HomeMy WebLinkAboutR-98-0562J-98-598
6/09/98
RESOLUTION NO. 9 562
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO
SECTION 380.032(3), FLORIDA STATUTES (1997),
BETWEEN THE CITY OF MIAMI, THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY, THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, SHIFTING THE SCALE OF
PERMITTED DEVELOPMENT ACTIVITY WITHIN THE
AREAWIDE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY
DEVELOPMENT OF REGIONAL IMPACT AND MASTER AND
INCREMENT I DEVELOPMENT ORDERS, BY
SIMULTANEOUSLY INCREASING AND DECREASING
ALLOWABLE DEVELOPMENT CREDITS IN CERTAIN LAND
USE CATEGORIES; PROVIDING FOR TRANSMITTAL TO
APPROPRIATE AGENCIES; AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE PROPOSED CHANGES,
IF ANY, IN THE AGREEMENT; AND PROVIDING FOR
DEVELOPMENT ACTIVITY CONSISTENT WITH SAID
AGREEMENT WITHOUT THE NECESSITY OF FILING
STATUTORY NOTICES.
WHEREAS, the City Commission, on December 10, 1987, 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 Order of Regional Impact; 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, there is a need to increase the number of units in
the "residential" land use category to accommodate proposed new
ATUCHMENT� '
CONTAINED
CITY COMM SSION
MEETING OF
JU N Q 9 1998
Resolution No.
development; 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 classifications for the areas as designated in the Miami
Comprehensive Neighborhood Plan 1989-2000 Future Land Use Map;
and
WHEREAS, there is a need within the Downtown Development of
Regional Impact area to expedite the development process; and
WHEREAS, Section 380.032(3), Florida Statutes (1997), inter
alia, authorizes the Florida Department of Community Affairs to
enter into agreements with government agencies to effectuate the
provisions and purposes apposite of the Florida Environmental
Land and Water Management Act of 1972 and rules promulgated
thereunder;
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 City Manager is hereby authorized to
execute an agreement, in substantially the attached form,
pursuant to Section 380.032(3), Florida Statutes (1997), between
the City of Miami, the Downtown Development Authority, the
Florida Department of Transportation and the Florida Department
of Community Affairs, shifting the scale of permitted development
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activity with the areawide Miami Downtown Development Authority
Development of Regional Impact and Master and Increment I
Development Orders ("Downtown DRI"), by simultaneously increasing
and decreasing allowable development credits in certain land use
categories, as provided in the subject master development order.
Section 3. The City Manager is hereby further authorized
to transmit the attached agreement to the Florida Department of
Community Affairs, the Florida Department of Transportation, and
the Miami Downtown Development Authority, for their review and
execution, and upon its return to the City, execute said
agreement on behalf of the City.
Section 4. The City Manager is hereby further authorized
to negotiate any changes which may be proposed by DCA, FDOT and
the DDA and amend and incorporate such changes the administration
deems acceptable and in the best interest of the City of Miami,
as set forth by the City Commission upon the establishment of
said district in 1987, and subsequent amendments thereto.
Section 5. The City and/or a Developer may undertake
development activity which is consistent with the subject
agreement, within the area covered by the Downtown DRI, after the
date of full execution of this agreement by all parties, without
applying for a NOTICE OF A PROPOSED CHANGE ("NOPC") pursuant to
Section 380.06(19), Florida Statutes (1997).
Section 6. This Resolution shall become effective upon
its adoption and signature of the mayor or pursuant to
Section 4(g)(5) of the City Charter and Section 2-36 of the City
3 - 98-- 562
Code.
PASSED AND ADOPTED this 9th day of June , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said i.-i:ii ear
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercising alveto.
ATTEST: �40t� Q), I ��
Walter Foeman, City Clerk
WALTER J. FOEMAN
CITY CLERK_-,..---
APPWV' EU P T^' FqM� AND CORRECTNESS :tj
NDRO V LLO
ATTORNEY i
W2609:JEM:BSS:mis
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AGREEMENT PURSUANT TO §380.032(3), FLORIDA
STATUTES FOR THE DOWNTOWN DEVELOPMENT
OF REGIONAL IMPACT (DRI)
This Agreement ("Agreement") is entered into among the Downtown Development
Authority of Miami (Developer), through the City of Miami (City), and the State of Florida,
Department of Community Affairs (Department) subject to all other governmental approvals and
solely at the Developer's and City's own risk.
WHEREAS, the Department is the state -land planning agency having the power and
duty to exercise general supervision of the administration and enforcement of Chapter 380,
Florida Statutes, which includes provisions relating to Developments of Regional Impact (DRI);
and
WHEREAS, pursuant to Subsection 380.032(3), Florida Statutes, the Department is
authorized to enter into agreements as may be necessary to effectuate the provisions and
purposes of Chapter 380, Florida Statues; and
WHEREAS, the Department, Developer and City shall enter into an agreement
entitled "Agreement Pursuant to §380.032(3), Florida Statutes, for the "Downtown Development
of Regional Impact" and dated , 1998 and
WHEREAS, the Department, Developer and City intend that this Agreement shall
bind the parties on the Increment I land use decrease and increase as stipulated in the Annual
Status Report as attached to this agreement; and
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
98-- 562
Impact, and Resolution No., 87-1149 approving the Increment I 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 with
the land use designations for the area as designated in the Miami Comprehensive Neighborhood Plan
1989-2000 Future Land Use Plan Map and consistent with the Master and Increment I Development
Orders; and
WHEREAS, the Application for Development Approval ("ADA") included movie
theaters as a use under the retail land use category; and
WHEREAS, the City's ADA anticipated movie theaters to be counted as retail
development; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 20, 1998,
following an advertised public hearing, adopted Resolution No. PAB -98 by a vote of
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
98- 562
WHEREAS, on June 9, 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 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, for and in consideration of the mutual covenants contained
herein, it is hereby understood and agreed:
1. The Developer and the City assert and warrant that all the representations and
statements concerning the Downtown DRI made to the Department and contained in this
Agreement are true, accurate, and complete. Based upon such representations and statements,
the Department concluded that this Agreement is in the best interest of the State, is necessary and
beneficial to the Department in its role as the state agency with the responsibility for the
administration and enforcement of Chapter 380, Florida Statutes, and reasonably applies and
effectuates the provisions and purposes of Chapter 380, Florida Statues.
2. The City and/or Developer may undertake the development after the date of
execution of this Agreement without applying for a NOTICE OF A PROPOSED CHANGE
(N.O.P.C.), pursuant to subsection 380.06(19), Florida Statues (Supp. 1996).
3. 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
98- 562
and Resolution 94-849), 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 (Supp.1993). These
amendments are in conformance with the Miami Comprehensive Neighborhood Plan 1989-2000.
4. The attached amendments to the Master development order for the Downtown
Miami Development of Regional Impact (Exhibit "A") are hereby approved.
5. The proposed amendments to the Increment I development order for the
Downtown Miami Development of Regional Impact (Resolutions No. 87-1149 through No. 98-
219), 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.1993). These amendments are in
conformance with the Miami Comprehensive Neighborhood Plan 1989-2000.
6. The Developer and the City shall not claim vested rights, or assert equitable
estoppel, arising from this Agreement or any expenditures or actions taken in reliance on this
Agreement to continue with the total proposed area development beyond Increment I of the
Development Order.
7. In the event of a breach of this Agreement or failure to comply with any condition
of this Agreement, or if this Agreement is based upon materially inaccurate information, the
Department may terminate this Agreement or file suit to enforce this Agreement, as provided in
Sections 380.06 and 380.11, Florida Statues, including a suit to enjoin all development as to the
Downtown DRI.
8. Nothing in this Agreement shall constitute a waiver by any party of the right to
appeal any development order pursuant to Section 380.07, Florida Statutes.
98- 562
9. The restrictions and conditions of the final development order issued pursuant to
Chapter 380, Florida Statutes, shall supersede the restrictions and conditions upon development
of this Agreement.
10. This Agreement affects the rights and obligations of the parties under Chapter
380, Florida Statues. It is not intended to determine or influence the authority or decisions of any
other state or local government or agency in issuance of any other permits or approvals which
might be required by state law or local ordinance for any development authorized by this
Agreement. This Agreement shall not prohibit the Department of Transportation from reviewing
or commenting on any regional issue that the Department of Transportation determines should be
included in the Department of Transportation report on the ADA.
11. The terms and conditions of this Agreement shall inure to the benefit of and be
binding upon the personal representatives, successors and assigns of the parties hereto. The
Developer and the City shall ensure and provide that any successor in interest in and to any lands
or parcels affected by this Agreement is bound by the terms of this Agreement. The Developer
and the City shall record a Notice of this Agreement in the Official Records of Miami -Dade
County, Florida, and shall provide the Department with a copy of the recorded Notice in
substantially the form attached hereto as Exhibit A, including Book and page number within two
(2) weeks of the date of execution of this Agreement.
12. The effective date and date of execution of this Agreement shall be the date that
the last party signs and acknowledges this Agreement.
13. Move theaters shall continue to be counted under the retail land use category until
such time that the Developer and City adopt Increment II of the Downtown DRI.
98- 562
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 Slazyk, 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:
Increment I Increment II Increment III
Buildout- Buildout- Buildout-
Land uses Dec. 30, 1999 Dec. 30, 2005 Dec. 30, 2014 Totals
Office
(gross square feet)- 3,600,000 3,700,000 11,304,497
4,086,368
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 51W
z
(room)
4,500
500
1,100
6,100
Residential
ar 58
g
(dwelling units)
10,550
2,550
2,920
16020
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
230,000
98- 562
DEPARTMENT OF COMMUNITY AFFAIRS:
Approved as to form and legal sufficiency:
Counsel
Department of Community Affairs
IC
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 19_ by of the Department of
Community Affairs, an agency of the State of Florida, on behalf of the Department. He / She
is personally known to me or has produced a
as identification and did (did not) take an oath.
Print Name: _
Title:
Serial Number:
My commission expires:
WITNESS:
WITNESS:
(if any)
9 8 - 5b2
DOWNTOWN DEVELOPMENT AUTHORITY:
Patricia Allen, Executive Director
CITY OF MIAMI:
ATTEST:
Walter J. Foeman, City Clerk
Legal Review:
Joel E. Maxwell, Assistant City Attorney
Approved as to Legal Form
and Correctness:
Alejandro Vilarello, City Attorney
Jose Garcia -Pedrosa, City Manager
9 8 - 562
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
Honorable Chairman and Members
of the City Commission
i
FROM: on d H. Warshaw
City Manager
RECOMMENDATION
CA-7
DATE: June 9, 1998 FILE
SUBJECT: Agreement between Florida
Department of Community Affairs
for the Downtown Development
REFERENCES: of Regional Impact Amendment
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached agreement and
authorize the City Manager to execute the said agreement between the Florida Department of
Community Affairs (DCA), the Downtown Development Authority (DDA) and the City of
Miami for the amendment to the Downtown Master and Increment I Development Orders of
the Downtown Development of Regional Impact (DRI), pursuant to Section 380.032(3),
Florida Statues. Further, authorizing the City Manager to negotiate with the Florida DCA
and DDA to effectuate the agreement. The agreement will allow a simultaneous increase and
decrease of the development credits in certain land use categories proposed in the Downtown
DRI. The proposed change is necessary in order to accommodate an increase in the Hotel
Rooms and Residential Units in the Downtown DRI area.
BACKGROUND
On February 24, 1998, the City Commission, through Resolution 98-219, approved certain
changes to the Master and Increment I Development Orders to accommodate the proposed
American Airlines Arena ("The Arena"). These changes included a simultaneous decrease
and increase in proposed land uses in the Increment I Development Order. The office
category decreased by 81,871 gross square feet, resulting in a change from 6,677,277 gross
square feet to 6,595,406 gross square feet, and attractions and recreation category increased
from 6,500 seat to 30,500 seats.
Pursuant to Section 380.032(3), Florida Statues, the Florida DCA can enter into agreements
with any land owner, developer, or government agency, to effectuate provisions and purposes
of the Act. The proposed agreement will streamline the land development process by
allowing developers to expedite the building permitting process through City Commission
approval.
98- 562
The City Administration recommends the approval of the Commission to execute the
attached agreement in order to expedite the development process within the Downtown DRI
area.
JGP:CMC:L S:ELW:ar
fp��
c: Christina M. Cuervo, Assistant City Manager
Lourdes Slazyk, Assistant Director, Department of Planning and Development
Elbert L. Waters, Planner III, Department of Planning and Development
s.
98- 562
J-98-105
2/24/98
RESOLUTION NO. 9 8 - 2 1 0-
A RESOLUTION, WITH ATTACHMENTS, 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 NOS. 91-698 ADOPTED SEPTEMBER 26,
1991, AND RESOLUTION NOS. 94-849 AND 94-850
ADOPTED NOVEMBER 17, 1994), FOR THE AREA OF
THE CITY OF MIAMI UNDER THE JURISDICTION OF
THE DOWNTOWN DEVELOPMENT AUTHORITY (MORE
PARTICULARLY DESCRIBED IN EXHIBITS 1 AND'2
ATTACHED HERETO), BY AMENDING THE MASTER AND
INCREMENT I DEVELOPMENT ORDERS BY
SIMULTANEOUSLY INCREASING AND DECREASING THE
QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE
CATEGORIES; ADDING NEW CONDITIONS; FINDING ,
THAT THESE CHANGES DO NOT CONSTITUTE
SUBSTANTIAL DEVIATIONS PER 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, and Resolution
No., 87-1149 approving 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 to accommodate
proposed new development, while there is a surplus of unused
development in the office land use category; and
98- 562
ATTACHMENTS)
t CONTAINED
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 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
98 ; -562A
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
98- 562
- �
3 �
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 Neighborhood Plan
1989-2000.
Section 5. 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.
WAW
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CITY
— - e-3 4 C �--" r,
/AAVIER L SUAREZ, MAYOR
9$- 562
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PREPARED AND APPROVED BY:
GEOROE R. SONG, I I
ASSISTANt CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
IA47�1 Lid-)
CITY
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