HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hail
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00622 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, IN
ORDER TO AMEND A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL
IMPACT (DRI) DEVELOPMENT ORDER, FOR THE MODIFICATION OF THE
MASTER AND INCREMENT 11 DEVELOPMENT ORDERS FOR THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) DEVELOPMENT OF REGIONAL IMPACT
(DRI), IN ACCORDANCE WITH SUBSECTION 380.06(19), FLORIDA STATUTES
(2004), IN ORDER TO: 1) MODIFY THE TABLE DESCRIBING THE LAND USES
AND INCREMENTS IN THE SEOPW DRI TO REFLECT ADMINISTRATIVE
SIMULTANEOUS INCREASES AND DECREASES IN THE INCREMENT I
DEVELOPMENT ORDER, AND ROLLOVER ANY UNUSED CREDITS INTO THE
INCREMENT 11 DEVELOPMENT ORDER; 2) REVISE THE DEFINITION OF "NET
NEW DEVELOPMENT"; 3) MODIFY THE DEFINITION OF "TOTAL ALLOWABLE
DEVELOPMENT"; 4) MODIFY FINDING OF FACT G TO REFLECT THE
PROPOSED CHANGE; 5) PROVIDE THAT THE BUILDOUT DATE IS ALSO THE
DATE UNTIL WHICH THE PROJECT SHALL NOT BE SUBJECT TO
DOWNZONING OR OTHER SIMILAR ACTIONS PURSUANT TO STATE LAW;
AND 6) ALLOW FOR THE SUBMITTAL OF A BIANNUAL STATUS REPORT
PURSUANT TO SECTION 380.06(18), FLORIDA STATUTES (2004), RATHER
THAN AN ANNUAL REPORT; 7) CORRECT SCRIVENERS ERROR IN
CONDITION 7 OF INCREMENT II DEVELOPMENT ORDER; FINDING THAT
THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER
CHAPTER 380, FLORIDA STATUTES; AND ALSO FINDING THAT THESE
CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN.
WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110
approving a Master development order for the Southeast Overtown/Park West Development of
Regional Impact, and Resolution No., 88-111 approving the Increment I development order for the
Southeast Overtown/Park West Development of Regional Impact; and
WHEREAS, on September 24, 1992, the City Commission adopted Resolution No. 92-609
approving the Increment 11 Development Order for the Southeast Overtown/Park West Development of
Regional Impact; and
WHEREAS, on May 25, 1993, the City Commission adopted Resolution No. 93-217 amending
the Increment II development order for the Southeast Overtown/Park West Development of Regional
Impact; and
WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (2004), on March 22, 2005,
the CRA submitted a "Notification of a Proposed Change to a Previously Approved DRI," to the City of
Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs;
and
City of Miami
Page 1 of 3 Printed On: 7/1/2005
File Number: 05-00622
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 15, 2005 Item No.
13, following an advertised public hearing, adopted Resolution No. PAB 60-05 by a vote of five to zero
(5-0) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment II
Development Orders for the Southeast Overtown Park West Development of Regional Impact with
conditions as attached hereto; and
WHEREAS, the City Commission determined that all requirements of notice and other legal
requirements have been complied with for an amendment to the development orders for the Southeast
Overtown Park West Development of Regional Impact; and
WHEREAS, the City Commission deems it advisable and in the best public interest, and the
general welfare of the City of Miami to amend the Master and Increment I! Development Orders for the
Southeast Overtown Park West 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 recitals and findings contained in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The proposed amendments to the Master and Increment 11 Development Orders for
the Southeast Overtown Park West Development of Regional Impact, (see Exhibit "A" attached
hereto), do not constitute a substantial deviation and, therefore, do not require further development of
regional impact review pursuant to Subsection 380.06(19), Florida Statutes (2004). This amendment
is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000.
Section 3. The attached amendments to the Master and Increment II Development Orders for
the SEOPW Development of Regional Impact (Exhibit "A") are hereby approved.
Section 4. This Resolution shall be transmitted to Mr. Paul Darst at the Florida Department of
Community Affairs at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and Ms. Carolyn
Dekle at the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140,
Hollywood, Florida 33021.
Section 5. This Resolution shall become effective thirty (30) days after final reading and
adoption thereof. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
City of Miami Page 2 of 3 Printed On: 7i1/2005
File Number: 05-00622
Footnotes:
{1} This Resolution shall become effective as specified hereinâ–ş unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami
Page 3 of 3 Printed On: 7/1/2005