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HomeMy WebLinkAboutR-99-0973J-99-928 12/14/99 RESOLUTION NO.o �� �` 4 0 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DRI") MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NO. 91-698 ADOPTED SEPTEMBER 26, 1991, RESOLUTION NOS. 94-849 AND 94-850 ADOPTED NOVEMBER 17, 1994, RESOLUTION NO. ADOPTED 98-219 FEBRUARY 24, 1998, RESOLUTION NO. 98--787 ADOPTED JULY 21, 1998, RESOLUTION NO. 98-1153, ADOPTED NOVEMBER 17, 1998, AND RESOLUTION NO. 99-159, ADOPTED FEBRUARY 23, 1999), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", BY AMENDING THE MASTER AND INCREMENT I DEVELOPMENT ORDERS ORDER TO: IN 1) EXTEND THE BUILDOUT AND TERMINATION DATES TO REFLECT APPROPRIATE TOLLING PERIOD FROM APPEAL; 2) CLARIFY THE COMPLETION DATES FOR INDIVIDUAL PROJECTS APPROVED UNDER INCREMENT I OF THE DRI; AND 3) AMEND LANGUAGE TO CLARIFY THAT SIMULATANEOUS INCREASES AND DECREASES IN LAND USE CATEGORIES MAY BE APPROVED WITHOUT NECESSITY OF A NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DRI; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM CHAPTER 380, FLORIDA STATUTES (1997); AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact ("DRI"); and CITY COMMISSION MEETING OF DEC 1/t1999 Resolution No. A ' Resolution No. 87-1149 approving the Increment I Development Order for the DRI; and WHEREAS, there is a need to modify and clarify certain language pertaining to buildout and termination and simultaneous increases and decreases in development credits in order to more effectively implement the DRI; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 20, 1999, following an advertised public hearing, adopted Resolution No. PAB 46-99 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the DRI with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (1997), the Downtown Development Authority submitted a "Notification of a Proposed Change to a Previously Approved DRI" ("NOPC"), to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs on October 29, 1999; and WHEREAS, on December 14, 1999, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I Development Orders for the DRI as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the DRI; and WHEREAS, the City Commission deems it advisable and in the best public interest, and, the general welfare of the City of Miami, to amend the Master and Increment I Development Orders for the DRI as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendment to the Master Development Order for the Downtown Miami Development of Regional Impact ("DRI") (Resolution No. 87-1148, as amended) (a) does not constitute a substantial deviation and, therefore, does not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1997); and (b) is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendment to the Master Development Order for the DRI (Exhibit "A") is hereby approved. Section 4. The proposed amendment to the Increment I Development Order for the Downtown DRI (Resolution No. 87-1149, as amended) (a) does not constitute a substantial deviation and therefore, does not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1997); and (b) is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section S. The attached amendment to the Increment I 3��- Development Order for the DRI (Exhibit "B") is hereby approved. Section 7. This Resolution shall become effective forty-six (46) days from the date of adoption." PASSED AND ADOPTED this 14th day of December , 1999. JOE CAROLLO, MAYOR In accordance with Miaat t;od'a Sec. 2-$6. since the Mayor did not indicate approval of this l4 gislation by signing it in the designated p ca provided, cad {e!*, to- " N becomes effective with the elapse of ten (10 as from the f C;ommissic n regarding same, without the Mayor, exer sjn vetg�� ; ATTEST: WAL'TER J . FOEMAN CITY CLERK. .s� AP CORRECTNESS: I Zr ATTORNEY 898:GMM:eij:BSS City Clerk V This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. V 1 ► {', t^ if 9 4 sl41)— r_✓ i 0 - - J-99-187 2/23/99 RESOLUTION NO. 9 9 - 159 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING RESOLUTION NO. 98-1153, ADOPTED NOVEMBER 17, 1998, BY SUBSTITUTING EXHIBITS B-1 AND B-2 FOR EXHIBIT THE CUMULATIVE. EFFECT OF THE LAST TWO AMENDMENTS TO THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRIB MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149, ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTI0N NO. 91-698 ADOPTED SEPTEMBER 26, 1991; RESOLUTION NOS. 94-849 AND 94-850, ADOPTED NOVEMBER 170, 1994; RESOLUTION NO. 98-219, ADOPTED FEBRUARY 24, 1998; RESOLUTION NO. 98- 78?, ADOPTED JULY 21, 1998; AND RESOLUTION N0. 98-1153, ADOPTED NOVEMBER 17, 1998), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUHIBITTHORITY AND MORE PARTICULARLY DESCRIBED IN EX"A," FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL, DEVIATION PER CHAPTER 380, FLORIDA STATUTES (1997); ALSO FINDING THAT THIS AND CONFORMITY WITH IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adapted Resolution No. 87-1148 approving a Master Development Order the Downtown Miami Development of Regional Impact and Resolutionfor No. 87-1149 approving the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, on July 21, 1998 and November 17, 1998, the Cit Commission Resoluti ado ted y P on Nos. 98-787 and 98-1153, CITY CobmssION FETING OF FEB 2 3 1999 Resolution No. respectively, amending the Downtown Miami Development of Regional Impact; and WHEREAS, Resolution No. 98-1153 did not accurately reflect the cumulative effect of the amendments described herein due to the fact that the second amendment was filed prior to the effective date of the first amendment; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 17, 1999, following an advertised public hearing, adopted Resolution No. PAB 07-99 by a vote of seven to zero (7-0) RECONIlMENDING APPROVAL of the Proposed amendments to Resolution No. 98-1153 pertaining to the Downtown Miami Development of Regional Impact; and WHEREAS, on February 23, 1999, the Miami City Commission held a Public hearing on the proposed amendments to Resolution No. 98-1153 pertaining to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto to substitute Exhibits B-1 and B-2 for Exhibit "B" of said Resolution; and WHEREAS, the ci t-ir - &-ZA"t a.LI requirements of notice and other legal requirements have been complied with for said amendment; and WHEREAS, the City Commission deems it advisable and in the best public interest and the general welfare of the City of Miami to amend Resolution No. 98-1153 as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE --COMMISSION OF TH OF MIAMI, FLORIDA: E CITY 2 - v Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendment to Resolution No. 98-1153, adopted November 17, 1998, adopted November 17, 1998, pertaining to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact (Resolution Nos. 87-1148 and 87-1149, as amended), does not constitute a substantial deviation and, therefore, does not rewire further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1993). This amendment is in conformity with the Miami Comprehensive Neighborhood Flan 1989-2000. Section 3. The attached Exhibits B-1 and B-2 hereby replace Exhibit "B" of Resolution No. 98-1153. Section 4. This Resolution shall become effective f:. - 3 - V13 11 immediately upon its adoption and signature of the Mayor:. PASSED AND ADOPTED this 23rd day of February 1999. JOE CAROLLO, MAYOR In accordance with Miami Cade Sec.2.36, since the Mayor did not indicate spDrovi! of this legislation by signing it in the designated place -Irnuided, gait lepi;t.^ ' becomes effective with the elaPSe,& ten 10 da51 re atdin vo ) m the d2f of C.^,.'atrr'' .ten ��p�� �r 9 �nZe1 dNrtllO{it the � e]carr_,CieA a F61r.b. ATTEST: WALTSR J - -FOBMAN CITY CLERK APPROVED AS-t5 $6Rr4 AND CORRECTNESS .� .fr• .rf 4L>3 0 ORKEY �3253 : GMM:BSS : hdb: csk City 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. 4 - EXHWIT "All Explanation of Change in Land Use Category The Increment I development order increase and decrease certain land (Res.#87-1149), page 3, allows the City to simultaneously changed win not exceed the adverse tee' �l impacts that the regional impacts of the land uses as as originally approved, as measured by o� Pacts of W� Ind uses in Increment I of the project Peak hour vehicle trips•'. On November 26,1997, the Applicant filed a Notice of Proposed Change requesting an increase in the number of seats permitted in the from sting n increase seats permitted in Increment I to order g (the "November category �) American Airlines Arena the °' Attractions/�eCyelopm category ( Arena" to permit the development of the office use category by 81,873 )' The November NOPC provided for a die 49 PM peak hour trips associat gross the 2 000 seet ick number was needed b e h° �e Provided in Table 1 attached. As arrived at by the dividing the the A Part of the November NOPC a y e office trips per square foot Arena (the "Operator' the City, the DCA and the A approval process, the Operator of collectively referred to as the I d• pplicant ere' use were not sufTcient to artier ) agreed that the decrease in unreservedse credoafter sometimes PM or end between 4:00 M and 00 Phe �(the "tor toSoled events which s credits for office and Condition No. 33 of the Development Order tine"Condition,,) ,/ tart between 5:00 PM and 7:00 November NOPC states the following - a. Dame Events" ). The Parties did agree' ( "Condition )adopted in connection with the b "In the event the Applicant files a future NOPC, the Development Ord issued in connection therewith will restrict the uhIization �f the Arena Order no more than ten (10) Special Da a to five Special Ytimh Events each year which win include () Daytime Events which utilize the full house (80% or more of the 19,600 seat capacity), together which utilize a limited house (between 60%eand 80 %� ofal Ythe 19, Events capacity)." 9600 seat The Condition further states that the future NOPC would aeons/recreation transfer for the ten (10) Special Daytime Events in square feet. Provide for an office to the amount of318,496 The Condition also recognizes that there would be certain peak employees, vendors and other Personnel (the "Employees the Applicant doles the future NOPC, the Applicant " P hour trafficthat thimpacts from employees by a further reduction in the o ,e)' The Parties agreed that in the event would provide for the impact of such Notice of Proposed Chan office category of 58,832 square feet. Therefore, this Change Provides for the reduction of office square footage of 404,478 square felt (345,646 square feet for the Special Daytime Events and 58,832 The actual number of seats permitted in the attractions/recre square feet for Employees). increased. The 24,000 seats which w anon cafe o and there is h increase24,as approved for the Arena already includes s ch Empl not ut the capacihv Of the �'� required to hold the Special Daytime Eve nts. R4M5 2269012 • LXC ,-- • 7/20MB C'i' a— t vo Exhibit ,at, Master Development Order 1NC��NT I DEVELOPMENT Master NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authori AIiTgOR1ZED AGENT OF DE t3' of the City ofllfiami 'ELOPER. Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Sl �opment • �3'� Assistant Director, City of Miami Planning, Building Department, or their successors: and Zoning PROJECT DESK ON: The Project consists of development in 2014, including Downtown Miami through the Year the following Land uses and increments: nd uses tmsce (gross sgnam feet)- COs ernment offi e L'ross square feet) Rewusemics ss Sq� feet) Hotel (room) Residential (dn eM ng unib) Com enWn (gross square feet) Wholesale/Industrial (gross square feet) Insututional ( gTo" 29uare feet) Attract 10"fReCreatfon ( scab) Marine Faces � uu�s - izc Increment I Increment II Buildout- Bui7dout- ea 30 9 9 ea 30 2 UO 6495, % 6 190.9 88 300,000 1,050,000 1,500 3,550 500,000 1,050,000 300,000 30,500 230,000 25 3,600,000 250,000 400,000 500 2,550 0 0 0 1,600 Increment III Buildout- ec.3 2 d 3,700,000 200,000 500,000 1,100 2,920 0 1,050,000 300,000 5,000 otais +3A9&106 13 90 28 750,000 1,950,000 3,100 9,020 500,000 2,100,000 600,000 37,100 230,000 � -- 073c STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) 1, WALTER J. FOE4IAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered I through 7, inclusive, constitute a true and correct copy of a Resolution with attachments passed and adopted by the City Commission at the meeting held on the 17`* day ofNovember,1998. SAID RESOLUTION WAS DESIGNATED AS RESOLUTIONNO 98-11 S3 IN WITNESS WHEREOF, I hereunto set my hand and impress the official seal of the City of Miami, Florida this 134 day of danuary,1999. WALTER J. FOEMAN City Clerk Miami, ,4 _ ./ \ Deputy Clerk (OFFICIAL SEAL) NAME OF DEVELOPMENT: NAME OF DEVELOPER: Miami Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER Downtown Miami Downtown Development Authority of the City of AUTHORIZED AGENT OF DEVELOPER: Matthew e a Pa i_ i a A 1 1 en Executive Director, Downtown Development Authority and Sergie Rem r.o�rdes Sia_y , Assistant Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment III LanA n,�a Buildout- nAn- in., lagg Buildout- nPe_ 30, 2nng Buildout- DQC- In 2O14 To aIa Office 6, 6:;;, 3,600,000 3,700,000 1'�,����, (gross square feet) 6,595,406 13,895,406 Government 300,000 250,000 200,000 750,000 Office (gross square feet) Retail/Service 1,050,000 400,000 500,000 1,950,000 (gross square feet) Hotel (room) 1,500 500 1,100 3,100 Residential. 3,550 2,550 2,920 9,020 (dwelling units) Convention 500,000 0 0 500,000 (gross square feet) Wholesale/ Industrial 1,050,000 0 1,050,000 2,100,000 (gross square feet) Institutional 300,000 0 300,000 600,000 ( gross square feet) Attractions/ 47-549 1,600 5,000 la, 3:0 Recreation 30,500 37,100 ( seats ) ---- Marine Facilities 230,000 230,000 - 1 - �. z H_ Pursuant to F.S. 380.06(22) (1484 the total amount of 19.4Z) , the Project specifies development planned for each land category, but provides flexibilityfor such development to use .located an P be anywhere within the Project Area, subject to local land development regulations. The Project Area includes all propert within the boundaries of the Downtown Develo AuthorityP Y ment the exception of that area between NE P Y� with known as "Park West � 5th Street and I-395 described in Exhibit a2 illustrated on the map in Exhibit 1 and hereto. The Project Area contains a total of approximately 839 acres of land approximately 78 acres currently • including parks, y©ned and developed as City LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, following terms shall be defined as follows: P the ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami. the DDA on November 25, 19filed by 86, pursuant to F.S. 380.06 (as}gy a2iZ) . CADA or Consolidated Application for Development Approval: revised ADA prepared pursuant The paragraph 16 on page 13 herein. Certificate of Occupancy: A Permanent partial Certificate of occupancy Pssued,or temporary and/or of the South Florida Building Code,fords u scant to Section 307 as defined herein, Y New Development" City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority:�. The Downtown Development 2 - Authority of the City of Miami, Florida. DERM: The Metropolitan Miami --Dade County Department of Environmental Resources Management, Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance Na_ 9rgg i,nnn Ordinance of the City of Miami, as amended. the Zoning 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 wholesale/industrial or institutional uses. Land uses to be convention, 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. Anyity which has date of this Development Orderctav valid building permit on the effective currently effective Development Order shall notbein luded any Net New Development. The Planning ma Director New Development an Y exclude from Net y small development under 10,000 square feet in floor area, if he finds that such development would have no regional impact as ttieasured by peak hour vehicle ''rips. ho M Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION% on Page 1 herein. 31 Project Area: The area included within the legal description in Exhibit 2. 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 piaster Development Order, as may be modified pursuant to F. S. 380.06 (19) (198-� 22-U) , and which shall be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities �� ���,� •,-,•-, 6� 59S _ 406 gross square feet 300,000 gross square feet 11050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 67-5-09 3L 500 seats 230,000 gross square feet 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 � -- 973 4 - '9'a 0,-9 regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby, approved, subject to the following conditions: THE CITY, ITS SUCCESSORS' AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT,. PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1.. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. a._ Thi G Da ,a� ^nmen Order r3na� not r+>>rattthnr� on rhp -... n Lnr-11) whi rii �rarr, berw n S • nn � m enri 7 nn n m nr end - 5 - 973 77777 FR- 0 2— 3A� I m 41 STMel t-- 6 od�—Tol mwu=aTr:--To- PV- 4116 SMAMOtiM ZAN OR m will, -As -0-- zc=vg gal"I 45i (--mjR'j-4Tz j'jW-jj =ISO ie EXHIBIT B Exhibit Master Development Orc MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Development AuthoritPatricia Allen, Executive Director Dow ntown y and Lourdes Slazyk, Assistant Director, City of Miami annin Building and Zoning Department, or their successors. PInning, PROTECT DESCRIPTION: The Project consists of development in Downtown Miami the Year 2014, including the following land uses and increments: thmug Increment I Buildout- Increment 11 Increment III Land uses Dec. 30, 1999 Buildout- Dec. 30, 2005 Buildout- Office Dec. 30, 2014 Totals (gross s square feet)- 3 681 890 Government Office 3,600,o00 3,700,o00 (gross square feet)- 300 000 10,981,890 Retail/service 250, 000 200, 000 (gross square feet) 1 ?50, 000 Hotel (room) 1050,000 ' 400,000 500,000 1,950,000 Residential 500 Soo 500 (dwelling1,100 Convention �j 10,550 2,550 6,100 (gross square feet) 2,920 16,020 Wholesale/ Industrial 500,000 0 square feet) 050 000 0 500,0oo Institutional ituInstitutional1 ( gross square feet) 0 I,OSQ,000 2, I00,000 Attract ions/Recreation 300,000 0 300,000 ( seats ) 600,0oo Marine Facilities 30,500 1,600 5>QQQ 37,100 230,000 0 0 230,000 98---1153. 1QQ � - 5736 EXHIBIT B- Increment I Development �� p Ord': _: INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT.- Downtown Miami NAME OF DEVELOPER: Downtown Development Authorit AGENT OF AUTHORIZED DEVELOPER:'' of the City of Miami Development Authority and Lourdes PatriciAllen, Executive Director, Patricia SlazY,k, Assistant Director, Cito Downtwi $g Partment, or their successors. wilding and Zoning De y of Miami Planning 1= PROJECT DESCR1pROH; The Project consists of development the Year 2014, including the following land uses and Pmnt in Downtown Miami asnaOu Increment I Increment lI Land uses Buildout- Buildout- Increment III Dec. 30, 1999 Dec. 30, 2005uildout- Ofiice Dec.D30, 2014 Totals (gross square feet)- Government Office 3 681 890 3 600,000 ' , Russ square feet) 300 000 3,700,000 10,981,890 /service 250,000 (gross square feet) 200,000 750,000 RoteI 1,050,000 400, 000 (mom) 500,000 1,950,000 Residential 4,500 500 (dwelling units) 11100 6,100 Convention 10,550 2,550 (gross square feet) 2,920 16,020 wholesale/ Ind.trW 500,000 0 (gross square feet) 0500 500,000 Institutional 1,,000 ° 10 ( gross square feet) ,50,000 3002,100, 000 Attract ions/Recreation ,000 0 ( seats) 300,000 600,o00 30,500 1,600 Marine Facilities 230,000 51000 37,100 Note: These fi res ar_d buildout dates contain 230,000 Order reviousIV a roved by Resolution Nos. 91 698 tents to the Do 98 1_ 153. Down Develo men 94-849 94-850 98-219 98-787 an, 2 h Exhibit "B" Master Development Order INCREMENT I DEVELOPMENT ORDER NAME .OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Slazyk, Assistant Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Buildout- T. nA va a nnpm- In. I Office 6, 6:;:;, (gross square 6,595,406 feet) Government 300,000 Office (gross square feet) Retail/Service 1,050,000 (gross square feet) Hotel 1,500 (room) Residential 3,550 (dwelling units) Convention 500,000 (gross square feet) Wholesale/ 1,050,000 Industrial (gross square feet) Institutional 300,000 ( gross square feet) Attractions/ 6,50 Recreation 30,500 ( seats ) .� Marine 230,000 Facilities Pursuant to, F:S. 380:06(22 Increment II Buildout- nec_ in, 2nns 3,600,000 250,000 400,000 500 2,550 1,600 Increment III Buildout- Dee_ an, 2014 3,700,000 200,000 500,000 1,100 2,920 0 1,050,000 300,000 5,000 Tatals 13,895,406 750,000 1,950,000 3,100 9,020 500,000 2,100,000 600,000 13, 18 A 37,100 230,000 (1987 1997) , the Ptaject specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT -PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on. November 25, 1986, pursuant to F.S. 380.06 (i98-7- 1997) . CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority ofC•the City of Miami, Florida. - 2 - �3 49 3 ..0 DERM: The Metropolitan Miami -Dade County Department of Environmental Resources Management, Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by&the City Commission pursuant to Ordinance No, 95g$ linnp, the Zoning Ordinance of the City of Miami, as amended. 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. Parcel of Land: An ° ""�- y quantity of land capable of being described 99-- J'7 r with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. , 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) (198;L 1997), and which shall be measured by the following land uses: Office 6, ^•T^ 60 991;}4Q6 gross square feet Government Office 300,000 gross square feet Retail/Service 1,050,000 gross square feet Motel 1,500 rooms Residential 3,550 dwelling units Convention 500,000 gross square feet Wholesale/Industrial 1,050,000 gross square feet Institutional 300,000 gross square feet Attractions/Recreation 6,50G 3.Q,so0 seats Marine Facilities 230,000 gross square feet (► 1_� o wi - 4 - _ i .7 5 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 I of the Project as originally approved, as measured by total peak hour vehicle trips. ACTION TAKEN: i That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT -ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 573 J 311111 W IN Ito)•M4 L9lv4WeJ&Wja7;j--jo mlll&vAllP=-m2 F pli- W.Tw off PTZI • 1411110OF-Fore 11 11R- Will eft 'o - 2 f-) 3 J`98-105 2/24/98 RESOLUTION No. 21 19- A RESOLUTION, WITH ATTAENTS, DOWNTOWN MIAMI DEVELOPMENT OF , AMENDING THE ORD(DRIERS MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND ADOPTED DECEMBER 10, 1987, AS 87-1149 RESOLUTION NOS. AMENDED BYT91-698 ADOPTED SE 1991., AND RESOLUTION NOS. 94-849 BMBER 26, ADOPTED NOVEMBER 17, 1994), FOR THE AREA 80F THE CITY OF MIAMI UNDER THE THE DOWNTOWN DEVELOPJURISDICTION OF ' PARTICULARLY DESCRIBED EXHIBITS AUTHORITY AND R2 INCREMEN►TATTACHED HERBIO) , BY AMENDING THE MASTER AND SIMULTANEOUSLY IN DEVELOPMENT ORDERS BY QUANTITIES OF DEVELOPMENTCSIN CERTAING AND IN LAND SE SING THE CATEGORIES; ADDING NEW CONDITIONS; FI NDING THAT THESE CHANGES DO NOT SUBSTANTIAL DEVIATIONS PER CONSTITUTEFLORIDA STATUTES (199 7) ; A CHAPTER 380, ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 a p approving a Master Development Order for the Downtown Miami Development of Regional Impact, and Resolu No., 87-1149 approvingtzon the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, there is a need to increase the number of seats in the attraction/recreation land use category proposed to accommodate new develo development, while there p ere is asurplus of development in the office land use cate o unused g ry; and CITY COMMSSIOM ATTACHMENT bmENG OF /� A c ��� FEB 2 4 W8 .. 4i O N T A I X L� Aeacluttoa a, WHEREAS, the simultaneous increase and decrease in the aforementioned land use categories is compatible with the uses designated for the downtown area and does not conflict with the land use designations for the area as designated in the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and AREAS, the Miami Planning Advisory Board, at its meeting held on January 14, 1998, following an advertised public hearing, adopted Resolution No. PAB 04-98 by a vote of six to zero (6-0) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1997), on November 26, 1997, the Downtown Development Authority 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 on November 26, 1997; and WHEREAS, on January 27, 1998, the Miami City Commission held a Public hearing on the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the Downtown Miami Development of Regional 0 r73 2 Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF. THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by' reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendments to the Master Development 'Order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1148, as amended by Resolution Nos. 91-698, 94-849 and 94-850), which are attached hereto as Exhibit "B" and made a part hereof, 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. 1997). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendments to the Master Development Order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 4. The proposed amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Resolution•No. 87-1149, as amended), which are attached hereto as Exhibit "B" and made a part hereof, 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. 1997). These amendments are in conformity with the Miami Comprehensive Neighborbood Plan 1989-2000. Section S. The attached amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of February 1998. ZXAVIE—R L SUAREZ, MAYOR J ` v lJ 3 e 4 - fl PREPARED AND APPROVED BY: X 1G�tot,4.00 GEORGE K. WYSONG, I;I ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY 194: GKW: BS 5 a Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: "",'-`-hew Gehw its vat i _i a A7 1 e-n, Executive Director, Downtown Development Authority and 6egie r.o a gg Sla .yk, Assistant Director, City ,of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The .Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment III Land ugAa Buildout- ner__ lop IM Buildout- gpc_ 30, nons Buildout- nan-_Z0� 20-U TTta2-q Office 6, 6;-7-7 2:; 3,600,000 3,700,000 13, n77, 277 (gross square 6,595,406 ,- _ 13,895,406 feet) Government 300,000 250,000 200,000 750,000 office (gross square feet) Retail/Service 1,050,000 400,000 500,000 1,950,000 (gross square feet) Hotel 1,500 500 1,100 3,100 (room) Residential 3,550 2,550 2,920 9,020 (dwelling units) Convention 500,000 0 0 500,000 (gross square feet) Wholesale/ 1,050,000 0 1,050,000 2,100,000 Industrial (gross square feet) Institutional 300,000 0 300,000 600,000 ( gross square feet) Attractions/ 6,590 1,600 5,000 12,10 Recreation 30,500 37,100 ( seats ) Marine 230,000 230,000 Facilities - 1 - 019- 973 (4-9 - 0MV Pursuant to F.S. 380.06 (22) (9698:7 IM) , the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (9:98-:7 l 297) . CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or. Downtown Development Authority: The Downtown Development] - 2 Authority of the City of Miami, Florida. DERM: The Metropolitan Miami --Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance NQ_ .grgg „goo the Zoning Ordinance of the City of Miami, as amended. 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 are_al..if he finds that such development would have no regional impact as 'measured by peak hour vehicle trips. 009- C, 7 3 - Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page I. herein. Project Area: The area included within the legal description in Exhibit 2. 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) (9698-'7 1997), and which shall be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities 6, 677, 2 s-? 6,95 4O6i gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 6,509 30,Rp0 seats 230,000 gross square feet 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 v 0 - 5 - 4 - ti regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUES BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITS THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. FLU 9 9 gas NOW AOFTr, .ig NOT foltfit -o awe LY, --T-" RM boil •'Jon 0 - ILOIKOFZ�mf ire MR.-f 0-r7- ION 41. RMIN a&- z4mm oil is • =fWF.TToTSM Ste soce)@ 0=31 ITT:= eta 101z -boteimis -lima 6 9 p @Mal o-rzw A: TTzTaw 14 01=49'(Sm Ito) PTSITEY'-J� 41 ace) d��Ojmivziij e­,-,-, W-Im _r USY61 OW dIfOR IWO 80, I 04 we - mw--o �-lilomme-EM • 0 -IDOL.! POEM. oil oil Exhibit "A" Master Development Orderil MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana Gelabert, Director, or Lourdes Slazyk, Assistant Director, City of Miami Planning; Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment III Buildout- Buildout- Buildout- Land uses Dee. 30, 1999 ��:vn, 2005 Dec. 30, 2014 Totals May 28, 2003 May 28, 2009 May 28, 2018 Office (gross square feet)- 3,681,890 3,600,000 3,700,000 10,981,890 Government Office (gross square feet)- 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (room) 4,500 500 1,100 6,100 Residential (dwelling units) 10,550 2,550 2,920 16,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/ Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutioinal ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation ( seats ) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 0 0 230,000 IJ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 1 of 4 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated APylication for Develo anent A Koval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. Page 2 of Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year $$$-;� 20141 including the following land uses and increments: Land uses I-Xetsalt I Buildout- Office �c.30, 1999 ( gross square feet). t Office 6L677,277 - Re(tail/ gros� fit) 300,000 (�squares re feet) 1,050,000 �Residential ential 1,500 units) 3,550 C�ventiong (gross square feet) Wholesale/Industrial 500,000 (gross square feet) Institutional 1,050,000 s square feet) �ions/Reeron � 300,000 (seata)- _. Marine Facilities 6,500 _230,00OD - 1 - Increment II Buildout- Dec.30, 2005 3,600,000 250,000 400,000 500 2,550 0 0 0 1,600 r.; IncrwMt III Totals Dac.30. 2014 3,700,000 Z19 s,5g 13.977.277 200,000 750,000 500,000 11950,000 11100 3,100 2,920 9,020 0 500,000 1,050,000 2,100,000 300,000 600,000 5,000 13,100 230,000 lu 973 x Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category but provides flexibility for such development to be locate, anywhere within the Pd Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authorifi' with the exception of that area between NE/NW Sth Street andfI- known as "Park West% as illustrated on the map in Exhibit 39S described in Exhibit 2 attached hereto. The Project1 and contains a total of approximate' Area ly 839 acres of land, including approximately 78 acres currently zoned and developed as .Cit parks. y - Exhibit ,B,, Increment I Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2ee;L 2014, including the following land uses and increments: Land uses Increment IIncrement IIIncrement IIITotals Buildout- Buildout- Buildout- Office Dec' 0. 1999 D e c . 3 005 Dec. 0. 2014 (gross square feet)t ^°^ Cam^ 3,600,000 3,700,000 4— Government Office 6'�77,277 gam: l31977,27 (gross square feet) 300,000 Retail/Service 250,000 200000 750,00( (gross square feet)1,050,OOD Hotel 400,000 500,000 1,950,00i (rooms) 1,500 Residential 500 1,100 3,10r (dwelling units) 3,550 Convention 2,550 2,920 9,02( (gross square feet) 500,000 Wholesale/Industrial 0 0 (gross square feet)1,050,000 0 500,00 Institutional 11050,000 2,100,00 (gross square feet) 300,000 Attractions/Recreation 0 300,000 600,00 (seats.-.... . 6,500 Marine Facilities 230,000 1, 600 �: 51000 13,10 230,00 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total a development planned for each land use category, but provides flexibility of such development to be located anywhere within the Project Areal�ty for to local land development regulations. The Project Area includes alprop subject property within the boundaries of the Downtown Development Authority,1 property exception of that area between NE/NW 5th Street and I-395 know as n with the as illustrated on the map in Exhibit 1 and described in Exhibit Park Mest hereto. The Project Area contains a total of approximatelyit 2 attached land, including approximately 78 acres currently zoned and dev ope acres of elope parks. d as City t:. — 2 — LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). LAVA or Consolidated Ap lication for Development Approval: The revised ADA Prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occ------• A permanent or temporary and/'or partial Certificate Of Occupancy issued, pursuant to Section 307 of the South Florida Bulding Code, for any "Net New Development" as defined herein. Citys The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authorit y of the City of Miami, Florida. Da The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FOER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant--ta--Ordinance..9500, the Zoning Ordinance of the City of Miami, as amended. 3 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page I herein. Project Area: The area included within the legal description in Exhibit 2. `"7 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 may be modifiedas pursuant to F.S.f:380.06(19) (1987), and which shall be measured by the following land uses: Office67%*550 6 677,277 gross square feet Government Office 300,000 gross square feet Retail/Service 1,050,000 gross square feet Hotel 1,500 rooms Residential 3,550 dwelling units Convention 500,000 gross square feet Wholesale/Industrial1,050,000 gross square feet Institutional 300,000 gross square feet Attractions/Recreation6,500 seats Marine Facilities 230,000 or ss square fPPt The City may permit simultaneous increases and decreases in the above Bove 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 I of the Project as originally approved, as measured b t peak hour vehicle trips. Y otal FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: P th A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order 'is legally described in Exhibit 2. •C. The DDA filed the ADA with the City, the Council, and the; Florida Department of Community Affairs. D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomp-tished over an extended period of time by a-Iariety of developers, which may include the City. These developers may respond to market ] r0 3 — 6 — ,.�..�...$ demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. 6. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. N. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment 1," dated October 5, 1987. The South Florida Regional Planning Council recommends approval of Increment I of the Project, and all conditions to which such approval is subject are reflected herein. IS 1 — D r1 3 7 — �' K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. -PO. Increment I of the Project will efficiently use public transportation facilities. QPP. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. A4. Increment I of the Project will efficiently use necessary public facilities. �R. Increment I of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. -TS. Increment I of the Project will not adversely affect living conditions in the City. VT. Increment I of the Project will not adversely affect public safety. YU. There is a public need for Increment I of the Project. CONCLUSIONS OF LAN: e - S9— 973 That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The DDA constitutes a "downtown development authority" as defined' 'in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. I B. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. Increment I of the Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: D 3 t 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development reglations, ordinances and other laws. 2. For the purpose of baseline data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through March 15th, for each sub -area. C. The monitoring for each sub -area shall be completed prior to the issuance of any certificate of occupancy within that sub -area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that sub -area; or prior to March 15, 44% 1997, whichever comes first. d. The monitor will be located at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Resources Management (DERM), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. 10 e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulati;,;,s governing DERM and submit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 2a. below. The air quality modeling shall follow FDER guidelines and shall: a• Be limited to no more than ten (10) intersections to be selected from among the intersections projected in the DADA to operate at level of service E or F. The intersections shall be selected jointly by FDER, DERM, the Council staff, and the City. b- Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. c• Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for 'implementation, must be approved by the Council staff and - 11 - 5. 6. the City subsequent to review and comment by FDER and DERM. The program may include, but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). ; C. The continuance of monitoring for specified sub -areas. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling studey which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. Based upon the transportation impacts generated by Total Allowable Development for 'Increment 1, pay or contract to pay $7,543,419 (fair - 12 - 0003 Y share in 1987 dollars), to be expended on any or all of the following :portation improvements: a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches, b. intersection improvements to the entrance and exit ramps .to I-395 at NE 1st Avenue and NE 2nd Avenue, C. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a• e+9ten years after the effective date of the Development Order, or b• the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FOOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b. specified above. - 13 4` ti 7• Withhold the issuance of building Permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applicable governmental agencies to ensure that the Metromover Stage II herein be completed as identified in the current Metropolitan Planning Organization's Transportation Improvement Program (TIP) published in June, 1987. In the event. that b December 31, 1992, the Metromover Stage II improvements are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06 19 a ( )( )(9) and (h). (1986 Such additional Development of Regional Impact review, if required shall be initiated by March 31, 1993. Net New Developments which have obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review. 9• Within 6 months of the effective date of this Development Order, re ar and recommend to the Miami CityP P e Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following; a• actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and 14 — _ c. encourage mass transit use by the provision of bus shelters, bus turnout lanes, cr other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list entitled "Table 4.9 - Potential Transportation Control Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 10. In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(9) and (h) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development AWr0a-1.,' and :this Development Order, as well af�'-the future costs of - 15 - 9 -GU 7 3 reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. . If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12. Establish December 30, 1999 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or cotnci-dent with..approval of a building permit i'r Major Use Special . ,. - 16 a Permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure *.tia+ ion progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 14. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occuupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit tow copies of the CADA to the Council, 'one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with -*'Page Number" being the number of the original page, "(R)17 �- 973 16. I7. indicating that the page was revised, and "Date" stating the dat Of the r e•r -15 21vn. e The Consolidated Application for Development Approval is incor orat herein by reference and will be relied upon b ed P y the discharging their statutory duties under F.S. 38 parties in 0 (19�1), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or*modified by agreement amon the Council, City, and Applicant, its. successors, and/or assigns. g All terms, proposals, suggestions and procedures proposed -in Application for Development Approval, but not specifically incorporated the in this Development Order, considered a Part of the shall not be consid Consolidated Application for Development Approval insofar as have been deemed to place a requirement on the City of Miamit they may action or abstain from taking any actiono take any . The terms of this Development Order shall control and any requirements of the City are s enumerated herein. specifically icaily 18. The City shall prepare an annual erport and submit cop i s to the y Council, the City Clerk and Florida Department of Communit Affairs or before each anniversary date of this Development Order.Theaannann on report for Downtown Miami ual Increment I must also be incorporated into the annual report required in the Downtown Miami Mast er Order so that a single annual report is compiled for the t Development n The annual report shall include, at a minimum: ire Project. a. A complete response to each question in Exhibit 3. — 18 'Q'� b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting -year and for the next year. C. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18)(1987). h. A copy of any recorded notice of the adoption of this Development ..Order or: any 'subsequent modification that 'was recorded by the Applicant pursuant to F.S. 380.06(15)(1987). 0.� �• Any other information required by the Department of Community (rtro) in accordance with F.S. 380.06(18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20. The deadline for commencingan development shall be two 2 Y p ( ) Years from the effective date of this Development Order. The termination date for completing development shall be B December 30 19991, provided that the Applicant, or. its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c)(1987). 21• The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council ad Applicant; provided, however, that if this Development Order i appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)(1987). 22• The City shall not violate any of the conditions of this Develop Order or otherwise fail to act in substantial compliance with tht i Development Order or permit ans y property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled b the Applicant and/or the CityY or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City stay y the effectiveness Deof this v`e}opment Order as to the Parcel of Land in which the violative —20— e activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. in the event the violation is not, curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within 'that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DDA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23• The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of �tb1z Development. Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not 21 �.�' 973 24. 25. 26. inconsistent with the terms hereof or of F.S. 380 (1987), or duly viviroulvai.ed and adopted rules thereunder. Appeals to decisions of t�T Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987, is incorporated herein by reference. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15)(1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380(1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the propert p y. Any such individual development orders shall, by their terms s be 'carrsi.stent with the objectives and conditions"bf this Development Order. 973 21. This Development Order shall not repeal, nor amend in any wa a currently effective development order or building y� any other P g permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1981). This Development Order shall not create nor authorize creation or imposition of any additional requirements or restrictions, with respect to an n Y present or future development under any currently effective Development Order or building permit issued prior h Notwithstanding this paragraph, the City ereto. shall continue to have whatever authority pursuant to law it may now have or may a Y acquire in the future (other than by virtue of this Development Order). 28• This Development Order shall not create nor impose an additional requirements or restrictions upon the City with respect to its enact impact fee or assessment ordinances on development, includ wn g Net rs to New Development under this Development Order and future development the City, as such impact fees or assessments may be authorized blaof 24' In the event that a substantial deviation is de Y law. Of this Development Order or F.S. 380(1981) th ermined under the terms ability � e City shall retain its y to issue building permits and Major shall continue to do so unabated, subject to the Special Permits and J e terms and conditions of this Development Order. 30. In the event that this Development Order is subject to litigation wherein an injunction is issued staying J Y 9 the enforcement of this Development Order, the City shall either, under this or under the powers granted it b Development Order Y state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Oceupd'nt'y' until .suc occurs. h time as a final resoluti6;f of the litigation -23- p 573 :he event th !Xto d�ove I f tXL- �he i Ition rh.,.,,, total I —24— i recii Lc —a Lent withDi a S_a ,mari Line Faci !nt D of tj 19941 J-94-857 10/13/94 g 4 — $ 4 9 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAM DEVELOPMENT OF REGIONAL IMPACT (DRY) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987s, AS AMENDED BY RESOLUTION N0. 91-698 ADOPTED SEPTEMBER 26, 1991), FOR THE AREA OF THE CITY OF MI AMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DEPICTED AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA THEREBY AMENDING THE MASTER DEVELOPMENT ORDER TO CORRECT THE NAME OF THE DEPARTMENT; EXTENDING THE MASTER DEVELOPMENT ORDER AND INCREMENT III BUILDOUT/TERMINATION DATES FROM DECEMBER 31, 2007 TO DECEMBER 30, 2014; AMENDING THE INCREMENT I DEVELOPMENT ORDER TO EXTEND THE BUILD-OUT/TERMINATION DATE OF INCREMENT I FROM DECEMBER 30, 1997 TO DECEMBER 30, 19991 SIMILARLY EXTENDING THE DATE FOR PROTECTION AGAINST DOWNZONING, EXTENDING THE DATE FOR COMPLETING AIR QUALITY MONITORING FROM MARCH 15, 1994 TO MARCH 15, 1997, AND EXTENDING THE TIME TO CONTRACT FOR CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS FROM EIGHT YEARS TO TEN YEARS FROM THE EFFECTIVE DATE OF THE DEVELOPMENT ORDER; AND AMENDING THE INCREMENT II BUILDOUT DATE FROM DECEMBER 31, 1998 TO DECEMBER 30, 2005; FINDING THAT THE AFORESAID CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1993), AND ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. i WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Maater Development Order for the Downtown Miami Development of Regional Impact, and Resolution CITY CONZ-2sST011 IATTAC11'.1lE16"T (s) 1 ,� 4 CCNT I� 7 ��U�No,9 $ 0 rr No. 87-1149 approving the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, development in the downtown area has progressed at a slower rate than anticipated in the Increment I development order and the amendments thereto, thereby necessitating an extension of the project build-out/termination date and ieveral related deadlines within the development orders; and WHEREAS, the proposed changes in the buildout/termination dates do not conflict with the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting of September 21, 1994, following an advertised public hearing, adopted Resolution No. PAB 49-94 by a vote of eight to zero (8-0) RECOMMEsDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (1993),.on September 9, 1994, the Downtown Development Authority 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, on October 27, 1994, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and - 2 - WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact; and WHEREAS, the City Commission deems it advisable andjin the i best public interest of the general welfare of the City of Miami to amend the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendments to the Master Development Order for the Downtown Miami Development of Regional Impactl/ (Resolution No. 87-1148, as amended by Resolution No. 91-698), which are attached hereto as Exhibit "A^ and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development of regional impact The Project Area includes all propertywithin the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West' (a/k/a "Overtown/Park West"), as illustrated on the map in Exhibit 1 and described in Exhibit Z attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. — 3 - 94 (j 09` 973 review pursuant to Subsection 380.06(19), Florida Statutes (1993). Section 3. Said amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 4. The attached amendments to the Master Development Order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 5. The proposed amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1149), which are attached hereto as Exhibit "B" and made a part hereof, 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 (1993). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989- 2000. Section 6. The attached amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved. Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 17th_ day of _ Nove b" , 1994. -5 �72 ATTEST: STEP N P. CLARK, wMAYOR q ��-- 13 - F 777= �1t QlT N 0 PREPARED AND APPROVED BY: LL DE Ty CITY A Y PROVED AS To FORM AND CORRECTNESSs e Ty-C PROVED A. NN Eso, A III CITY "I EY 9 /, /,.i, ZM44�691J /Mis 09- 973 NJ Exhibit Master DevelopnentOrder r. � •1 � D1 �1' t} IME OF : Ukztv'm WvelOP Mt Autasity of the City of Miarli AUniiRIZED Ate OF ��� Scheirtz► Escecutive and Director Develo�anent AuthorityAuthority� Downtown and Sergio Padriguez, Director:, City of Miami Plamllz,.L or their successors. PM2= MSMIP=CK: The P,,j,,t p0Mist8 of devel ugh the Year �7 2014, °�0°�t 3n Dowrttc�vn Miami ixlcl the fcllowiraq land uses uses�xl and its s t S Irc I IIT Zbtals�;t�t_ Cffice 0:09e.&cUdbu--0143`0p _II (gross square feet) Gcr�m 6,919,SSQ 3,600,Qpp ---- RetaIISSes � feet) 300,000 31700,000 14,219,550 square feet) 250,000 200,000 750,000 Hotel 1,050,000 400,000 500,000 1,950,000 Residential units) 1,500 500 11100 3,100 Cor 3,550 2 ,550 2,920 (gross square feet) Wholesale/ � 500,000 0 9,020 (gros��c�18�e fGe't) 1,050,000 0 500,000 (gross square � 300,000 Q 0 1,050,000 2,I00,000 (��) 300,000 600,000 6,500 1,600 5,000 13,100 f:. o. 9 -- 973 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the downtown Development Authoriti, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. 2 Ex Z INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director,4Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning., Building and Zoning Deoartnwnt or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year eW 2014, including the following land Land uses Increment I Increment II uses and increments: Increment III Totals Office Buildout- Dec.30, 199g — Buiidout- Dec. 2005 Buildout- Dec. �0' 014 (gross square feet) Government Office 6,919,550 3,600,000 .3,700,000 14,219,550 (gross square feet) Retail/Service 300,000 250,000 200,000 750,000 (gross square feet) Hotel 1,050,000 400,000 500,000 1,950,000 (rooms) Residential 1,500 500 11100 3,100 (dwelling units) Convention 3,550 2,550 2,920 Wholesale/Industrial square esale/ndustralfeet) 500,000 , 0 9,020 (gross square feet) Institutional 1,050 000 0 0 1,050,000 500,000 (gross square feet) Attractions/Recreation 300 000 0 300,000 2,100,000 (seats) 600,000 Pursuant to F.S. 380.06(22) 6,500 (1987), the 1`600 51000 Project 13,100 development planned for each land specifies the total amount of such development to be use category, located but provides flexibility for local land development an anywhere within the Project Area, subject to within -ttm'-•boundara regulations. The Project Area includes all property es othe Downtown Development r.;f Authority, withthe - 1 - �3- 973 exception of that area between NE/NW 5th Street and 1-395 know as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as city parks. i 4 —2— LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For 'the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November A, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy• A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Bulding Code, for any "Net New Development" as defined herein. I : The City of Miami, Florida. Coup The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to. Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Q �- 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. 4 ;��- 97- 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) (1987), and which shall be measured by the following land uses: Office 6,919,550 gross square feet t Government Office 300,000 gross square feet Retail/Service 1,050,000 gross square feet Hotel 1,500 rooms Residential 3,550 dwelling units Convention 500,000 gross square feet Wholesale/Industrial 1,050,000 gross square feet Institutional 300,000 gross square feet Attractions/Recreation 6,500 seats 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 I of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. The findings and determinations of fact set forth in the recitals of the resolution to this � Development Order are hereby co firmed. 5 — J B. The real property which is the subject of this Development Order is legally described in Exhibit 2. C. The DDA filed the ADA with the City, the Council, and the Florida .Department of Community Affairs. D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of 6 — J) I .. .yam Ti _ � fP. r{f?�n.'/�i.G 3 s. �� � ry ._.. ,-. _ �. v .. .. 1 _, i�t,w .^?'•^rHRMihtii�ygAnh�3}cf;'i4�iitisi3:4akva'Z�34'as.'iT ;� 3rau.cva+•,..,-,.......e the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental appl(ications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently Zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City' departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I," dated October 5, 1987. The South Florida Regional Planning Council recommends approval of Increment I of the Project, and all conditions to which such approval is subject are reflected herein. — 7 — r K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning i classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. PO. Increment I of the Project will efficiently use public transportation facilities. QP. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. RD. Increment I of the Project will efficiently use necessary public facilities. SR. Increment I of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. ;S. Increment I of the Project will not adversely affect living conditions in the City. VT. Increscent I of the Project will not adversely affect public safety. VU. There is a public need for Increment I of the Project. CONCLUSIONS OF LAW: 99- 973 That, having made the findings of fact contained above, the City Commission hereby Concludes as a matter of law, the following: A. The ODA constitutes a "downtown development authority" as defined An F.S. 380 (1987), and is authorized by F.S. 380 (1987) to ,make application for development approval and receive a development order. f B. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. Increment I of the Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D.. Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 9 v ��rMM vy 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development reglations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through March 15th, for each sub -area. c. The monitoring for each sub -area shall be completed prior to the issuance of any certificate of occupancy within that sub -area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that sub -area; or prior to March 15, 4994 1997, whichever comes first. d. The monitor will be located at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Resources Management (DERM), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. 10 - 9 4 NJ -- i) J 3 e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERM and submit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 2a. below. The air quality modeling shall follow FDER guidelines and shall: a. Be limited to no more than ten (1D) intersections to be selected. from among the intersections projected in the DADA to operate at level of service E or F. The intersections shall be selected jointly by FDER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. c. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less.than 100 percent'of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a t`im`e'frame for implementation, must be approved by -the -Council staff and the City subsequent to review and comment by FDER and DERM. The program may include,'but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signaliaation, parking :area locations, addition -of turn lanes, etc.). t C. The continuance of monitoring for specified sub -areas. 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Net' New Development. Such documentat;nn MA., -- which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. 6. Based upon the transportation impacts generated by Total Allowa ble ' Development for Increment I Pay or contract to pay $7,543,419 (fair r+z' —lz— 9 - 09-- 973 3 E v share in 1987 dollars), to be expended on any or all of the following transportation improvements: a, SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches, b• intersection improvements to the entrance and exit ramps to I-395 at NE 1st Avenue and NE 2nd Avenue, 4 C. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay- the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a, or b. specified below: a• e4# t_en years after the effective date of the Development Order, or b• the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,343,419 . (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b. specified above. 13 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applicable governmental agencies 9 to ensure that the Metromover Stage II herein be completed as identified in the current Metropolitan Planning Organization's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 1992, the Metromover Stage II improvements are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) -and (h), (1986). Such additional Development of Regional Impact review, if required shall be initiated by March 31, 1993. Net New Developments which have obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review. 9• Within 6 months of the effective date of this Development Order, p prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following; a• actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b• Provide mass transit route and schedule information in conven ient locations throughout the individual development, and 14 C. encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list entitled "Table 4.9 - Potential Transportation Control Measures (TCM s) for Downtown Miami page 4- " on P 9 22(R) of the CADA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 10. In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City. Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(9) and (h) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification Of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to Preparation of the master plan, the Application for Development APP�'®�al; and: this Development Order, as well as- the. -future costs of 13 15 — r Y reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Ordef or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12. Establish neeember ?q, }g.9717 December 30. 1999 as the date until which the City agrees. that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development .by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or caioc.ident with approval of a building permit for Major Use Special - 16 � - 973 Permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary Ito begin construction. 14. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occuupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit tow copies of the CADA to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty -(30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. There new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this i Development Order, whether in response to a formal statement -of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, (R)" 17 aSS 1 62,01 indicating that the page was revised, and "Date" stating the date of the revision. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically enumerated herein. 18. The City shall prepare an annual erport and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. The annual report for Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami Master Development Order so that a single annual report is compiled fa � for'the entire Project. The annual report shall include, at a minim=: a. A complete response to each question in Exhibit 3. Von-4-- B i g - 18 - b. ' Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. c. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, s , including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f• An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. 9• A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18)(1987). h• A copy of any recorded notice of the adoption of this Development ""order or .any subsequent modification that --.was -recorded by the Applicant pursuant to F.S. 380.06(15)(1981). Oil —19- 4 t \ . . .. ...... _ i 4 fi• 4 i i. Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06(18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20. 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 30,— 1997 December 30, 1999, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c)(1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)(1987). 22. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator') the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative - 20 -' � ►- �973 activity or conduct has occurred and withhold further permits approvals, and services for development in said parcel of Land upon Passage of any appropriate resolution by the City, adopted in accordance With this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the vioration is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within SO days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within. that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently completion within 'a reasonable brae inwhich event the City will give 15 days notice to the violator of its intention to stay effectiveness of this Development Order and withhold furtherpermits,the approvals, and services to the Parcel of Land in which the violation ara has has occurred and until the violation is cured. The terms of this may be modified from time to time by written paragraph agreement by the DDA, the City, and Council staff, to enable the City to enforce the.terms of Development Order to the fullest extent, while providing due roc this all developers under this Development Order. p ess to 23. The Planning Director City of Miami planning Department, is hereby designated to monitor compliance with all conditions of this Devel Order and shall have the duty and authority to interpret the rovisiont p �sio of this Development Order and to promulgate rulingsns �:--� .�_ 9 � regulations and procedures necessary to implement it, provided the same are not — 21 — g inconsistent with the terms hereof or of F.S. 380 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 6 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987, is incorporated herein by reference. 25. Within 30 days of'the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15)(1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 26. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380(1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be�-eomistent with- the objectives and conditions -%of this Development Order. 22 0 "'�'w_1 3 27. This Development Order shall not repeal, nor amend in an currently effective development g ment order or building permit within the subject area preciously issued b 380 (1987). This Development Order City Commission pursuant to F.S. der shall not create nor authorize the creation or imposition of any additional requirements or restrict.i with respect to an ons, y present or future development under any currently effective Development Order or building permit issued prior Notwithstanding this paragraph, the City shall continue to hav hereto. a w authority pursuant to law it may now have or may acquire in whatever (other than by virtue of this Development Order). the future 28. This Development Order shall not create nor f requirements or mP°Se any additional restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, includi New Development under this Development Order and future developmentng Net the City, as such impact fees or assessments may authorized by lawbe authori bylaw of 29• In the event that a substantial deviation is . determined Of this Development Order or F.S. 380(1987), ned under the terms . abiiit ► the City shall retain its Y to issue building permits and Major shall continue to do so unabated, subject � Use Special Permits and J to the terms and conditions of this Development Order. 30. In the event that this Development • P Order is subject to litigation wherein an injunction is issued staying the enforce Development Order, the City shall either, under this Development of this l°prn e or under the powers granted it by state law, be ent Order issue buildingpermitted to continue to permits, Major Use Special Permits and Certificates of final resolution of the litigation occurs. e� 23 .-b 973 EXHIBIT 1 LEGAL OtSCeIPTION OF SUBJECT PROPERTY: begin at the intersection of the centerlines of N.Y. Sth Street and N.Y. 3rd Avenue least side of N-S Expressway (1-95)), said point of teg9nniM also being the M.Y. corner of the district; thence run sout�fer�1 &tong the center line of N.Y. 3rd Avenue and the easterly side I.S Expressway to the centerllne of West Flaglar Street; thence .esarif along the centerline of said West Hagler Street to the eeturjlM of the Miami River; than= areandering southeasterly along the eerline of said Miami River to a point of intersection with the i easwrl, right-ofway iR/W) line of Matra Rapid Transit R/W (formerly Flan& East Coast (FEC) Railroad R/W) said R/W 11ne being 50 feat *&:marl, of and parallel with the centerline of said Matra Rapid Transit RN; twau run southerly and sauthwestarly along said easterly R/W line of wg9 Rapid Transit to the i nterseeti on with the canterl i rr of S.Y. 15th lad; thence southeasterly along the interline of 15th Road to a point of intersection with the southerly prolongation of the "sterly line of Cam UUA oEMOPMort =01VISi0M (107-14); then** r4rmuterly. nortim sterly and rW., easterly alorg said westerly tine of Cop KW to the intersection with the southerly right-of-way 1 i ne of S.E. 140 Lary: tbence saatAeastarly, northeasterly, northerly, and nortlresterly slang said southerly and westerly right-of-W line 0f S.E. i4th Lam and S.E. 14th Terrace to the isRersectien with the northwnterly properV line of Lot 31 tlaCk 2 of Aaerrded Plat of POW vIEY as recorded in Plat Ooofi 2 at Page 93 of the lublie Records of Cade Couaiy, Florida; tire&& mrhheasterly along the aorthwesteriy line of said Lot 31 tea the 0400152aterly side of the existing tan toot alley ie Blodt 2 of said POW YlE1i: (lienP. southeasterly along iss northeasterly side of said tan tact alley to the intersection with the prqwrd line betwms Lots 4 and f of said Black 2 of POW 1►1E1i; Branca nof;mlasterly along said 11 a of Leta 4 m d I ad i to Prolongation tbereaf to tiro canterl i ne of S.E. 141% su"11; tire* — southeasterly al arrg said • enterl Err of. S.E. 142h Street to a Point of / ntersecti am with I* existing beliAad ad dwell" of Oi;ayne We *am ■mndes•ing northerly &berg the existing bullhead and shormilme of dace n to to at ....,,point of intersection with VW southerly boundary of Claughton Island . 9 .' Sridgd; thence eastariy alenq the said southerly R/hi line of Claughten Island Bridge to the intersection with the westerly bulkhead lira of Claughton lslande said bulkhead line being part of the Metropolitan Dade County Bulkhead Line as recorded in Plat Book 73 at Page is of the Public Records: thence southerly, sisterly, northerly and westerly. following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shereline of Biscayne Bay; there meanderfng in a northresterly.and westerly direction along tine shoreline of 11sayna Bay and the Miami River to the intersection with the easterly R/N line of Briekell Avenue Bridge (S.E. Ind Avenue); thence north along said bridge to the existing buikhaad an the northerly shoreline of the Mud R1van said bulk line also being the southerly boundary of•the Dupont Plana Center and Miad Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plante Center and Miad Center Joint Venture property to a point of intersection with the easterly property lips of Chopin Associates and Muni Canter Limited Partnership; said properq line being along the shoraline of Biscayne Bay; thence northerly alone said easterly property Dine of Chopin Associates and Miad Center Limited Partnership property atom -Biscayne Bay to the southerly propartp line of BAgfraat Park; thence coatinuing northerly; northeasterly and northwesterly &INV the bulkhead line of sayfront Pant and the Bayfrent Pant Miastarinns; thence continuing northerly along the bulkhead lina.of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; theme westerly aioag the eatlrlife of N.E. 17th Street and It: extension thereof to the easterly AM tfa of the PC Railroad: thence sa Burly along the easterly R/b lira of the FM Railroad to the ifefted amass right-of-aw of 1-391; dews southeasterly and easterly along the lfa ted access right-W-Way of 1-393 to the anterliae of Biscayne Boulevard, thence sou"Irrky along tea tuurlfine of llsaym Boulevard to the centerline of R.E. lines Str4st, tharse Westerly along the centerline and N.E. wad 11.11. gth Street to the point of begiafing. the above described area amtafn approximately W &era. .s. i 09— e��( e J-94-858 11/17/94 RESOLUTION NO. 9 4- 8 5 U A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL, IMPACT (DRY) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION. 91-698 ADOPTED SEPTEMBER 26, 1991)1 FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DEPICTED AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA, THEREBY AMENDING THE MASTER DEVELOPMENT ORDER BY CHANGING THE INCREMENT I PROJECT DESCRIPTION, SIMULTANEOUSLY ADDING A NEW LAND USE CATEGORY AND INCREASING AND DECREASING THE QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN' INCREMENT I; FINDING. THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1993), AND ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master development order for the Downtown Miami Development of Regional Impact, and Resolution No. 87-1149 approving the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, a new land use category for Marine Facilities needs to be created to accommodate proposed new development in accordance with the City of Miami's Downtown Waterfront Masterplan, while there is a surplus of unused development in the Office land use category; and I - C'I7�Y COiY CSSION A��pp NET:?: G OF I•r _ a % . i i c .. Resolution Na '19- 973 WHEREAS, any new development which will be proposed under the aforementioned new land use category shall be limited to the Downtown Waterfront Masterplan area as depicted in "Exhibit C", attached hereto and made a part thereof; WHEREAS, the creation of the aforementioned new land use category is compatible with the uses designated for the downtown area and does not conflict with the land use designations for the area as designated in the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS,, the Miami Planning Advisory Board, at its meeting held on October 12, 1994, following an advertised public hearing, adopted Resolution No. PAB 54-94 by a vote of six to one (6-1) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 350.06(19), Florida Statutes (1993), on September 9, 1994, the Downtown Development Authority submitted a "Notification of a Proposed Change to a Previously Approved DRY," to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs; and WHEREAS, on October 27, 1994, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of °notice and other legal requirements have been - 2 - 94 -8 -�..... ,� �o s ��o� ® ==--� � _ The Infwmadon Management Company 305-477-9149 •800-287-4799 • FAX 305-477-7526 FC 017 complied with for an amendment to the Master and Increment I Development Orders for the Downtown Miami Developmd«L of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest of the general welfare of the City of Miami 'to amend the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED EY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendments to the Master Development Order for the Downtown Miami Development of Regional Impactl/ (Resolution 87-1148, as amended by Resolution 91-6 which are attached hereto as Exhibit ^A" and made a art hereof, p reof, 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 (1993). l� The Project Area includes all of the Downtown Development Authority, with the within the boundaries that area between NE%NW Sth Street and I 95 knowneasi�park West,, Exhibit"Doa "Downtown/Park in Exhibi as illustrated on the The Project Area contains a total of 839hereto o 4- -land, including approximately 78 acres and- -developed -as City parks. currently zoned �r~ f 3 Section 3. It is hereby found that the herein amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. . Section 4. The attached amendments to the Master Development Order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 5. It is hereby found that the proposed amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1149 which are attached hereto as Exhibit "B" )� and made a part hereof, 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 (1993). It is further determined that these amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 6. The attached amendments to the Increment I Development Order for the Downtown Miami Development of Re ional Impact (Exhibit ^ate are hg ereby approved. Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 17th day of November 1994. CT EPHE P. LARK, MA 4 v 4A_ Qr:n 09- ��� PREPARED AND APPROVED BY: L E. �r� MAXWEL 0 PUTY CITY At ORNEY APPROVED AS TO FORM AND 'CORRECTNESS: - 5 1 29- 573 a- txhibit INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami Matthew Schwartz AUTHORIZED AGENT OF DEVELOPER: Rey-F. Kenti, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increment I Increment 11 Increment III Totals Office 6,919,550 14,219,550 (gross square feet) i' H4-888 3,600,000 3,700,000 +474ti6,968 Government Office (gross square feet) 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 11950,000 Hotel 1,500 3.100 (rooms) 1,909 500 11100 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 wholesale/lndustrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,000 600.000 Attractions/Recreation 6,500 13,100 (seats) 3,400 1,600 51000 3070% Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to *local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit I and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, Including' approximately 78 acres currently zoned and developed as City parks. 1 o9- 73 c H-1 txhioit o Increment i Development Order LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DOA on November 25. 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. ODA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DEOM: The Metropolitan Dade County Department of Environmental Resources Management. DRI. Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City 'Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net'-New.9rvelopment: Any' construction or reconstruction which wjll result in a net increase, within any "Parcel of land`, of residential dwelling units, 0- 91 2 D Increment I DevelopmentiOit a rderr 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 ps 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. Parcel of land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Pr2je That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Proiec` t Area: The area included within the legal description in Exhibit 2. 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) (1987). and which shall be measured by the following land uses: Office 6.919,SSp Y;i00,OW gross square feet Government Office 300,000 gross square feet RetaPi/3er•vice 1,050,000 gross square feet Hotel 1,500 �;. 4, rooms " �, �► Va 3 ��--04 9 Residential Convention wholesale/Industrial Institutional Attractions/Recreation Exhibit B Increment I Development Order 3,550 dwelling units 560,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 6 500 ,4@ seats 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 I of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. B. C. 0. E. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. The real property which is the subject of this Development Order is legally described in Exhibit 2. The DDA filed the ADA with the City, the Council, and the Florida Department of Community Affairs. The CADA has been filed by the DOA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the ORI review process primarily on the impacts that Total Allowable Development within '-QW—'are'a will, have on land, water, transportation, envfronmentol, community services, energy and other resources and systems of regional Exhibit 8 Increment I Development Order Significance. The CADA seeks a single DRI review process for overall phased development of the downtuwn area rat;icr than requiring each individual DRI scale development within the downtown area to fille for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible -guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987). the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment 1, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to. more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment 1", dated October 5, 1987. The South Florida Regional Planning Council recommends approval of Increment i of the Project, and all conditions to which such approval is subject are reflected herein. 5 • a�J eJ eJ �1 �D 1tl.l, Exhibit 6 Increment I Development Order K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. P. Increment I of the Project will efficiently use public transportation facilities. p. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their iplaces of employment. R. Increment I of the Project will efficiently use necessary public facilities. S. Increment I of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T. Increment I of the Project will not adversely affect living conditions in the City. U. Increment I of the Project will not adversely affect public safety. V. There is a public need for Increment I of the Project. C014CLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The DDA constitutes a "downtown development authority" as defined in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. B. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. va qJ cJ N`i tli 6 Exhibit B Increment I Development Order C. Increment 1. of the Project does'not unreasonably interfere with the achievement ot•the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). E. Changes in Increment I of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following.conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through Marcif'•15th,. for each sub -area. a Ezhias; d Increment I Development Order c. The monitoring for each sub -area shall be completeu prior tc issuance of any certificate of occupancy within that sub -,area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that sub -area: or prior to March 15, 44% 1994, whichever comes first. d. The monitor will be located• at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Regulation (FDER), Dade County Environmental Resources Management (DERM), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERM and submit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 3a. below. The air quality modeling shall follow FDER guidelines and shall: a. Be limited to no more than ten (10) intersections to be selected from among the intersections projected in the CADA to operate at level of service E or F. The intersections shall -be selected jointly by HER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis - to FDER and'DERM for comment and review, and to the,. `;Council staff and the City for review and approval. YJ �' 8 v , — 4 E't� n Increment I Development Order c. Include proposed changes to air quality mmi;.v,:.:y as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring pnd abatement program, including a time frame for implementation, must be approved by the Council staff and the City subsequent to review and comment by FOR and DERM. The program may include, but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). C. The continuance of monitoring for specified sub -areas. 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Met New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FOER and GERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained -in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. �1- i 3 .t1 C Ex:, Increment 1 Development Order b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. 6. Based upon the transportation impacts generated by Total Allowable Development for Increment 1, pay or contract to pay $7,543,419 (fair share in 1987 dollars), to be expended on any or all of the following transportation improvements: a. SW 2nd Avenue bridge and approaches or the Brickeli Avenue bridge and approaches, b. intersection improvements to the entrance and exit ramps to I-395 at NE 1st Avenue and NE 2nd Avenue, C. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a. few eight years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b. specified above. 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8.''.`?431c.s •efforts, to work closely with applicable governmenta4. agencies to ensure that the Metromover Stage 1I herein be completed as identified iA ! 10 LAIIIUII 0 Increment 1 Development Order the current Metropolitan Planning Organization's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 1992, the Metromover Stage II improvements :are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h), (1986). Such additional Development of Regional Impact review, if required, shall be initiated by March 31, 1993. Net New Developments which have obtained building permits prior to December 31, '1992 shall not be affected by any subsequent review. 9. Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and C. encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to he selected from but not be limited to the list entitled *Table 4.9 - Potential Transportation Control Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 11 �- V73 Increment I Development Order 10. in the event that a Transportatibn Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City Commission within 18 months of the effective daCr.u; this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(9) and (h) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to *a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12. Establish December-1;-i-^,9= December 30, 1997 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit -'or ''Major Uve -Special Permit, unless the City can demonstrate- that 9 7 12 t j tt Exhibit 9 Increment I Development Order substantial changes in the conditions underlying the approval of the development order have occurred, or that the developmenE on substantially inaccurate information provided by the Appiicdnc, u1 that the change is clearly essential to the public health, safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development --Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major Use Special permit. The City shall place reasonable time limits on al.1 building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 14. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared --••• subsequent 'to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of 13 i� 973 MR Exn,utt a Increment I Development Order information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically enumerated herein. 18. The City shall prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. The annual report for Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami Master Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 3. b. Identification and description of any known changes in the plan of development, or in the representations contained iR.the CADA, or in the phasing for the reporting year and for the next year. 14 "a'9— 973 n Increment I Development Orderr C. A summary comparison or total Allowable Development a 4e.., Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowabiit Development, and the acreage toned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06 (18) (1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i. Any other information required by the Department of Community Affairs (OCA) in accordance with F.S. 380.06 (18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 15 tj0" ��l � o- Increment I Development Order 20. 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 9eeember-31,—!99'— December 30, 1997, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c) (1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (1987). 22. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter 'violator') the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative activity or conduct has. occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a'public hearing and this Development Order will remain in full force and'effect 16 Exhibit 6 Increment I Development Order unless the -violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to Stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the ODA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures- necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 380 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the toning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I`, dated October S. 1987, is incorporated herein by reference. 25. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, 'pursuant to F.S. 380.06(15) (1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 26- -:74e existence of this Development Order shall not ac `.to limit or proscribe the rights of any person under F.S. 380 (1987) to file an V 9 cxniult o Increment I Development Order Application for Development Approval and obtain an individual development order for property coves cu oy to— ..c,.:z;rnent Oruct , uvc withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms, be consistent with the objectives and conditions of this Development Order. 27. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 28. This Development Order shall not create nor impose any additional requirements -or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 29. In the event that a substantial deviation is determined under the terns of this Oevelopment Order or F.S. 380 (1987). the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 30. In the event that this Development Order is subject to litigation wherein an 'injunction is issued staying the enforcement oV this 29-'��J� v 0 18 �i k r 'CS�p�T'n bit Increment 1 DevelopmentiOrder Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs. 19 a.V i E Y r 0 PZ- 1 7 PLANNING FACT SHEET APPLICANT City of Miami Downtown Development Authority. HEARING DATE October 20, 1999. REQUEST/LOCATION Amendment to the Master and Increment I Development Orders of the Downtown Miami Development of Regional Impact. LEGAL DESCRIPTION NIA PETITION Consideration of amending the Downtown Miami Development of Regional Impact (DRI) in order to extend the buildoutttermination date by 6 months pursuant to tolling requirements, to clarify language regarding individual project completion in Increment 1, and in order to clarify that modifications of the development credits in certain land use categories by providing for a simultaneous increase and decrease accordingly is permitted administratively as long as the total vehicle trip generations are not exceeded; finding that these changes do 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. PLANNING Approval. RECOMMENDATION BACKGROUND AND Please see attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval CITY COMMISSION N/A VOTE: 9-0 APPLICATION NUMBER 99-033 Item #5 ................... ............................. -.............................................................................................................................................................. CITY OF MIAMI DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2N0 AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 -- ---------------Page *J9 973 Amendment to Master and Increment I Development Orders of the Downtown Miami Development Amendment to Master and Increment I Development of Regional Impact (DRI) ANALYSIS FOR CASE NO: 99-033 The proposed amendment to the Master and Increment I Development Orders of the Downtown Miami Development of Regional Impact (DRI) is being proposed in order to allow for the following: 1) to extend the buildout/termination date by approximately 6 months pursuant to tolling requirements ; 2) to clarify language regarding individual project completion in Increment I; and 3) to clarify that modifications of the development credits in certain land use categories by providing for a simultaneous increase and decrease accordingly is permitted administratively as long as the total vehicle trip generations are not exceeded. Please see the attached "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" for additional information. The Department of Planning and Development recommends approval of the proposed amendment of the Master and Increment I Development Orders of the Downtown Miami Development of Regional Impact (DRI), finding that the proposed change does not constitute a substantial deviation, pursuant to Chapter 380, Florida Statutes, and that said proposal is consistent with the Downtown Miami Master Plan and the Goals, Objectives and Policies of the City of Miami Comprehensive Neighborhood Plan 1989-2000, as amended. 0 9 - 9 71 3 RESOLUTION PAB -46-99 A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE DOWNTOWN MIA.MI DEVELOPMENT OF REGIONAL IMPACT (DRI) IN ORDER TO EXTEND THE BUILDOUT/TERMINATION DATE BY SIX MONTHS PURSUANT TO TOLLING REQUIREMENTS, TO CLARIFY LANGUAGE PERTAINING TO INDIVIDUAL PROJECT COMPLETION, AND IN ORDER TO CLARIFY THAT MODIFICATIONS OF THE DEVELOPMENT CREDITS IN CERTAIN LAND USE CATEGORIES BY PROVIDING FOR A SIMULTANEOUS INCREASE AND DECREASE ACCORDINGLY IS PERMITTED ADMINISTRATIVELY AS LONG AS THE TOTAL VEHICLE TRIP GENERATIONS ARE NOT EXCEEDED; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND THAT THE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE PLAN 1989-2000. HEARING DATE: October 20, 1999 ITEM NO. 5 VOTE: 9-0 ATTEST: An eta -SanchezDirector anning Depment 29- 973 October 20, 1999 STATE OF FLORIDA -DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT 2555 Shumard Oak Blvd. Tallahassee, Florida 323 99-2 100 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1) I, Patricia Allen, Executive Director, authorized representative of the Downtown Development Authority, hereby give 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 Downtown Miami Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to The City of Miami, the South Florida Regio I Planning Council and to the Bureau of State Planning, Department of Comrlp Affairs. — (Date) 2) AppIicant (name, address, phone). Downtown Development Authority 200 South Biscayne Boulevard Suite 1818 Miami, Florida 33131 Phone: 5305) 579-6675 3) Authorized Agents (name, address, phone). Joel E. Maxwell, Esq. Ana Gelabert/Lourdes Slazyk City of Miami Law Department City of Miami Planning Department 444 S.W. 2nd Avenue 444 S.W. 2nd Avenue Ninth Floor Third Floor Miami, Florida 33130 Phone: (305) 416-1435 Phone: (305)416-1800 Miami, Florida 33130 4) Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Miami Dade County, Florida Section 37, Township 53 South, Range 41 East 5) Provide a complete description of the 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 the representations contained in either the development order or the Application for Development Approval. Response: A. The Master and Increment I Development Orders (Resolution Nos. 87-1148 and 87-1149, as amended) should be changed as follows (see proposed changes attached as Exhibits "A" and "B"): 1) to reflect an extension in the Buildout Dates by approximately 6 months in order to reflect the tolling time which was never adjusted while these Development Orders were under appeal. This would extend Increment I to July 17, 2000, Increment II to July 17, 2006 and Increment III to July 17, 2015 (See Exhibit "F" for "Notice of settlement and voluntary dismissal' to appeal); 2) to clarify language in Condition No. 20 of Increment I, regarding completion for individually approved projects within the area -wide DRI; said language will be modified to require a Major Use Special Permit to be issued prior to the termination date of Increment I (July 17, 2000) of _...Ihe DRI in order for an individual project to be inSj.uded in the approved development credits of Increment I; and v9— eJ'r! 3 3) to amend the language, and therefore provide a clarification, that simultaneous increases and decreases in land use categories shall be permitted without necessity of an NOPC conditioned on such changes following the adopted "Land Use Exchange Rate Table" (See exhibit "G" for Table) and therefore not causing an increase in the peak hour traffic generation. 6) 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. Response: A copy of the Downtown DRI Status Report is attached as Exhibit "C". No change in maps. 7) Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Response: No Change 8) 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 information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Response: Originally approved development orders: f:. -3- S9- 970 A. Master Development Order - Resolution #87-1148 December 10,1987 B. Increment I Development Order - Resolution #87-1149 December 10,1987 Modifications: C. Stipulation of Settlement, Department of Community Affairs vs. The City of Miami and the Downtown Development Authority, State of Florida Division of Administrative Hearings Case No. 88-1638, June 2, 1988 (This settlement clarified the meanings of Total Allowable Development, Net New Development and Aggregate Exclusions as applied in the development orders.) D. Resolution No. 91-698, passed and adopted by the Commission of the City of Miami, Florida on September 26, 1991, which approved the following changes to the Master Development Order and the Increment I Development Order: (1) Updated the name of the authorized agent of developer to Matthew Schwartz; and updated the name of the Planning, Building and Zoning Department. (2) An extension of the build out/termination date of the Increment I development order from December 31,1992, to December 30,1997. (3) An extension of the date until which the City agreed that the grantees of building permits or Major Use Special Permits for new development under the Increment I Development Order shall not be subject to down -zoning, unit density reduction or intensity reduction from December 31,1992, to December 30,1997. (4) An extension of the deadline for completing air quality monitoring from March 15, 1991 to March 15,1994. (5) Extension of the time to contract for construction of transportation improvements from four years to eight years from the effective date of the Development Order (see condition 6 on page 10 of the Increment I development order). r:. -4- (6) Simultaneous increases and decreases in the proposed land uses in Increment 1: (1) Attractions and Recreation facilities increased from 3,400 seats to 6,500 seats, and Hotels increased from 1,000 rooms to 1,500 rooms. (ii) Office uses decreased by 180,450 square feet, resulting in a change from 7,100,000 square feet to 6,919,550 square feet of office space permitted in Increment I. E. Resolutions No. 94-849 and 94-850, passed and adopted by the Commission of the City of Miami, Florida on November 17, 1994, which approved the following changes to the Master Development Order and the Increment I Development Order: (1) An extension of the build out/termination date of the Increment I development order from December 30,1997, to December 30,1999. (2) An extension of the date until which the City agreed that the grantees of building permits or Major Use Special Permits for new development under the Increment I Development Order shall not be subject to down -zoning, unit density reduction or intensity reduction from December 30,1997, to December 30,1999. (3) An extension of the deadline for completing air quality monitoring from March 15,1994 to March 15,1997. (4) Extension of the time to contract for construction of transportation improvements from eight years to ten years from the effective date of the Development Order (see condition 6 on page 10 of the Increment I development order). (5) Simultaneous increases and decreases in the proposed land uses in Increment I: (I) Marine Facility was added as a new land use encompassing a 230,000 square foot terminal building; (ii) Office Uses decreased by 242,273 square feet resulting in a change from 6,919,550 square feet to 6,677,277 square feet of -5- SJ- 1r!'3 r :. p �- office space permitted in Increment I. F• Resolution 98-219 passed and adopted by the Commission of the City of Miami, Florida on February 24,1998, which approved to the Master Development Order and the Increment I Development Orrde : (1) Simultaneous increases and decreases in the proposed land uses in Increment I: (� Attraction Recreation seats were increased -by 24,000 seats resulting in a change from 6,500 seats to 30,500 seats permitted in Increment I. (ii) Office Uses decreased by 81,871 square feet resulting in a change from 6,677,277 square feet to 6,595,406 square feet of office space permitted in Increment I. G. Resolution 98-787 passed and adopted by the Commission of the City of Miami, Florida on July 21, 1998, which approved the following changes to the Master Development Order and the Increment I Development Order: (1) A simultaneous increase and decrease in certain land use categories was effectuated in Increment I as follows: (i) Office Uses decreased by 2,509,138 square feet resulting in a change from 6,595,406 square feet to 4,086,368 square feet of office space permitted in Increment I. (ii) Hotel Uses increased by 3,000 rooms resulting in a change from 1,500 rooms to 4,1500 rooms. (iii) Residential Uses increased by 7,000 units resulting in a change from 3,550 units to 10,550 units. H. Resolution 98-1153 passed and adopted by the Commission of the City of Miami, Florida on November 17, 1998, which approved the following changes to the Master Development Order and the Increment I Development Order: (1) A decrease in the Office land use categories was effectuated in Increment I as follows: IM (i) Office Uses decreased by 404,478 square feet resulting in a change from 4,086,368 square feet to 3,681,890 square feet of office space permitted in Increment I. I. Resolution 99-159 passed and adopted by the Commission of the City of Miami, Florida on February 23,1999, which amended Resolution 98-1153 to substitute the attached exhibits for exhibits depicting the cumulative effect of all previous amendments to the Master Development Order and the Increment I Development Order land use tables. 9) Describe any lands purchased or optioned within 1 /4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non -project land uses within %Z mile on a project master site plan or other map. Response: Not applicable. 10) Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any criteria listed in 380.06(19)(b), Florida Statutes. Response: Not applicable. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO X 11) Does the proposed change result in a change to the build out date or any phasing date of the project? If so, indicate the proposed new build out or phasing dates. Response: Yes, but only so far as the date needs to be clarified and modified to retrieve the tolling time for which the DRI was under appeal. The new Buiidout dates are as follows: -7- �9( Increment I - July 17, 2000 Increment -II - July 17, 2006 Increment III - July 17, 2015 12) Will the proposed change require an amendment to the plan? local government comprehensive Res onse: No. 13) 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. Response: Map H-Master Land Use Plan (Exhibit D) has not changed since the originally approved development orders. 14) 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 coents mmitm and representations 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; Response: See Exhibit "E" for draft of Resolution and drafts of the Amended Master Development Order and the Increment I Development Order which are attached to the Resolution as Exhibits. b• An updated legal description of the property, if an y project added or deleted to the previously approved plan of development; reage is/has been -8- S9973 Res onse: Not applicable. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Response: Not applicable. d• A proposed amended development order termination date that reasonably .reflects the time required to complete the development; Res onse: Increment I - July 17, 2000 Increment II - July 17, 2006 Increment III - July 17, 2015 e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and Res onse: 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-0.025 (7), F.A.C. Response: Not applicable. 10 0 a i Exhibit ,A,, Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana Gelabert Director. or Lourdes Slazyk, Assistant Director, City of Miami Planning B+Wdiag and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment n Increment III Land uses Buildout- Buildout- Buildout- July 17, 2000 July 17. 2006 July 17 2015 Totals Office (gross square feet)- Government office 3,681,890 3,600,000 3,700 000 , 10,981,890 (gross square feet)- Retail/Service 300,000 250,000 200 000 750,000 (gross square feet) Hotel500,000 1,050,000 400,000 1,950,000 (room) 4,500 Soo 1,100 6,100 (dwelling units) Convention 10,550 2,550 2,920 16,020 (gross square feet) 500,000 0 Wholesale/ Industrial 0 500,000 (gross square feet) 1,050,000 0 Institutional 1,050,000 2,100,000 ( gross square feet) 300,000 0 Attract ions/Recreation 300,000 600,000 ( seats ) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 0 0 230,000 Pursuant to F.S. 380.06( Q(1987), the Project specifies a p s tie total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTy: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Atanlication for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated A lication for Develo ment A royal: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. Cam: The City of Miami, Florida. Counc il: The South Florida Regional Planning Council. DDA or Downtown Develo went Authori The Downtown Development Authority of the City of Miami, Florida. PERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida *Department of Environmental Regulation. r 2 .99- r Major Use Special Permitx. A special e y the ` p rmit issued b w"4 Ordinance 9500 e Ci ty Commission pursuant to > the Zoning Ordinance of the City of Miami, as mended. Net Neer beVelopment: Any construction or reconstruction which increase, within an hich will result in a net y "Parcel of Land", of residential dwelling attractions/recreation facilities or g units, hotel rooms, seats in ' gross square footage for office, government office, retail/service, convention, wholesale/industrial oi' institutional uses. ainst he P uses to be the net land uses for purposes of calculatingg the proposed new increase, if the planning Director determines removed by demolition of a building or structure may be credited a that there was a valid Certificate of Occupancy existing on the Development Order for the land uses to be demolished. If a change effective date of this Prior land use ag the Planning Director may credit the If the proposed land use based b' of land use is proposed, upon equivalent impacts as measured by peak ,hour vehicle trip generation. Which has on the effective date of this Development Order a yid on. Any activity Currently effective development order shall not be included as Net NewDevDevding permit . any Planning Director may exclude from Net New Development anelopment. The 10,000 square feet in floor area, if he finds that such development mall development under impact as measured by peak hour vehicle trips. would have no regional Parcel of Land: Any quantity of land capable of being described With its location and boundaries may be established, and which is des such definiteness that developer as land to be used or developed as a unit or which has be mated by its owner or a unit. en used or developed as Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit Total Allowable Development: The quantity of Net New Developmentibit 2. 3f Occupancy ma be issued under the terms and conditions of for which Certificates ogether with the applicable Master Development Order, as may fxhis Development Order, y be modified pursuant to F. 3 S. 380.06(19) (1987 andv )► Qlch shall be measured by the fo1 wing land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 11050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above des ' categories, without need of filin for an NOPC Notice of Pro osed Chan a bed land use ed regional impacts of the land uses as changed will not exceed the adverse region l i that the the land uses in Increment I of the Project as on � � impacts of �ly approved, as measured by total peak hour vehicle trips. 4 �"5- � S' Exhibit "ir Increment I Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana GelabertDirector or Lourdes Slazyk, Assistant Director, City of Miami Planning lig and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Buildout- Increment R Increment III Land uses Buildout- Buildout- - - v 17, 2000 Ju1v 17onn6 July 17 _ 20154 Totals Office (gross square feet)- Government Office 3,681,890 3,600,000 3,700,000 (gross square feet)- 300,000 10,981,890 Retail/Service 250 000 200,000 750,000 (gross square feet) Hotel500,000 1,050,000 400,000 (room) 1,950,000 Residential 4, 500 Soo 1,100 6,100 (dwelling units) convention 10, 550 2,550 2,920 (gross square feet) 500,000 16,020 Wholesale/ Industrial 0 0 500,000 (gross square feet) 1,050,000 Institutional0 1,050,000 2,100,0o0 ( gross square feet) 300,000 Attract ions/Recreation ' 0 300,000 600,000 ( seats) 30,500 1,600 5,000 Marine Facilities 230,000 37,100 0 0 230,000 t:. 9 09- 9 -3 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be . defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. Cam: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. G Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. %/ Q7 - ,.� tJ F a Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. 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) (1987), and which shall be measured by the following land uses: Office Government Office Retail/ Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/ Recreation Marine Facilities 33,681,890 gross square feet 300,000 gross square feet 1,05000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Changed provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. s 009-- D73 ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT SHALL: ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND i • Require all development pursuant to this' Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other. laws. 20. 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 under this Increment shall be Dee mbe -30-,4494 July 17, 2000 Any indivirivial i, - - -- -------...� eau conditions of the a roved Ma'or Use S ecial Permit provided that the Applicant, or its successors and assigns, complies with Paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c), 1-9g as amended. 9 a J 4, 1- i• r j i P EXHIBIT "crr Downtown Development of Regional Impact ANNUAL STATUS REPORT- UPDATED THROUGH OCTOBER 20, 1999 A. Current Status of Increment I Development Credits Land Use Total Allowable Reserved with MUSP or CII Reserved with Unreserved Building Permit or completed Credits Office (GSF) 3,681,890 17,426(1) 37,500 (10) 1,247,541 243,656 (9) 1,200,000 (14) 540,000 (11) 395,767 (15) Gov't Office (GSF) 300,000 Retail (GSF) 1,050,000 14,052(2) 300,000 .13,149 (5) 40,000 (10) 503,633 11,716(9) 16,955 (13) ' 27,550(11) 400,000 (14) 22,945 (15) Hotel (rooms) 4 500 325 rooms (1) 426 roams (9) 302 rooms (11) 3,027 300 rooms (14) 120 rooms (16) Residential (units) 10,550 508 units 1 () 356 units (4) 599 units (2) 5 003 297 units (3) ' 641 units (5) 80 units (6) 190 units (9) 749 units (13) 128 units (7) 355 units (8) 1500 units (14) Convention (GSF) 500,000 144 units (15) Wholle/ esa 1,050,000 500,000 Industrial (GSF) 1,050,000 Institutional (GSF) 300,000 Attraction/ Recreation (seats) 30,500 4880 seats (12) 300,000 24,000 seats 10 ( ) 1620 seats Marine Facilities 230,000 (GSF) 230,000 (1) Brickell on the River (6) (2) Brickell Point Olympia Building (11) Barclays Financial Center (3) Fortune House (7) Congress Building (12) Performing Arts Center (8) (4) Yacht Club at Brickell (9) Yacht Club II Millennium (13) Bayshore Palms (5) Brickell Bay Plaza (10) American Airlines Arena (14) One Miami (15) Espirito Santo Plaza (16) BLiekell Premiere i 1 _ Attachment E EXHIBIT D CENTRAL COMMERCIAL HIGH INTENSITY CENTRAL COMMERCIAL MODERATE INTENSITY ®LIBERAL COMMERCIAL (WHOLESALE/INDUSTRIAL) MO��, ,; GOVERNMENT OFFICE/ INSTITUTIONAL USE SPECIAL MIXED USE RETAIL ' PARK O�.M /►nw� AnY A�rr«L pq - — 6-'q� K.vr Y� Ca gy Ap "now% Am MAP H ' MASTER LAND USE PLAN 1 DOWN A S TAR PLAN � DEVELOPMENT OF REGIONAL IMPACT � 1 99-- c77 p� �cr ' S G .,ss����"L;Z "�� C:G h� '. IK � � •{. '°4 1 4 i 1 i - � f i f f t if h 1 � � � �. y� .t.:M1 f.f S YlFA'�'i1 �a5yryy, .. j'i � � 1-k r., t y.�,{ � i x [• >� . )1 Lr � � �;i z � u�tT }q. 1'}''�� ��i..i�`��7 A"�Y� �. "r: x'F'.....r�kwhX+L�i..sl:"'@sia�i�'�'�r�'+�1H�K�•��'�`kxits+1s+UA�d'�'�f'i�)i4'���l�lR''.R4X�W ... 1.01 '• n �-- r 1 �1 i1�.W. 17 IST. Ii► �a �--�-� ' �....... � _! `� � I I is �'�'-t",,�•"; "' � � i t >c, - {L -- ! IC .. I �A �ILI• I 1 1 { W AU 9 9 �U ►i I � .W U mcxm i� `� . ._.: � �►_ �.,---�, � ail`_ ii it � ---. .... it 1► n {) it 1 ....• � r ; s=cc= I j •r. , l r r tu u to mom a D w t• 1 ObW'VTOWN ,MIAMI DRI ®JIdNDARY MAP Zo-H .97-1148 973 Ole EXHIBIT 2 LEGAL DESCRIPTION OF SUBJECT PROPERTY; Begin at the intersection of the centerlines of N.W, Sth Street and H.Y. 3rd Avenue (east side of N-S Expressway (I-95)), laid point of beginnino also being the H.4- corner of the district; thence run southerly along the center line of N.W. 3rd Avenue and the easterly side Of the N-S Expressway to the centerline of Hest Fiagler Street; thence westerly along tie centerline of said Hest Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way (R/W) line of Metro Rapid Transit R/N (formerly Florida East Coast (FEC) Railroad R/W) said RIN line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit R/W; thence run southerly and southwesterly along said easterly AN line Of Metro Rapid Transit to the intersection with the centerline of S.N. 1Sth Road; thence southeasterly along the centerline of 15th Road to a Point of intersection with the southerly prolongation of the westerly line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence northeasterly, northwesterly and northeasterly along said westerly line Of COSTA SELLA to the intersection with the Southerly right-of-way line Of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT YIEW as recorded in Plat Book 2 at Page 53 of the Public Records of Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31 to the northeasterly side of the existing ten foot alley in Block 2 of said POINT VIEW• thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the property line bettietn Lots 4 and 5 of said Block 2 of POINT VIEW; thence north-ssterly alc"; oaid line of Lots 4 and 5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a point of intersection with the existing Dulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a 7°;^t of intersection with the Southerly boundary of C14u;nCon (;)and • oriel;•: the}1_! •..�*-1.. I... ♦'.a ..,, •t�=`e'lY R,d line of Claughton Islam bridge to the intersection with •the westerly bulkhead line of Claughton Island, said bulkhead se line being part of the Metropolitan re_ arded in plat Dade ,County Bulkhead line Book 73 at Pa9e 18 of the Pub)i" Records; thence Southerly, easterly, northerly and westerly, following said existingbulkhead and its westerl y prolongation thereof around the island to the intersection with the mainland do the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with Bridge (S-E. 2nd Avenue); the easterly R/>✓ line of Brick ell Avenue the north along said bride to bulkhead on t g the existing he northerly shoreline of the Miami River; said bulk line also being the southerl . Y boundary of the Dupont Plaza Center and Miami boundary Center Joint Ventura Property; thence northeasterly along the southerly of Dupont Plaza Center and Miami Center Joint Venture to a point of intersection with the easterlyProperty Associates and Miami Center Limited Partnership; said Tine of Chopin being AlongP: Property line the shoreline of Biscay' easterly Property line e Bay; thence northerly along said Of Chopin Associates and Miami Center Limited Partnership Property along Biscayne Say Y to the southerly property line Bayfrsnt park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park Park Miamarina; and the Bayfront thence continuing northerly along the Biscayne Bay bulkhead line of to a point of Intersection wi Street th the centerline of M.E. 17th extruded easterly; thence westerly along the centerline of H.E. 17th Street and its extension thereof to the easterly R/N line of the F:t Railroad; thence southerly Y along the easterly R/11 Tine of the Railroad to the limited access rfght-of-way of I-39S. southeasterly and easterlythence i-395 to the centerline of along the limited access right-of-way of Biscayne Boulevard, thence southerly along Street, thence westerly the crn[erifne of Biscay Boulevard to the centerline of N.E. Sth Street t� the along the centerlfne and N.E. and M.M. Sth Point of beginning. The above described area contains aDProx;mately 839 acres. 20 eta• '� ti "':7 W.�� � t. i. is Nrws eas�� /1/ elal.I� r.ww� r1e1.r we lam I• LM llaew � ►�10 Iww. b� [. 6 t1i�C t4 111 /. 1. ! aww O �� alMlwq e. I'm stow" Ilww>♦a W awawl .� arw\ a� la. {ram awtw� ■� is. tl L t. ! a.o at !. Il/.1 /. t. ! Ilw�/ 1/w�, ou/1� iMw • 1• W, v awaWl as t1/ C. ►I nlr a r1iW1e `clan/ y ILa. r S. 1. a Itllawa A 4 ra� ` " ,Ass tie m aa�w� I��g'ffa/ lanla� M6 4 !1. er i1. la. 4 ^Ilan / ara14 rr NNM61man == O_ ea u. '3 !. n.w� aanw -I I �II/Iwl� now= loam y 11 !. t. Y tawal// a/a /taal/a a.. I/. '4. n I. n./,w, e.w awd 1. 111� as Irr an, r./ V aw.�n ti /I 1. /. t! Iwo/ �• W 4 C. Ia ilwlw rya■ •aY� ewa� 1 w 11. a. wq .wq •wai 1► Ow14 lam' 411 Yt/o/ Y. t. n a0/� Ilwr< aa/ I&J:6 Ilapiw a. [ham awnp wwt 1� it CIVV •Irgaa s w �w•1 II. .1. ;10 W a.wga Its 1. wq a CI• r1.1w� aY W �11 e1 �.i .1. a. lap IN rl _ i Matrnl il. L7 a. C. 1 Iwlnn 111 t. !. { .�I wI=.I' a Ns ald 4C��=a Mnw s IAIIaa�. Ilaaa/ Yww!♦1 aawraa�. ww.wN� Cif . C1� w Yq al.wwa M 111►IM 11+ Al: Ilw r.L iM w n• sil./r .. I,r..' ��r"� rhea lQ n. .IV y'wrbl.n.e WO ►a. Iw.a • �r.w www. sv nnw N rR q I MAP 0-2 HISTORICAL SITES�M ws ...< ))�''�' MA STER PLAN DEVELOPMENT OF REGIONAL IMPACT .+�g 9- D73 UnILII t Icr, will: I. 1144r �Mi�t41 I� I. 4Rib1y141 Spy I. �►t! tr1a11 �� IR�Ia'ft41 Ire t. 4wle aR�"IM+nI I..e I. ra►t N114 �a14141 Iar 1. lhfq Ise! 4R1001or4l I." . 7• Inlell iRya1�41 Ir♦ 1. Igmall Peru L�Awlan4I Y0. r^�►w,•a Ida ""w"t41 Say �1MfIgT4) jay il. fogs 1'M aRyal«141 Iey MAP 0-3 ARCHEOLOGICAL, ZONES Iwo_ •�.� c....� .� DOWN ITOWN � 073 DEVELOPMENT OF REGIONAL ►MPAC't'S TER PLA N ` ' 0 STATE C DIVISION OF ADMI' DEPARTMENT OF COMMUNITY AFFAIRS. Petitioner, VS CITY OF MIAMI, Respondent. .ORID1A RATIVE HEARINGS FX14llalT r {/,V �C J' cRrCOA,Mss N CASE NO. 88-1638. ••i NOTICE OF SETTLEMENT P 'OLUNTARY DISMISSAL The Petitioner, Department amity Affairs, by and through the umdOrsigned.attorn '�, �°bY-notifies all parties that it voluntarily dismisses it., ,:ition is this cause and files herewith the Stipulation or r parties on June 2, 1988. tlement entered by the Petitioner further notifies parties that the settlement and disattssal of this appeal has a scheduled for hearing on the June 28, 1988 agenda of the ida Land and Water Adjudicatory Commission (PLWAC) and requests the file and Stipulation of Settlement be referred to Ms. Fri:.. :ts Coyle, FLWAC, on or before June 13, 1988, for in on FLWAC agendas. 'pectfully submitted, • euia M. Par a Sr. Attorae Laurence xessey . General Counsel Dartment of Community Affairs •40 Canterview Drive •llahassee, Florida 32399-2100 '04)488-0410 t; 1 CERTTFTCATS OF SER ICZ IIERS3Y CERTIFY that a true and correct copy PY of the fore g g has been furnished to the parties listed below by U. S. Nail this -.Z_ day of June, 1988. / ,/ D anaN- Joel E. Maxwell, Esquire ••�` Assistant cityi° 100 AmeriFirssuildr3ay cy One Southeast Third Avenue Miami, Florida 33131 Robert N. Sachen, Es 2400 AmeriFirst Esquire One ilding Southeast Third Avenue Miami, Florida 33131 Jack ostsrholt Executive Director South Florida it Planninegional 3440 Hoolll� Council. Suits 14000d Elvd. Hollywood, Florida 32021L Patricia A. Woodworth Secretary, Florida Laud and Water The Capitol judicatory Compission Tallahassee, Florida 32399-oo01 f:. 2 09r73 STATE OF F=RIDA DIVISION Or ADMINISTRATIVE HEARIZiGS DEPARTMENT OF COMMM TY ) AFFAIRS Petitioner, ) vs. ) CASE 210. 88-1638 THE CITY OF MIAMI AND CITY ) OF MIAMI DOWNTOWN DEVELOPMENT ) AUTHORITY ) Respondents ZZLEMa=N OF sETTLM= DepartmentThs nf darties to this above -styled appeal, the Florida ( CITY ), and the City Affairs (*DEPARTMENT^), the City of Miami an authority createduof Miami Downtown Development Authority, Florida pursuant to Chapter 65-logo, Yaws of . and Section 14-23 of the City'of Miami, Code ("AUTHORITY")' enter the following agreement, which shall be binding on their successors and assigns. agency hav�` the DEPARTMENT is the state land planning Power forcexfchtesupervision of the admadministration andd enemntoCape380,Florida Statutes (F.S,) which includes provisions relating to development of regional impact (DPI); and encoura a WRM�' thState Comprehensive Plan has a goal to rasidentiatthe centralization of commercial, governmental, retail, order to ' and cultural activities within downtown areas in an orderly, existing infrastructure and to accomodate growth in efficient, and environmentally acceptable manner; and through tha��P the attainment of said goal can be reached devalo m Policy of compact urban growth to accommodate future P ant whereby full utilization may be made of existing excess infrastructure capacity thus lessening the fiscal burden on government to provide facilities and services over larger areas; and Comprehens, in futhsrance of said goal, the State iv* plan establishes policies to provide incentives to encourage private investment in the preservation and enhancement of downtown areas, to assist local governments in the planning, financing, and revitalimplementation of development efforts aimed at izing distressed downtown areas, and to promote state Programs and investments which encourage redevelopment of downtown areas; and WHEREAS, the DEPARTMENT, as the state land planning agency' encourainvolved is the involvement of public agencies and private groups involved in development and redevelopment areas' Provided that all development of downtown are fully addressed and that isions development and redevelopment facilities and services neededtoisuppo are made for all development and redevelopment;support the proposed and oldest do �' Downtown Miami, the largest and one of the ti►ntown areas in the state, encompasses over 830 acres of land area containing thousands of older deteriorating structures in need of.rehabilitatioh, reuse, or redevelopment; and"ncludes an area •that' has baron' declared to be slum and blighted, pursuant to Chapter 163, part III, F.S.; and WH , the CITY, AUTHORITY and the into a Predevelopment Q'IXTHENT entered Agreement ("Agreement") on the June 29, 1985,; and WHEREAS, AS, pursuant to the Agreement, as amended, the prepared and timely filed an Application for Development Approval ("ADA") for the City of Miami Downtown DRI, pursuant to Subsection 380.06(22), F.S. (1987); and the WHEREAS, the AUTHORITY has timely filed the ADA with South Florida Regional Planning council and obtained a Report and Recommendations from the Council; and ns e g ITY considered eAport and Recommendatioof thuthFloridaRegionalPlanningcouncil, and each element required to be considered by Section 380.06, F.S. (1987); and WHEREAS impacts and needs �created bythe CITY athe amounnd the ts OofTdevelopment Y have lbyrlandhe use as analyzed in the ADA and approved in the Increment I development order; have provided for the necessary mitigation and infrastructure needed to support the existing, permitted and approved amounts in order that the approved amounts represent, for accounting purposes, net new development: and have, thereby, created an incentive to encourage redevelopment, rehabilitation and reuse of existing structures: and large scale EREnev S, the Downtown DRI provides an incentive for but could create a disinc development to small ecSevloin pment rtown edevelopment and xehabilitatian of existing structures if applied indiscriminately to all development; and WRER€AS, the City Commission deemed it advisable and in the best interest of the general welfare of the CITY to issue and did issue the Master Development Order and the Increment I Development Order, incorporated herein as Exhibit A, approving the Downtown Miami Development of Regional Impact on De December 1987, (hereinafter collectively "the Downtown DRI"); and F.S., institutheaDEPARTMENT pursuant to Section 380.07, Downtown development ordars for tthhe Downtown DRI,eal of the CITy,on FebruaryD4, 1988, and sought to reverse the Downtown DRI development orders to the extent that they are found by the Commission to be illegal and violative of the provisions of Chapter 380, F.S. (1987); and desirous of settling all issivaaeraisedRi tTY hedthe appealEand have met to discuss the mutual resolution of the issues raised in this appeal. in and nts#nede�tieotthe mutual lrsc hasin as follows; the arso this appeaagree 1• The CITY and the AUTHORITY shall abide by the terms and conditions of this agreement. The CITY and the AUTHORITY shall take no action in implementing and enforcing the Downtown DRI or this Stipulation of Settlement which conflicts with the terms and conditions of this Stipulation of Settlement and shall utilize their best efforts to enforce and fulfill its terms and conditions. development, an The CITY Sectionn 3 0 04, F.S.he AUTHORITY sball include (1987),sin implementing the conditions of the Downtown DRI in accordance madeWith,aaPa limited by, the terms of Exhibit B, attached hereto and Part hereof. �3-• The term Total Allowable Development need' -not include redevelopment or rehabilitation and reuse of existing structures on individual parcels, as represented in the Downtown DRI, because than — impacts of the a --4 iridology in the ADA for aecour� g► including previouslya;.g for the Permitted, amounts Of development furthers te goals listed records The CITY and the AUTHORITY agree to maintain detailed e concerning all development, as defined pursuant to Section 30.4 maximum 10,000�sF-S-are (1087), including any redevelopment, and all Director, that acre excludedfoot efromntotsnewgranted Development. The cumulative sum Of -the exclusions made pursuant to the maximum Exclusion" foot exemption shall be termed the "Aggregate Exxclusion" and DEPARTMENT. shall be reported in the Annual Report to the The CITY and the AUTHORITY agree that maximum 10,000 square toot exclusions from Not Now Development will not be o, granted to any constructdevelopmeion on a parcel where the amount of the proposed new construction exceeds 10,000 total dev square Peet, The intent of this language is to clarify would ba eligible for the granting oanoexclusioopfromsNwhich Development by the Planning Director under the procedures as New outlined in the Downtown DRI. 4* the total when the sum of the a amount of Net New Developmentee Aggregate Exclusion and Allowable Davelopmant, then the CITY and AUTHORITY agree to uals the Total amend, pursuant to the the I. Pursuant development o der of Subsection 380.06(19), F.S., ons additional development by a order. by seeking approval for amountanal, the approved �' amount that equals or exceeds the necessary, to re-evaluatg Sm Exclusion development, and, if conditions based on the crement:2 development order demonstrate that all impacts impact impact review. The CITY shall development will be adequately resulting from such proposed facilities necessary quately mitigated and that public available. rY to serve that development will be nothing in theee Cam' the AUTHORITY and the DEPARTMENT a ree Proposing above language shall preclude the CITY from that 380.06(19),aS change to the Downtown DRI under Subsection met. • Prior to the time that the above thresholds are a Subs s' In the avant that a proposed change is re tt tial to SubseDeviation, o as Pursuant r a Substantial Deviation is requested d'. ction 380.06(19) F.S. continua to issue building (1987), the CITY may so long as such g Permits and itajor Use Spacial Permits following: Permits are issued as a result of any one of the the DEPART (a) a F(b) the pmant Agreement between the CITY and them are nos=feated)byfiahaermits and the development allowed by the request for a Substantial proposedDeviatichange which brought about n. the provisions of CITY and the AUMORITY specifically agree that and paragraph 30 of and 39 of the Master Development Order DARthe Increment I Development Order will be TMcinapplicable and inadmissible in any litigation brought by the (1987) and Yjunctiva action concerning Chapter 380, F.S., Purportedly he CITY and AUTHORITY hereby waive said right DEPARTMENT, Y those paragraphs solely as to the Master Dthe welo The CITY and the AUTHORITY shall not e at the com Pmant Order Pursuant to paragraph 40 of thatscindOrder on CITY and ADO ZT otf the Increment I Development Order until the the Increment Z Ve fulfilled the mitigation Development Ordar, requirements of Application' The DEPARTMENT has received AUTHORITY, for Development Approval the Consolidated no lon er The DEpAR a (CADA) from the CITY and the g an issue of the appeal. peals that submittal of the CADA is orders as 9. The Parties agree Ipproved shall begclaritiedtbe Downtown DRI development stipulation of Settlement. y the terms of this effective upon This stipulation shall became p the tiling, by the Department of a Notice of 9 ` 973 Voluntary Dismis ' with the Division Of Adminiat " ve Hearings. shall inure0to The rights and the benefit of obligations of the parties hereto successors and assigns of the and shall be binding upon theparties. the date Ili The date of execution of this agreement shall be agreement that the last party signs and acknowledges this costs, incl12- udinEach party of this proceeding shall bear its own g attorneys leas. Stipulation3simultan�sly with the Masand AUTuoRITY tereto Develop en this the Increment 1 Development Order in the public recordsOOfeDade d county, Florida. A copy of the recorded Stipulation 'shall be provided to the Department within 30 days alter the effective date of the Stipulation. Approved/s to form and legal suffici4cy: - 9� Lucia A. Dougbgrty. City Attorne►, City o! Miami W rHMS : CITY or MjWj By: Cesar Wtty City Manager Attested by' i,city Clerk The �—�_ dayeooin inst ent was acknowledge !o me this -' Notary public, State o! Florida My commission expirt& umPublic n t o.of AFlorida Im aioec u nanl hm Una. Approved as to form and legal Sufficien Ave y town Dever ment Authority or STATE OF FIARIDA a foregoing trument was knowl —�a►a�� day of by g d befor? ce this otary 1 c, Sta a o: rlorl.da My commission expires: Notary Fi*, Sit!$ d ftvid;d µY Commission isr+ss luoa V, tnj STATE OF FLORID; COUNTY OFt<, Approved as to tors and legal Sufficiency! �.nurenCe jrq&&ay, can*rsl Counsel, kUG-Par-tment of community Attairs WITNESS. - WITNESS., s.w. STATE OF FLORIDA COUNTY OF LEON DEPARTMENT OF COMMUNITY AFFAIRS Thomas C. Pelham, Secretary C. 2740 Centerview Drive Tallahassee, Florida 32399 C forage nq inst me was fowled-, a� me s day o..fC2 ° by _ asa Florid Daga of Community Attairs— ,�an a e ' �s a► an ia�alf of the Department. n�'et the state of / l7�fA en e �Wota�Publ�ic, tate ofFlorida My commission expires; A(r 29- � EXHIBIT "B" !lAS1n Do cONDITI01ts 2. within 6 months of the effective date of this Development. Order, adopt and implement a uniform ordinance that incorporates a requirement that Net New Developments shall mulch, spray or plant grass in exposed areas to prevent soil erosion and minimize air pollution during construction. Applicability; (a.) All development, other than (b.). (b.) Exceptions for development with exposed areas of less than S.000 square feet; or areas that will be exposed for g0 days or less. 3. Within 6 months of the effective date of this Development Order, adopt and Implement a uniform ordinance that incorporates a requirement that Net New Developments shall place,temporary screens, berms, and/or rip - rap around sites under construction to filter or retain stormwater runoff during construction. Applicability: (a.) All development. other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; or where existing drainage facilities are adequate to retain stormwater within the site. d. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance or establish an accepted procedure to require Net New Developments to design, construct and maintain stormwater management systems to meet the following standards: a. Retain the runoff from at least a 5-year storm on each Parcel of Land wherever feasible and construct drainage systems as proposed in the Consolidated Application for Development Approval (CADA). Consistent Page 1 of 10 with the CADA, individual drainage systems must be designed to retain at least the first one-incn of stormwater runoff within drainage wells and exfiltration trenches. Applicability; (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 0-4 of the "Public Works Manual" of Dade County and the South Florida Water Manag event District Rules. b. Install pollutant retardant structures (catch basin with down -turned inlet pipe or other Dade County DERM-approved device) to treat all stormwater runoff at each individual drainage structure and/or well; and Periodically remove pollutant accumulations. Applicability: (a.) All development except. as may be .exempted by Dade County DERM pursuant to the South Florida Water Management District Rules. c: Limit application of pesticides and fertilizers in vegetated storm water retention areas to once per year for preventive maintenance and to emergencies, such as uncontrolled insect infestation. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land Improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill. d. Vacuum sweep all parking lots of eleven or more vehicle spaces and Private roadways serving the parking lots at least once per week. Page 2 of 10 0 9 - 973 Applicability; All development, other than (b.). (b•) Exceptions for renovation of existing structures or land Improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill. e' Both during and following Construction, prevent the direct flow of storuwater runoff (that has not been pre-treated pursuant to Condition 4a* above) into surface waters. Applicability: (a•) All development; other than►(b.). (b•) Exceptions for renovation of existing structures or land Improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of Tess than 10,000 square feet; or where' existing drainage facilities are adequate to retain stormwater Within the site. 5. Require Net Now Development to comply with Dade County hazardous waste requirements by the adoption and implementation of a uniform ordinance. as may be found by the City to be applicable and necessary, providing for hazardous materials accident prevention, mitigation; and response standards; as described in a. through h. below. These standards shall be maintained by individual developers who shall r r ease agreement or building rule that all tenants classified bbya . STCI ode listed in Appendix iZA-B of the CADA, incorporated herein by reference, that use; handle. store, display. or generate hazardous materials (materials that are ignitable, corrosive. toxic, or reactive); including those identified an page 6 of Appendix SZA-A of the CADA comply with these standards; provided however, that the uses in and the wastes listed in Appendix 12A-8 of the CADA shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials; or wastes by amendment to the "County and Regional Hazardous Page 3 of 10 - 29 63 Waste Assessment Guidelines- incorporated by Rule 17-31.03(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or stored shall be constructed with Impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. Applicability: (a.) All development, except as may be exempted by Dade County DERM, ,pursuant to Section 24-35.1 of the Dade County Code. b. Prohibit any outside storage of hazardous materials or hazardous waste- The exception to this condition is for retail associated with residential nursery activi goods typically and garden pesticides. Those areas used for the such these lgoods are subject to the requirement contained in Condition Se. below. Applicability: ` (a.) All development, except as may be exempted by Dade County GERM, Pursuant to Section 24-35.1 of the Dade County Code. c• Require that any area used for loading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. Applicability: (a.) All development, except as may be exempted by Dade County DERM, Pursuant to Section 24-35.1 of the Dade County Code. d• Require all hazardous waste generators to contract with a licensed Public or private hazardous waste disposal service or processing facility and provide Dade County GERM copies of the following forms of documentation or proper hazardous waste management practices - a hazardous waste manifest; - a shipment to a permitted hazardous waste management facility; or a confirmation of receipt of materials from a recycler or a waste exchange operation. Page 4 of 10 09- 973 111 —Ca 11lity; (a-) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code.e. , Prohibit gener facilities ation of hazardous effluents, unless adequate Envirities a. approved by Dade County DERM and Florida Department of onmental Regulation, are constructed and s, .used by tenants generating such effluent Applicability; fa•I Ali development: except as may be exempted by Dade County DERM, Pursuant to Section 24-35.1 of the Dade County Code and regulations of FDER. f, Dispose of hazardous sludge materials pretreatment in a manner approved b generated by effluent Protection A9�cy and the Florida Department of Environrtental Regulation. Environmental Applicability; !a-1 All development; except as may be exe mpted by Dade County DERM, Pursuant to Section 24-35.1 of the Dade County Code and regulation Of FDER and EPA. 9• Notify any tenant generating wastes of the penalties for improper disposal of hazardous waste pursuant to F.S. 403.727. Applicability - (a.) All development, except as may be exmspted by Dade County DERM, Pursuant to Section 24-35.1 of the Dade County Code. D Council staff; Allow reasonable access to facilities for monitoring by Dade County Regal tion and the Florida Department of Environmental Regulato assure compliance with this applicable laws and regulations. Development Order and all Page 5 of 1D ���- 973 Applicability: Ia.) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. 4 6. Enact an ordinance requiring Net New Development to remove all invasive exotic plants, including M elaleuca, Casuarina, and Brasilian Pepper, from their Parcel of Land as the parcel is cleared, and use only those Plant species identified in Appendix 8-4 of the CADA for landscaping. Additional species imay be used only if written approval is provided by Council staff. Such approval will be based on the species under consideration meeting the following criteria: - does not require excessive irrigation ex - does not require cessive fertilizer application - is not prone to insect infestation or other pests is not prone to disease - does not have invasive root systems - such other criteria as may be appropriate. Applicability: (a:) Removal of invasive• species applicable to all development. (b.) Use of species listed in Appendix 8-4 of the CADA applicable to all development, other than (c.). (e.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill. City Manager to establish procedures whereby the Police Fire Department shall make recommendations to incorporate into the design and operation of Net New Development. v.-!ter than (b.). Page 6 of 10 09 - .9"�3 D (b. Exceptions for Police Department recommendations for excavations or deposit of fill: 9. Collaborate with the Dade County School Hoard, by providing planning information and information on Net New Development of residential units, to address concerns regarding the availability and access to schools for students from futurb residential development within the project area. Applicability; (a.) All residential development. 10. Encourage the incorporation of energy conservation measures into the design and operation of Not New Development by requiring that, at a minimum, all Net New Development -shall -be constructed in conformance With the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). Applicability; i (a.) All development, except as excluded within the State Energy Code. 15. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that wastewater treatment capacity will be sufficient to meet the needs of that development. Applicability; (a.) All development that requires an increase in gallonage of wastewater. IS. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that an adequate water supply will be available to meet the needs of that development. Applicability; (a.) All development that requires an increase in gallonage of water. Page 7 of 10 09 i� �l W Yet' �'!• v k4' redevelopment means any new construction that replaces, with an equal or lesser amount of square footage; an existing structure that had a valid certificate of occupancy on the effective date of the Increment I Development Order. 9• Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car poet information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and C. encourage mass transit use by the provision of bus shelters; bus turnout lanes; or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited e the list entitled "Table 4.9 Potential Transportation Control Measures (°s) for Downtown Miamin on TCM ordinance must be approved by Council pa f metheOFlorida Department of Communi Transportation. ty Affairs and the Florida Department of Applicability: (a•) "a." and "b." above applicable to all development, other than (b.). "e." above must be applied with discretion to only those developments where specific transit amenities are needed and where the scope and cost of the construction would justify the expense Of providing the specific transit amenity. (b.) Exceptions for renovation of existing structures or land Improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10.000 square feet; excavation; demolition; or deposit of fill. Page 9 of 10 29.-.973 N �c•1 The TC?l ordinance Will be presented to the- South Florida Regional Planning Council prior to adoption, and the applicability will be addressed at that time. a page 10 of 10 63") _ Diane M. Parker, Esquire Department at Community Attairs 2740 Canterview Drive Tallahassee, Florida 32399-2100 Joel E- Maxvell, Esquire Assistant City Attorney. 100 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 Robert N. Sechan, Esquire 2400 AmeriFirst Building One Southeast Third Avenue t Miami, Florida 33131 Jack ostarholt Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hcllywood, Florida 32021 Patricia A. Woodworth Secretary, Florida Land and Water Adjudicatory Commission The Capitol Tal"hassaa, Florida 32399-0001 09~ 973 z Office O.Owsm �etall/Ser,tict ' 0.OW19 Hotel (per raw) 0.202 kskential (Her d.U.)' 0.1360663 Cawastien 0.00011� *""ate/1sdustrial 0.000132� tnetiMaat " 0.00132 �""t iar�s/Oecnstiery. sets O.00igsag _ ' fee Facilities 0.000SgaS UM Table -I (per VMS S � io0 .,ATU M mono ul a0 . except as GUMVite !wlleated) ---- Ottlre pull/ hotel Ihsidmtial Serr►re (per r+oo� Coweatlon (per CU.) In4u3t�rial lastteettonal "MM ..1.1632 0.0030 O.W2 1.0000 O.M6 47.6104 M9.2100 1.On 22713M 262.1309 0.6735 0.1905 0.2197 p�pp06 0.2212 0.2�1 0.0007 2.2M 2.5434 0.0065 3. M 3.960 0.010Q ONO 1- •1532 0.0010 0-0044 gam 4.5204 0.0038 0.1511 6.b526 3.91" 0.3932 1.4047 1.771.929i 1,525.i7Hi9 153.0303 1•0000 11193./763 1,0V.6155 103.0730 O.ODtIs 1.0000 0.8610 0.0010 i.161� 0.0w 1.0000 0.1003 0.0097 it.5789 9.908 1.0000 0.0151 18.0596 13.5498 1.5597 00.4531' forwala for Calculation >yj► • t wo" rate x on1 y both nPresent the amber of pp leak flour Exieraal Motor 1►ahlrTe Trip Ends derlred fftA the Oowntan HIM A.s.11. p Per w!t of Tent use Attractigns/ "oe pecreatice iacy� t`�s (per seat) 0.2907 0.2521 ".1151 66.0652 O.OSS4 0.Ow 0.6112 1.0000 0_2907 3)I�g10; 0.1905 1.205S .00c� CT� IRK y 7 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM ro: Honorable Xavier L. Suarez Mayor =ROM: Cesar H. Odio City Manager DATE: February 24, 1988 FILE: SUBJECT: Downtown DRI - Land Use Exchanges REFERENCES: ENCLOSURES: Per your request during the February 11, 1988, City Commission meeting, the Planning Department has prepared the attached table,' which shows the factors... by which one land use may be exchanged for another land use in the Downtown_::.- DRI, These factors, or "exchange rates",.are based upon the PM peak hour- 'J" external inotor'Vehicle_'tr-ip,-Oeneration rates used for each land use catagoryY= in the D6 ntowh DRI. F The land use exchange rates would be applied as follows. If, for example, one or more developers were fo apply for permits to build a total of 1100 hotel.., rooms within the Downtown DRI area (only 1000 hotel rooms are approved in the Development Order) the deficit of 100 hotel rooms could be covered by using development credits from a different land use category.within the Development Order. Using the land use exchange rates on the attached chart, 100 hotel rooms could be exchanged for: 33,751 sq. ft. office space; or 38,921 sq. ft. retail/service space; or 148 residential dwelling units; or 177,193 sq. ft. convention space; or 152,568 sq. ft. wholesale/industrial space; or 15,303 sq. ft. institutional space; or 9,812 seats in attractions/recreation facilities; or any equivalent combination of the above. Chapter 380.06(19)(b)18. Florida Statutes would allow the City to approve unlimited exchanges among the office, retail/service, hotel, and industrial/wholesale land use categories provided that the exchange rates described herein are used to assure that there would be no additional regional impacts resulting from the exchange. The Statute is not so explicit concerning exchanges that may need to be made involving any of the other land use categories. Presumably, in such cases the City would need to make a formal finding that the proposed exchange would not constitute a substantial deviation; and the South Florida Regional Planning Council and the Department of Community Affairs would need to concur. In all cases involving land use exchanges, the City Commission would be required to authorize the exchange at a public hearing. Page 1 of 2 C 13 LAND USE EXCHANGE RATES FOR:DOWITOWN DRI 44 One a s: Office sq. ft. may be exchanged for " 1.00 1.15 m.003 •0.004 5.25 4.52 0.45 One s.f. s.f. ` rm.. d.u. s.f. s.f. s.f. Retail/Service s.f. may be exchanged for �. 0.87 1 00 00 d a 0.29 seat One s.f. • ,. 's.f.'' 0:003€�0.004 :.�'t d.u. 4.55 3.92 0.39 0.25 Hotel room may be exchanged for u` s.f. s.f. s.f. seat One 337.51 s.f. 389.21 - s.f,..".ue 1.00•,Y"1.48 1771.93 1525.68 153.03 98.12 Residential d.u. may be exchanged for ` ^ r s.f. s.f. s.f. seat One 227.33 s.f. 262.15� s. f. 0 Q •67j. ��1.0 1193.48 1027. 62 103.07 66.09 Convention sq. a exchanged ft. may b ged for0.19 ;`'t, rn9:;�.d.u. �:..,. . s.f. s•f• s.f. seat One Wholesale/ 0. f. s.f. 0.22' ,• s.f. O 0f ;.,0:001 .:rm. `` d.u. 1.00 0.86 0.09 0.06 Industrial sq. ft. may be exchanged for s.f. s.f. 's.f. seat One 0.22 s.f. 0.26 s.f. 0.001 0.001 rm. d.u. 1.16 1.00 0.10 0.06 Institutional sq. ft. may be exchanged for ' s.f. s.f. s.f. seat One . 221. s.f.. 2.54 s.f. 0.01..,...0.01 rm..' 'd.u. 11.58 9.97 1.00 0.64 Attraction/Recreation seat may be exchanged for. 3.44- s.f. s.f. s.f. seat C� s.f.` 3.97. s.f. 0.01. ,:.:0.02 d.u. 18.06 s.f. 15.55 1.56 1.00 .rm: s.f. s.f. seat J--87-1108 — s R ��'f Mastersl aesoluttON No. 87-11413 A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN EXHIBIT •A•' AREA OF THE CITY OF MIAMI'UNDER THE JURISDICTION OF THE MiAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK VEST -AREA AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF' REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI NING PLAN ADVISORY BOARD, SU8JECT'TO THE CONDITIONS AN THE MASTER DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT •A•, THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE MASTER DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND MASTER DEVELOPMENT ORDER TD AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE MASTER DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, on November 26, 1996, the Downtown Development Authority of the City of Miami submitted a Complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami pursuant to F.S. 380.06 (1987). for the ongoing development through the year 2007 of a Portion of the area within the DOA jurisdiction, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held an December 9, 1987, following an advertised public hearing, adopted Resolution No. 74.87 by 6 to 2 vote, recommending approval Order of the Master Development for Downtown Miami as attached hereto; and WHEREAS, on December 10, 1987, the City Commission conducted a public hearing pursua..: to F.S. 380.06 (1987) and WHEREAS. the City Commission considered the Application for Development ADProval, the report and recommendations of the South Florida Regional Planning Councii, and each element required to be Considered by F.S. 380.06 (1981); and -A� +�I/s71.f� ` C17Y_ ! i.:::...,..�': a i r r L2-L",* : � � 1 WHEREAS. Ua ;ay Commission determined that all regiments of notice i 'r rt �'a and other legal requirements for the issuance of the proposed Master. Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the'best interest Of the general welfare of the City of Miami to issue a Master Development Order as hereinafter set forth: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1: The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Master Development Order for Downtown Miami, which is attached hereto as Exhibit "A` and made a part hereof by reference, and is applicable to an area of the City of Miami under the Jurisdiction of the Downtown Devel-opment Authority with the exception of the Southeast Overtown/Park West Redevelopment District, as more particularly described in Exhibit "A". Section 2: The Master Development Order for Downtown Miami (Exhibit 'A') is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit 'A" and copies of all exhibits, attachments, and written materials, including Portions of ordinances referenced in the text of the Master Development Order to: The Florida Department of Coasaunity Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3 "0 Hollywood Boulevard. Suite 140, Hollywood, Florida. 33021; and the Downtown Development Authority, Suite 1800, One Biscayne Tower; Miami, Florida 33132. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Master Development Order. Section 5. In the event that any portion or section of this Resolution or the Master Development Order for Downtown Miami (Exhibit "A•) is determined to be invalid, illegal. or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining Portions of this Resolution or the Master Development Order for Downtown Miami (Exhibit 'A"), which shall remain in full force and effect. 2 ���Y�i PASSED AND ADT TED this 1� Othdar of berember 198�. v XAVIER L. SUAREZ. MAYOR ATTEST: I�IATTY HIRAI. CITY CLERK PREPARED AND APPROVED By: J L E. MAXk�ELL SISTANT CITY ATTORNEY ADOUGHER AND CORRECTNESS: CITY ATTORNEY s_ 13 �_ 1 4 . FA EXHIBIT 2 LEGAL DESCRI '0N OF SUBJECT PROPERTY: Begin at the intersection of the centerlines of N.W. Sth Street and beginning also being the N.W. N-W. 3rd Avenue (east side of N-5 Expressway (I-95)); ;aid point of corner of the district; thence run southerly along the center line of N.W. 3rd Avenue and the easterly _ centerline Side Of the N-S Ezpresswa to the y of West Flagler Street; thence westerly along the centerline of said West Flagler Street to centerline of the Miami River• thence meanderingsoutheaster) along the eentarline of said Miami River y 9 the a point of intersection with easterly right-of-way (R/W) Florida East Coast line of Metro Ra id Transit R/W (formerlythe (F'EC) Railroad p RJW) said R/W line being SO feet easterly of and parallel with the centerline of said Metro Rapid Transit R/W; thence run southerly and southwesterly along said easterly R/W line of Metro Rapid Transit to the intersection with 15th Road; the centerline of S.W. thence southeasterly along the centerline of Point of lntersect.ton with the souther) ISth Road to a y prolongation of the westerly line of COSTA BELLA DEVELOPMENT northeaster) SUSOIYISION (107-14); thence Y. northwesterly and northeasterly along said westerly line Of COSTA BELLA to the intersection with the southerly rigyt_of-way line Of S.E. 14th Lane; thence southeaster) northwester) Y. ^ortheasterly$ northerly, and Y along said Southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwe:teriy property iine of lock 2 Of VIEW thencas recorded in Plat Book 2 attPage 31 B93 of nded Plat of POINT County. Florida;• Public Records of Dade said Lot 31 g the northwesterly line of to the noe northeasterly alon the Prtheasterinorthwesterly side of the existing ten foot alley in Block 2 of said POINT YIEW; thence southeasterly along the northeaster side of said ten foot alle lY between Lots 4 and 5 of said B ock 2 r POI Intersection NT with the Property line alC.".a :aid l ine VIEW; thence northeasterly Of Lots 4 and S and centerline of its prolongation thereof to the S.E. 14th " Street: thence centerline of S.E. 14th Street southeasterly along said existin to a Point of intersection with the 9 bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Say to a point . boundary of intersection with the southerly .Y of Claqhton Island 19 0 ei `' ^ n 7 XHib 1T 2 lint Crete!etr�N OF SUg,i�T OROPpITt<: . Ueg1n at LhR 111teriettl0m of the CRnterllnea Of N•y Sth Street and N.M. 3rd Avenue (test side of N• S Expressway (I•gg))► said of 1nn1 point of g n4 also being the N.Y. Corner of the district; thence nun southerly along the Center ifnR Of H.Y. 3rd Avenue and tho tatteriy soot of the N•S Expressway to the centeretme of West Fla ler S g fit• thRmeR westerly along the CemtRrtine of Lo the canNrline of the Miul River; then" Mamdertng aoultJaebtRrt Along W Centerline of said Mtamt Rivery easterly right•of•way (RV) "r point of intersection Via the of Metro �tta/Y (for Florida East Cast (FEC) Railroad R/11) aid RAY ling � � �! easterly -of eaed parallel feet n. , with the Canyrifto of said Metro Rapid Transit R/W; thence ran southerly - and s WtAwestirly along said easterly in lfeo of Metro Rapid Transit to the f . mr=eetlae with the Caatarlfna of S.W. 13N Reed; theme sautheasterl y along flea Ceaterttne of lsth R ' point of taterseCtiae withload to a southerly Pr+oteigattaa of tha westerly tine off ' CW aaLA oc�PMR�rr SWOrilslor t1O7.14Di thee" + theastarly, at;. no�aresterly and nortsaasbrly at �! said westerly line" of COSTA 'CLU to the intersection wide the setftAerly right.o{ • -W Ifft of S.E. ldth Lane . them southeasterly, " meri3ia astar9y; aortherl y al � y: and northwesterly oag said southerl S-t. Iath y arty right.ef. Ifae or Lane r `phi. and S.2. 14th Terrace • rraa � .� .iabrsecttaa wite aer'thwestarly pr'o"M {t j tfna of Lot 31 /loci 2 of Amended Plat of Po11R rI®i as recorded to Plat 100 2 at ►a g0 !3 0/ the Iuhlic Record= of oade Caump�, Florida; `} then" morbaastaa•1 :aid Lot 31 to y along the northwesterly line of- n rtheastert y side of the existing tea toot Ailey in Olack 2 of said P01NP V=; thence aaatheasterty al side of said ton f4qt � the nartheastarly i � s mot alley to the tater3"WOM with eea Lob 4 the propergr line" betwand s _} of said IT*,*2 of p0W YMy. ; along acid 91aa of Lob t themenv asterly mad f and its Pre)O"a"M thereof -fee the centarltas Of S-L 14th SbWt; thence s "atertiti Of. S.[. Ydtle s outlwasterly atoaig said tenet to a Point of tatersoe"M with the extsting bulkhead and sh"Ifee of staeap" nortlarl enenelertAg along Say; theme y ng the existiat btalkheed and sharettne of •i: point of tnterfetttoa with w'nR gal' to a the southerly boundary of Claughtoa Island r MEN 12 4� tv}5 a� 7' S } j X. k' - F .. tC�i•'°4�'1�+PF.'`.4"�it.�iii:^•P�cjdfy' ing + Ski j'. rMz "=I-nv 119 11) - CONPOSTTE EXHTBTT 080 0— J-91�751 9/17/91 RESOLUTION N0. 9 1- 6 9 S A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 1149, ADOPTED DECEMBER 10, 1987), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA); BY AMENDING THE MASTER DEVELOPMENT ORDER BY UPDATING THE NAME OF THE AGENT AND DEPARTMENT AND ChANGING THE INCREMENT I PROJECT DESCRIPTION; BY AMENDING THE INCREMENT I DEVELOPMENT ORDER BY UPDATING THE NAME OF THE AGENT ' AND DEPARTMENT, EXTENDING THE BUILD-OUT/TERMINATION DATE OF INCREMENT I FROM DECEMBER 31, 1992, TO DECEMBER 30, 1997; SIMILARLY EXTENDING THE DATE FOR PROTECTION AGAINST DOWNZONING; EXTENDING THE DATE FOR COMPLETING AIR QUALITY MONITORING FROM MARCH 15, 1991, TO MARCH 15, 1994, EXTENDING THE TIME TO CONTRACT FOR CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS FROM FOUR YEARS TO EIGHT YEARS FROM THE EFFECTIVE DATE OF THE DEVELOPMENT ORDER, AND SIMULTANEOUSLY INCREASING AND DECREASING THE QUANTITY OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN INCREMENT I; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES (SUPP. 1990), AND ALSO FINDING THAT THESE CHANGFS ARE IN CONFORMITY WITH THE MIAMI• COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master development order for the Downtown Miami Development of Regional Impact, and Resolution No. 87-1149 approving the Increment I development order for the Downtown Miami Development of Regional Impact; and WHEREAS, development in the downtown area has progressed at a slower rate than anticipated in the Increment I development order, thereby necessitating an extension of the project build- out/termination date and several related deadlines within the development orders; and WHEREAS, the land use categories for attractions/recreation facilities and hotels need to be increased to accommodate Proposed new developments, while there is a surplus of unused development in the office land use category; and —� CITY COI: IUSSION ATTACHE A,ENTs MEEMIG OF SEP 28 1991 CON AINED - '73 �f70t YIWp y, � 1. WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 17, 1991, following ail advertised public hearing, adopted Resolution No. PAS 48-91 by a 8 to 0 vote, .=.,.,,,,,,,ending approval of the proposed amendments to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1990), on August 12, 1991, the Downtown Development Authority submitted a Notification of a Proposed Change to a Previously Approved DRI, to the City of-kiami, the South Florida Regional Planning Council, and the Florida Department of -Community Affairs; and WHEREAS, on September 26, 1991, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest of the general welfare of the City of Miami to amend the Master and Increment I development orders for the Downtown Miami 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 proposed amendments to the Master development order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1148), which are attached hereto as Exhibit "A" and made a part hereof, 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 t- (Supp. 1990). These amendments eie in conformity with the Miami Comprehensive Neighborhood Plan 1989- 2000. Section 2. The attached amendments to the Master development order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 3. The proposed amendments to the Increment I development order for the Downtown: Miami Development of Regional Impact (Resolution No. 8701149), which are attached hereto as Exhibit "B" and made a part hereof, do not constitute substantial deviation and, therefore, do not require further development of regional impact review pursuant .to Subsection 380.06(19), Florida Statutes (Supp. 1990). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 4. The attached amendments to the Increment I development order for the Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved. PASSED AND ADOPTED this 26th day of September 1991. AT XAVIER L. SUAREZ, MAYOR NATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: WELL (je STANT C Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.Q IJtd JON ACTIN CITY ATTORNEY JEh!/db/14 480 f. o5- 973 Ex!; b i ; Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami Matthew Schwartz AUTHORIZED AGENT OF DEVELOPER: Rej F. bentie, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increment I Increment II Increment III Totals Office PAW 50 14,219. 0 (gross square feet) a 99;999 3,600,000 3,700,000 +474GOT 66 Government Office (gross square feet) 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel 1.500 3,I00 (rooms) +" 4 500 1,100 9.;,K- Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/Industrial (gross square feet) 1.050.000 0 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,000 600,000 Attractions/Recreation 6.500 13,100 (seats) 3-4BA 1,600 5,000 =.L-z Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as 'Park West', as illustrated on the map in Exhibit I and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of Farrd,---including approximately 78 acres currently zoned and �+eveloped as City parks. �,` �i - 73 rf r a ���r -.s�, NAME, am r � � r s�a�s a + The Information Management Company 305-477-9149.800-287-4799 • FAX 305-477-7526 is a photocopy in poor condition FC 017 Exhibit 3 page 1 STATE OF FLC .IDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING ANO MANAGERtNIT BUREAU OF LAND AND WATER MANAGEMENT 2371 Executive Center Circle. EAST Tallahassee, 23fiortda 32301.6244 1904) teQ"49 OLWM-0 -63 Subsection 300.06(161. Florida Statutes, pieces The responsibility, on The developer of an avoroveo develoomenT Of regional Imoac? WRI) for submitting an annual report To The local nm goverent, the Regional Planning Council of Community Affairs; and tTne Deoartmsnro ail date speaffected permit agencies. on The developer O tTo In The DevOic"OnT Order. The failure of a suomlt the raoort On the'daTe specified in the develODmanT order may result In The Temporary suspension of the develODment order Dy the local 9OVernment Until The annual report is tuff"Vo To The review agencies. This reouire". wr aDoiles To ail developments Of regional imDSCT which have Dean approved sine& August 6, 1980, If you have any CURSTIOns SCOUT This (90uira0)4a repot., call the ORI EnfOrCananT Caordinator aT. Please send The oridinal cOmoleTao annual report TO the designated local pvernmin? official stated in The develoomenT order witn 11) cony to each of The followino:• e) The regional :lannina agency Of jurisdiction: D) All affected permitting agencies; c) Devision of Resource Planning and ManagemenT Bureau Of Lana ano Water managanent 2571 Executive Center Circle, EAST Tallanssaee. Florida 32301 Please forms? your AnAual STATUS R&DOrt after The fermaT example arovided DlIOw. ANNUAL STATUS REPORT ReDorting Period: to lntn/ ay/Tear I'UnTn'/ 0Y/ Deve ioomer+t: name of ORI vocation: ' aunty Oevelooar: Name; ->•7anV Atme fi. Address: "'-ME I.JCaTICr. 67 SHdge; then �� lterly � = along the said southerly R a of'tlaughton Island Bridge to the intersection with the westerly, bulkhead tine of Claughtcn Island, said bulkhead line being part of the Metropolitan Dade ,County Bulkhead Line as recorded in Plat Book 73 at Pagp 18 of the Public Records; thence southerly, easterly, northerly and. westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland do the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River•to the intersection with the easterly R/W line of Brickell Avenue Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulk line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Say to the southerly property line Of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E. 17th Street and its extension thereof to the easterly R/W line of the FEC Railroad; thence southerly along the easterly R/W line of the FEC Railroad to the limited access right-of-way of I-395; thence southeasterly and easterly along the limited access right-of-way of I-395 to the centerline of Biscayne Boulevard, thence southerly along the centerline of Biscay.. Boulevard to the centerline of N.E. Sth Street, thence westerly along the centerline and N.E. and N.W. Sth Street to the point of beginning. The above described area contains approximately $39 acres. fj 0� 3 20 Exhibit 3 Page 2 Page Two 1) Describe any changes made In The proposed clan of development, phasing, or In the reoresomTsTlans conTgined in Tne Application for Dav*iCMWnT Approval since The Davoloomant of Regional Impact received approval. please note any OCTlons (substantial datarminaTtons) Takan by local g*vOrnmenT TO address these Changes. Note: If a response Is t0 be mere Than one sentence, attach as Exhibit 'A' a oaTallad description of each Change and copies of The modified site plan Cravings. Exhibit 'AO should also address The following additional Items I.f applleaels. al 'Describe Changes In The Plan 'of develoomenT or phasing for The reporring year and for The subseauent years; b) :tare eny known Incremental DRI apellcatlons for develazmenT approval Or recuesTs for a suasTanTlal Cevi4T1Cn dOtar9rinaTion That were filed in The revarTing year and TO be filed curing The nexT year; C) A"acn a Copy of env nOTICe Of Inc aCO:tlon of•a CavelopmenT order or The subsaouanT mOCIfICaTIOn of an adopted CevelO::aenT Order They was recorded by The Q0vGIC2sr pursuanT To SubSOCTlon 380.06(14)(d), F.S. 23 Has Tnerg peen a Cnanag in IOCaI COvernmenT jurisdicTlon for -limy par -Ion of The CevelOpmenr SinCe The COv6ICVM8nt Order was ';sued? It 30, has Tne annexing local gOvernmant adopted a now DfvelapQenT of Regional Impact development order for The prOjOCT? Please provide a CCOy Of The order aCOOtgd by the annexing. local governmenT. 3) provide copies of env revised mesTer pians, incremental site plans, OTC., not previously supreiTTeO. ►tote: If a ras:onse is To be more than One or two sentences, aTTa:n as Exhibit $o'. d) Pro ids a sun.aary Comderison of developmnT aCTlviTy proposed and actually Conducted for the reporting year. Example: N mogr of dwelling units COnstruCTgd, site Improvg- menTs. lots said, acres Mingo, gross floor area construcTao. bsrrels of storage Capacity CcW-I@tad, permits COTaineo, OTC. If a respOhig iS Exhioit '�'. TO be more Than One sgnTgncs. Crrach as xhi 5I Meve env UndOVOIOOgd treCTs Of land In Tne OSVOIC:MenT �..S,ptnlr Tram inoividue I sing.le•feyily IOTs) been 2:1C Ter& $*Sara?@ a"Ti'ty Or, devel::Ir?' If f0. ':entity Tract. itS ii2a, iv nTn! Cuvfr. %'Celt :rOvide me:s ►nien snow The Tr=:TS cj eJJ 973 n'J' lye:. c.�yr i, A AmIllimmuclL 1. ttkgy 40"'Iftlyt9111 Iaq taaR IlrstiNMtal Iaaa 3. t�•.ta Try �br �rtlMalagtat ilr� 2� ��� arewnel�al IIOP . t• !� MITa nreloslsMai Z. s ys 4046"IrHal law T. trltsll AreilTal t. trtepll PMaala4lal I�r T. I" mp a cwm �ae�ieltat Iaen ltl. I — �ral�Tal 2w 11. reel aa, apauel"Iral tar nr.o w e.eeWas w 6-uw& M w wa w MAP 0-3 ARCHEOLOGICAL ZONES��w "`-'"ww DOWN i01,IVN MASTER PLAN DEVELOPMENT OF REGIONAL IMPACT tom• Exhibit .5 Page 2 ei►r+�•oy_as Page -Two 1) Describe any changes made in the pill Dian of Application for DlVeIOmpplicatin. hasising• * In The reor/senTaTlons Contained In the int Approval since The DeY@lOomenT of (sYDiTahTlae Regional ImpT received aooroval. Please not! any actions 61 dettf7Binations) Taken by These Changes. local government TO address Exte: I fAa resoonse Is to be +++Ora than one sentence, attach as e detailed descripticn of eacn change and capita of The a+odifled site plan drawings. Exhibit 'A' should also address The following additional Iteias If applicable. a) •DtsCrlbe changes In the plan of dovelooplial or phasing for Ths reporting year and for The subsequent years: b) State any known incramental DRI so:IICaT(Ons for dtvtl0:menT ao:r_val or reCuesTs for a sua$TanTlel deviation detOrminaTlon They were filed In the rpborTing Year and To as filed curing The next year . c) Attach a COPY of any notice of the see" Ion of•a dav/IODmenT Order or The suostouanT modlflcaTlon of an : a000Tdd dtvtlO=QnT Order That was recorded by Tht davtloZar pursuanT to Subsection 350.06(14)(4). F.S., 2) Mas There been a change in local COverhmenT jurisdiction for "Y DOrTlon Of The GiveiozmenT since Tna develoMent order was issued? If so• has ?no annexing local covernmenT adooTed a new DtYeloanenT of Regional Imoaet davOiCOmenr order for -rho Drojeen? PtaProvide ennexinc locall govtrhmen Ts COZY of The order aZted by the , do 3) Provide coal es of any revised master plans. incremenTal site plans, ITC., nor arevicusiy su:mitTed. Note: If a res:onst is To be more Then one or two sentences. aTTa:n as Exhibit 'o'. 41 Provide a "Mary comaariscn of development activity ` Proposed and ac " lly Conducted for the raoorring year. Examola: Mumdtr Of dwelling units canstrucTad, site improve- ments. lots sold. aces minad. gross floor area constructed, barrels of storage cabscity CO= lated. Permits o:Tainsd. atC. If a resDClse Exhioit �C•, is TO be more Than one sentence, ttTacn as xhi s) Nave IRVdiv Undeve duals lab" t"CTs of land in The COVOIOZMOMT (Other tra^ individual Slab" ICTS) been 2:10 To a se�arsTe e�Tity or@isisl::"? ma:SO. iChnTifv T s siZa. :uvor, ':lease tact i T J involve:, Snow The TraCTs<- eD — e�;r 6 3 era:= . =war '�rL . dY lot v �J 3 �,. dS W'� 3`° �> .` Exhibit S Page i BLMM-07-95 Page Three Not*: If a response Is To be more Than one s*nTanca. aTrach as Exhibit lot. 6) Describe any lands purchased or optioned adJaCanT To The original D*v*IOpmanT of Regional impact site suoseduenT to Issuance of the development order. Identify such lane, its size, and intended use on a site plan and map. If • nsponsa Exhibit let/Is TO be more Than one santane•, attaen as Exh1 72 U st any substantlsl local, s rh(Ch have repo" ntate, and federal permits robtained, permitsa0011ed for, or denied, during This for os en. peridiod. SO*Cify Tne agency, Type of pormiT, and Gatti• for ►dote: If a response is To D* more Tnsn one sentanca, atTaen as Exhibit 'Fl. a) Ass*ss The d*velcpm*nT,s and local government:s• continuing compliance with any Conditions of approve, in Tne DRI d*velo0m*nT order. rantaineo ►dote: ATTacn as Exhibit 'G-. (S** arracnad form) 9) Provide any information That is saeciticslly rred *Oui. by The Dev*)Opment Order To be ineludad In The annual rgauir. 10) STRTn-r been sent coOieseo• tha e n alCr Zo"@rrlfyIli ConformanceThat all withhave sweseeTlons 3E2.06(1e) and (16), F.S. arson C=D Ietins Tne a u*stIonnaire: T1tl*: Representing: f 09 Cit-4 69 J`17-1log COMPOSITE EXHIBIT 68. ""�L2/10Ihch/87 1 RESOLUTION N0. S 7-1 1 4 9 A RESOLUTION CONCERNING 7NE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURI OF THE MIAMI DOSDICTION WNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK PURSUANT TO AN WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN, APPROVAL PRO OSED APPLICATION FOR DEVELOPMENT . T� MIAMI DEVELOPMENT AUTHORITY• INCREMENT I p AUTHORIZINGAli DEVELOPMENT O REGIONAL IMp��; APPROVING SAID THE REPORT AND RECOMMENDATIONS MR CONSIDERING FLORIDA REGIONAL PLANNING COUNCIL AND THE THE SCITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE ATTACHED OF THE INCREMENT I DEVELOPMENT ORDER ATTACHED HERETp AS EXHIBIT A FOR DEVELOPMENT APPROVAL INCORPORATED,THE APPLICA ION THEREFERENCE• AND THE REPORT AND RECOMMENDATIONS OF INC SOUTH FLORIDA REGIONAL PLANNING COUNCIL _ INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAy; SHALL PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER IN E BINDING ON THE APPLICANT AND SUCCESSORS COPIEESS OOFF ST; DIRECTING THE CITY CLERK TO SEND THIS RESOLUTION AND THE INCREMENT I DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL OBLIGATIONS UNDTHE CjTy.S ER THE INCREMENT I DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS. on November 26 1986, the Downtown Development Authority of the City Of Miami submitted a c Develo =Mete Application for Development Approval for a pment of Regional Impact to the South Florida Regional planning the Florida Department of 9 4 Council, Coarainity Atfairs, and the City of Miami pursuant to Portion F.S. 380.06 (1981) f • or the ongoing development through the year 2007 of a of the area within the ODA Jurisdiction, Development Order attached hereto; and as legally described In the WHEN. use Miami Planning 9 Advisory Board, at its meeting held on 9. 1987, follorin 9 an advertised public hearing, adopted Resolution No. 75-87 by 6 to 2 vote, •a••endin Development Order for D9 •approval of th Increment I owntown Miami As attached hereto; and WHEREAS, on December 10. 1987, hearing pursuant to F.S. 380.06 the City Comission conducted a public (1987); and WHEREAS. the City "Mission considered the A Approval, the report pDllcation for Development and recoarmendations of the South Florida Regional ATiACHRENTS co57o-M 1F c of r."ULOSED DEC 10 1987 "� �..9'7"214. " Planning Counrii, and each element (1987); and required to be considered by F.S. 380.06 WHEREAS, the City COMission determined that 8)1 requirements of notice and other legal requirements for the issuance of the proposed Increment I Development Oder had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest Of the general welfare of the City of Miami to issue a Increment I Development Order as hereinafter set forth; NOW, THEREFORE, 8E IT RESOLVED BY THE COMMISSION OF THE FLORIDA: CITY OF MIAMI, Section 1. The Findings of Fact and Conclusions of Law are made with rrspect t0 the Project as described in the Increment I Development Order for Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to an area encompassing that are City of Miami under the jurisdiction n the of the a withiDowntown Development Authority, with the exception of. the Southeast Overtown/Park West Redevelopment District, as more particularly described in Exhibit "A". Section 2• The Increment I Development Order for Downtown Miami, (Exhibit "A"), is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies o ies of p this Resolution together with Exhibit "A" and copies of all exhibits Portions of ordinances referenattachments, and written materials, including ced in the text of the Increment I Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140' Hollywood, Florida, 33021; and the Downtown Development Authority, Suite 1800, One Biscayne Tower, Miami, Florida 33132. Section 4, The City Manager is hereby directed to g y take all actions necessary to fulfill the City,s obligations under the terms of the Increment I Development Order for Downtown Miami (Exhibit "A"). 2 '49 �� -- 9 8 - 5eetion 5. In the event that any Portion or section of this Resolution or tfie Increment I Development Order for Downtown Miami (Exhibit "A`) is determined to be invalid, illegal, or unconstitutional by a court or agency of Competent Jurisdiction, such decision shall in no manner affect the remaining Portions of this Resolution or the Increment I Development Orden for Downtown -RIAmi (Exhibit 'A•), which shall remain in full force and effect. PASSED AND ADOPTED this l Oth day of 2Lcember ATTEST: XAVIER L. SUAREZ; MAYOR �ftJITTY ►URAI, CITY CLERK PREPARED AND APPROVED 8Y: ce /JOEL E- MAXWELL � k-9SISTANT CITY ATTORNEY APPROVED AS gORM AND CORRECTNESS: LUCID A. OOUGHE CITY ATTORNEY 3 j �� r 1� "12/ • f M OF tneresent 1 EXHIBIT 'A• INCREMENT I DEYELOPMENT ORDER "lWE OF OEYELOPMENT: Downtown Miami NAME OF DEYELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEYELOPER: Roy F. Kenzie; Executive Director*, Downtown Development Authority and Sergio Rodrigues, Dirretor, City of Miami planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007. including the following land Land Uses uses and increments: Office Increment I Increment II Increment III Totals (gross square feet) Government Office 71100,000 3,600.000 3.700.000 14.400,000 (grossquare feet) tail/,300,000 Re Service Z50,000 200,000 750,000 (gross square feet) Hotel 1,050.000 400.000 500,000 1.950,000 ( rooms ) Residential (dwelling units) 1.000 500 1.100 2.600 Convention (gross squar f 31550 2.550 2.920 9.020 wholesale/Industrials) 500,000 0 (gross square feet) 0 500,000 Institutional I.D50,000 0 110SO.000 2,100,000• (gross square feet) Attractions/Recreati 3 on 00,000 0 300,000 600,000 (seats) 3,400 1.600 5.000 10.000 Pursuant to F.S. 380.06(22) (1987). the project specifies the total amount of development planned for each land use category, but provides flexibility for gu such development to be located anywhere within the project Area, subject to local land development re latlons. The Project Area includes all n within the boundaries ofroperty e 0owntown Development Authority, exception of that area with the between NE/NW 5th Street and I-395 known as "Park Mess`, as illustrated on the map in Exhibit 1 and described in Exhibit 2 atta-hed hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 18 acres currently zoned and developed as City parks. LE6AC DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: Far -the , purposes of this Development Order, the following terms shall•be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Darntown Miami filed by the ODA on November Pursuant tq F.S. 380.06 (1987).25. 1986, CADA or Consolidated A aplteatton for Prepared pursuant Development Approval': The revised ADA to paragraph 15 on page 13 herein. Certificate --ate of Oecupane y: A Permanent or temporary and/or partial Certificate Of Occupancy issued, Pursuant to Section 307 of the South Florida Building Code, for any Net New Development° as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. ODA or Downtown Development Author- Y of Miami, Florida. the City y: The Downtown Development Authority of DERM: The Metropolitan Dade County Department of Environmental Management. Resources ORI: Development of Regional Impact. Development Credits: The individual Allowable Develo ' units of land uses included within Total pment, as measured by sgiare footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Reg•latton. Major Use Soecial p emit: A special permit issued by the City Comeission pursuant to Ordinance 9500 the Zoning Ordinance emended. of the City of Miami, as Net New Development: Any tonstructlon or reconstruction which will result in I neb increase, within any -Parcel of Land", of residential hotel rooms or dwelling units, seats. in attractions/recreation facilities fOOUOe gross square for office. government wholesale/industrial or Inst9 utional office. Land uses /service convention, demolition of a building or structure may be credited gains tthe'be 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 credit the prior land use against Proposed land use based :fhe lng Upon ieector may the prop Impacts as measured by peak hequivalent our 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 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 vehicle trips, by peak hour Parcel of Land- Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project_ That Project described in the "PROJECT DESCRIPTION" on Page ge 1 Project A.�, The area included Develowithin the list) description in Exhibit Total Allowable bit 2. Development. The Certificates of Occu anc quantity of Net New Development for which Development Order, p Y may be issued under the terms and conditions of this together with the a may be modified pplicable Master Development Order. as pursuant to F.S. 380.06(19) (1987), and which measured by the following )and uses: shall be Office 4 Governmep t�f.Li cS 1.100.000 gross square feet 300,000 gross square feet 073 3 I 0. E. Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional ittractions/Recreation 1►OS01000 gross square feet 1►000 room; 3►SSD dwelling units SOO'000 gross square feet 1►OSO.000 gross square feet 300,000 gross square feet 30400 seats a The City may permit simultaneous increases and decrees@$ described land use categories in the above uses as changed► Provided that the regional impacts of th@ land will not exceed the adverse regional i act. of the land In Increment • I of the Project as originallyuses peak hour vehicle trips. approved; as measured by tote) FINDINGS OF FACT: The following findings of face a respect to the P R hereby confirmed and ado roject: Pied with The findings and determinations of fact resolution to this Development Order a set forth in the recitals of the The real re hereby confirmed, property which is the subject of this legal1Y described in Exhibit 2, Development Order is .The ODA filed the ADA with Department of Co the City. the Council, and the Florida ass+nity Aftat►•� The CADA has been filed by the ODA pursuant to F.S. 380.D6(22) (1987) authorizing a down tarn development authority to apply for development approval and receive a derelof the area rtthin its Jurisdiction. opment• order for any or all Individual derelopments required to be Identified in the CADA. are not identified or The Purpose :.f the CADA is • to idertLify and assess probable regional impacts and to obtain approval for Total Allowable Develo accordance with the general guidelines set fo Pment in Order and r" in this Oevelo The concept 1s to i+ment the CADA. recognize the Project single area of Area as a high intenslty development and to focus the ORI review __... Y on ihe•impacts that Total Allowable Develo PmEnt within v� 4 0 the area will have on land; water, transportation, environmental; .community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process' for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected. to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06d211tb1 (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses. quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 I19811. I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA. and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South .Florida Regional Planning Council, entitled "Development of Regional, Impact Assessment for Downtown Miami - Increment I'. dated October S. 1987. The South Florida Regional Planning Council recommends 59-- 973 S „ :. -4 approval of Incr ement I of the Project, and all conditions to which such approval is subject are reflected 'herein. K. ' Increment I of the Project Is consistent with the a the State )and development pia, and the Regional PlanpforaSouth Florida. of �• Increment I of the Project Is in conformitywith —• , the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with classifications of Zoning the district zoni,g N. 9 Ordinance 9500; as amended. Inrrement I of the Project will have a favorable impact an the econo Of the City, my P. Increment I of the Project will efficiently use public transport facilities. atlon 0• Increment I of the project will favorably affect the need for a find adequate People to 4 housing reasonably accessible to their places of employment. R• Increment I facilities. of the Project will .efficiently use necessary public • S• Increment I of the Pr oject will include adequate mitigative measures to that it will not adversely effect the envirornment and natural resources of the City. T. Increment ! of the project will not adversely affect in the City. living conditions U. Increment I of the Project w V. There Is a ill not adversely affect public safety. ' Public ,eab for Incrnt Y of the Project, CONCLUSIONS OF LAW: eme That. having made the findings of fact Commission hereby. the City conetudes as a macontained above, of law, the following: A. The ODA constitutes a `do+rntown F.S. development authority” ( as defined in 380 1987). and is ..as by F.S. 80 (1987) Application for to make Increment I of the project development approval and receive a development•order. 8• c�lies with the Mlaai Comprehensive Neighborhood plan is consistent with the orderl of the City of y development and goals r Miami. and complies with local land development 9guld.Jons. 6 0J t, S1 3 C• Increment I of the .Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable -to the City of Miami and the Regional Plan for South Florida. D• Increment I of the Project is consistent with the report and recameendations of the South Florida Regional Planning'Couneil and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). E. Changes in Increment I of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than S percent in total acreage Zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Projeet is hereby Approved, subject to the following conditions: THE CITY. ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT. PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEYELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEYELOPMENT ORDER AND SHALL: 1• Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations. ordinances and other laws. 2• For the purpose of base -line data collection. conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a• CO 1=itbring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell. the Central Business District and Omni, b• The monitoring shall consist of four (4) weeks of data coilection during the winter months, November 15th through March 15th. for Oeach sub -area. ,9 3. C. The monitoring for each subarea shall be completed prior ertificate of occupancy within that'sub.are issuante of any Co the the first development under for Percent of the presumptive this Development Order which meets threshold for Derelo marts of 300 Impact pursuant to Rule 27F F•A•C.. within R ' that Regional prior to Mareh Ise 1991, whichever comes first. tub -area: or 'The monitor will be located at the Presumed Brickell Case worst intersection for the will. and Omni sub -areas: The location be selected Jointly by the City- EnW ronmental Regu)ation (FDER)� y. Florida OsPertment of Resources Dade County Environmental Managemmt (PERM) and Counetl staff. agreed by these agencies that the It has been StIng Central Business OtstrieL will be aceeptablemfar that located in the at sub -area. perform the monitoring required 4u red by 2a. and 2b. above as by the Policies and r Prescribed egulations governing OEM and submit final air quality manitorin 9 reports to FOER, DE", and the Council staff within 60 days of the completion of the monitoring. Conduct air Qualily modeling of Carbon monoxide i white if anyo Chan air impacts LO changes are needed in determine to continue monitor the need quality monitoring, including in one Year g' The modeling shall be completed within after the base -line data to Paragraph are r monitoring has been Completed 9 aph 2 above pursuant to 3a, and the intersectio below. have been selected pursuant The air quality modeling shall follow FOER shall; guidelines and e. d. a• Be limited to no more than ten (ID) intersections from among the inters to be Selected Intersection projected in the CADA to operate at level of service E or F. The intersections shalt Jointly by Filet, DERM, the Council staff be selected b. . and the City. Be submitted in a detailed to FO and comprehensive air quality anal and OERM for analysis comment and review, and to the Council and the City for review and approval. 1. staff 8 09_ V73 } c' Include Proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4• If t`he results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for Co concentrations, implement an air quality monitoring and abatement Program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for implementation, must be approved by the Council staff and the City subsequent to review and eontnent by FDER and DERM. The program MAY include, but is not limited to; the following techniques: A. Transportation Control Measures (TCH), b. Physical planning measures (e.g. signa)ization locations, add4 tion of turn lanes, etc.). parking area C. The continuanee of monitoring for specified sub -areas. 5' If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one Of the following; a• Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not Contribute to the predicted CO violation, or -that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and Dom) Prior to issuance of building permits for the particular Net New Development. SucI documentation may include a madeting study which incorporates measures such as those Contained /n Condition b., and c., above. This documentation must be approved by the Council staff and Ue City subsequent to review and comment by FDER and OERM. f: 9 �73 �t t`..` ' ,yN b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. 6• eased upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to pay S7,S430419 (fair share in 1987 dollars), to be expended on any or all of the following transportation improvements: A. SW 2nd Avenue bridge and approaches or the 8rickell Avenue bridge Ind approaches, b. intersection improvements to -the entrance and exit ramps to I-395 at ME 1st Avenue and NE 2nd Avenue; ce other transportation improvements if mutually agreed upon by the City and Council staff; subsequent to review and Comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a• four years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 Percent of the Total Allowable Development; then Council staff, the City; Dade County; and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of t7,S43,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a: or b. specified above. 7. Withhold the issuance of building permits for Net Now Development if the + City has been determined to be in noncompliance with paragraph 6.1bove. S. Mare efforts to work closely with applicable governmental agencies to ensure that the Metromover Stage II herein be completed as identified in the current Metropolitan planning Organi zsti On' s Transportation 10 Improvement Program (TIP) Published in June 1987. In the event December 11 that by 1992, the Metromover Stage II improvements are not . Substantially under constructlon, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h), (1986)- Such additional Development of Regional Impact review, if required, shall be initiated by March 31; 1993. Net New Developments which have obtained building permits prior to December 31, 1992 sha11 not be affected by any subsequent review: 9• Within 6 months of the effective date of this Development Order' and recommend to the Miami City� � prepare Measure (TCM) Ordinance. which all. require Net New Transportation Control the following: Development to do a• actively encourage and promote car and van pooling by establishing or participating I. a car pool information program.' and b• provide mass transit route and schedule information in convenient locations throughout the individual development; and C. encourage mass transit use by the Provision of bus shelters, bus turnout lanes; or other amenities to increase transit ridership: In addition, the TCM Ordinance shall include other Appropriate transportation control measures to�be selected from but not be rolimited to the list entitled 'Table 4.9 - Potential Transportation Control Measures (TCM's) for Downtown Miami, on page 442(R) of the TGM ordinance must be •CAA1: The -pproved by Council Department with input from the Florida of Community Affairs and the Florida Department .of Transportation. 10- !n the event that a Trans ortation Control Measures p (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the �(1++ WSJ{ y V V 0 Q 11 7 Miami � City Commission within u•.� 18 months of the effective date of this Oeveiopmeht Order determine that this situation constitutes a the adverse substantial deviation from the mi'tfgative efforts anticipa • to offset "Pted acts of Total Allowable Development. In this event, th Applicantt i shall be required to undergo additional Develo e 9 Regional Impact review pment of pursuant to F.S. Such additional Development 380.06(19)(a)(g) and (h) (1986). of Regional Impact review, if Shall be initiated by the Applicant within 90 days of the Identification ui ed, of iti need. 11. Have the Authority to assess development for its proportlonat the costs of improvements and/orY adverse e share of senoices neerssa mitigate an ry to monitor and/or erse impacts. The City shall also have authority to assess development its Proportionate share of the costs attributable to Approval. Preparation of the master plan, the Application for and this DevelopmentDevelopment reviewing. individual develop this DOrder; as well as the future costs of � with ment applications, monitoring compliance Development Order, and any other costs reasonably related to the administration and Implementation of this Development Order, •If necessary, the City shall _ establish a procedure for rebating any funds collected in excess �Ofthose funds attrlbutabirdevrloomentand necessto a partfcu)ar implement thfs Development ordinance or procedure pment Order or required to monitor and enforce compliance with any this Development Order and to mitigate the i Development mpacts of Total M-Owable 12. Establish De cember 31, 1992 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new dtrelopaent. under Downtown M1amf Regionalthe - Increment I Impact shall not Development of subject to down.Zoning. unit - reduction, or Intensity reduction density derelopment included within to the extent of the amount uildin of the b ial Permit, unless 9 permit or Major Use S the Ctty can desonatrate that substantial changes P conditions underlying the approval of the n the occurred, or Pmertt cdevelopment order that the develo have order was based on substantially 12�- J s {, fR. T� Applitant� or that the change 1s clearly essential to the public health; *'safety or welfare. MOMITORIYo, PEPOMM, An INFORCDiEN'T: . 13. The City shall monitor the capacity of Total Allowable, Development by reserving the amount of Development Credits necessary for Net New Development at a time eol,eident with approval to be determined by the Cfty. prior to or of a building pemit or Major Use Special Pe~ait• The City shall Place reasonable time limits on all buildin Permits and Major Use Special permits g to assure that construction Progresses with!, a reasonable period of time after a- roval to stockpi]in PP Prevent 9 of reservations for Development Credits. The time period established by the City shall take into account the size of the Net New Development in relattonsh4 Proposed P to the time necessary to begin construction. ld. Upon the issuance of a Certificate of Occupancy ane for Development,y Net New the City shall many appropriat: subtractions from the amount of Total Allowable Develo pment under this Development Order. No Certificates of Occupancy shall be issued for Net New Development which would, in the aggregate, exceed Development under this the amount of Total Allowable Development Order. 15. The City shall integrate all original and into a into AOA information Consolidated App)icatlon for Development submit two �0 Approval (CADA) and copies of the CADA to the Council; co Clerk, and one copy to one PY to the City the Florida one of Community Affairs within thirty (30) days of y the effective date of this Development Order. The CADA shall be prepared as follows: a' where new, elarft/ed. or + revised information was PreparedSubsequent to submittal of the ADA but Develo Prior to issuance of this pment Order, whether in response to a formal statement of information needed or otherwise. the original pages of the AOA will be replaced with revised pages. 13 J — i b. Revised page% will have a "Page Number (R) - Date` notation, with 'Page Number" being the number of the original page, * W o indicating that the page was revised, and "Date" stating the date of the revision. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (19V) ; and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application. for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors; and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shalt not be considered a part of the Consolidated Application for Development Approval insofar as they may have been domed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shalt control and any requirements of the City are specifically enumerated herein. IS. The City shalt prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Community Affairs an or before each anniversary data of this Development Order. The annual report for Downtown Miami - Increment I must also be incorporated into the annual report required in the Domtown Miami Master Development Order so that a single & mual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 3. b. Idantification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. C. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, 14 including locations; acreage; square footage; number of units; and other units of land uses • included within Total' Allowable Development, and the acreage zoned and developed as City parts. d• An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the comitments which are contained in the Application for 0evelopaent Approval and .which have been identified by the City, the Council, or the Departrment of Community Affairs as being significant. e• Specification of any amended DR1 applications for development Approval or re quests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f• An indication of change- if an in City y jurisdiction for any • portion of the development since issuance of this Development Order. 9- A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06 (18) (1987). h' A copy of any recorded notice of the adoption of this Development Orderor any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.05(15) (1987). !' Any other information required qu red by the Department of Community Affairs (DCA) in accordance with F.S. 380.06 (18)(1987). 19• The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20• The deadline for commencing any development shall be two ars the effective date of this Development Order. The terminationedatefroform completing development shall be December 31 1992 Applicant, or its successors and assigns• c provided that the omp)tes with paragraph 25 15 S9— sllj� herein. The termination date may Only be modified ih aceordahee with F.S. 380.06(19)(c) (1987). 21. ' The effective .date of this Development Order shall be 45 days from its transmittal to the Florida Department Of Community Affairs, Council, and Applicant; provided, however, that ._ that if this Development Order is appealed, the date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (1987). 22. The City shall not violate any of the' conditlons of this Develo Order or otherwise fail Pment to act in substsntlal comPllance with this Development Order or permit any Property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. Yn the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this • Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative activity or conduct has occurred and withhold further aPPr6vals, and services for development in said Parcel of Land upon pon Passage of any appropriate resolution by the City, adopted in accordance with this section, finding suchviolation has Scarred. The violator will be given written notice the City that nature of the states: 1) the purported violation. and 2) that unless the violation is cured within 30 days of said notice. the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts as determined b the City, Y. t0 cure the violation within that ►eriod will obviate the need to hold a hearingI public and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasrnable time in which event the City will 15 days notice y give to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, 73 16 rs�rt� gf'•'q, f 77' approvals. and services to the parcel of Land to which the violation has ,occurred and until the violation i•s cured. the terms of this paragraph may be modified from time to time by written agreement bye the DOA. the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent. while providing due process to All developers under this Development Order. 23. the Planning Director, City of Miami Planning Department, is hereby designated to monitor Compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions Of this Development Order and to promulgate rulings; regulations and Procedures necessary to implement it, Provided the sane are not inconsistent with the terms hereof or of F.S. 380 Promulgated and adopted rules thereunder. Appeals to decisionsoof duly Planning Director may be filed e Pursuant to procedures set forth in Article 30 of Ordinance 9S00, the Zoning Ordinance of the City of Miami, Florida, as amended. Any n' oneompiiance shall be subject to the Provisions of paragraph 22 herein. 24• the SOuth Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami Increment I", dated October 5, 1987, is incorporated herein by reference. 25. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clert, Dade County Circuit Court F.S. 380.06(15) (1987), specifying that the Development Order to ru the land and is bindln ' ns with 9 on then Applicant, its successors, and/or assigns, Jointly or severally. 26. The existence of this Development Order shall not act to limit or Proscribe the rights of any Person under F.S. 380 (1987) to file an Application for Development Approval and ob Lin an individual development order for property covered by this Development Order, not withstanding the existence of such an individual develooment order this a isl Approved tlOrder. In the event that and becomes effective, 17 :9 the. individual develoon+ent - order •• �� sha11 •ttmtrol development 'of 'the �R"OErty Covered by the individual development Order and the terms and cohditibhs of this Deve1°bment Order shall no longer be banding moon the proorrty be . An�" orders y such individual development shal + by their terms, consistent with the objectives and conditions of this Development Order. 27. This Development Order shall not repeal; nor amend in any way, any other currently effective development order or building permit within the subject area Previously issued b the Cit Commission Y Y Pursuant to F.S. re (1987)r This Development Order shall not create nor authorize the creation or This of any additional requirements or � restrictions, with respect to Any present or future development under any Currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or (other than b virtue •• may acquire in the future Y tue of this Development Order). 28. This Development Order shall not create nor i requirements or restrictions upon the City with moose any additional enact i respect to its powers to mpact fee or assessment ordinances on development, including Net under this Development Order and future development the City' as such impact fees or assessments may be authorized blaw.of 29• In the event that a substantial deviation is determined under the terms Of this Development Order or F.S. 380 abillt (1987). the City shall retain its Y to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and Conditions of this Development Order. 30. In the event that this Development Order s subject to li wherein an injunction — tigation is issued staying the enforcement of this Development or under Order, the City shall either, under this Development Order the Powers granted It by state lat►. issue building peewits be ,ermitt:ed to continue to Major Use Special Permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs. g on 'C3 12/14/87 _ 3 Master EXHIBIT "A' MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director, Downtown Development Authority and Sergio Rodriguez. Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land increments: uses and Land Uses Increment I Increment II Increment III Totals Office (gross square feet) Government office 7.9100.000 30-600,000 3;700.D00 14,400,000 (gross square feet)' Retail/Service 300,000 250.000 200,000 750,000 (gross square feet) Hotel 1,050,000 400,000 500.000 1.950,000 (rooms) Residential 1,000 S00 1.100 2,600 (dwelling units) Convention 3,550 2,550 2.920 9,020 (gross square feet) Wholesale/Industrial 500,000 0 Q SOO.000 (gross square feet) Institutional 1.050,000 0 1.050.000 21100,000 (gross square feet) Attractions/Recreation 300,000 0 300.000 600,000 (seats) 3,400 1,600 51000 10,000 Pursuant to F.S. 380.06(22) (1987). the Project specifies the total amount of development planned for each land use category. but provides flexibility for such development to be located anywhere within the Project Area; subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between HE/HW 5th Street and 1-39S known as "Park West', as illustrated on the map in Exhibit 1 and described An Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. 1 V9- 973 LEGAL DESCRIPTION 60 ECT PROPERTY: See Exhibit 2. a OEFINITIONS: For the purposes of this Development Order, the following terms Shall be defined as follows: ADA or Application for Oevelooment Approval: The original Application for Development Approval for Downtown Miami filed by the ODA on November 25; 1996. pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA Prepared pursuant to paragraph 21 on page 12 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued; pursuant to Section 307 of the South Florida Building Code, for any 'Net New Development* as defined herein. City_, The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. GERM: The Metropolitan Oade County Department of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage, or number of dwelling units, hotel rooms, or seats. Mayor Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9300, the Zoning Ordinance of the City of Mtmi, as amended. Het New Development: Any construction or reconstruction which will a net increase, within any *Parcel of Land of residential dwelling suit in hotel ropes, seats in attractions/recreation farilities or g units, footage for gross square office, government office, retail/service, convention, 2 wholetale/industrial or institutional uses. Land uses to ate removed by demolition of a� ing or structure may be credited age 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 9=11 development under 10,0f0u0p�square feet' in floor area, if he finds that such development would have,ptt, aS measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as &.unit. Proffitt That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2 Tots) 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 any attendant Incremental Development Order, and as may be modified pursuant to F.S. 380.06(19) (1987). The City may Permit simultaneous increases and decreases between the land use categories, Provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. The findin determinations of fact set forth i3Orecitals of the resolution to this Development Order are hereby confirmed. 6. The real property which is the subject of this Development Order is legally described in Exhibit 2. C. The ODA filed the ADA with the City, the Council; and the Florida Department of Community Affairs. D. The ADA has been filed by the ODA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area witfiin its jurisdiction. Individual developments are not identified or required to be identified in the CADA.. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within • the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single ORI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA and the 00 are intended to serve as flexible guides for 40. planned development of the Project Area rather than a precise blueprint for its development. Therefore. pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development Approval for Increment I, which is the first phase of development Projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as 4 l� a living '�e recognizing the evolution of —kit demand and s; -N tbehnologie G. The Project Area contains a total of approximately 939 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses. quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by the Project has been conducted by various City departments; as reflected in the CADA, and the South Florida Regional Planning Council staff. J. rhis Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council; entitled 'Development of Regional Impact Assessment for Downtown Miami - Master'; dated October 5, 1987. The South Florida Regional Planning Council recommends approval of the Project. and all conditions to which such approval is subject are reflected herein. K. The Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. The Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. The Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. The Project will have a favorable impact on the economy of the City. P. The Project will efficiently use public transportation facilities. Q. The Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. The Project will efficiently use necessary public facilities. S. The Project will Include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the city. T. The Project will not adversely affect living conditions in the City. U. The Project will not adversely affect public safety. V. There is a public need for the Project. 5 `J 'CONCLUSIONS OF L ' 0 That, having made the findings of fact contained above, the City Commission hereby Concludes as a matter of law, the following: A. The ODA constitutes a "downtown development authority" as defined in F.S. 380 (19871, and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. B. The Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development• regulations. C. The Project does not unreasonably interfere with the achievnent of the objectives of the adopted State land development plan*applicable to the City of Miami or the Regional Plan for South Florida. D. The Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). E. Changes in the Project which do not exceed the Total Allowable . Development or which do not result in a net reduction of more than S percent in total acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that the Project is hereby approved; subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR NET NEW DEVELOPMENT PURSUANT TO AN APPROVED DEVELOPMENT ORDER FOR EACH INCREMENT DESCRIBED HEREIN AND SHALL: 1. Require all development pursuant to this Development Order to be. in accordance with applicable building codes, land development regulations, ordinances and other laws. _... .:. "9 973 6 2. a 3. Yithin e mo *hs of the effective date of this bevel end lmpl y;'r P06"T Order. adopt a uniform ordinance that In ca requirement that Net New Developments shall mulch, spray or plant grass in ezpoted areas to prevent soil erosion and minimize air pollution during construction. Within 6 months of the effective date of this Development and implement a uniform ordinance that incorporates a Order, adopt Net New Developmentsrequirement that shall place temporary screens, bErms- and/or rip. rap around sites under construction runoff during construction. to filter ar retain stonrwater 6• Within 6 months of the effective date this Development Order, implement a uniform ordinance or establish an accepted a adopt and require Net New Developments Procedure to gn. construct stonm,�aeer management system, to meet the following standards: +• Retain the runoff from at least a 5-year storon _ parcel of Land wherever feasible and construct drainage systems as In the Consolidated Application for Development A Proposed• Consistent with the PProval (CADA1. CADA� individual drainage systems mu designed to retain at least the runoff within drainage wells and ezf litr tionrst etrenh of St be storm„ater ches. b• Install retardant ' pollutant structures (catch basin with down -turned inlet Pipe or other Dade Coun D to treat all tY �'aPProved device) structure and/or well, stormw+ter runoff at each individual drainage and periodically remove pollutant accumulations. C. Limit application of pesticides and fertilizers in ve e rater retention areas to once er g fated storm P year for preventive maintenance and to emergencies, such as uncontrolled insect infestation. d• Y,ruva sweep +1T parking cots of eleven or more vehicle :Paces and Private roadways serving the parking lots at least once pet week. e• Both during and following construction, stormme+ter Prevent the direct flow of runoff (that has not been Pre-treated pursuant to Condition 4+. above) into surface waters. 7 �- 5. Require Net 2Deve,jopment to comply with Dade County hazardous waste requirements by the adoption and implementation of a uniform ordinance, AS may be found by the City to be applicable and necesss ary, providing for hazardous materials accident prevention, mitigation, and response standards, as described in A. through h. below. These standards shall be maintained by individual developers who shall require by lease agreement or building rule that all tenants classified by a SIC code listed in Appendix 12A-8 of the CADA, incorporated herein by reference, that, use, handle, store. display; or generate hazardous materials (materials that are ignitable; corrosive, toxic, or reactive); including those identified on page 6 of Appendix, iZA-8 of the CADA comply with these standards; provided however, that the uses in and the wastes listed in Appendix 12A-8 of the CADA shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the "County and Regional Hazardous Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed. handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity. such as lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are subject to the requirement contained in Condition 5c. below. C. Require that any area used for loading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. 8 d. Rtpuir ?1 hazardous caste generators to co�t,..,�;, with a licensed public `or private hazardous waste disposal se`,.ce or processing facility and provide Dade County DERM copies of the following forms of documentation or proper hazardous waste management practices: a hazardous waste manifest; - a shipment to a permitted hazardous waste management facility; or A confirmation of receipt of materials from a recycler or a waste exchange operation.. _ e. Prohibit generation of hazardous effluents; unless adequate facilities, approved by Dade County DERM and Florida Department of Environmental Regulation, are constructed and used by tenants generating such effluents. f. Dispose of hazardous sludge materials generated by effluent Pre-treatment in a manner approved by the Federal Environmental Protection Agency and the Florida Department of Environmental Regulation. 9• Notify any tenant generating wastes of the penalties for improper disposal of hazardous waste pursuant to F.S. 403.727. h. Allow reasonable access to facilities for monitoring by Dade County DERM, Council staff. and the Florida Department of Environmental Regulation to assure compliance with this Development Order and all applicable laws and regulations. 6• Enact an ordinance requiring Net New Development to remove all invasive exotic plants, including Melaleuca. Casuarina, and Brasilian Pepper, from their Parcel of Land as the parcel is cleared. and use on°y those Plant species identif'ed in Appendix 8-4 of the CADA for landscaping. Additional species may be used only if written approval is provided by Council staff. Such approval will be based on the species under consideration meeting tre following criteria: a. does not require excessive irrigation b, does --t require excessive fertillzer :1th e e, is ,, rohe to insect infestationor er s d. is not prone to disease e. does not have invasive root systems .f. such other criteria as may be appropriate 7. Coordinate with appropriate agencies to ensure that those areas frequented by the West Indian manatee and Brown pelican are properly identified to reduce the impact of development on these species. Measures may include, but are not limited to; warning signs; idle speed zones, etc. Provide information to developments located adjacent to the Miami River or Biscayne Bay which may adversely impact these species. which shall be distributed by the developer to users of the development. This information should include, but is not to be limited to; pamphlets and signs on frequency of site use, man -induced adverse impacts, and measures to avoid these impacts. B. Direct the City Manager to establish procedures whereby the Police Department and Fire Department shall make recommendations to incorporate security measures into the design and operation of Net New Development. g. Collaborate with the Dade County School Board, by providing planning information and information on Net New Development of residential units, to address concerns regarding the availability and access to schools for students from future residential development within the project area. 10. Encourage the incorporation of energy conservation measures into the design and operation of Net New Development by requiring that, at a minimum, all Net New Development shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). 11. As part of the building permit application, prior to approving any activity involving rehabilitation, demolition, or structural changes to historic buildings listed in Exhibit 3 herein, require the applicant to submit to the Florida Department of State Division of Archives, History, and Records Management and the City of Miami Planning Department photographs of the structure and a description of proposed activities 10 on zne m :topic property. prior to approrF �; any 'permit for ground disturbing sties related construction or tree removal within the archaeologicalto tones listed in Exhibit 4 herein, require the. applicant to contact these same two agencies to make arrangements .to survey and assess Lhe area. this condition will not apply to those historic buildings and archeological zones that are designated as Heritage Conservation districts pursuant to Paragraph 12 below. 12' Attempt to have all properties and archaeological tones 1n Exhibits 3 and 4 herein designated as Heritage Conservation districts under Article 16 of Zoning Ordinance 9500. the Zoning Ordinance of the City of Miami, Florida. as amended. 13. For all develop ment activity, other than development on sites contained in Exhibits 3 and 4 herein (since these sites are subject to Condition 11. and 12. above), as part of the building permit application require the applicant, pursuant to state lac to notify the Florida Department Of State Division of Archives, History • construction schedules, and where and Records Management of archaeological artifacts are uncovered during construction historical or it and local archeological officials to surveyand excavate the site. State When required by law, delay construction for up to 3 months in the construction site necessary to permit any portion of en the archeological survey and excavation to be completed. 14. Monitor development and redevelopment activities to ensure that there is no net loss of low-income housing opportunities within the City of Miami. Any net loss of such units within the P rOjOct Area counterbalanced by a gain in another shall be area within the City of Miami, i3• Yfthhold the issuance of building cannot obtain a letter of availability from for Net New Development that wastewater treatment capacity will be suff ihent xet Appropriate agency that that development. the needs of 16. withhold the issuance of building cannot obtain a letter of availabtif from Net New Development that Y the appropriate agency that 11 f f�- 1913 All adequate water supply will be available to a1 develo a �F nods of that 17• Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropri4te agency that Solid waste disposal capacity will be sufficient to meet the needs of that development. 18, Have the authority to assess development for its proportionate share of the costs of imprpvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to Preparation of the master plan for' downtown, the Application for Development Approval; and this Development Order; as well as the future costs of reviewing individual development applications, monitoring cOPltanee with this Development Order, and any other costs reasonably related to the administration and imp)e�ntatlon of this Development Order. 'If necessary, the City shall establish a procedure far rebating any funds collected In excess of those funds attributable to a particular development and necessary to implemtnt this Development Order or any ordinance or procedure required to monIt r and ce Compliance with this Development order and to mitigate the enfor Allowable Development .• mpacts of Total PIDNI7 DiIIYC, R pOMUC, AM WD: 13: The City shall monitor the capacity of Total Allowable Development by reserving the 'aeount of Development Credits necessary for Net Hew Development at a time, to be determined by the City, Prior to or coincident with approval of a building Permit or Major Use Special Permit• The City shall Permits and place reasonable time limits on all building Major Use Special Permits to assure that cons Progresses within a reasonable period of time after approval of rruction cons- Progresses DRroval to prevent reservations for Development Credits. The time period established by the City shall take into account the siz Net Hew Development in relationship to the time Size eof Of the Proposed construction. ry to begin 12 .20. Upon the . ace. of a Certificate of Oceupan any Net New Development,"'the City shalt make appropriate subtractions from the amount of total Allowable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New De e.1OPMent which would, in .the aggregate, exceed the amount of Total Allowable Development under this Development Order. .21. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council; one copy to the City Clerk, and one copy to the Florida Department of Coaaainity Affairs within thirty (30) days of the effective date of this -Development Order. The CADA shall be prepared as follows: a. Where new, clarified, ar revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to A formal statement of infonaati0n needed or otherwise. the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a 'Page Number (R) . Date' notation, with 'Page Number` being the number of the original page. ,(R)' indicating that the page was revised, and 'Date" stating the date of the revision. 22. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory, duties under F.S. 380 (1989); and local ordinances. Substantial compliance with the factual contained representations in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement along the Council, City. and Applicant, its successors, and/or assigns. 23. All teran, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a .Iart of the Consolidated Application for Development Approval insofar as they may have been Edd to place a repuirement on the City Miami to take any action oT in from taking any action. The ter1` this Development Order shall control and any reouirementt of the City are specifically enumerated herein. 24. The following regional issues as they appear in the Con3611dated APPlication for Development Approval have been sufficiently reviewed for the total Project (extending through the year 2007) and shall not be required to be reviewed as each incremental portion of the Downtown Miami DRI is submitted: Naps: Map A - Location Maps•B-1, B-2, 8.3. 8-4 - Aerial Photo(s) MAP C-5 - Flood Zones Map D-1 - Existing Land Use Map E - Soils Map F - Vegetation Maps G-1. G-2 - Drainage MAPS I-1. I-2. I-3. I-4 - Public Facilities Question S: Water Quality Question 6: Wetlands Question 7: Flood Prone Areas Question 8: Vegetation and Wildlife Question 9: Historical and Archaeological Sites Quest' On. 12: Other Public Facilities C. Energy 0- Education E- Recreation and Open Space Question 13: Housing 25. The following regional issues as they appear in the Consolidated Application for Development Approval have not been sufficiently revi for the ewed total Project (extending through the year 2007) and. as appropriate, will be required to be reviewed as each incremental portion Of the Downtown Miami ORI is submitted: 14 .:. a09- 973 M- Question 1 +'p"Cant Information , 9 , Maps: Map H - Master Development Maps J series - Transportatlon Network Display'Graphics and Boards Question 3: Project Description Question 4: Air Quality Question 10: Employment and Economic Characteristics Question 11: Transportation Question 12: Other Public Facilities A. Wastewater, Water, and Solid Waste B• Health Care, Poltce, and Fire 26. Grounds for denial by the South Florida Regional Planning Council of any subsequent applications for an incremental portion of this proposed development will be limited to any unresolved issues pertaining to Question 4: .Air Quality and/or Question 11: Transportation. 27. The City shall prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. As each development increment receives a Development Order, the annual report shall include the development covered by the incremental Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minim=: A. A complete response to each question in Exhibit S. b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. C. A summary comparison of Total Allowable Development 'and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and 1s 913 oth nits of land uses ineludtd wi Total Allowable �r Deve ment; and the acreage toned and developed As City parks. d. An assessment of the Appl.icant's and the City's compliance with the conditions of approval. contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. . Specification of any known incremental or amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f• An indication of change. if any, in City jurisdiction for any Portion of the development since issuance of this Development Order. 9• A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18) (1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i• A report from DERH of any known violations of the hazardous waste requirements contained in paragraph 5 herein. J. The number of low -incoming housing units lost from demolition and conversion within the Project Area. as well as the total number of new low income housing units within the City. k• Any other information required by the Department of 6-ammunity Affairs (DCA) in accordance with F.S. 380.06(18)(1987). 28. The City shall enforce the requirements of the Oade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 16 29, the deadli for co®eneing any development shally,,two (2) �,,., ��� years from ` the effeefsa date Of this Development Order. The z>, mination 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). 30. the effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will' not 'start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.09(2) (1987). 31. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the ` Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land, in which the violative activity or conduct has occurred and withhold further permits, Approvals, and services for development in said Parcel of Land, upon Passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to 17 09 completionOce �inih a reasonable time. in which ere a Ctty will give 15 days to the violator of its rite i to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Pastel of Land in which the•'violation has occurred and until the violation is cured. The terms of •this paragraph may be modified from time to time by written agreement by the ODA. the City; and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, white providing due process to all Developers under this Development Order. 32. The 'Planning Director, City of Miami 'Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 380 (1987). or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director rmay be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami. Florida, as. amended. Any noncompliance shall be subject to the provisions of paragraph 31 herein. 33. The South Florida Regional Planning Council ORI report and recommendations, entitled 'Development of Regional Impact Assessment for Downtown Miami - Master", dated October 5, 1987, is incorporated herein by reference. 34. Mithin 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(1S) (I"?)- specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or .assigns, Jointly or severally. 35. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380 (1987) .to file an Application for-evelopment Approval and obtain an individual development order for property covered by this Development Order, not cY ar" f¢d, e0. upon the a � tion of the local government comprehenn. plan pursuant to F.S. 163.3161 (1995)t as amended, for the City of Miami, the City may rescind this Master Development Order at the completion of the first increment in the event that the City, after a public hearing, deems such action is in the best interest of the City. 20 C — _, La i(�' T �I i E E w 'D�V6iNT�a4'N 1-l11AM1 DRt BOt!!V f. to. -A BOUNDARY MAP Now () 9 I EXHIBIT 2 LEGAL DES T� 'ION OF SUBJECT PROPERTY: _ h9ih at the intersection of the centerlines of N.W. Sth Street and N.W. 3rd Avenue (east side of H.S Expressway (I.95)), acid point of beginning also being the N.W. corner of the district thence run southerly along the center line of N.N. 3rd Avenue and the easterly side Of the N•S Expressway to the centerline of West Flagler Street; thence westerly along the centerline of said West Flaglei Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to A point of intersection with the easterly right-of-way (R/W) line of Metro Rapid Transit R/W (formerly Florida East Coast (FEC) Railroad R/W) said R/W line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit R/W; thence run southerly and southwesterly along said easterly R/W line Of Metro Rapid Transit to the intersection with the centerline of S.W. ISth Road; thence southeasterly along the centerline of 1Sth Road to a point of intersection with the southerly prolongation of the westerly line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence ' northeasterly, northwesterly and northeasterly along said westerly line Of COSTA BELLA to the intersection with the southerly right-of-way line Of S.E. 14th Lane; thence southeasterly, northeaster) northwester) along said southerly and wester) right-of-way northerly, and y 9 y S:E. 14th Lane and S.E. 14th Terrace to the intersection a with a of northwester) the VIEW as recorded 1n Plat y property line of Lot 31 Block 2 of Amended plat of POINT Book 2 at Page 93 of the Public Records of Dade County, Florida; thence northeasters along 9 the northwesterly line of said Lot 31 to the northeasterly side of the existing ten foot alley in Block 2 of said POINT VIEW; thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the between Lots 4 and 5 of said Block 2 of POINT VIEW; thence o nY line Along said line of Lots 4 and S and its prolongation thereof to erly the centerline of S.E. 14th Street; thence southeaster) centerline of S.E. 14th Street to a y along said existing bulkhead point of intersection with the and shoreline of Biscayne Ba r: ring thence meanderi northerly along the existing bulkhead and shoreline of Biscayne Bay to ri a point of intersection with the southerly boundary of Claughton Island island BY-4 ... ..,.. ..,. ... � � .... .. .o,.ynzon� # to the intersection with the west Claughton ta'#and, said bulkhead line bean pbulkhead line of {$ County Bulkhead Line as recorded in Plat Book 73 atM PageISof an Dade Public Records; thence souther* the Ys easterly, northerly 4and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly R/W line of Brickell Avenue Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulk line also being the southerly boundary Of the Dupont Plata Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plata Center and Miami Center Joint Venture to a point of intersection with the easterlyproperty Associates and Miami Center Limited Partnership; sline Of Chopin being alongsaid property line the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the souther* Of Bayfront Park; y Property line thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Mlamarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E. 17th Street and its extension thereof to the FEC Rai lro ad; the easterly R/W line of thence southerly along the easterly R/W line of the FEC Railroad to the limited access right-of-wayof southeasterly and easterly Along 1-395; thence I�395 to the limited access right-of-way of the centerline of Biscayne Boulevard thence souther the centerline of Biscayne Boulevard to 11' along the centerline of N.E. gth Street, thence westerly along the centerline and N.E. and N.W. 5th Street to the point of beginnin approximate) g' The above described area contains y 839 acres, 22 terra US= rs s pvvn"? o anu Pa ra "no& smum v viumc PC= ® 2 ate _ g'� 1. Y afrrw wlew I. Ir= I7•.rw.f �Ym ."" = 1. IY Ile►r1 so"Man .. O LIIIIrw fetaww Irk amaftowe Irk Y. IY 1. L. 1 {ow1 IL. lii A. t. f ..sus �a10� M elw l �/� i 1. 77Y s111ww /rr w s. f� 1i1. Igor as 4L IMw U. It 1. f. { wi �� ><. It1-I10 a. I. i won j fof� Irlww W taws a1 et t11a s11 FwM 1 w {. f7 e`m' Mwlw Owlww I-Irwt ` 1i. IY f. 1. i 1wr1 w. Q It. t. { tttwr UII/ Yfr V r111ir �. fbllb /� am I1rIW iOAI IL 111 L. /ella sowf $� plow 1. �s IwbIA !L i1 M. M. { swrwf Is. U. K. 11v !. >♦ V L. { Ylawr aw 1111r1 illlrf in I�f 11►w�M Ifri Iw twlr fet soot b U. M L naftr soon w fwier► Y. 11 L. L. a Twww fir. ime, anoI M'IA ate U. lY 1.'IIw1� fora W. A a. rlf sswr Clw Lrr a► fIM /Iw rr Mfl.auw 14 41 t. 16 Y some A. fat M- t. 11 towl swlrrw Orslw = 1m=& Cleo a 14. Y� S. OIL Irk rr t1* wli IMr1to Meet irwa M. M-� 1 IM►�IM �arf1 fl Is. 939 /, am OWNS flrwr r /Y Isa /NIMI� fY w/►t Is. IW R am -am it. to 1. wlw Urws /IrM lry ts. ttt@ b w= 19, Itw /Iw {oar i i : r - ffetuM lr/ as"~. i �. L f Nw w wr;ww saa pM I.s. ►rM IRIr r �/ • Yfl""IMP --*Mwmmr OIL . Ilo a aaf f1f�f Ito I IIIMfalls► tl. Itl 4 f. 1 srlww a. irwf Iaf1 ' an il. >v N+ t. 1 iws amft.toi t.s." surfer /r ll, sr M. 1. 1 Nora t1. Silt/ /. 1. 1 iwww I iwo�t setosf Lo ww r /s tl. IA i. let. .71 s. 1. 1 tenly = a_ Irw fYwl ft�Ylt: mw wlswf► err Pfor ww wrawlw flrl Ir1 Mr\ A rI�^�f.OfM aaa�f wf, frwwmafw r1A/f� G��In /re MAP 0-2 HISTORICAL SITE$ o 9s ^ rf 3 DOWNTOWN MASTSRPLAN (DEVELOPMENT OF REGIONAL. IMPACT �►�..� a ' ( fi���... 01�1111 _., DEP-M: The Miami -Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FD1R: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION` on Page 1 herein. Page 3 of 4 0 elf i; ' O. 3 1 rY Vyyl�' Project Area: The area included within the legal description in Exhibit 2. 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) (1987), and which shall be measured by the following land uses: Office Government Office Retail / Service Hotel Residential Convention Wholesale / Industrial Institutional Attractions / Recreation Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Change) provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. t W3898a Page 4 of 4 C. ;, 0i)'j v.)'� ni i� .� 3 Exhibit "B" Increment I Development Orderil INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana Gelabert. Director, or Lourdes Slazyk, Assistant Director, City of Miami Planning, Bug and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment III Buildout- Buildout- Buildout- Land uses Dec. 3Q- '- n---1 Pee. gfl 2005 Dee3^ -2�- Totals May 28, 2003 May 28 2009 May 28 2018 Office (gross square feet)- 3,681,890 3,600,000 3,700,000 10,981,890 Government Office (gross square feet)- 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (room) Residential 4,500 500 1,100 6,100 (dwelling units) 10,550 2,550 2,920 16,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/ Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation ( seats ) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 0 0 230,000 1_/ Words and/or figures stricken through shall Underscored words and/or figures be deleted. shall remaining provisions are now in effect and Asterisks indicate omitted be added. remain unchanged. The and unchanged material. Page 1 of 6 e1 �f e! 0 eA Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 1.6 on page 13 herein. _Certificate of Occupancy: A. permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. Cam: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Miami -Dade County Department of Environmental Resources Management. Page 2 of 6 (W s o _ �,� l O Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDiR: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That. Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Page 3 of 6 C _ �; .rNN 0 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) (1987), and which shall be measured by the following land uses: Office Government Office Retail/ Service Hotel Residential Convention Wholesale/ Industrial Institutional Attractions/ Recreation Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Change) provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. Page 4 of 6 f' � i 9 ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1 • Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The proiect buildout date and expiration date of the development order shall be May 28, 2003. The City shall not issue any new Development Orders within the Downtown DRI area after Mav 28 2003. If a locally issued Development Order expires —the individual proiect for which said order was issued shall not be entitled to the development credits assi ned to it under Increment I of this DRI• a new Development Order shall be required. The * �- r S z�•y �Tr PRfagRll3h-Qg�eFein- The termination date may only be modified in accordance with F.S. 380.06(19)(c), 4487--, as amended. The Page 5 of 6 V J_ g 0 Q W3898b completed by May 28 2003 will be analyzed within the Increment II Application for Development A_p_pr_oval. .Page 6 of 6 into =a ail =bra ��t/iIl_ illr•�Ir if�ll�� �'i ?� i �S:' �� Ill7.r■2� t� iwjH . Oftam ri==sue �ttFi tl�1��j1:� V^• s 7 1% Milli- [1�:�� ram`; .►�{�11�, �� III it■t:: -1M L :lI ill ,.�_. ` Wo­ milli. A CIO! 'tilll ' CI -``: s •- " �Y'' 'F i 1I il-I�,!i�: � IIILra OIL1� i'� ■ Gill��i. ■�Ilfi i�lll� �III'T7lSir Mar" win i 1111m1: Bill111111_.1-..[ NOME=: 'nsuall IN Two I TV.. o 1 � iiiNlillill MM MM 00 410 LEGEND X" 1114iiiiia'aw A.:: It -it 101 4ewced Ca s,c 1, zw" C901 M&W 'Mulwa P..&d.c cam m;.! -.1. -Gil aftNow f1l) -crwviva� C51 CITY OF MIAMI uOWNTOWN FUTURE LAND USE NET Boundary SOURCE: City of Miami Planning and Development - revised July 1994 g:Arclnfo\net\dAddlu9kgr1 J-98-1032 11/16/98 RESOLUTION NO. 9 8 -- i 1 3 A RESOLUTION. WITH ATTACW4E&NTS I CDTOi'�T'I'OWN MIAMI DEVELOP ( ) ° ENDING DEVELOPMENT(DRI ) MASTER AND INCRE REGION L AND 8 7 -14 ORDERS (RESOLUTION NOS. 8 7- I AMENDED I3Y ADOPTED DECEMSER 10 87-1148 AMENDSEPTEED 26RESOLUTION NO, 1987, AS 1991, RESOLUTION 6NOS, ADOPTED AND 94-850,� ADOPTED 94-849 RESOLUTION NO. 98-219, NOVfiM19R 17, 1994, 1998 ADOPTED FEBRUARY 24, ' AND RESOLUTION NO. JULY 21, 1998), FOR THE ADOPTED MIAMI UNDER THE jURISDICTIO A OF 98-787, OF � CITY OF DEVELOPMENT AUTHORITY AND MORE � DOWNTOWN DESCRIMASTER AND INCREMENTEXHIBITIN "A", D " BY pARTI'VG THE AMENDING T DECREASING THE AMOUNT OF DOPMENTEVELOPMENT ORDERS BY IN THE OFFICE CATEGORY 'IV COMPLY WITH A CONDITION OF FINDING THAT THIS THE DES PMENT ORDER; A SUBSTANTIAL D�EVIAfi'I, ON S NOT CONSTITUTE CHAPTER 380 , FLORIDA STA PURSUANT TO �T THIS TUTES (1997); FINDING MIAMI CHANGE IS IN CONFORMITY WITH THE 2000; COMPREHENSIVE NEIGHBORHOOD PLAN THIS TRANSMITTAL OF COPIES OF PROVIDING FOR TO AFFECTED AN EFFEAGENCIES; AND CTIVE DATE. WHEREAS, on December 10 ° 1987, the City Commission adopted tedResolution No, 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact, and Resolution NO. 87-1149 approving the Increment I Downto Development Order for the wn Miami Development of Regional Impact;"and WHEREAS, there is a need to decrease the square footage in the office Land use category in order to co . mplY with a condition CITY CO M USSION MEETING OF ,D JL NOV 1 7 1998 --� . .. V of a previous amendment to the Development Order (Resolution No. 98-219) to accommodate, among other things, "Special Daytime Events" (as defined in Resolution No. 98-219) at the American Airlines Arena in Downtown Miami, while there is a surplus of unused development in the office land use category; and WHEREAS, the decrease in the aforementioned land use category for its expressed purpose is compatible with the uses designated for the downtown area and does not conflict with the land use designations for the area as designated in the Miami. Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 16, 1998, following an advertised -public hearing, adopted Resolution No. PAB 66-98 by a vote of six to zero (6-0) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact ("DRI") with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (1997), on September 15, 1998, the Downtown Development Authority 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, on October 27, 1998, the Miami City Commission held a public hearing on the proposed amendments to the Master and - 2 - a -i5 3 Increment I Development Orders for the Downtown Miami DRI as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the Downtown Miami DRI; and WHEREAS, the City Commission deems it advisable and in the best interest of the public and the general welfare of the City of Miami to amend the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1.. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendment to the Master Development Order for the Downtown Miami Development of Regional Impact ("DRI") (Resolution No. 87-1148, as amended), does not constitute a substantial deviation and, therefore, does not require further development of regional impact"review pursuant to Subsection 380.06(19), Florida Statutes (1997). This amendment is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendment to the Master Development Order for the Downtown Miami Development of Regional Impact (Exhibit "A") is hereby approved. Section 4. The proposed amendment to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1149, as amended), does not constitute a substantial deviation and therefore, does not require further development of regional impact review pursuant to Subsection 380.069(19), Florida Statutes (1997). This amendment is in conformity with the Miami Comprehensive Neighborhood Plan 1989- 2000. Section 5. The attached amendment to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Exhibit "B") is hereby approved. Section 6. Upon full execution, copies of this Resolution and its attachments shall be transmitted by the City Manager or his designee to: Judith A. Burke, Esq., 1500 Miami Center, 201 South Biscayne Boulevard, Miami, Florida 33131; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and James F. Murley, Secretary,' State of Florida Department of Community Affairs, Division of Resource Planning and Management, 2740 Centerview Drive, Tallahassee, 4 - r Florida, 32399. Section 7. This Resolution shall become effective forty-six (46) days from the date of adoptioni./. PASSED AND ADOPTED this 17th day of — NovL_h r 1998. JOTS CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate aporovii dt this legislation by signing it in the designated place provieea, said iey+siat or, r-i becomes effective with the elapse ot 0) da from the a of Co 'ssicr regardingac;ic^ re9g same, without the Mayo ATTEST: 1M er . Foernan, City Cleric WALTER J. FOEMAN CITY CLERK APPROVED.Im TO' 970:GMM:csk:BSS AND CORRECTNESS: 1� This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Coirailission or upon the effective date stated herein, whichever is later. Of " rd e J-98-638 6116198 9Q,_ 787 RESOLUTION N0. VV A RESOLUTION, WITH ATTACHMENTS, SHIFTING THE SCALE OF PERMITTED DEVELOPMENT ACTIVITY WITHIN CERTAIN LAND USE CATEGORIES OF THE AREAWIDE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY DEVELOPMENT OF REGIONAL IMPACT MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NOS. 91-698 ADOPTED SEPTEMBER 26, 1991, AND 98-219 ADOPTED FEBRUARY 24, 1998), BY SIMULTANEOUSLY INCREASING AND DECREASING ALLOWABLE DEVELOPMENT CREDITS IN CERTAIN LAND USE CATEGORIES, AS PROVIDED IN THE SUBJECT MASTER DEVELOPMENT ORDER; AND FINDING THAT SAID REALLOCATIONS ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact, and Resolution No. 87-1149 approving the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, reallocations of total allowable development credits, in the form of simultaneous increases and decreases within land use categories of the subject development orders is contemplated, authorized and provided for in the definition section of said Master Development Order; and WHEREAS, there is a need to increase the number of units in ATTACHMENT IS) CONTAINED CrTy coraUSSION MEETING OF JUL211998 proiud— No. w Jf 9 (� the residential land use category to accommodate proposed new development; and WHEREAS, there is also a need to increase the number of rooms in the hotel land use category to accommodate proposed new development, while there is a surplus of unused development in the office land use category; and WHEREAS, the simultaneous increase and decrease in the aforementioned land use categories is compatible with the uses designated for the downtown area and does not conflict with the land use designations. for the area, as designated in the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 20, 1998, following an advertised public hearing, adopted Resolution No. PAB 48-98, by a vote of five to zero (5-0), RECOMMENDING, essentially, APPROVAL of the proposed reallocations in the Master and Increment I Development Orders for the Downtown Orders for the Downtown Miami Development of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best interest of the public and of the general welfare of the City of Miami to reallocate, by simultaneous increases and decreases, the development credits authorized in certain land use -2- categories of the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact, as hereinafter set forth; and - WHEREAS, the herein reallocation of development credits will result in shifting the scale of permitted development activity within certain land use categories of the subject development of regional impact; 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 Resolutionare hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed development credit reallocations ("DCR") in the Master Development Order for the areawide Miami Downtown Development Authority of Regional Impact (Resolution No. 87-1148, as amended by Resolution Nos. 91-698 and 98-219) (' Downtown DRII'), which are attached hereto as Composite Exhibit "B," and made a part hereof, are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached DCR's in the Master Development Order for the Downtown DRI (Exhibit "An) are also hereby approved. Section 4. The proposed DCR's to the Increment I Development Order for the Downtown DRI (Resolution No. 87-1.149, as amended), which are attached hereto as composite Exhibit nBn and made a part hereof, are hereby found to be in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000, and are hereby approved. Section 5. This Resolution shall become effective upon its adoption and signature of the Mayor'. PASSED AND ADOPTED this 21st day of July 1998. Y ;T 94JOR CAROLLO, MAYOR • L � v WA.LTER J .� FO C;TV CLERK APPROVFdT-AS TV CORRECTNESS ,TTORNEY W2649:mis:GMM;JEM r if the mayor does not sifn this Resolution. it shall become etlective at the end of ten calendar days Isom the date it was passcd and adopted. if the mayor vetoes this Resolution, it shall become Olective immediately upon ovemde of the veto by the City Commission. 0 - ('�Z w EXHIBIT "A„ Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Lourdes SI k, Ass>stant erector, City of Miami Department of Planning and Development, or eir successors. PROJECT DESCRIPTION: The Downtown DRI area consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment M Buildout- Buildout- Buildout- Land uses Dec. 30, 1999 Dec. 30_r , 2005 Dec, 30, 2014 Totals Office - -- (gross square feet)- 6,595,406 3,600,000 3,700,000 441;9 A6 4,086,368 11,304 497 Government Office - (gross square feet)- 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel 4.y= (room) 4,500 500 1,100 6100 Residential 37= (dwelling units) 10,550 2,550 2,920 .9'= Convention 16,020 (gross square feet) 500,000 0 Wholesale/ Industrial 0 500,000 (gross square feet) Institutional 11050,000 0 1,050,000 2,100,000 ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation* (seats) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 0 0 230,000 "Previously approved under Etesolution 98-219 t "J- 973 (a A EXHIBIT `°B" Increment I Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEV + LOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AII'I'HORIZED AGENT Development .Authority and OF DEVELOPER: Patricia Allen, Executive Lourdes Director, Downtown Slazv Assestant erector. City of Miami Department of Planning and Development, or eir successors. PROJECT D0C0IPTION: The Downtown DRI area consists of development through the Year 2014, including the following land uses and increments: in Downtown Miami Increment I Increment If Increment III Land uses Buildout- Buildout- Buildout- Dec: 30, 1999 Dec. 30, 2005 Dec. 30, 2014 -- Office — Totals ' (gross square feet)- 645950 3,600,000 3,700,000 Government Office 4,086,368 11,304,497 (gross square feet)- Retail/Service 300,000 250,000 200,000 750,000 (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel 4y= (room) 4,500 500 1,100 �4 6,100 Residential 37= (dwelling units) Convention 10,550 2,550 2,920 �4 16,020 (gross square feet) 500,000 0 Wholesale/ Industrial 0 500,000 (gross square feet) Institutional 1,050,000 0 1,050,000 2,100,000 ( gross square feet) 300,000 0 ' 300,000 600,000 Attract ions/Recreation* (seats) 30,500 1,600 5,000 3 7,100 Marine Facilities 230,000 0 0 230,000 * Previously approved under Resolution 98-219 f Vol 0 May 1998 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1) 1, Patricla Alien, Executive Director, authorized representative of the Downtown Development Authority, hereby give 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 Downtown Miami Development of Regional Impact, which information is true and correct to the best of my knowledge. 1 have submitted today, under separate cover, copies of this completed notification to The City of Miami, the South Florida Regional Planning Council and to the Bureau of State Planning, Department of Community Affairs. (Signature) (Date) 0 J -' 2) Applicant (name, address, phone). Downtown Development Authority 200 South Biscayne Boulevard Suite 1818 Miami, Florida, 33131 Phone: (305) 579-6675 3) Authorized Agents (name, address, phone). Rafael Diaz, Esq. City of Miami Law Department 444 S.W. 2nd Avenue Ninth Floor Miami, Florida 33130 Phone: (306)416-1800 Judith A. Burke, Esq. Shutts & Bowen 201 S. Biscayne Blvd. Suite 1600 Miami, Florida 33131 (305) 368-6300 M Lourdes Slazyk City of Miami Department of Development, Building and Zoning 444 S.W. 2nd Avenue Third Floor Miami, Florida 33130 Phone: (306) 416-1436 (D David S. Plummer, P.E. David Plummer & Associates 1750 Ponce de Leon Blvd. Cora( Gables, Florida 33134 Phone: (306) 447-09W 4) Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Miami Miami -Dade County, Florida Section 37, Township 53 South, Range 41 East 2 0 5) Provide a complete description of the 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 the representations contained in either the development order or the Application for Development Approval. Res- onse: A. The Master Development Order (Resolution No. 91.698) should be changed to reflect a simultaneous increase in the land use category entitled 'RESIDENTIAL. (units)' and "Hotel (rooms)' and a decrease In the land use category entitled 'Office Space- provided in Increment 1: I. The number of Residential units permitted in Increment I shag be Increased by 7,000 Dwelgng units, resulting In a change from 3,550 Dwelgng units to 10,550 dwelling units also permitted In Increment I. II. Also, the number of. 'Hotel (Rooms)' permitted In Increment 1 shall be Increased 3000 rooms, resulting in a change from 1,500 to 4,600 rooms permitted in Increment 1. III. Office uses would be decreased by 2,590,909 SF (1,590,909 SF for Residential and 1,000,000 SF for Hotel rooms respectively), resulting in a change from 6,677,277 to 4,086,368 SF. IV. The language in the Development Order shall be amended to reflect area wide versus project speciflc conditions. 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. 3 1 Response: A copy of the downtown OR[ Status Report is attached as Exhibit "S ". No change in maps. 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, indicate no change. Response: See Substantial Deviation Determination Chart attached a s Exhibit "C". 7) List all the dates and resolution numbers (or other appropriate identification numbers) of all modification or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Response: Originally approved development orders: A. Master Development Order - Resolution #87-1148 December 10, 1987 B. Increment I Development Order - Resolution 87-1449 December 10, 1987 Modifications: C. Stipulation of Settlement , Department of Community Affairs vs. The City of Miami and the Downtown Authority, State of Florida Division of Administrative Hearings Case No. 88- 1988(This settlement clarified the meanings of Total Allowable Development, Net New Development and Aggregate Exclusions as applied in the development orders.) 4 D. Resolution No. 91.698, passed and adopted by the commission of the City of Miami. Florida on September 26'h, 1991, which approved the following changes to the Master Development Order and the Increment I Development Order: 1) Updated the name of the authorized agent of developer to Patricia Alien; and updated the name of the Department of Development, Building and Zoning. 2) An extension of the build out/termination date of the Increment 1 Development Order from December 31, 1992 to December 30, 1997. 3) An extension of the date until which the city agreed that the grantees of building Permits or Major Use Special Permits for new development under the Increment 1 Development Order shall not be subject to down -zoning, unit density, reduction or Intensity reduction from December 31, 1992 to December 30, 1997. 4) An extension of the deadline for completing air quality monitoring from March 15, 1991 to March 15, 1994. 5) Extension of the time to contract for construction of transportation improvements from four years to eight years from the effective date of the Development Order (see condition 6 on page 10 of the increment I Development Order). 6) Simultaneous increases and decreases In the proposed land uses in Increment 1: I. Attractions and Recreation facilities increased from 3,400 seats to 6,500 seats, and Hotels Increased from 1,000 rooms to 1,500 rooms. II. Office uses decreased by 180,450 square feet, resulting in a change from 7,100,000 square feet to 6,919,550 square feet of office space permitted in Increment I. 5 1. E. Resolutions No. 94-849 and 94-850, passed and adopted by the Commission of the City of. Miami, Florida on November 17,1994, which approved the following changes to the Master Development Order and the Increment i Development Order: 1) An extension of the build out/termination date of the Increment 1 Development Order from December 30,1997 to December 30, 1999. 2) An extension of the date until which the City agreed that the grantees of building permits or Major Use Special Permits for new development under the Increment 1 Development Order shall not be subject to down -zoning, unit density reduction or intensity reduction from December 30, 1997, to December 30, 1999. 3) An extension of the deadline for completing air quality monitoring from March 15, 1994 to March 15, 1997. 4) Extension of the time to contract for construction of transportation improvement from eight years to ten years from the effective date' of the Development Order (see condition 6 on page 10 of the Increment I Development Order). 5) Simultaneous increases and decreases in the proposed land used Increment I. I. Marine Facility was added as new land use encompassing a 230,000 square foot terminal building; II. Office Uses decreased by 242,273 square feet resulting in a change from 6,919,560 square feet to 6,677,277 square feet of office space permitted in Increment 1. 8) Describe any lands purchased or optioned within %. mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non -project land used within 14 mile on a project master site plan or other map. 6 Rgsaonse: Not applicable. 9) Indicate if the proposed change is less than 40% (cumulative with other previous changes of any criteria listed in 380.06(19)(b), Florida Statutes. Response: Individually, the proposed Increase to the Attraction/Recrestion is more then 4 )% of the criteria in 380.06(19)(b); however, with the simultaneous decrease In Office land use, the proposed ,changes are less than 40%. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S.? YES NO IN 10) Does the proposed change result in a change to the build out date or any phasing date of the Project? If so, indicate the proposed new build out or phasing dates. Response: No. 11) Will the proposed change require an amendment to the local government comprehensive plan? Response: No. 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. Response: 7 Map H-Master Land Use Plan (Exhibit C) has not changed since the originally approved development orders. 13) Pursuant to Subsection 360.06(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 representations in the Applications for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservations, 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; Response: See Exhibit "E" for draft of Resolution and drafts of the Amended Master Development Order. and the Increment 1 Development Order which are attached to the Resolution as Exhibits. b) An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; Response: Not Applicable. c) A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable Response: Not Applicable. d) A proposed amended development order termination date that reasonably reflects the time required to complete the development; a Res onse: Not Applicable. e) A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -Zoning, unit density reduction, or intensity reduction, if applicable; and; Response: 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-0.025(7), F.A.C. Res_ eponse: Not Applicable EXHIBIT "A" Explanation of Addition and Reduction of Land Uses The Increment I development order (Res.#87-1149), allows the City of Miami to simultaneously increase and decrease certain land uses provided that impacts will not create additional adverse regional impacts, as measured by the total peak hour vehicle trips. The proposed amendment to the Downtown Miami Development of Regional Impacts (DDRI) allows for an increase in hotel use by 3,000 rooms and residential use by 7,000 dwelling units (DU) by reducing equivalent office space so that the total trip impacts will not change. The "Land Use Exchange Rates for Downtown DR/" matrix (shown in Table 1), which was adopted as part of Master Development Order (Resolution No. 87-1148), provides the rates of exchange between land uses in the DDRI without increasing total impacts. Table 1 also provides trip generation rates for approved land uses in the DDRI. The current approved land use intensities for office, hotel, and residential in downtown Miami are 6,877,277 S.F., 1,500 rooms, and 3,550 DU, respectively. 9 V�f Motel Land Use Exchange The rate of exchange between office and hotel, as established by the "Land Use Exchange Rates for Downtown DRI" matrix is i S.F. office for every 0.0030 rooms of hotel. Therefore, 3,000 rooms hotel are equivalent to 3,000 rooms / 0.0030 = 1,000,000 S.F. office As per Table 1, hotels generate trips at a rate of 0.202 trip per room during the p.m. peak - hour. Therefore, 3,000 hotel rooms would generate 606 p.m. peak -hour trips (3,000 x 0.202 = 606). The proposed total hotel uses will be: 1,500 approved rooms + 3,000 additional rooms = 4,500 rooms The total p.m. peak -hour trips generated by hotels would be: 4,500 rooms x 0.202 trips per room = 909 trips SOURCE: Bermello, Ajamil & Partners, Inc. (December, 1997) Residential Land Use Exchange The rate of exchange between office and residential is 1 S.F. office for every 0.0044 DU. Therefore, 7,00 DUs are equivalent to: - 7,000 DU / 0.0044 = 1,590,909 S.F. office As per Table 1, residential land uses generate trips at a rate of 0.1360563 trip per DU during the p.m. peak period. Therefore, 7,000 DUs would generate 952 p.m. peak -hour trips (7,000 x 0.1360563 = 952). The proposed total residential units will be: 3,550 approved DU + 7,000 proposed DU = 10,550 DUs The total p.m. peak -hour trips generated by residential land use would be: 10,550 DU x 0.1360563 trips per DU - 1,435 trips Combined Additional Trips: The total new p.m. peak -hour trips to be generated by the additional hotel and residential land uses will be: 606 + 952 = 1,558 trips Office Reduction The total office reduction will be: 1,000,000 + 1,590,900 = 2,590,909 S.F. As per Table 1, office space generates trips at a rate of 0.0005985 trip per S.F. during the p.m. peak period. Therefore, the p.m. peak -hour trip reduction of 2,590,909 S.F. office space t:. 10 a will be 1,551 trips (2,590,909 x 0.0005985 = 1,551). The difference between the equivalent additional p.m, peak hour trips generated by hotel and residential (1,558) and the equivalent reduction of office trips (1,551) is' just due round off error or approximation. The total remaining office space will be: 6,677,277 - 2,590,909 = 4,086,368 S.F. The total remaining p.m, peak -hour trips to be generated by office space would be: 4,086,368 x 0.0005985 = 2,448 trips Source: Bermello Ajamil & Partners, Inc. 11 a aoeol3aa Table-1 um UK I1;t14111N• dl m m 101011/11 dill Min Mail/ Seales 0et i Metlmltlsl bar no) ('sir i.M.� fewntles Wlesal Isalttdte�sl Attraction/ Dort bsisetNal recrsatleis reef (Mr. eat) it 0.00t�610S O.00If14 0 20Q ia13f05i,9 O.I3t•6t1 0 OOilla a a�v O.00ZOS•! 0 --- l.IQ10 11.I632 0.00 SAW Sam CUM 0.tlS11 O2 - gwvlce :tom tow -1lal (per 4.u.) =� :1a/Wewt�lol =tasal $m/IotcroatleA O.emill O.M L13t9Di3 0.000111 COMM 8.10132 •.am I.Ow 0.06 337.1101 310.2110 1.00 227.3m Mill" CUSS #.INS O.tllT O.f000 0.2t1t 0.2631 LOW t.tOl6 2.5134 6.0105 L** 1.4017 1.0000 Q. 0.01N Lam Cum 3.771.9m i.ip.gi3 I.QOM 1.1614 ' 11.5m 3.9199 i.i2S.0710 1.i1N 1.00/1 LOIN 0.39)2 IS3.ON3 103.Wu i.MN 0.1003 I.0000 . PW O.2S2t l0.1154 6i.0if2 O,pfM 0.0iq O.itlt 1. 0, tAt.1.;1.Ot0i •. •, sml Fui�tttee 0.00mm _ O.MSl� 3.4310 3.1650 i.031t LAW LIS3Z 0.0030 0.01l1 I1.1600 ¢; 15.61l1 •.Still LSf9/ 0- 1.000p 0.310) 1: 1 - tooaio ver aelalatlas - exc>ltW r•ts " es/ % ioN ee'twud W MaW rt N ?set OW Ertewal deter V611141 TOP Fade per grit of 1es1 Qerlts! in" the QwWOM 11ae0 J6.0.0; uts EXHIBIT `B'' Downtown DRI ANNUAL STATUS REPORT - UPDATED THROUGH MARCH 19, 1998 A. Current Status of Increment 1 through OCTOBER 1997): Development Credits (as indicated in Development Order amendments Land Use Total Allowable Reserved with MUSP or Ctl Reserved with Unreserved Building Permit or Of iCe (GSF) 6,595,408 completed Credits 17,426 (1) 8.700(a) 6,158, 992 372,788 (9) 37,500 (10) Gov't Office 300,000 (GSF) 300,000 Retail (GSF) 11050,000 14,052(2) 3335 (3) 4,430 (1) 7807 (4) 943,800 13,149(5) 4,605 (8) , 18,822(9) • 40,000 (10) Hotel (rooms) 1 5pQ 325 rooms (1) 246 rooms (9) 627 rooms 302 rooms (11) Residential (units) 3,550 508 units 1 () 356 units (4) 599 units (2) 297 units (3) 646 units 641 units (5) 80 units (6) 355 units (8) 128 units (7) 40 units (9) Convention (GSF) 500,000 Wholesale/ 1.050.000 500,000 Industrial (GSF) 11050,000 Institutional 300,000 (GSF) 300,000 Attraction/ Recreation (seats) 30,500 24,000 seats (10) 6,500 seats Marine Facilities 230,000 (GSF) -------------- 230,000 12 t (1) Brickell on the River (5) Brickell Bay Plaza (8) Terremark Brickell 11 (2) Brickell Point (6) Olympia Building (10) American Airline Arena (3) Fortune House (7) Congress Building (11) J.W. Marriott Hotel (4) Yacht Club at Brickell (8) Yacht Club 11 B. Proposed and/or pending applications for development credits: Land Use Total Allowable Total Reserved Pending Total Remaining (as amended) (from "A' above) applications or Credits Credits planned projects Office (GSF) 6,677,277 ' 436,414 6,240,863 Government 300,000 300,000 Office (GSF) Retail (GSF) 1,050,000 106,200' 200,000(1) 726,645 16,955(2) Hotel (rooms) 1,500 373 rooms 627 rooms Residential 3,550 3,004 units 749 units (2) -203 units. (units) Convention 500,000 500,000 (GSF) Wholesale/ 1,050,000 1,050,000 Industrial (GSF) Institutional 300,000 300,000 (GSF) Attraction/ 30,500 24,000 4,880 seats (3) 1620 seats Recreation (seats) Marine Facilities 230,000 230,000 (GSF) (1) Brickell Commons Project (in application process) (2) Bayshore Palms Project (application filed 11/04/97) (3) Performing Arts Center (in application process) 13 jL,6aMSiW�•� TYPE OF LAND USE vr�n"WC CATEGORY EXHIBIT loci$ ATION DETE PROPOSED ORIGINAL PLAN PLAN Recreation Wranung spaces #Spectators oSeats Site Locational changes 30,500 3,400 Acreage, including drainage, ROW, easement, etc. OExt@mal Vehicle Trips D.O. conditions 49 p.m. 7 p.m. peak hour ADA representations peak hour Airports Runway (length) Runway (strength) Not Applicable Terminal (gross square feet) 0 Parking Spaces 0 Gates Apron Area (gross square feet) Site locstional changes Airport Acreage, including drainage, ROW, easenant, etc. 0 External Vehicle Trips D.O. conditions ADA representations C� 1 G PREVIOUS D.O. CHANGE ♦ DATE 6,500 14 p.m, peak hour TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O. LAND USE CATEGORY PLAN CHANGE + DATE 14ospitals d Beds Not Applicable * Parking Spaces ► Building (gross square feet) Sue locational changes Acreage, Including drainage, ROW, easements, etc. d External Vehicle Trips D.O. conditions ADA representations industrial Acreage, including drainage, ROW, Not Applicable easements, etc. d Parking Spaces Building (gross square feet) d Employees Chemical storage {barrels and lbs.) Site locational changes P External Vehicle Trips D.O. conditions ADA representations Alining Operations Acreage mined (year) Not Applicable Water Withdrawal (gallday) ? Size of Aline (acres), Including drainage, ROW, easements, etc. Site locational changes 8 External Vehicle Trips D.O. conditions ADA representations is TYPE OF LAND USE PetroleundChem. Storage Ports (Marinas) CATEGORY PROPOSED ORIGINAL PLAN PLAN PREVIOUS D.O. ---.tea•,111GIUaong trralnage, ROW, easements, etc. 6,695,408 sq. ft. Building (Own square feet) tic Parking Spate S Employees Site locatlonai changes 3�346 P.M. Peak hour d External Vehicle Trips 600 Exhibit A D.O. conditions see Exhibit A ADA representations Storage Capacity (barrels and/or on.) Not Applicable Distance to Navigable Water (feet) Site locatlonal changes Facility Acreage, including drainage, ROW, easements, etc. d External Vehicle Trips D.O. conditions ADA MPMentatlons 0 boats, wet storage 6 boats, dry storage Dredge and fill (cu. yd.) Petroleum storage (gals.) Site locatlansi changes Port Acreage, Including drainage, ROW, easements, etc. Not Applicable d External Vehicle Trips D.O. conditions Not Applicable ADA representations 7,100,000 sq. ft. 4.250 p.m. peak hour •srwrfut + OATE 6,919,650 sq. ft. (1991) 6,677,277 sq. fL (1994) 4,142 P.M. peak (1991) & 3,397 p.m. peak hour (1994) GMANGE CATEGORY e aweiling units Type dwelling unite Acreage, including drainage, ROW, easements, sic. Site locatlonal changes 0 Extsmal Vehicle Trips D.O. Conditions Acreage, Including drainage, ROW, easements, etc. Floor Space (gross square feet) 0 Parking Spaces 0 Employees Site iocational changes 0 External Vehicle Trips D.O. conditions ADA representations Notol/Motai 0 Rental Unite Floor Space (gross square feet) 0 Parking Places 0 Employees Site locational changes Acreage, Including drainage, ROW easements, etc. if External Vehicle Trips D.O. conditions ADA representations PROPOSED ORIGINAL PLAN PLAN PREVIOUS D.O. Not Applicable Not Applicable Not Applicable Not Applicable 17 1.000 rooms 202 p.m. peak hour 1.500 rooms 303 p.m. peak hour [7 ..nnmut CATEGORY A --- - PROPOSED ORIGINAL PLAN PLAN PREVIOUS D.O. ! k .,.....u., our-luamg aralnage, ROW, ------------ - .,.,.� �snrents, etc. Not Applicable S Paddng Spaces Building (gross squ4irs feet) S Employees Site locatlonal changes S Extemal Vehicle Trips D.O. conditions ADA representations Open Space (AN Acreage natural and vegetated Not Applicable Site locadonal changes non-Imparvious Type of open space surfaces) D.O. conditions ADA representations Preservation, Buffer Acreage or Special Protection Areas Site locatlonal changes Not Applicable Development of ake proposed D.O. conditions ADA representations Notes If a response Is to be more than one sentence, attach a detailed description of each proposed change and co I®s o aft$ plan drawings. The Bureau may request additional Information from the developer or his agent. p f the propo$ed modified 1 .( 18 EXHIBIT `E" RESOLUTION NO. 98- A RESOLUTION, WITH ATTACHEMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTIONS 87.1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION 91-698 ADOPTED SEPTEMBER 26, 1991 AND RESOLUTION 98- 849 ADOPTED NOVEMBER 17, 1994), FOR THE AREA OF THE CITY OF MIAMI, UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA); BY AMENDING THE MASTER AND INCREMENT I DEVELOPMENT ORDER BY SIMULTANEOUSLY INCREASING AND DECREASING THE QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN INCREMENT 1; FINDING THAT THESE CHANGES 00 NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1993), AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution NO. 87-1148 approving a Master development order for the Downtown Miami Development of Regional Impact, and Resolution No., 87-1149 approving the Increment 1 development order for the Downtown Miami Development of Regional Impact; and WHEREAS, there is a need to increase the number of units In the residential land use category to accommodate proposed new development; and WHEREAS, there is a need to increase the number of rooms in the hotel land use category to accommodate proposed new development, while there is a surplus of unused development in the office land use category; and WHEREAS, the simultaneous increase and decrease in the aforementioned land use categories is compatible with the uses designated for the downtown area and does not conflict 20 with the land use designations for the area as designated in the Miami Comprehensive Neighborhood Plan 1989.2000 Future Land Use Flan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May , 1998, following an advertised public hearing, adopted Resolution No. PAS -98 by a vote of ( ) to (_) RECOMMENDING of the proposed amendments to the Master and Increment i Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 380.06119), Florida Statutes (Supp.1996), on _ , 1998, the Downtown Development Authority 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, on , 1998, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been compiled with for an amendment to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend the Master and Increment 1 development orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW IF, Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 21`" i 3 l r J�k ��ii1 RA J 1 S SOctlon 2. The proposed amendments to the Master development order for the Downtown Miami Development of Regional Impact (Resolution 87-1148, as amended by Resolution 91- 698 and Resolution 9"49), which are attached hereto as Exhibit 'A' and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development of regional impact review pursuant to Subsection 380.08(19), Florida Statutes (Supp.1993). These amendments are in conformance with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendments to the Master development order for the Downtown Miami Development of Regional Impact (Exhibit 'A') are hereby approved. Seggon 4. The proposed amendments to the Increment I development order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1149), which are attached hereto as Exhibit 13' and made a part hereof, do not constitute a substantial deviation and therefore. do not require further development of regional Impact review pursuant to Subsection 380.08(19), Florida Statutes (Supp.1993). These amendments are in conformance with the Miami Comprehensive Neighborhood Plan 1989-2000. Section S. The attached amendments tot he Increment 1 development order for the Downtown Miami Development of Regional Impact (Exhibit 08') are hereby approved. 22 i PASSED AND ADOPTED this day of , 1957 JOE CARROLLO, EXECUTIVE MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY; RAFAEL DIAZ / DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY 23 : - D73 EXHIBIT "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Slaztrlc, Assistant Director, City of Miami Department of Planning and Development, or their successors. PROJECT DESCRIPTION: The Downtown DRI area consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Land uses Office (gross square feet)- 13,896,406 Government Office (gross square feet)- Retail/Service (gross square feet) Hotel (room) Residential (dwelling units) Convention (gross square feet) Wholesale/ Industrial (gross square feet) Institutional ( gross square feet) Attract Ions/Recreation ( seats ) 30,500 Marine Facilities Increment I Increment II Increment III Buildout- Buildout- Buildout- Dec. 30, 1999 Dec. 30, 2005 Dec. 30, 2014 300,000 11050, 000 4,500 3,550 500,000 11050,000 300,000 6r= 230,000 24 250,000 400,000 500 2,550 0 [e] 0 1,600 t 13,476,024 200,000 500,000 1,100 2,920 0 1,050,000 300,000 5,000 Totals 4,086,368 750,000 1,950,000 3,100 9,020 500,000 2,100,000 600,000 E►.f<I��aI�;�l � - 0 74 3 Pursuant to F.S. 380,06(22) (lggg), the Project specifies the total amount a f development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5" Street and 1-395 known as "Park West', as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, Including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the Purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06(1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent of temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. 25 77 pp�� r T�3 t ' 0. 0 Council: The South Florida Regional Planning Council. ODA or Oowntown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. 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 attraction/recreation facilities or gross square footage for office, government 'office, retail/service, convention, wholesalePndustrial 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 shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development would have no regional impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 18 herein. 26 { 02 Proiect Area: The are included within the legal description in Exhibit 2. 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) (1997), and which shah be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesaletindustrial Institutional Attractions/Recreation Marine Facilities 6*622j= 6,595,406 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 60600 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use aategorles, provided that the regional Impacts of the land uses In Increment I of the area wide ORlas originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the area wide ORI: A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit 2. 27 C. The DOA filed the AbA withth e City, the Council, and the Florida Department of Community Affairs. D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987), authori ' downtown development authority to apply development I fa zing a Rment approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Downtown DRI area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Downtown DRI area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.O6(21)(b)(1987), the CADA seeks master development approval for three increments of development over a period of a R ars ment P approval for and specific development aapproximately twenty years Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Downtown DRI area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. f;. 28 0 Ji_ r 0 H. The Downtown DRI area is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council Staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami -Increment I", dated October 5, 1987. The South Florida Regional Planning Council recommends approval of Increment I of the Downtown DRI, and all conditions to which such approval is subject are reflected herein. K. Increment I of the Downtown DRI is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Downtown DRI is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Downtown DRI is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Downtown DRI will have a favorable impact on the economy of the City. O. Increment I of the Downtown DRI will efficiently use public transportation facilities. P. Increment I of the Downtown DRI will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. Q. Increment I of the Downtown DRI will efficiently use necessary public facilities. R. Increment I of the Downtown DRI will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. S. Increment I of the Downtown DRI will not adversely affect living conditions in the City. T. Increment I of the Downtown DRI will not adversely affect public safety. U. There is a public need for Increment I of the Downtown DRI. 29 "' �GM�N-§"'3�P.*,•. V�+.....L.i�aC.+Jit... �.:.'i ..l..:�`SZi,i ... �.�.'� e'4K4`�Kb„r�3r�.�h�. R.,�.,......__..,... CONCLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The ODA constitutes a "downtown development authority" as defined in F.S. 380(1987), and is authorized by F.S. 3800 987) to make application for development approval and receive a development order. B. increment I of the Downtown DRI complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. Increment I of the Downtown DRI does not unreasonably interfere with the achievement of , the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increment I of the Downtown DRI is consistent with the report and recommendations of • the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 3800 987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER SHALL. 1, Require all development pursuant to this Development Order to be in accordance with applicable building codes land development regulations, ordinances and other laws. 2. For the purpose of baseline data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: 30 a) CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA Brickell, the Central Business District and Omni. b) The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through March 15th, for each sub -area. c) The monitoring for each sub -area shall be completed prior to the issuance of any certificate of occupancy within that sub -area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that sub -area; or prior to March 15, 1997, whichever comes first. d) The monitor will be located at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Resources Management (DERM), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will • be acceptable for that sub -area. e) Perform the monitoring required by 2a. And 2b. Above as prescribed by the policies and regulations governing DERM and submit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one (1) year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 2a. Below. The air quality modeling shall follow FDER guidelines and shall. a1 Be limited to no more than ten (10) intersections to be selected from among the - intersections projected in the DADA to operate at level of service E or F. The intersections shall be selected jointly by FDER, DERM, the Council staff, and the City. b) Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. 31 c) Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4) If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b. Above. The monitoring and abatement program, including a time frame for implementation, must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. The program may include, but is not limited to, the following techniques: a) Transportation Control Measures (TMC). b) Physical planning measures (e.g., signalization, parking area locations, addition of turn lanes, etc.). c) The continuance of monitoring for specified sub -areas. 5) If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentration, do one of the following: a) Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. b) Withhold the issuance of any building permits for Net New Development within the sub- area that shows CO exceedences. 32 f, .J ;J -- U r 3 6) Based upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to pay $7,543,419 (fair share in 1987 dollars), to be expended on any or all of the following transportation improvements: a) SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches. b) Intersection improvements to the entrance and exit ramps to 1395 at NE 1 st Avenue and NE 2nd Avenue. c) Other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvements has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have been let to contract for construction before the earlier date of a. or b. specified below. a) ten years after the effective date of the Development Order, or b) the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b., specified above. 7) Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8) Make efforts to work closely with applicable governmental agencies to ensure that the Metropolitan Stage If herein be completed as identified in the current Metropolitan Planning Organization's Transportation Improvements Program (TIP) published in .tune, 1987. In the event that by December 31, 1992, the Metromover Stage II improvements are not substantially under construction, as determined by Council staff, then this situation will be 33 d l considered a substantial deviation from the mitigative efforts anticipated to offset the. adverse impacts of Total Allowable Development, in this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380-.06(19)(a)(g) and (h), (1986). Such additional Development of Regional Impact review, if required shall be initiated by March 31, 1993. Net New Developments which have obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review. 9) Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a) actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b) provide mass transit route and schedule* information in convenient locations throughout the individual development, and c) encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be- selected from, but not be limited to, the list entitled "Table 4.9 - Potential Transportation Control Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The TMC ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 10) In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1988). Such additional Development of Regional Impact review, 34 if required, shall be initiated by the Applicant within 90 days of the identification of its need. 11) Have the authority *to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development of its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12) Establish December 30, 1999 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: { 13) The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major I. Use Special Permit. The City shall place reasonable time limits on all building permits and j 1 Major Use Special Permits to assure that construction progresses within a reasonable 4 35 r:. s rh £ period of time after approval to prevent stockpiling of reservations for Development. Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 14) Upon the issuance of a Certificate of Occupancy for Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New Development' which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15) The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a) Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b) Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 16) The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380(1887), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City and Applicant, its successors, and/or assigns. 36 17) All terms, proposals, suggestions and Procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order not be considered a part of the Consolidated Application for Development Approval inso all as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order y control and any requirements of the City are specifically enumerated herein. shall 13) The City shall prepare an annual report and submit copies to the Council and Florida Department of Community Affairs on or before each anniversary date ty Clerk Development Order, The annual report for Downtown Miami - Increment 1 mustof this incorporated into he annual report required in the Downtown Miami Master Dev also be Order so that a single annual report p ort is Compiled for the entire Project. el°pment shall include, at a minimum: f The annual report a) A complete response to each question in Exhibit 3. b) Identification and description of any known changes in the plan of development in the representations contained in the CADA, or in the phasing for the reporting year a d for the next year. 9 Y and c) A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d) An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. 37 r e) Specification of any amended DRI applications for development approval or requests. for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f) An indication of change, if any, in City Jurisdiction for any portion of the development since issuance of this Development Order. g) A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18)(1987). h) A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15)(1987). 1) Any other information required by the Department of Community Affairs (DCA) in • accordance with F.S. 380.06(18)(1987). 19) The City shall enforce the requirements of the Dade County'Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20) 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 30,1999. Provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19) (1987). 21) The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S.380.07(2)(1987). 38 ` 4jU J s 22) The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 21 that unless the violation is cure within 30 days of said notice, the City will hold a pubic hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obliviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within as reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DDA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23) The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S.380.11987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director .may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of 39 t Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24) The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987, is incorporated herein by reference. 25) Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06115)(1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 26) The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S.3800 987) to file an Application for Development Approval and obtain an individual Development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be consistent with the objectives and conditions of this Development Order. 27) This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 28) This Development Order shall not create nor impose any additional requirements restrictions upon the City with respect to its powers to enact impact fee or as em ssor ordinances on development, including Net New Development under this Development meat and future development of the City, as such impactOrder . by law. fees or assessments may be authorized 29) In the event that a substantial deviation is determined under the terms of this Devel Order or F.S. -380 (1987), the Ci �l retain its ability shalto issue building il °pment Use Special Permits and shall continue to do so unabated, subject ohe sterm and Major conditions of this Development Order. and 30) In the event that this Development Order is subject to litigation wherein an injunction issued staying the enforcement of this Development Order, the City shall either, under is this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Occupant until il such time as a final resolution of the litigation occurs. y 31) In the event that the city enters into an interiocal agreement with Dade County to develop Bicentennial Park and the F.E.C. Tract as a marine Facility, the City will require that, in the event marine Facility operation changes from the schedule identified in Attachment D of the Notification of a Proposed Change (dated September 7, 1994) and increased impacts to weekday p.m. peak hour traffic are projected to occur, the City will simultaneously increase Marine Facility use and decrease other approved use(s) so that the regional im land uses in increment 1 of the Project as originally a pacts of the hour vehicle trips. The Florida Department of Community Affairs will review by total peak such chances to Marine Facilities. review and approve 41 - t,� Exhibit ,a - Master Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Slazyk, Assistant Director, City of Miami, Department of Planning and Development, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increment. Increment I Increment II Increment III . Land uses Buildout Dec. 30, 1999 Buildout. Dec. 30, 2005 Buildout. Dec. 30, 2014 Totals Office —" (gross square feet). sx"r" 40$6,368 3,600,000 3,700,000 11,304,497 Government Office (gross square feet) Retail/Service 300,000 250,000 200,000 750,000 (gross square feet) Hotel 1,050,000 400,000 500,000 1,950,000 (room) 4?= 4� 500 1,100 34W Residential 6,100 (dwelling units) 34" 2,550 2, 920 Convention 10_ , 550 atop 16,020 (gross square feet) 500,000 0 Wholesale/ Industrial 0 500,000 (gross square feet) 1,050,000 0 Institutional 1,050,000 2,100,000 ( gross square feet) 300,000 0 Attract ions/Recreation 300,000 600,000 ( seats) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 230,000 42 I : ..... f STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MANE ) I, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 29 inclusive, constitute a true and correct copy of a Resolution with attachments passed and adopted by the City Commission at the meeting held on the 24th day of February, 1998 SAID RESOLUTION WAS DESIGNATED AS RESOLUTION No. 98-219 IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami, Florida this 8th day of July, 1998 WALTER J. FOEMAN City Clerk Miami, Florida. By.-- ----- -- ----- ------- Deputy Clerk (OFFICIAL SEAL) itc-I afs-57o'= I off r4sliewlto 101's Otte 0 QMW fi•- ov.19,14W T*jk gt=TZTO Ma •_ molt �Lwll IzAMA W-Tore F-r4re a