HomeMy WebLinkAboutR-82-0071RESOLUTION NO. 8 2 - 7 1
RESOLUTION OF THE CITY OF MIAMI COMMISSION
FINDING THAT THE FOLLOWING AMENDMENTS DO
NOT CONSTITUTE A SUBSTANTIAL DEVIATION
FROM THE TERMS OF THE MIAMI CENTER II DUPONT
PLAZA PROJECT DEVELOPMENT ORDER; (RESOLUTION
81-840; DATED SEPTEMBER 24, 1981.); AMENDING
SAID DEVELOPMENT ORDER WHICH AMENDMENTS OF
THE DEVELOPMENT ORDER PROVIDE THAT THE CITY
SHALL NOT ISSUE CERTIFICATES OF OCCUPANCY
FOR THE PROJECT UNTIL COMPLETION OF FINANCIAL
ARRANGEMENTS TO FINANCE THE CONSTRUCTION OF
THE I-95 BIFURCATED RAMPS, DELETES REQUIRE-
MENT THAT THE CITY WILL PROVIDE SECURITY
FOR THE SECOND -LEVEL PEDESTRIAN CONNECTIONS,
CHANGES THE DATE UPON WHICH THE CITY WILL
REPORT ON PREFERRED OPTIONS TO PURSUE FOR
PUBLIC SECTOR FINANCING OF THE I-95 BIFURCATED
RAMPS, CHANGES THE TIME THAT THE PROMENADE
MUST PROVIDE REASONABLE EGRESS FROM THE SOUTH-
EAST BANK PARKING GARAGE FROM A MINIMUM TO A
MAXIMUM TIME OF 4:00 PM TO 6:00 PM WEEK DAYS,
DELETES REQUIREMENT OF SUBMITTING ANNUAL RE-
PORTS TO THE STATE OF FLORIDA REGIONAL PLANNING
COUNCIL; APPROVING THE STIPULATION ATTACHED
HERETO AS EXHIBIT "A" BETWEEN THE MIAMI CENTER
JOINT VENTURE, THE SOUTH FLORIDA REGIONAL PLAN-
NING COUNCIL, AND THE CITY OF MIAMI WHICH
APPROVES THE AMENDMENTS OF THE DEVELOPMENT ORDER
ISSUED BY THE CITY OF MIAMI PURSUANT TO RESOLU-
TION No. 81-840, DATED SEPTEMBER 24, 1981, WITH
RESPECT TO THE MIAMI CENTER II DUPONT PLAZA
PROJECT AND THE DISMISSAL OF THE APPEAL OF SAID
DEVELOPMENT ORDER PRESENTLY PENDING IN THE
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY ATTORNEY TO SIGN SAID STIPULATION ON BE-
HALF OF THE CITY AND DIRECTING THE CITY CLERK
TO SEND THIS RESOLUTION TO AFFECTED AGENCIES
AND THE DEVELOPER.
WHEREAS, the City of Miami Commission by Resolution
No. 81-840, dated September 24, 1981, issued a Development
Order, approving with modifications, the Miami Center II
DuPont Plaza Project, a Development of Regional Impact to
be located within the City of Miami on all of Blocks 2, 3
and 4, DUPONT PLAZA (50--11), approximately 201-399 Southeast
2nd Avenue, 201-399 Southeast 4t11 Street (Biscayne Boulevard Way);and
CITY COMMISSION
MEETING OF
J A N 2 8 1982
8 27
" no....... Vora
U
01.
WHEREAS the South Florida Regional Planning Council
has expressed certain concerns to Miami Center .Joint Venture
and representatives of the City of Miami regarding the form
of the Development Order, to wit: the necessity of (i) adding
a requirement in the Development Order that issuance of certi-
ficates of occupancy for the project be dependent upon the
completion of financial arrangements to finance the construction
of the I-95 Bifurcated Ramps, (ii) revising the date upon which
the City of Miami will report on the preferred options to pur-
sue for public sector financing of the I-95 Bifurcated Ramps, and
(iii) eliminating certain internal inconsistences in the Develop-
ment Order; and
WHEREAS, the Miami Center Joint Venture, the representa-
tives of the City of Miami Planning Department and the South
Florida Regional Planning Council have agreed that the amend-
ments to the Development Order hereinafter set forth and that
the further conditions to the Development Order and Dismiss
Appeal attached hereto as Exhibit A were inadvertently over-
looked or omitted in the preparation of the Development Order
and will be in the best interests of the Applicant, the City
and the region; and
WHEREAS, the South Florida Regional Planning Council has
filed a Notice of Appeal and Petition to the Florida Land and
Water Adjudicatory Commission on November 18, 1981, with
respect to the issuance of the Development Order; and
WHEREAS, the Miami Center Joint Venture and the City
intend to jointly proffer these amendments and Stimulation to
the South Florida Regional Planning Council, and
WHEREAS, the Miami Planning Advisory Board, per Ordinance
8290, at its meeting of January 20, 1982, following an adver-
tised hearing, adopted Resolution No. PAB by a
82-71 1
to— `vote recommending approval of the amendments and
Stipulation; and
WHEREAS, the City Commission deems it advisable
and in the best interests of the general welfare of the
City of Miami to amend the Development Order as here-
inafter set forth and to approve and authorize the
execution by the City of Miami of the Stipulation to
Amend Development Order and Dismiss Appeal, so that
the ftl)Pe'13 of the Development Order presently pending
in the Florida Land and Water Adjudicatory Commission
can be dismissed,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
FINDING
Section 1. The Commission, following a public hear-
ing at which interested parties were given the oppor-
tunity to be heard,finds that the following amendments to
paragraphs 10a, 10b, 17, 18 and 25 to the Miami. Center II
DuPont Plaza Project Development Order (Resolution 81-840;
dated September 24, 1981) do not constitute substantial
deviations as described under Chapter 380.06 (7)
(h,i) F.S. from the terms of the Development Order.
Section 2. The Development Order, (attached hereto as
Schedule "I" to the Stipulation to Amend Development Or-
der and Dismiss Appeal attached hereto as Exhibit A) is-
sued by the City of Miami Commission by Resolution No,
81-840, dated September 24, 1981, approving with modi-
fications, the Miami Center II DuPont Plaza Project, a
Development of Regional Impact to be located within the
City of Miami on all of Blocks 2, 3, and 4, DUPONT PLAZA
82-71
5i
t
(50-11), approximately 201-399 Southeast 2nd Avenue,
201-399 Southeast 4th Street (Biscayne Boulevard Way)
is hereby amended in the following particulars:l/
A. The first sentence of paragraph 10a.
of the Development Order is hereby
amended as follows:
"The Applicant shall: 10a. Recog-
nize a responsibility to participate in
the Pedestrian Circulation Plan (in 10b)
as follows:
In conjunction with the development of the
southeast block of the project: (a) Ap-
plicant shall participate with Southeast
Bank in the construction of a ground level
pedestrian promenade along a portion of SE
3rd Street lying easterly of the southerly
extension of the west line of the Southeast
Bank Financial Center plaza area; it being
understood that the promenade must provide
reasonable egress from the Southeast Bank
parking garage a Fxlalmum maximum of 4:00 p.m.
to 6:00 p.m, week days and satisfy other
traffic requirements proposed by the DuPont
Plaza Task Force, as approved by the City
Commission."
B. The last sentence of paragraph 10b. of the
Development Order which reads as follows:
"Tl�e-Gl�y-shall-p�evlde-eeet��l�y-fey
eke-seeead-level-pedes��la�-ee�teee�le�s."
is hereby deleted.
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.
eel
C. Paragraph 17 of the Development order is
hereby amended as follows:
"The City shall: 17. Evaluate, in col-
laboration with the Dade County Dept. of Traf-
fic and Transportation, the Dade County
Office of Transportation Administration
and Florida Department of Transportation the
recommended options, contained in the Re-
port and Recommendations of the South Flori-
da 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 prepared a report and recommen-
dations, to be submitted to the Regional
Planning Council, the Metropolitan Plan-
ning Organization, Downtown Development Au-
thority, and Florida Department of Trans-
portation for review and comment -within
ene-ye��-of-tl�e-date-ef-the-Be�eiepa�e�t-9�der ,
by June 30, 1982, on the preferred options
which should be pursued, including the steps
necessary to insure their realization so that
construction may begin immediately after
completion of the Miami Avenue Bridge project.
Consideration 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."
' 82 - 7 1 1
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D. Paragraph 18 of the Development Order is
hereby amended so that the present para-
graph 18 is renumbered 1118a.," and in
addition, a new paragraph 18b. is hereby
added as follows:
" 18b. The Citv shall not issue a Cer-
tificate of Occupancy for the project un-
less (a) either a public sector financing
package has been committed or (b) other
financial arrangements have been completed
to finance construction of the I-95 bifur-
cated ramps."
E. The first sentence of paragraph 25 of the
Development Order is hereby amended as fol-
lows:
"25. 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 Certificate of Occupancy is issued, to
the South Florida Regional Planning Coun-
cil; tl�e-Sate-ef-Fleiaa-Regleel-Plaeeieg
Gounell, the State of Florida Department of
of Community Affairs, Division of Local
Resource Management; all affected permitting
agencies and the Planning Director, City
of Miami Planning Department."
Section 3. The Stipulation to Amend Development Order
and Dismiss Appeal between the Miami Center Joint Ven-
ture, the South Florida Regional Planning Council and
the City of Miami attached as Exhibit A hereto and made a
part hereof, be and the same is hereby approved.
Section 4. The City Manager and City Attorney are
hereby authorized and directed to sign the Stipulation
to Amend Development Order and Dismiss Appeal.
Section 5. The City Clerk is hereby authorized and
directed to send certified copies of this Resolution im-
mediately to the Florida Department of Community Af-
fairs, Division of Local Resource Management, 2571. Exe-
cutive Center Circle East, Tallahassee, Florida 32301;
to the South Florida Regional Planning Council, 1515
Northwest 167th Street, Suite 429, Miami, Florida; and
the Miami Center Joint Venture, 100 Chopin Plaza, Miami,
Florida 33131.
PASSED AND ADOPTED THIS 28 day of JANUARY _,
ATTEST:
RALPH G. O GIE
CITY CLERK
PREPARED AND APPROVED BY:
MAURICE A. FERRE
MAURICE A FERRE, MAYOR
APPROVED AS T-0-F0RM--AND___,
C WTNESS
CI Y ATTORNEY
82 - 7 1
V
P
EXHIBIT "A"
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SOUTH FLORIDA REGIONAL
PLANNING COUNCIL
Petitioner,
VS.
CASE NO. 81-2958
FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION and
CITY OF MIAMI,
Respondents.
STIPULATION TO AMEND DEVELOPMENT ORDER AND
DISMISS APPEAL
Pursuant to Notice of Anpealand Petition of South Florida
Regional Planning Council to the Florida Land and Water Adjudicatory
Commission, it is hereby stipulated and agreed that the Development
Order, Resolution No. 81-840, dated September 24, 1981, adopted by
the City of Miami Commission, approving with modifications, the Miami
Center II DuPont Plaza Project, a Development of Regional Impact to
be located on Blocks 2,3 and 4 of DuPont Plaza (50-11), approximately
201-399 Southeast 2nd Avenue, 201-399 Southeast 4th Street (Biscayne
Boulevard Way), as same shall be amended as hereinafter set forth, is
approved by all the undersigned parties to this appeal and South
Florida Regional Planning Council shall file a voluntary dismissal of
this appeal upon the following conditions:
Section 1. The Development Order, attached hereto as Schedule
"I", issued by the City of Miami Commission by
Resolution No. 81-840, dated September 24, 1981,
approving with modifications, the Miami Center II
DuPont Plaza Project, a Development of Regional
Impact to be located within the City of Miami on all
Of Blocks of 2, 3, and 4, DUPONT PLAZA (50-11)
shall be amended in the following particulars:l/
1/ Words and/or figures stricken shall be deleted. Underscored words
and/or figures constitute the amendment proposed. The remaining
provisions shall remain in effect and unchanged.
.s 7 1
A. The first sentence of paragraph 10a. of the
Development Order shall be amended as follows:
"The Applicant shall: 10a. Recognize a
responsibility to participate in the Pedestrian
Circulation Plan (in 10b) as follows:
In conjunction with the development of the south-
east block of the project: (a) Applicant shall
participate with Southeast Bank in the construc-
tion of a ground level pedestrian promenade along
a portion of SE 3rd Street lying easterly of the
southerly extension of the west line of the South-
east Bank Financial Center plaza area; it being
understood that the promenade must provide reason-
able egress from the Southeast Bank parking garage
a minimum maximum
of 4:00
p.m. to 6:00
p.m week
days
and satisfy other
traffic
requirements
proposed
by
the Dupont Plaza Task Force, as approved by the
City Commission."
B. The last sentence of paragraph 10b. of the
Development Order which reads as follows:
, Tie-Elty-shall-p�e�lde-eee�t�}ty-lei*
the-seeead-level-pedest�iae-eee�ee-
tlees."
shall be deleted.
C. Paragraph 17 of the Development Order shall
be amended as follows:
"The City shall: 17. Evaluate, in collabo-
ration with the Dade County Dept. of Traffic and
Transportation, the Dade County Office of Trans-
portation Administration and Florida Department
of Transportation the recommended options, con-
tained in the Report and Recommendations of the
South Florida Regional Planning Council (Exhibit
'B'), and any other options which may be feasible
for public sector financing (14.6 million in 1980
-2-
S 2 - 7 1 '�i
l�
r
dollars) of the I-95 bifurcated ramps to the
Dupont Plaza surface street system; and prepared
a report and recommendations, to be submitted to
the Regional Planning Council, the Metropolitan
Planning Organization, Downtown Development Au-
thority, and Florida Department of Transportation
for review and comment within-ene-year-el-the
date-ei-the-Beve4epraent-9-rder, by June 30, 1982,
on the preferred options which should be pursued,
including the steps necessary to insure their
realization so that construction may begin imme-
diately after completion of the Miami Avenue
Bridge project. Consideration 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."
D. Paragraph 18 of the Development Order shall
be amended so that V nresent paragraph 18 shall
be renumbered "18a. " , anct in addition, a new par-
agraph 18b. shall be added to read as follows:
"18b. The City shall not issue a Certificate
of Occupancy for the project unless (a) either a
public sector financing package has been commit-
ted or (b) other financial arrangements have been
completed to finance construction of the I-95 bi-
furcated ramps."
E. The first sentence of paragraph 25 of the
Development Order shall be amended as follows:
"25." 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 Certificate of Occu-
pancy is issued, to the South Florida Regional
Planning Council; the-State-ef-'ieida-�egieaai
Piaaaiag-Oeaaeii, the State of Florida Depart-
-3- 82-71
rhi
ment of Community Affairs, Division of Local
Resource Management; all affected permitting
agencies and the Planning Director, City of
Miami Planning Department."
Section 2. The foregoing amendments to paragraphs 10a.,
10b., 17, 18 and 25 of the Development Order do
not constitute a substantial deviation from the
terms of the Development Order approved by the
City of Miami Commission by Resolution 81-840
dated September 24, 1981.
Section 3. Upon execution of this Stipulation by all the
parties hereto, the South Florida Regional Plan-
ning Council shall file a voluntary dismissal of
its appeal to the Florida Land and Water Adjudi-
catory Commission.
CITY OF MIAMI
By:
GEORGE F. KNOX,
CITY ATTORNEY
ATTEST:
RALPH G. ONGIE, CITY CLERK
SHUTTS & BOWEN
Attorneys for Miami Center Joint
Venture, a Florida General
Partnership
1000 Southeast First National
Bank Building
Miami, Florida 33131
(305) 358-6300
By:
ROBERT C. SOMMERVILLE
MILLEDGE & HERMELEE
Attorneys for South Florida
Regional Planning Council
2699 South Bayshore Drive
Miami, Florida 33133
(305) 858-5660
By:
HOWARD V. GARY
CITY MANAGER
-4-
(Q/10/81)
RESOLUTION NO. ' 3 1- 8 4 0
A RESOLUTION CONCERNING THE MIAMI
CENTER II DUPONT PLAZA PROJECT, A
DEVELOPMENT OF REGIONAL IMPACT,
PROPOSED BY MIAMI CENTER JOINT VEN-
TURE, THROUGH ITS PREDECESSOR IN
INTEREST HOLYWELL CORPORATION,
LOCATED AT APPROXIMATELY 201-399
SOUTHEAST 2ND AVENUE: 201-399
SOUTHEAST 4TH STREET (BISCAYNE
BOULEVARD WAY), MIAMI, FLORIDA;
ISSUING A DEVELOPMENT ORDER FOR
SAID PROJECT APPROVING SAID
PROJECT WITH MODIFICATIONS, AFTER
CONSIDERING THE"REPORT AND RECOMMEN-
DATIONS OF THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL AND THE
PLANNING ADVISORY BOARD OF THE CITY
OF MIAMI, AND AFTER CONDUCTING A
PUBLIC HEARING AS REQUIRED BY
SECTION 380.06 FLORIDA STATUTES,
SAID APPROVAL SUBJECT TO THE
CONDITIONS OF THE DEVELOPMENT
ORDER ATTACHED HERETO AND MADE A
PART OF HEREIN AS EXHIBIT "A" AND
THE APPLICATION FOR DEVELOPMENT
APPROVAL, AS REVISED, INCORPORATED
BY REFERENCE AND MADE A PART OF
HEREIN FURTHER DIRECTING THE CITY
CLERK TO SEND THE HEREIN RESOLUTION
AND SAID DEVELOPMENT ORDER TO
AFFECTED AGENCIES AND TO THE DEVELOPER.
SCHEDULE "I"
WHEREAS, Miami Center Joint Venture, through its prede-
cessor in interest Holywell Corporation, a Florida general
partnership, has proposed the undertaking of the Miami Center
II - Dupont Plaza project a Development of Regional Impact,
as defined by.Section 380.06(1), Florida Statutes and Chapter
22-F, Florida Administrative Code, located within the City of
Miami on three blocks of Dupont Plaza Totalling 6.0 acres com-
prised of an office tower of 1,731,101 square feet of gross floor
area, (exclusive'of retail); a residential tower of 1,505,476
square feet of gross floor area (exclusive of retail) for 694
residential units; retail (and other) space of 409,623 square
feet of gross floor area; all together comprising 3,645,200
square feet of gross floor area, plus tennis courts and stands
of 173,310 square feet and 4,000 parking spaces; of 1,733,100
square feet; and
WHEREAS, Miami Center Joint Venture, through its prede-
0 ..
8 2 - '7 1
cessor in interest Holywell Corporation, has submitted a
complete Application for Development Approval for a Develop-
ment of Regional Impact to the South Florida Regional Plann-
ing Council pursuant to Section 380.06 Florida Statutes, and
did receive a favorable recommendation for a proposed develop-
ment order, as set forth in the Report and Recommendations
of the South Florida Regional Planning Council designated
Exhibit "B" on file with the Office of th City Clerk; and
WHEREAS, the Application Development Approval, as
reviewed by the South Florida Regional Planning Council,
r
referred to a 64-story office tower of 1,566,000 square feet
of floor area; a 47-story office tower of 984,000 square
feet of floor area; retail space on the podium level of
58,300 square feet of floor area, altogether comprising
2,608,000 square feet of floor area of development on the
easterly block, and further referred to retail department
store space of 291,000 sq»are feet of floor area and 4,000
parking spaces on the tc.,j westerly blocks which does not
amount to substantial change from what is now proposed; and
WHEREAS, the Miami Planning Advisory Board, at its
meeting held on January 7, 1981 Item #2, following an adver-
tised hearing, adopted Resolution No. PAB 4-81 by a 7 to 0
vote, recommending approval of the Development Order for the
Miami Center II Dupont Plaza Project, a development of
Regional Impact; and
WHEREAS, a recommendation from the -Miami Planning
Advisory Board has been forwarded, and
WHEREAS, the City Commission has conducted a public
hearing, considered the Report and Recommendations of the
South Florida Regional Planning Council, each element re-
quired to be considered by Section 380.06 (13) Florida
Statutes and considered the recommendation of the Planning
Advisory Board; and
02 2 8 2- 7 1
81-s�o
r
WHEREAS, the City Commission has determined that all
legal requirements of publication for the public hearing for
the issuance of the proposed Development Order have been
complied with; and
WHEREAS, the City Commission deems it advisable and in
the best interests of the general welfare of the City of
Miami to issue a Development Order for the Development of
Regional Impact, as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Development Order attached hereto and
made a part hereof as Exhibit "A" approving, with modifica-
tions, the Miami Center II Dupont Plaza Project, a Develop-
ment of Regional Impact, proposed by the Miami Center Joint
Venture, through its predecessor in interest Holywell Corpo-
ration, for ALL OF BLOCKS 2, 3 and 4, DUPONT PLAZA (50-11),
approximately 201-399 Southeast 2nd Avenue; 201-399 Southeast
4th Street (Biscayne Boulevard Way), is hereby granted and
issued.
Section 2. Except to the extent that it is inconsistent
with this Development Order, the Application for Development
Approval, as revised, is incorporated herein by reference and
made a part of herein and relied upon the parties in discharg-
ing their statutory duties under Section 380.06, Florida
Statutes. Substantial compliance with the representations
contained in the Application for Development Approval, as
revised, are conditions for approval unless waived or modi-
fied by agreement among the parties and in the case of those
provisions which affect the Dupont Plaza Hotel, unless waived
or modified by agreement with the hotel.
Section 3. The City Clerk is hereby authorized and
directed to send certified copies of this Resolution immediate-
ly to the Florida Department of Community Affairs, Division
03
3 8 2 - '71
r
of Local Resource Management, 2571 Executive Center Circle
East, Tallahassee, Florida 32301; to the South Florida
Regional Planning Council, 1515 Northwest 167th Street,
Suite 429, Miami, Florida; and the Miami Center Joint Venture,
100 Chopin Plaza, Miami, Florida 33131.
Section 4. The recitals of fact referred to in the
herein "Whereas" clauses are true and correct and made a '
part hereof.
PASSED AND ADOPTED this 2*4th day of September 1981.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
ATTEST:
RALPH- G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
w jr�z- V- 1 �
FIARiy A. VALENTINE, ASSISTANT CITY
ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
�EORGE V. KNO.X, JR., CITY ATTORNEY
O' 4
82 -71
4
DEVELOPMENT ORDER
Exhibit "A"
ATTACHMENT TO IIESOLUT1014
Let it be known that_•pursuant to Section 380.06, Florida.Statutes, the
Commission of the City of Miami, Florida has considered in public hearing
commenced on January 15, 1981 and continued until September 10, 1981, the
issuance of a Development Order for a Development of Regional Impact, to
be located in the City of Miami, at approximately 201-399 Southeast 2nd
Avenue; 201-399 Southeast 4th Street (Biscayne Boulevard tray), being
ALL OF BLOCKS 2, 3, and 4
DUPONT PLAZA (50-11)
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 takes the following action: Approval of
Application for Development Approval, as revised, with the following modifi-
cations:
FINDINGS OF FACT WITH MODIFICATIONS
Development
_ 1. The development of the 6.0 acre site is limited to a Floor Area
Ratio of 13.95 comprised of the following elements as specified
by the Applicant in the Application for Development Approval, as
revised, and further limited by applicable provisions and proce-
dures of the City of Miami Comprehensive Zoning Ordinance 6871,
as amended:
Element Gross Bldg. Gross Leasable Area Units
Area (sq. ft.) Area (sq. ft.) sq. ft. Spacc
Office Tower (59
stories with ele-
vation of 860 ft.)
Office (exclu-
sive of retail) 1,731,101 1,575,342
Condominium Tower .
(74 stories with
elevation of
774 feet) 694
Residential Use 1,490,286
Mezzanine .
and Lobby 34,190
Retail in Office
Tower, Condominium
Tower and connect-
ing Galleria 126,903 96,747
Garage
(15 stories with
elevation of 204
feet)
Parking (10 F1.) 1,733,100 4,000
Retail (3 F1.) 263,520 l99,104
Restaurant &
Health Club (1 F1.) 19,200
Tennis Courts &
Stands (1 F1.) 173,310
82-71
The Applicant voluntarily stipulates that the scale model
presented_at the City Commission meeting of September 10,
1981 accurately portrays their project except as reflected
in Figures 1, 2 and 3 and the schematic drawings attached
hereto and made a part herein. Any substantial change in
the project, as represented by the model and schematic draw-
ings, must be brought back to the City Commission for consi-
deration and approval.
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 and are incorporated by reference in this
Development Order and made a part herein.
2. The Applicant shall determine if a General Permit will be
required from the South Florida Water Management District
and, if necessary, apply for and obtain a permit prior to
project construction.
3. The Applicant shall follow procedures for air quality as
established by the Florida Department of Environmental Regu-
lation
4. The Applicant shall construct an emergency helicopter land-
ing area for emergency evacuation on the roofs of both
towers. Further, the Applicant shall, at any time that a
feasible solution is found, provide roof space for aerials
and appurtenant minor structure for the City's communication
system; such aerials and appurtenances shall be at City of
Miami expense. The Applicant retains the right of architec-
tural review and approval.
5. The Applicant shall provide the development plans to the
Fire Department for review and comment and incorporate any
other measures which the Fire Department deems advisable to
insure that the towers can be evacuated safely in an emer-
gency.
6. The Applicant shall notify the State Historic Preservation
Officer of the expected construction start, vacate the park-
ing, strip the blacktop off the site, and provide reasonable
opportunity for exploration or evacuation at least 30 days
prior to the start of the construction.
7.' The Applicant shall incorporate security systems into the
design of the project, including the parking garages and
pedestrian connections, to assist in protecting employees
and patrons by discouraging crime. Security systems and
construction documents shall be reviewed by the Miami Police
Department prior to the issuance of a building permit.
8. The Applicant shall use only native species' in landscaping.
Access and Circulation
The Applicant and the City of Miami (in conjunction with
County and State Agencies) recognize certain mutual respon-
sibilities in resolving and mitigating access and circula-
tion problems within, and in the immediate vicinity, of the
project.
-2-
82-71 A
OL 1
To resolve these problems:
The Applicant Shall: The City Shall:
9a. Provide sufficient
9b. Carefully evaluate
truck service area to
any application for a
insure adequate service
zoning variance for off -
to the building, effi-
street truck loading bays
cient off-street loading
in the context of provi-
and unloading operations
sions of the proposed new
and unobstructed flow of
City of Miami Comprehen-
traffic on SC 3rd Street.
sive Zoning Ordinance
(January 24, 1979 draft)
and insure adequate and
satisfactory access,
egress and free traffic
flow through review and
approval of building
plans by the Florida
Department of Transpor-
tation and the City of
Hiami Planning Department
(in consultation with
South Florida Regional
Planning Council staff)
prior to granting
of zoning approvals.
10a. Recognize a responsibi-
10b. Having consulted
lity to participate in
with DDA, DuPont Plaza
the Pedestrian Circula-
Hotel, the South Florida
tion Plan (in 10b) as
Regional Planning Council
follows:
staff- and the Dade County
Department of Traffic and
In conjunction with the
Transportation, hereby
development of the south-
approve, in concept, the
east block of the pro-
Pedestrian Circulation
ject: a) Applicant
Plans (Figures 1 and 2
shall participate with
,attached) to differentiate
Southeast Bank in the
between pedestrian and
construction of a
vehicle circulation so as
ground -level pedestrian
to provide greater pede5-
promanade along a por-
trian safety and security
tion of SE 3rd Street
and to further free traf-
lying easterly of the
fic circulation. To im-
southerly extension of
plement this Plan, the
the west line of the
City will rely on public
Southeast Bank Financial
and private participation
Center plaza area; it
with the objective of
being understood that
completing this system
the promenade must pro-
expeditiously. The se -
vide reasonable egress
cond level pedestrian
from the Southeast Bank
connection design para-
parking garage a minimum
meters are as follows:
of 4:00 p.m. to 6:00
p.m. week days and
16.5' Clearance at the
satisfy other traffic
undersize of structure
requirements proposed
to grade.
by the Dupont Plaza Task
Force, as approved by the
Open for operation during
City Commission. The ar-
normal business hours or
chitects for the Appli-
coincident with the hours
cant and Southeast Bank
of operation of the DCM,
shall jointly design
as a minimum.
ground -level promenade
which shall be con-
As a matter of policy,
82 -71
9
------------
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+yi ' I r w0 • aat•h xU,.D•.L I t n � t ,
yt 7
r
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c c,cc,..,w., ro.a• .,,.--�.�5. s i. fJ1
7'
FIGURE 1 PEDESTRIAN CIRCULATION
. S `•S j E-11 ` (`RO(ND LE'�- r PECFSt :Iwtl ^.v SfEGr
StnCEt LEvft
CENTUR PIl
MI/\MI awnrnn .......
OWPONT PLAZA, NnAMp y•, �, .,.. ... ...
IIIIIIIIIIII� �iii
VI
0
r
SOUTHEAST OPTIONS- `
' AT LEAST ONE OF ;
THE TWO OPTIONS
Y,CJV-CONTINGENT ' ; IS 'MANDATED
ON PAN AM. BANK ,
• .. —_ — V - t �• SE 7 "SEE; .. �r
- �- "L
S0Tj AST ' f
I F REQUIRED
i I
' BY CITY
II --': - - -� - � _ ' __ _ �. _ -- - --- ,_ �(C•1 fir' -- - _ _ -_•
DCNi MEZZANINE
J
' '=7 •Cttr,p••• •nE• II•w a••
*See Development Order for bridge location.
FIGURE 2 PEDESTRIA'N CI::CULATION
SYSTEM (sLCOND t.EVEL)
-t
The Aaolic:ant Shall:
structed:-by the Appli-
cant. �Th-2 Applicant
and Southeast Bank
shall jointly fund (50/
50) of the cost of
design and construction
of the ground -level
promenade. If disa-
greement between App-
licant and Southeast
Sank arises with regard
to the design of the
ground -level promenade,
the Miami City Commis-
sion shall makd the
final decision. b)
Design, pay for, and
construct a s6cond-
level pedestrian con-
nection from the park-
ing Garage in Miami
Center I, across Bis-
cayne Boulevard, to
connect with the Miami
Center II plaza in
front of the Office
Tower; and c) design,
pay for, and construct
a second -level pedes-
trian connection, at an
elevation of approxi-
mately 29 feet City of
Miami datum from the
Condominium Tower
across SE 3rd Avenue to
the Miami Center II
Garage.
In conjunction with the
development of the
southwest block of the
project; design (in
consultation with the
DuPont Plaza Hotel,
with final approval by
the Miami City Commis-
sion) , pay for and con-
struct a second level.
pedestrian connection
from the Miami Center
II Garage southerly
across SE 4th Street
(Biscayne Boulevard
Way) up to -the building
face of the DuPont
Plaza Hotel and Office
Building, easterly of
of the structure pi. e-
sently occupied by the
Chase Manhattan Bank.
Such connection shall
be mandatory and Appli-
The City Shall:
encourage maximum use
of SE 3rd Street as a
promenade. City shall
approve final design
of the a landscape and
pedestrian environment
plan, including the
pedestrian promenade,
at -grade and second -
level pedestrian con-
nections for the entire
project. The City
shall support an appli-
cation for Federal
funds for a second -
level pedestrian con-
nection over SE 4th
Street.
The City shall provide
security. for the
second -level pedestrian
connections.
-6-
82 - 7 1
i
The Appiicant Shall. T;:_ CitY S;iall.
shall be responsible
for up tb'100% of the
construction of the
pedestrian crossing
extending from build-
ing faces of both
properties, to the
extent that such costs
are not publicly
funded.
The DuPont Plaza Hotel
shall accommodate the
pedestrian connection
and pay for and' con-
struct any renovations
to the building face,
wall, structure, founda-
tion and interior re-
quired to receive the
pedestrian connection.
s It is further under-
stood that the City,
Dupont Plaza Hotel and
other agencies will sup-
port an application for
Federal funds for fifty
(50) percent of the de-
sign and construction
costs of said pedestrian
connection and vertical
to ground connections,
if any, within the
public right-of-way; in
this event, said pedes-
trian connection shall
be accessible from*the
public right-of-way to
the public twenty-four
(24) hours per day.
This pedestrian connec-
tion shall be provided
prior to the elimina-
tion of the at -grade
pedestrian crossing of
S.E. 4th Street (Bis-
cayne Boulevard Way) at
SE 3rd Avenue..
In conjunction with the
development of the
northwest block of the
project: a) cooperate
with Southeast Bank in
the design of a second -
level pedestrian bridge
across SE 3rd Avenue,
linking southeast Bank
Financial Center to the
relocated DCM station
or the Miami Center II
-7-
The Appiicant Shall. T;:_ CitY S;iall.
shall be responsible
for up tb'100% of the
construction of the
pedestrian crossing
extending from build-
ing faces of both
properties, to the
extent that such costs
are not publicly
funded.
The DuPont Plaza Hotel
shall accommodate the
pedestrian connection
and pay for and' con-
struct any renovations
to the building face,
wall, structure, founda-
tion and interior re-
quired to receive the
pedestrian connection.
s It is further under-
stood that the City,
Dupont Plaza Hotel and
other agencies will sup-
port an application for
Federal funds for fifty
(50) percent of the de-
sign and construction
costs of said pedestrian
connection and vertical
to ground connections,
if any, within the
public right-of-way; in
this event, said pedes-
trian connection shall
be accessible from*the
public right-of-way to
the public twenty-four
(24) hours per day.
This pedestrian connec-
tion shall be provided
prior to the elimina-
tion of the at -grade
pedestrian crossing of
S.E. 4th Street (Bis-
cayne Boulevard Way) at
SE 3rd Avenue..
In conjunction with the
development of the
northwest block of the
project: a) cooperate
with Southeast Bank in
the design of a second -
level pedestrian bridge
across SE 3rd Avenue,
linking southeast Bank
Financial Center to the
relocated DCM station
or the Miami Center II
-7-
r
The Applicant Shall.
Garage, if any such
second -level pedestrian
connection is required
by the City. Applicant
shall design, pay for
and construct the con-
nection of the bridge,
if required, to the
Miami Center II Garage,
so as to provide access
to the relocated DCM
station, contingent
upon Southeast Bank's
design, funding and
construction of the
bridge and b) be obli-
gated to design, pay
for and constrruct that
portion of a second -
level pedestrian con-
nection across SE 2nd
Street, from the Miami
Center II garage to the:
center line of SE 2nd
Street, immediately
west of SE 3rd Avenue,
if an agreement can
be reached with the
owners of the existing
Pan American Bank
Building for their
funding, design and
construction of the
remaining portion of
the pedestrian connec-
tion.
The Applicant shall be
responsible for main-
taining those pedes-
trian connections which
are its obligation to
construct.
Ila. Submit design para-
meters, a schedule of
pedestrian circulation
system elements and any
appropriate design modi-
fications to the develop-
ment plans within 120
days of the issuance of
this Development Order
for review and approval
by the agencies named in
llb, based on either the
Applicant's and Southeast
Bank's approved plan or
in the event of disagree-
ment, the plan as approved
by the Miami City Commis-
sion. Nothing shall re-
lieve the Applicant of
Thca City Shah:
llb. Not grant a building
permit for any portion of
the development (founda-
tion permits are exempted
any may be processed)
until the parameters,
schedule and any design
modifications are reviewed
��nd approved by the Dade
County Department of Traf-
fic and Transportation and
the City of Miami Depart-
ments of Planning and
Public Works and referred
to the South Florida
Regional Planning Council
staff for review and com-
ments. No final certifi-
cates of occupancy will
8 2 - '7 1
E9
The Applicant Shall:
the obl iga ti,on to pay for
and constrbet the pedes-
trian connections in 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-
ment, 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 as set fortis
in Figure 3 attached
"Modified Recommended
Highway System Plan" have
been recommended by the
The City Shall:
be granted .for complete
operation of the project
until the required pedes-
trian circulation system
elements are completed,
contingent on performance
by Southeast Bank/Gerald
D. EIines Interests, the.
DuPont Plaza Hotel and
the owners of the Pan
American Bank Building;
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 MPO will be urged to
substitute this plan for
the plan previously
Adopted by MPO Resolution
1-81; January 26, 1981.
The city shall continue
to urge f:DOT to maintain
82-71
- The A cLnt Shall:
The City Shall:
DuPont Plaza, Task Force
at least one -north -mound
on Septemb?2:- 2, 1981,
lane from the Brickell
with the participation of
Bridge to SE 2nd Avenue,
the Applicant, Southeast
to SE 3rd Street to SE
_ Bank Financial Center/
3rd Avenue.
Gerald D. Hines Interests
and the Dupont Plaza
The City shall not grant
Hotel.
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 Miami
and a period of 45 days
Center II, as discussed
has elapsed from the date
in Paragraph 1 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
II garage, 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 ti;ansporta-
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
FDOT has a consultant
the FDOT will have a cop -
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 -
vents 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 FDOT, design
City Commission Resolution
and engineering plans of
81-113; February 26, 1981.)
the I-95 bifurcated ramps
to the surface streets
and Miami Center II
garages (see Figure 3);
and obtain final FDOT
approval thereof; such
-
documents, if required,
shall be completed by
February, 1983.
82-71
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' I � I � � ; .i o-' ��1�� -;� �IFt, i i I t ,, �fJj i .�,1i1 G.L�� k .J•,{_'
.i'l''' � �r' i 'G ,< s .e's ri r ,.I�;�_•��� $";' •.f '�1 �lt�i 1
Fr
ei
77 T 4 3
' �,• ..' Cd �,,E%1 -i �'-' � ' -t �t. I.=-% :• 1 ,�' �'7C.n a'.. _>' s -.s'✓- •' 1F-i
°
O •\,.�_ri„- f .��_,E"rf�l '�"..` ��-� ! `_ 3i.,7 1{""""'�"'."",.�..�....i .. "'- ^^".r ,, ✓./ i�.,
1
I
cJ.
f
• �i%=•r. � �' �'��`�..L.-.in•-i>: T''-'i a.-/- j iiliii F 9I 7 1 t'.
%.f _
`� ' ��- \,,,,l+r"`�r.-r.-s.n '__^"ti..^'-•:�"su'�-� �-�.,. .!'�_:. ..._^ 4Ga ci.ts � `..r-. _ G'�'..—''� - ..�-._ ..r..--•""-''
�I.` �� �i.•'`.��.. �E ' the DuPont Pla:'.:t Task Farce)
- ecommended by `FIGURE 3 11IODlFIEDI RECO�Cii :�[iED as r
1•+ �:Il: HIGHWAY S�STEIS PLAN 9-2-81, to be forwarded to the 1}}'J ;Is a sub-
stitute for the plan preriousi, ,utcpted by
AiPO Resolution 1-81; Januarc 2u, 1981.
The Applicant Small:
As a condition of issuing
a building• permit, the
applicant agrees to pro-
vide a maintenance of
traffic plan and a con-
struction employee park-
ing plan by calendar quar-
ters until July, 1984 or
the issuance of a certi-
ficate of occupancy for
structures in Miami Cen-
ter II, to be approved by
the City.
15a. Fund, bond, of pro-
vide a letter of credit to
the Countv and/or State
for up to $813,200 (in
1980 dollars) for State
and/or County contruction
of surface street imrpove-
ments in DuPont Plaza
generally similar to those
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 DCH
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 I-95
bifurcated system.
16a. Cooperate with the
DuPont Plaza Hotel in
obtaining a direct ramp
connection from I-95 into
,any new building erected
on the DuPont Plaza Hotel
site.
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).
-12-
82-71
�X__
The Applicant Shall: The City Shall:
18. Front end 80% ($11.
68 million •in 10.80 dol-
lars) of the construction
costs of the I-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
17. Evaluate, in colla-
boration with the Dade
County Dept. of Traffic
and Transportation, 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
(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 the Miami Avenue
Bridge project. Conside-
ration shall be given to
the increased ad valorem
revenues from Southeast
Bank and Hiami Center I
(Ball Point) and II in
funding these necessary
improvements.
-13-
82-71
The Applicant Shall:
equitable reimburoe-
ment =agreement among
appropriate parties
which shall specify
interest rates and
maturity dates; or
b) Arrange 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
Statutes or the State
Controller; whichever
is applicable; if a
public sector finan-
cing package has not
been cominited by
September 30, 1982.
19a. Promote energy con-
servation and the use of
public transit by"partici-
pating in Transportation
System Management, coor-
dinated with 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.
The City Shall:
19b. Work closely with
the Downtown Development
Authority, the Dade County
Office of Transportation
.Administration and the
Applicant to promote tran-
sit use; shall encourag,p 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.
Energy Conversation
The Applicant shall:
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 "8")
82 -'7 1
r
and submit then analysis to the South Florida Regional Planning
Council Staff, the Dade County Office of Energy Management and
the City of Miami Planning Department Eor review ,and approval,
prior to obtaining any building permits. If the results of the
analysis indicate that such a facility is viable in DuPont Plaza,
the applicant will construct and operate it as an integral part
of the project.
21. The Applicant shall incorporate the following energy conserva-
tion measures into the project or provide the Council Staff a
written justification for their omission:
size power transformers closer to demand rather than connected
load;
add power factor correction devices for improving power factors
on large motors and *determine the most feasible installation
location;
provide building wall, duct and piping insulation which exceeds
the energy code requirements;
use a light color for the building surface to reflect solar
radiation;
. provide pedestrian shade by extensive planting.
Minority Participation
22. The applicant shall work with the City to prepare a minority
employment plan indicating how the maximum feasible number of
construction 'and permanent jobs resulting from the project can
be accessible and available to minority applicants especially
Blacks.
23. The applicant shall vigorously seek minority contractors, es-
pecially Blacks, to carry out construction work as feasible
during the development phase of the project.
General
24. If the ownership of the property i-s transferred and the new owner
wishes to proceed with development other than provided in this
Development Order, then the new owner must seek an amended or
new Development Order.
25. 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 Certificate of Occupancy is
issued, to the South Florida Regional Planning Council; the
State of Florida Regional 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 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 and
revisions thereto.
Specific progress in response to paragraphs 9-19, it being
understood that submission of this report is not a substi-
tution for specific reports required by these or other para-
graphs.
-15-
82-71
A
A cumulative list of all permits or approvals ap^lied for,
approved or denied.
. A statement as to whether any proposed project construction
changes in the ensuing twelve (12)months are expected to
-
deviate substantially from the approvals included in this
Development Order.
Any additional responses required by rules adopted by the
State of Florida Department of Community Affairs.
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 Develop-
ment
Order. '
26.
The Development Order shall be null and void if substantial
development has not' begun in two (2) years 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 the
Condominium Tower and garage;
obtaining all required permits, variances, and approvals;
preparation and approval of raised pedestrian circulation
element plans;
dedication of all right-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 and/or a
private sector front -ending agreement for construction -of
-
the I-95 bifurcated ramps;
construction of the drainage system for the Condominium
Tower and Miami Center. II garage.
27.
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
[indicating date of adoption] has issued a Development
Order for the Miami Center II DuPont Plaza Project, a
Development of Regional Impact, located at approximately
201-399 SD 2nd Avenue; 201-399 SE 4th Street (Biscayne
Boulevard Way) being
ALL OP BLOCKS 2, 3, and g
DUPONT PLAZA (50-11)
b. That Miami Center .joint Venture a Florida general partnership,
100 Chopin Plaza, Miami, Florida 33131 are the developers.
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.
-16 --
82-71 1
,A
f
d. That the Development order constitutes a land development re-
gulation applicable to the property; that the conditions con-
tained in this Development Order shall run with the land an
" -
bind all successors in interest; it being understood that
recording of notice shall not constitute a lien, cloud or en-
cumbrance on real property, nor actual nor constructive notice
of any of the same.
28. The Applicant will incorporate all original and additional revi-
sions to the originally submitted Application for Development
Approval including the transportation analysis and recommended
system into one complete document and will provide copies within
90 days of the date of issuance of this Development Order, to the
City of Miami, the South Florida Regional Planning Council and the
State Department of Community Affairs.
29. The Application for Development Approval, as revised, is incorpo-
rated herein by reference and is relied upon by the parties in
discharging their statutory duties under Chapter 380, Florida
Statutes. Substantial compliance with the representations con-
tained in the Application for Development Approval, as revised,
is a condition for approval unless waived or modified by agree-
ment among the parties.
30. Nothing in this Development Order shall be construed as preventing
the Applicant from obtaining certificates of occupancy for Miami
Center II, if the Applicant complies with all conditions specified
in the Development Order.
CONCLUS IOI4S OF LAW
The Miami Center II DuPont Plaza project, proposed by
Miami Center .Joint Venture, through its predecessor
Holywell Corporation, complies with the Miami Compre-
hensive Neighborhood Plan, is consistent with the
orderly development and goals of the City of Miami,
and complies with local land development regulations
being the City of Miami Comprehensive Zoning Ordinance
No. 6871 as amended; and
The proposed development does not unreasonably inter-
fere 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.
-17-
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February 16, 1982
�'ii i2 : L 7
C i L ;:I
City of Aliarii, Fla.
Mr. Barry Peterson, Executive Director
South Florida Regional Planning Council
1515 N.W. 167th Street, Suite 429
Miami, Florida 33169
Dear Mr. Peterson:
RE: Miami Center II DuPont Plaza Project:
Development of Regional Impact
Per Resolution 82-71; January 28, 1982 (attached) the Miami City Commission
approved certain amendments to the Miami. Center II DuPont Plaza Project
Development Order (Resolution 81-840; September 24, 1981) by a) finding that
the amendments did not constitute a substantial deviation; b) approving
certain clarifying amendments and c) authorizing the City Manager and City
Attorney to execute the stipulation to Amend Development Order and Dismiss
Appeal.
It is requested that your staff review the amendments and request the
Council to dismiss the appeal so that this matter can be resolved as expedi-
tiously as possible. Your staff had raised certain objections to the
Development Order issued by the City and on November 9, 1981 the Council
approved an appeal to the Florida Land and Water Adjudicatory Commission.
At the Council hearing on -November 9, representatives of Miami Center Joint
Venture, the developers, and the Planning Department recommended an expedited,
negotiated settlement so that the appeal could be dismissed. The appeal
was filed with the Commission on November 18,,1981.
Please inform me of the SFRPC agenda when this item will appear.
Sincerely,
oseph W. McManus
Acting Director
Planning Department
JWM:dr
ATTACHMENT
PEANNINk DE.PARTMENT 275 N.W. 2nd Street , Rtrarnr, E!urvct.r 33129
N1.A!! 1`.l; ADDRE`> - P O. Box 330705 1.1iemr, r Inrnfa 33113
k
— Mr. Barry Peterson February 16, 1982
Executive Director
South Florida Regional Planning Council
Page 2
cc: Mr. Michael Garretson, Director
Division of Local Resource Management
Florida Department of Community Affairs
2571 Executive Center Circle East
Tallahassee, Florida 32301
Mr. Roy Kenzie, Executive Director
Downtown Development Authority
One Biscayne Tower, Suite 2099
Miami, Florida 33131
Mr. Bill Powell, Director
Dade County Department of Public Works
909 S.E. lst Street
Miami, Florida 33131
Attn: David Rhinard, Transportation Engineer
Mr. Armando Vidal
_ Florida Department of Transportation
410 N.W. 2nd Avenue
Miami, Florida 33128
Mr. George F. Knox, Jr.
City Attorney
Law Department
Attn: Joel Maxwell, Assistant City Attorney
Mr. Ralph G. Ongie
City Clerk
Mr. Aurelio Perez-Lugones, Director
Planning and Zoning Boards Administration
Mr. Robert Sommerville
Shutts and Bowers
Southeast 1st National Bank Building
Miami, Florida 33131
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department
December 29, 1931
PETITION APPROXIMATELY 201-399 SE 2ND AVENUE
'201-399 SE 4TH STREET (BISCAYNE BOULEVARD WAY)
All of Blocks 2, 3 and 4
DU PONT PLAZA (50-11)
Consideration of recommending approval of
amendments to the Miami Center II DuPont
Plaza Project Development Order approved
by the Miami City Commission by Resolution
81-840; September 24, 1981 being a Develop-
ment of Regional Impact per Chapter 380.06
F.S. and to be located in DuPont Plaza in
downtown Miami by a)finding that the pro-
posed amendments do not constitute sub-
stantial deviations under Chapter 380.06
(7)(h,i) b) approving amendments to para-
graphs 10a, 10b, 17,18 and 25 of the
Development Order and c) approving the
Stipulation to Amend Development Order and
Dismiss Appeal, all as per Ordinance 8290.
BACKGROUND Following City Commission action in approving
the Miami Center II DuPont Plaza Project De-
velopment Order (Resolution 81-840; September
28, 1981) the staff of the South Florida Re-
gional Planning Council expressed certain con- -
cerns over omissions and internal inconsis-
tencies in the Development Order. The South
Florida Regional Planning Council on November
9, 1981 followed their staff recommendation
to appeal the City's Development, Order to the
Florida Land and Water Adjudicatory Commission.
At the same SFRPC meeting of November 9, 1981
representatives of Miami Center Joint Vent'ure_,
the developers, and the Planning Department
recommended an expedited, negotiated settle-
ment of the SFRPC concerns so that the appeal
could be dismissed and so that the project
would proceed.
8 2 - '7 1
44
ANALYSIS
RECOMMENDATION
PLANNING
DEPART,IiENT
PLANNING
ADVISORY 30ARD
1W
(See attached memorandum to the
City Manager dated November 6, 1981)
a) The Planning Department does not perceive �..._..
that any of the amendments fall within the -•
criteria for substantial deviation listed
in Chapter 380.06(7)(h) F.S. "Florida En-
vironmental Land and Water Management Act"
and recommends a funding of no substantial
deviation (Chapter 380.06(7)(i)F.S.
b) The Planning Department recommends approval
of amendments to paragraphs 10a, 10b, 17,
18 and 25 of the Development Order.
c) The Planning Department recommends approval
of the Stipulation to Amend Development
Order and Dismiss Appeal.
RECOMMENDED APPROVAL on 1120182 by a 5 to 0 vote.
82-71 ,
f '4r A /
✓, CITY OF MIA Mt. FLORIOA J -
INTER -OFFICE MEMORANDUM
TO. Howard V. Gary
City Manager
2"
r /
FROM enh W, McManus
Acting Director
Planning Department
O AT E.
November 6, 1981
PILE.
SUBJECT South Florida Regional Planning
Council Staff Recommendation to
Appeal Miami Center II DuPont
REFERENCES.Plaza Project Development Order
(Resolution 81.840; Sept.24, 198
ENCLOSURES:
The Commission should be informed that the
South Florida Regional Planning Council staff
is recommending an appeal of the Miami Center
II DuPont Plaza Project Development Order at
the Council meeting of Monday, November 9,1981.
The Planning Department recommends an expedited
negotiated settlement so that the project can
proceed. It is also the Department's under-
standing that the applicant (Miami Center Joint
Venture) does not object.
By transmittal dated October 30, 1981,
ning Council staff is recommending an
DuPont Plaza Project Development Order
ber 24, 1981).
The SFRPC objections are threefold:
the South Florida Regional Plan -
appeal of the Miami* Center II•
(Resolution 81-840" Septemt.
-
1. Condition #18 in the Development Order requires Miami
Center Joint Venture to front end 80 percent ($11.68
million in 1980 dollars) of the costs of constructing
the I-95 bifurcated system if a public, sector financ-
ing package has not been committed by September 30, -
1982. The previously issued Southeast Bank Develop-
ment Order requires Southeast Bank to front end the
remaining 20 percent if necessary. The problem arises
from the City's failure to incorporate into the Miami
Center DO the following language, which is in the South-
east DO:
"The City shall not issue a Certificate of Occupancy
for the project unless a) either a public sector
financing package has been committed or b) other
financial arrangements have been completed to finance
construction of the I-95 bifurcated ramps".
2. Condition 917 in the Development Order requires the -
City in collaboration with County and State Agencies
to evaluate options for public sector financing of
the $14.6 miljion, cost of the I-95 bifurcated ramp
system, and to prepare a report and recommendations
on a financing package, including preferred funding
82-71
r
'114
Howard V . Gary
Page 2
November 6, 1981
options and steps necessary to insure their
realization. Since financing of the I-95 bi-
furcated ramps should really be a public sector
responsibility, the previously described pri-
vate sector "front ending" condition was to be.
a last resort to ensure construction of the
facility, if a public sector financing package
could not be arranged by September 30, 1982.
The problem lies with the deadline for report
preparation - one year from the date of issu-
ance of the Development Order. As September
30, 1982 is less than one year away, the Coun-
cil staff recommends revising the report dead-
line date to June 30, 1982.
3. Conditions #7, 10a and 10b and 25 are inter-
nally inconsistent. Condition #7 requires the
applicant to incorporate security systems into
the pedestrian connections, while condition #10b
states that "The City shall provide security for
the second level pedestrian connections". Each
party's responsibilities should be delineated.
The word "minimum" in condition #10a should be
changed to "maximum" in reference to the hours
of 4:00 p.m. to 6:00 p.m. weekdays when SE 3rd
Street would be open east to Biscayne Boulevard.
Finally, in condition #2S the term "State of
Florida Regional Planning Council" should be
deleted.
The Planning Department's view is that the SFRPC staff recommendation
for appeal is primarily based on the omission of language in Cond i -
tion #18 (see 1 above) which if included, would ensure that Miami
Center II would not be approved for occupancy unless financial ar-
rangements have been completed for the construction of the I-95 bi-
furcated ramps. The Planning Department does not object to the
recommended revisions and recommends an expedited, negotiated settle-
ment to allow the project to proceed.
Any negotiations to revise the Development Order are to be strictly
confined to the issues (above); the Planning Department would object
to the introduction of other issues. It is also the Department's
understanding that the applicant (Miami Center Joint Venture) does
not object.
A copy of this memorandum will be filed with the South Florida Regional
Planning Council at their meeting on November 9, 1981.
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