HomeMy WebLinkAboutR-98-1153J-98-1032
11/16/98
RESOLUTION NO. 9 8 -115 3
A RESOLUTION, WITH ATTACHMENT (S), AMENDING
THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT ("DRI") MASTER AND INCREMENT I
DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148
AND 87-1149, ADOPTED DECEMBER 10, 1987, AS
AMENDED BY RESOLUTION NO. 91-698, ADOPTED
SEPTEMBER 26, 1991, RESOLUTION NOS. 94-849
AND 94-850, ADOPTED NOVEMBER 17, 1994,
RESOLUTION NO. 98-219, ADOPTED FEBRUARY 24,
1998, AND RESOLUTION NO. 98-787, ADOPTED
JULY 21, 1998), FOR THE AREA OF THE CITY OF
MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", BY AMENDING THE
MASTER AND INCREMENT I DEVELOPMENT ORDERS BY
DECREASING THE AMOUNT OF DEVELOPMENT CREDITS
IN THE OFFICE CATEGORY IN ORDER TO COMPLY
WITH A CONDITION OF THE DEVELOPMENT ORDER;
FINDING THAT THIS CHANGE DOES NOT CONSTITUTE
A SUBSTANTIAL DEVIATION PURSUANT TO
CHAPTER 380, FLORIDA STATUTES (1997); FINDING
THAT THIS CHANGE IS IN CONFORMITY WITH THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000; INSTRUCTING TRANSMITTAL OF COPIES OF
THIS RESOLUTION TO AFFECTED AGENCIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 decrease the square footage in
the office land use category in order to comply with a condition
CONTAINED
CITY CobwsSION
MEETING OF
NOV 17 1998
Resoluum no.
98-r1153
of a previous amendment to the Development Order (Resolution
No. 98-219) to accommodate, among other things, "Special Daytime
Events" (as defined in Resolution No. 98-219) at the American
Airlines Arena in Downtown Miami, while there is a surplus of
unused development in the office land use category; and
WHEREAS, the decrease in the aforementioned land use
category for its expressed purpose is compatible with the uses
designated for the downtown area and does not conflict with the
land use designations for the area as designated in the Miami
Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan
Map; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on September 16, 1998, following an advertised public
hearing, adopted Resolution No. PAB 66-98 by a vote of six to
zero (6-0) RECOMMENDING APPROVAL of the proposed amendments to
the Master and Increment I Development Orders for the Downtown
Miami Development of Regional Impact ("DRI") with conditions as
attached hereto; and
WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes
(1997), on September 15, 1998, the Downtown Development Authority
submitted a "Notification of a Proposed Change to a Previously
Approved DRAT, to the City of Miami, the South Florida Regional
Planning Council, and the Florida Department of Community
Affairs; and
WHEREAS, on October 27, 1998, the Miami City Commission held
a public hearing on the proposed amendments to the Master and
- 2 - 98-1153
Increment I Development Orders for the Downtown Miami DRI as
attached hereto; and
WHEREAS, the City Commission determined that all
requirements of notice and other legal requirements have been
complied with for an amendment to the Master and Increment I
Development Orders for the Downtown Miami DRI; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the public and the general welfare of the City
of Miami to amend the Master and Increment I Development Orders
for the Downtown Miami Development of Regional Impact as
hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The proposed amendment to the Master
Development Order for the Downtown Miami Development of Regional
Impact ("DRI") (Resolution No. 87-1148, as amended), does not
constitute a substantial deviation and, therefore, does not
require further development of regional impact review pursuant to
Subsection 380.06(19), Florida Statutes (1997). This amendment
is in conformity with the Miami Comprehensive Neighborhood Plan
3 -
98-i153
1989-2000.
Section 3. The attached amendment to the Master
Development Order for the Downtown Miami Development of Regional
Impact (Exhibit "All) is hereby approved.
Section 4. The proposed amendment to the Increment I
Development Order for the Downtown Miami Development of Regional
Impact (Resolution No. 87-1149, as amended), does not constitute
a substantial deviation and therefore, does not require further
development of regional impact review pursuant to Subsection
380.069(19), Florida Statutes (1997). This amendment is in
conformity with the Miami Comprehensive Neighborhood Plan 1989-
2000.
Section 5. The attached amendment to the Increment I
Development Order for the Downtown Miami Development of Regional
Impact (Exhibit "B") is hereby approved.
Section 6. Upon full execution, copies of this
Resolution and its attachments shall be transmitted by the City
Manager or his designee to: Judith A. Burke, Esq., 1500 Miami
Center, 201 South Biscayne Boulevard, Miami, Florida 33131;
Carolyn Dekle, Executive Director, South Florida Regional
Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood,
Florida, 33021; and James F. Murley, Secretary, State of Florida
Department of Community Affairs, Division of Resource Planning
and Management, 2740 Centerview Drive, Tallahassee,
4 -
98-1153
Florida, 32399.
Section 7. This Resolution shall become effective
forty-six (46) days from the date of adoption1l.
PASSED AND ADOPTED this 17th day of November , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicem apptov� .l dt
this legislation by signing it in the designated place provideci, .paid
becomes effective with the elapse often (10Xa From tha d e of Co 'ssicn aclicn
regarding same, without the Mayorexerci to.
ATTEST:
City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVEDAS- T2/FORW AND CORRECTNESS :tl
LLO
970:GMM:csk:BSS
l/ This Resolution shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
- 5 - 98-1153
EXHIBIT "A•'
Explanation of Change in Land Use Category
The Increment I development order (Res.#87-1149), page 3, allows the City to simultaneously
increase and decrease certain land uses, "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".
On November 26,1997, the Applicant filed a Notice of Proposed Change (the "November NOPC")
requesting an increase in the number of seats permitted in the Attractions/Recreation category
from 6,500 to 30,500 seats permitted in Increment I in order to permit the development of the
American Airlines Arena (the "Arena"). The November NOPC provided for a decrease in the
office use category by 81,871 gross square feet which number was arrived at by the dividing the
49 PM peak hour trips associated with the 24,000 seats needed by the office trips per square foot
provided in Table 1 attached. As part of the November NOPC approval process, the Operator of
the Arena (the "Operator"), the City, the DCA and the Applicant (hereinafter sometimes
collectively referred to as the "Parties") agreed that the decrease in unreserved credits for office
use were not sufficient to permit the Operator to hold events which start between 5:00 PM and 7:00
PM or end between 4:00 PM and 6:00 PM (the "Special Daytime Events"). The parties did agree,
and Condition No. 33 of the Development Order (the "Condition") adopted in connection with the
November NOPC states the following:
"In the event the Applicant files a future NOPC, the Development Order
issued in connection therewith will restrict the utilization of the Arena to
no more than ten (10) Special Daytime Events each year which will include
five (5) Special Daytime Events which utilize the full house (80% or more
of the 19,600 seat capacity), together with rive (5) Special Daytime Events
which utilize a limited house (between 60% and 80% of the 19,600 seat
capacity)."
The Condition further states that the future NOPC would provide for an office to
attractions/recreation transfer for the ten (10) Special Daytime Events in the amount of 318,496
square feet.
The Condition also recognizes that there would be certain peak hour traffic impacts from
employees, vendors and other personnel (the "Employees"). The Parties agreed that in the event
the Applicant files the future NOPC, the Applicant would provide for the impact of such
employees by a further reduction in the office category of 58,832 square feet. Therefore, this
Notice of Proposed Change provides for the reduction of office square footage of 404,478 square
feet (345,646 square feet for the Special Daytime Events and 58,832 square feet for Employees).
The actual number of seats permitted in the attractions/recreation category shall not be
increased. The 24,000 seats which was approved for the Arena already includes such Employees
and there is no increase in the capacity of the Arena required to hold the Special Daytime Events.
M A95 2269012 - LXC
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98-11J"3
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 11
Increment III
Buildout-
Buildout-
Buildout-
Land uses
Dec. 30, 1999
Dec. 30, 2005
Dec. 30, 2014
Totals
Office
(gross square feet)-
6;595-,466
3,600,000
3,700,000
f3;995, i96
6,190,928
13.490928
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
RetaiBervice
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(room)
1,500
500
1,100
3,100
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
Attract ions/Recreation
( seats)
30,500
1,600
5,000
37,100
Marine Facilities
= 230,000
230,000
MAW 226M2 - ucc
7TZM
25
98-11 to
PZ-4
PLANNING FACT SHEET
APPLICANT City of Miami Department of Planning and Development..
HEARING DATE September 16, 1998.
REQUEST/LOCATION 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) Master and Increment I Development
Orders by decreasing the amount of development credits in the
Office category in order to comply with a condition of the
Development Order, 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: 6-0
APPLICATION NUMBER 98-042 Item #11
.......................................................................................................................................................................................................................... •...........
CITY OF MIAMI - DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
...................................
Date:08 W2 i
0-1163
ANALYSIS FOR CASE NO: 98-042
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
404,478 square feet (from 6,595,406 sq. ft. to 6,190,928 sq.ft. in Increment I**) in order
to allow for "Special Daytime Events" (as defined in the Development Order) at the new
American Airlines Arena in Downtown Miami. This change is a specific condition
(Condition No. 33) of Resolution No. 98-219, adopted on February 24, 1998 by the City
Commission.
** Note: These figures do not include the Amendment to the DRI which
was approved by the City Commission per Resolution No. 98-787 on July
21, 1998 due to the fact that at the. time of the filing of this application,
the DCA appeal period on Resolution No. 98-787 had not yet expired and
the amendment was not yet in effect.
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 which were utilized for this application.
The Department of Planning and Development recommends approval of the proposed
amendment of the Master and Increment I Development Orders of the Downtown Miami
Development of Regional Impact (DRI), finding that the proposed change does not
constitute a substantial deviation, pursuant to Chapter 380, Florida Statutes, and that said
proposal is consistent with the Downtown Miami Master Plan and the Goals, Objectives
and Policies of the City of Miami Comprehensive Neighborhood Plan 1989-2000, as
amended.
r ya
RESOLUTION PAB - 66-98
A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI)
MASTER AND INCREMENT I DEVELOPMENT ORDERS BY
DECREASING THE AMOUNT OF DEVELOPMENT CREDITS IN THE
OFFICE CATEGORY IN ORDER TO COMPLY WITH A CONDITION OF
THE DEVELOPMENT ORDER; 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.
HEARING DATE: September 16, 1998
ITEM NO. 11
VOTE: 6-0
ATTEST -
des Slazyk, X ssistant for
Department of Planning an
Development
9 8 - i i )'3
1 , 1998
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
(904) 488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DRI be made to the local government, the regional planning agency, and the state
land planning agency according to this form.
1) I, Patricia Allen, Executive Director, authorized representative of the Downtown
Development Authority, hereby give notice of a proposed change to a previously approved
Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes.
In support thereof, I submit the following information concerning The Downtown Miami
Development of Regional Impact, which information is true and correct to the best of my
knowledge. , I have submitted today, under separate cover, copies of this completed
notificatio to The City of Miami, the South Florida Regional Planning Council and to
the Burea cif State Planning, Department of Community Affairs.
(Signaiur')
2) Applicant (name, address, phone).
Downtown Development Authority
200 South Biscayne Boulevard
Suite 1818 -
Miami, Florida 33131
Phone: (305) 579-6675
(Date)
P.'
3)
D7
Authorized Agents (name, address, phone).
Alejandro Vilarello, Esq.
City of Miami Law Department
444 S.W. 2nd Avenue
Ninth Floor
Miami, Florida 33130
Phone: (305) 416-1800
Judith A. Burke, Esq.
Shutts & Bowen
201 S. Biscayne Blvd.
Suite 1600
Miami, Florida 33131
(305) 358-6300
Lourdes Slazyk
City of Miami Planning, Building
and Zoning Department
444 S.W. 2nd Avenue
Third Floor
Miami, Florida 33130
Phone: (305) 416-1405
David S. Plummer, P.E.
David Plummer & Associates
1750 Ponce de Leon Blvd.
Coral Gables, Florida 33134
Phone: (305) 447-0900
Location (City, County, Township/Range/Section) of approved DRI and proposed change.
City of Miami
Dade County, Florida
Section 37, Township 53 South, Range 41 East
5) Provide a complete description of the proposed change. Include any proposed changes to the
plan of development, phasing, additional lands, commencement date, build out date,
development order conditions and requirements, or the representations contained in either the
development order or the Application for Development Approval.
Response:
A. The Master Development Order (Resolution No. 91-698) should be changed to
reflect a simultaneous increase in the land use category entitled
"Attractions/Recreation" and a decrease in the land use category entitled "Office
Space" provided in Increment I (See Exhibit "A" for explanation of calculations):
(i) the number of seats permitted in Attractions/Recreation shall
remain at the current level of 30,500 seats permitted in Increment
I;
(ii) Office Uses would be decreased by 404,478 gross square feet,
resultinap
g in a change from 6,595,406 gross square feet to 6,190,928
gross square feet of office space permitted in Increment L
-2-
98 53
Indicate such changes on the project master site plan, supplementing with other detailed maps,
as appropriate. Additional information may be requested by the Department or any reviewing
agency to clarify the nature of the change or the resulting impacts.
Response:
A copy of the Downtown DRI Status Report is attached as Exhibit "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 as 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 #87-1149
December 10,1987
Modifications:
C. Stipulation of Settlement, Department of Community Affairs vs. The City of
Miami and the Downtown Development Authority, State of Florida Division of
Administrative Hearings Case No. 88-1638, June 2,1988 (This settlement clarified
the meanings of Total Allowable Development, Net New Development and
Aggregate Exclusions as applied in the development orders.)
-3-
D. Resolution No. 91-698, passed and adopted by the Commission of the City of
Miami, Florida on September 26,1991, which approved the following changes to
the Master Development Order and the Increment I Development Order:
(1) Updated the name of the authorized agent of developer to Matthew
Schwartz; and updated the name of the Planning, Building and Zoning
Department.
(2) An extension of the build out/termination date of the Increment I
development order from December 31, 1992, to December 30, 1997.
(3) An extension of the date until which the City agreed that the grantees of
building permits or Major Use Special Permits for new development under
the Increment I Development Order shall not be subject to down -zoning,
unit density reduction or intensity reduction from December 31, 1992, to
December 30,1997.
(4) An extension of the deadline for completing air quality monitoring from
March 15, 1991 to March 15,1994.
(5) Extension of the time to contract for construction of transportation
improvements from four years to eight years from the effective date of the
Development Order (see condition 6 on page 10 of the Increment I
development order).
(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, resultinap
g in a change
from 7,100,000 square feet to 6,919,550 square feet of office space
permitted in Increment I.
E. Resolutions No. 94-849 and 94-850, passed and adopted by the Commission of the
City of Miami, Florida on November 17, 1994, which approved the following
changes to the Master Development Order and the Increment I Development
Order:
(1) An extension of the build out/termination date of the Increment I
development order from December 30,1997, to December 30,1999.
-4-
98-I��3
(2) An extension of the date until which the City agreed that the grantees of
building permits or Major Use Special Permits for new development under
the Increment I Development Order shall not be subject to down -zoning,
unit density reduction or intensity reduction from December 30,1997, to
December 30,1999.
(3) An extension of the deadline for completing air quality monitoring from
March 15, 1994 to March 15, 1997.
(4) Extension of the time to contract for construction of transportation
improvements from eight years to ten years from the effective date of the
Development Order (see condition 6 on page 10 of the Increment I
development order).
(5) Simultaneous increases and decreases in the proposed land uses in
Increment I:
(i) Marine Facility was added as a new land use encompassing a
230,000 square foot terminal building;
(ii) Office Uses decreased by 242,273 square feet resulting in a change
from 6,919,550 square feet to 6,677,277 square feet of off -ice space
permitted in Increment I.
F. Resolution No. 98-89, passed and adopted by the Commission of the City of
Miami, Florida on February 24, 1998, which approved the following changes to
the Master Development Order and the Increment I Development Order:
(1) Simultaneous increases and decreases in the proposed land uses in
Increment I;
(i) Attractions and Recreation Category increased from 6,500
seats to 30,500 seats;
(ii) Office category decreased by 81,871 gross square feet,
resulting in a change from 6,677,277 gross square feet to
6,595,406 gross square feet.
(2) The addition of certain conditions relating to the development and
operation of the American Airlines Arena (the "Arena"), including a
restriction on events which start between 5:00 PM and 7:00 PM or end
between 4:00 PM and 6:00 PM (the "Special Daytime Events") but
-5-
providing for approval of a specified number of such Special Daytime
Events upon the filing of an additional NOPC in the future.
(3) Providing for the submission of a parking inventory as part of the Traffic
Control Management plan to be submitted by the operator of the Arena.
(4) Providing for the formation of an Events Committee to coordinate the
scheduling of events at certain facilities located in the downtown area.
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 uses within'/z mile on a project master site plan
or other map.
Response:
Not applicable.
9) Indicate if the proposed change is less than 40% (cumulatively with other previous changes)
of any criteria listed in 380.06(19)(b), Florida Statutes.
Response:
The proposed change is 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 X
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.
10
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:
Map H-Master Land Use Plan (Exhibit Q 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 Application for Development Approval; to the acreage
attributable to each described proposed change of land use, open space, areas for
preservation, green belts; to structures or to other improvements including locations,
square footage, number of units; and other major characteristics or components of the
proposed change;
See 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;
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0 6 w 9
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.
MIA95 226890.1 - LXC
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98-I53
EXIMIT "A"
Explanation of Change in Land Use Category
The Increment I development order (Res.#87-1149), page 3, allows the City to simultaneously
increase and decrease certain land uses, "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".
On November 26,1997, the Applicant filed a Notice of Proposed Change (the "November NOPC")
requesting an increase in the number of seats permitted in the Attractions/Recreation category
from 6,500 to 30,500 seats permitted in Increment I in order to permit the development of the
American Airlines Arena (the "Arena"). The November NOPC provided for a decrease in the
office use category by 81,871 gross square feet which number was arrived at by the dividing the
49 PM peak hour trips associated with the 24,000 seats needed by the office trips per square foot
provided in Table 1 attached. As part of the November NOPC approval process, the Operator of
the Arena (the "Operator"), the City, the DCA and the Applicant (hereinafter sometimes
collectively referred to as the "Parties") agreed that the decrease in unreserved credits for office
use were not sufficient to permit the Operator to hold events which start between 5:00 PM and 7:00
PM or end between 4:00 PM and 6:00 PM (the "Special Daytime Events"). The parties did agree,
and Condition No. 33 of the Development Order (the "Condition") adopted in connection with the
November NOPC states the following:
"In the event the Applicant files a future NOPC, the Development Order
issued in connection therewith will restrict the utilization of the Arena to
no more than ten (10) Special Daytime Events each year which will include
five (5) Special Daytime Events which utilize the full house (80% or more
of the 19,600 seat capacity), together with five (5) Special Daytime Events
which utilize a limited house (between 60% and 80% of the 19,600 seat
capacity)."
The Condition further states that the future NOPC would provide for an office to
attractions/recreation transfer for the ten (10) Special Daytime Events in the amount of 318,496
square feet.
The Condition also recognizes that there would be certain peak hour traffic impacts from
employees, vendors and other personnel (the "Employees"). The Parties agreed that in the event
the Applicant riles the future NOPC, the Applicant would provide for the impact of such
employees by a further reduction in the office category of 58,832 square feet. Therefore, this
Notice of Proposed Change provides for the reduction of office square footage of 404,478 square
feet (345,646 square feet for the Special Daytime Events and 58,832 square feet for Employees).
The actual number of .seats permitted in the attractions/recreation category shall not be
increased. The 24,000 seats which was approved for the Arena already includes such Employees
and there is no increase in the capacity of the Arena required to hold the Special Daytime Events.
MLA95 226901.2 - LXC
7120/98
Ddaibit "B"
DOWNTOWN DRI
ANNUAL STATUS REPORT
UPDATED THROUGH OCTOBER 1997
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 Credits
or completed
Office (GSF) 6,677,277 17,426 (l) 6,659,851
Gov't Office (GSF) 300,000 300,000
Retail (GSF) 1,050,000 14,052(2) 3335 (3) 1,007,227
4,430 (1) 7807 (4)
13,149(5)
Hotel (rooms) 1,500 325 rooms (1) 1175 rooms
Residential (units) 3,550 508 units (1) 356 units (4) 941 units
599 units (2) 297 units (3)-
641 units (5) 80 units (6)
128 units (7)
Convention (GSF) 500,000 500,000
Wholesale/Industrial
1,050,000
1,050,000
(GSF)
Institutional (GSF)
300,000
300,000
Attraction/Recreation
6,500
6,500 seats
(seats)
Marine Facilities (GSF)
230,000
230,000
(1) Brickell on the River Project (5) Brickell Bay Plaza
(2) Brickell Point Project (6) Olympia Building
(3) Fortune House (7) Congress Building
(4) Yacht Club at Brickell
953
B_ Proposed and/or pending applications for development credits:
Land Use Total Total Reserved Pending Total Remaining
Allowable (from "A" above) applications or Credits
(as amended) planned projects
Office (GSF) 6,677,277 17,426 372,798(4) 6,240,863
8,700(2)
37,500(6)
Government
Office (GSF) 300,000 300,000
Retail (GSF)
1,050,000 42,773
200,000 (1)
726,845
16,955(3)
4,605(2)
18,822(4)
40,000(6)
Hotel (rooms)
1,500 325 rooms
246 rooms (4)
929 rooms
Residential (units)
3,550 2,609 units
355 units (2)
-203 units
749 units (3)
_
40 units (4)
Convention (GSF)
500,000
500,000
Wholesale/Industrial
1,050,000
1,050,000
(GSF)
Institutional (GSF)
300,000
300,000
Attraction/Recreation
6,500
4,880 seats (5)
-22380 seats
(sue)
24,000 seats (6)
Marine Facilities (GSF)
230,000
230,000
(1) Brickell Commons Project (in. application process)
(2) Yacht CIub II Project (application filed 9/19/97)
(3) Bayshore Palms Project (application filed 11/04/97)
(4) Terremark II (application filed 10/31/97)
(5) Performing Arts Center (in application process)
(6) American Airlines Arena (application filed 11/5/97)
R
EXHIBIT "C"
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PLAN
LAND USE CATEGORY PLAN PREVIOUS D.O.
CHANGE +DATE
Attraction/ #Parkin S
g paces
Recreation #Spectators
#Seats
Site Locational 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
# Gates
Apron Area (gross square feet)
Site locational changes
Airport Acreage, including drainage,
ROW, easement, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
0
_ P.M.
peak hour
Not Applicable
3,400
7 p.m. peak hour
30,500
63 p.m. peak
hour
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE +DATE
Hospitals # Beds
# 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,
easements, etc.
# Parking Spaces
Building (gross square feet)
# Employees
Chemical storage (barrels and lbs.)
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Mining Operations
Acreage mined (year)
Water Withdrawal (gal/day)
Size of Mine (acres), including
drainage, ROW, easements, etc.
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Not Applicable
Not Applicable
Not Applicable
-2-
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Office Acres a Incl d' d i
g , u mg ra "age, ROW,
easements, etc.
Building (gross square feet)
# Parking Spaces
# Employees
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Petroleum/Chem. Storage Capacity
Storage (barrels and/or lbs.)
Distance to Navigable
Water (feet)
Site locations) changes
Facility Acreage, including drainage,
ROW, easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
Not
Cr.3
6,190,928 sq. ft.
p.m. peak hour
see Exhibit A
see Exhibit A
Not Applicable
-3-
7,100,000 sq. ft.
4,250 p.m. peak hour
6,919,550 sq. ft.
(1991)
6,677,277 sq. ft.
(1994)
6,595,406 sq. ft.
(1998)
4,142 p.m. peak
hour (1991) &
3,397 p.m. peak
hour (1994)
3,348 p.m. peak
hour (1996)
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Ports (Marinas) # boats, wet storage
# boats, dry storage
Dredge and fill (cu. yds.)
Petroleum storage (gals.)
Site locational changes
Port Acreage, including drainage,
ROW, easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
Residential # dwelling units
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,
Service easements, etc.
Floor Space (gross square feet)
# Parking Spaces
# Employees
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Not Applicable
Not Applicable
Not Applicable
Not Applicable
-4-
TYPE OF CHANGE PROPOSED ORIGINAL PLAN
LAND USE CATEGORY PLAN PREVIOUS D.O.
CHANGE +DATE
Hotel/Motel # Rental Units
Floor Space (gross square feet) Not Applicable 1,000 rooms 1,500 rooms
# 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
D.O. conditions
ADA representations hour
R.V. Park Acreage, including drainage, ROW, Not Applicable
easements, etc.
# Parking Spaces
Building (gross square feet)
# Employees
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Open Space (All Acreage Not Applicable
natural and Site locational changes
vegetated non- Type of open space
impervious D.O. conditions
surfaces) ADA representations
Aw
T
TYPE OF CHANGE PROPOSED ORIGINAL PLAN PREVIOUS D.O.
LAND USE CATEGORY PLAN CHANGE + DATE
Preservation, Acreage Not Applicable
Buffer or Special Site locational changes
Protection 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 modifie(
site plan drawings. The Bureau may request additional information from the developer or his agent.
MIA95 203512.2 - LXC
7/20198
��.
-6-
�m,
P �.
EXHIBIT "E"
RESOLUTION NO.98-
A RESOLUTION, WITH ATTACHMENTS, 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 94-849 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 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
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 ,
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 380.06(19), Florida Statutes (Supp. 1993), 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; 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 complied with for an amendment to the Master and Increment
I development orders for the Downtown Miami Development of Regional Impact; and
WHEREAS, the City Commission deems it advisable and in the best public interest,
and the general welfare of the City of Miami to amend the Master and Increment I
development orders for the Downtown Miami Development of Regional Impact as hereinafter
set forth;
NOW THEREFORE, 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 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 conformity with the Miami Comprehensive
Neighborhood Plan 1989-2000.
Section 3. The attached amendments to the Master development order for the
Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved.
Section 4. The proposed amendments to the Increment I development order for the
Downtown Miami Development of Regional Impact (Resolution No. 87-1149), 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
-2-
pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1993). 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.
PASSED AND ADOPTED this day of , 1998
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
MIA95 149942.1 - LIM
7rzo/9s(1)
-3-
JOSEPH CARROLLO, MAYOR
98- i
Exhibit "A"
Master Development Order
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown. Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development
Authority and Lourdes Slazyk, Assistant Director, City of Miami Planning, Building and Zoning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year
2014, including the following land uses and increments:
Increment I
Increment II
Increment III
Buildout-
Buildout-
Buildout-
Land uses
Dec. 30. 1999
Dec. 30, 2005
Dec. 30, 2014
Totals
Office
(gross square feet)-
6;595-,486
3,600,000
13,476,024
13;895;406
6,190,928
13.490928
Government Office
(gross square feet)-
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
11050,000
400,000
500,000
1,950,000
Hotel
(room)
1,500
50o
1,100
3,100
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
Attract ions/Recreation
( seats )
30,500
1,600
5,000
37,100
Marine Facilities
230,000
230,000
�?C3� y)'J
Pursuant to F.S. 380.06(: J987), 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:
A]2A 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.
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.
3
Net New Development: Any construction or reconstruction which will result in a net
increase, within any "Parcel of Land", of residential dwelling units, hotel rooms, seats in
attractions/recreation facilities or gross square footage for office, government office,
retail/service, convention, wholesale/industrial or institutional uses. Land uses to be
removed by demolition of a building or structure may be credited against the proposed new
land uses for purposes of calculating the net increase, if the Planning Director determines
that there was a valid Certificate of Occupancy existing on the effective date of this
Development Order for the land uses to be demolished. If a change of land use is proposed,
the Planning Director may credit the prior land use against the proposed land use based
upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity
which has on the effective date of this Development Order a valid building permit or any
currently effective development order shall not be included as Net New Development. The
Planning Director may exclude from Net New Development any small development under
10,000 square feet in floor area, if he finds that such development would have no regional
impact as measured by peak hour vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such definiteness that
its location and boundaries may be established, and which is designated by its owner or
developer as land to be used or developed as a unit or which has been used or developed as
a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein.
Project Area: The area included within the legal description in Exhibit 2.
4
9� I�3
Total Allowable Development: The quantity of Net New Development for which Certificates
of Occupancy may be issued under the terms and conditions of this Development Order,
together with the applicable Master Development Order, as may be modified pursuant to F.
S. 380.06(19) (1987), and which shall be measured by the following land uses:
Office
Government Office
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Marine Facilities
6,595;406 6,190,928 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
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 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
Proj ect:
5
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.
A The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987) authorizing
a downtown development authority to apply for development approval and receive a
development order for any or all of the area within its jurisdiction. Individual
developments are not identified or required to be identified in the CADA.
E. The purpose of the CADA is to identify and assess probable regional impacts and to
obtain approval for Total Allowable Development in accordance with the general
guidelines set forth in this Development Order and the CADA. The concept is to
recognize the Project Area as a single area of high intensity development and to focus
the DRI review process primarily on the impacts that Total Allowable Development
within the area will have on land, water, transportation, environmental, community
services, energy and other resources and systems of regional significance. The
CADA seeks a single DRI review process for overall phased development of the
downtown area rather than requiring each individual DRI scale development within
the downtown area to file for separate DRI reviews.
F. Development within the Project Area is expected to continue to be accomplished over
an extended period of time by a variety of developers, which may include the City.
These developers may respond to market demand and technologies that can only be
estimated in the CADA. The CADA is intended to serve as a flexible guide to
planned development of 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
N.
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).
L 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.
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.
I.. 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.
O. 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.
Q. Increment I of the Project will efficiently use necessary public facilities.
R Increment I of the Project will include adequate mitigative measures to assure that it
will not adversely effect the environment and natural resources of the City.
7
S. Increment I of the Project will not adversely affect living conditions in the City.
T. Increment I of the Project will not adversely affect public safety.
U. 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.
C. Increment I of the Project does not unreasonably interfere with the achievement of
the objectives of the adopted State land development plan applicable to the City of
Miami and the Regional Plan for South Florida
D. Increment I of the Project is consistent with the report and recommendations of the
South Florida Regional Planning Council and does not unreasonably interfere with
any of the considerations and objectives set forth in F.S. 380 (1987).
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of law set forth
above, it is ordered that Increment I of the Project is hereby approved, subject to the
following conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY
ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL
ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF
THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER
DEVELOPMENT ORDER AND SHALL:
8
e7�� It's
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.
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 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:
4
a. Be limited to no more than ten (10) intersections to be selected from among
the intersections projected in the DADA to operate at level of service E or F.
The intersections shall be selected jointly by FDER, DERM, the Council staff,
and the City.
b. Be submitted in a detailed and comprehensive air quality analysis to FDER
and DERM for comment and review, and to the Council staff and the City for
review and approval.
C. Include proposed changes to air quality monitoring as justified by the air
quality modeling analysis.
4. If the results of the air quality modeling study, as described in paragraph 3 above,
are more than 85 percent but less than 100 percent of the State standards for CO
concentrations, implement an air quality monitoring and abatement program
following approval of the report pursuant to 3b above. The monitoring and
abatement program, including a time frame for implementation, must be approved
by the Council staff and 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. signaaation, 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
10
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.
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. S`'V 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. 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 S7,543,419 (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.
11
S. Make efforts to work closely with applicable governmental agencies to ensure that
the Metromover Stage II herein be completed as identified in the current
Metropolitan Planning Organization's Transportation Improvement Program (TIP)
published in June, 1987. In the event that 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 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
12
r t�
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, 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 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
13
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 Iimits 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.
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.
14
�c�—: 110A
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, 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
15
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 neat 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)(cl(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.
16
ss-it �3
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 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
17
A
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 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
18
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 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 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.
The Florida Department of Community Affairs will review and approve such
19
R r r' ' %
6-1103
chances to Marine Facilities.
32. In the event burrowing owls reappear on the property upon which the American Airlines
Arena (the "Arena") will be developed, the City will require that the operator of the
Arena comply with Chapter 39-27-002, F.A.C., and abide by all applicable procedures of
the Florida Game and Fresh Water Fish Commission.
33. The following conditions relate to the American Airlines Arena:
a. This Development Order does not currently authorize the operator of the
Arena (the "Operator") to hold events which start between 5:00 p.m. and
7:00 p.m. or end between 4:00 p.m. and 6:00 p.m. (the "Special Daytime
Events"). However, the Applicant, the City and the Department of
Community Affairs ("DCA") recognize that a surplus of development credits
for office use is currently approved under this Development Order in
sufficient quantities to offset the peak hour impacts related to such Special
Daytime Events. As"identified in Exhibit B to the Notice of Proposed Change
dated November 26, 1997, a total of 6,659,851 square feet of unreserved
credits for office use now remain. In the event the Operator desires to hold
Special Daytime Events in the future, the Applicant shall submit an
additional Notice of Proposed Change during Increment I (the "Future
NOPC") which willspecify the maximum number of annual Special Daytime
Events that will be authorized to be held in the Arena, with concomitant
reductions in office use to ensure that p.m. peak hour trip generation shall not
increase.
b. The Applicant, the City, the DCA and the Operator have agreed upon the
impact created by the Special Daytime Events and the related Land Use
transfers required to mitigate those impacts. In the event the Applicant files
NVI
the Future NOPC the development order issued in connection therewith will
restrict the utilization of the Arena to no more than ten Special Daytime
Events each year, which will include five Special Daytime Events which utilize
the full house (90% or more of the 19,600 seat capacity), together with five
Special Daytime Events which utilize a limited house (between 60% and 80%
of the 19,600 seat capacity). Those ten Special Daytime Events will create
peak hour traffic volumes which necessitate a land use transfer between office
and attractions/recreation. Such a transfer would be calculated in proportion
to the number of days these events occur during the year. The Special
Daytime Events which utilize over 80% seat capacity average 15,680
spectators and the Special Daytime Events which utilize between 60% and
80% seat capacity average 11,760 spectators. The office to
attractions/recreation transfer shall be based proportionately upon the total
number of weekdays to the traffic for the ten Special Daytime Events and the
transfer would be 318.496 square feet.
C. In conjunction with the filing of the Future NOPC, the City will require the
Operator to submit a Special Daytime Event Traffic Plan (the "Special
Daytime Plan") six (6) months prior to the expected date for the issuance of a
Certificate of Occupancy for the Arena. The Special Daytime Plan will be
provided by the Operator, in addition to the traffic control management plan
[which will include the handling of all other events that do not impact p.m.
peak hours] required pursuant to condition 18 of the Major Use Special
Permit Development Order for the Arena. The Special Daytime Plan will
recognize the different traffic characteristics in the daytime, such as a
possibility of higher transit ridership and a large number of patrons already
in the Downtown area. The Special Daytime Plan will also identify parking
available to patrons during the daytime hours which, most likely, will place
the vehicles a further distance from the Arena. The Special Daytime Plan will
also address the following issues: (i) Special Event Lane Reassignments; (ii)
21
Police Control of Intersections, (iii) Police Control of Ramp Terminals; (iv)
Signalization Overrides; (v) On -Street Parking Removals; (vi) Reversible
Traffic Lanes; (vii) Unbalanced Traffic Lanes; (viii) Signing Improvements;
(ix) Shuttle Services (convenient headways throughout the patron stay); (x)
Transit/High Occupancy Vehicles; (xi) Access and Parking Information; and
(xii) Other Transportation Modes. No additional traffic studies will be
required in connection with the filing of the Future NOPC.
d. It is also understood that events beginning after 7:00 p.m. will result in
certain peak hour traffic impacts from employees, vendors and other
personnel (the "Employees"). The Applicant, the City, the DCA and the
Operator have agreed that with the Employees added to the non-event day
volume (using actual Employee characteristics instead of the standard rated
in the conversion matrix), the office transfer would be an additional 58,832
square feet for 58 weekday evening events each year proportioned to 250
office days per year.
e. In the event the Applicant files the Future NOPC, the Applicant agrees to
provide for the impact of such Employees by an additional transfer from
office to attractions/recreation. On non-event days, this Development Order
provides for a reduction in the office category of 81,871 square feet.
Therefore, if the Future NOPC is filed, it will contain a total office to
attractions/recreation land use transfer of 377,328 square feet.
f. This Development Order authorizes the utilization of the Arena for ten (10)
Special Daytime Events each year, which includes five (5) Special Daytime
Events which utilize full house (80% or more of the 19,600 seat capacity) and
five (5) Special Daytime Events which utilize a limited house (between 60%
and 80% of the 19,600 seat capacity). The addition of this Condition 33 f.
shall eliminate Conditions 33 a. and 33 b. above and shall be considered
official confirmation that the provisions of Conditions 33 d. and 33 e. above
have been complied with.
22
SS 5'
g. This Development Order authorizes the utilization of the Arena for
one hundred thirty (130) "Weekday Events" each year. The term
Weekday Events shall include any event for more than 1,000 patrons
which is held Monday through Friday, excluding events that are held
on legal holidays. In calculating the number of Weekday Events
permitted under this Development Order, any event which includes
more than 1,000 patrons, but less than 8,000 patrons, shall be
considered as one half (1/2) of an event for purposes of calculating the
130 Weekday Events permitted each year.
h. In the event the Operator desires to utilize the Arena for more than
the 130 Weekday Events in any year and the Applicant files a further
NOPC to permit such additional Weekday Events, the Operator shall
provide written notification to the Director of the Miami -Dade County
Public Works Department. Such notice is provided in order to permit
said Department to have input into the NOPC approval process and to
review whether impact fees under the Miami -Dade County Road
Impact Fee Ordinance will be assessed in connection with the
requested increase.
34. The City shall require that the Operator submit a parking inventory as part of the
traffic control management plan required to be submitted under the Major Use
Special Permit for the Arena (the "Parking Inventory"). The Parking Inventory will
identify the location of not less than 7,500 parking spaces guaranteed to be available
for parking for events at the Arena (the "Guaranteed Spaces"). The Operator shall
be permitted to submit a modification to the Parking Inventory on an annual basis,
which modification must be approved by the City Commission. The modification,
which must be submitted to the Planning Department of the City, shall confirm that
the minimum number'of Guaranteed Spaces are being provided. The Operator will
have the obligation to insure that the Guaranteed Spaces will be available each and
every year during the first ten (10) years of operation of the Arena. The Guaranteed
23
Spaces will be located within a reasonable proximity to the Arena. The on -site
parking will be considered part of the required Guaranteed Spaces. The traffic
control management plan will also address issues relating to shuttle services for the
Arena in conjunction with shuttle initiatives being studied by the Applicant. The
Operator agrees to submit interim reports on the status of the traffic control
management plan to the City Manager at six (6) month intervals, until such time as
the plan has been approved by the City Commission. It is understood that the traffic
control management plan must be submitted for City Commission approval at least
six (6) months prior to the issuance of the temporary certificate of occupancy for the
Arena.
35. The Applicant shall form and chair a committee to act as coordinator of events in the
Downtown area (the "Events Committee"). Specifically, the Events Committee shall
use its good faith efforts to coordinate the scheduling of events, with a special focus
on traffic and parking related issues, at the following facilities: (i) American Airlines
Arena; (ii) the Performing Arts Center; (iii) Bayfront Park; (iv) the Miami Arena;
(v) Bayside Specialty Center; and (vi) the Miami Gambling Ship (collectively the
"Facilities"). The Applicant shall require that each of the Facilities appoint a
representative to sit on the Committee and shall use its best faith efforts to ensure
that the representatives participate in the scheduling of events.
24
9 8 - I
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
Buildout-
Buildout-
Buildout-
Land uses
Dec. 30. 1999
Dec. 30, 2005
Dec. 30, 2014
Totals
Office
(gross square feet)-
6;595,-496
3,600,000
3,700,000
f3;895,496
6,190,928
13.490.928
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)
1,500
500
1,100
3,100
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
Attract ions/Recreation
( seats)
30,500
1,600
5,000
37,100
Marine Facilities
= 230,000
230,000
to "5 226=2 - LXC
720W
25
1.
1
J-98-105
2/24/98
RESOLUTION NO. 9 8- 2 10
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
INCREMENNT 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)
... COMTAIXEO
aw
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
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 -
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
- 4
PREPARED AND APPROVED BY:
6 /
'
GEOR E K.YWYSONG, I I
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY
194 : GM
9 8 - I I �3
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 SehwaLets Pa ric-ia Allan,
Executive Director, Downtown Development Authority and Seegie
RedFlsues Tmou-rdamm al 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
Lane]
Buildout-
np�iQ- 1-UR
Buildout-
nrnin, nns
Buildout-
non_ in- 20A
TrirA
Office
3,600,000
3,700,000
12?'?, 2:
(gross square
6,595,406
13,695,406,
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/
6,600
1,600
5,000
1-3, 1GG
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
0 Y
Pursuant to F.S. 380.06 (22) (96987 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 NE/NW Sth Street and I-39S
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
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
- 1`3
2 -
Authority of the City of Miami, Florida.
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— 9600 1iO0e, 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 -
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) (96967 191a7) , and which shall be measured by
the following land uses:.
Office fr, 6�r fi„s99,a06
• gross square feet
Government Office
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Marine Facilities
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
6,59a 3Q+SOQ 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 8 - 3
- 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:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY
ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL
ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF
THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER
DEVELOPMENT ORDER AND SHALL:
1. Require all development pursuant to -this Development Order
to be in accordance with applicable building codes, land
development regulations, ordinances and other laws.
•�A•1-a •1•I•r■OMM•1.11
•�aIna t=aiL1•t=lMr a MWEr VA am a
1m••rrt:an
4141or_ 444 �*JMII�Olzr-- 1.� 4 Iola ad* _'1IMOMM4=.d• 1•• mom=
• • •- u_j r• a_ - •-
Exhibit "A"
Master Development .Order
MASTER DEVELOPMENT ORDER
NAME OF.DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of
Miami
AUTHORIZED AGENT OF DEVELOPER: Matthew Sehwarts Pat-v ;a AllAnt
Executive Director, Downtown Development Authority and Sesg#e
HedlEigmes r.otrdeg clazyk, 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.sind nman
Buildout-
Dan_ in, i M
Buildout-
&_ in- 2nnS
Buildout-
nec_ 'An, 2e74
Tnt, Ala
office
6, 6;;, 2;:7
3,600,000
3,700,000
1a 9;; ^'"
(gross square
6,595,401
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'-6G
1,600
5,000
1:3, 108
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
Pursuant to F.S. 380.06(22) (398-'; 1241), 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.
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 (96387
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
gc��Qp3
Authority of the City of Miami, Florida.
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.
FDBR: The Florida Department of Environmental Regulation.
Major Use Special Permit: A special permit issued by the City
Commission pursuant to Ordinance No. 3588 linen, 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 -
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) (9698-; 1-997) , and which shall be measured by
the following land uses:
Office 9,,595, 409
gross square feet
Government Office
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Marine Facilities
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
6,590 3A,5nA 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
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, PURSM%NT TO THE TERMS AND CONDITIONS OF
THIS DEVELOPMENT ORDER TOGETHER WITS THE ATTENDANT MASTER
DEVELOPMENT ORDER AND SHALL:
1. Require all development pursuant to this Development Order
to be in accordance with applicable building codes, land
development regulations, ordinances and other laws.
�.- - - .--
a— This nPyPin=Pnt Order do s not t""r n 1Y autharize the
o hP Artana (the "On ra or"1 to hold PvPnts
s
which at —art h t Pen S o n m;and 7- n n o m (� Qor Pnld
d V r l e 3
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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
j.mn2l iina-a
Buildout-
nan- ig, 1999
Buildout-
c_ 1n, 260E
Buildout-
nec_ In, 2014
Tot. ala
Office
3,600,000
3,700,000
13,9'.'.,2'"
(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/
1,600
5,000
13,IG9
Recreation
30,500
37,100
( seats )
Marine
230,000
230,000
Facilities
Pursuant to
F.S. 380.06(22)
(.196:; 1997),
the Project
specifies
0
a
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 Sd3JBCT 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
132Z) .
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. �))
# — 3
2 -
DERM: The Metropolitan Miami --Dade County Department of
Environmental Resources Management.
Development Credits: The individual units of land uses included
within Total Allowable Development, as measured by square footage
or number of dwelling units, hotel rooms, or seats.
FDER: The Florida Department of Environmental Regulation.
Major Use Special Permit: A special permit issued by the City
Commission pursuant to Ordinance Na- 9690 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 -w*ter
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) (96987 ]„327), and which shall be measured by
the following land uses:
Office 6, 6;;,fig, 409 gross
square feet
Government Office
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Marine Facilities
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,-5a4 In,soo seats
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.
•. - •. ...
ZIM.-- I.
• - - • . • • - - . - - • . - • . -
•_ •ni• . �1•_ • - 11 _ •• • •- •
- 5
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• • - _ • • u - • • - _ • - • • • - _ •
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- • I 09=4zjl--*1 dio)tololl age no)• tz4o = iroww'U1110• - • _ • -
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a 0 J ..1 ej
- 8 -
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF h Ahfl )
I, WALTER J. FOEMAN, City Clerk of the City of Mari, Florida, and
keeper of the records thereof; do hereby certify that the attached and foregoing pages numbered
1 through 29 inclusive, constitute a true and correct copy of a Resolution with attachments
passed and adopted by the City Commission at the meeting held on the 24th day of. February,
1998
SAID RESOLUTION WAS DESIGNATED AS RESOLUTION No. 98-219
IN WITNESS WHEREOF, I hereunto set my hand and impress the
Official Seal of the City of Miami, Florida this 13th day of July,1998
WALTER J. FOEMAN
City Clerk
(OFFICIAL SEAL)
SS---'��t�.�