HomeMy WebLinkAboutR-98-0787J-98-638
6/16/98 7
RESOLUTION NO.
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 (S)
CONTAINED
CITY CONXISSION
MEETING OF
JUL211998
Aeakatoa Na
98- 70' 7
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-
98- 787
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 Resolution are 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 DRI"), 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
98- 787
Order for the Downtown DRI (Exhibit "All) are also hereby
approved.
Section 4. The proposed DCR's to the Increment I
Development Order for the Downtown DRI (Resolution No. 87-1149,
as amended), which are attached hereto as composite Exhibit "B"
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 Mayors.
PASSED AND ADOPTED this 21st day of July 1998.
JOE CAROLLO, MAYOR
v
WALTER J. FO C CLERK
APPROV AS T F CORRECTNESSr%�
CI�'�%f�TTORNEY
W-226649 :mis : GMM; JEM
` 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.
98- 787
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)-
6s595s496 3,600,000 3,700,000 13 895,4Q6
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
41400
2
(room)
4,500
500
1,100
6,100
Residential
ar-1;40
—8
(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
*Previously approved under Resolution 98-219
98- 787
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: 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)- 6r595,496 3,600,000 3,700,000 13 Q�
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
egg
3r=
(room)
4,500
500
1,100
6,100
Residential
g
.94=
(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
* Previously approved under Resolution 98-219
98- 787
PZ-22
FIRST READING
PLANNING FACT SHEET
APPLICANT City of Miami Downtown Development Authority.
HEARING DATE May 20, 1998.
REQUESTILOCATION Amendment to the Master and Increment I Development Orders of
the Downtown Miami Development of Regional Impact
LEGAL DESCRIPTION N/A
PETITION Consideration of amending the Downtown Miami Development of
Regional Impact (DRI) in order to modify the development credits
in certain land use categories by providing for a simultaneous
increase and decrease accordingly; 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: 5-0
APPLICATION NUMBER 98-025 Item *3
..................... .......................................... ........ ............................. ................. ............................................... .... .... _...... _.........................................
CITY OF MIAMI - DEPARTMENT OF PLANNING AND DEVELOPMENT
"4 SW 2ND AVENUE, 3"° FLOOR • MIAMI, FLORIDA. 33130 PHONE (305) 416-1435
Page
9 8 - 787
ANALYSIS FOR CASE NO: 98-025
Amendment to Master and Increment I Development Orders of the
Downtown Miami Development Amendment to Master and Increment I
Development of Regional Impact (DRI)
The proposed amendment to the Master and Increment I Development Orders of the
Downtown Miami Development of Regional Impact (DRI) shall allow for the
modification of development credits in certain land use categories by providing for a
simultaneous increase and decrease accordingly.
The requested change would specifically reduce the Office credits (square footage) by
2,590,909 square feet (from 6,677,277 sq. ft. to 4,086,368 sq.ft.) in order to increase the
number of Residential units permitted in Increment I by 7,000 dwelling units to 10,550
dwelling units. Also, the number of Hotel Rooms permitted in Increment I shall be
increased by 3,000 rooms, resulting in a change from 1,500 to 4,500 rooms permitted in
Increment I.
Please see the attached "Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI)" for additional information and the exchange
rates.
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 changes do 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.
98- 6
RESOLUTION PAB - 48-98
A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) IN
ORDER TO MODIFY THE DEVELOPMENT CREDITS IN CERTAIN LAND
USE CATEGORIES BY PROVIDING FOR A SIMULTANEOUS INCREASE
AND DECREASE ACCORDINGLY; 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: May 20, 1998
ITEM NO. 3
VOTE: 5-0
ATTEST:
ur es Slazyk, Assistant Di
Department of Planning and
Development
( 8 - 787
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 380.06119), FLORIDA STATUTES
Subsection 380.060 9), 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 380.060 9), 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 Regional Planning Council and to the Bureau of State Planning,
Department of Community Affairs.
(Signature)
(Date)
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
4" S.W. 2nd Avenue
Ninth Floor
Miami, Florida 33130
Phone: (305)416-1800
m
Judith A. Burke, Esq.
Shutts & Bowen
201 S. Biscayne Blvd.
Suite 1600
Miami, Florida 33131
(305) 358-6300
m
Lourdes Slazyk
City of Miami Department of
Development, Building and Zoning
444 S.W. 2nd Avenue
Third Floor
Miami, Florida 33130
Phone: (305) 416-1435
m
David S. Plummer, P.E.
David Plummer & Associates
1750 Ponce de Leon Blvd.
Coral Gables, Florida 33134
Phone: (305) 447-0900
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
98- (Or/
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 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 I:
1. The number of Residential units permitted in Increment I shall be increased by 7,000
Dwelling units, resulting in a change from 3,550 Dwelling units to 10,550 dwelling
units also permitted in Increment I.
II. Also, the number of "Hotel (Rooms)' permitted in Increment I shall be increased by
3000 rooms, resulting in a change from 1,500 to 4,500 rooms permitted in Increment I.
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 specific 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
98- 787
Response:
A copy of the Downtown DRI Status Report is attached as Exhibit 'B'.
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
8- 787
D. Resolution No. 91-698, passed and adopted by the Commission of the City of Miami,
Florida on September 261', 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 Allen; and updated
the name of the Department of Development, Building and Zoning.
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 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 I:
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 1.
5
98 - 767
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 1 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 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
6,919,550 square feet to 6,677,277 square feet of office space permitted in
Increment I.
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 % mile on a project master
site plan or other map.
6
98-- 787
Response:
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/Recreation is more than 40% 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 A
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
98- 787
Map H-Master Land Use Plan (Exhibit C) has not changed since the originally approved
development orders.
13) Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being
proposed to be deleted or added as an amendment to the development order. This
language should address and quantify:
a) All proposed specific changes to the nature, phasing, and build out date of the
development; to development order conditions and requirements; to commitments and
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 I 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;
8
98- 8
Response:
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.
Response:
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 DRI" 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 6,677,277 S.F., 1,500 rooms, and 3,550 DU, respectively.
9
9 8 - 787
Hotel Land Use Exchange
The rate of exchange between office and hotel, as established by the "Land Use Exchange
Rates for Downtown DRI" matrix is 1 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
10
98- '7af
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 = 2,446 trips
Source: Bermello Ajamil & Partners, Inc.
11
98- "76"�
Table-1
u n use txtr = MRS M OOM10M m
(per VMS 30wrc #map. "NO u atiffivite lactated)
Office
Oetail/ 00t01 1014ntiel
Waratiea
Mhalmly
110511tetle"I
Attractlem/
Orin
Service (per r.ea) (per i.e.)
hdwtHal
ascrutim
facilities
(ow seat)
x
3f 0.00am
0.000519 0.202 is13005Q
LI30 G
COUSIN
4.00132
0.00205M
LOOM
ifflca
O.000SO46
1.0000
.1.1332 LOW SAW
Sim
4.5204
OAM
0.2901
1.0005
0etall/Srsetce
e.000611
0.0572
LOW 0.0016 SAW
4.5m
3.91"
0.3932
0.2521
0.0412
Motel (per tool
0.202
337.61M
359.2100 LOINS 1.4N7
1.771.9290
1,52f.4m
IS3.O303
U.1154
317.S1M
r
atSNeatl.l (per d.u.) '
L13MM
227.3218
2i2.009 4.1673S IAA
1.193AM
1,00.6166
103.01M
K.00S2
nT,32M
c.re.tt�
0.000114
SAM
0.2197 0.0006 Low
1.0000
O.O610
9.00
LOW
O. M
yolae.la/lo/eetrlal
LOM1124
Sim
o.2S51 Lam 0.0810
1.1014 '
LOW
LISS
0.0643
0.n11
taselwlNal
0.00132
zim
2.5434 e.m115 LOW
11.5710
9.9010
1.0000
6.6e12
is
attnctlaae/Mcro.tlM
(per sail
LWOW
3.430
3.9660 0.0102 SARI
U.0500
13.5490
1.5w
1.0000
l.pb
mariet facilities
O.000Sft
I iS L
5. M
4.904
0.404
0.2901
1.0000
cc
Go
I
famula for calculation NA nl"" me
x "d y WU represent the arhr Of M Fed ftW
Exteml MW
Vehicle Trip Earls per wit of let/ use
4 ''
derived iron the ftwMw Wool A.O.A.
EXHIBIT "B"
Downtown DRI
ANNUAL STATUS REPORT - UPDATED THROUGH MARCH 19, 1998
A. Current Status of Increment I Development Credits (as indicated in Development Order amendments
through OCTOBER 1997):
Land Use
Total
Reserved with
Reserved with
Unreserved
Allowable
MUSP or CII
Building Permit or
completed
Credits
Office (GSF)
6,595,406
17,426(1)
6,158,992
8,700(8)
372,786 (9)
37,500(10)
Gov't Office
300,000
300,000
(GSF)
Retail (GSF)
1,050,000
14,052(2)
3335 (3)
943,800
4,430 (1)
7807 (4)
13,149(5)
4,605(8)
18,822 (9)
40,000 (10)
Hotel (rooms)
1,500
325 rooms (1)
627 rooms
246 rooms (9)
302 rooms (11)
Residential (units)
3,550
508 units (1)
356 units (4)
546 units
599 units (2)
297 units (3)
641 units (5)
80 units (6)
355 units (8)
128 units (7)
40 units (9)
Convention (GSF)
500,000
500,000
Wholesale/
1,050,000
1,050,000
Industrial (GSF)
Institutional
300,000
300,000
(GSF)
Attraction/
30,500
24,000 seats (10)
6,500 seats
Recreation (seats)
Marine Facilities
230,000
230,000
(GSF)
12
9 8 - 787
(1) Brickell on the River (5)
Brickell Bay Plaza
(9) Terremark Brickell II
(2) Brickell Point (6)
Olympia Building
00) American Airline Arena
(3) Fortune House
(7)
Congress Building
(11) J.W. Marriott
Hotel
(4) Yacht Club
at Brickell (8)
Yacht Club II
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)
726,845
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
98- 787
EXHIBIT "C"
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED
LAND USE CATEGORY ORIGINAL PLAN PREVIOUS D.O.
Attraction/ #Parking Spaces PLAN CHANGE +DATE
Recreation #Spectators
#Seats
Site Locadonal changes
Acreage, Including
drainage, ROW, easement, etc.
#External Vehicle Trips
D.O. conditions
ADA representations
Airports Runway (length)
Runway (strength)
Terminal (gross square feet)
# Parking Spaces
9 Gates
Apron Area (gross square feet)
Ske locational changes
Airport Acreage, including drainage,
ROW, easement, etc.
0 External Vehicle Trips
D.O. conditions
ADA representations
P 0
H
30,500
49 p.m.
peak hour
Not Applicable
3,400
7 p.m. peak hour
6,500
14 p.m. peak hour
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Hospitals d Beds Not Applicable
d Parking Spaces
Building (gross square feet)
Site locational changes
Acreage, Including drainage, ROW,
easements, etc.
* External Vehicle Trips
D.O. conditions
ADA representations
Industrial Acreage, Including drainage, ROW, Not Applicable
easements, etc.
* Parking Spaces
Building (gross square feet)
d Employees
Chemical storage (barrels and lbs.)
Site kocational changes
S External Vehicle Trips
D.O. conditions
ADA representations
Mining Operations Acreage mined (year) Not Applicable
Water Withdrawal (gal/day)
Size of Mine (acres), Including drainage,
ROW, easements, etc.
Site kocational changes
to * External Vehicle Trips
Q0 D.O. conditions
ADA representations
Off`
15
TYPE OF CHANGE
LAND USE CATEGORY
PROPOSED ORIGINAL PLAN
PLAN
Oflke Acreage, Including drainage, ROW,
6,595,406 sq. ft. 7,100,000 sq. ft.
easements, etc.
Building (gross square feet)
d Parking Spaces
0 Employees
Site locationai changes
3,348 p.m. peak hour 4,250 p.m. peak hour
d External Vehicle Trips
see Exhibit A
see Exhibit A
D.O. conditions
ADA representations
Petroleum/Chem. Storage Capacity Not Applicable
Storage (barrels and/or lbs.)
Distance to Navigable
Water (feet)
Site locational changes
Facility Acreage, including drainage,
ROW, easements, etc.
8 External Vehicle Trips
D.O. conditions
ADA representations
Ports (Marinas) 8 boats, wet storage
* boats, dry storage
Dredge and fill (cu. yd.)
Petroleum storage (gals.)
Site locatkonal changes
Port Acreage, including drainage, ROW, Not Applicable
easements, etc.
IIJO d External Vehicle Trips Not Applicable
D.O. conditions
ADA representations
PREVIOUS D.O.
CHANGE + DATE
6,919,550 sq. ft. (1991)
6,677,277 sq. ft.
(1994)
4,142 p.m. peak
(1991) &
3,397 p.m. peak
hour(1994)
16
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Residential 0 dwelling units Not Applicable
Type of dwelling units
0 lots
Acreage, including drainage, ROW,
easements, etc.
Site locational changes
0 External Vehicle Trips
D.O. Conditions
Wholesale, Retail, Acreage, including drainage, ROW, Not Applicable
Service easements, etc.
Floor Space (gross square feet)
0 Parking Spaces
0 Employees
Site locational changes
0 External Vehicle gips
D.O. conditions
ADA representations
HoteYwotel
0 Rental Units Not Applicable 1,000 rooms
Floor Space (gross square feet)
0 Parking Places
0 Employees
Ske locational changes
Acreage, including drainage, ROW
easements, etc.
0 External Vehicle Trips Not Applicable 202 p.m. peak hour
D.O. conditions
ADA representations
t
1,500 rooms
303 p.m. peak hour
17
007
TYPE Of CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
R.V. Park
Acreage, including drainage, ROW, Not Applicable
easements, etc.
S Parking Spaces
Building (gross square feet)
S Employees
Site locatlonal changes
g External Vehicle Trips
D.O. conditions
ADA representations
Open Space (All
Acreage Not Applicable
natural and vegetated
Site locational changes
non -Impervious
Type of open space
surfaces)
D.O. conditions
ADA representations
Preservation, Buffer
Acreage Not Applicable
or Special Protection
Site locational changes
Areas
Development of site proposed
D.O. conditions
ADA representations
Note: If a response Is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified
sib plan drawings. The Bureau may request additional information from the developer or his agent.
18
98- 787
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 I; FINDING THAT THESE CHANGES DO 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 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
20 gg- 787
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 , 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 1 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 DRV 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 1 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 I development orders
for the Downtown Miami Development of Regional Impact as hereinafter set forth;
IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI
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
99 7 8- 7
Section 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 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 380.06119), 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.
Section 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 "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 380.060 9), Florida Statutes (Supp.1993). These amendments are in
conformance with the Miami Comprehensive Neighborhood Plan 1989-2000.
Section 5. The attached amendments tot he Increment I development order for the
Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved.
22
98- f Car
PASSED AND ADOPTED this day of , 1997
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
98- 787
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:
Land uses
Office
(gross square feet)-
13,895,406
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 11 Increment III
Buildout- Buildout- Buildout-
Dec. 30, 1999 Dec. 30, 2005 Dec. 30, 2014
3,600,000 13,476,024
Totals
4,086,368
300,000
250,000
200,000
750,000
1,050,000
400,000
500,000
1,950,000
4,500
500
1,100
3,100
3,550
2,550
2,920
9,020
500,000
0
0
500,000
1,050,000
0
11050,000
2,100,000
300,000
0
300,000
600,000
6r=
1,600
5,000
13,400
230,000
230,000
24
Pursuant to F.S. 380.06(22) (1996), 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 5" Street and 1-395 known as "Park
Most', , as illustrated on the map in Exhibit 1 and described in Exhibit 21
I attached hereto. The Project Area contains a total of approximately 839 acres l
lof land, including approximately 78 acres currently zoned and developed as City)
1parks.
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.
380.060 987).
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
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.
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, 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 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
Project 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.380.060 91 (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
66,595,406 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
61500 30,500 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 in Increment I of the area wide
DRlas 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
DRI:
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
98- 787
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
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. 380.06(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 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.
28
&9 Q — / C7 7
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.
0. 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
98- "7S' 7
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 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 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 1 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. 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 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:
30
9 8 " 787
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.
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.
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
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 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 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 II herein be completed as identified in the current Metropolitan Planning
Organization's Transportation Improvements Program (TIP) published in June, 1987. In the
event that by December 31, 1992, the Metromover Stage 11 improvements are not
substantially under construction, as determined by Council staff, then this situation will be
33
9(S 70"7
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 shalt be
required to undergo additional Development of Regional Impact review pursuant to F.S.
380.06(19)(a)(g) and (h) (1986). 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.
1 1) 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
Use Special 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
35
PS- 787
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. 3800 987), 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
98- 787
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 he 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 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.
37
9 8 - 787
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 (DCA) in
accordance with F.S. 380.0608)(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
'- 87
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 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 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 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.380.0 987), 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
9 8 - 787
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. 380.06(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 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).
40
98- 787
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 terms of this Development
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 of this 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.
31) In the event that the city enters into an interlocal 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 impacts of the
land uses in Increment I of the Project as originally approved, as measured by total peak
hour vehicle trips. The Florida Department of Community Affairs will review and approve
such chances to Marine Facilities.
41
98- 787
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, 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 1
Increment II
Increment III
Buildout-
Buildout-
Buildout-
Land uses
Dec. 30, 1999
Dec. 30, 2005
Dec. 30, 2014
Totals
Office
(gross square feet)-
61606,406
3,600,000
3,700,000
11,304,497
4086,368
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
(room)
500
1,100
3r=
4,500
61100
Residential
(dwelling units)
3,550
2,550
2,920
QV=
10,550
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
230,000
42
98- 787
■ � � � RRRRRa a � a R � s
000
At i
CITY OF MIAMI
uOWNTOWN
FUTURE LAND USE
RRRRa1 RRRRa RRRa NET Boundary
SOURCE: City of Miami Planning and Development- revised July 1994
LEGEND
Sale F,-N Raidermu R-'�
'J�pia Radmn�i 1R-::
Ned— Dvu(ry Mun(FumM Rexaertna, R-)I
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ce (01
Raced Cp ,—w (C 1)
=.Oral :LI.,R.: 1 is-b
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g:Arcl nfo\net\dt\dtfI u 94.gra
98- 787
J-87-1108 12/10/87
RESOLUTION NO. 87-1 1 4 8 Master
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI'UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST 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 PLANNING
ADVISORY BOARD, SUBJECT'TO THE CONDITIONS OF 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 LAM; 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 TO 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.
EXHIBIT "A"
WHEREAS, on November 26, 1986, 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 (19871, 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 on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 74-87 by 6 to 2 vote, recommending approval of the Master Development
Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursua.t to F.S. 380.06 (1987) and
WHEREAS, the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
Planning Council, and each element required to be considered by F.S. 380.06
(19871; and
AT i Ar-T%
El D 1
WHEREAS, U (ty Commission determined that all re ements of notice
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 Development 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 Community 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 S. 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.
E
97-1148
9 8 - 787
PASSED AND ADOPTED this i0thday of Decemoer 1987.
XAVIER L. SUAREZ, MAYOR
ATTEST:
I'IMATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
S`'
3J L E. MAXWELL
SISTANT CITY ATTORNEY
APPROVED/AS ,10 FORM AND CORRECTNESS.
IA A. DOUGHERT1, CITY ATTORNEY
3
97-214 $8- 787
12 /14/87
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 uses and increments:
Land Uses
Increment I
Increment II
Increment III
Totals
Office
(gross square feet)
7,100,000
39'600,000
3,700,000
14,400,000
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
(rooms)
1,000
500
11100
2,600
Residential
(dwel.ling units)
3,550
2.550
21920
9,020
Convention
(gross square feet)
600,000
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
(seats)
3,400
1,600
51000
10,000
Pursuant to F.S. 380.06(22) (1987)0 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 Sth 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.
1
97-11148
48- 787
LEGAL DESCRIPTION G, ,U8JECT 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 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.
DERM: 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.
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 farilities or gross square
footage for office, goverment office, retail/service, convention,
2
i?-1148
9 - 787
wholesale/industrial or institutional uses. Land uses to be removed by
demolition of a ding or structure may be credited aga 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 Devel-opment 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 A imp 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.
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 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 catagories,
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:
,97-iIV9
9 8 - 787
A. The findin nd determinations of fact set forth i, t 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 DOA 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
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 and the DO are intended to serve as flexible guides for 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
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a living le recognizing the evolution of r--ket 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.
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
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 - 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.
0. 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.
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'CONCLUSIONS OF LAY.
That, having made the findings of fact contained above, the City
Comnission 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. 380 (1987) to make
application for development approval and receive a development order.
S. 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 achievement of the
objectives of the adopted State land development plan applicable to the
City of Miami or the Regional Plan for South Florida.
0. 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 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 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.
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2. Within 6 mon*hs of the effective date of this Development Order, adopt
and impleme.. a uniform ordinance that incorporates requirement that
Net New Developments shall mulch, spray or plant grass in exposed areas
to prevent soil erosion and minimize air pollution during construction.
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.
4. Within 6 months of the effective date 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 with the CADA, individual drainage systems must be
designed to retain at least the first one -inch of stormwater
runoff within drainage wells and exfiltration trenches.
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.
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.
d. Y^cuum sweep all parking lots of eleven or more vehicle spaces and
private roadways serving the parking lots at least once per week.
e. Both during and following construction, prevent the direct flow of
stormwater runoff (that has not been pre-treated pursuant to
Condition 4a. above) into surface waters.
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•
,5. Require Net New 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 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 1ZA-8 of the CADA comply with
these standards; provided however, that the uses in and the wastes
listed in Appendix 1ZA-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 Sc. 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.
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d. Requir 11 hazardous waste generators to contrr-' with a licensed
Public or private hazardous waste disposal ser..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.
g. 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 only 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 the following criteria:
a. does not require excessive irrigation
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b. does --t require excessive fertilizer application
c. is no. prone to insect infestation or other pi— •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.
S. 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.
9. 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
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for assessment of the potential effect on the historic property. Prior
to approve any permit for ground disturbing a, ittes related to
construction or tree removal within the archaeological zones listed in
Exhibit 4 herein, require the- applicant to contact these same two
agencies to make arrangements - to survey and assess the 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 zones in Exhibits 3
and 4 herein designated as Heritage Conservation districts under Article
16 of Zoning Ordinance 9SOO, the Zoning Ordinance of the City of Miami,
Florida, as amended.
13. For all development 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 law, to notify the Florida Department
of State Division of Archives, History and Records Management of
construction schedules, and where potentially significant historical or
archaeological artifacts are uncovered during construction, permit State
and total archeological officials to survey and excavate the site. When
required by law, delay construction for up to 3 months in any portion of
the construction site necessary to permit 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 Project Area shall be
counterbalanced by a gain in another area within the City of Miami.
is. 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.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
11
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an adequate water supply will be available to meet the needs of that
development.
17. withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate 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 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 for downtown, 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."
MONITORING, REPORTING, AND ENFORCEMENT:
19. 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 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 to begin
construction.
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120. Upon the i nce of a Certificate of Occupancy "Ir 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.
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 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 otherxise, 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 '0ate" stating the date
of the revision.
2Z. 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.
23. 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
13
.97-1148
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have been do -ed to place a requirement on the City of Miami to take any
action or ab-Ainfrom taking any action. The terms this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
24. The following regional issues as they appear in the Consolidated
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:
Maps: Map A - Location
Maps 8-1, B-2, B-3, B-4 - Aerial Photo(s)
Map C-5 - Flood Zones
Map 0-1 - 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 5: Water Quality
Question 6: Wetlands
Question 7: Flood Prone Areas
Question 8: Vegetation and Wildlife
Question 9: Historical and Archaeological Sites
Question.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 reviewed
for the total Project (extending through the year 2007) and, as
appropriate, will be required to be reviewed as each incremental portion
of the Downtown Miami DRI is submitted:
14
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- 187
Question 1: Applicant Information
Maps: Map H - Master Development
Maps J series - Transportation 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, Police, 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.
V . 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 minimum:
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
is
9'7-114A
98- 787
other nits of land uses included with' Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Appl.icant's and the City's compliance with
the conditions of approvat.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.
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. A report from DERM 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 Protect 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 Community
Affairs (DCA) in accordance with F.S. 380.06(18)(1987).
28. 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.
16
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98- 787
29. The deadline for commencing any development shall be two (2) years from
the effects._ date of this Development Order. The 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. 380.07(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 21 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
97-11.48
98- 787
completion w"'yin a reasonable time, in which event the City will give
15 days no,.,ce to the violator of its inten, t 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 ofthisparagraph
may be modified from time to time by written agreement by 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.
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 may be filed pursuant to procedures set forth in
Article 30 of Ordinance 9600, 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 DRI report and
recommendations, entitled "Development of Regional Impact Assessment for
Downtown Miami - Master", dated October 5, 1987, is incorporated herein
by reference.
34. 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 -ensigns,
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
18
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40. Upon the adoption of the local government comprehew _ plan pursuant to
F.S. 163.3161 (1985), 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
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DOWNTOWN MIAMI DRI BOUNDARY MAP
to —A 97-1148
98- 787
EXHIBIT 2
LEGAL DESC 'ION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. Sth Street and
N.W. 3rd Avenue (east side of N-S Expressway (I-95)), said point of
beginning also being the N.W. 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 West Flagler Street; thence
westerly along the centerline of said West 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/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.
15th 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 BELLA 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
VIEW as recorded in Plat Book 2 at Page 93 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
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly
along said 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 bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
21
.9i--1148
98 - 787
or,age; thence easterly along the Sala soutneriy R/W line of Claughton
Island Br+ - to the intersection with the wester'-- bulkhead line of
Claughton 1„ and, said bulkhead line being part of - - Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 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 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
Brioge (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 Bay 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 Biscayne Boulevard to the centerline of N.E. 5th
Street, thence westerly along the centerline and N.E. and N.W. 5th
Street to the point of beginning. The above described area contains
approximately 839 acres.
22
97-1148
g8-- 787
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MAP 0-2 HISTORICAL SITES
i
DOWNTOWN MASTERPLAN
(DEVELOPMENT OF REGIONAL IMPACT �� 7 _ !r_� 97-114h
Il
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MAP 0-3 ARCHEOLOGICAL ZONES
DOWNTOWN MASTER PLAN
DEVELOPMENT OF REGIONAL IMPACT
tCit a
-J14!
787
Exhibit.5
Page 2
BLWM-07-85
Page.Two
i) Describe any changes made in the proposed clan of
development, phasing, or In The rebresentaTlons contained In the
Application for Development Approval sine@ the DeveloonenT of
Regional impact received approval. Please note any actions
(substantial daterminaTlons) Taken by local government to &across
these changes.
HOT*: if a response Is to be more then one sentence. attach as
Exhibit 'A' a detailed description of seen change and copies of
the modified sits plan drawings. Exhibit 'A' should also address
The following additional items if applicable.
a) Describe changes in the plan of development or phasing
for the reporting year and for the subsequent years;
b) State any known incremental DRI ao:IlcaTlons for
d@velo:menT apprrval or recuesTs for a suzsTantlal
deviation determinaTlon That were filed in the reporting
year and To De filed CWring Tne next year;
c) Attach a copy cf any notice of the adODTlon of -a
develcamenT order or Tne subsequenT modification of an
adooTeo development order that was recorded by the
deve(ooer pursuant Tc SutseCTlOn 3B0.05(141(d), F.S.
2) Has there been a change in local oovernment jurisdiction
for s)ny DOrTion of the C'avelO9menT Since The d@VeioVmenT Order
was issued? It so. has The annexing local oovernment adopted a
new DeveioamenT of Regional Impact development order for the
project? Please provide a copy of the order adopted by "a
annexing local eovernmenr.
3) Provide copies of any revised master plans, incremental
site plans, eye., not previously submitted.
Note: If a response is TO be more than one or Two sentences,
attach as Exhibit 'o'.
4) Provide a summary comparison Of development activity
proposed and &c'ually conducted for The reporting year.
Examcie: Number of dwelling units constructed, site improve-
ments, lots sold, acres mined, gross floor area constructed,
barrels of storage capacity completed. permits odtained. eTc.
NOT@: If a response is To be more Than one sentence, aTTacn as
Exhibit 'C'.
S) Have env undeveloped tracts of land In the developmenT
(other Tr.an individual single-4vnily IcTs) been Scld TO a
ssoer:Te tvrity or osvei::er? It so. jeehtifv TracT, its size,
inc Tne :over, Please :rovide me:s wnich Snow the Tr%ZTS
involve:.
ra:T C6ver 97"1.148
6a
-- 787
Exhibit 5
Page I
BLWM-07-85
Page Three
Note: If a response Is to be more then one sentence. attach as
Exhibit '01.
6) Describe any lands purchased or optioned adjacent to the
original Development of Regional Impact site subsequent to
Issuance of the development order. Identify such land, its size,
and Intended use on a site plan and map.
Note: If a response is to be more Than one sentence, ATtaCh es
Exhibit 'E'/
7) List any substantial local, state, and federal permits
which have been obtained, applied for, or denied, during This
reporting period. Specify The agency, type of permit, and duty
for each.
Note: If a response is To be more than one sentence, attach as
Exhibit 'F'.
6) Assess the development's and local governmenT:s-
continuing compliance with any conditions of approval contained
in The DRI development order.
Note: ATTacn as Exhibit IV. (See atTacned form)
9) Provide any information that is specifically required
by the DevelopmenT Order To be included In The annual report.
10) Provide a state-tont Certifying the? ail persons have
been sent cozies o-' the annual re»rT In Conformance with
Subsections 380.06(1e) and (16). F.S.
Person comoletinc Tne -auestionnaire:
Title:
Re*resenting:
69
97-J§8 787
-87-1109
COMPOSITE EXHIBIT 'B'
12/10 /87
Increment I
RESOLUTION NO. 97--1149
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN.
PURSUANT TO AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING AN
,INCREMENT I DEVELOPMENT ORDER; APPROVING SAID
DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS QF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY
OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE
CONDITIONS OF THE INCREMENT I 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 INCREMENT I DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS
IN INTEREST; DIRECTING THE CITY CLERK TO SEND
COPIES OF 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 THE CITY'S
OBLIGATIONS UNDER 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 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 ODA jurisdiction, as legally described in the
Development Order attached hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 75-87 by 6 to 2 vote. ►+commending _approval of th Increment I
Development Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987); and
WHEREAS, the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
ATTACHMENTS
El+Ci0Sr0
7DEC
OMMISSION
MC; OF
1 []I�O'J198T
7 • -114.
98-
7 8 "7
Planning Council, and each element required to be considered by F.S. 380.06
(19871; and
WHEREAS, the City Commission determinea that all requirements of notice
ano other legal requirements for the issuance of the proposed Increment I
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 Increment I 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 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 area within the
City of Miami under the jurisdiction of the Downtown 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 of this Resolution together with Exhibit "A"
and copies of all exhibits, attachments, and written materials, including
portions of ordinances referenced in the text of the Increment 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 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
98- 787
Section 5. In the event that any portion or section of this Resolution
or the 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 Order for Downtown
-Miami (Exhibit 'A"), which shall remain in full force and effect.
PASSED AND ADOPTED this I=day of December 1997.
XAYIER L. SUAREZ; MAYOR
ATTEST:
CATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
,/309L E. MAXWELL
_4SISTANT CITY ATTORNEY
APPROVED AS IORM AND CORRECTNESS.
LUCIA A. OOUGHERT , CITY ATTORNEY
3
^-21T8 - 787
12/14 /87
Tncrewnt 1
EXHIBIT 'A'
INCREMENT I DEYELOPMENT ORDER
-NAME OF DEYELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEYELOPER. 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 uses and increments:
Land Uses Increment I Increment II Increment III Totals
Office
(gross square feet)
7,100,000
3,600,000 3,700,000 14,400,000
Government Office
(gross square feet)
300,000
250,000 200,000
750,000
Retail/Service
(gross square feet)
1.050,000
400,000 5001000
1,950,000
Hotel
(rooms)
1,000
500 1,100
2.600
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)
1,0501000
0 1,050,000
2.100,000
Institutional
(gross square feet)
300,000
0 300,000
600,000
Attractions/Recreation
(seatsl
3,400
1,600 5,000
10,000
Pursuant to F.S. 380.06(221
(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
nroperty
wi'hin the boundaries
or 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
atta-hed 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
9'7--1149
98- 787
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 ODA on November 25, 1986,
pursuant tq 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.
DERM: 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.
FOER: The Florida Department of Environmental Reg.lation.
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.
E
9g_ 787
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 dejermines 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.
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 7,100,000 gross square feet
Government Office 300,000 gross square feet
3
98- 787
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
1,050,000 gross square feet
1,000 rooms,
3,550 dwelling units
500,000 gross square feet
1.050,000 gross square feet
300,000 gross square feet
3,400 seats
0
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 confirmed.
3. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The DOA filed the ADA with the City. the Council, and the Florida
Department of Community Affairs.
0. 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.
E. The purpose c` 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
4 QQ
J V — 787
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 arga 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. 380.06(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.
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
5
�.-W .. 9 8 _ 787
approval of Increment 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 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.
Q. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places 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.
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. 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.
6
97-114 q 9 8 _ 787
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.
0. 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. Chaoges 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 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 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.
7
9^► -1.149
9 8 - 787
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, 1991, 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 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.
s
` 07--1149 9 8_ 7 S 7
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 (TCM).
b. Physical planning measures (e.g. signalization, parking area
locations, add4tion of turn lanes, etc.).
C. The continuance of monitoring for specified sub -areas.
S. 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. Suc t 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 t.;e City subsequent to review and comment by
FDER and DERM.
9
97-1149 9 "" '� 8
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 I, pay or contract to pay 57,543,419 (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 I-395
at WE 1st Avenue and WE 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. 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 $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.
B. 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
10
97-114998- 787
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. 38O.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 (TCH's) for Downtown Miami' on page 4-22(R) of the CADA. The
TCM ordinance must be zpproved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
10. 1n the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
11
98- 787
cll"_ .. 11 ,IT.,
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
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 31, 1992 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
12
97-11.4.4 98- 787
Applicant, or that the change is cleariy 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 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 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
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
13
917-114t g - 787
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 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 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 (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 31. 1992, provided that the
Applicant, or its successors and assigns, complies with paragraph 25
15
97-1149 aa 787
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 ,eriod 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 reas(,iabie 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,
16
97-11499 8 -
approvals; and services to the Parcel of Land in 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 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 (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 9SOO, the Zoning 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 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 (19871 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 Oevelopment Order. In the event that
such an individual development order is approved and becomes effective,
17
rt r1
97-1149 _ r t
the individual develooment order' shall 'ttintrol" 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
prooerty. 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 terms
of this Development 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 s subject to litigation
wherein an injunction is issued staying the enforcement of this
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.
18
9-7-1149 9 g_ 787
Exhibit 1
N.W. 17 ST. I •' 1`�%�
ui
=
uj
42
c
I' {771 i N.W. S ST. II I 1,43 O
_ FL1GLER ST MIC1 111 l
Il II I '�•
ii ✓// '�d.� VA SF
O
DOWNTOWN MIAMI DRi BOUNDARY MAP .97-1.149
' .,,w� ~ 9 — 787
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. Sth Street and
N.W. 3rd Avenue (east side of N-S Expressway (I-95))0 ;aid point of
beginning also being the N.W. 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 West Flagler Street; thence
westerly along the centerline of said West 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/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.
15th 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 BELLA 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
VIEW as recorded in Plat Book 2 at Page 93 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
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly
Alen-, said 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 bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
19
I7r'_4 1 n n 9 8- 787
Bridge; thenc sterly along the said southerly R/W a of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 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 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 Plaza Center and Miami
Center Joint Venture property; thence northeasterly along the southerly
boundary of Dupont Plaza Center and Miami Center Joint Yenture 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 Bay 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-39S 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 839 acres.
20
g7-1.149 98 - 787
Exhibit 3
Page 1
STATE OF FLC.IDA BLWM-01-85
DEPARTMENT OF COMMUNITY AFFAIRS
UIVISION OF RESOURCE PLANNING AND MANAGEMcN'T
BUREAU OF LAND AND WATER MANAGEMENT _
2571 Executive Center Circle, East
Tallahassee, Florida 32301-8244
(904) 488-4925
Subsection 380.06(16), Florida Statutes, pieces the
responsibility On the developer of an approved development of
regional impact (DRI) for submitting an annuai report to the
local government, the Regional Planning Council the Department
of Community Affairs, and to all affected permit agencies, on the
date specified in the DeveloomenT Order. The failure of a
developer to supmit the report on the date specified In the
development order may result In The temporary suspension of the
dove IoomenT order by the local government until The annual report
is submitted To The review acencias. This requirement applies To
all developments of regional impact which have been approved
since AUGUST 6, 1980. If you have any Questions aDOUT this
required razor,, call the DR Enforcement Coordinator at,
(904) 486-4925.
Please send The original completed annual report To The
desigriaTed local covernmanT official stated in the development
order with (1) cozy To each of the following:'
a) The regional :laming agency of jurisdiction:
b) All affected permitting agencies:
c) Oevision of Resource Planning and ManagemenT
Bureau of Lana and water Management
2571 Executive Center Circle_, East
Tallahassee, Florida 32301
Please format your AnAusl Status Resort after the fcrmat example
:rovided Delow.
ANNUAL STATUS REPORT
Reporting Period: to
wonTn! ay/Tear montnv ay/Year
OeveioomenT:
Name oY ORI
��oCDTion:
.,i Ty .aunty
Oevelooer: Name:
, z!nzanv name
Address:
STreeT LQCaTter.
. iTY. -TLfe. -i: t_Z_e 787
67 g07-1 1 r1 fl
Exhibit 3
Page 2
BLWU-07-85
Page Two
1) Describe any changes made In the proposed plan of
development, phasing, or In the representations contained In the
Application for Development Approval since the Deveioonent of
Regional Impact received approval. Please note any actions
(substantial determinations) taken by local government To address
these changes.
Note: If a response is to be more than one sentence, attaCh as
Exhibit 'A' a detailed description of each change and copies of
The modified site plan drawings. Exhibit 'A' should also address
The following additional items Lf appllcapie.
a) Describe changes In the plan of development or phasing
for the reporting year and for the subsequent years;
b) State any known Incremental DRI applications for
development abproval Or reCuasTs for a suZstanTlal
deviation datsrminaTlon That were filed in the reporting
year and To pe filed C:lrinq the next year;
c) Attach a copy cf any notice of the adoption of -a
development oroer or the subseousnT modifleaTion of an
adopted devel0=:nenT order That was recorded by the
deveiooar pursuant To Subsection 380.06(14)(d), F.S.
2) Has There been a chance in local gover mienT jurisdiction
for -Iny portion Of the CevelOOmenT since the developmenT order
was issued? If so, has The annexing local government adopted a,
new Develooment of Regional Impact development order for the
project? Please provide a cozy of the order adopted by the
annexing local government.
3) Provide copies of an-4 revised nester plans, incremental
site plans, etc., not previously suzm►i"od.
Note: If a response is to be more then one or two sentences,
aTTacn as Exhibit 'o'.
a) Pro ide a summary comparison of development activity
proposed and actually conducted for the reporting year.
Example: Number of dwelling units constructed, site Imorove-
menTs, lots sold, acres mined, gross floor area constructed,
barrels of storage capacity co'mpleTed, permits Obtained. etc.
NOT@: if a response is To be more Tnan one sentence. aTTacn as
Exhioit 'C'.
5) Have any undeveloped traCTs of land in The oevelo:menT
(oTner Tr.an inaividual sinole-fe-ily lots) been s=ld To a
seta"Te *nTity or navel:zer? If so, i:enTify Trav . its size,
:no The Cover. '•lease provide mess wnlch snow The TracTs
involve:.
racT o_ver ^� 9 V -- 787
FA
COMPOSITE EXHIBIT "B"
J-91-751
9/17/91
RESOLUTION NO. 9 f— 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/TERMI NATION DATE OF
INCREMENT I FROM DECEMBER 31, 1992, TO
DECEMBER 30, 1997; SIMILARLY EXTENDING THE
DATE FOR PROTECTION AGAINST DOWN20NING;
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
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, 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 COR' IAASSION
ATTACH A ANTS M=IG OF
CONTAINED sEP91— 26 698 98, 787
etOlY1l0� an,
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on July 17, 1991, following ari advertised public hearing,
adopted Resolution No. PAB 48-91 by a 8 to 0 vote, 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 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 Miami, 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 (Supp. 1990). These amendments are
-2- sz- 618_ 787
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 a
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
ATTIQ
NSA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
E. MAXWELL
CH EF ASSISTANT C Y ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
C
Q NN JON , III
ACTIN CITY ATTORNEY
JEM/db/M 480
-3-
i
XAVIER L. SUAREZ, MAYOR
91- 698 98r
8'7
Exhibit "A"
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: Rey- F--Kiiite, 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 Oowhtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses Increment I Increment II Increment III Totals
Office 6,919,550 14 219 55
(gross square feet) 7,100,90 3,600,000 3,700,000 :466 55
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 3.100
(rooms) +7009 500 1,100 2;b69
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 61500 13.100
(seats) 3T400 1,600 5,000 10,00
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 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.
91— cq..q 98— 787
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
Matthew Schwartz
AUTHORIZED AGENT OF DEVELOPER: Rey- F. Kenrie, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
i
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 6,919,550 14,219,550
(gross square feet) 3 66;89A 3,600,000 3,700,000 14,400,9GO
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 3,100
(rooms) +-.ON 500 1,100 a-1 W
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;400 1,600 5,000 10,009
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.
1
787
Exhibit B
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 Vie 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.
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.
DERM: 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.
FOER: 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,
2
91 . 9'98_ 787
Exhibit B
Increment I Development Order
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.
Project: That Project described in the "PROJECT DESCRIPTION" on Page l
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
6 919 550
gross square feet
300,000 gross square feet
1,050,000 gross square feet
1 500
rooms
3
91- 698 98-- 787
Exhibit 8
Increment I Development Order
Residential
3,550 dwelling units
Convention
560,000 gross square feet
Wholesale/industrial
1,050,000 gross square feet
Institutional
300,000 gross square feet
6,500
Attractions/Recreation
3-,496 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 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.
0. The CADA 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
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 ORI 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
4
9] - 49-S
98- 787
Exhibit 8
Increment I Development Order
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. 380.06(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.
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 10, 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
91- 698
Exhibit B
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.
Q. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places 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.
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 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.
6
9 3 --
Exhibit 8
Increment I Development Order
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).
E. Changes in Increment 1 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 March 15th, for
each sub -area.
7
91- F'10I4
8- 787
Exhibit B
Increment I Development Order
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 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 rcceptable for that sub -area.
e. Perform the monitoring required by 2a. and 2b. above as prescribed
by the policies and regulations governing GERM 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 FDER, GERM, 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.
8
" _ "59 8 _ 787
Exhibit 8
Increment I Development Order
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 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 Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER 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
FOR and DERM.
9
98 - '78"7
9 1 q 011�
Exhibit B
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 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 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. #etr 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.
1. 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 11 herein be completed as identified in
10
Exhibit B
Increment I 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)(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, 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
TCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
Exhibit B
Increment I Development Order
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
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-31, 199= 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 1 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
12
91- 698
Exhibit 6
Increment I Development Order
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 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
Oevelopment, 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
91- 5-Vg- 78'7
Exhibit 8
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 in the CADA, or
in the phasing for the reporting year and for the next year.
14
n-f 9, 8- 787
Exhibit 8
Increment I Development Order
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).
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
s�- �. 787
Exhibit B
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 Beeember 31, 199-2 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
9]- 698
98- 787
Exhibit 8
Increment 1 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 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 (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.
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
17 pp Icy (� r�
/ O t
Exhibit 8
Increment I Development Order
Application for Development Adproval 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 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 terms
of this Development 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 of this
18
91-9AR 787
Exhibit B
Increment I Development Order
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 _98 - 787
COMPOSITE EXHIBIT "B"
J-98-105
2/24/98
RESOLUTION- No. 9 S — US
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
ATTACHMENTS)
�; CONTAINED
C1TT cObmsoff
N=11NG OF
FEB 2 4 1M
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 )
RECOM ENDING 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
- 2 -
9 8 - 787
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
- 3 -
98- 219
9 8 - 787
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.
-9 zc-�' f—
VIER L SUAREZ, MAYOR
T�7
WKETEA
J. O
CITY CL RR
- 4 -
98- 787
PREPARED AND APPROVED BY:
GEORGE K: WYSONG, IV
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
INTERIM CITY
194:GKW:BSS
- 5 -
Id 9
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 GehwaEts Pa i -i a Al 1 en,
Executive Director, Downtown Development Authority and &ewe
Hems j,ourdan 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
ian l iiasa
Buildout-
nae- 3n, 1994
Buildout-
nor In- 2DAS
Buildout-
09 _ 3n-- 2nTA
Tnt. A 1 g
Office
77
3,600,000
3,700,000
13, 9;: ,'_'. 7
(gross square
6,595,406
13,895,406
feet)
Government
300,000
250,000
20.0,000
750,000
Office
(gross square
feet)
Retail/Service
11050,000
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/
6,60
1,600
5,000
13,10
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
- 1 -
Pursuant to F.S.. 380.06(22) (498:7 1997), the Project specifies
the total amount of development planned for each land use
category, but provides flexib-ility 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 Sth 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 (3987
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
2 -
98- 787
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 No_ 9696 iloon, 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.
98- 787
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.
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) (369&; L997) , 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
6,677,27q 9,995,409
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
6,508 3050Il 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
9 787
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.
POIL�06-TEIN irev• • • • • • D1166wel • - - - • • - n - _ • _ • -
• - • - - • • u - • • - • • - • • - • • • - • -
5 - 773
9 8 - 787
-.r - .- Nei.- •-
_ 11 - �7 - • _ • • - • - _ 11 - •
ll
• - _ • • • • • • • WMMML _ • - - • -
do �- - ovOT-4 IT-:401 are •- -r_ •- •-
• _ • • - _ • • • �.• 1• • .�• -lie - • -
_ u _ • - • • • • _62.Zook. _ • - •
• • • • _ 111• �11 • . - •r• - • r
- • - •r• r • 111• • - 11 - • • -
7 _
98- 787
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 GehwaFts Patricia Al 1 Pn,
Executive Director, Downtown Development Authority and Seegie
Rec es r.ourdpa G1 a _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 uses
Buildout-
nee_ io, iqj
Buildout-
nee_ in 2aos
Buildout-
nwc_ In 2al4
Tntals
Office
6 ;7
3,600,000
3,700,000
1 a, "'"' " '
(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/
6199
1,600
5,000
13,196
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
9 8 - 787
Pursuant to F.S. 380.06(22) (198-:7 1997), 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 NB/NW Sth 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 (198-7
l 997) .
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 -
98- 787
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 HQ. 3609 1innn, 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.
3 - r -W*�
9 8 -- 787
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.
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) (196; 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
, fy, 599-404
gross square feet
300,000 gross square feet
1,050,000 gross square feet
1,500 roans
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
6,590 In 900 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
- 4 -
98- 787
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.
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Exhibit "BIT
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
Increment II
Increment III
TAnd 114e4a
Buildout-
nor _ I0, 1900
Buildout-
nae_ 30, 00S
Buildout-
nec_ 10� 701A
Te%r A 1S
Office
6,-6';,
3,600,000
3,700,000
(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/
6,509
1,600
5,000
13,10
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
Pursuant to F.S. 380.06(22) (1987 19(47), the Project specifies
- 1 - 7�ry
/
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
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 of the City of Miami, Florida.
2 -
98- 787
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 Ne_ 9590 'Unnn, 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
- 3 - 9
77
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) (;698; 1997), and which shall be measured by
the following land uses:
Office A099`9,4a6 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/Industrial 1,050,000 gross square feet
Institutional 300,000 gross square feet
Attractions/Recreation 6,-sgo in 900 seats
Marine Facilities 230,000 gross square feet
4 -�
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:
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.
32 __ Tn rho Avpnt,b urrowi ne owls reannear on the s ronerty_ upein
whi r h h Ampriran i rl i n a Arana ( the " r na") will be
dpvP1nJpPd- the i v Will realli p ar thp operatnr of the
Arena C=ly with Chapter 19-27-002- F_A_C_, and abide by
all appl i rahl e pro d urea of he F1 nri da Came and Frech
Water Fish n iacinn_
5 -
98- 787
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8- 787
PZ-9
PLANNING FACT SHEET
APPLICANT City of Miami Downtown Development Authority.
HEARING DATE May 20, 1998.
REQUESTIL.00ATION Amendment to the Master and Increment I Development Orders of
the Downtown Miami Development of Regional Impact
LEGAL DESCRIPTION N/A
PETITION Consideration of amending the Downtown Miami Development of
Regional Impact (DRI) in order to modify the development credits
in certain land use categories by providing for a simultaneous
increase and decrease accordingly; 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 VOTE: 5-0
CITY COMMISSION Continued from CC 6/23/98.
APPLICATION NUMBER 98-025
- ---- -------------
Item #3
CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
Page 1
98- 787
4-
ANALYSIS FOR CASE NO: 98-025
Amendment to Master and Increment I Development Orders of the
Downtown Miami Development Amendment to Master and Increment I
Development of Regional Impact (DRI)
The proposed amendment to the Master and Increment I Development Orders of the
Downtown Miami Development of Regional Impact (DRI) shall allow for the
modification of development credits in certain land use categories by providing for a
simultaneous increase and decrease accordingly.
The requested change would specifically reduce the Office credits (square footage) by
2,590,909 square feet (from 6,677,277 sq. ft. to 4,086,368 sq.ft.) in order to increase the
number of Residential units permitted in Increment I by 7,000 dwelling units to 10,550
dwelling units. Also, the number of Hotel Rooms permitted in Increment I shall be
increased by 3,000 rooms, resulting in a change from 1,500 to 4,500 rooms permitted in
Increment I.
Please see the attached "Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI)" for additional information and the exchange
rates.
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 changes do 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.
1
9 8 - 7S- 7
RESOLUTION PAB - 48-98
A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) IN
ORDER TO MODIFY THE DEVELOPMENT CREDITS IN CERTAIN LAND
USE CATEGORIES BY PROVIDING FOR A SIMULTANEOUS INCREASE
AND DECREASE ACCORDINGLY; 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: May 20, 1998
ITEM NO. 3
VOTE: 5-0
ATTEST: — C
ur es Slazyk, Assistant Dir
Department of Planning and
Development
9 8 - 787
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 380.060 9), FLORIDA STATUTES
Subsection 380.060 9), 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 380.060 9), 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 Regional Planning Council and to the Bureau of State Planning,
Department of Community Affairs.
(Signature)
(Date)
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: (305)416-1800
m
Judith A. Burke, Esq.
Shutts & Bowen
201 S. Biscayne Blvd.
Suite 1600
Miami, Florida 33131
(305) 358-6300
m
Lourdes Slazyk
City of Miami Department of
Development, Building and Zoning
444 S.W. 2nd Avenue
Third Floor
Miami, Florida 33130
Phone: (305) 416-1435
David S. Plummer, P.E.
David Plummer & Associates
1750 Ponce de Leon Blvd.
Coral Gables, Florida 33134
Phone: (305) 447-0900
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
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 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 I:
L The number of Residential units permitted in increment I shall be increased by 7,000
Dwelling units, resulting in a change from 3,550 Dwelling units to 10,550 dwelling
units also permitted in Increment I.
II. Also, the number of "Hotel (Rooms)" permitted in Increment I shall be increased by
3000 rooms, resulting in a change from 1,500 to 4,500 rooms permitted in Increment I.
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 specific 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.
r,
98 - "78- 7
Response:
A copy of the Downtown DRI Status Report is attached as Exhibit "B".
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-
19881This 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 1 Development Order:
1) Updated the name of the authorized agent of developer to Patricia Allen; and updated
the name of the Department of Development, Building and Zoning.
2) An extension of the build out/termination date of the Increment I Development Order
from December 31, 1992 to December 30, 1997.
3i 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 I:
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.
11. 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 1.
5
98- 787
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 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 1 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;
H. 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 office space permitted in
Increment I.
8) 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 used within % mile on a project master
site plan or other map.
6 98y 787
Response:
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/Recreation is more than 40% of the
criteria in 380.0609)(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
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.
1 1) 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
(IL ))S- 7 S 7
Map H-Master Land Use Plan (Exhibit C) has not changed since the originally approved
development orders.
13) Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being
proposed to be deleted or added as an amendment to the development order. This
language should address and quantify:
a) All proposed specific changes to the nature, phasing, and build out date of the
development; to development order conditions and requirements; to commitments and
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 I 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;
8
98- 787
Response:
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.
Response:
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 6,677,277 S.F., 1,500 rooms, and 3,550 DU, respectively.
0
Hotel Land Use Exchange
The rate of exchange between office and hotel, as established by the "Land Use Exchange
Rates for Downtown DRI" matrix is 1 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
W]
98- 787
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 = 2,446 trips
Source: Bermello Ajamil & Partners, Inc.
11
9 -- "78'7
I
Table-1
um USE DMMmmFOl1mmllm
(Pet Vrsas square footepe. ucapt as odwmse 1sdicated
Office
Noun/
Service
rotol
(per raw)
eaidMNal
(per i.e.)
taereotion
mMinals/
IMustrial
l atit•tlenal
Attractleas/
Necreatlo
O !"
Facilities
(per seat)
x
it 0.000'ws
0.000S19
0.2a
Qa1360563
0.1360563
0 000114
0.00132
0.002"
Moms
Office
0.00094ls
1.0000
..1.1632
0.0030
0.0014
5.2300
4.5284
0.4614
0.2907
1.0000
6etall/sarlce
O.t00519
0.6672
1.0000
0.0026
0.0m
CNN
3.9199
0.3932
0.2521
0.6672
hotel (pa too)
0.202
337.6104
309.9100
1.0000
1.4041
1.771.9296
1,626.6169
IS3.0303
99.1154
331.5104
hesNential (per d.u.)'
0.1360663
227.32t8
262.15"
0.6735
LOW
1.193.470
1.027.6156
103.0i30
66.06S2
221.32N
tarnaatien
0.000114
0.1905
0.2197
0.00"
MOM
I.0000
0.0610
0.0"'1
6.05s4
0. NOS
Maluaie/lodustrlal
0.0001324
0.2212
0.2551
0.0001
0.0010
1.1614 `
1.0000
0.1003
0.0643
0.2212
Instltutaal
0.00132
2.LOSS
2.5434
0.Ow
0.0097
11.5709
IM"
LOOM
0.6412
2.20i
Altracttsns/McreatlM
Ipw seat)
0.0010501
3.43*
3.9665
0.0109
0.0151
16.0596
WSW
1.5597
t.000O
3.43"
0arine Facilities
0.0005985
LOW
I.M
O.00b
0-oQN
5.2500
I.S201
0.4534
0.2907
1.0000
fermia for calcolatlM VV - oxthm" rate
a aid y both represent tke amber of M teak ftr External Voter Vehicle Trip Ends per halt of land use
darlVW freot 4114 Ocyntan Kbol A.O.A:
EXHIBIT "B"
Downtown DRI
ANNUAL STATUS REPORT - UPDATED THROUGH MARCH 19, 1998
A. Current Status of Increment I Development Credits (as indicated in Development Order amendments
through OCTOBER 1997):
Land Use
Total
Reserved with Reserved with
Unreserved
Allowable
MUSP or CII Building Permit or
completed
Credits
Office (GSF)
6,595,406
17,426 (1)
6,158,992
8,700(8)
372,788 (9)
37,500 (10)
Gov't Office
300,000
300,000
` (GSF)
Retail (GSF) 1,050,000 14,052(2) 3335 (3) 943,800
4,430 (1) 7807 (4)
13,149(5)
4,605(8)
18,822(9)
40,000 (10)
Hotel (rooms) 1,500 325 rooms (1) 627 rooms
246 rooms (9)
302 rooms (11)
Residential (units)
3,550
508 units (1)
599 units (2)
641 units (5)
355 units (8)
40 units (9)
356 units (4)
297 units (3)
80 units (6)
128 units (7)
546 units
Convention (GSF) 500,000 500,000
Wholesale/ 1,050,000 1,050,000
Industrial (GSF)
Institutional 300,000 300,000
(GSF)
Attraction/ 30,500 24,000 seats (10) 6,500 seats
Recreation (seats)
Marine Facilities 230,000 230,000
(GSF)
12
98 - "76
(1)
Brickell on the River
(2)
Brickell Point
(3)
Fortune House
(4)
Yacht Club at Brickell
(5) Brickell Bay Plaza
(6) Olympia Building
(7) Congress Building
(8) Yacht Club II
B. Proposed and/or pending applications for development credits:
(9) Terremark Brickell II
(10) American Airline Arena
(11) J.W. Marriott Hotel
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)
726,845
16,955(2)
Hotel (rooms)
1,500
873 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
98 787
EXHIBIT "C" .,
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE
LAND USE CATEGORY
PROPOSED
PLAN
ORIGINAL PLAN PREVIOUS D.O.
CHANGE + DATE
Attraction/ #Parking Spaces
Recreation #Spectators
#Seats
30,500
3,400 6,500
Site Locational changes
Acreage, including
drainage, ROW, easement, etc.
#External Vehicle Trips
49 p.m.
7 p.m. peak hour 14 p.m. peak hour
D.O. conditions
peak hour
ADA representations
Airports Runway (length) Not Applicable
Runway (strength)
Terminal (gross square feet)
# Parking Spaces
# Gates
Apron Area (gross square feet)
Site locational changes
Airport Acreage, including drainage,
ROW, easement, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
ti
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Hospitals # Beds Not Applicable
# Parking Spaces
Building (gross square feet)
Site locational changes
Acreage, including drainage, ROW,
easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
Industrial Acreage, including drainage, ROW, Not Applicable
easements, etc.
# Parking Spaces
Building (gross square feet)
# Employees
Chemical storage (barrels and lbs.)
Site locations[ changes
# External Vehicle Trips
D.O. conditions
ADA representations
Mining Operations Acreage mined (year) Not Applicable
Water Withdrawal (gallday)
Size of Mine (acres), Including drainage,
ROW, easements, etc.
Site locational changes
C.0 # External Vehicle Trips
Oa D.O. conditions
ADA representations
15
TYPE OF CHANGE
LAND USE CATEGORY
PROPOSED
PLAN
ORIGINAL PLAN PREVIOUS D.O.
CHANGE + DATE
Office Acreage, Including drainage, ROW,
6,595,406 sq. ft.
7,100,000 sq. ft. 6,919,650 sq. ft. (1991)
easements, etc.
6,677,277 sq. ft.
Building (gross square feet)
(1994)
# Parking Spaces
# Employees
3,348 p.m. peak hour
4,250 p.m. peak hour 4,142 p.m. peak hour
Site locational changes
see Exhibit A
(1991) &
# External Vehicle Trips
see Exhibit A
3,397 p.m. peak
D.O. conditions
hour (1994)
ADA representations
Petroleum/Chem. Storage Capacity Not Applicable
Storage (barrels and/or lbs.)
Distance to Navigable
Water (feet)
Site locational changes
Facility Acreage, In drainage,
ROW, easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
Ports (Marinas) # boats, wet storage
# boats, dry storage
Dredge and fill (cu. yd.)
Petroleum storage (gals.)
Site locational changes
Port Acreage, including drainage, ROW, Not Applicable
easements, etc.
# External Vehicle Trips Not Applicable
OD D.O. conditions
, ADA representations
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Residential # dwelling units Not Applicable
Type of dwelling units
# lots
Acreage, including drainage, ROW,
easements, etc.
Site locational changes
# External Vehicle Trips
D.O. Conditions
Wholesale, Retail, Acreage, including drainage, ROW, Not Applicable
Service easements, etc.
Floor Space (gross square feet)
# Parking Spaces
# Employees
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Hotel/Motel # Rental Units Not Applicable 1,000 rooms 1,500 rooms
Floor Space (gross square feet)
# Parking Places
# Employees
Site locational changes
Acreage, Including drainage, ROW
easements, etc.
# External Vehicle Trips Not Applicable 202 p.m. peak hour 303 p.m. peak hour
'Do D.O. conditions
I ADA representations
lam`'
17
Off"'
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
R.V. Park
Acreage, Including drainage, ROW,
easements, etc.
# Parking Spaces
Building (gross square feet)
# Employees
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Open Space (All
Acreage
natural and vegetated
Site locational changes
non -impervious
Type of open space
surfaces)
D.O. conditions
ADA representations
Preservation, Buffer
Acreage
or Special Protection
Site locational changes
Areas
Development of site proposed
D.O. conditions
ADA representations
Not Applicable
Not Applicable
Not Applicable
Note: If a response Is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified
site plan drawings. The Bureau may request additional information from the developer or his agent.
18
r-
98- ( S
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-
84E 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 I; FINDING THAT THESE CHANGES DO 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 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
20 98- 787
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 , 1998,
following an advertised public hearing, adopted Resolution No. PAB -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 380.060 9), Florida Statutes (Supp.1996), on ,
1991, 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 I development orders
for the Downtown Miami Development of Regional Impact as hereinafter set forth;
BE IT
OF THE CITY OF MIAMI
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
98 787
Section 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 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.
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), 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 380.0609), Florida Statutes (Supp.1993). These amendments are in
conformance with the Miami Comprehensive Neighborhood Plan 1989-2000.
Section 5. The attached amendments tot he Increment I development order for the
Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved.
22
PASSED AND ADOPTED this day of , 1997
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 98 - 787
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 Sla=yk, 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)-
13,895,406
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
3,600,000 13,476,024
Totals
4,086, 368
300,000
250,000
200,000
750,000
1,050,000
400,000
500,000
1,950,000
4,500
500
1,100
3,100
3,550
2,550
2,920
9,020
500,000
0
0
500,000
1,050,000
0
1,050,000
2,100,000
300,000
0
300,000
600,000
arwo
1,600
5,000
i3ii4a
230,000
230,000
24
Pursuant to F.S. 380.06(22) (1996). the Project specifies the total amount of
development planned for each land use category, but provides flexibility for I
such development to be located anywhere within the Project Area, subject to l
local land development regulations. The Project Area includes all property I
within the boundaries of the Downtown Development Authority, with the l
{exception of that area between NE/NW 51h Street and 1-395 known as " Park I
l West" , as illustrated on the map in Exhibit 1 and described in Exhibit 21
attached hereto.
The Project Area
contains a total
of approximately 839 acres
of land, including
approximately 78
acres currently
zoned and developed as City
sparks.
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
9 8 - 787
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.
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.
FDElfi: 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, 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 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
Project 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 shall be measured by the following land uses:
Office
Government Office
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Marine Facilities
6,647,E 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
6,fa04 30,500 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 in Increment I of the area wide
DRlas 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
DRI:
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
98- 787
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
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. 380.06(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.
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.
28 98— Ir� 8y
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.
0. 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
98 - 787
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 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 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 base -line 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.
b1 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.
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.
31
9�- 787
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:
ak- 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
170— 787
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 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 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 II herein be completed as identified in the current Metropolitan Planning
Organization's Transportation Improvements Program (TIP) published in June, 1987. In the
event that by December 31, 1992, the Metromover Stage 11 improvements are not
substantially under construction, as determined by Council staff, then this situation will be
33
98-- 787
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) (1986). 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.
1 1) 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
Use Special 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
35 Q
9O - 787
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
A-0plication 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. 3800 987), 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 - 7 87
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 he
incorporated into he 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 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.
37
98 -- 7S- 7
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 (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
98- 787
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 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 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 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 Zoning Ordinance of the City of
39 06- 761
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. 380.06(15)(1987), specifying that
the Development Order runs with the land and is binding on the Applicant, its successors,
anti/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 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).
40
98 - 787
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 terms of this Development
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 of this 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.
31) In the event that the city enters into an interlocal 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 impacts of the
land uses in Increment I of the Project as originally approved, as measured by total peak
hour vehicle trips. The Florida Department of Community Affairs will review and approve
such chances to Marine Facilities.
41
98-- 787
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, 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
Buildout-
Buildout-
Buildout-
Land uses
Dec. 30, 1999
Dec. 30, 2005
Dec. 30, 2014
Totals
Office
(gross square feet)-
6159514GG
3,600,000
3,700,000
11,304,497
4086,368
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
(room)
4T=
500
1,100
3r=
4,500
6,100
Residential
(dwelling units)
345G
2,550
2,920
G,=
10,550
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
230,000
42
9�' 787
7
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CITY OF MIAMI
uOWNTOWN
FUTURE LAND USE
NET Boundary
SOURCE: City of Miami Planning and Development - revised July 1994
9" lnfjWtdtflu94.gra
J-87-1108 s7_jJ48
•RESOLUTION N0.
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI'UNOER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST 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 PLANNING
ADVISORY BOARD, SUBJECT'TO THE CONDITIONS OF 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 TO 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.
12/10 /87
Master
EXHIBIT "A"
WHEREAS, on November 26, 1986, 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 on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 74-87 by 6 to 2 vote, recommending approval of the Master Development
Order 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
Approval, the report and recommendations of the South Florida Regional
Planning Council, and each element required to be considered. by F.S. 380.06
(1987); and
!' V.Y_.a
CITY ^^--- -
I`r
1
i
8- 787
WHEREAS; the City Commission determined that all requirements of notice
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 Development 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 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 take all actions
necessary to fulfill the City's obligations under the terms of the Master
Development Order.
Section S. 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.
K
97-1148 9 8 - 7 8 ►y
PASSED AND ADOPTED this 1 Othday of December 1987.
XAVIER L. SUAREZ, MAYOR
ATTEST: 1
�iltkTTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
J L E. �MAXWELt
SISTANT CITY ATTORNEY
;APPROVED AS 0 FORM AND CORRECTNESS:
A A. DOUGHER . CITY ATTORNEY
97-114 8 - 7 87
12/14/87
Master
EXHIBIT "A"
MASTER DEYELOPMENT ORDER
NAME OF DEYELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEYELOPER: 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 uses and increments:
Land Uses Increment I Increment II Increment III Totals
Office
(gross square feet)
7,100,000
39'600,000 39700,000 149400,000
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
(rooms)
1,000
500 1,100
2,600
Residential
(dwel.ling 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
(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 NEAW
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.
1
87--i148 9 - ��
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 ODA 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 21 on page 12 herein.
Certi-ficate 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.
DERM: 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.
Major Use Special Permit: A special permit issued by the City Commission
pursuant to Ordinance 95DO, 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 farilities or gross square
footage for office, government office, retail/service, convention,
97-114b 8 - 7 87
wholesale/industria ar institutional uses. Land uses 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 impact as measured by peak hour vehicle trips.
A
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.
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 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 catagories,
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:
3
97-11" -- "! r
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
8. 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 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 ORI 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 and the DO are intended to serve as flexible guides for S- 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
9,7-114p ^ 787
a living gu,.e 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
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 - 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
97-119ffi - "7 S'
'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 DDA 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 achievement 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 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 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:
I. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations,
Ordinances and other laws.
6
97-1148
9878 7
2. Within 6 month the effective date of this Develops . 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.
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.
4. Within 6 months of the effective date 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 with the CADA, individual drainage systems must be
designed to retain at least the first one -inch .of stormwater
runoff within drainage wells and exfiltration trenches.
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.
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.
d. V^cuum sweep all parking lots of eleven or more vehicle spaces and
private roadways serving the parking lots at least once per week.
e. Both during and following construction, prevent the direct flow of
stormwater runoff (that has not been pre-treated pursuant to
Condition 4a. above) into surface waters.
7
g�- 7' 8
,5. Require Net New 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 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 12A-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
97-11n�48 r}
i7 8 - ! r
d. Require ail hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service 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.
g. 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 only 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 the following criteria:
a. does not require excessive irrigation
9
9,7-21 - 787
b. does ..,t require excessive fertilizer applict n
C. is not prone to insect infestation or other pests
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 Nest 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.
8. 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.
9. 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
9?-1148
8y "7`7
for assessmk of the potential effect on the histo, property. Prior
to approving any permit for ground disturbing activities related to
construction or tree removal within the archaeological zones listed in
Exhibit 4 herein, require the, applicant to contact these same two
agencies to make arrangements to survey and assess the 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 zones in 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 development 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 law, to notify the Florida Department
of State Division of Archives, History and Records Management of
construction schedules, and where potentially significant historical or
archaeological artifacts are uncovered during construction, permit State
and local archeological officials to survey and excavate the site. When
required by law, delay construction for up to 3 months in any portion of
the construction site necessary to permit 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 Project Area shall be
counterbalanced by a gain in another area within the City of Miami.
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.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
11
8'7-1148
an adequat., ater supply will be available to methe needs of that
development.
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 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 for downtown, 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."
MONITORING, REPORTING, AND ENFORCEMENT:
19. 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 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 to begin
construction.
12
87-1148
98 "78r7
120. 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.
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 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.
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 (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 arvong the
Council, City, and Applicant, its successors, and/or assigns.
23. 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 ;art of the
Consolidated Application for Development Approval insofar as they may
13
97--1148
�,_ 7 S7
have been seemed to place a requirement on the City _. 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.
24. _ The following regional issues as they appear in the Consolidated
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:
Maps: Map A - Location
Maps B-1, B-2, B-3, B-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 5: Water Quality
Question 6: Wetlands
Question 7: Flood Prone Areas
Question 8: Vegetation and wildlife
Question 9: Historical and Archaeological Sites
Question 12: Other Public Facilities
C. Energy
D. 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 reviewed
for the total Project (extending through the year 2007) and, as
appropriate, will be required to be reviewed as each incremental portion
of the Downtown Miami DRI is submitted:
14
787
0
Question 1: Applicant Information
Maps: Map H - Master Development
Maps J series - Transportation 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, Police, 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 minimum:
a. A complete response to each question in Exhibit 5.
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
15
97-1149
other units of land uses included within Total Allowable
Development. and the acreage zoned 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 DERM 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 Community
Affairs (DCA) in accordance with F.S. 380.06(18)(1987).
28. 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.
16
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97-1149
29. The deadline commencing any development shall be j (2) years from
the effective date of this Development Order. The termination date for
completing development shall be December 31, 2007, provided that the
Applicant, or its successors and assigns, complies with paragraph 34
herein. The termination date may only be modified in accordance with
F.S. 380.06(19)(c) (1987).
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. 380.07(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 C i ty 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
97-114fl_)S_ 78rj
completion ►,. _nin a reasonable time, in which event ne 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.
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 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 31 herein.
33. The South Florida Regional Planning Council DRI report and
recommendations, entitled "Development of Regional Impact Assessment for
Downtown Miami - Master", dated October 5, 1987, is incorporated herein
by reference.
34. 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-essigns,
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 (19871 to file an
Application for -evelopment Approval and obtain an individual
development order for property covered by this Development Order, not
18
'37-114�t 9 g _ 7 � 7
40. Upon the adoption of the local government comprehensive plan pursuant to
F.S. 163.3161 (1985). 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
97-1148
Exhibit 1
3 iI N.W. 17 ST. I r �/
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W
1: mACC ►m
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ice! '�•:
I I FLl I GLER ST
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I
DOWNTOWN iMIAMI DRI BOUNDARY MAP
10-4 97-1148
r 787
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:.
Begin at the intersection of the centerlines of N.W. Sth Street and
N.W. 3rd Avenue (east side of N-S Expressway (I-95)), said point of
beginning also being the N.W. 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 West Flagler Street; thence
westerly along the centerline of said West 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/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.
15th 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 BELLA 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
VIEW as recorded in Plat Book 2 at Page 93 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
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly
along said 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 bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
21
Bridge; thr easterly along the said southerly R line of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 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 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 Plaza Center and Miami
Center Joint Venture property; thence northeasterly along the ;outherly
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 Bay 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
H.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 Biscayne Boulevard to the centerline of N.E. 5th
Street, thence westerly along the centerline and N.E. and N.W. 5th
Street to the point of beginning. The above described area contains
approximately 839 acres.
22
97-1148
787
Exhibit 3
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MAP 0-2 HISTORICAL SITES
(DOWNTOWNIAIA�C�mA�TERP�AN
DEVELOPMENT OF REGIONAL IMPACT
Exhibit.5
Exhibit a
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l
DOWNTOWN-7mASTER PLAN'
I
DEVELOPMENT OF REGIONAL IMPACT __ - _ _ _V^i ?� .. 7 sri
Exhibit .5
Page 2
OLWM-07-85
Page Two
1) Describe any changes made in the proposed Dian of
development, phasing, or In the representations contalned in the
Application for Development Approval since the Development of
Regional Impact received approval. Please note any actions
(substantial determinations) taken by local government To address
these changes.
Note: If a response 1s to be more than one sentence, attach as
Exhibit 'At a detailed description of each chance and copies of
the modified site plan drawings. Exhibit 'A' should also address
the following additional items if applicable.
a) Describe chances in the plan, of development or phasing
for the reporting year and for the subsequent years:
b) State any known incremental DRI ap:ilcatlons for
development approval or recuesrs for a substantial
deviation determination that were filed in the repo " ino
year and To be filed Caring the next year;
c) Attach a copy of any notice of the adoption of -a
develoomenT order or the subseouenT modification of an
adopted development order that was recorded by the
developer pursuant tc Subsection 380.05(14)(d), F.S.
2) Has there been a chance in local government jurisdiction
for qny portion of the CevelobmenT since the development order
was issued? If so, has The annexing local government adopted a
new Development of Regional Impact development order for the
project? Please orovide a copy of the order adopted by the
annexino local eovernment.
3) Provide copies of any revised nester plans, incremental
site plans, etc., not previously submitted.
Note: If a response is to be more than one or Two sentences,
attach as Exhibit 'o'.
4) Provide a summary comparison of development activity
proposed and ac-ually conducted for the reporting year.
Example: Number of dwelling units constructed, site improve-
ments, lots sold, acres mined, gross floor area constructea,
barrels of storage caopcity completed, permits obtained, etc.
Note: If a resocise is to be more Than one sentence, aTTacn as
Exhibit 'C'.
5) Have env undeveloped tracts of land In the develobmenT
(other Tran individual single-fe-rily ICTs) been s=10 To a
sebar:Te enTiTy or eevel:ber? If so, i�enTifv Tract, iTs size,
ano The Zuver. Please provide maps which snow The Trac-s
involve_.
rac- cLver 97-1.148
Be M
Exhibit 5
Page 3
BLNM-07-85
Page Three
Note: If a response is to be more than one sentence, attach as
Exhibit 10'.
6) Describe any lands purchased or optioned adjacent to the
original Development of Regional Impact site suOsenusnt to
Issuance of the development order. Identify such land, its size,
and Intended use on a site plan and map.
Note: If a response is to be more than one sentence, attach as
Exhibit
7) List any substantial local, state, and federal permits
which have been obtained, applied for, or denied, during this
reporting period. Specify the agency, type of permit, and auto
for eacn.
Note: If a response is To be more Than one sentence, attach as
Exhibit 'F'.
8) Assess the development's and local governments'
continuing compliance with any conditions of approval containea
in the DRl development order.
Note: Attach as Exhibit IS'. (See attacned form)
9) Provide any information that is Specifically required
by the Development Order To be included In the annual report.
10) Provide a state-+ent certifying that all persons have
been sent copies c� the annual re»rt In conformance with
Subsections 380.06(14) and (16), F.S.
Person co-oletinc Tne -cuestionnaire:
Title:
Representing:
69
787
COMPOSITE EXHIBIT 'B" 12/10/87
J-87-1109 Increment 1
RESOLUTION NO. 97- 1 1 49
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING AN
INCREMENT I 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 PLANNING ADVISORY BOARD, SUBJECT TO THE
CONDITIONS OF THE INCREMENT I 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 INCREMENT I DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS
IN INTEREST; DIRECTING THE CITY CLERK TO SEND
COPIES OF 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 THE CITY'S
OBLIGATIONS UNDER 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 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 on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 75-87 by 6 to 2 vote, ""m mending _approval of th Increment I
Development Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987); and
WHEREAS, the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
FDEc
OMMISSION
ATTACHMENTS TING OF
1 to 1967
E���,iCJrD -- 7� 14.
Planning Council, and each element required to be considered by F.S. 380.06
(1987); and
WHEREAS, the City Commission determined that all requirements of notice
and other legal requirements for the issuance of the proposed Increment I
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 Increment I 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 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 area within the
City of Miami under the jurisdiction of the Downtown 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 of this Resolution together with Exhibit "A"
and copies of all exhibits, attachments, and written materials, including
portions of ordinances referenced in the text of the Increment 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 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
9,-214.1)8_ 78- 7
Section 5. In the event that any portion or section of this Resolution
or the 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 Order for Downtown
Miami (Exhibit "A'), which shall remain in full force and effect.
PASSED AND ADOPTED this Iday of December 19B7•
Oth
XAVIER L. SUAREZ.' MAYOR
ATTEST:
CATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
-7
/JOQL E. MAXWELL
l_6XSISTANT CITY ATTORNEY
APPROVED AS fjORM AND CORRECTNESS:
LUCIA A. DOUGHERT CITY ATTORNEY
3
12n` /87
Increment 1
EXHIBIT 'A'
INCREMENT I DEYELOPMENT ORDER
-AAME OF DEYELOPMENT: Downtown Miami
NAME OF DEYELOPER: 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.
PRbJECT DESCRIPTION:
71
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
(gross square feet)
7,100,000
3,600,000
3,700,000 14,400,000
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
(rooms)
1,000
500
1,100
21600
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
(seats)
3,400
1,600
5,D00
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
wi'hin the boundaries or 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
atta-hed 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
97-11A 7 8 `1
LEGAL fDESCRIPTION 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.
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.
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
DR1: 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 Reg, lation.
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 Oevelooment: 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.
Total Allowable Development: The quantity of Net New Development for which
I
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 E.S. 380.06(19) (1987), and which shall be
measured by the following land uses:
Office 7,100,000 gross square feet
Government Office 300,000 gross square feet
3 9 U 75 1
Retail/Service
Hotel
Residential
Convention
wholesale/Industrial
Institutional
Attractions/Recreation
1,050,000 gross square feet
1,000 rooms
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
3,400 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
fM
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 ODA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
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.
The purpose c` 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
4 9S- 7S- 7
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. 380.06(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.
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
5
98- 78-7
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 1 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 it
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. Cn 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.
7
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, 1991, 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
Envirormental 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 FDER, GERM, 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.
8
97-1149 9 8 - 7 87
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 65 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 (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.
E. 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 FOR and
DERM) prior to issuance of building permits for the particular Net
New Development. Sufi 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 t.;e City subsequent to review and comment by
FDER and GERM.
9
97-114,j S - 78 �7
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 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 I-395
at WE 1st Avenue and WE 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. 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 $7,543,419
(fair share in 1987 cellars) 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 Metromover Stage II herein be completed as identified in
the current Metropolitan Planning Organizations Transportation
10
97--1 14 9 9 8 - 787
0
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. 38O.O6(19)(a)(g) and (h),
(1986). Such additional Development df 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 42(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
11
11
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) (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 comoliance with
this Development Order and to mitigate the impacts of Total Allowable
Development.'
12. Establish December 31, 1992 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
12
`•; %-114 y
Applicant, or that the change is clearly essential to the public health;
,safety or welfare.
MONITOUMG, 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 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 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 Flori-da 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.
13 ,
97--1.149 r CS 1
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 jor 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 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
9"Or -1149 9 t2 _ "�
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).
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 31, 1992, provided that the
Applicant, or its successors and assigns, complies with paragraph 25
15
97-1149 g - 787
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 451 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 )eriod 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 reasr-iable 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,
16
approvals; and services to the Parcel of Land in 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 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 (19871, 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.
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,
17
97-114.9 �`� v
the individual devel opment -order - -sha I I ' =mrol • ' 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 terms
of this Development 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 s subject to litigation
wherein an injunction is issued staying the enforcement of this
Development Order, the City shall either, under this Development Order
or under the powers granted it by state law, be �emitted 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.
18
r
97-1149
Exhibit 1
W
Z
U
U)
0
DOWNTOWN MIAM1 DRI BOUNDARY MAP f
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.w. 5th Street and
N.W. 3rd Avenue (east side of N-S Expressway (I-95)), shid point of
beginning also being the N.N. 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 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/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.
15th 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 BELLA 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 93 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
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence north^nsterly
ale. said 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 bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
19 ;Sri
8- 7�
Bridge; thence easterly along the said southerly R/W line of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 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 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 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 Bay 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
H.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 Biscayne Boulevard to the centerline of N.E. 5th
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 839 acres.
zD 98- 78t1
9-1.149
STATE OF FLC .IOA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF LAND AND WATER MANAGEMENT
2571 Executive Center Circle, East
Tallahassee, Florida 323D1-8244
(904) 488,4925
BLWM—OT-85
Exhibit 3
Page 1
Subsection 380.06(16), Florida Statutes. places the
responsibility on the developer of an approved development of
regional Impact (DRI) for submitting an annuai report to the
local government, the Regional Planning Council the Department
of Community Affairs, and to ail affected permit agencies, on the
date specified in the Development Order. The failure of a
developer to submit the report on the'date specified in the
development order may result In the temporary suspension of the
development order by the local government until the annual report
is submitted To The review agencies. This recuiremenT applies TO
all developments of regional impact which have Dean approved
since AuQUST E, 1980. If you have any questions about this
reouirea renor-, call the DRI EnforcemenT Coordinator aT.
(9;;4) 488-492!.
Please send The original completed annual reDorT To The
designaTeo local covernmenT official stated in the developmenT
order with (1) cozy To each of the foilowine:-
a) The regional :laming a?envy of jurisdiction:
o) All affected permitting agencies:
c) Devision of Resource Planning and ManagemenT
Bureau of Land and Water Management
2571 Executive Center Circle_, East
Tallahassee, Florida 32301
Please format your AnAual Status Reoort after The fcrmaT example
provided below.
AN14UAL STATUS REPORT
Reporting Period: to
MonTn/Oayirear MonTniOayirear
DQVelOpment:
Name oT DRI
LoCaTion:
a cnTV
Deveiooer: Name:
..z^zany Name
Address:
STreeT LzcaTicn
: iTy, _-are, _,c L:._e Q 8 ^ 7 7
67^, —'i 1 r1.E1! lJ
Exhibit 3
Page 2
BLWM-07-85
Page Two
1) Describe any changes made In the proposed plan of
developmenT, phasing, or In the representations contained In the
Application for Development Approval since the Development of
Regional Impact received approval. Please note any acTions '
(substantial determinations) taken by local government To address
these changes.
Note: If a response Is to be more than one sentence, attach as
Exhibit 'A' a detailed description of each chance and copies of
The modified site plan drawings. Exhibit 'A' should also address
the following additional items If applicable.
a) -Describe chances In the plan of development or phasing
for the reporting year and for the subsequent years;
b) State any known Incremental DRi applications for
development approval or recuests for a substantial
deviation aeterminaTion That were filed in the reporting
year and To be filed curing The next year;
c) Attach a cony of any notice of the adoption of -a
developmenT order or Tne subsequenT modification of an
adopted developmenT order that was recorded by The
developer pursuant To Subsection 380.06(14)(d), F.S.
2) Has there been a chance in local eovernmenT jurisdicTlon
for qny por-lon of the CeveloDmenT since The development order
was issued? If so, has The annexing local government adootea a
new Development of Regional Impact development order for The
project? Please provide a copy of the order adopted by the
annexino local covernmenT.
3) Provide copies of any revised master plans, incremental
site plans, etc., not previously submitTea.
Note: If a response is To be more than one or two sentences,
attach as Exhibit 'E'.
e) Pro ide a summary comparison of development activity
Proposed and actually conducted for the reporting year.
Example: Number of dwelling units constructed, site improve-
menTs, lots sold, acres mined, gross floor area constructed,
barrels of storage capacity completed, permits obtained, etc.
Note: If a response is To be more Tnan one sentence, attacn as
Exhibit 'C'.
5) Have any unceveiooed tracts of land in Tne developmenT
(other Tnan incividuai single-is-ily IcTs) peen s_fd To a
seta.rate e,%Tity or level=per? If so, i�entify TraCT, its SIZE,
Lnd Tne cuver. Please provide maps WniCn snow Tne Tra=Ts
involve_.
aT rac-
FA �w
COMPOSITE EXHIBIT "B"
J-91-751 J u
9/17/91
n' I"
RESOLUTION NO. 9 f- 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/PA.RK WEST
REDEVELOPMENT AREA); BY AMENDING THE MASTER
DEVELOPMENT ORDER BY UPDATING THE. NAME OF THE
AGENT AND DEPARTMENT AND CnANGING 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 C0I112114ISSION
ATTACH N I `NTS MEETli7G OF
i CG��TA{NED SEP 26 1991
91- 69q8"" 787
t!'tQYTfQf No.
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on July 17, 1991, following ari advertised public hearing,
adopted —Resolution No. PAB 48-91 by a 8 to 0 vote, 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 3B0.06(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 Miami, 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 (Supp. 1990). These amendments are
-2- sf- 598 _ 7S7
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 a
substantial deviation and, therefore, do not require further
development of regional impact review pursuant to Subsection
3B0.06(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.
A
MA? HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
-s�
/ )/5 .
E. LMAXWELL
CH EF ASSISTANT C Y ATTORNEY
lk�
APPROVED AS TO FORM AND CORRECTNESS:
X. QN NN JON , III
ACTICITY ATTORNEY
JEM/db480
XAVIER L. SUAREZ, MAYOR
-3-
91- 698 (�Q �y8 y
7U 1
Exhibit "A"
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: Rey- 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 uses and increments:
Land Uses Increment I Increment II Increment III Totals
Office 6,919,550 14,219,550
(gross square feet) ? 1B9,098 3,600,000 3,700,000 749A;998
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 3,100
(rooms) 4-TG99 500 1,100 2;699
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 131100
(seats) 37409 1,600 5,000 10,999
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 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.
q
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
Matthew Schwartz
:AUTHORIZED AGENT OF DEVELOPER: Rey--F. K-en?ie, 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) 7,199,999 3,600,000 3,700,000 �6$
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 11500 3,100
(rooms) 4 0W 500 1,100
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 61500 13,100
(seats) 3,409 1,600 5,000 10.999
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.
1
787
Exhibit B
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 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.
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.
DERM: 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.
FOER: 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,
2
91 -. 00
............... .
Exhibit 8
Increment I Development Order
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 fs 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 Z.
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:
6,919,550
Office i{3(1 09A gross square feet
Government Office 300,000 gross square feet
Retail/Service 1,050,000 gross square feet
1,500
Hotel 4-7900 rooms
3
9 1 - 698 98 - S7
Exhibit B
Increment I Development Order
Residential 3,550 dwelling units
Convention 560,000 gross square feet
Wholesale/Industrial 1,050,000 gross square feet
Institutional 300,000 gross square feet
6,500
Attractions/Recreation 3- 498 seats
The City may permit simultaneous increases and decreases in the above
described land use categories, provided that the regional impacts of the land
u'.ses 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 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 ORI 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
4 91- 98- 7S 7
�98
Exhibit B
Increment I Development Order
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. 380.06(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 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.
5
91- 69898- 787
Exhibit 8
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 'places 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.
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 DOA 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.
sj-
Exhibit B
Increment I Development Order
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).
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 March 15th, for
each sub -area.
91- , 98- 787
Exhibit B
Increment I Development Order
—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 21F, F.A.C., within that sub -area; or
prior to March 15, 3.994 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 Departmgnt 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 FDER, DERM, the Council staff, and the City.
b. Be submitted in a detailed and comprehensive air quality analysis
to FOER and DERM for comment and review, and to the Council staff
and the City for review and approval.
8
Exhibit B
Increment I Development Order
-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 (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 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
FOR and DERM.
9
Exhibit B
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 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 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. #-ear 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. Make efforts to work closely with applicable governmental agencies to
ensure that the Metromover Stage 11 herein be completed as identified in
10
91- 59a 78
Exhibit B
Increment I 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 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 CAOA. The
TCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
z� 98-- 787
91— F44
Exhibit 8
Increment I Development Order
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. 380.05(19)(a)(g) 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 {lecember 31, 1992 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 Use Special Permit, unless the City can demonstrate that
12
9�- 69R 98- 78 7
R
Exhibit B
Increment I Development Order
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 ENFORCEMEKT:
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 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 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
91- 6 9 8 - 787
Exhibit 8
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 Apptoval 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 in the CADA, or
in the phasing for the reporting year and for the next year.
14
Exhibit 8
Increment I Development Order
— 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).
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.
15
91- 39S
98 787
Exhibit B
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 Bereembe,-31 ' 1992 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 B
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 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 6evelopment
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 Zoning 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 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
17
9 8 - 787
Exhibit B
Increment I Development Order
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 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 terms
of this Development 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 of this
I IN
Exhibit B
Increment I Development Order
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
9,81- 787
COMPOSITE EXHIBIT "B"
J-98-105
2/24/98
_ RESOLUTION NO. 9 8 - 213
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
ATTACHMENT (S)
3, .-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
2 -
Q
787
Impact; and
WHEREAS, the City Commission deems it advisable and in the
best pub'lic 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
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.
VIER L SUAREZ, MAYOR
T:
j74Zi
WALTE J. O
CITY CL RK
4 -
98- 787
PREPARED AND APPROVED BY:
GEORGE KyIWYSONG, III-
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JlQEL EDWARD MAX LL
I RIM CITY A ORNEY
194:GKW:BSS
r
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 S e`" aF a Pa ri c i_ a Allen,
Executive Director, Downtown Development Authority and die
}ed%rigue-e r,ourdes sla7yk, 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
T.and ua_Qa
Buildout-
nae, in 1999
Buildout-
nor, :n,Inng
Buildout-
Din, 2n14
To ala
Office
6-f-e:;:;, 2 :7
3,600,000
3,700,000
_' `_""' 2'77
(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/
6,500
1,600
5,000
13r4-00
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
Pursuant to F.S.. 380.06 (22) (498-"! 1 997) , 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 (438-7
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
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 No_ 9549 1100o, 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.
3 - S4-p
98 - 787
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.
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) (!98:; 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
6,677,277 61, 5,406
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
6,609 10 , 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
- 4
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:
THECITY, 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.
• • uu4 • •
• • •- --• 11 • u _•• I/ • u • -••
5 -
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98— I8
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• • - -
11 ' •
• - • - •
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•�•- • • _•• •• • •- •• • u_•_•-u-•
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• - • - - • - - • - • _ • - • n •
7 —
98- 787
Exhibit "A"
Master Development Order
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of
Miami
ALTHORI ZED AGENT OF DEVELOPER: Matthew c eh aE s Patricia Al 1 en ,
Executive Director, Downtown Development Authority and Sewie
r.orrd a S1azyk, 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
T.and uses
Buildout-
Mac_ 10, 1999
Buildout-
nor ao-2005
Buildout-
t}ec_ in- 2014
Tpt31g
Office
6, 6:;:;,-2-7
3,600,000
3,700,000
13,-9:;:7, 2:7-'
(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/
6r5$8
1,600
5,000
13,-IGG
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
787
- 1 -
4$- 2 19
Pursuant to F.S. 380.06(22) (198-7 1997), 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 NB/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 (198-: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
2 -
98- 787
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
Comsaission pursuant to Ordinance No— 9599 ii000, 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. f
S-- "78
- 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 1 herein.
Project Area: The area included within the legal description in
Exhi,bit 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:; 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
6,677,277 9,999,406
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
6,586 10,500 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
4 -
98- 787
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
conclusions of law set
Increment I of the Project
following conditions:
findings of fact and reached the
forth above, it is ordered that
is hereby approved, subject to the
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.
-•_ •��i• • M•_ • - 11 _ _ •• 1801 MOW* -
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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
Increment II
Increment III
T.and une_s
Buildout-
aen- 101999_
Buildout-
Dee_ I0, 2009
Buildout-
aec_ 30, 014
Tnt,;% 1g
Office
3,600,000
3,700,000
4:a; 9-7,T-'".
(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, SG
1,600
5,000
4-;, IGA
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
Pursuant to F.S. 380.06 (22) (1987 7997) , the Project specifies
g$- 787
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 (338-'7
l qq7)
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 of the City of Miami, Florida.
- 2 -
98 78"7
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DERM: The Metropolitan Miami -Wade 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_ 96GO 11000, 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
3 -
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
forwhich 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) (198:7 1-947) , 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, 2-77 A 995,406 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
6 59G 10 500 seats
230,000 gross square feet
98 - "78'1
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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:
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.
- 5 -
8- 787
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