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HomeMy WebLinkAboutR-05-0573City of Miami Legislation Resolution: R-05-0573 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00621 Final Action Date: 9/22/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, CONCERNING THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA PREVIOUSLY APPROVED BY RESOLUTION NO. 81-343; AUTHORIZING AN NOTICE OF PROPOSED CHANGE APPLICATION PROVIDING FOR 1,500,000 SQUARE FEET OF OFFICE SPACE; AUTHORIZING AN EXTENSION OF THE DEVELOPMENT TIME TO 2009; APPROVING THE DEVELOPMENT OF REGIONAL IMPACT SUBJECT TO THE CONDITIONS ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE MIAMI PLANNING ADVISORY BOARD, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT; PROVIDING FOR A TERMINATION DATE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, on April 23, 1981, the City of Miami approved a Development Order to Miami -Dade County for the Downtown Government Center; and WHEREAS, said Development Order expired in 1987; and WHEREAS, Miami -Dade County has identified new projects for the Downtown Government Center including but not limited to the Children's Courthouse; and WHEREAS, Miami -Dade County (APPLICANT) has submitted an application for Notice of Proposed Change (NOPC) to the Downtown Government Center DRI to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami, pursuant to F.S. 380.06 (2004); and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 15, 2005, following an advertised public hearing, adopted Resolution No. PAB 61-05 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the NOPC to the Downtown Government Center DRI as attached hereto; and WHEREAS, on July 28, 2005, the City Commission conducted a public hearing pursuant to F.S. 380.06 (2004); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council and the Miami Planning City of Miami Page 1 of 3 File Id: 05-00621 (Version: 1) Printed On: 12/1/2016 File Number: 05-00621 Enactment Number: R-05-0573 Advisory Board, and each element required to be considered by F.S. 380.06 (2004) and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the issuance of the proposed NOPC Downtown Government Center Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue an NOPC Downtown Government Center Development Order as hereinafter set forth: NOW, THEREFORE, BE IT RESOLVED BT 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 Findings of Fact and Conclusions of Law are made with respect to the Project as described in the NOPC Downtown Government Center Development Order for Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to an area encompassing that area within the City of Miami under the jurisdiction of Miami -Dade County with the exception of Parcel C-3, as more particularly described in Exhibit "A". Section 3. The NOPC Downtown Government Center Development Order for Downtown Miami (Exhibit "A"), is hereby granted and issued. Section 4. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Increment II Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, FI. 32301, The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and the Downtown Development Authority, Miami, Florida 33132. Section 5. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the NOPC Downtown Government Center Development Order for Downtown Miami (Exhibit "A"). Section 6. In the event that any portion or section of this Resolution or the NOPC Downtown Government Center Development Order for the Downtown government Center (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the NOPC Downtown Government Center Development Order for the Downtown Government Center (Exhibit "A"), which shall remain in full force and effect. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 2 of 3 File Id: 05-00621 (Version: 1) Printed On: 12/1/2016 File Number: 05-00621 Enactment Number: R-05-0573 Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar 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. City of Miami Page 3 of 3 File Id: 05-00621 (Version: 1) Printed On: 12/1/2016