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HomeMy WebLinkAboutR-01-1159J-01-756 10/1.8/01 0 RESOLUTION NO. JI�� A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE SOUTHEAST OVERTOWN PARKWEST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDERS (RESOLUTION NOS. 88-110 AND 88-111, ADOPTED FEBRUARY 11, 1988, AS AMENDED, FOR THE SOUTHEAST OVERTOWN/PARK WEST AREA OF THE CITY OF MIAMI, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", BY AMENDING THE DEVELOPMENT ORDERS IN ORDER TO 1) SUBSTITUTE THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE CITY OF MIAMI AS THE DEVELOPER; 2) EXTEND THE BUILDOUT DATE FOR INCREMENT I FROM 1997 TO MARCH 21, 2005; 3) EXTEND THE BUILDOUT DATE FOR INCREMENT II TO MARCH 21, 2010, AND THE TERMINATION DATE TO MARCH 21, 2015; 4) EXTEND THE BUILDOUT DATE FOR THE MASTER DEVELOPMENT ORDER TO MARCH 22, 2013 AND ESTABLISH AN EXPIRATION DATE OF DECEMBER 31, 2017; 5) EXTEND TIME LIMITATIONS FOR CONDITIONS 5 AND 6; 6) TO CLARIFY CERTAIN LANGUAGE; AND 7) TO ALLOW "TELECOMMUNICATIONS HUB" AS A PERMITTED USE WITHIN THE DEVELOPMENT ORDER; FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380, FLORIDA STATUTES (1997); AND THAT THE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. 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, 'A T T ACCuI � 'Cui COMMSSION =TING OF 0 rT `Jw �� ae 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 Resolution No. 93--217 approving the Increment II development order for the Southeast Overtown/Park West Development of Regional Impact; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18, 2001, following an advertised public hearing, adopted Resolution No. PAD -69-01 by a vote of eight (8) to zero (0) RECOMMENDING APPROVAL of the proposed amendments to the Master, Increment I and Increment II Development Orders for the Southeast Overtown Park West Development of Regional Impact with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1993), on June 7, 2001, the City Of Miami 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 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 Page 2 of 4 • 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 Increment II Development Order 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The proposed amendments to the Master Increment I and Increment II Development Orders for the Southeast Overtown Park West Development of Regional Impact, (see attached "Exhibit A") 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 (Supp. 1993). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendments to the Master Increment I and Increment II Development Orders for the SEOPW Development of Regional Impact ("Exhibit A") are approved. Section 4. This Resolution ,shall become effective immediately upon its adoption and signature of the Mayor'/ 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. Page 3 of 4 j 1 0 0 PASSED AND ADOPTED this 25th day of October 1 2001. JOE CAROLLO, MAYOR in accordance 'mit kl�,irid Se C. 2-�' '. pd!d not indiu�w approv,11 Ot this 1,90skatiorn h,,,' bf-x1,0rr10s 0VOCtIVO mprding sarno, wkho�.,', '66U ATTEST; jan, GitV Clark WALTER J. FOEMAN, CITY APPRO7 AS TCS FORMD CORRECTNESS: �TTORNEY 'hd 6 0 30 Page 4 of 4 • 0 Exhibit "A" Master Development Order Conditions FROM: 27. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 31, 2007, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only be modified in accordance with F.S. 380.06 (19) (c) (1987) . TO: 27. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be 9eeeffibe— , -zGT March 22, 2013, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only be modified in accordance with F.S. 380.06 (19) (c) (1987) . The expiration date for the development order shall be 2017. Increment II Conditions FROM: 4. Complete the construction of NW lot Avenue from NW 10th Street to NW 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for South East Overtown/Parkwest - Increment 11 will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31, 1998 TO: 4. Complete the construction of NW lot Avenue from NW 10th Street to NW 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. ji–155 a. The date when all which have been Overtown/Parkwest more than a total as estimated base Exhibit 2 herein; 0 the certificates of occupancy n issued for South East - Increment II will generate of 818 peak hour trip ends, d on trip rates identified in b. Bei c— _1, 3:998 March 21, 2010. FROM: 6. Conduct air quality modeling of carbon monoxide impact. The air quality modeling shall follow Florida Department of Environmental Regulation guidelines and shall: a. be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. include the following intersections: NE 21st Avenue/NE 5th Street; and NE 2nd Avenue/NE 5th Street; C. be submitted by June 30, 1999, in detail analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. TO: 6. Conduct air quality modeling of Carbon monoxide impact. The air quality modeling shall follow Florida Department of Environmental Regulation guidelines and shall: a. be based on actual 2005 traffic counts for the intersections listed in 6.b. below; b. include the following intersections: NE 21't Avenue/NE 5th Street; and NE 2nd Avenue/NE 5th Street; C. be submitted by June 30, 2006, in detail analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. FROM: 12. Establish the termination date for completing development as November 30, 2004, provided that the Applicant, its successors and assigns, complies with Condition 15, herein. The s 0 termination date may only be modified in accordance with Section 380.06(19)(c), F.S. TO: 12. Establish the termination date for completing development as Nevember ^,2004 March 21, 2015, provided that the Applicant, its successors and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06(19) (c), F.S. FROM: 13. Establish an expiration date for the development order. TO: 13. Establish an expiration date for the development order as December 31, 2017. Definitions in Master, Increment 1, and Increment II Development Orders FROM: Total Allowable Development: 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 changed 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. TO: Total Allowable Development: 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 changed 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. Furthermore, "telecommunications hubs" are a permitted use that may be substituted for any permitted land use based upon equivalent impacts as measured by peak hour vehicle trip generation pursuant to the "Trip Generation Study for Telecommunications Facilities" prepared by Keith & Schnars, P.A., for Beacon Trade Port Associates and dated February 2001. (See Exhibit "E"). A "telecommunications hub" is a facility designed and constructed primarily to house computer servers, communications routers, switches and similar machinery or Copies of this study were previously submitted to the Department of Community Affairs, South Florida Regional Planning Council, and Florida Department of Transportation pursuant to cover letter to Ms. Diane Williams of Miami -Dade County, dated March 1, 2001. • equipment for directing or facilitating communications traffic. However, under no circumstances shall the total amount of the "telecommunications hub" use exceed 15% of the DRI land area. FROM: Net New Development: 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 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. TO: Net New Development: 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 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. Simultaneous increases and decreases in land use categories may be approved without necessity of a notification of a proposed change to a previously approved DRI. Such modifications are permitted administratively as long as the total vehicle trip generation is not exceeded. 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. f � PZ -2 PLANNING FACT SHEET --,APPLICANT City of Miami Community Redevelopment Agency HEARING DATE July 18, 2001 REQUESTILOCATION Consideration of an amendment to a previously approved Development of Regional Impact (DRI) for the Southeast Overtown/Park West Area. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of amending the Southeast Overtown Parkwest Development of Regional Impact (DRI) in order to: 1) substitute the City of Miami Community Redevelopment Agency (CRA) for the City of Miami as the developer; 2) extend the buildout/termination dates for Increment I by 4 years, 11 months and 29 days, from 1997 to 2002; 3) extend the buildout/termination dates for Increment II by 2 years and 30 days to November 30, 2006; 4) to extend the buildout/termination dates for the Master Development Order to November 29, 2012 and establish an expiration date of December 31, 2017; 5) to extend time limitations for conditions 5 and 6; 6) to clarify certain language; and 7) to allow "telecommunications hub" as a permitted use within the Development Order; finding that this change does not constitute a substantial deviation, pursuant to Chapter 380, Florida Statutes, and that the changes are in conformity with the Miami Comprehensive Neighborhood Pian 1989-2000. PLANNING Approval. RECOMMENDATION BACKGROUND AND ANALYSIS The attached request is for a change in name of developer, a series of time extensions, clarifications on modifications in land uses and the inclusion of a new land use within the Development Order for the Southeast Overtown/Park West Development of Regional Impact (DRI. The modifications will allow for numerous benefits in order to facilitate development within the Southeast Overtown/Park West area. PLANNING ADVISORY BOARD Approval VOTE: 8-0 CITY COMMISSION Continued from CC of September 25, 2001. APPLICATION NUMBER 2001-042 Item #4 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2H° AVENUE, 3R0 FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 7/9/2001 Page,1 RESOLUTION PAB -69-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING THE SOUTHEAST OVERTOWN PARKWEST DEVELOPMENT OF REGIONAL IMPACT (DRI) IN ORDER TO: I) SUBSTITUTE THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE CITY OF MIAMI AS THE DEVELOPER; 2) EXTEND THE BUILDOUT/TERMINATION DATES FOR INCREMENT I BY FOUR YEARS, II MONTHS AND 29 DAYS, FROM 1997 TO 2002; 3) EXTEND THE BUILDOUT/TERMINATION DATES FOR INCREMENT II BY TWO YEARS AND 30 DAYS TO NOVEMBER 30,2006; 4) TO EXTEND THE BUILDOUT/TERMINATION DATES FOR THE MASTER DEVELOPMENT ORDER TO NOVEMBER 29, 2012 AND ESTABLISH AN EXPIRATION DATE OF DECEMBER 31, 2017; 5) TO EXTEND TIME LIMITATIONS FOR CONDITIONS 5 AND 6; 6) TO CLARIFY CERTAIN LANGUAGE; AND 7) TO ALLOW "TELECOMMUNICATIONS HUB" AS A PERMITTED USE WITHIN THE DEVELOPMENT ORDER; FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND THAT THE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. HEARING DATE: July 18, 2001 ITEM NO. 4 VOTE: 8-0 ATTEST: AdiG41a];eK the irector Planning and Zoning Department j -L 1a,. ` pn ra_ ©� A 1:�?i Ns11�Wi�� ('iRk � �1��' v' ��t�- \►`'1v���l. \'til\\ �;���. NNS �O*N, KS41 Ilk N ANN, is wRi ssw 19 NO hs � Lek►,, �;S o 4 R0z&\, 15N I- NOIN L,%S ssslsN ,� IwKis s Ns Ls Ls �1t�\�"�..__.�t\iii iia\!�t:���►�'�LiV;i�\V►`!�!�:1:�:�►`►! ►►!�\�r:�, m1- .I- : i I I W, IS M F- - a ' .� F � • a�;� + . �- etas :L r '• �'° ; : � ��< lC.-� [�i�"1+c�.a ? �L.�.£r-c �yi�-•p�a'f'^��}ytr�.. ,y''�,,,,;i°�...,....�'° �i� � �"K��� `� FG�� : 40,-zlp ":ice rsty zwo py s `g. mo=d n �3 Vii.,.+- :+ r-?T�•-•� r.� �+1,' ;' ,-� 4 Fly mss: _ !� ' '€..; .��.,...T�.r��t,..«...•Is „-....-Ery vrt � � f"ia� / 4 sem-' � � '�� �rL! � � r',•al^'r�.''q ,a Nw >.s x LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION JANA K. McDONALD OF COUNSEL VIA HAND DELIVERY June 7, 2001 Ms, Lourdes Slazyk Director, Planning Department City of Miami 444 SW 2nd Ave. 3rd Floor. Miami, Florida 33233-0708 Re: Southeast Overtown Park West Notification of Proposed Change (NOPC) to Development of Regional Im act Development Orders Dear Ms. Slazyk: 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 Notification of Proposed Change to previously approved Development of Regional Impact (DRI) Development Orders, seeking modifications to the Master, Increment 1, and Increment II Development Orders for the Southeast Overtown/Park West DRI. It is the applicant's position, for the reasons set forth in the NOPC, that the requested modifications do not create additional or previously unreviewed regional impacts, and thus do not constitute substantial deviations. FIRST UNION FINANCIAL CENTER, SUITE 650 JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD BEN J. FERNANDEZ MIAMI, FLORIDA 33131 MICHAEL W. LARKIN DEBORAH L. MARTOHUE TELEPHONE (305) 374-5304 MICHAEL E. RADELL DIRECT UNE: (305) 377.6220 SAX (305)'377-5222 E-MAIL: JBCRCOw@BRZONiNaLAw.coM MARK A. ROTHENBERG JANA K. McDONALD OF COUNSEL VIA HAND DELIVERY June 7, 2001 Ms, Lourdes Slazyk Director, Planning Department City of Miami 444 SW 2nd Ave. 3rd Floor. Miami, Florida 33233-0708 Re: Southeast Overtown Park West Notification of Proposed Change (NOPC) to Development of Regional Im act Development Orders Dear Ms. Slazyk: 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 Notification of Proposed Change to previously approved Development of Regional Impact (DRI) Development Orders, seeking modifications to the Master, Increment 1, and Increment II Development Orders for the Southeast Overtown/Park West DRI. It is the applicant's position, for the reasons set forth in the NOPC, that the requested modifications do not create additional or previously unreviewed regional impacts, and thus do not constitute substantial deviations. Ms. Lourdes Slazyk• 1 • June 7, 2001 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. _ A JB/ lb cc: Alejandro Vilarello, Esq. The Honorable Arthur E. Teele, Jr., Chairman Mr. Dipak Parekh, Executive Director Ms. Carolyn Dekle, SFRPC Mr. Dixon Ezeala, DCA Mr. Phil Steinmiller, FDOT Ben Fernandez, Esq. BERCOW & RADELL PROFESSIONAL ASSOCIATION 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(1.9), 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 South East Overtown/Parkwest 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. June 7, 2001 (jyleei ow, Authorized Agent for Jami Community Redevelopment 1 0 . 2. Applicant (name, address, phone). City of Miami Community Redevelopment Agency 300 Biscayne Boulevard Way Suite 430 Miami, FL 33131 Phone: (305) 579-3324 Fax: (305) 372-4646 Attn: The Honorable Arthur E. Teele, Jr., Chairman, and Mr. Dipak Parekh, Executive Director. 3. Authorized Agent (name, address, phone). Jeffrey Bercow, Esq. Ben Fernandez, Esq. Bercow & Radell, P.A. First Union 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: Request — 1. To substitute the City of Miami Community Redevelopment Agency (CRA) for the City of Miami as the Developer under the South East Overtown/Parkwest 4 �.l�i—.11.IjJ • 0 Development of Regional Impact (SEOPW DRI) Master Development Order Resolution 88-110. Rationale — 1. In 1995, the Community Redevelopment Agency (CRA), an agency of the City of Miami, was established for the purpose of administering the Community Redevelopment Plan for South East Overtown Parkwest pursuant to City of Miami Ordinance 11248. A copy of City of Miami Ordinance 11248 is attached as Exhibit "B". The entire SEOPW DRI area is the subject of the redevelopment plan and the CRA is charged with the task of facilitating the redevelopment of the area. Accordingly, the CRA rather than the City of Miami should be designated as the Developer under the Master Development Order. Request - 2. To extend Increment I (Resolution No. 88-110, as amended) of the SEOPW DRI by 4 years I I months and 30 days to 2002. Rationale — 2. The Increment I Development Order was originally approved for the period commencing in February 1988 through 1994. In 1988 the City Commission approved a Stipulation of Settlement with the Department of Community Affairs. This Stipulation settled a lawsuit challenging the Master and Increment I approvals of the SEOPW DRI. The lawsuit was filed by DCA immediately after approval of the Master and Increment I Development Orders. Subsequently, on June 2, 1988 the Stipulation of Settlement was approved. Pursuant to F.S. Section 380.06(19)(c), for purposes of calculating when a buildout, phase, or termination date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. Accordingly, when calculating the elapsed time under Increment I, the 112 days from the adoption of the Master and Increment I Development Orders until June 2, 1988, the date the Stipulation of Settlement was approved, must be tolled. Therefore, 112 days must be added onto any extension of time granted for Increment I. In 1992, the Miami City Commission amended the phasing chart in the Master 3.T, 'A 1J -L J- 1 ,. J Development Order and the Increment I Development Order of the SEOPW DRI to extend the Increment I buildout date to 1997, or an extension of the buildout date by 3 years. No further extension was sought after 1997, and no development capacity was utilized after I'997. Thus the Increment I development order has been in abatement since 1997. In December of 1999 the City of Miami Commission approved an amendment to Increment II which extended the buildout date for Increment II by 4 years and 11 months, to November 30, 2004. At that time, the buildout date for Increment I should also have been extended, pursuant to F.S. 380.06(19)(c) which provides that any extension of the buildout date of a project or a phase thereof automatically extends the commencement date of the project, the termination of the development order, the expiration of the development of regional impact and the phases thereof by a like period of time. Accordingly, the Applicant proposes the restoration of Increment I and requests that the Increment I buildout date be extended by an additional 3 years, eleven months and 29' days from the date of approval, plus 112 days to reflect the tolling period, for a total extension request of 4 years, three months and 20 days. Excluding the tolling period, this proposed extension, considered cumulatively with the previous three year extension, is still less than 7 years, and thus is presumed not to constitute a substantial deviation. Request - 3. To extend Increment II (Resolution No. 92-609, as amended) by 2 years and 30 days to November 30, 2006. Rationale - 3. There has been very little recent "Net New Development" development activity in the South East Overtown/Parkwest area. Based on City of Miami Planning and Zoning Department records, the amount of Net New Development in the project area is set ' It should be noted that the newly developed Network Access Point (NAP), a carrier neutral public-private internet traffic exchange point, located with in the SEOPW DRI area, is specifically exempt from the limitation imposed by a Development Order issued under Chapter 380 by the "itflorida.com Act of 2000" since it is within a community redevelopment area. forth below. Residential Number of Units Biscayne View Apts. 463 Arena Towers 354 Poinciana Village Condos. 40 St. John's Apts. 35 Total Units 892 Retail Gross Square Feet 9`h Street Mall Retail space 18,000 Office Citadel Office Building 50,000 When the amount of completed Net New Development in the SEOPW DRI area is subtracted from the development permitted under Increment I, the result reveals that approximately 116,000 square feet of office space, 77,400 square feet of retail space, 1,108 residential units and 8,000 seats of attraction facility have not been developed and constitute "unused capacity" under Increment I. When considering that none of Increment II's capacity has been utilized, the total amount of remaining development capacity is truly substantial. (rooms) Residential 1,108 2,000, 3,108 (units) Total Increment I Increment II Unused Land Use Unused Capacity (Unused) _Capaci Cpacity Office 116,000 337,000 453,000 (gsf) Commercial 77,400 71,700 149,100 (gsf) Hotel 0 500 500 (rooms) Residential 1,108 2,000, 3,108 (units) • Attractions 8,000, 8,000 16,000 (seats) Accordingly, Increment II should be extended (along with Increment I), for an additional 2 years and 30 days to permit further development of the project over time. Request - 4. To extend the Master Development Order (Resolution No. 88-1I0, as amended) buildout date, described in paragraph 27 of the Master Development Order, to November 29, 2012 in accordance with F.S.380.06(19)(c) and to establish an expiration date of December 31, 2017. Rationale - 4. By operation of law, the termination date described in paragraph 27 of the Master Development Order should be extended to November 29, 2012 pursuant to F.S. 380.06(19)(c). The Master Development Order termination date should also be extended in order to permit further development of the project over time. The Master Development Order did not establish an expiration date therefore an expiration date of, 2012 should be established. Request - 5. To extend the deadline for compliance with condition 6 under Increment Il (Resolution 92-609) in order to allow more time to complete the construction of NW 1 Avenue from NW 10"' Street to NW 14"' Street as a new four lane divided facility. Rationale — 5. Due to the fact that there has been only minimal development under Increment I and Increment II there has not been a need to complete construction of N.W. 1' Avenue pursuant to Condition 6, which required completion by December 31, 1998. Nor were there any fees collected under the Southeast Overtown/Park West supplemental development fee to permit funding of the construction. Accordingly, the deadline for completing this construction should be extended to 2005 in order to allow construction of a significant portion of Increment II prior to the roadway expansion. Request - 6. To extend the deadline for compliance with condition 5 under Increment II to extend 31 the time for conducting air quality modeling of carbon monoxide impacts from June 30, 1999 to June 30, 2006. Rationale -- 6. The air quality modeling of carbon monoxide was required in order to evaluate the impacts of Increment II development on the DRi area. However, since there has been only minimal development and there has not been sufficient collection of Southeast Overtown/Park West supplemental development fees to fund the required studies, the condition should be amended to require that the air quality modeling be submitted by June 30, 2006. This extension will also allow for additional development to occur prior to the studies. Request - 7. To amend the Master, Increment I and Increment II Development Orders, (Resolution Nos. 88-110, 88-111 and 92-609 as amended), to provide a clarification that simultaneous increases and decreases in land use categories may be approved without necessity of a notification of a proposed change to a previously approved DRI and to clarify that such modifications are permitted administratively as long as the total vehicle trip generations are not exceeded. Rationale - 7. The definition of "net new development" in each development order specifically permits such administrative modifications. Simultaneous increases and decreases that do not result in a net increase in peak hour vehicle trip generation do not generate additional impacts and therefore should be administratively approved. Request — 8. To allow "telecommunications hub" as a permitted use that may be substituted for any permitted land use based upon equivalent impacts as measured by peak hour vehicle trip generation pursuant to a traffic study prepared by Keith & Schnars for the Beacon Trade Port DRI. (See Exhibit "E"). However, under no circumstance shall the total amount of the "telecommunications hub" use exceed 15% of the DRI land area. Rationale -- 7 { I L • S. As a direct result of growth in the telecommunications industry and use of the internet in recent years a new industrial land use has emerged known as "telecommunication hubs". A telecommunications hub is a facility designed and constructed primarily to house computer servers, communications routers, switches and similar machinery or equipment for directing or facilitating communications traffic. 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. Not applicable. 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 adopied 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 Develo ment 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 8 • "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 permitted 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 I" 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. 8. Describe any lands purchased or optioned within 114 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 114 mile on a project master site plan or other map. The applicant has not purchased or optioned any lands within 114 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 09 r .w ; ':.A criteria of Subparagraph 380.06(19)(e)2., F.S.? Yes No X 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. Yes. See attached Exhibit "C". 11. Will the proposed change require an amendment to the local government comprehensive plan? Prl Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9.i-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 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 attached proposed modifications attached as Exhibit "D". 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. 10 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. See Exhibit "C". C. A proposed amended development order date until which the local government agrees that the changes to the DR] shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable. Not applicable. 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. Legi Beginning at a point at Of N.E. 5th Street and tt thence west on the conte 5th Street) to the northwesterly on the eas line of I-395; thence eas to the center line of Bis the center line of Bi,- beginning, i;beginning, comprising ± 2 Blocks 2N, 3N, 4N, 5N, 6N 21N, 22N, 23N, 24N, 25N, 41N, 42N, 43N, 44N, 45M, 62N, Me 658, 66N, a port rights-of-way. between sal South, Range 41 East, A.L Blocks 7, 8, 9, 10, 19, 20 and all existing street Section 36; Township 53 54 Jenny M., and Charles E.- 87); and Blocks 2, 8, 9, all existing street- ri( Section 36, Township53, Ra 27); 'and Blocks 1, 8, and between said.blocks; Secti Perry Division (B-163); an4 37, Township 53 South, Ra. Miami (B-41); and Block 41 Range 4.1 East, G. G. Solle all existing street rights Township 53., Range 42 Eas� 34); and Blocks 59N, 60N, way between said blocks, East, Miami South Half-Blo 172, J.A. Danns Sub 7-36 8 79-87, Jones Resub 3-176, Range 41 East, A. L. Knowlt EXHIBIT % tA, • Description ie intersection of the center line center .line of Biscayne Boulevard; line of N -E. 5th Street (and N.W. at ROW line of I-95; thence ROW ling of 1-95 to the south ROW Orly on the south Row line of I-395 yne Boulevard; thence southerly on gyne Boulevard to the point of .38 acres more or less; or 7N, 149, 15N, 17N, 18N,. 19N, 20N, 34N, 35N, 36N, -37N, 38N, 39N, 40N, 55N, 56N, 57N, 58N, 59N, 60N, 61N, Lon of 27N, and all existing street i blocks; Section 37, Township 53 Knowlton Map of Miami (B-41); and 21, portions of blocks 6, 11, 16, fghts-of-way between said blocks; uth, Range 41 East, Alice Baldwin, Oxar Subdivision A-57 Amended (B- 10, lI, a portion of block 3, and hts-of-way between said blocks- ige 41 East, Soots Subdivision (B- all existing street rights-of-way )n 36, Township 53, Range 42 East, Greyhound Center (&&-98); Section cge 41 Bast, A.L. Knowlton Map of N, Section 37, Township 53 South, 1 (1-16); and Blocks 16N, 26N, and -of-way between said blocks; S37, , P. W. white Re -Subdivision (B- ind all existing'street rights-of- ection 37, Township 53, Range 41 ;ks (1-185); and RTY SEC CORPS 3 - Locks C and D, Howard Johnson Sub Section 37, Township 53 South, ►n Map of Miami (8-41). -93-328-­ /27/95 93-328--� /27/95 EXHIBIT ORDINANCE NO. 11248 N EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, .S AMENDED, BY ADDING A NEW CHAPTER ENTITLED: "SOUTHEAST OVERTOWN/PARK JEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY" ";Q UDING THEREIN SECTIONS ENTITLED: "DEFINITIONS," "BOUNDARIES 1ESIGNATED," "DISPOSAL OF PROPERTY IN COMMUNITY REDEVELOPMENT )ISTRICT," "PROPERTY EXEMPT FROM TAXES AND FROM LEVY AND SALE BY 'IRTUE OF AN EXECUTION,- SOUTHEAST OVERTOWN/PARK WEST COMMUNITY EDEVELOPMENT AGENCY CREATED,- "GOVERNING BODY AS THE BOARD OF )IRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY," -MEETINGS, RULE. ND REGULATIONS.,' -POWERS AND DUTIES,`- "EMPLOYEES GENERALLY,-' "ANNUAL .UDGET;" "SOURCE OF FUNDS," "AGENCY ,SOLELY LIABLE FOR 013LIGATION,`- AND ANNUAL REPORT AND AUDIT;" CONTAINING A REPEALER PROVISION AND A EVERA13ILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR vCLUSION IN THE CODE. JHEREAS, the City of Miami, pursuant to Resolution Nos. 82-755 and 85-1247 and Metropolitan jade County ("County),pursuant to Resolution Nos. 1677-82 and 96-85 pproved the Southeast OvertownlPark West Community Redevelopment Plan iereinafter referred to as the "Plan"); amd WHEREAS, in accordance with the provisions of Chapter 163, Part III, Florida Statutes, the County, ursuant to Resolution No., 1677-82, established the Southeast Overtown/Park West Redevelopment ►istrict (herinafter referred to as the "District") as a separate community redevelopment district for tax icrement financing purposes; and WHEREAS, The County, pursuant to Ordinance No. 82-115, established and created in accordance ,ith the provisions of Section 163.387, Florida Statues, a Redevelopment Trust Fund (hereinafter ;ferred to as the "Fund") and has authorized allocation of monies from such Fund; and WHEREAS, the City and the County entered into an Interlocal Cooperation Agreement, dates as of larch 31, 1983, as amended (hereinafter referred to as the "Agreement"), which provided for the �! J' f_ .,ercise CC redevelopment pow the City for the District, the -,mentation of the Plan, the elegation by the County to thelty Commission to act as the communityredevelopment agency P g Y 2ereinafter the "CRA") for the District, and the use of tax increment financing to pay the costs of the nplementation of the Plan; WHEREAS, pursuant to and in accordance with the Agreement and the delegation of powers therein, ie City proceeded to exercise such redevelopment powers by acquiring property, for redevelopment urposes and causing the development of certain multi -family residential facilities, commercial evelopments, public improvements and various other improvements in the District in furtherance of the Ian; and WHEREAS, it is the intent of the City Commission to make the most efficient use of its powers, ;sources, authority and capabilities as the CRA by amending the Code of the City of Miami, as mended, as hereinafter set forth; IOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, LORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted b, &.ference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Code of the City of Miami, Florida, as amended, is hereby amended by adding the )llowing new Chapter: `HAPTER ---- SOUTHEAST OVERTOWN/PARK WEST IEDEVELOPMENT 1ISTRICT/COMMUNITY REDEVELOPMENT AGENCY .RTICLE I. OUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT ec. I. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively Scribed to them by this section: gency or community redevelo4b Irnt agency. The body corporatel;ated pursuant to the provisions of ection 163.01 and Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statues; the Metropolita lade County Charter, the Charter of the City of Miami, Florida; and other applicable provisions of law. rea of operation. - The area within the corporate limits of the City. oard. — The governing body of the agency selected as herein provided. ►irector. — The chief executive officer of the agency selected by the board as herein provided. ,overning body. --- The Commission of the City. eal property. — All lands, including improvements and fixtures thereon, and property of any nature ppurtenant thereto orused in connection therewith and every estate, interest, right, and use legal or quitable, therein, including but not limited to terms for years and liens by way of judgment, mortgage, r otherwise. uhlic body or taxing authority. — The State of Florida, Metropolitan Dade County, the City of Miami, nd authority , special district as defined in Section 165.031 (S), Florida Statutes, or other public body of ie State, except a school district. lum area. — An area in which there is a predominance of buildings or improvements, whether residentic, r nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate rovision for ventilation, light, air, sanitation, or open spaces; high density of population and vercrowding; the existence of conditions which endanger life or property by fire or other causes;, or any ombination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile elinquency, or crime and is detrimental to the public health, safety, morals, or welfare. 'lighted area. — Either: (a) An area in which there are a substantial number of slum, deteriorated, r deteriorating structures and conditions which endanger life or property by fire or other causes or one r more of the following factors which substantially impairs or arrests the sound growth of a county or iunicipality and is a menace to the public health, safety, morals, or welfare in its present condition and se: (1). . Predominance of def 0. a or inadequate street layout; . (2). Faulty lot layout in relation to size, adequacy, -.cessibility, or usefulness; (3). Unsanitary or unsafe conditions; (4). Deterioration of site or, they -improvements; (5). Tax or special assessment delinquency exceeding the fair alue of the lands; and (6). Diversity of ownership or defective or unusual conditions f title which prevent the free alienability of land within the deteriorated or hazardous area; or )) An area in which there exists faulty or inadequate street layout; inadequate parking facilities; or )adways, bridges, or public transportation facilities incapable of handling the volume of traffic flow int, r through the area, either at present or following proposed construction. 'ommunity redevelopment plan.- The Southeast Overtown/Park West Community Redevelopment lans, amended, dated December 1982. ec. 2. Boundaries designated. he Southeast Overtown/Park West Redevelopment District ("District") shall encompass the area enerafly bounded by Biscayne Boulevard on the East; 1-95 on the West; 1-395 on the North; and forthwest 5th Street on the South. The district shall be under the jurisdiction and control of the agency. ec. 3. Disposal of property in community. redevelopment district. (1) The Community Redevelopment Agency may sell, lease, dispose of, or otherwise transfer real roperty or any interest therein acgpired by it for community redevelopment in the community ;development area to any private person, or may retain such property for public use, and may enter into antracts with respect thereto for residential, recreational, commercial, industrial, educational, or other ses, in accordance with the community redevelopment plan, subject to such covenants, conditions, and astrictions, including covenants running with the land, as it deems necessary or desirable to assist in reventing the development or spread of future slums or blighted areas or to otherwise carry out the urposes of this part. However, such sale, lease, other transfer, or retention, and any agreement relating tereto, may be made only after the approval of the community redevelopment plan by the governing ody. The purchasers or lessees and their successors and assigns shall be obligated to devote such real roperty only to the uses specif in the community redevelopmo Alan and may be obligated to auireOntsmply with such other reqas the community redevelopment agency may determine to be in ie public interest, including the obligation to begin any improvements on such real property required b: ie community redevelopment plan within a reasonable time. ?) Such real property or interest shall be sold, leased, otherwise transf erred, or retained at a value etermined to be in the public interest f or uses in accordance with the community redevelopment, plan nd in accordance with such reasonable disposal procedures as the community redevelopment agency iay prescribe. In determining the value of real property as being in the public interest for uses in ,.cordance with the community redevelopment plan the community redevelopment agency shall take ito account and give consideration to the long-term losses or costs in the disposal of such real property; to uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations 3sumed by the purchaser or lessee or by the community redevelopment agency retaining the property; nd the objectives of such plan for the prevention of the recurrence of slum or blighted areas. In the vent the value of such real property being disposed of is for less than the fair value, such disposition ialI require the approval of the governing body, which approval may only be given following a duly oticed public hearing. The community redevelopment agency may provide in any instrument of anveyance to a private purchaser or lessee that such purchaser or lessee is without power to sell, lease, r otherwise transfer the real property without the prior written consent of community redevelopment gency until he has completed the construction of any or all improvements which he has obligated . imself to construct thereon. Real property acquired by the county, municipality, or community :development agency which, in accordance with the provisions of the community redevelopment plan, ; to be transferred shall be transferred as rapidly as feasible in the public interest, consistent with the arrying out of the provisions of the community redevelopment plan. Any contract for such transfer and ie community redevelopment plan, or such part or parts of such contract or plan as the community ;development agency may determine, may be recorded in the land records of the clerk of the circuit curt in such manner as to afford actual or constructive notice thereof. 3) Prior to disposition of any real property or interest therein in the community redevelopment district, ie community redevelopment agency shall give public notice of such disposition by publication in a ewspaper having a general circulation in the community, at least 30 days prior to the execution of any antract to sell, lease, or otherwise transfer real property and, prior to the delivery of any instrument of anveyance with respect thereto under the provisions of this section, invite proposals from and make all ertinent information available to, private redevelopers or any persons interested in undertaking to :develop or rehabilitate the community redevelopment district or any part thereof. Such notice shall lentify the area or portion thereof and shall state that proposals must be made by those interested withir. 0 days after the date of publication of the notice and that such further information as is available may b. btained at such office as is designated in the notice. The community redevelopment agency shall ansider all such redevelopment or rehabilitation proposals and the financial and legal ability of the ersons making such proposals to carry them out; and the community redevelopment agency may egotiate with any persons for proposals for the purchase, lease, or other transfer of any real property squired by it in the community redevelopment district. The community redevelopment agency may ,.sept such proposal as it deems to be in the public interest and in furtherance of the pu ose. { of,.t4is 0 xoo art; however, a notification o* -m 'motion to accept such proposal ^` be filed with the governing body of less than 30 days prior to ach acceptance. Thereafter, th�nmunity redevelopment agency iay execute such contract in accordance with the provisions of subsection (:L) and deliver deeds, rases, and other instruments and take all steps necessary to effectuate such contract. 1) The community redevelopment agency may temporarily operate and maintain real property acquired y: it ri*Ye community redevelopment district for or in connection with a community redevelopment pla ending the disposition of the property as authorized in this part, without regard to the provisions of Ybsection (1), for such uses and purposes as may be deemed desirable even though not in conformity ,ith the community redevelopment plan. i) if any conflict exists between the provisions of this section and Section 159.61, Florida Statutes the rovisions of this section govern and supersede those of Section 159.61, Florida Statutes. ec. 4. Property exempt from taxes and from levy and sale by virtue of an execution. l) All property of the community redevelopment agency, including funds, owned or held by it for the urposes of this part are exempt from levy and sale by virtue of an execution; and no execution or other idicial process may be issued against the same, nor shall judgment against the community ;development agency be a charge or lien upon such property. However, the provisions of this section do of apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or en given pursuant to this part by the county or municipality on its rents, fees, grants, or revenues from ammunity redevelopment. ?) The property of the community redevelopment agency acquired or held for the purposes of this part i eclared to be public property, used for essential public and governmental purposes, and such property i; xempt from all taxes of the municipality, the county, or the state or any political subdivision thereof. [owever, such tax exemption will terminate when the immunity redevelopment agency sells, leases, or otherwise disposes of such property in a community ;development area to a purchaser or lessee which is not a public body entitled to a tax exemption with aspect to such property. .RTICLE 1.1.. ' OUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. 0' ec. 5 Southeast Overtown/Park West Community lest immunity Redevelopment Agency created, ursuant to Section 163.01 and Part III, Chapter 163, Florida Statutes, Chapter 166, Florida Statutes; the letropolitan Dade County Charter, the Charter of the City of Miami, Florida; and other applicable rovisions of law, there is hereby created the Southeast Overtown/Park West Community .edevelopment Agency of the City, which agency shall be a body corporate with the power to sue and b .ped in all courts of the State and shall have its own corporate seal. ec. 6. Governing body as the Board of Directors of the community redevelopment agency. 1)(a) The governing body of the city hereby declares itself to be the Board of Directors ("Boardit) of th immunity redevelopment agency with all the rights, powers, duties, privileges, and immunities vested i a community redevelopment agency, subject to all responsibilities andliabilities imposed or incurred. i) The Board shall constitute the head of a legal entity, separate, istinct, and independent from the governing body of the City. ec. 7. Meetings; rules and regulations. he Board shall adopt and promulgate rules governing its procedures and shall hold regular meetings no :ss than once each month, with the exception of the month of August. Special meetings may be held ,hen called in the manner provided in the rules of the Board. All meetings of the Board shall'be open tc ie public. Each member of the Board shall serve without compensation. ec. 8 - Powers and duties. t) The Board, subject to the prA9.,ons of this article and subject * .ner applicable provisions of law, 7al1 exercise supervisory control over the .tivities of the director and the staff of the Southeast Overtown/Park West Community Redevelopment ,gency in carrying out the functions authorized by this article. )) It shall be the duty of the Board, shall have the power, to do the following: l) Appoint a director and other staff members who shall be employed upon the recommendation of the irector; prescribe their duties; and fix their compensation, which shall be paid from funds available to ie agency. ?) The agency shall have all the powers necessary or convenient to carry out and effectuate the purpose nd provisions of this part, including the following powers in addition to others herein granted: i) To make and execute contracts and other instruments necessary or convenient to the exercise of its owers under this part; )) To disseminate slum clearance community redevelopment information; ;} To undertake and carry out community redevelopment and related activities within the community ;development district, which redevelopment may include: l) Acquisition of a slum area or a blighted area or portion. thereof. ?) Demolition and removal of buildings and improvements. 3) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of tajor hotels that are constructed in support of convention centers, including meeting rooms, banquet icilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying ou- i the community redevelopment district the community redevelopment objectives of this part in Xordance with the community redevelopment plan. 1) Disposition of any property-iired in the community redevel0 gent district at its fair value for ust i accordance with the commun�t redevelopment plan. i) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings of I ther improvements in accordance with the community redevelopment plan. S) Acquisition Of real property in the community redevelopment district which, under the community ;development plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or ;habilitation of the structures for guidance purposes, and resale of the property. 1) Acquisition Of any other real property in the community redevelopment district when necessary to timinate unhealthy, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses etrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration r to provide land for needed public facilities. 3) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights i n area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, r other similar facilities which have a blighting influence on the surrounding area and over which air ghts sites are to be developed for the elimination of such blighting influences and for the provision of ousing (and related facilities and uses) designed specifically for, and limited to, families and individual f low or moderate income. 1) Construction of foundations and platforms necessary for the provision of air rights site of housing ind related facilities and uses) designed specifically for, and limited to, families and individuals of low r moderate income. :) To provide, or to arrange or contract f or, the furnishing or repair by any person or agency, public or rivate, of services, privileges, works, streets, roads, public utilities, or other facilities for or in Dnnection with a community redevelopment; to install, construct, and reconstruct streets, utilities, park laygrounds, and other public improvements; and to agree to any conditions that it deems reasonable an( ppropriate which are attached to federal financial assistance and imposed pursuant to federal law slating to the determination of prevailing salaries or wages or compliance with labor standards, in the ndertaking or carrying out of a community redevelopment and related activities, and to include in any entract let in connection with such redevelopment and related activities provisions to fulfill such of the Dnditions as it deems reasonable and appropriate. 1) Within the community redevelopment district: 1) To enter into the building orperty in any community redevelonent district in order to make ispections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a curt of competent jurisdiction in the event entry is denied or resisted. ?) To acquire by purchase, lease, option, gift, grant, bequest, devise, or otherwise any real property (or ersonal property for its administrative purposes),,. together with any improvements thereon. 3) To hold, improve, clear, or prepare for redevelopment any such property. t) To mortgage, pledge, hypothecate, or otherwise encumber or dispose or any real property. i) To insure or provide f or the insurance of any real or personal property or against -any risks or azards, including the power to pay premiums on any such insurance. s) To enter into any contracts necessary to effectuate the purposes of this part. ;) To invest any community redevelopment funds held in reserves or sinking funds or any such funds of required for immediate disbursement in property or securities in which savings banks may legally west funds subject to their control and to redeem such bonds as have been issued pursuant to Section 63.385 at the redemption price established therein or to purchase such bonds at less than redemption rice, all such bonds so redeemed or purchased to be canceled. :) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other )rm of financial assistance from the Federal Government or the state, county, or other public body or •om any sources, public or private, for the purposes of this part and to give such security as may be ;.quired and to enter into and carry out contracts or agreements in connection therewith; and to include t any contract for financial assistance with the Federal Government for or with respect to community ;development and related activities such conditions imposed pursuant to federal laws as deemed ;asonable and appropriate which are not inconsistent with the purposes of this part. D Within its area of operation, to make or have made all surveys and plans necessary to the carrying ou f the purposes of this part; to contract with any person, public or private, in making and carrying out ich plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are nc rnited to: [) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings an I nprovements. ?) Plans f or the enforcement of state and local laws, codes, and regulations relating to the use of and ccupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or ;moval of buildings and improvements. 3) Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the ndertaking of community redevelopment and related activities. i) To develop, test, and report methods and techniques, and carry out demonstrations and other -tivities, for the prevention and the elimination of slums and urban blight and developing and emonstrating new or improved means of pr viding housing for families and persons of low income. ) To apply for, accept, and utilize grants of funds from the Federal Government for such purposes. ) To prepare plans for and assist in the relocation Of persons (including individuals, families, business 3ncerns, nonprofit organizations, and others) displaced from the community redevelopment district and make relocation payments to or with respect to such persons for moving expenses and losses of roperty for which reimbursement or compensation is not otherwise made, including the making of such ayments financed by the Federal Government. ;) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of its part. [) To close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or replan ny part of the county or municipality. n) The following projects may not be paid for or financed by tax increment revenues: 0 Construction or expansion of administrative buildings for public bodies or police and fire buildings, nless each taxing authority agrees to such method of financing for the construction or expansion. {_'J )) installation, construction, reconstruction, repair, or alteration of any publicly owned capital nprovements, or projects which are not an integral part of or necessary for carrying out the community ;development plan if such projects or improvements are normally financed by the governing body with ser fees or if such projects or improvements would be installed, constructed, reconstructed, repaired, or ltered within 3. years of the approval of the community redevelopment plan by the governing body ursuant to a previously approved public capital improvement or project schedule or plan of the oveming body which approved the community redevelopment plan. :) General government operating expenses unrelated to the planning an carrying out of a community ;development plan. ec. 9. Employees generally. 'he Board shall employ and fix the compensation of the following who shall serve at the pleasure of the �oard-. 1) Director. A director who shall act as the chief executive officer of the agency. Subject to the policy irectives of the agency, the director shall have general supervision over and be responsible for the peration and maintenance of all agency properties, activities, and facilities. The director shall attend all ieetings of the Board, shall furnish the Board.with such information or reports with respect to the peration, maintenance and financial condition of the agency as the Board may from time to time ;quire. In the event that the director shall for any reason be temporarily incapable of exercising the owers and performing the duties and functions of his office, the deputy director of the agency as so esignated by the director shall perform as acting director and shall exercise such powers and perform .ich functions and director duties of the director until such incapacity of the be terminated. 1) Employment of Staff and Assistants. Subject to the policy directives of the Board and budget mitations, the director shall employ such clerical, technical and professional assistants, including, but of limited to engineering, planning, economic research, and other fields, as are necessary to provide for ie efficient operation of the agency. ec. 10. Annual budget; source of funds. Co later than thirty (30) days prior to the date the city commission establishes the mileage rate for the ity, the director shall prepare for the approval of the Board a budget f or the operation of the agency for Fe -ensuing fiscal year. The bu shall be prepared in the same" .ter as required of all departments F the city. When approved by tReBoard it shall not require approval of any officer or body oe f the city. y he operation of the agency shall be principally financed from the following sources and such other )urces as may be approved by the Board: l) Donations to the agency for the performance of its functions. ?) Redevelopment revenue bonds. 3) Income, proceeds, revenues and funds from the redevelopment trust fund. 1) Grants and money borrowed and to be repaid from other funds received by the authority of this articl I ,hick shall include state and federal funds. i) General public funds. ec. 11. Agency solely liable for obligations. lo obligation or liability of any kind or nature whatsoever incurred by or asserted against the agency Zall in any manner whatsoever be an obligation or liability of the city. ec. 12. Annual report audit he agency shall provide for an independent financial audit of the trust fund each fiscal year and a repor f such audit. Such report shall describe the amount and source of deposits into, and the amount and urpose of withdrawals from the trust fund during such fiscal year and the amount of principal and iterest paid during such year on any indebtedness to which is pledged increment revenues and the ;maining amount of such indebtedness. The agency shall provide a copy of the report to each taxing uthority." ection 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the rovisioris of this Ordinance areWeby repealed 9 ection 4. If any section, part of section, paragraph, clause, phrase, r word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be ffected. ection 5. It is the intention of the City Commission that the provisions of this Ordinance shall becomf nd be made a part of the Code of the City of Miami, Florida, as amended, which provisions may, ordinance" may be -numbered or relettered And that the word "ordinance" may be changed "section", ulicle", or other appropriate word to accomplish such intention. ection 6. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent ublic need for the preservation of peace, health, safety, and property of the City of Miami ection 7. The requirement of reading this Ordinance on two separate days is hereby dispensed with b, n affirmative vote of not less than four-fifths of the members of the Commission. ection S. This Ordinance shall become effective immediately upon its adoption ASSED AND ADOPTED this 27th day of April, 1995. ;TEPHEN P. CIARK, MAYOR W. Exhibit "C" Amended Phasing Schedule for Master, Increment I and Increment II Development Orders ��1 Increment I Increment II Increment III Buildout- Buildout- Buildout - Land Uses (1988-1997) (1992-2004) (1999-2007) Totals Office 166,000 337,000 500,500 1,003,500 (gso- Commercial 95,400 71,700 90,600 257,700 (gsf) Hotel 0 500 600 1,100 (rooms) Residential 2,000 2,000 5,000 9,000 (units) Attractions/ 8,000 8,000 0 16,000 Recreation (seats) TO: Increment I Increment II Increment III Buildout- Buildout- Buildout - Land Uses (1997-2005`) (2002-2006) (1999-2007) Totals Office 166,000 337,000 500,500 1,003,500 (gsf)- based on an assumed October, 2001 approval of this NOPC i' Commercial 95,400 (gsl Hotel :0 . (rooms) Residential 2,000 (units) Attractions/ 8,000 Recreation (seats) 71,700 500 2,000 8,000 0" 90,600 600 5,000 0 257,700 1,100 9,000 16,000 } Exhibit "D" Master Development Order Conditions FROM: 27. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 31, 2007, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only be modified in accordance with F.S. 380.06 (19)(c)(1987). TO: 27. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be Deeorber 34,2007 December 30, 2012, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only be modified in accordance with F.S. 380.06 (19)(c)(1987). The expiration date for the development order shall be 2017. Increment 11 Conditions FROM: 4. Complete the construction of NW 1St Avenue from NW 10th Street to NW 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for South East Overtown/Parkwest - Increment II will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31,1998 TO: 4. Complete the construction of NW 1St Avenue from NW 10th Street to NW 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for South East Overtown/Parkwest - 0 J, Increment II will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. DeEembe 3�.�o December 31, 2005. FROM: 6. Conduct air quality modeling of carbon monoxide impact. The air quality modeling shall follow Florida Department of Environmental Regulation guidelines and shall: a. be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. include the following intersections: NE 21st Avenue/ NE 5th Street; and NE 2nd Avenue/ NE 5th Street; C. be submitted by June 30,1999, in detail analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. TO: 6. Conduct air quality modeling of carbon monoxide impact. The air quality modeling shall follow Florida Department of Environmental Regulation guidelines and shall: a. be based on actual 2005 traffic counts for the intersections listed in 6.b. below; b. include the following intersections: NE 21St Avenue/NE 5th Street; and NE 2nd Avenue/ NE 5th Street; C. be submitted by June 30, 2006, in detail analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. FROM: 12. Establish the termination date for completing development as November 30, 2004, provided that the Applicant, its successors and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06(19)(c), F.S. 0 TO: 12. Establish the termination date for completing development as 30, 2004 December 30, 2006, provided that the Applicant, its successors and assigns, omplies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06(19)(c), F.S. FROM: 13. Establish an expiration date for the development order. TO: 13. Establish an expiration date for the development order as December 31, 2011. Definitions in Master, Increment I, and Increment II Development Orders FROM: Total Allowable Development: 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 changed 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. TO: Total Allowable Development: 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 changed 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. Furthermore, "telecommunications hubs" are a permitted use that may be substituted for any permitted land use based upon equivalent impacts as measured by peak hour vehicle trip generation pursuant to the "Trip Generation Study for Telecommunications Facilities" prepared by Keith & Schnars, P.A., for Beacon Trade Port Associates and dated February 2001'. (See Exhibit "E"). A "telecommunications hub" is a facility designed and constructed primarily to house computer servers, communications routers, switches and similar machinery or equipment for directing or facilitating communications traffic. However, under no circumstances shall the total amount of the Copies of this study were previously submitted to the Department of Community Affairs, South Florida Regional Planning Council, and Florida Department of Transportation pursuant to cover letter to Ms. Diane Williams of Miami -Dade County, dated March 1, 2001. "telecommunications hub" use exceed 15% of the DRI land area. FROM: Net New Development: 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 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. TO: Net New Development: 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 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. Simultaneous increases and decreases in land use categories.may-.be approved without necessity of a notification of a proposed change to a previously approved DRI. Such modifications are permitted administratively as long as the total vehicle trip generation is not exceeded. 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. j - } J ;: we �� • EXHIBIT F.. KEITH and SCHNARS, P.A. ENGINEERS - PLANNERS -SURVEYORS Ell March 1, 2001 Diane O'Quinn Williams Miami -Dade County Department of Planning and Zoning 111 Northwest I" Street, 11'" Floor Miami, Florida 33125 RE: Beacon TradePort DRI Zoning Hearing Application and NOPC Application Beacon TradePort Associates Limited Partnership and Dolphin Mail Associates Limited Partnership Trip Generation Study for Telecommunication Facilities Keith and Schnars Pro'ect 15774 Dear Ms. O'Quinn Williams: Our project team met with transportation agency representatives from the Miami -Dade County Public Works Department, the Florida Department of Transportation and the South Florida Regional Planning Council on January 25, 2003, to discuss the NOPC and Zoning Hearing Application filed on December 7, 2000 for the Beacon TradePort DRI. Pursuant to staff requests, our office has modified the information submitted on December 7, 2000 related to the creation of a new trip generation rate for Telecommunication Facilities. Please find enclosed, a Trip Generation Study for Telecommunication Facilities, which incorporates staff comments and which has been prepared consistent with the trip generation study guidelines and procedures recommended by the Institute of Transportation Engineers. The Trip Generation Study for Telecommunication Facilities includes data obtained from thirteen (13) telecommunication facilities - one (1) located in Virginia, nine (9) located in California and three (3) located in South Florida. The PM peak hour trip generation rate resulting from this study is 0.288 trips per 1,000 square feet of development. The PM peak hour trip generation rate used in the December 7, 2000 Beacon TradePort DRI Zoning Hearing Application was 0,285 trips per 1,000 square feet of development. Thank you in advance for your assistance in reviewing the enclosed information.. The impacts that the new telecommunications facility rate will have on the Beacon TradePort DRI will be transmitted to youro#fice underseparate cover. 6500 !North Andrews Avenue - Ft. Lauderdale, Florida 33309-2132 (954) 776-1616 - (800) 486-1255 - Fax (954) 771-7690 Diane O'Quinn Williams Beacon TradePort DRI Zoning Bearing Application and NOPC Application Trip Generation Study for Telecommunication Facilities March 1, 2001 • Page 2 Please do not hesitate to call if you have any questions or concerns regarding the information included. We will provide this information simultaneously to the other review agencies which focus on transportation issues (SFRPC, FDOT, DCA and Miami -Dade County Public Works Department). Sincerely, KEITH,and SCHNARS, . Engine Ors, Planners, a Ars r Gil,• ! � Cathy 4S.Sw etap le Senior Transborta ion Planner CSSlkii cc: Sid Atzmon (Beacon TradePort Associates) Robert Del Rio (Hexagon Transportation Consultants, Inc.) Dickson Ezeala (DCA) John Kim (Miami -Dade County) Leon Maya (Miami -Dade County) Carter McDowell (Bilzin Sumberg) Guillermo Olmedillo (Beacon TradePort Associates) Eric Silva (SFRPC) Phil Steinmiller (FDOT) N;1Transportaiian P1enn1ngLPmjects12OM15774WQPC 12.7-OMTe1eOXMric9tlan FadlilieslwdS M3-t-01.wpd TRIP GENERATION STUDY for TELECOMMUNICATION FACILITIES Prepared for: Beacon TradePort Associates Limited Partnership, et.al. Prepared by: Keith and Schnars, P.A. 6500 North Andrews Avenue Fort Lauderdale, Florida 33309 February 2001 Keith and Schnars Project Number 15774 (e Luii; Ro*i§u rida Reaistrati Nu 45596 01 i TRIP GENERATION STUDY FOR TELECOMMUNICATION FACILITIES TABLE OF CONTENTS 1. INTRODUCTION...................................................................................... ...................... 1 II, DESCRIPTION OF THE LAND USE..................................................................................1 III. IDENTIFICATION OF SURVEY SITES................................................................................2 IV. DESCRIPTION OF TELECOMMUNICATION FACILITY SITE ACTIVITIES ............................... 4 V. DATA COLLECTED ....................................................................................................... 4 VI. TRIP GENERATION RESULTS........................................................................................ 4 Vil. CONCLUSIONS............................................................................................................7 LIST OF TABLES Table 1— Business Name, Location and Size of Survey Sites ...................................................... 3 Table 2 - Summary of Trip Generation Results for All 13 Survey Sites ........................................... 5 Table 3 - Summary of Trip Generation Results for South Florida Survey Sites ................................. 6 LIST OF ATTACHMENTS Attachment I Location Maps, Aerial Photographs and/or Site Photographs for Each Survey Site Attachment II Peak Hour Driveway Data Summaries for Each Survey Site Attachment III ITE Trip Generation Data Forms (Parts 1 and 2) for Each Survey Site Attachment IV Regression Analyses and Standard Deviation Calculations mirransporta6n PlanninglProjeasl15774WOPC f2-7-Wahle of Conteds 2-1341.doc Trip Generation Study Keith and Schnars, P.A. For Telecommunication Facilities February 2001 Paget 0 011 INTRODUCTION Keith and Schnars, P.A. has prepared this Trip Generation Study for Telecommunication Facilities to establish AM and PM peak hour trip generation rates for use in conjunction with the NOPC Application submitted to Miami -Dade County for the Beacon TradePort DRI., The rates developed herein build upon the telecommunications facility database developed in San.Jose;'Califomia by Hexagon Transportation Consultants, Inc., which was developed after surveying nine (9) facilities located in California and one (1) facility located in Virginia. Keith and Schnars Q.A. has added three (3) survey sites from South Florida to the Hexagon database, to reflect trip generation results using a total of thirteen (13) survey sites. This trip generation study has been performed consistent with the guidelines and standards described in Chapter 4 of the ITE Trip Generation Handbook. II, DESCRIPTION OF THE LAND USE In conjunction with the development and popularity of the Internet, a new land use has emerged as a direct result of the growth in the telecommunications industry. These land uses are commonly referred to as "Colocation Facilities", "Data Centers" and "Telecommunications Facilities". These uses generally locate near fiber optic cables and occupy specifically designed and fortified spaces within industrial and warehouse environments. The uses require large open areas for the placement of mechanical equipment such as servers, switches and routers, and are supported by a very small employee population. In Florida, the structural building shell is constructed to withstand category S hurricane wind loads, and the building interior is designed with special cooling and refrigeration systems surrounding the mechanical spaces. These uses have been found to demonstrate similar characteristics from the perspective of traffic impact, and can generally be described as outlined below: ■ Colocation F=acilities These are large data centers, which house racks of computer servers. Racks are typically located inside cages on a raised access floor and are arranged in rows. Multiple companies lease cages from the colocation provider to house their servers. Typically servers will occupy about 70% of the building space. The remainder is typically a security command center, mechanical and electrical utility space, conference rooms, break rooms and restrooms. ■ Data Center A data center is typically a single user facility and Internet Service Provider (ISP), These facilities are similar in design and space allocation to the colocation facilities described above, however the most significant difference is that these data centers are occupied by a single company whose servers are located in racks, and since they are not shared with other users, cages are not necessary to separate leased areas. ■ Telecommunications Facilities These facilities are built similar to the data center, but instead of servers, they house communications routers and switches for directing communications traffic. These routers and switches will be mounted on racks and arranged in rows. Trip Generation Study Keith and Schnars, P.A. For Telecommunication Facilities February 2001 n „Z) III. IDENTIFICATION OF SURVEY SITES As a result of the relatively new nature of these developments, there is very limited information available with respect to traffic generation and related characteristics. As such there are a number of firms including Keith and Schnars, P.A. that are actively pursuing the collection and analysis of traffic data related to these new uses. Our office has been provided with trip generation and site characteristic data from Hexagon Transportation Consultants, Inc., a San Jose, California based company. They have been kind enough to provide our office with trip generation information resulting from AM and PM peak hour site surveys conducted at nine (9) sites located in suburban California and one (1) site located in suburban Virginia. This information was previously submitted to (and approved by) the City of San Jose in order to develop AM and PM peak hour trip generation rates for the telecommunication facilities. The survey sites from California are primarily located within Silicon Valley, a suburban community (served by multiple freeways) like South Florida, which is highly dependent upon the use of the private automobile, The survey site from Virginia is also located in a suburban community served by freeways thus, it is also dependent upon the use of the private automobile. Based upon our research efforts to identify similar local facilities, our office was able to locate three (3) telecommunications facilities in the suburban areas of South Florida to further enhance the trip generation database, and to ensure adequate representation for Florida sites. The South Florida facilities are located in the urbanized areas of the City of Pompano Beach (Broward County, Florida) and the City of Boca Raton (Palm Beach County, Florida). AM and PM peak hour site surveys were conducted at the South Florida locations, and the results were both summarized separately and combined with the survey sites provided by Hexagon. Attachment I of this study includes a series of maps, aerial photographs andlor site photographs for each of the thirteen (13) survey sites, which illustrate their compatibility with South Florida; and to show their driveway access, where possible. Pursuant to Chapter 4 from the !TF Trip Generation Handbook, the survey site database used to develop the trip generation rates for telecommunication facilities meets or exceeds the minimum standards outlined by ITE. At least three (3) survey sites are needed to establish a local trip generation rate. Table 1 outlines the business name, location and building size of each telecommunication facility surveyed. Trip Generation Study Keith and Schnars, P.A. For Telecommunication Facilities February 2001 2 10\ ! Table 1 Business Name, Location and Size of Survey Sites Business Name Location Use Category Building Size AOL (Virginia) 7777 Infantry Ridge Road Data center 220,000 sq.ft, Manassas, VA Netscape (Mountain View) 475 Ellis Street Data center 65,556 sq.ft Mountain View, CA Exodus (Santa Clara) 2401 Walsh Avenue CoLocation 144,900 sq.ft. Santa Clara, CA Global Center (Sunnyvale) 1215 N. Borregas Avenue CoLocation 100,800 sq.ft. Sunnyvale, CA Globix (Santa Clara) 2807 Mission College Blvd. CoLocation 60,504 sq.ft. Santa Clara, CA Hurricane Electric (Fremont) 760 Mission Court CoLocation 42,000 sq.ft. Fremont, CA Qwest (Sunnyvale) 1400 Kifer Road CoLocation 193,720 sq.ft. Sunnyvale, CA Williams Comm./Electric Light Wave 3045 & 3075 Raymond Street Telecommunications 54,000 sq.ft. Santa Clara, CA PacBell (SJ 21) 2211 Junction Avenue Telecommunications 40,000 sq.ft. San Jose, CA PacBell (SJ 12) 6245 Dial Way Telecommunications 50,000 sq.ft. San Jose, CA Network MCI Pompano Business Park Telecommunications 51,663 sq.ft, 600 Southwest 16 Terrace Pompano Beach, FL Telephonica 500 South Dixie Highway Telecommunications 29,280 sq.ft. Boca Raton, FL Tyco 6503 West Rogers Circle Telecommunications 19,575 sq.ft. Boca Raton, FL Trip Generation Study Keith and Schnars, P.A. For Telecommunication Facilities February 2401 3 .� .fir �" .4! .�_ � • IV. DESCRIPTION OF TELECOMMUNICATION FACILITY SITE ACTIVITIES The sites described in the previous section are 24-hour operations that have a need and desire to remain secure and inconspicuous for security reasons. Since many of these facilities house large computer databases and servers for #financial ;institutions and national companies with varying needs for confidentiality and security, these facilities are generally not marked by large signs or company identification. The facilities are secure, not open to the public, are often fenced and gated based on location, have security staff (frequently armed), and do not divulge information about the facility as a matter of policy without corporate approvals. This typical profile of these sites is provided to make the reviewer aware that much of this information presented in this report was not publicly available and was gathered by conducting telephone interviews with sales and operations executives and managers of these facilities combined with field observations and the review of architectural plans for new facilities. Employees The employee population for these facilities reflects an extremely low density failing below a warehouse use. These facilities differ greatly from warehouse in that they are not characterized by frequent trucking or distribution activities. The employee density being reported ranges from one (1) employee per 3,500 gross square feet of building area to one (1) employee per 28,500 gross square feet of building area on the maximum core shift. This shift can include the standard maintenance and security personnel in addition to administrative, technical, and sometimes sales personnel. The second and third shift (at night) each typically represent twenty percent (20%) of the maximum shift, and are largely comprised of security and maintenance personnel. Trips The AM and PM peak hour trips entering and leaving the telecommunications facilities reflects delivery service and building maintenance personnel trips in addition to the trips generated by employee shift arrivals and departures. V. DATA COLLECTED Attachment II of this study provides the AM and PM peak hour inbound and outbound driveway counts collected manually for each .survey site. The data has been recorded in fifteen (15) minute increments and has been summarized to isolate the AM and PM peak hours. Driveway.counts at each survey site were collected on average weekdays (Tuesday, Wednesday or Thursday) during the typical AM and PM peak hours (from 7:00 am to 9:00 am and from 4:00 pm to 6:00 pm). Data was collected for one (1) day at the Virginia, California and Pompano Beach sites, and two (2) consecutive days at the Boca Raton sites. It was determined that these uses are unaffected by seasonal variation. The data .and information collected for each survey site has been transcribed to the ITE Trip Generation Data Form (Parts 1 and 2), for submittal to ITE. The ITE forms are included in Attachment III of this study. VI. TRIP GENERATION RESULTS Using the data summaries included in Attachments II and Ill -of this study, Table 2 has been prepared to calculate the weighted average peak hour trip generation rates for all thirteen (13) survey sites, while Table 3 has been prepared to calculate the weighted average peak hour trip generation rates for the three (3) South Florida survey sites alone. Table 2 indicates an overall AM peak hour trip generation rate of 0.262 trips per 1,000 square feet of floorspace, and a PM peak hour trip generation rate of 0.288 trips per 1,000 square feet of floor space. Table 3 indicates an Allt peak hour trip generation rate of 0.318 trips per 1,000 square feet of floor space, and a PM peak hour trip generation rate of 0.259 trips per 1,000 square feet of floor space. Trip Generation Study Keith and Schnars, P.A. For Telecommunication Facilities February 2004 4 TABLE 2 SUMMARY OF TRIP GENERATION RESULTS FOR TELECOMMUNICATIONS FACILITIES 02/14/2001 BUSINESS NAME REF BUILDING SQ.FT. AM IN AM OUT AM TOTAL PM IN PM OUT PM TOTAL AOL Virginia (Manassas) 2 220,000 41 71 48 4 3.5 39 Netscape (Mountainview)2 65,556 8 3 11 4 9 13 Exodus (Santa Clara �_ 144,900 47 27 74 27 66 3.7 93 Global Center Sunnyvale 2) 100,800 19 _16 35 2.0 _ 57 Globix (Santa Clara �2] 60,504 28 5 33 5 _ 12 _ 17 Hurricane Electric (Fremont) _ 2 42,000 3 1 4 1 8 4 _24 5 _ 32 (Sunnyvale) [2} 193,720_ 17 3 20 _Qwest Williams Comm/Elec. Light Wave 2 54,000 4 0 4 1 2 3 PacBell (SJ 21) (San Jose) _[2 �2) 40,000 6 1 _7 5 _ _ 7 _ 12 _PacBell SJ li ..)(San Jose) 50,000 11 2 13 4 8 __ 12 Network MCI (Pompano, FL �-1.j 51,663_ 15 2 17 0 11 11 Tefephonica (Boca Raton, FL) 1 29,280 10 1 11 4 4 8 Tyco Boca Ratan FL 1 19,575 3 1 4 2 7 TOTALS 1,071,998 212 69 281 85 224 309 DIRECTIONAL SPLIT 75% 25% 100% 28% 72% 100% TRIP RATE PER 9,000 SQ.FT. 0-1981 0,064 0.262 0,079 0.209 0.288 [11 SOURCE: SITE LOCATED AND COUNTED BY KEITH.AND SCHNARS, P.A. AND PROGRESSIVE DESIGN AND ENGINEERING INC. [21 SOURCE: SITE LOCATED AND COUNTED BY HEXAGON TRANSPORTATION CONSULTANTS, INC., SAN JOSE, CALIFORNIA. I�= F Otran"dation pfannin4%projec1s115774t20001nopc 12-7-Wtelecommunication faciiities�switch4mM 40 TABLE 3 SUMMARY OF TRIP.GENERATION RESULTS FOR TELECOMMUNICATIONS FACILITIES IN SOUTH. FLORIDA 02/14/2001 USE BUSINESS NAME REF BUILDING Saa=T. AM IN AM OUT I AM TOTAL PM IN I PM OUT 1 PM TOTAL Telecom _ 0 9 �� -- 4 2 - —fi- 11 --- -- 4 5 ----- -ZQ _ 0 f1 — - 8 Network MCI (Pompano, FLL_T Telephonica (Boca Raton, FL Tyco Boca Ratan, FL) _ Subtotal [1] 29,284 2rE__E3'2__ 17 (1� 111 10 711 19,57_5 3 1 4 7 -- 26 100518 28 4 --TOTALS ---DIRECTIONAL SPLIT _ 100,518 28 4 32 20 77% — 26 100% - _ 88% -- 13% 100% �6 23% TRIP RATE PER Z 000 SQ.FT. 0.279 0.040 0.318 0.060 �µ 0.199 0.259 111 SOURCE: SITE LOCATED AND COUNTED BY KEITH AND SCHNARS, P.A. AND PROGRESSIVE DESIGN AND ENGINEERING INC. nAtmnsportallon p1ann1nglpmjec1s1157741nopc 12-7-MeleconununicaUon facllitles%swllch4.wk4 rpt 40 0 Using the guidelines from Chapter 4 of the ITE Trip Generation Handbook, analysis of the data collected can yield either an appropriate weighted average rate or an equation (linear or exponential) using regression analysis. In general, the accepted use of the weighted average trip generation rate requires at least three (3) data points, with a computed standard deviation that is not more than 110 percent of the weighted average rate. The accepted use of regression analysis requires at least four (4) data points, with a computed R2 value of at least 0.75. Regression analysis was performed for the data set (as indicated in Attachment IV of this study), to determine the most appropriate method for estimating trip generation. The regression analysis results indicated that acceptable R2 values were not achievable for either the AM or PM peak hours. The analysis did show however, that the computed standard deviation for the data set fell within acceptable ranges to support the validity of the weighted average AM and PM peak hour trip generation rates. The methods used to perform the regression analysis and standard deviaticn calculations are consistent with the guidelines and standards from Chapter 4 of the ITE Trip Generation Handbook, Vll. CONCLUSIONS Using the data summaries and analysis methods included in this study, and based upon the guidelines and standards presented in Chapter 4 of the ITE Trip Generation Handbook, the proposed trip generation rates for telecommunication facilities are based upon the weighted average of the AM peak hour and PM peak hour data for all thirteen (13) telecommunication survey sites. The resulting rates are provided below: AM peak hour trip generation rate: 0.262 trips per 1,000 square feet of floor space, and PM peak hour trip generation rate: 0.288 trips per 1,000 square feet of floor space. NATransportation PlanningTrojecW57741NOPC 12.7-0MTdp Gen study 2-13-01 40c Trip Generation Study Keith and Schnars, P.A. For Telecommunication Facilities February 2001