HomeMy WebLinkAboutM-75-0349CM' O' MIA"ail, FLORIDA
INTeI OF F ICc MEMORANDUM
TO. F lonorable Members of the
City Commission
I -Rom
!�V
P. . Andrews
City Manager
CATS.
RErFF<LNCES.
GNcL.o`.3uREES.
APR 1 0 1975
FILr.
Action Taken by the South Florida
Regional Planning Council on
Claughton Island
On April 7th, 1975, the South Florida Regional Planning Council dismissed their
appeal to the Florida Land and Water Adjudicatory Commission based upon;
EXHIBIT "B" a memorandum of understanding between the City of Miami and the
Claughton Island Developers and; EXHIBIT "C" a stipulation of agreement to
condition development order and dismiss appeal. For your additional information,
attached is the City of Miami development order and a summary table that illustrates
what impact the stipulation of agreement and memorandum of understanding has
upon the City of Miami development order. The aforementioned legal documents
prepared by the South Florida Regional Planning Council in no way changed the
City of Miami development order, it sirnply clarified and added detail to the City's
development order.
I recommend that the Miami City Commission authorize the execution of this
memorandum of understanding and concur with the stipulation of agreement so
that the Claughton Island development program can move forward.
Attachments:
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
- Summary Table Impact of Stipulation of Agreement
and Memorandum of Understanding
- Memorandum of Understanding between City of Miami and
Claughton Island developers
- Stipulation of Agreement to Condition Development Order
and Dismiss Appeal.
- City of Miami Development Order
EXHIBIT "A"
Summary Table
Impact of Stipulation of Agreement and Memorandum of Understanding
The following table compares the action of the South Florida Regional Planning
Council with the Development Order as issued by the City of Miami:
City of Miami Development Order
Transportation
South Florida Regional Planning Council
Staff Recommendations
Maximum exiting peak hourly 1.
traffic limited to 800 vehicular
trips. Survey required by Dade
County Department of Traffic and
Transportation prior to issuance
of each new building permit, to
determine the existing peak hour
traffic and probable effect that the
proposed building and those already
under construction will have on the
maximum limit. No permit shall
be issued if it's determined that the
maximum peak hour traffic will be
exceeded.
Page 1 of
Same as the City's Development Order
with the following additions:
a) Agreement that any application for a
buitdi ng pert -nit or development permit
which would authorize any increase be-
tween the 800 exiting vehicles maximum
constitutes a substantial deviation from the
Development Order.
b) Developer agrees to furnish South
Florida Planning Council copies of any
and all traffic surveys, traffic studies
and recommendations of the Dade County
DOTT relating to Claught.on Island fur-
nished to the developer and all information
provided by the developer to Dade County
DOTT or thy-• City of Miami.
c) Developer must notify South Florida
Planning Council of any additional trans-
portation techniques or facilities designed
to maintain the 800 exiting vehicular limit.
d) Developer recognizes its responsibility
to contribute to the cost of such additional
transportation systems or facilities which
are required to maintain the aforesaid
exiting vehicular trip limitation.
EXHIBIT A
KOC _'H r, i-: UT , Ct'N P
8575 NW 53 5i.,?<<'T, SU TE 2;1
Mt AMi, FLO' IU . 13165
TELEPHONE 305) 532--C35v'
Mr. Paul W. Andrews
City Manager
City of Miami
3500 Pan American Drive
P. O. Box 708
Miami, Florida 33133
DEPARTMENT OF TRAFFIC AND TRANSPORTATION
.:April 8, 1975
Re: Traffic Flow It .prcvements in the Eay Heights Area
Dear Mr. Andrews:
In response to the rectuest for a•p ocjram to reduce co .muter traffic
in the neighborhood between iJntk.._ Street and S.W. 17th Avenu
e, der we
have irvesti tee new po sibie , uti s.
.. �. Oi
1.) The re-clannelization of South Bayshore. Drive e froii'.
Sai�.ana Drive to Alatka Street should reduce the
tendency oE C!r .ivers turning right (southbound on
' Alatka r"1 Street. This
i� e� z t i Bayshore) onto 1a��.�. >at�� ,.. r._s c_.�:rn i �_on
will involve r.':arking a continuous left -turn bays to
provide storage for el iv'ei:s desiring to turn into
II:"maci_'.1ata School and Mercy hospital. This change
will eliminate the present free tight -turn that
drivers now use to enter Alatka Street when traffic
backs up from S.W. 17th Avenue on South Bayshore
Drive.
2.) The addition of pavement on S.W. 17th Avenue from
South Dixie Highway (U.S. 1) south approximately
125 feet. This improvement will provide a right-
tuxn lane which cw.L11 recuce the tendency of drivers
to turn ri ;h►L (northbound. o`! S.W. 17th Avenue) into
ro7c•"_'..`.C`e D:"_ e in order to '.ort-C'L:t the traffic � c —
i'i11 Soiitc
i.:•s..c'. l.'L�.,7i I-`.i...!_ka .r'.i :.? .. •i C! _'"1;lc:t'v ::i t. I-��, _.L f r`:
i.:
E.'.... i_C;ol.A_ -1
Tr C,01 juni.:...i:;:1 w..-'_'.:1 C' ?`.' C:_.. if 1.i.;-• -:'...?.
_. . .. ?..: ' 'u ' .
D;r. Paul c:, i`,r_ cw
P a c; 2
April 8►._� 7,.
These three s oF.s would completely C'et''r through traffic rror.
the flay Heights area as an alternate to South. Ems:', :?ore Drive and
South Dixie Highway. In our p_ 'iio? s communications, we have F rec-
ommended tha minor intersection wizien _ lq at S.W. l! th Avenue and
Eayshore Drive which would allow the continuation of two soot bound
lanes along Eayshore Drive through the l7th Avenue signalized in-
tersection. As this treats the problem directly and offers relief
not only to the neighborhood but to the larger community, we re-
state this as a fourth step. Changes which do not offer relief to
the traffic now on Eayshore Drive will only result in those drivers
attempting to find more ingenious and less desirable alternates to
what they consider an intolerable problem.
We are enclosing copies of our latest evaluation of traffic controls
in this area. This report was previously submitted to the Public
Works Director, Vincent E. Grimm, Jr. Please review these plans and
provide your comments as soon as possible. We are ready to act as
soon as we hear from you.
ELS : KAM: rw
cc - Mr. Vincent E. Gri:-r , Jr.
Very truly yours,
.=re L. S i mi
Director
1,
City of Miami Development Order South Florida Regional Planning Council
Staff Recommendations
2. Developer shall make provision
for a second bridge connection
at the north end of the Island.
Low Income Housing
1. Developer is required to provide
not less than 200 units of low
income housing on the Island.
2. This portion is clarified as follows:
North end of Claughton Island shall be so
designed and developed that in the event
a bascule bridge is constructed there
will be space available for such purpose.
(there is no requirement to dedicate land
for such purpose).
Low Income housing
1. Same as Development Order with the
following additions:
Pa iz e 2 of 3
a) Units shalt be provided no later than
February 12, 1985, and may be inter-
spersed throughout the Island.
b) Low income housing is defined by the
then current requirements published by
the Department of Housing and Urban
Development of the Federal. Government
in the Federal Register.
c) Low income units shall be offered for
rental, tease or sale to persons who do
nut exceed the criteria for low income
housing as described above.
d) Developer is not precluded from re-
ceiving funds from any local, state, or
federal government program which seeks
to provide or encourage construction and
maintenance of loN.v income housing.
e) Developer may construct more than the
minimum number of units required in a
schedule as desired as long as 200 units
are completed and available for occupancy
by February 12, 1985.
City of *Miami Development Order South Florida. Regional Planning Council
Staff Recommendations
Time Limit
1. None
1. Developer must commence construction
within three (3) years from the date of
final action by the Florida Land and
Water Adjudicatory Commission.
Pag(' 3 of 3
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:';i r:! DEVELr)`�;.1 _ NT
OF REGIC` \EJ ACT ON THE P no:'3,3 D D3 V LOP--
1.. ...� .L Ylc,!J 1 1V4111-1G9
PRO ER'_ i .S INC., FOR U.1PLAT ED CL>UGZITON
ISYL:_.D, LCC:1TE TNBISC.A��[.7�'i'tE'.i BAY AT TELE VOOT
OF S.E• 8.:!t SLR :� �T, AFTER Co:VDUC ING A� PUBLIC
HEA 1 I? C AS REQUIRED BY CI:.•\PT R 330 , 03 , rLO.? t.DA
ST T JTES c1a• D CITY OF i'•tIZ'. 1 ORDINANCE ACE NO, $ 2 3O,
AND COS;S TDERING THE REPORT AND P.ECCY, ENDATr0_i
OF THE a -ramEi cr.ORTDA REGIONAL
PLANNING
NNIN C i
AND THE PLA`'NIN3 ADVISORY BOAPD OF THE CITY OF
MTl_•!I, SUBJECT TO THE CO` D CTIO`_iS OF THE DEVELOP-
MENT ORDER ATTACHED HERETO AS -EXHIBIT "A"
WHERazS, the Miami Advisory Board, at its meeting
of December 18, 1974, Item ;?, following an advertised
hearing, adopted Resolution No. PAB 54-74 by a 6 to 0 vote
(one member &sent) recommending the issuance of a Develop-
ment Order with modifications; and
WHEREAS, the City Commission has considered the
report of the South Florida Regional Planning Council and
each element recuired to be considered by Chapter 380.06
t. _
7
of the Florida Statutes; and
. WHEREAS, the City Commission deems it advisable
and in the best interest of the general welfare of the City
of Miami, as more specifically set forth in the City -
Commission Meeting minutes of January 23, 3.975, incorporated
herein by reference, to issue a development order for the
development of
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impact as hereinafter set forth:
NO;';, TEZREF OR , ;3 IT RESOLVED BY THE COMMISSION
OF THE CITY OF _:I A:•II, FLO?ID\ :
Section 1. Thc, Development Order, attached
hereto es E::'C ib_ t "A"; ap:Y ov rt._; :•1L.Ch tuc1. 2.ric:.ttiors,
DcveI..o^.:'.nt
'.e ion:5 i IIInac_ t on the T7ropo!;ed Cievelop,:!r.
by Ecdw:;.ircl N. Clauc;hto-1, Jr.. and Prates Properties Inc.,
for Unn].tt :t,:.er1 Cleughtoe Island, located in Biscayne Say t
the foo'; of Sr?, 8t'i Street, after conducting „pt.?i..c.
• ;ram
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EXHIBIT D
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rocio.1 C1,.711- "3i;O,C)."1, Statt:.
and City of Ocdin2ncQ no, 8290, and con.siring thr,
re:pact ana ruco=2ndation oE the South Florida t";:gional
Planning Council an'd the Planninq Advisory Lord oF thr,
City of Miami,
and considering each e1em:=2nt required to
be considered in accol-dance with Chapter 380.05 of the
Florida Statutes, be and the same is hereby granted and
issued.
PASSED AND ADOPTED THIS 12. day of
FEBRUARY , 1975.
MAURICE A, FERRE
MAYOR
r 0 /9
..1
fl
AUTHERN • zf
..t2ITY-CLERT..< •••
PREPARED AND APPROVED BY:
,
macHEL A. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AM CORRECTNESS:
rtiv
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,4101IN S. LLOYD
LiCity Attornoy
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'i.` be . :C;.;;l iJ'. r3ll:::t i..o 33O_Q ( )
811aWL...I, of :.r,l' ; oL
has h :- -' d nt a t12:!= 1it_j ott t.'ri:oruar/ 12, 1'V/:5, u
d.:''.J A.'a,J_i:: `li. of r e'.) _o_IL' i i i:'Pact cons 1 c.in c. is a cO i :J aN: of
apart 2nts, ho c1 , o FE:ice b_ i l,i? ncls dial to be located
in the city of beginning in 1975.
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Pursuant to Sec'tion 330.0.5 and after du` consideration
.of The consistency Of this del.' 1 op ;ent with regulations, and
the regional_ report this body too's the following a t ,can:
Approval of this dovelo :r;on_t
di-t ions :
INTENSITY Or.' DE E O?:•t T
u1ject to the following cost--
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1. The South Florida Rca on.a1 Planning Council found
that a floor area -. tia of 3.24 with bonuses to 3.79
Was e::ces3 Jam. The Planning Department of the City of
Miami has rccc : anded a maximum floor area ratio of
2.4 (4,371,751 s^care feet) which includes bonuaes
for ba.vfroz_ easement and dedication of 3.5 acres for
pdblic park. The Planning Advisory Board has recommended
a floor area ratio of 2.5 which would permit 4•, 553, 07
square feet of r.'. ''e1opr rit, TI'M Planning 1 tv isor'y
Board furLhcar re::o ,,.-;lcneie i that a floor area rati3
of 3.24 which ,;ould per, -lit a dc.!vc1opmenL of 5,905,000
r t. w. , l l : -, , r t' e r
rctuar�. s.ci.:�. .,_)�.._.c. .�_. i:.�-�op_. i.�i�o i.i: ..h develop
C:'! ...'.!.r):).:; i.:i"., t _''^[l.. t:ll :!.ly ra": ini:4;:1.n_r a 3.5 a is a
Public p't_',i or the: wet ;;! o;r':` of the I.Tiiand,
'1'hc.: CC1;{?:'!'l.e;_. to 1 i r -i i i C?:'_i_ Law.` iccc,:n? on_ nr
the P10!14ltr!q i,.dvisor f i;O.F CL arc ap )=O:7riate fJ"
Clan h o!1
'i 3 . f r ::; units ',t _
Lot.,:1 !?:,. ').. 3
P� • -.•' n 1.- C : _.O:- as to t:h F:u
.trt�TtitCt C.�11t?t~t.t t;"t:i C:c_�.t.. ,._� _ �:t_.�Z '` ..
Of C7`.•`'�i1incj units aim.: ; tii :. ''tr': T they h noted .iZ�t'..
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k..ae pi- vi,•uE, i:oti;,..„ of the Island 01-3) pernitted 53
Units par acre. T
annir. D^parLrent of the Ci V
Of Miami and Lhe Planning Arivi: ory Board of i. �.'. C,f,='
Miami have reco::t:l:.! a:`:r._'d a F,l :_..tum ro 7id:2nta..ia1 de. sit.'__: o:_
58 dwelling units
i
acre, The City Coamtssion finds
that 73.6 units per acres or a total of 3,075 dwelling units.
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for the entire island ;;ill provide for reasonable in _er_sity .
NOM-RSIDE TI\L FLOOR
3. The develope recuestcd bz fci c
th-
Regional Planning Council a non-residential floor area of
1,400,000 square feet for office and 230,000 square feet
for retail use. The South Florida Regional Planning Council
'found that the request would impede the development of the
Central Business District as a major urban center_
Ttt!
developers request before the Planning Advisory Board and
L
. -• The City Co;r� ; sslon is for �.r200,000 square feet or: office
and 238,000 square f`ei for retail use. The Planning
Department has recommended 400,000 squqre feet for office
use and 100,000 square for retail use. The Planning
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Advisory Board has recommended a total non-residential area
ratio of 1,138, 477 squqre feet. The City Commission finds
that a total non-residential floor area of 1,200,000 will
,.,t
l ri
be appropriate for C?augi:to?t I,;lartc`?_ ( 1':, U tr,om^ > It >
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Cm C 1 L u,r.T t6n
tlac! f:ot.t.c'.i rr?1
as !'._tlr .`o~n in arll•.i_Ll i s 1. C.hLo_''Jl: 12 of the 'Cs° Rc u-
.. the -.
yi- PD1 D7."' tr1Ci., %7r"eha._ t•il.th the follow-
?12_j= yigat 01,1.i, Packer T iriuo.". Store,
7 t
Rooms or C..1 2s, Sao. tZ'':) Goods, T ^_a::er, Private Club o_
Lod'c e and other similar uses not operated for profit,
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duplicating can _ems` notincluding .vpesetting and lat�er
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press, Parking Lots as tenpoyry uses during ng coasiruczio:t
only, Food, Mat or vegetable Market, facilities for dis-- .
pensing gasoline, motor oil and incidental automotive
__sonic e c'losed as a portion of a parking facility
with no exterior advertising. The developer rearuests
the following additional uses - carpet, rug and floor
covering stogie; drive --in tellers; home an6liance store;
and furniture store. The South Florida Regional Planning
Council found that the project as presented by the cle--
veloper would be too competitive with the Central Business
District. The City Commission finds that the uses as
recomenced by the Planning Department and Planning
Advisory Board would be appropriate for an Island
developer Win._.
TR.rlN POTA ON
• 5. T In So-ath Florida f-esiona1 P1ari in; Council found
th:.t wr) 2I ft :!.! !_act o:, th2 tra t-ic
co.'!dit o:! ; ct : int.C:i:s.."ct.ions of Br:ic1:c.t 1 Avenue and
r.� •. f.� , C• i c Tito
t r. P , :i '� t fl c_. .> >.i;. i�i..l1 .� :T'�`C:t: ,. .�llt. City O�. 1•,7.�••.:li L .tic.Tli•L'!
op :!•tr;;., ;t i!:1'! tt:rl City of cli€;:n . .'1.zn:Zincl Ai.;vi 17j Q4 l
ilJvL; ‘-;!:-AL
-,�i'., i.,J r..11•" �lJ.,�1��.•.` jli:'.i'-:�._...r:�` il.tU �:�:♦
f': ' :: 1 n i7 .':,. ��.t t�� )• �r , r,'? i 4 i.C: i!:'7:�J �i 1..1.1'' i.
:i . C) r.1() t.' _? e
Th Cit.? { '
must } �•^ to ,.:i �.� t .! 1 1 ! 7 i c,nv; y n C3`_C"
i �.. �� .� l.. l . _ .. _. U �_ _ -: L
toinsure -h L this 1- t�..i: is i c :r
►il:�"�^-.�i' by CIC G i1!•!x
oorL._i!ciC)R s?:111 he co-z•,;.c`-2(_ prio to the 1ss_C_ �.:�..^�._
new hulloing oe_:•.. _ to 4.�G:'_,;'._ ?c-'. the e.:iti ng p2_'c=:
traffic and the 73rOb;Ji:7 �"Ffcct
that the proDO3ed bu_ L d•in a
L• i' under l 'ja `l �f'? '��- 1 ♦i-
and those ��.=c�.a..:.?�' 1.:. ....�_ construction t! �.�. �?u . G`_ ►__
licit.
No building oar=it shall izsu d if it is
mined by said su rve.y - r, e x, r••.•rpeaA. hour traffic will.
be exceeded. ins c'eveloner shall hake provision. f o= a.
second bridge connection ion at the north end of the iz anc
6. The South Florida Regional .Planning Council has,
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found a complete lac'_: of medium and moderate iaco .4 housing
units on the Island an therefore, recommended den? a1_ The
developer has offered to furnish 300 units of medium income
housing charging rental fed that does not include a figure
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for capitalized land value. T!' e developer ?'Opres need to
the Planning 1d iso_ r 3 ;era
that
the rental fo= these units
would bs approximately $300 n3r r•..ontn. The 'Planning advisory
Board found that this figure would be above the lot i i2co r.3
threshho?d. The Pl a;,,,_L j j.ad oil/ Board encourages the.
developer to provide at least 300 units for .T'•.'•.ed?..�-moderc !-..
income housing. The City Co mission finds that the develop-
ers h. 1.1. nro 'i.de 1o:. ?.nco'!e housing and equir s not
than 200 units on t.e.island to b2 develoned and in.
the Manner set forth by th2 c::.''.' '.).opar.
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t I : r l i :. I _ 1 i '. lit - l
011".
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1 1-i ii;.Ct it :; t7C1 y. C 4 y 1
Oa pi1.�ad lh7 ot
i1 ! L =1 /! J 7 L 7 L1 J J `;I . o1: 1h 1 .•1 ; jam{ G Th. C i \ v
ent..:iu rc:=1zs : ? '_'?'/l_': oD r to ►pi ovic1? v icet
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vistas thro- t;i.? Tslcnd from ch2
8. All Oth r portions of the development Plan as
present-!d by ha dave l oaer are hereby ratified and
approved subject to the limitations of the SPD—i
DISTRICT and the aPp l i.ca cion For deva:2ament ?�
approved by the City Commission.
9. The out Florida Regional Planning Council shalt
be furnished with all proposals and, updates of the
application for the de:/eio2Th2nt of re iorta1 impact.
CODi:S of this Order are to be sent immediately to
the Division of State P1 annin2, Depar tm.a t of Adntnistra—
tiort, 725'S. 3rcnou2h, Tallahassee: Florida, to the South
Florida Regional Planning Council, 1515 N.W. 167 Street,
Suite 4297 Miami, Florida, to Edward d M. C1aughton, Jr_,
34 S.E: Second „venue, Miami) Florida; and to Frates
Propertir'.s, ir%c-, :/7 Dt'; Davies and Pao, ciao° ";:ct ly
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COMMISS ia
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con‘assioy-ZN,
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ni RE:
CIAMITON TST;~ND y \ lid) r T2
OF MGICl L 11 A.Ci P �-r= 1FO?
DEVEZOPM.DiT IN 2'r. r: C.i''I"� C`'
DADE COUNTY, F LO."ID\
. i.: L..niCN O ' A=5:-rar TO
CONDITIC.Zi D G • ,'r ORDER KM
'_0 D18;.'•rISS �?PE•y t
Pursuant to a Pei r--i for. Arpea..l, dated March 10, 1975,
filets by to South F1nr-iel- Regional Planning Cou-nd.1 to the Florida.
Land and Water R3jt iicato±y Cscu.ssi.m, it is he_r y stipulated and
agreed that the l u ,-nL. Order, dated February 12, 1975, adopted
by the City of DLia:ti, Florida is a i d by all parties to this appeal
upon the follawir_g
A. The rellalCat. Cyr s all rot be consic.re as el-
ctrpa.ssing any change in tha imposed cehi ch constitutes a
substantial devia.-.ion i; t.9 Jt . of the D2ve1oreent Order, as
defenrine. by the City of the City of ri i a-rti., except as otherwise
providod in part C(2) her . Any such substantial deviation sh2i.3. re --
quire the filing, r viem and o: a separate application for develop-
ment a ,,. ava1 in acr-7rda re wtth Section 380.05, Florida. Statu't s.
B. The Devi? oiler has sulznitt. a t,��orandLrn of Urderstaz+.d ng
to be entered into by aria be .i. the City of P•!i- ati, and the Developer
which I' mrard. n is attc ed per zn and rade a part he. € as "Att.ac7rent
I." The Devee10 r ag s to be botr-d by the provisions thereof in order
to assure that a mirdr.vrt of 200 =Its, of housing as defined
therein 4,01 be provided t.a;hin 10 tears as an integral peat of the over -
ell b sen.E.re'1 ten I 1 and.
r d L :I.oprl?R�. �x�_c..•.. of C._...L"y:tlu.. :,_..._ .
C. P crrddir.g the I -elo�s:ent Or er is clarified
and conditio d a;follows;
(1) The D! : C c?� L"_? �-?? = 0rd_ r of the City o.E 2•LL mi rc wire s that
e.N.3 Ling pp:='.c lour traffic u t to 800 ti hicu r trips per hour.
C-i
EXHII3IT C
D.2ve1op7ent C der
oE Dadc.ACounty to CC:.:..a La an
,. :
art -tent of
Survey r ;10toa issuance
ofany w b 1 F.-.l d1. - rimi+:a:,i.: '• f..--t:- ^ t ••...7-e t
C � 7 � �. lt..... t.. �-�....t 'we CL l.�a� C�V :�� v� t.-n1r oL
Island. It• i rcc ' .';'1d y -ee City N4 a -has by
tr:er, tight end du�/ to the issuance of building p`suas for
ings on Clau ht Is1an at any ti--rean e.v ting
tr ffc s'-t:dy ca .0 E.d
� a t
by the b par �r ent of ' a, :_- -4 ation o.:
Dada County, Florida, that
t..iat
the f ,t_: 1.T:g rram].s':Zul-1as; bez.^.E'1.Ce-ed il`w lao `=' zG of LL1
building
(2) Any- appL trIca for a building pesnit or other developrent
pew; t which taould authorize. ar y - it cease beyrr..d the 800 exit-ing vehicles
r . . c onstitt.ttes a substantial deviation float the Development Cider.
Prior to such a lir n for b;' i 19 i rs3 pen -nits or other deltaic -grant pol-:its
w .ch %`Auld auhci e any i se beyond 800 xdt , y vehicles traxir`'t.."•I1 the
Developer rust seek and obtain i n an Arrerrent to r9 Developmlt Order in
accordance with part A of this Age .ant and pursuant to Section 380.06,
• Florida Stat .-rta es .
(3) Develcp= will provide to the Cat=icil copies of any and all
traffic surveys, traffic wadies and rec rerdations (including asst.a:ptiols
u on which such re rrardat? cry are ) of the Dep3rti'._Xnt of Trcnssporta-
tion of TAPcle. Cotrity rel.a g to Clauh t= Island fu.rn i sha3 to the Developer
by the Depar=ent of it-mnsaor atic n and shrall ftrnzh to,tr e Cot r.c 1 all
such infooratic n pmovi d_ by the Developer to •the - DeT tent of Tral pDrta•-
tioh of Dade Cournty = the City of
(4) In the err`h-w Dever! o er proposes to the City tiOna1
transportation tech „c't...5 cr facilities which %yliUld have the effc t of
assisting in the raintrarance of the eforo3r, d limitation on exita.rg
traffic, it %•ri11 notify the C^'.r:ci1 of x.ch plan within a reason. b1e tir:
prior to any City Cc ri ssicn r., was±.g t ar on so that tc,e Council ray sub-
mit to the City Crrr.issio t of the City of Miami currents and xr.cc-r endatior
thereon prior to rich l t ing. D?velop er wi1.1. at �ruch tin.na provide to the
Council copir.as of any :;t:Ch prcosa1 �1` �Li.tt<^d th th ' City and any reports
and r ndaticns prc-r ded to th1:aveloer as to f.R. ^h plans by the City of
1•1i rr-i Planning r t . t, Garde County I) in 'ent of a _ other
local =:'Teti,wr`!lta] ac,rey.
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F
1:
(5) It is understcod that if a4;.ticne1 transpartation
Systems (including but not1iiifr1 to an a;',-liticnal briCge, a rapid
transit syston, PR sysban, ehuttle bus system) are required in ordsat
to raintain the alorPeescribed exiting vehicular trip limitation, the
Developer recognises its responsibility to contribute to the cosh of
such additional transportation systers, hithtilDuld provide access to
Clai.iiirtOn Island. Nothing herein sh11 he construed as requiting the
Developer without its consent to contribute to the costs of suth addi-
tional transportation systems, unless the Developer proposes develoitrent
which uould exceed the 800 exiting vehicle limitation.
(6) The LL Order requires the Developer to rake. a
provision for a bascule bridge connection at the north end of C1a.u#1.ton
Island. The north end of CI mIghton Island shall be so designed and
developed and the buildings shal3 be oriented so that in the event a l'as-
cule bridge is constracted for the purpose of connecting the north lend, of
1±2 Tql;n::od to the Niami rainland there be space aliwi 1 P'ole for such.
purpose. Nothing in this section shall be construed as requiring flea cation
of any land for such purpose to the public, except as proviaerl in part
C(5) above.
D. In the event the o-0,ner/developer has not ccrrmnced physical
work of the lands enca=assed herein, then the Develczent Order will
expire three years from the date of final action by the Florida. Land and
Water P.djudical:xDry
E. All references herein to Florida Statutes Section 380.06 axe
intended to refer to said Statute as it is in effect at the -Ulm of the act
or occurrence conterrplaf*,,e1 by this Stipulation.
F. That upon execution of this Stipulation by all the parties,
the hearing ex-a:riner is rcque&-.- to reccrmend to the Florida land and
Water AdjFaicatory Commission that the 13-,!velopment Ordar be conditioned as
t forth atcrie and the appeal dicnlissea.
City of tlizTtii
Allan Milledge, Esquire
Attorney for South Florida
Pog4.onal Planning Council
CmInsel or DeveroPers, .rates Przpermies, Inc,
rd'%.,rare, N, Claughton, Jr, and Sular.7.. C1aughto4
PP.OPO3E3 DP2-.FT CF ORD1 OF LDERT-PAIOEG
BETTEEN THE CLAUSHTC:: ISLAI‘j3 INVESTOaS AND TE
17•"'-'" TvC0.`tz,'" OJSIG
THIS UnOER8TAnOING arrived at this day of
1975 by and between 1"12..AS PRO?EATIES,
INC., EDWARD N. CLAUGHTON, JR., and SUSAN CLAUGHTON MAT'IHE'aS,
hereinafter called "Investors", and the CITY OF MIAMI, FLORIDA,
hereinafter called "city".
W ITNESSET H:
WHEREAS, the City did on the 12th day of February, 1975
adopt that certain resolution, Resolution No. 75-135, which
sets forth the regulations for the development of that certain
property known as Claughton Island, being an Island of 44 acres
more or less located in Biscayne Bay at the mouth of the Miami
River in Dade County, Florida, and
WHEREAS, Section 6 of Exhibit "E" of said Resolution
requires the investors to provide not less than 200 units of
low-income housing on Claughton Island as a part of the overall
development, to be developed and rented in-theMa:nnertet-forth
by the investors, and
WHEREAS, the City and the Investors are desirous of
clarifying the intent of the aforesaid provision and assuring
that the Investors will appropriately carry out the intent of
said section.
VOW, THEREFORE, the parties understand that the
Development Order provides as follows:
1. The Investors shall provide not less than 200 units
of low-income housing as hefeinalter-defined na.later-thzin-
February 12, 1985. \Said units nay be interspersed throughout
the areas of the Claughton island nevelonment designated on
the Developm9nt Plan for resid,,ntial units in accordance with
the aforesaid Resolutioa 75-135, and may be provided by the
Developer at such tines, and in such numbers and in such
manner as the Investors desire, consistent with the Development
Order.
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X.T-103IT 13
•
2.
1, Mean
residential Units which are available for rent, lea
sale and purchase at th , ' ' rt of the Investors,
rental, lease or salei 5
. .
.�G.�.0 � meeting ... 3:. 11 the minimum standards
for low -.income housing as established by the then current
requirements published by Lie Department of Housing and
Urban Develop: snit of the Federal Government in the Federal:
Register.
3, The lo-4-income units described herein shall only
be offered for rental-, lease or sale to persons who r..eet
and do not exceed the criteria for low-income individuals
prescribed by the regulations in effect at thA time of such
rental, lease or sale prescribed by the Deparmeat of Eousing
and Urban Develo Want and published in -the most current issue
of the Federal Register.
h. The Investors' obligation pursuant to this
understanding is to provide the minimum number of low-income
housing units required herein. However, the Investor is not
hereby prevented from participating in or receiving any funds
frcn any local,state ate or federal government program which seeks
to provide or encourage the construction and maintenance of
1 ow-incoms. housing.
5. Nothing herein shall be construed as restricting the
investor from developing or constructing more than the minimum
number of units required, nor shall it be construed as requiring
any particular schedule for the construction of said units so
long as not less t^a i. 200 of such units are co:apleted and
available for occupan v by February 12, 1985. This Memorandum
is :solely for the auroose of clarifying the meaning and intent
of the parties as sit forth by all parties at the time the
aforesaid Resolution No. 75-1-3 i was passed by the city of Miami..