the Doumt-own Distributor extension currently envisioned is contingent upon the dedication of the Miami Center right -of -sway. Your Assistance will be greatly appreciat�ea. -�l , Since i ight District Engineer JC7GICW Enclosures cc: Paul N. Pappas, Secretary bcc: William Miller, John Taylor, Edward Yue, George CambeU, Joe I4aays, Carol Fortlun3n The Applicant Shalls the obligation to pay for and construct the pedes- trian connections in 10a. 12a. Reach agreement with the City concerning the remaining pedestrian circulation system issues as describcd. in 1213 with- in 21.0 -6ay of_7 i-he is- suanco Order, C.41J,hor the 1) c S , t Bank,,, ij-1-11 OVC(ry T) al'i or( in tho �3 ment, prove by City commisA,(:n -, n 6 1,. n a complete repor-1- 1,,,a the South Florida, Regional Planning Council on 10ap 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 1-814-P January 26, 1981 and which modifications as Let forth in Figure 3 attached 'Modified Recommended Highway System Plan* have been recommended by the The City Shalls be granted for complete operation of the project until the required pedes- trian circulation system elements .ire completnde contingent on per-AlCom.,ance by Southeast Jlan%/Geriald D. Hines Interests, the DuPont Plaza Hotel and the owners of the Pan American BanX nuildingr provided that certificates of occupancy will be granted for completed pro- Ject elements (Paragraph 'l) 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 accoss At-, n d reach agreement E- ' t-lic Appli- cant vithin 21.0 6ny,; of the iuanccl (", �! ,, this Development ' ()Y:dor( rccog- nizing the inc).-ca,,,cd tax revenues to be generated upon project completion. 13b. Hereby approve, in concept the "MoZified Recommended Highway Sys- tem Plan" (Figure 3 attached) as recommended by the DuPont Plaza Task Force September 2, 1981; it being understood that that MFO will be urged to substitute t1iis plan for the plan previously adopted by MVO Resolution 1-81; January 26, 1981. The City shall continue to urge FDOT to maintain a 81-840 6 U XJ. I 31.tj - F7 L.L IIGURE 3 MODIF'IED RECOAUIEtfrEff 'Ag recommended by the, DuPont Plaza" -Task 7orcal HIGHWAY SYSTE.1.1 -PLAN .9-2-81, to be forwarded to the MPO as a Sub- stitute for the plan previously adopted by ILDO Resolution 1-81. ; Januar7 303, 1931, mapp - Fa-17T 3'= r t •• The Applicant Shall: The City Shall: DuPont Plaza Tack Force at least one -north -bound on September 2, 1981, lane from the Brickell with the participation of Bridge to, SE 2nd Avenue. the Applicant, Southeast to SE 3 d Street to SR Battik Financial Center/ 3rd Aven"n. Gerald O. Hanes Interests and the Dupont Plaza The City shall not grant Hot:el.• 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 Florida use: permits necessary for Regional Planning Council the development. of Ma.ami and a period of 45 days Center 7il, 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 the City re- quired for the construc- tion of the Miami Center IT garage, the Applicant - - shall dedicate all ease-. ments and right-of-way, owned by the Applicant, required by t bc City, County and' F7-t7aitc to im- plement (o---- 1-3-ovi.6c, access to) ,rcgi.ii:. (-6 t;.J;`z=ns orta— tion.. c' ntl :=(`c..oi)0 J,c vel . pedestur r_r.;.n improve- ments, in - eluding dc .(ca- tions <3.c nsj '(,he north right-of�cua r ) 5.ne. of SE 4th Street: (niscayne Boulevard Way) . 14a. Assume that the 14b. It is expected that FDOT has a, consultant the FDOT will ha--e a con - under contract by Septem- sultant under contract by ber 11, 1981 for the task September 11, 1981 com- outlined in 14b, 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 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 which: surface street improve- ments in DuPont Plaza, The Applicant shall pre- such documents, if re - pare, according to speci- quired shall be completed fications to be agreed by September, 1982. (See upon with rDOT, 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 II = garages (Lee Figure 3)t and obtain final FDOT approval thereof; such documents, if required, ' shall be completed by February, 1983. i . -11- 81 —840 The Applicant Shall: As a condition of issuing a biiildinq permit, the Applicant ngreen to pro- vide a M -Aint--nance of traffic plan and a con- struction employ cue park- nq plan by calendar quar- ters until July, 1984 or the issuance of a certi- ficate - 6f occupancy for structures in Miami Cen- ter XXj to be approved by the City. 15a. Fund, bond, or pro- vide a letter of credit to the County and/or State for up to $813,200 (in 1980 dollars) for State and/or County contruction of surface street i-mrpove- ments in DuPont Plaza generally similar to those improvements shown on pages 60-68 of the Report and Rccommcndations of the Sou.-Ik-h Florida Recional Planniyio Cotincil (Exhibit B). It, that the to-',­z�tl t,o Dade County foi: 0)(I:)C`Pa system shall. n(".A.< those costs County Would ));_ZVCII 1.T'1C1;3)'_'rcd had the Di.Wont_ F, 1'- -za 14M station L)ecn 1)tiilt 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 1-95 connector at an appropriate time to be determined by FDOTr to insure simultaneous com- pletion of the 1-95 bifurcated system. 16a. Cooperate wi0i the DuPont Plaza Hotel in obtaining d direct rainp connection from 1-95 into any new building erected on the DuPont Plaza Hotel site. 012. 46 V-1�6 1b The City Shall: 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), --- The Applicant Shalls is* -Front end 8 0 % MI. 66 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- cies, based on an The City ShaI12 17. Evalunto, in colla- boration vrith the Dade County Dept- of Traffic and Transport;i.tionp the Dade County 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 -114.6 million in 1980 dollars) of the 1-95 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, I)ovntown De- velopi*,ic,n-",-. Authority, and Trans) and \'i!-))J'none year 0Y tlw the DevcAoI-,,ri-wnI_ Ord(' ' 'r, Cn the pref(.,xY(-_-6 E-ryhich should Y)ct pvir'mc,6, in- cluding thc f;t'ep!7 neces- sary to i.nS11rry -their realization co that con- struction may begin im- mediately after comple- tion of the 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 11 in funding these necessary improvements. 81-840 Y- t/ The Applicant Shall: equitable reimburse- m-ent agreement among appropriate parties which shall specify interest rates and maturity dates; or b) hrrange loans to, or bond purchases from 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 price) against public deposits by the State of Flo- rida, as determined by the Florida State Constitution, State Statutcr or ik-he State Coptrollr-, i,-1)5.chcver a pub l.ic C3.11a ))'zs riot be c, iA c cl il i i i (I by 11 30t 1982. 19a. prom,3i.r. cOn- servation �,nei tli(-, u, c of public trr_�nr-_A_t_ 1.,y partici- pating in TrLnc-,T?orI.-,ation System Mcanagcmcnt., coor- dinated wi t- h 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. Energy Conversation The Applicant shall: The City shall: ME 9 RV Ni 19b. Work closely with the Downtown Development Authority, the Dade County Office of Transportation Administration and the Applicant to promote tran- sit use; shall encourage a downtown parking pricing policy to discourage 8- hour use and shall con- tinue enforcement efforts to restrict or prohibit on -street parking, all of which are intended to maximize the use of the available roadway capa- city. 210. 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 OB")