HomeMy WebLinkAboutMarch 22, 2005 Intent Letter & Supporting Docs•
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BERCOW & RADGLL
ZONING. LAND USE ANU ENVIRONMENTAL LAW L�yl L;� i4 ;R 2L+ 1: 4.
DIRECT LINE: (305) 377-6227
E-Mad; MTapanes@BRZoningLaw.com
VIA HAND DELIVERY
March 22, 2005
Ms. Lourdes Slazyk
Director, Planning Department
City of Miami
444 SW 2nd Avenue
3rd Floor
Miami, Florida 33130
Ms. Teresita Fernandez
Executive Secretary, Hearing Boards
City of Miami
444 S.W. 2nd Avenue
7th Floor
Miami, Florida 33130
Re: Southeast Overtown Park West
First Amended Notification of Proposed Change (NOPC) to
Development of Regional Impact Development Orders
Dear Ms. Slazyk and Ms. Fernandez:
This law firm is special counsel to the City of Miami Community
Redevelopment Agency_ On behalf of our client, we are pleased to submit a First
Amended Notification of Proposed Change to a previously approved
Development of Regional Impact (DRI) Development Order, seeking
modification to the Master and Increment II Development Orders for the
Southeast Overtown/Park West DRI. This First Amendment to the previously
submitted NOPC corrects a typographical error as well as provides for submittal
of a biennial status report rather than an annual status report pursuant to Section
380.06(18), Florida Statutes (2004).
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE, 305.374.5300 • FAX. 305.377.6222
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Ms. Lourdes SIazyk and Ms. Teresita Fernandez
March 22, 2005
Page 2
We look forward to working with you and your staff on this
matter. Should you have any questions regarding this application, please do not
hesitate to call our office.
Sincerely yours,
sa Tapan- ahues
Enclosures
CC: Jorge L. Fernandez, Esq.
Mr. Frank Rollason, Executive Director
Ms. Carolyn Dekle, SFRPC
Mr. Javier Betancourt, SFRPC
Mr. Paul Darst, DCA
Ms. Karen McGuire, FDOT
Ms. Cathy Sweetapple
Mr. Rob Curtis
Mr. Paul Lambert
Jeffrey Bercow, Esq.
BERCOW & RADELL
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FORM RPM-BSP-PROPCHANGE-1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE MANAGEMENT
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
(850) 488-4925
NOTIFICATION OF PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACTS (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed
change to a previously approved DRI be made to the local government, the regional
planning council, and the state land planning agency according to this form.
1. I, Jeffrey Bercow, the undersigned authorized representative of the City of Miami
Community Redevelopment Agency hereby gives notice of a proposed change to a
previously approved Development of Regional Impact in accordance with Subsection
380.06(19), Florida Statutes. In support thereof, I submit the following information
concerning the Southeast Overtown/Park West development, which information is true
and correct to the best of our knowledge. I have submitted today, under separate cover,
copies of this completed notification to the City of Miami, to the South Florida Regional
Planning Council, and to the Bureau of State Planning, Department of Community
Affairs.
March 22, 2005
Je '-y./:er rw,'Aut `srized Agent for
Cii of r iami Community Redevelopment
A _ency
2. Applicant (name, address, phone).
ID
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City of Miami Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, FL 33131
Phone: (305) 579-3324
Fax: (305) 372-4646
Attn: Frank Rollason, Executive Director
3. Authorized Agent (name, address, phone).
Jeffrey Bercow, Esq.
Melissa Tapanes Llahues, Esq.
Bercow & Radell, P.A.
Wachovia Financial Center, Suite 850
200 South Biscayne Boulevard
Miami, Florida 33131
Phone: (305) 374-5300
FAX: (305) 377-6222
4. Location (City, County, Township/Range/Section) of approved DRI and Proposed
change.
See attached legal description Exhibit "A".
5. Provide a complete description of proposed change. Include any proposed changes
to the plan of development, phasing, additional lands, commencement date, build -
out date, development order conditions and requirements, or to the representations
contained in either the development order or the Application of Development
Approval.
Indicate such changes on the project master site plan, supplementing with other
detailed maps, as appropriate. Additional information may be requested by the
Department or any reviewing agency to clarify the nature of the change or the
resulting impacts.
The Applicant is requesting the following changes:
A. Request:
To roll-over the unused portion of Increment I approved development into Increment II by
deleting 41,645 square feet of retail use in Increment I and simultaneously increasing
Increment II retail development credits by 41,645 square feet. The approved, proposed
and remaining development credits for each use are shown in the table below.
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SOUTHEAST OVERTOWN/PARK WEST DRI
Status of Increments I and II
Proposed Change to Increment II
Res/Condo
Hotel
Office
Retail
Attractions
Units
Units
Sq. Ft.
Sq. Ft.
Seats
Increment I Approved
2,000
0
166,000
95,400
8,000
Increment I Remaining
0
0
0
41,645
0
Increment II Approved
2,000
500
337,000
71,700
8,000
Increment II Remaining
(before €Mange)
1,855
416
6,356
71,700
8,000
Increment II
Proposed Change
NONE
NONE
NONE
41,645
NONE
Increment II Totals
(after change)
1,855
416
6,356
113,345
8,000
Rationale:
Resolution No. 01-1159 extended the buildout date for Increment I from 1997 to March
21, 2005. As of March 1, 2005, 41,645 square feet of retail use in Increment I has not
been utilized. However, as the Lambert Advisory analysis provides, the 41,645 square
feet of retail use approved in Increment I will be necessary to capture the expected growth
in demand from additional residents, office workers, and hotel guests during Increment II.
The Lambert Advisory analysis is attached hereto as Exhibit B.
B. Request:
To modify the table describing the land use and increments in The Southeast
OvertownlPark West Increment II Development Order and Major Use Special Permit
(Exhibit A in Resolution 92-609) in order to reflect the proposed change.
From:
Increment I
Increment II
Increment III
Buildout —
Buildout —
Buildout —
Land Uses
(1997-2005)
(1992-2010)
(1999-2007)
Totals
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Office
(gs0
166,000
337,000
500,500
1,003,500
Commercial
(gsf)
95,400
71,700
90,600
257,700
Hotel
(rooms)
0
500
600
1,100
Residential
(units)
2,000
2,000
5,000
9,000
Attractions/
Recreation
(seats)
8,000
8,000
0
16,000
To:
Land Uses
Increment I
Buildout —
(1997-2005)
Increment II
Buildout —
(1992-2010)
Increment III
Buildout —
(1999-2007)
Totals
Office
(gsf)
166,000
337,000
500,500
1,003,500
Commercial
(gsf)
53,755
113,345
90,600
257,700
Hotel
(rooms)
0
500
600
1,100
Residential
(units)
2,000
2,000
5,000
9,000
Attractions/
Recreation
(seats)
8,000
8,000
0
16,000
Rationale: This request reflects the proposed development program for Increment 11.
C. Request:
To revise the definition of "Net New Development" found in The Southeast
Overtown/Park West Increment II Development Order and Major Use Special Peiiuit
{Exhibit A in Resolution 92-609).
From:
Any construction or reconstruction which will result in a net increase,
within any "Parcel of Land," of residential dwelling units, hotel rooms,
seats in attractions/recreation facilities or gross square footage for office,
government office, retail/service, convention, wholesale/industrial or
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institutional uses. Land uses to be removed by demolition of a building or
structure may be credited against the proposed new land uses for purposes
of calculating the net increase, if the Planning Director determines that
there was a valid Certificate of Occupancy existing on the effective date of
this Development Order for the land uses to be demolished. If a change of
land use is proposed, the Planning Director may credit the prior land use
against the proposed land use based upon equivalent impacts as measured
by peak hour vehicle trip generation. Any activity which has on the
effective date of this Development Order a valid building permit or any
currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New
Development any small development under 10,000 square feet in floor
area, if he finds that such development would have no regional impact as
measured by peak hour vehicle trips.
Any construction or reconstruction which will result in a net increase,
within any "Parcel of Land," of residential dwelling units, hotel rooms,
seats in attractions/recreation facilities or gross square footage for office,
government office, retail/service, convention, wholesale/industrial or
institutional uses. Land uses to be removed by demolition of a building or
structure may be credited against the proposed new land uses for purposes
of calculating the net increase, if the Planning Director deteinlines that
there was a valid Certificate of Occupancy existing on the effective date of
this Development Order for the land uses to be demolished. If a change of
land use is proposed, the Planning Director may credit the prior land use
against the proposed land use based upon equivalent impacts as measured
by peak hour vehicle trip generation. Any activity which has on the
effective date of this Development Order a valid building permit or any
currently effective development order (as indicated in Exhibit C attached
hereto) shall not be included as Net New Development. The Planning
Director may exclude from Net New Development any small development
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under 10,000 square feet in floor area, if he finds that such development
would have no regional impact as measured by peak hour vehicle trips.
Rationale: This request will clarify that the Development Order does not govern
previously approved developments of regional impact located within the Southeast
Overtown/Park West Development of Regional Impact.
D. Request:
To modify the definition of "Total Allowable Development" found in The Southeast
Overtown/Park West Increment II Development Order and Major Use Special Permit
(Exhibit A in Resolution 92-609).
From:
To:
The quantity of Net New Development for which Certificates of
Occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development
Order, as may be modified pursuant to F.S. 380.06(19) (1991), and which
shall be measured by the following land uses:
Office (sq. ft.) 337,000
Retail/Service (sq. ft) 71,700
Hotel (rooms) 500
Residential (units) 2,000
Attractions (seats) 8,000
The City may permit simultaneous increases and decreases in the above
described land use categories, provided that the regional impacts of the
land uses as changes will not exceed the adverse regional impacts of the
land uses in lncrernent II of the Project as originally approved, as
measured by total peak hour vehicle trips.
The quantity of Net New Development for which Certificates of
Occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development
Order, as may be modified pursuant to F.S. 380.06(19) (1991), and which
shall be measured by the following land uses:
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Office (sq. ft.) 337,000
Retail/Service (sq. ft) 113,345
Hotel (rooms) 500
Residential (units) 2,000
Attractions (seats) 8,000
The City may administratively permit simultaneous increases and
decreases in the above described land use categories, and without need of
filing for Notification of Proposed Change, provided that the regional
impacts of the land uses as changes will not exceed the adverse regional
impacts of the land uses in Increment II of the Project as originally
approved, as measured by total peak hour vehicle trips. Exhibit D includes
the equivalency matrix upon which simultaneous increases and decreases
in land use categories will be made.
Rationale: This request reflects the proposed development program for Increment II, as
well as provides the City with flexibility while maintaining the same level of impact on
public facilities.
E. Request:
To modify Finding of Fact G in The Southeast Overtown/Park West Increment II
Development Order and Major Use Special Permit (Exhibit A in Resolution 92-609).
From:
The project entails the redevelopment of 209 acres of prime real estate
adjacent to the Miami Central Business District for new residential, office
and commercial activity. The CADA proposes Net New Development
within the Project Area for the land uses, quantities and phases defined
herein as Total Allowable Development. As originally proposed in the
Master Development Order (Resolution 88-110), Increment II of the
project (1994-1999) consisted of the following:
Element Area
Office (gross sq. ft.) 205,000
Retail/Service (gross sq. ft.) 37,300
Hotel (rooms) 500
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Residential (units) 2,000
Convention (gross sq. ft.) 310,000
Pursuant to certain changes in market conditions and to the proposed
location of a performing arts center within the boundaries of the DRI, the
Master Development Order and the Increment I Development Order are
being amended concurrently with this development order, to reflect the
following land use categories for the revised time frame 1992 to 1999:
Element Area
Office (sq. ft.) 337,000
Retail/Service (sq. ft.) 71,700
Hotel (rooms) 500
Residential (units) 2,000
Attractions (seats) 8,000
The Master Development Order made provision for "the simultaneous
increases and decreases between the land use categories (sic), provided
that the regional impacts of the land uses as changed will not exceed the
adverse regional impacts of the Project as originally approved, as
measured by total peak hour vehicle trips." The substitution of additional
commercial development and attractions development for convention
development does not exceed the total trips generates by the original
configuration proposed by the Master Development Order.
The project entails the redevelopment of 209 acres of prime real estate
adjacent to the Miami Central Business District for new residential, office
and commercial activity. The CADA proposes Net New Development
within the Project Area for the land uses, quantities and phases defined
herein as Total Allowable Development. As originally proposed in the
Master Development Order (Resolution 88-110), Increment II of the
project (1994-1999) consisted of the following:
Element Area
Office (gross sq. ft.) 205,000
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Retail/Service (gross sq. ft.) 37,300
Hotel (rooms) 500
Residential (units) 2,000
Convention (gross sq. ft.) 310,000
Pursuant to certain changes in market conditions and to the proposed
location of a performing arts center within the boundaries of the DRI, the
Master Development Order and the Increment 1 Development Order are
being amended concurrently with this development order, to reflect the
following land use categories for the revised time frame 1992 to 2010:
Element Area
Office (sq. ft.) 337,000
Retail/Service (sq. ft.) 113,345
Hotel (rooms) 500
Residential (units) 2,000
Attractions (seats) 8,000
Rationale: This request reflects the proposed development program for Increment I1.
P. Request:
To add Paragraph 21 to The Southeast OvertownfPark West Increment II Development
Order and Major Use Special Permit (Exhibit A in Resolution 92-609).
21. March 21, 2010, the buildout date for this project, is hereby established as
the date until which the City agrees that the Southeast Overtown/Park West
Development of Regional Impact shall not be subject to down -zoning, unit
density reduction, or intensity reduction, unless the City can demonstrate that
substantial changes made by the developer in the facts or circumstances
underlying the approval of the DRI development order have occurred, or that
the DRI development order was based on substantially inaccurate
information provided by the applicant, or that the change is clearly essential
to the public health, safety, or welfare.
Rationale: This request establishes, pursuant to state law, that the buildout date is also
the date until which the project shall not be subject to downzoning or other similar
actions.
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G. Request:
To amend the Master Development Order to allow for the submittal of a biennial status
report pursuant to Section 380.06(18), Florida Statutes (2004), rather than an annual
status report.
Rationale:
Chapter 380, Florida Statutes (2004), was amended to allow for a biennial status report
where an annual status report was previously required.
6. Complete the attached Substantial Deviation Determination Chart for all land use
types approved in the development. If no change is proposed or has occurred,
please indicate no change.
The Substantial Deviation Determination Chart is attached hereto as Exhibit C.
7. List all the dates and resolution numbers (or other appropriate identification
numbers) of all modification or amendments to the originally approved DRI
development order that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any info along with the information
not already addressed in the Substantial Deviation Chart). Has there been a change
in local government jurisdiction for any portion of the development since the last
approval or development order was issued? If so, has the annexing local government
adopted a new DRI development order for the project?
Master Development Order:
The Master Development Order for the SEOPW DRI was approved on February 11, 1988
by City of Miami Commission Resolution NO. 88-110.
Increment I Development Order:
The Increment I Development Order was also approved by the City Commission on
February 11, 1988. The Increment I Development Order approved the Increment I land
uses and gross square footage as described in the Master Development Order.
Increment II Development Order:
On September 24, 1992, the Miami City Commission approved Increment II of the DRI
(Resolution No. 92-609). The Increment II Development Order started the Increment in
advance of the original 1994 commencement date, and amended the proposed uses
originally anticipated in the Master Development Order. The modification eliminated
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"Convention" gross square footage, and added 8,000 "Attractions" seats as well as
additional "Office" space to Increment II.
Subsequent Amendments:
In 1992 and 1993 there were three modifications to the SEOPW DRI. Resolution No. 92-
607 changed the Master Development Order's phasing schedule for Increment I by
amending it to 1988 through 1997 (instead of 1988 through 1994), and amended the
Master Development Order's phasing schedule for Increment II to 1992 through 1999
(instead of 1994 through 1999). Resolution No. 92-608, adopted on the same date,_
changed the phasing schedule of Increment I and Increment II to correspond with the
amended Master Development Order, and changed Increment I land uses and intensities
as follows: increased peiinitted retail development from 66,200 to 95,400 gross square
feet; eliminated convention use; and added 8,000 "Attractions" seats. In 1993,
Resolution No. 93-217 amended Condition No. 4 of the Increment II Development Order
concerning the construction of a portion of NW 1 S' Avenue and the potential reallocation
of the Applicant's proportional share of certain right-of-way acquisition dollars.
In December 1999, the City Commission adopted Resolution No. 00-289, which extended
the buildout date for Increment II by 4 years and 11 months, to November 30, 2004.
On October, 25, 2001, the City Commission adopted Resolution No. 01-1159.
Resolution No. 01-1159 accomplished the following: 1) substituted the City of Miami
Community Redevelopment Agency for the City of Miami as developer; 2) extended the
buildout date for Increment I from 1997 to March 21, 2005; 3) extended the buildout date
for Increment II to March 21, 2010, and the termination date to March 21, 2015; 4)
extended the buildout date for the Master Development Order to March 22, 2013, and
established an expiration date of December 31, 2017; 5) extended time limitations for
Conditions 5 and 6 of the Master Development Order; 6) clarified certain language of the
Master Development Order; and 7) allowed "telecommunications hub" as a permitted use
within the Master Development Order.
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8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site
subsequent to the original approval or issuance of the DRI development order.
Identify such land, it size, intended use, and adjacent non -project land uses within
1/4 mile on a project master site plan or other map.
The applicant has not purchased or optioned any lands within 1/4 mile of the original DRI
site.
9. Indicate if the proposed change is less than 40% (cumulatively with other previous
changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes.
Do you believe this notification of change proposes a change which meets the
criteria of Subparagraph 380.06(19)(e)2., F.S.?
Yes No X
The proposed change is less than 40% (cumulative with other previous changes) of any
criteria listed in Paragraph 380.06(19)(b), Florida Statutes (2004). This Notice of
Proposed Change does not propose a change meeting the criteria in Subparagraph
380.06(19)(e)2, Florida Statutes (2004), because the Southeast Overtown/Park West
Development of Regional Impact Development Order was rendered pursuant to Section
380.06(25), Florida Statutes (2004).
10. Does the proposed change result in a change to the buildout date or any phasing
date of the project? If so, indicate the proposed new buildout or phasing dates.
No.
11. Will the proposed change require an amendment to the local government
comprehensive plan?
No.
Provide the following for incorporation into such an amended development order,
pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code:
12. An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI or
development order conditions.
Not applicable.
13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being
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proposed to be deleted or added as an amendment to the development order. This
language should address and quantify:
a. All proposed specific changes to the nature, phasing, and build -out
date of the development; to development order conditions and
requirements; to commitments and representation in the Application
for Development Approval; to the acreage attributable to each
described proposed change of land use, open space, areas for
preservation, green belts; to structures or to other improvements
including locations, square footage, number of units; and other major
characteristics or components of the proposed change.
See responses to Question 5, above_
b. An updated legal description of the property, if any project areas
is/has been added or deleted to the previously approved plan of
development.
Not applicable.
c. A proposed amended development order deadline for commencing
physical development of the proposed changes, if applicable.
Not applicable; physical development has begun.
d. A proposed amended development order termination date that
reasonably reflects the time period required to complete this
development.
Not applicable.
e. A proposed amended development order date until which the local
government agrees that the changes to the DRI shall not be subject to
down -zoning, unit density reduction, or intensity reduction, if
applicable.
March 21, 2010.
f. Proposed amended development order specifications for the annual
report, including the date of submission, contents, and parties to
whom the report is submitted as specified in Subsection 9J-2.05(7),
F.A.C.
Not applicable.
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