HomeMy WebLinkAboutR-81-084081-774
(9/10/81)
RESOLUTION NO. ` 8 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.
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-
CITY COMMISSION
MEETING OF
SEP241981
REass :............................
KE
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,
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 square feet of floor area and 4,000
parking spaces on the two 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
2
81 -840
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
3
►81-840
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 24th
ATTEST:
I:-
zALP G. ONGIE, CITY CLEBY
PREPARED AND APPROVED BY:
FiARY/ A. VALENTINE, ASSISTANT CITY
ATTORNEY
day of September 1981.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
RNEY
4
k 81 - 840
11
0
DEVELOPMENT ORDER
Exhibit "A"
ATTACHMENT TO RESOLUTION 81-840
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 Way), 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
Develo ment
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 or
Area (sq. ft.)
Area
(sq. ft.)
sq. ft.
Spaces
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 694
774 feet)
Residential Use 1,490t286
Mezzanine
and Lobby 14,190
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 41000
Retail (3 F1.) 263,520 199,104
Restaurant &
Health Club (1 Fl.) 19,200
Tennis Courts &
Stands (1 Fl.) 173,310
T 0 T A L 3,645,200
-1- 81-840
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-
F 81 -840
To resolve these problems:
The Applicant Shall:
9a. Provide sufficient
truck service area to
insure adequate service
to the building, effi-
cient off-street loading
and unloading operations
and unobstructed flow of
traffic on SE 3rd Street.
10a. Recognize a responsibi-
lity to participate in
the Pedestrian Circula-
tion Plan (in 10b) as
follows:
In conjunction with the
development of the south-
east block of the pro-
ject: a) Applicant
shall participate with
Southeast Bank in the
construction of a
ground -level pedestrian
promanade along a por-
tion 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 pro-
vide reasonable egress
from the Southeast Bank
parking garage a minimum
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. The ar-
chitects for the Appli-
cant and Southeast Bank
shall jointly design
ground -level promenade
which shall be con -
The City Shall:
9b. Carefully evaluate
any application for a
zoning variance for off-
street truck loading bays
in the context of provi-
sions of the proposed new
City of Miami Comprehen-
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
Miami Planning Department
(in consultation with
South Florida Regional
Planning Council staff)
prior to granting
of zoning approvals.
10b. Having consulted
with DDA, DuPont Plaza
Hotel, the South Florida
Regional Planning Council
staff and the Dade County
Department of Traffic and
Transportation, hereby
approve, in concept, the
Pedestrian Circulation
Plans (Figures 1 and 2
attached) to differentiate
between pedestrian and
vehicle circulation so as
to provide greater pedes-
trian safety and security
and to further free traf-
fic circulation. To im-
plement this Plan, the
City will rely on public
and private participation
with the objective of
completing this system
expeditiously. The se-
cond level pedestrian
connection design para-
meters are as follows:
16.5' Clearance at the
undersize of structure
to grade.
Open for operation during
normal business hours or
coincident with the hours
of operation of the DCM,
as a minimum.
As a matter of policy,
-3- 81 - 8 4 0
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Opme TOWER
CONDC"W-A TCWER
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VEHICULAR UOVEME"T
VEHICULAR -OVEME"? CIEPA.-I
T'A 'A-'
PIDEITMAN AREA
LANOICAPIE
FIGURE 1 PEDESTRIAN
CIRCULATION
ne TAIL —OOW
—I 0LAZEO 0FI`iiETPATIO*
SYSTEll
(GROUND LEVEL)
pF _t)rtSTF;lAN SYSTEM
ITT'— 11r.t.,
STREET LEVEL
MIAMI CENTER PHASE Ill
DUPONT PLAZA, MIAMI, FLORIDA
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EAST OPTIONS -
OUT' EAST ONE OF
��■ TWO OPTIONS
NCJV-CONTINGENT ANDATED
ON PAN AM. BANK
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SOUTHEAST-
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IF REQUIRED t•.,
BY CITY
IK ST Aa• � � � i, 1 -
1-" MCJV - - #
DCM MEZZANINE
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*See Development Order for bridge locat'.on• fj RETAIL HtMROW
FIGURE 2 PEDESTRIAN CIRCULATION
SYSTEM (SECOND LEVEL)
The Applicant Shall:
The City Shall:
structed by the Appli-
encourage maximum use
cant. The Applicant
of SE 3rd Street as a
and Southeast Bank
promenade. City shall
shall jointly fund (50/
approve final design
50) of the cost of
of the a landscape and
design and construction
pedestrian environment
of the ground -level
plan, including the
promenade. If disa-
pedestrian promenade,
greement between App-
at -grade and second-
licant and Southeast
level pedestrian con -
Bank arises with regard
nections for the entire
to the design of the
project. The City
ground -level promenade,
shall support an appli-
the Miami City Commis-
cation for Federal
sion shall make the
funds for a second -
final decision. b)
level pedestrian con -
Design, pay for, and
nection over SE 4th
construct a second-
Street.
level pedestrian con-
nection from the park-
The City shall provide
ing Garage in Miami
security for the
Center I, across Bis-
second -level pedestrian
cayne Boulevard, to
connections.
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 pre-
sently occupied by the
Chase Manhattan Bank.
Such connection shall
be mandatory and Appli-
81 -840
The Applicant Shall: The City Shall:
shall be responsible
for up to 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.
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-
0 81 -840
f 0-
The Applicant Shall: The City 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 construct 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.
lla. Submit design para-
llb. Not grant a building
meters, a schedule of
permit for any portion of
pedestrian circulation
the development (founda-
system elements and any
tion permits are exempted
appropriate design modi-
any may be processed)
fications to the develop-
until the parameters,
ment plans within 120
schedule and any design
days of the issuance of
modifications are reviewed
this Development Order
and approved by the Dade
for review and approval
County Department of Traf-
by the agencies named in
fic and Transportation and
llb, based on either the
the City of Miami Depart -
Applicant's and Southeast
ments of Planning and
Bank's approved plan or
Public Works and referred
in the event of disagree-
to the South, Florida
ment, the plan as approved
Regional Planning Council
by the Miami City Commis-
staff for review and Com-
sion. Nothing shall re-
ments. No final certifi-
lieve the Applicant of
cates of occupancy will.
-8- 81 -840
The Applicant Shall:
the obligation to pay for
and construct the pedes-
trian connections in 10a.
12a. Reach agreement
with the City concerning
the remaining pedestrian
circulation system issues
as 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 forth
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. Hines 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 FDOT to maintain
8x -840
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14.
'.?� � ' ,I � � �••%. .. �� � .� It (C� �O..Dar,y.�.Ji•y5� - � �% � S l • .,r'.
F _*' �.tALIT>r Trssarf.p't,+•w�^T1'�-{yoem"ri1pc.9►•�`` ��•'zi)i.sfO OO _ r.-��1..�. -•.✓
the Plaza Task Ford
,.1 DuPont ,
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'FIGURE 3 1tODIFIED RECONC1El�iED As recommended by he adopted by '
�:' HIGHWAY SYSTEM PLAN .9-2-81, to be forlardedd to tsly�adops a sub-
stitute for the p 26 1981
MPO Resolution 1-81; January
0
The Applicant Shall:
DuPont Plaza Task Force
on September 2, 1981,
with the participation of
the Applicant, Southeast
Bank Financial Center/
Gerald D. Hines Interests
and the Dupont Plaza
Hotel.
Upon the granting of all
variances and conditional
use permits necessary for
the development of Miami
Center II, as discussed
in Paragraph 1 hereof,
and the obtainment of any
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 transporta-
tion and second level
pedestrian system improve-
ments, specifically in-
cluding required dedica-
tions along the north
right-of-way line of SE
4th Street (Biscayne
Boulevard Way).
14a. Assume that the
FDOT has a consultant
under contract by Septem-
ber 11, 1981 for the task
outlined in 14b, committed
to completing construction
documents either a) 12
months thereafter or b) 12
months prior to the esta-
blished completion of
construction of the Miami
Avenue Bridge, whichever
conditions are more len-
ient; failing which:
The Applicant shall pre-
pare, according to speci-
fications to be agreed
upon with FDOT, design
and engineering plans of
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.
The City Shall:
at least one -north -bound
lane from the Brickell
Bridge to SE 2nd Avenue,
to SE 3rd Street to SE
3rd Avenue.
The City shall not grant
a building permit until a
copy of this Development
Order has been transmit-
ted to the South Florida
Regional Planning Council
and a period of 45 days
has elapsed from the date
of issuance of this
Development Order.
14b. It is expected that
the FDOT will have a con-
sultant under contract by
September 11, 1981 com-
mitted to completing con-
struction documents 12
months thereafter.
Failing which:
The City shall prepare
plans, specifications and
estimates for the design
and engineering of all
surface street improve-
ments in DuPont Plaza,
such documents, if re-
quired shall be completed
by September, 1982. (See
City Commission Resolution
81-113; February 26, 1981.)
-11-
$1 -840
il
It
The Applicant Shall:
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, or pro-
vide a letter of credit to
the County and/or State
for up to $813,200 (in
1980 dollars) for State
and/or County contruction
of surface street 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 DCM
station been built as in
the conceptual transpor-
tation plan adopted by
MPO Resolution 1-81; pro-
vided however, that any
additional costs for the
proposed relocation are
the responsibility of the
Applicant.
16. Construct, per speci-
fications to be agreed
upon by FDOT, the direct
ramps from the Miami Cen-
ter II garage to the
I-95 connector at an
appropriate time to be
determined by FDOT, to
insure simultaneous com-
pletion of the 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.
-12-
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).
$1-940
The Applicant Shall: The City Shall:
18. Front end 80% ($11.
68 million in 1980 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
-13-
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 Miami Center I
(Ball Point) and II in
funding these necessary
improvements.
81-840
10
The Applicant Shall:
equitable reimburse-
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 commited 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.
Energy Conversation
The Applicant shall:
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 encourage a
downtown parking pricing
policy to discourage 8-
hour use and shall con-
tinue enforcement efforts
to restrict or prohibit
on -street parking, all
of which are intended to
maximize the use of the
available roadway capa-
city.
20. Prepare a technical feasibility analysis for construction and
operation of a cogeneration facility, which analysis must in-
clude those elements specified in SFRPC report (Exhibit "B")
-14- 81 -840
and submit the analysis to the South Florida Regional Planning
Council Staff, the Dade County Office of Energy Management and
the City of Miami Planning Department for 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 is 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-
81-840
A cumulative list of all permits or approvals applied 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 SE 2nd Avenue; 201-399 SE 4th Street (Biscayne
Boulevard Way) being
ALL OF BLOCKS 2, 3, and 4
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-
8I - 840
A_
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 and
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.
CONCLUSIONS 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-
81-840
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October 5, 1981
Mr. Michael Garretson, Director
Division of Local Resource Management
Florida Department of Community Affairs
2571 Executive Center -Circle East
Tallahassee, Florida 32301
Dear Mr. Garretson:
Re: Miami Center II
Development Order
HOWARD V GAPY
Citv %1anaRnr
Per Resolution 81-840 dated September 24, 1981, the Miami
City Commission issued a Development Order, approving with
modifications, the Miami Center II DuPont Plaza Project,
a Development of Regional Impact (see attachment). By
copy of this letter, the South Florida Regional Planning
Council and other interested parties have also been supplied
copies of this resolution.
Sincerely,'
ep A�, McManus
Acting Director
Planning Department
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PLANNING DEPARTMENT / 275 N.W. 2nd Street / Miami, Florida 33128 00/_ �7/o
MAILING ADDRESS - P.O. Box 330708 / Miami, Florida 33133
CITY OF MIAM1, FLORIOA
INTER -OFFICE MEMORANDUM
TO Honorable Members of the DATE September 24, 1981 rite
City Commission
susitc-1 Miami Center 11 Development Order
Ao-Ad �;? ?44X Agenda Item #52(b), 9/24/81
George F. Knox, Jr. Final Draft
FROM City Attorney REFERENCES:
ENCLOSURES (1 )
Attached please find a final draft copy of the Development
Order for the subject project to replace the draft distribu-
ted in the agenda packet. The attached copy corrects only
scrivener's errors that were made in the preparation of the
document following your authorization and approval on Septem-
ber 10, 1981 (Motion No. 81-774).
GFK/MAV/rr
cc: Howard V. Gary
City Manager
Ralph G. Ongie
City Clerk
J'81 -840