HomeMy WebLinkAboutR-05-0480City of Miami
Legislation
Resolution: R-05-0480
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00622 Final Action Date: 7/28/2005
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 II 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 II 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; 6) ALLOW FOR THE SUBMITTAL
OF A BIANNUAL STATUS REPORT PURSUANT TO SECTION 380.06(18),
FLORIDA STATUTES (2004), RATHER THAN AN ANNUAL REPORT; AND 7)
CORRECT SCRIVENER'S 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 II 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 2 File Id: 05-00622 (Version: 11 Printed On: 11/23/2016
File Number: 05-00622 Enactment Number: R-05-0480
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 II 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 II 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}
Footnotes:
{1} This Resolution shall become effective as specified herein 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 2 of 2 File Id: 05-00622 (Version: 11 Printed On: 11/23/2016