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RESOLUTION NO.
I
A RESOLUTION OF THE CITY OF MIAMI COMMIS-
SION FINDING THAT THE FOLLOWING AMEND-
MENTS DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION FROM THE TERMS OF THE PORT OF
MIAMI EXPANSION DEVELOPMENT ORDER (RESO-
LUTION 79-850 DATED DECEMBER 15, 1979);
AMENDING SAID DEVELOPMENT ORDER CONCERN-
ING THE TIME LIMITS IN CONDITIONS 2, 3,
9 and 17; AND FURTHER, AUTHORIZING AND
DIRECTING THE CITY CLERK TO FORWARD THE
RESOLUTION TO AFFECTED AGENCIES AND THE
APPLICANT.
WHEREAS, the City of Miami Commission by Resolution No.
79-850, dated December 5, 1979, issued a Development Order,
approving with modifications, the expansion of the Port of
Miami, a Development of Regional Impact to be located within
the City of Miami on Dodge Island, as described in Warranty
Deed (2454-77) UNPLATTED; Lummus Island, Sam's Island and
submerged lands surrounding said islands to the limit set
forth by Tentative Plat #1093 known as "PORT OF MIAMI EXPAN-
SION"; and
WHEREAS, certain time constraints for the accomplish-
ment of certain elements were contained in the Development
for which the Dade County Seaport Department seeks relief;
wo
and
WHEREAS, the Dade County Seaport Department and the
City of Miami Planning Department have agreed that amend-
ments pertaining to time constraints are appropriate and
will be in the best interests of the Applicant and the City;
and
WHEREAS, the Miami Planning Advisory Board, per Ordi-
nance 8290, at its meeting of May 5, 1982, following an ad-
vertised hearing adopted Resolution No. PAB 31-82 by a 7 to
0 vote recommending approval of the amendments; and
WHEREAS, the City Commission deems it advisable and in
the best interests of the general welfare of the City of
CITY COMMISSION
MEETING OF
MAY 2 7 1982
mow" 82-�IN-45-
I wa .......,..e,•....,...,..on*
i
Miami to amend the Development Order;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
FINDING
Section 1. The Commission, following an advertised
public hearing at which interested parties were given the
opportunity to be heard, finds that the following amendments
to paragraphs 2, 3, 9, 17 to the Port of Miami Devel-
opment Order (Resolution 79-850; December 5, 1979) do not
constitute substantial deviations, as described under Chap-
ter 380.06 (17) (a)-(b) F.S., as described in the Develop-
ment Order.
Section 2. The Development Order issued by the City
of Miami Commission by Resolution No. 79-850; dated December
5, 1979, approving with modifications, the Port of Miami
Expansion, a Development of Regional Impact to be located on
Dodge Island, as described in Warranty Deed (2454-77) UN -
PLATTED; Lummus Island, Sam's Island and submerged lands
surrounding said islands to the limits set forth by Tenta-
tive Plat #1093 known as "PORT OF MIAMI EXPANSION" is hereby
amended in the following particulars: I/
A. Condition 2 is hereby amended as follows:
"Traffic Access
2. The applicant will conduct an alternative
analysis which more rigorously examines impact
of Port expansion -generated traffic on the
downtown transportation network. This alter-
native analysis would have the twin objec-
tives of a) defining environmentally-accept-
1/ Words and/or figures stricken shall be deleted. Under-
scored words and/or figures constitute the amendment
proposed. The remaining provisions shall remain in
effect and unchanged.
0 Ah
able truck routes from the Port to SR 836 and
b) re -considering the routing of Port Boule-
vard crossing Biscayne Boulevard so that the
alignment sensitivity responds to Bicenten-
nial Park expansion, Bayfront Park and Bis-
cayne Boulevard. The alternatives analysis
will consider, as a minimum, the following
parameters:
other potential/planned large scale
developments (Park West, Watson Island,)
their impact on the area traffic and
conversely the impact of traffic on the
proposed/planned developments particu-
larly on the Park West residential com-
munity.
- an adequate level of service for the
road network
- the designation of construction respon-
sibilities and financial participation
- the possibility of carrying Port -related
trips directly onto the freeway system
- inter -phase of Downtown People Mover and
Rapid systems to the project
- the reconsideration of the proposed
alignment for the new bridge
- the effects of increased traffic volumes
on the environment, particularly of
heavy and/or noisy vehicles
- interruption of Biscayne Boulevard
traffic flow until improvements are
implemented
- the goal of having a continuous and
3 82�459
4b
cohesive park along the Downtown Miami/
Biscayne Bay shoreline.
If the alternatives analysis discloses a preferred
alternative series of transportation improvements which
provides traffic and environmental solutions superior
to those presently proposed, and if the preferred
alternative is approved by the Dade County Department
of Traffic and Transportation and City of Miami Parks,
Public Works and Planning Departments, then the pre-
ferred alternative will be submitted to the South
Florida Regional Planning Council for general approval
as a substitute recommendation witri-rr-�rre-lea-r-e-the
reeerded-elate-ef-the-9eveiepment-Order- by December 15,
1982.
However, if the presently -proposed improvements are
deemed to provide superior traffic and environmental
solutions as a result of the alternatives study, then
the applicant agrees to fund from Port revenues if
other sources are unavailable, a program of transporta-
tion improvements which maintains ADT L.O.S. at "C" or
better along the roadways identified below. All im-
provements will be agreed upon by the affected County
and City Departments and the applicant. Final design
for the improvements below or for a preferred alterna-
tive described above will be submitted to the South
Florida Regional Planning Council wk-OA --two--years-ef
reeerded-date-of-the-Bevelepment-9r&er- by December 15,
1982, and construction of the designated improvements
will be completed by the anniversary date of the Devel-
opment order issuance in the year specified.
4 82-452
w
Location
Design
Construction
Roadway
Fran To
Deadline
Deadline
Port Boulevard
Miamarina Vkwy-Fort
4 -2 year fran
-
6 4 yr. fran D.O.
-
iss.
Biscayne Blvd. -Miami
D.O. issuance
D.O. date
1992
RCWY•
Biscayne Blvd.
Fort Blvd. - I-395
"
NE 1st Ave.
NE 6th St. - I-395
"
40 60 mos
fran DO iss.
"
NE 5th St. - NE 6th St.
D.O. date,
1992
"
South - NE 5th St.
"
n
NE 2nd Ave.
I-395 - NE 6th St.
"
D.O. date,
1990
"
NE 6th St. - NE 5th St.
"
D.O. date,
1992
"
NE 5th St. - South
"
D.O. date,
1990
NE 5th St.
East of I-95
"
D.O. date,
1995
NE 6th St.
East of I-95
"
"
West of Biscayne Blvd.
Port Blvd.
at Biscayne Blvd.
30 60 mos.
fran D.O.
iss.
B.
Condition 3 is hereby
amended as
follows:
"Cnrvinna
3. The applicant will provide a full fire ser-
vice facility within the Port itself meeting
necessary fire supression, fire rescue and
fire inspection requirements. An agreement
will be reached between the City of Miami and
the Seaport Department concerning the faci-
lity and any necessary manpower and equipment
needs by December 15, 1982 within-ene-Year-ef
the-date-ef-ieee�ertee-e�-the-E3ede�epmeht-Arder
and he forwarded to the South Florida Regional
Planning Council."
C. Condition 9 is hereby amended as follows:
"9. The applicant will prepare a mitigation plan
which provides for the successful relocation
and/or new planting of an equal acreage -den-
sity of mangrove trees (using red, white, and
black species) and seagrasses (using
Thalassia species) affected by the project.
This plan is to be submitted to and approved
by the South Florida Regional Planning Coun-
cil and Dade County DERM, prior to the initi-
ation of any dredge and fill activity for the
expansion project. Substantial implementa-
tion, defined as the location of appropriate
planting sites and the actual planting or
transplanting of 50 percent of the total
acreage to be displaced, will occur by Decem-
ber 15, 1982 with-in---�reer�--ef-thee--de�e~-ef
the--dete--et--4ss�tenee--ef--the--eeve�epmeRt
erdet."
D. Condition 17 is hereby amended as follows:
"17. The Application for Development Approval is
incorporated herein by reference and relied
upon by the parties in discharging their
statutory duties under Chapter 380, Florida
Statutes. Substantial compliances with the
representations contained in the Application
5 132.—
A.,
for Development Approval is a condition for
approval unless waived or modified by agree-
ment among the parties.
The Development Order shall be null and void
if substantial development of the site and
transportation improvements have not begun
within two four f2} (4) years of the recorded
date of the Development Order. Substantial
development is defined by the achievement of
the following items:
a) Completion of final design for transpor-
tation improvements required by Condi-
tion 2 of the Development Order,
b) initiation of selected improvement for
NE 1st Avenue, between NE 6th Street and
I-395, and Port Boulevard where it
intersects Biscayne Boulevard.
c) Acquisition of all permits necessary to
construct the selected improvements to
increase capacity of Port Boulevard.
d) Substantial implementation of Condition
9 as defined, and,
e) Submission of the results of the magne-
tometer survey taken to South Florida
Regional Planning Council, Dade County,
and the State.
Section 3. The foregoing amendments to conditions
2, 3, 9 and 17 of the Development Order do not constitute
substantial deviations from the terms of the Development
Order approved by the City of Miami Commission by Resolution
79-850; dated December 5, 1979.
Section 4. The City Clerk is authorized and
directed to send certified copies of this Resolution to the
Florida Department of Veteran and Community Affairs, the
South Florida Regional Planning Council and the Dade County
Seaport Department.
PASSED AND ADOPTED THIS 27 day of May , 1982.
MAURICE A. FERRE
ATT T: MAURICE A. FERRE, Mayor
RJLLPH ONGIE
Ci1W Clerk
PREPARED AND APPROVED BY:
APPROVED AS TO
FORM AND CORRECTNESS:
L MAXWELL
F. K OX,
JR.
ssistant City
Attorney
(GEORGE
% City Attorney
i " t, '•f L 7• I. 1_UR 17A
:'�l'f _:�•��i"F1G` ; t:�::tOR.\r1CUPr1
Howard V. Gary
City Manager
-:{ ure lilo E. Pereo� nes
Director
Planning and Zoning Boards
Administration Department
J17_ May 18, 1982 r.,I-E.
~--- PORT OF MIAMI DEVELOPMENT ORDER
AMENDMENTS
... ..L _.; U'i r. ;:
COMMISSION AGENDA - May 27, 1982
PLANNING AND ZONING AGENDA
The Miami Planning Advisory Board, at its meeting of May 5, 1982, Item #2,
by a vote of 7-0,-adopted Resolution No. PAB 31-82, RECOMMENDING APPROVAL
of amending the Port of Miami Development Order, which was approved by the
City Commission by Resolution No. 79-850 on December 5, 1979 (a Development
of Regional Impact under Chapter 380.06 of the Florida Statutes) to be lo-
cated on Dodge Island, as described in Warranty Deed (2454-77) Unplatted,
and Lummus Island, Sam's Island, and submerged lands surrounding said island.
to the limit set forth by Tentative Plat #1093 known as "PORT OF MIAMI
EXPANSION" finding that:
a) the proposed amendments do not constitute substantial
deviation under Chapter 380.06 (7) (h,i) and
b) approving amendments to paragraphs 2, 3,9, and 17.
A RESOLUTION; to provide for these amendments has been prepared by the City
Attorney's office and submitted for consideration of the City Commission.
AEPL:mc
cc: Law Department
NOTE: Planning Department recommendation: APPROVAL.
82-45W
13
PLANNING FACT SHEET
APPLICANT: Dade County Seaport Department: April
'25, 1982
PETITION: 2. PORT OF MIAMI
Dodge Island, as dexcribed in Warranty Deed
(2454-77) UNPLATTED
Lummus Island, Sam's Island and submerged lands
surrounding said island to the limit set forth
by Tentative Plat #1093 known as "PORT OF MIAMI
EXPANSION".
Consideration of recommending approval of amend-
ments to the Port of Miami Development Order (Re-
solution 79-850; December 5, 1979), a Development
of Regional Impact under Chapter 380.06 F.S.,
located on above site in Biscayne Bay finding
a) that the proposed amendments do not constitute
substantial deviations under Chaper 380.06 (7)
(h, i) and b) approving amendments to paragraphs
2,3,9 and 17.
REQUEST: To extend certain time limits in the Port of
Miami Development -Order (Resolution 79-850;
December-5, 1979).
BACKGROUND: On December 5, 1979 the City of Miami Commission
b.y Resolution No. 79-850 issued a Development Order
to the Metropolitan Dade County Seaport Department
for the expansion of the Port of Miami. The De
velopment Order contained conditions, most of
which have either been accomplished or are ongoing
tiat present. However, the Seaport Department is
,requesting time extensions for certain conditions.
ANALYSIS: `The time extensions being requested and the Plan-
ning Department analyses are as follows:
Condition 2: Time Extension of transportation
alternatives analysis from December 5, 1980 to
December 15, 1983; time extension of beginning
construction on new bridge from December 5, 1983
to December 15, 1985. The first items involve the
implementation of transportation access improve-
ments to and from the Port of Miami. The Port
82=-4Sg
13
contracted for the development of comprehensive
traffic and transportation study to identify
and provide the best solution to this matter.
This study has been underway for over a year and
has required extensive coordination with the
City, other governmental agencies and private
land owners. Several alternatives have been
developed and evaluated. A task force of the Trans-
portation Planning Committee (TPC) of the Metro-
politan Planning Ordanization (MPO) was formed
to evaluate these alternatives. The first recom-
mendations of the Task Force were made at its
February 10, 1982 meeting. These recommendations
will be presented shortly for approval to all res-
ponsible agencies at which time implementation of
the first phase is expected by years end.
The Planning Department has encouraged the coor-
dination of the Port transportation alternatives
analysis with the Miami Accessibility and Mobility
Study being conducted by William Smith Associates
under contract to the County and State DOT. How-
ever, the Accessibility and Mobility Study is at
least a year behind schedule so that coordination
has been difficult if not impossible. This De-
partment will reCommend a time extension, how-
ever, we believe that a time extension to De-
cember.15, 1982 for the transportation plan would
be more appropriate.
Condition 3: Time extension for completion of fire
service agreements from December 5, 1980 until
December 15, 1982. This condition requires the
establishment of an agreement with the City for
fire service. Meetings for this have taken place,
and although an agreement in principle exists,
additional time is needed to formalize this accord.
The Planning Department is aware of discussions bet-
ween the Dade County Seaport and Fire Department and --
City of Miami Fire Department and agrees that a time
extension is warranted to finalize the language.
Condition 9: Time extension for transolanting
50% of the acreage displaced of seagrasses from
December 5, 1981 until December 15, 1982. This
item involves t e implementation of p anting the
first 40 acres of seagrasses of the Port's
82-459
mitigation plan. After delays in obtaining
all necessary approvals, the task is presently
being carried out by Applied Marine Ecological
Services, inc. under contract to Metropolitan
Dade County. As of February 12, 1982, the con-
tractor has completed 1.85 acres. It is ex-
pected that all 40 acres will be completed by
years end. This is consistent with all other
permits from the State DER and Corps of Engineers.
The Planning Department will support this request
conditioned on demonstration that the request is
consistent with compliance with federal and state
requirements.
Condition 17: Time extension for completion of
"substantial development". Although there has been
significant development of the Port in terms of
dredging and filling, this condition defines
"substantial development" as the achievement of
five. items, for which relief is sought.
The Planning Department supports this time ex-
tension in view of the on -going progress in de-
veloping the Port.
RECO,\UIENDATION :
PLNN'NING Approval of a) a finding of no substantial devia-
DEPARTMENT tion and b) amendments to the Development Order•.
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