HomeMy WebLinkAboutR-83-03484 6
J-83-3i6
RESOLUTION NO. 83--348
A RESOLUTION C0NCERNIC:,; Tt]E SOUTHEAST
FINANCIAL CENTER, A DLVELOPMENT OF REGIONAL
IMPACT, LOCATED AT APPROXIMATELY 200-298 S.
BISC:AYNE BOULEVARD, MIAMT , F VORIDA; MAXING
FINDINGS; AND AUTHORIZING COMPLETION OF SAID
PROJECT AT A HEIGHT OF 765 FEF;'r AhOVE GRADE
PLikSUANT TO THE DEVELOPMENT ORDER EMBODIED IN
RESOLUTION NOS. 81-36 AND 81-223 OF THE CITY
COMMISSION.
WHEREAS, the Miami Zoning 13oard adopted Resolution No. ZB
38-61, grantinq a variance to permit a height of 765 feet above
grade for the Southeast Financial Center; an3
WHEREAS, the City Commission, pursuant to Resolution 81-36,
considered ana approved said variance by Resolution 81-223, dated
March lb, 1981; anti
WHhkEAS, Section z.d of Resolution 81-223 provides that the
City Co.nmission wolil-i need to authorize any building height in
excess of the then existing height r,�commendations of the Federal
Aviation Administration (FAA); and
IVHERhASI the FAA has sul:,seauently chanqecj its height
recommendations and approved an elevation of 777 feet above mean
sea level for the Southeast Financial Center which elevation is
in excess of the 765 feet above grade height previously approved
by 'Zoning Board Resolution No. Zb 36-81 anti by City Commission
Resolution No. 81-223.
NOW, ThLREFORL'', 13E 1T RESOLVED BY THE COMMISSIUN OF THE CITY
COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals of fact set forth above are true
and correct and are hereby made a rpart hereof as findings of
£act.
Section 2. The completion of tide Southeast Financial
Center in accordance with its Development Order to a height of
765 feet above parade is hereby authorized pursuant to Section 2.d
CITY COMMISSION
MEETING OF
APR 28 1983
of Resolution No. 81-223, as tieing in accordance with current
height recommendations and approvals of the Federal .Aviation
Administration.
PASSED AND ADOPTED THIS 28th clay of April, 1983.
(tau ice A. Ferre --
MAURICE A. FERKE, MAYOR
ATT E S
tLPh . ONGIE
C 'Y CLERK
PREPARED AND APPROVED BY:
aJEL E. MAXLNEL
SISTAN'T CITY AITORNEY
APPROVED AS TO FOKN AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
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83-•348
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Howard V. Gary
City Manager
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Sergio Rodriguez, Director
Planning Department
'Al F. April 21, 1983 FILE-.
, RESOLUTION - AUTHORIZING 765'
HEIGHT ABOVE GRADE FOR SOUTH-
EAST FINANCIAL CENTER, 200-298
S. BISCAYNE BOULEVARD
Commission Agenda - April 28,
1983 Planning and Zoning Items
It is recommended that a height of
765' above grade be authorized for
Southeast Financial Center, approxi-
mately 200-298 S. Biscayne Boulevard,
pursuant to Resolutions 81-36; January
15, 1981 and 81-223; March 18, 1981
and Zoning Board Resolution 36-81;
March 2, 1981 after considering the
report and recommendation for approval
from the Federal Aviation Administra-
tion, per the attached resolution.
The Planning Department has received a copy of the FAA's official
approval of the 777 feet mean sea level elevation for the Southeast
Financial Center. This FAA approval is in accordance with the
Development Order for the building (Resolution No. 81-36 and
Resolution No. 81-223) which approved a 55-story structure at a
height of 765 feet above grade as had been previously approved by
the Zoning Board. The FAA approval for 777 feet above mean sea
level is approximately one -foot higher than the Development Order's
approved height of 7(r5 feet above grade. Accordingly, completion
of the Southeast Financial Center pursuant to its Development Order
would be in compliance with current FAA height recommendations.
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83--34E;
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
*o Howard V. Gary
City Manager
FROM Wa
DonaldDirectorks
DATE April 18, 1983 FILE
SUBJECT Southeast Financial Center -
Floor & Top Elevation
REFERENCES Resolutions 81-36-January 15, 1981
and 81-223, March 18, 1981
ENCLOSURES.
This Department has verified through a field survey that the ground
level elevation (finished floor) of the Southeast Financial Center
as shown on Sheets A4-1 thru A4-3, latest revision date of
November 7, 1980, is 11.33 above mean sea level. Correspondingly,
the height of the top of the penthoii-,_ will be 775.37' above mean
sea level if built according to the plans submitted.
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83-341S
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Gerald 0 Hines Interests
April 15, 1983
One Biscayne Tower. Suite 3270
Mr. Howard Gary
Manager, City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Howard:
Miami, Florida 33131 Area Code 305, 371.6458
RE: Southeast Financial Center
Development Order # 81-36 of January 15, 1981
Development Order # 81-223 of March 18, 1981
We hereby request that the City Commission authorize by Resolution that
the construction of Southeast Financial Center to a height of 765 feet
above ground (or 777 feet above mean sea level) is in compliance with
FAA height recommendations.
In support of this request, I enclose the following information:
1. Letter of approval from the FAA dated April 13, 1983.
2. Memorandum from the Planning Department, City of Miami, dated
April 15, 1983.
I would appreciate your adding this to the agenda for the April 28, 1983
meeting of the City Commission. I trust that you will understand the
need for urgency in this matter, due to the momentum of our construction
schedule.
Sincerely,
GERALD D. HINES INTERESTS
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83-34t
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DEPARTMENT OF TRANSPORTATION
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FEDERAL AVIATION ADMINISTRATION GtR"�� L• ' ;.'.
OE Docket Number 83-AWA-OE-2
GERALD D. HINES INTERESTS
MIAMI, FLORIDA
AFFIRMATION OF A DETERMINATION OF NO HAZARD TO AIR NAVIGATION
' On December 17, 1982, the Federal Aviation Administration's (FAA) Southern
Region issued a Determination of No Hazard to Air Navigation under
Aeronautical Study Number 82-ASO-2313-OE. The determination was issued on a
proposal by Gerald D. Hines Interests to construct an additional 28 feet,
increasing the existing building to a height of 766 feet above ground level
(AGL), 777 feet above mean sea level (AMSL). The structure is located in
Miami, Florida, at Latitude 25'46'20"North, Longitude 80'11'20"West. The
region's aeronautical study found that the proposal would have no substantial
adverse effect on the safe and efficient utilization of airspace by aircraft.
The Air Line Pilots Association (ALPA) timely filed a petition for a
discretionary review of theaeronauticalstudy in accordance with Federal
Aviation Regulations (FAR) Part 77, Section 77.37(a) and W . In the process
of considering the petition, it was revealed that there was a need for
clarification on the issues of applying the Collision Risk Model (CRM) to the
departure environment, the actual number of aircraft operations affected by
the proposal, and the amount of impact the proposal Would have on the overall
airport capacity.
83-34F.
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%•A discretionary review was granted on the basis of written materials and in
accordance with FAR Part 77, Section 77.37(c)(1). Notice of Petition For and
Grant of Review was issued in Washington, D.C., on March 4, 1983. Information
and comments_received on or before April 4, 1983, and all other materials
relevant to the question of whether the proposed height increase would have a
substantial adverse effect on the safe and efficient use of the navigable
airspace by aircraft were considered.
Comments were received from Gerald D. Hines Interests, the city of Coral
Gables, Aircraft Owners and Pilots Association, Dade County Aviation
Department, and the Air Line Pilots Association. The comments were general in
nature and ranged from strict opposition to the proposal to unqualified
approval.
The review disclosed that the proposed height increase would exceed the
standard for determining obstructions to air navigation set forth in Part 77,
Subpart C, of the Federal Aviation Regulations by 28 feet, the amount of
increase as follows: 77.23(a)(1), construction in excess of 500 feet AGL at
the site of the building by 266 feet, 77.23(a)(2), building exceeds a height
that is more than 464 feet above the established airport elevation (11);
within 5.64 nautical miles of the established reference point of Miami
International Airport (MIA); 7,7.23(a)(3), with respect to Miami Approach
Control radar minimum vectoring altitude NVA), an increase from 1700 to 1800
feet AMSL; 77.23(a)(3), with respect to departure criteria at MIA requiring
Instrument Flight Rules (IFR) departure procedure/takeoff minimums Runway 9
Right to have weather minimums of 1,000 foot ceiling and 1—mile visibility or
standard with minimum climb rate of 230 feet per nautical mile to 1,100 feet.
IFR departure procedure Runway 9 Left, climb on runway heading to 1,100 feet
83-348
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before turning right, Runway 12, climb runway heading to 1,100 before turning
left or comply with published Miami International Standard Instrument
Departure (SIDS); and 77.23(a)(4), with respect to minimum obstruction
clearance altitude (MOCA) an increase from 1700 feet to 1800 feet AMSL on
Federal Airways V295 and V267-267E.
While use of the Collision Risk Model (CRM) was improperly used the no hazard
determination evidences an attempt by the region to at least evaluate
collision risk for departing aircraft and that evaluation as a guide. The CRM
was not used as a determing factor but was used in conjunction with other
evaluation tools.
A thorough examination of the comments and the petition did not disclose any
new facts or information that would alter the conslusion of that determination.
Aside from the merits of the subject petition, the situation giving rise to
the petition is one which has seldom, if ever, arisen before. Because it was
such a unique situation, the procedures that were followed were, perhaps, more
cumbersome than they needed to be and a final resolution was needlessly
delayed.
The specific situation arose when the construction sponsor filed a request for
redetermination of its second notice of proposed alteration with the Southern
Regional Office. Its original notice of proposed alteration, studied at the
regional level, resulted in a no hazard determination. The second notice,
with a proposed increase in height of 28 feet, resulted in a determination of
hazard. That regional determination was then reviewed and affirmed by the
Administrator pursuant to 177.37. It was then that the sponsor filed its
unusual request concerning the second notice of proposed alteration. This
83-34E.
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second notice was accompanied by a document styled as an Application for a
Determination of No Hazard. That filing was said to be justified upon the
basis that manifest error had been committed and that new facts were presented
to demonstrate the error and to justify the refiling.1/
In hindsight it is somewhat obvious that even in situations where manifest
error has been committed and/or where new facts surface which render a prior
determination subject to question, the resolution of those situations should
be addressed to the Administrator.2/ On one hand, if the situation has not
been preceded by a discretionary review, then indeed discretionary review per
177.37 is the appropriate remedy. On the oither hand, if discretionary review
has occurred, then it can be said that jurisdiction has already shifted from
the regional level to the headquarters level, and orderly process would
clearly weigh in favor of keeping it there rather than returning it back to
the regional level. In addition, should the instant situation or any similar
situation arise again, the only safeguard to inconsistant handling would be to
have all such situations handled at the headquarters level.
Based on the review, it is the finding of the FAA that the proposed height
increase to a height of 766 feet AGL, 777 feet AMSL, would have no substantial
adverse effect on the safe:and efficient utilization of the navigable airspace.
Therefore, pursuant to the authority delegated to me by the Administrator, the
Determination of No Hazard to Air Navigation, issued by the Southern Region
under Aeronautical Study Number 82-ASO-2313-OE, is hereby affirmed as final in
accordance with FAR Part 77, Section 77.37.
1/ It is conceded by all persons concerned that established procedure would
have allowed the party seeking further review file a Petition for Review
in an appropriate U.S. Court of Appeals pursuant to 49 U.S.C. 51486, if
timely filed.
2/ However, current Part 77 is silent as to the matter.
83-34h
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Issued in Washington, D.C., on April 13, 1983.
R. J. Van Vuren
Director, Air Traffic Service
83-348
RESOLUTION N0. 81223 ' r7
A RESOLUTION UPHOLDING THE ZONING BOARD'S
DECISION TO GRANT A VARIANCE FROM ORDINANCE
#6871, ARTICLE XV, SECTION 6 AND ARTICLE
XXIII, SECTION 7(4)(c) TO PERMIT CONSTRUCTION
OF AN OFFICE TOWER STRUCTURE ON ALL OF BLOCK
5, DU PONT PLAZA (50-11) BEING BLOCK BOUNDED
BY S.E. 2ND AND 3RD STREETS AND S.E. 3RD
AVENUE AND BISCAYNE BOULEVARD AS PER SITE
PLANS ON FILE WITH A PROPOSED HEIGHT OF 765'
(300' ALLOWED) AND PROVIDING 4 OF 24 REQUIRED
OFF-STREET LOADING SPACES SUBJECT TO CERTAIN
CONDITIONS.
WHEREAS, the Miami Zoning Board at its meeting of March 2, 1981, Item
No. 2(a), following an advertised hearing, adopted Resolution No. ZB 36-81
by a 7 to 0 vote granting the variance from Ordinance 6871, Article XV,
Section 6 and Article XXIII, Section 7(4)(c); and
WHEREAS, the City Commission, by Resolution 81-36; January 15, 1981 has
issued a Development Order for the Southeast Bank Financial Center, a Development
of Regional Impact, wherein paragraph 4 of the Development Order states in part
that:
"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 (above) and are incorporated by
reference in this Development Order"; and
WHEREAS, the City Commission, by Resolution 81-113; February 26, 1981, pertain-
ing to the Southeast Bank Financial Center, stated:
"Section 1. The Administration is authorized to prepare plans, specifications
and estimates for the design and engineering of all surface street improvements in
Du Pont Plaza by September, 1982; and the Manager is directed to proceed on
September 11, 1981, if, on that date, the Florida Department of Transportation
does not have a consultant under contract committed to completing construction
documents 12 months thereafter.
Section 2. The administration is directed to refer any Second Level Pedestrian
Circulation Plan for Du Pont Plaza, to the South Florida Regional Planning Council
for review and comment.
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CITY COMMISSION
MEETING OF 83 348
MAR 1B 1981
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Section 3. It is the intention of the Commission to condition Variances
and Conditional Uses pertaining to the parking garage in Du Pont Plaza, being
requested by Southeast Banking Corporation, by requiring that the applicant
either complete the construction of the pedestrian overpass above S.E. 2nd Street
or post a performance bond, enforceable by the City, for 150% of the estimated
cost of the overpass 120 days prior to a request for a Certificate of Occupancy
for the parking garage"; and
WHEREAS, the proffer of Resolution 81-113 to the South Florida Regional
• Planning Council at their meeting of March 25 1981 was instrumental in persuading
the Council not to appeal the Development Order (Resolution 81-36) issued by the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
Section 1. The grant of Variances from Ordinance #6871 ARTICLE XV, SECTION 6
AND ARTICLE XXIII, Section 7(4)(c) to permit construction of an office tower
structure on all of Block 5; Du Pont Plaza (50-11) being block bounded by
S.E. 2nd and 3rd Streets and S.E• 3rd Avenue and Biscayne Boulevard as per site
plans on file with a proposed height of 765' (300' allowed) and providing 4 of 24
required off-street loading spaces subject to the following conditions:
a. For the 1,356,000 square foot floor area of building
on the site
4 bays 12' X 55';
2 bays 12' X 24' solely for armored truck
and 16 bays 12' X 20' spaces for vans;
b. Reservation for space for 2 additional
truck spaces 12' X 55' adjacent to the
ground -level public plaza and S.E. 3rd
Street, as a holding area, to be imple-
mented by the applicant upon a request
from the City.
c. The 16 van spaces cannot be converted to
other uses without express permission of
the City..
d. Prohibition of unloading, on -site or street
storage of trucks or semi -trailers in excess
of 35' during the a.m. peak hours of 7:30 a.m.
to 9:30 a.m.
e. A traffic manager on the site directing truck
off-street loading operation during normal
working hours.
f. All parking stall dimensions should meet the
City's standards,
g. The 3rd Street entrance should have an inter-
mediate slope between the street level and
the ultimate 12% ramp slope,
83-348
h. If extensive delays are encountered by nearly
all exiting vehicles, exiting the parking
structures during the p.m. peak hour, the
management of the Southeast Financial Center
will coordinate efforts with Metro D.O.T.T.
as to possible remedial solutions which would
likely include a p.m. peak hour closure of
S.E. 2nd Street exit from the garage.
is hereby approved.
Section 2. The herein approval is also subject to the following:
a. The applicant either complete the construction
of the pedestrian overpass above S.E. 2nd Street
or post a performance bond, enforceable by the
City, for 150% of the estimated cost of the
overpass 120 days prior to a request for a
Certificate of Occupancy for the parking garage.
b. As a condition of issuing a building permit, the
applicant agrees to subsequently -modify or alter
foundations and column connections to provide
support for the pedestrian promenade, as recom-
mended by the City.
Southeast will cooperate fully with the City in
the connection of the system to the Southeast
property and building, even if the final approved
plan extends the system to the edge of the Southeast
office building, plaza or parking garage. The
applicant further agrees that they will not object
to the creation of a Special Tax or Assessment
District to fund the construction of the
pedestrian promenade. This promenade may
extend southerly to the center line of
S.E. 3rd Street, between the easterly right-
of-way of S.E. 3rd Avenue and a line coincident
with and extending from the eastern face of the
Southeast Bank Office Tower, if so approved by
the Miami -City Commission. The applicant's share
of the construction costs will be determined by the
Miami City Commission.
c. As a condition of issuing a building permit, the applicant
agrees to provide a maintenance of traffic plan and a
construction employees' parking plan, by calendar quarters
until July, 1984 or the issuance of a certificate of
occupancy for all structures in Southeast Bank Financial
Center, to be approved by the City.
d. The height of the office building and appurtenant minor
structures are governed by Federal Aviation Administra-
tion height recommendations; limited to an elevation of
no more than 749 feet mean sea level; unless otherwise
authorized by the City Commission.
e. The hereinabove listed provisions which are not a
standard part of the plans shall be forwarded to the
City in the form of a covenant -running -with the land.
Section 3. The Variance approvals recited in Section 1, and the conditions
in Section 2, are incorporated by reference in the Development Order for the
Southeast Bank Financial Center (Resolution 81-36; January 15, 1981).
83-346
81 .223
4
Section 4. The City Clerk is hereby authorized and directed to send
certified copies of this Resolution to the Florida Department of Community
Affairs, Division of Local Resource Management, 2571 Executive Center Circle
East, Tallahassee, Florida 32301; to the South Florida Regional Planning
Council, 1515 N.W. 167th Street, Suite 429, Miami, Florida; to the Southeast
Banking Corporation, 100 South Biscayne Boulevard, Miami, Florida 33131 and
to Gerald D. Hines Interests, One Shell Square, Suite 4230, New Orleans,
Louisiana 70139.
PASSED AND ADOPTED this 18 day of MARCH 1981.
MAURICE A. FERRE
MAURICE A. FERRE
Mayor
ATTEST:
C
f7RAY GIy Clerk
PREPARED AND APPROVED BY:
X istant City %All ttorney
APPROVED AS TO FORM AND CORRECTNESS!
OBE T F. CLARK
Acting City Attorney
83-34
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