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Home My WebLink AboutR-80-070715, r RESOLUTION NO. 8 0" 7 0 7 A RESOLUTION OF THE CITY OF rSIADII COMMISSION AMENDING PARAGRAPH 7, EXHIBIT "A", RESOLUTION 79-396; MAY 24,1979, BEING A DEVELOPMENT ORDER, APPROVING WITH MODIFICATIONS, THE BALL POINT (MIAMI CENTER) PROJECT: WHICH AMENDMENT REQUIRES AGREEMENT ON INTERIM TRAFFIC IMPROVEMENTS PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY RATHER THAN PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; FINDING THAT THIS AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE TERMS OF THE DEVELOPMENT ORDER, AND FURTHER DIRECTING THE CITY CLERK TO SEND THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER, WHEREAS, the City of Miami. Commission by Resolution 79-396, dated May 24, 1979 issued a Development Order, approv- ing with modifications, the Ball Point project, a Development of Regional Impact to be located on Tract D, DuPont Plaza (50-11), and WHEREAS, paragraph 7, Exhibit "A", of the Development Order requires the developer, Holywell Corporation, to submit documentation concerning the design and schedule for the imple- mentation of interim traffic improvements acceptable to the City of Miami prior to the issuance of a building permit, and WHEREAS, the projected construction schedules for the Ball. Point project, now known as Miami Center, and the adjacent four block DuPont Plaza area pose severe time and operating constraints in the interim period, and "DOCUMENT INDEX ITEM NO, WHEREAS, a DuPont Plaza Task Force representing a' -I a ec ed private and public agencies, was appointed September 8, 1980 by the Transportation Planning Council of the Metropolitan Planning Organization to expeditiously recommend a schedule of implementa- tion for interim and final traffic improvements to public agencies CITY COMMISSION MEETING OF SCP2a 1980 otunan 8 ,0 - 7, 7 and private entities, and, WHEREAS, the Commission finds that it is in the public interest to continue to assure overall public and private coordination and participation in interim and final traffic solutions in the DuPont Plaza area by providing that Holywell Corporation reach agreement on interim traffic improvements prior to the issuance of a Gertificate of occupancy rather than a building permit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, Paragraph 7, Exhibit "A", Resolution 79-396; May 24, 1979, being a Development Order, approving with modifications, the Ball Point (Miami Center) project is hereby amended in the following particulars: / " Traffic Access and Parking 7. Prior to the issuance of a 6"14di-mg-peprAitt, certificate of occupancy, for parking and enclosed areas, (permits for such matters as foundation, seawall renovation and site prep- aration will be issued, however, upon proper applications therefor, before such approval is required), the Applicant shall, using assumptions, and generation rates accoptnb"10 to the Dade County Department of 'Traffic and Transportation ("County") and to South Florida Regional. Planning Council ("Counci 1., , prepare 1/Words and/or figures stricken shall be deleted, Underscored words and/or figures constitute the amendment proposed. The remaining provisions tire now in offoct and remain unchanged, s0-7 07 2 and submit appropriate data and documentation affirmatively demonstrating to the satisfac- tion of the City of Miami Public Works and Planning Departments ("City") and the County acceptable interim improvements to allow road- ways to operate at levels of service acceptable to the City and the County in the A.M. and P.M, peak hours pending the completion of final traffic improvements. The data and documenta- tion shall also include projections acceptable to the City, the Council and the County establish- ing when implementation of interim solutions shall be required in whole or in part. Such projections shall be reviewed annually after beginning of occupancy and, when appropriate, modified by the City, the Council and the County. The Applicant shall pay its equitable share of the cost of imple- menting the acceptable interim improvements. Prior to the issuance of a 6a4!4d#eg-9e-rmIt certificate of occupancy for parking and enclosed areas (permits for such matters as foundation, seawall renovation and site preparation will be issued, however, upon proper applications therefor before such approval is required), the Applicant shall estimate in a manner acceptable to the City or the County, such equitable share and bond that amount with the City or the County. Prior to the issuance of a 6ulldi-ng perFA44- certificate of occupancy for parking and en- closed areas (permits for such matters as foundations, 80-7 07 seawall renovation and site preparation will be issued, however, upon proper applications, therefor before such approval is required), the Applicant shall obtain a commitment on the part of the City and the County to implement the acceptable interim improvements by the time �TIVE indicated by the projections. Copies of docu- ments, data and commitments shall be sent to F 0 L L (`)V'V the Council and incorporated into the Applica- tion for Development Approval." Section 2. The City of Miami Commission finds that this amendment to paragraph 7(above) does not constitute a sub- stantial deviation from the terms of the Development Order approved by the City of Miami Commission by Resolution 79-396 dated May 24, 1979. Section 3. The City Clerk is hereby directed to immediately send certified copies of this Resolution to the Florida Department of Community Affairs, Division of Local Resource Management, 2571 Executive Center Circle East, Tallahassee, Florida 32301; to the South Florida Regional Planning Council, 1515 NW 167th Street, Suite 429, Miami, Florida, and to the Holywell Corporation, 11 DuPont Circle, Suite 100, Washington, D. C. 20036. PASSED AND ADOPTED THIS 25 day of 5CPTRMBER ,1980. mil. ; C.�=•' O IPIVG. ONGIE, CITY CLE ARE AND PROVED BY: h /LAJL� 1%1 - r.__ K A. ALENTI s ISTANT CITY ATTORNEY MAURICE A. FERRC MAURICE A. FERRE, M YOR D AS TO(FORp1`AD C R ECTNESS; . U k%. , V0-'707 . I LXHIBIT A DEVELOPMEIrr ORDER M Let it be known that pursuant to Chapter 380.0 Florida Statutes the Commission of the City of Miami Florida has considered in public hearing held on May 24, 1979 the issuance of Development Order for Ball Point, a Development of Regional Impact to be located in the City of Miami. Pursuant to Chapter 380.06 Florida Statutes and after due consideration of the consistency of this proposed development with regulations, and the Report and Recommendations of the South Florida Regional Planning Council, the Commission took the following actions Approval of this development with the following..; modifications. y, Development +r iv r 1. The development is limited to a project containing not more than: 805,400 square feet of gross office space; 630 hotel units in a structure con- taining 658,400 square feet of gross hotel space; 500 dwelling units; 85,000 square feet of gross retail use and 2,365 parking spaces. The project as proposed would comprise an average Floor Area Ratio of 6.36 for the 8.46 acre site, approval having been previously granted for a variance from the 300-foot height limit and conditional use approval for parking uses. Further, the lot coverage is 8_3;.the ground usable open space is 17%1 the enclosed pedestrian open space at main floor level is 16 t as specified by the Applicant in the Application for Development Approval and the preliminary design documents of March 23, 1979, as amended by Supplement dated May 11 , 1979. -1- sc.ir- ��TI i/ ..,; In,7 E LLQW79-396 � � r 2. The applicant is encouraged to address the following concerns about the proposed development: a. Activities should be incorporated along the River Walk in order to provide meaningful and continuous pedestrian experiences and attractions. b. Attention should be given to the treatment of the Biscayne Boulevard facade to ameliorate the apparent bulk of the structure. C. Attention should be given within the project to providing views of "" the Miami River and Biscayne Bay as, for example, by interior design of the main floor level. LJ._ d. Attention should be given to shade and landscaping at the podium level. These concerns, as shown in construction documents, are subject to Planning Department approval prior to the issuance of a building permit for parking and any enclosed areas. Permits for such matters as foundations, seawall renovation and site preparation will be issued, however, upon proper applications therefore, before such approval is required. 3. The applicant will dedicate a pedestrian easement of not less than 20 feet to the City of Miami in perpetuity for Miami River Walk and Sayfront Walk purposes, and will construct the Walk and provide furniture and landscaping deemed necessary by the City of Miami. 'The applicant will design the ease - went area and adjacent private space to allow views and access from the project establishments, while fostering appropriate public use of the walkway. Responsibility for perpetual maintenance of all sections of the Walk by the Applicant will be specified in the easement document. Final landscape plans are subject to the approval of the Planning and Public Works Departments prior to the issuance of a permit for the Miami River Walk and Sayfront Walk. -2- 79-396 Permits for such matters as foundations, seawall renovation and site preparation will be issued, however, upon proper applications therefor , before 'such approval is required. 4. The Applicant shall provide landscape treatment for the easterly and of Chopin Plaza as a means of connecting the Bayfront Walk with Bayfront Park, at least comparable to the dimensions of the Bayfront Walk,with maintenance by the Applicant. Final landscape plans are subject to the approval of the Planning Department and Parks.•Department. 5. Subject to.obtaining all necessary permits and approvals, in the event that a Downtown People Mover station is located at, or in the vicinity of, Biscayne Boulevard between SE 2nd and 3rd Avenues, then the Applicant shall provide an upper level pedestrian connection to the station. 6. In the event that the developer is successful in acquiring ownership of at least three of the four blocks in adjacent DuPont Plaza, then the Applicant shall consider the provision of an upper level pedestrian connection from this project to the Applicant's future development in DuPont Plaza. «S U P c`�''. 1,' Traffic Access and Parking D 0 C .3ir(E IN( )) 7. Prior to the issuance of a building permit, Fd r aik �un%d enclosed areas, (permits for such matters -ts foundation, seawall.renovation and site preparation will be issued, however, upon proper applications therefor, before such approval is required), the Applicant shall, using assumptions, and generation rates accep. Ole to the Dade County Department of Traffic and Transportation ("County") and South Florida Regional Planning Council ("Council"), prepare and submit appro- priate data and documentation affirmatively demonstrating to the satisfaction Of the City of Miami Public Works and Planning Departments ("City") and the County acceptable interim improvements to allow roadways to operate at levels of service acceptable to the City and the County in the A.M. and P.M. peak hours pending the completion of final traffic improvements. The 8 Q , 7 U 7. 79- 39G i data and documentation shall also include projections acceptable to the City, the Council and the County establishing when implemen- tation of interim solutions shall be required in whole or in part. Such projections shall be reviewed annually after beginning of occupancy and, when appropriate, modified by the City, the Council and the County. The Applicant shall pay its equitable share of the cost of implementing the acceptable interim improvements. Prior to the issuance of a building permit for parking -and enclosed areas (permits for such matters as foundation, seawall renovation and site preparation will be issued, however, upon proper applications therefor before such approval is required), the Applicant shall estimate in a manner acceptable to the City or ,'S U "rIVE -4- -4-79-396 _ j! the County, such equitable share and bond that amount with the City or the County. Prior to the issuance of a building permit for parking and enclosed areas (permits for such matters as foundations, seawall renovation and site preparation will be issued, however, upon proper applications, therefor before such approval is required), the Applicant shall obtain a commitment on the part of the City and the County to implement the acceptable interim improvements by the time indicated by the projections. Copies of documents, data and commitments chall be sent to the Council and incorporated into the Application for Development Approval. 8. The Applicant will fund the following improvements to Biscayne Boulevard along the site which are necessary to accommodate Ball Point traffic: provision of four traffic lanes on Biscayne Boulevard from the southernmost site access point to SE 2ne- Street and will dedicate any property necessary for such improvements: removal of the, island near SE 3rd Street, provision of a traffic signal at SE 3rd Street, and addi- tion of a second left turn lane northbound onto SE 2nd Street. If approved interim improvements, under 7 above, obviate the need for any of these improvements, such improvements(s) shall not be required. 9. The Applicant will reserve the land located west and south of the eastern right-of-way of Biscayne Boulevard extended, and will dedicate that land to the appropriate govern- ment agency if the land is required for construction of a Miami River crossing or, in the event that such construction does not proceed, will dedicate that land to the City of Miami for a public purpose. 10. The Applicant will negotiate an agreement with the City of Miami, providing for two traffic lanes on Chopin Plaza unobstructed by parking movements for adequate access to the hotel, with the balance of right-of-way on Chopin Plaza devoted to parking, Miami River Bayfront Walk purposes and other approved uses. The applicant shall indemnify the Off -Street Parking Authority for any loss of metered parking spaces attributable to providing adequate access to the hotel. -5- OUPPOR DOCUMENTS FOLLOW" '79-396 11. The Applicant will provide at least the equivalent of the spaces that would be required by the Dade County Zoning Code (Section 33-124(a)) for exclusive use by condominium residents and guests. The Applicant may provide such parking supply through construction of additional self -parking facilities; through facility redesign; through design for and provisions of valet parking, or a combination of the above methods. Environmental ' 12. The Applicant will report to the South Florida Regional Planning Council the results of its marine community survey before proceeding on seawall renovation. If viable marine communities are detected, the Applicant will incorporate, in its Corps of Engineers permit application, measures to minimize impact of seawall renovation on these organisms. 13. The Applicant will inform the Dade County Historic Survey of the inception and timing of excavation for the project. 14. The Applicant shall secure a complex source permit prior to the inception of construction. 15. This Development Order shall be null and void if substantial development of the site has not befun within two years of the recorded date of the Development Order. 16. The Applicant will incorporate all additional information requested by this Development Order and revisions submitted by the Applicant subsequent to original submission of the Application for Development Approval into a com- plete document and will provide copies in a timely manner to the South Florida Regional Planning Council, City of Miami, Dade County and the State. 10 FC)L' LC)V YY 7 9. 3 9 6 N j7 1. . r • • f 17. The Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380 Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for -approval unless waived or modified by agreement among the parties. 9 OLLOVV" - 7- 8 0 - 17 U 7 79-396 p HOLYWELL CORPORATION 11 DUPONT CIRCLE, N.W. SUITE 100 WASHINGTON, D.C. 20036 (202) 387.8670 September 26, 1980 HOLYWELL Mr. Richard L. Fosmoen, City Manager City of Miami Post Office Box 330708 Miami, Florida 33133 Dear Mr. Fosmoen: With respect to my appearance before the Miami City Commission on September 25, 1980, relating to Holywell Corpora- tion's development of Ball Point in downtown Miami, I hereby agree, on behalf of Holywell Corporation, that it shall, using assumptions and generation rates acceptable to the Dade County Department of Traffic and Transportation ("County") and the South Florida Regional Planning Council ("Council"), prepare and submit appropriate data and documentation affirmatively demonstra- ting to the satisfaction of the City of Miami Public Works and Planning Departments ("City") and the County acceptable interim improvements to allow roadways to operate at levels of service acceptable to the City and the County in the A.M. and P.M. peak hours pending the completion of final traffic improvements. The data and documentation shall also include projections acceptable to the City, the Council and the County establishing when implementation of interim solutions shall be required in whole or in part. lie understand that such projections shall be reviewed annually after beginning of occupancy and, when appropriate, modified by the City, the Council and the County. Holywell Corporation shall pay its equitable share of the cost of implementing the acceptable interim improvements and Holywell Corporation shall estimate in a manner acceptable to the City or the County, such equitable share and bond that amount with the City or the County. 1 80-707 r HOLYWELL Mr. Richard Fosmoen September 26, 1980 Page Two Additionally, Holywell Corporation shall obtain a commitment on the part of the City and the County to implement the acceptable interim improvements by the time indicated by the projections. Copies of documents, data and commitments shall be sent to the Council and incorporated into the Application for Development Approval. TBG/mt Sincerely, Theodore B. Could President 80-707 . ..••. _••�A-- ' �'!n�,� r,i..ae7ievnr%�e1iw7uve�6.inw1 C 0 W(oflum October 20, 1980 State of Florida Department of Community Affairs Division of Local Resource Management 2571 Executive Center Circle East Tallahassee, Florida 32301 Attention: Mr. John Heggen, Secretary Dear Mr. Heggen: RALPH G. ONGIE City Clerk MA1TY HIRAI Assistant City Clerk DEPUTY CITY CLERKS Robert E, Tingley Georgia M. Little Ilia Teems Sylvia M. Mendoza Evelio Rizo MICROFILM DIVISION Dorothy Brown Domingo Acosta At the request of the City of Miami Commission, enclosed please find a certified copy of Resolu- tion No. 80-707 passed and adopted at its meeting held on September 25, 1980, which is self-explana- tory. Very truly yours, RALPH G. ONGIE CITY CLERK RGO:smm Enclosure OFFICE OF'THE CITY CLERK / City Hall / 3500 Pan American Drive / Miami, Florida 33133 / 575.6OGS _ ... ____.__.. __..,_-------_.__._ `1 I U�U(afiuw October 20, 1980 RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk DEPUTY CITY CLERKS Robert E. Tingley Georgia M. little ilia Teems Sylvia M. Mendoza Evelio Rizo MICROFILM DIVISION Dorothy Brown Domingo Acosta Mr. Gerald Thompson, Chairman South Florida Regional Planning Council 1515 N. W. 167th Street, Suite 429 Miami, Florida 33169 Dear Mr. Thompson: As regeusted by the City of Miami Commission, en- closed please find a certified copy of Resolution No. 80-707 passed and adopted at its meeting held on September 25, 1980, which is self-explanatory. Very truly yours, RALPH G. ONGIE CITY CLERK RGO:smm Enclosure OFFICE OF 'THE CITY CLERK / City Hall / 3500 Pan American Drive / Miami, Florida 33133 / 579.6065 / {' (� 1_13 M (W oaf r111i, October 20, 1980 Mr. Ron Nestor, Vice President Holywell Corporation 11 DuPont Circle, Suite 100 Washington, D. C. 20036 Dear Mr. Nestor: At the request of the City of Miami Commission, enclosed please find a certified copy of Resolu- tion No. 80-707 passed and adopted at its meeting held on September 25, 1980, which is self-explana- tory. RGO:smm Enclosure Very truly yours, RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk DEPUTY CtiY CLERKS bcrt E. Tingley Georgia M, Little Ilia Teems Sylvia M. Mendoza Evelio Rizo MICROFILM DIVISION Dorothy Brown Domingo Acosta RALPH G. ONGIE CITY CLERK BY: 4-,, * , kel� putt' City Clerk OFFICE OF'FHE CITY CLERK / City Hall / 3500 Pan American Drive / Miami, Florida 33133 / 575.6065