HomeMy WebLinkAboutR-94-0849J-94-857
10/13/94
RESOLUTION NO.
94- 849
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 NO. 91-698 ADOPTED SEPTEMBER 26,
1991), FOR THE AREA OF THE CITY OF MIAMI
UNDER THE JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (DEPICTED AND MORE
PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2
ATTACHED HERETO), WITH THE EXCEPTION OF THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
AREA THEREBY AMENDING THE MASTER DEVELOPMENT
ORDER TO CORRECT THE NAME OF THE DEPARTMENT;
EXTENDING THE MASTER DEVELOPMENT ORDER AND
INCREMENT III BUILDOUT/TERMINATION DATES FROM
DECEMBER 31, 2007 TO DECEMBER 30, 2014;
AMENDING THE INCREMENT I DEVELOPMENT ORDER TO
EXTEND THE BUILD-OUT/TERMINATION DATE OF
INCREMENT I FROM DECEMBER 30, 1997 TO
DECEMBER 30, 1999, SIMILARLY EXTENDING THE
DATE FOR PROTECTION AGAINST DOWNZONING,
EXTENDING THE DATE FOR COMPLETING AIR QUALITY
MONITORING FROM MARCH 15, 1994 TO MARCH 15,
1997, AND EXTENDING THE TIME TO CONTRACT FOR
CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS
FROM EIGHT YEARS TO TEN YEARS FROM THE
EFFECTIVE DATE OF THE DEVELOPMENT ORDER; AND
AMENDING THE INCREMENT II BUILDOUT DATE FROM
DECEMBER 31, 1998 TO DECEMBER 30, 2005;
FINDING THAT THE AFORESAID CHANGES DO NOT
CONSTITUTE SUBSTANTIAL DEVIATIONS PER
CHAPTER 380, FLORIDA STATUTES (1993), AND ARE
IN CONFORMITY WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000.
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
ATTAZZi; >11!.N'T ISM
CITY COM USSIOai
KEETI G OF
Resolution No,
94- 849
No. 87-1149 approving the Increment I Development Order for the
Downtown Miami Development of Regional Impact; and
WHEREAS, development in the downtown area has progressed at
a slower rate than anticipated in the Increment I development
order and the amendments thereto, thereby necessitating an
extension of the project build-out/termination date and several
related deadlines within the development orders; and
WHEREAS, the proposed changes in the buildout/termination
dates do not conflict with the Miami Comprehensive Neighborhood
Plan 1989-2000 Future Land Use Plan Map; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of September 21, 1994, following an advertised public hearing,
adopted Resolution No. PAB 49-94 by a vote of eight to zero (8-0)
RECOMMENDING APPROVAL of the proposed amendments to the Master
and Increment I Development Orders for the Downtown Miami
Development of Regional Impact as attached hereto; and
WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes
(1993), on September 9, 1994, the Downtown Development Authority
submitted a "Notification of a Proposed Change to a Previously
Approved DRI," to the City of Miami, the South Florida Regional
Planning Council, and the Florida Department of Community
Affairs; and
WHEREAS, on October 27, 1994, the Miami City Commission held
a public hearing on the proposed amendments to the Master and
Increment I Development Orders for the Downtown Miami Development
of Regional Impact as attached hereto; and
94_ 849
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WHEREAS, the City Commission determined that all
requirements of notice and other legal requirements have been
complied with for an amendment to the Master and Increment I
Development Orders for the Downtown Miami Development of Regional
Impact; and
WHEREAS, the City Commission deems it advisable and in the
best public interest of the general welfare of the City of Miami
to amend the Master and Increment I development orders for the
Downtown Miami Development of Regional Impact as hereinafter set
forth;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The 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
Impacti/ (Resolution No. 87-1148, as amended by Resolution
No. 91-698), which are attached hereto as Exhibit "A" and made a
part hereof, do not constitute a substantial deviation and,
therefore, do not require further development of regional impact
1/ 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" (a/k/a "Overtown/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.
— 3 - 94- 849
review pursuant to Subsection 380.06(19), Florida Statutes
(1993).
Section 3. Said amendments are in conformity with the
Miami Comprehensive Neighborhood Plan 1989-2000.
Section 4. The attached amendments to the Master
Development Order for the Downtown Miami Development of Regional
Impact (Exhibit "A") are hereby approved.
Section 5. The proposed amendments to the Increment I
Development Order for the Downtown Miami Development of Regional
Impact (Resolution No. 87-1149), which are attached hereto as
Exhibit "B" and made a part hereof, do not constitute a
substantial deviation and therefore, do not require further
development of regional impact review pursuant to Subsection
380.06(19), Florida Statutes (1993). These amendments are in
conformity with the Miami Comprehensive Neighborhood Plan 1989-
2000.
Section 6. The attached amendments to the Increment I
Development Order for the Downtown Miami Development of Regional
Impact (Exhibit "B") are hereby approved.
Section 7. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 17th day of November , 1994.
STEPHEN P. CLARK, MAYOR
ATTEST:
94- 849
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PREPARED AND APPROVED BY:
E E. MAXWELL
DEP TY CITY ATT NEY
APPROVED AS TO FORM AND
CORRECTNESS:
r� 8
M4669/AM/mis
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94- 849
Exhibit "A"
Master Development Order
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami.
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown
Develoguent Authority and Sergio Rodriguez, Director, City of Miami Planning,_
Building and Zoning De nt, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2W 2014, including the following land uses and increments:
Land uses Increment I Increment II Increment III Totals
Rui l dntlt- R 7 i l drn if-- P17 i I rInIli--
Office
( gross square feet)
Government Office
(gross square feet)
Retail/Service
(gross square feet)
Hotel
(ems)
Residential
(dwelling units)
Convention
( gross square feet)
Wholesale/Industrial
(gross square feet)
Institutional
(gross square feet)
Attractions/Recreation
(seats)
6,919,550
3,600,000
3,700,000
14,219,550
300,000
250,000
200,000
750,000
1,050,000
400,000
500,000
1,950,000
1,500
500
1,100
3,100
3,550
2,550
2,920
9,020
500,000
0
0
500,000
1,050,000
0
1,050,000
21100,000
300,000
0
300,000
600,000
6,500
1,600
5,000
13,100
Pursuant to F.S. 380.06(22) (1987), the Project specifies the
total amount of development planned for each land use category,
but provides flexibility for such development to be located
anywhere within the Project Area, subject to local land
development regulations. The Project Area includes all property
within the boundaries of the Downtown Development Authority, with
the exception of that area between NE/NW 5th Street and I-395
known as "Park West", as illustrated on the map in Exhibit 1 and
described in Exhibit 2 attached hereto. The Project Area
contains a total of approximately 839 acres of land, including
approximately 78 acres currently zoned and developed as City
parks.
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Exhibit "B"
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning-,
Building and Zoning Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2-0� 2014, including
the following land
uses and increments:
Land uses
Increment I
Increment II
Increment III
Totals
Buildout-
Buildout-
Buildout-
Dec.30, 1999
Dec.30, 2005
Dec.30, 2014
Office
(gross square feet)
6,919,550
3,600,000
3,700,000
14,219,550
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(rooms)
1,500
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
Attractions/Recreation
(seats)
6,500
1,600
5,000
13,100
Pursuant to F.S. 380.06(22) (1987), the Project specifies
the total
amount of
development planned for
each land use category, but
provides flexibility for
such development to be
located anywhere within the
Project Area,
subject to
local land development
regulations.
The Project Area includes all property
within the boundaries
of the Downtown Development
Authority,
with the
exception of that area between NE/NW 5th Street and I-395 know as "Park West",
as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached
hereto. The Project Area contains a total of approximately 839 acres of
land, including approximately 78 acres currently zoned and developed as City
parks.
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LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
i
DEFINITIONS: For the purposes of this Development Order, the following terms
shall be defined as follows:
i
ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the DDA on November 25, 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 16 on page 13 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Bulding
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 City of Miami, Florida.
The Downtown Development Authority of
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
i 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.
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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.
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94- 849
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
6,919,550 gross square feet
300,000 gross square feet
1,050,000 gross square feet
1,500 rooms
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
6,500 seats
The City may permit simultaneous increases and decreases in the above
described land use categories, provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved, as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
94- 849
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B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The DDA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
E. The purpose of the CADA is to identify and assess probable regional
impacts and to obtain approval for Total Allowable Development in
accordance with the general guidelines set forth in this Development
Order and the CADA. The concept is to recognize the Project Area as a
single area of high intensity development and to focus the DRI review
process primarily on the impacts that Total Allowable Development
within the area will have on land, water, transportation, environmental,
community services, energy and other resources and systems of regional
significance. The CADA seeks a single DRI review process for overall
phased development of the downtown area rather than requiring each
individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA is intended to serve as a flexible guide to planned development of
— 6 - 94- 849
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
i
development approval for three increments of development over a period
of approximately twenty years and specific development approval for
I
Increment I, which is the first phase of development projected for a
period of approximately five years. Subsequent incremental applications
may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
G. The Project Area contains a total of approximately 839 acres, including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
N. The Project is not located in an area of critical state concern as
designated pursuant to F.S. 380 (1987).
I. A comprehensive review of the probable impacts that will be generated by
Increment 1 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.
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K. Increment I of the Project is consistent with the applicable portion of
the State land development plan and the Regional Plan for South Florida.
L. Increment I of the Project is in conformity with the adopted Miami
Comprehensive Neighborhood Plan.
M. Increment I of the Project is in accord with the district zoning
classifications of Zoning Ordinance 9500, as amended.
N. Increment I of the Project will have a favorable impact on the economy
of the City.
-PO. Increment I of the Project will efficiently use public transportation
facilities.
QP. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
-R4. Increment I of the Project will efficiently use necessary public
facilities.
-SR. Increment I of the Project will include adequate mitigative measures to
assure that it will not adversely effect the environment and natural
resources of the City.
-TS. Increment I of the Project will not adversely affect living conditions
in the City.
IJT. Increment I of the Project will not adversely affect public safety.
-VU. There is a public need for Increment I of the Project.
CONCLUSIONS OF LAW:
94-- 849
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:
94- 849
j 1. Require all development pursuant to this Development Order to be in
I
accordance with applicable building codes, land development reglations,
ordinances and other laws.
j 2. For the purpose of base -line data collection, conduct air quality
i
monitoring for carbon monoxide (CO) concentrations based on the
jfollowing 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, 4-944 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.
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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
j Council staff within 60 days of the completion of the monitoring.
3. Conduct air quality modeling of carbon monoxide impacts to determine
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be completed within
one year after the base -line data monitoring has been completed pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 2a. below. The air quality modeling shall follow FDER guidelines and
shall:
a. Be limited to no more than ten (10) intersections to be selected
from among the intersections projected in the DADA to operate at
level of service E or F. The intersections shall be selected
jointly by FDER, DERM, the Council staff, and the City.
b. Be submitted in a detailed and comprehensive air quality analysis
to FDER and DERM for comment and review, and to the Council staff
and the City for review and approval.
C. Include proposed changes to air quality monitoring as justified by
the air quality modeling analysis.
4. If the results of the air quality modeling study, as described in
paragraph 3 above, are more than 85 percent but less.than 100 percent of
the State standards for CO concentrations, implement an air quality
monitoring and abatement program following approval of the report
pursuant to 3b above. The monitoring and abatement program, including a
time frame for implementation, must be approved by the Council staff and
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the City subsequent to review and comment by FDER and DERM. The program
may include, but is not limited to, the following techniques:
a. Transportation Control Measures (TCM).
b. Physical planning measures (e.g. signalization, parking area
locations, addition of turn lanes, etc.).
C. The continuance of monitoring for specified sub -areas.
5. If the results of the air quality modeling study, as described in
Condition 3 above, exceed State standards for CO concentrations, do one
of the following:
a. Provide acceptable documentation which clearly indicates that CO
exceedences will not occur, or that the Net New Development
seeking approval will not contribute to the predicted CO
violation, or that any potential CO additions for each Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER and
DERM) prior to issuance of building permits for the particular Net
New Development. Such documentation may include a modeling studey
which incorporates measures such as those contained in Condition
4a., b., and c., above. This documentation must be approved by
the Council staff and the City subsequent to review and comment by
FDER and DERM.
b. Withhold the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
6. Based upon the transportation impacts generated by Total Allowable
Development for Increment I, pay or contract to pay $7,543,419 (fair
94- 849
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share in 1987 dollars), to be expended on any or all of the following
transportation improvements:
a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge
and approaches,
b. intersection improvements to the entrance and exit ramps to I-395
at NE 1st Avenue and NE 2nd Avenue,
C. other transportation improvements if mutually agreed upon by the
City and Council staff, subsequent to review and comment by Dade
County and the Florida Department of Transportation.
The City shall pay or contract to pay the fair share within 60 days
following notice that the subject improvement has been let to contract
for construction. In the event the City contracts to pay the fair
share, such contract shall in no way affect the construction schedule of
the subject transportation improvement. If the improvements above have
not been let to contract for construction before the earlier date of a.
or b. specified below:
a. e4t44 ten years after the effective date of the Development Order,
or
b. the date of issuance of Certificates of Occupancy for more than 80
percent of the Total Allowable Development,
then Council staff, the City, Dade County, and the Florida Department of
Transportation (FDOT) will jointly decide the reallocation of $7,543,419
(fair share in 1987 dollars) within 90 days of the earlier date of
either a. or b. specified above.
94- 849
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7. Withhold the issuance of building permits for Net New Development if the
City has been determined to be in noncompliance with paragraph 6 above.
8. Make efforts to work closely with applicable governmental agencies to
ensure that the Metromover Stage II herein be completed as identified in
if
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
I
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
94- 849
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 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
— 15 - 94- 849
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 Beeember 30, 1-997 December 30, 1999 as the date until which
the City agrees that the grantees of building permits or Major Use
Special Permits for new development, under the Downtown Miami -
Increment I Development of Regional Impact shall not be subject to
down -zoning, unit density reduction, or intensity reduction to the
extent of the amount of development included within the building permit
or Major Use Special Permit, unless the City can demonstrate that
substantial changes in the conditions underlying the approval of the
development order have occurred, or that the development order was based
on substantially inaccurate information provided by the Applicant, or
that the change is clearly essential to the public health, safety or
welfare.
MONITORING, REPORTING, AND ENFORCEMENT:
13. The City shall monitor the capacity of Total Allowable Development by
reserving the amount of Development Credits necessary for Net New
Development at a time, to be determined by the City, prior to or
coincident with approval of a building permit or Major Use Special
- 16 - 94- 849
Permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
14. Upon the issuance of a Certificate of Occupancy for any Net New
Development, the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occuupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
15. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit tow copies of the CADA to the Council, one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this Development Order.
The CADA shall be prepared as follows:
a. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
b. Revised pages will have a "Page Number (R) - Date" notation, with
"Page Number" being the number of the original page, "(R)"
indicating that the page was revised, and "Date" stating the date
of the revision.
16. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or modified by agreement among the
Council, City, and Applicant, its successors, and/or assigns.
17. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
18. The City shall prepare an annual erport and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be incorporated into
the annual report required in the Downtown Miami Master Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit 3.
94- 849
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
C. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Development Approval and which have been identified by the City,
the Council, or the Department of Community Affairs as being
significant.
e. Specification of any amended DRI applications for development
approval or requests for a substantial deviation determination
that were filed in the reporting year or to be filed during the
next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have been sent copies of the annual
report in conformance with F.S. 380.06(18)(1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15)(1987).
- 19 - 94- 849
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 Dee -ember 39,-1 December 30, 1999,
provided that the Applicant, or its successors and assigns, complies
with paragraph 25 herein. The termination date may only be modified in
accordance with F.S. 380.06(19)(c)(1987).
21. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs, Council, and
Applicant; provided, however, that if this Development Order is
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursuant to F.S.
j 380.07(2)(1987).
22. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land in which the violative
- 20 - 94- 849
1
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
I
occurred and until the violation is cured. The terms of this paragraph
i
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
i
j all developers under this Development Order.
23. The Planning Director, City of Miami Planning Department, is hereby
designated to monitor compliance with all conditions of this Development
Order and shall have the duty and authority to interpret the provisions
of this Development Order and to promulgate rulings, regulations and
procedures necessary to implement it, provided the same are not
— 21 - 94- 849
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.
— 22 - 94- 849
1--\
27. This Development Order shall not repeal, nor amend in any way, any other
currently effective development order or building permit within the
subject area previously issued by the City Commission pursuant to F.S.
380 (1987). This Development Order shall not create nor authorize the
creation or imposition of any additional requirements or restrictions,
with respect to any present or future development under any currently
effective Development Order or building permit issued prior hereto.
Notwithstanding this paragraph, the City shall continue to have whatever
authority pursuant to law it may now have or may acquire in the future
(other than by virtue of this Development Order).
28. This Development Order shall not create nor impose any additional
requirements or restrictions upon the City with respect to its powers to
enact impact fee or assessment ordinances on development, including Net
New Development under this Development Order and future development of
the City, as such impact fees or assessments may be authorized by law.
29. In the event that a substantial deviation is determined under the terms
of this Development Order or F.S. 380(1987), the City shall retain its
ability to issue building permits and Major Use Special Permits and
shall continue to do so unabated, subject to the terms and conditions of
this Development Order.
30. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
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.
— 23 - 94- 849
c.cr., o, t t
4
EXHIBIT 2
LEGAL OEu RIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. Sth Street and
N.W. 3rd Avenue (east side of N-S Expressway (1-95)), said point of
beginning also being the N.W. corner of the district; thence run
southerly along the center line of N.W. 3rd Avenue and the easterly side
of theg.S Expressway to the centerline of West Flagler Street; thence
westerly along the centerline of said West Flagler Street to the
centerilne of the Miami River; thence meandering southeasterly along the
centerline of said Miami River to a point of intersection with the
easterly right-of-way (R/W) line of Metro Rapid Transit R/W (formerly
Florida East Coast (FEC) Railroad R/W) said R/W line being 50 feet
easterly of and parallel with the centerline of said Metro Rapid Transit
R/W; thence run southerly and southwesterly along said easterly R/W line
of Metro Rapid Transit to the i ntersecti on with the centerline of S.W.
15th Road; thence southeasterly along the centerline of 15th Road to a
point of intersection with the southerly prolongation of the westerly
line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence
northeasterly, northwesterly and northeasterly along said westerly line
of COSTA BELLA to the intersection with the southerly right-of-way line
of S.E. 14th Lane; thence southeasterly, northeasterly, northerly; and
northwesterly along said southerly and westerly right-of-way tine of
S.E. 14th Lane and S.E. 14th Terrace to the intersection with the
northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT
VIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County, Florida; thence northeasterly along the northwesterly line of
said Lot 31 to the northeasterly side of the existing ten foot alley in
Block 2 of said POINT VIEW; thence southeasterly along the northeasterly
side of said ten fact alley to the intersection with the property line
between Lots 4 and 5 of said Block 2 of POINT V16, thence nortaasterly
along said tine of Lots 4 and 5 and its prolongation thereof to the
centerline of S.E. 14th Street; thence southeasterly along said
centerline of. S.E. 14th Street to a point of intersection with the
existing bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
Point of intersection with the southerly boundary of Claughton Island
94- 849
a
Bridgd; thence easterly along the said southerly R/W line of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 18 of the
Public Records; thence southerly, easterly, northerly and westerly,
following said existing bulkhead and its westerly prolongation thereof
around the island to the intersection with the mainland on the easterly
shoreline of Biscayne Bay; thence meandering in a northwesterly and
westerly direction along the shoreline of Biscayne Bay and the Miami
River to the intersection with the easterly R/W line of Brickeli Avenue
Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing
bulkhead on the northerly shoreline of the Miami River; said bulk line i
also being the southerly boundary of.the Dupont Plaza Center and Miami
Center Joint Venture property; thence northeasterly along the southerly
boundary of Dupont Plaza Center and Miami Center Joint Venture property
to a point of intersection with the easterly property line of Chopin
Associates and Miami Center Limited Partnership; said property line
being along the shoreline of Biscayne Bay; thence northerly along said
easterly property line of Chopin Associates and Miami Center Limited
Partnership property along Biscayne Bay to the southerly property line
of Bayfront Park; thence continuing northerly, northeasterly and
northwesterly along the bulkhead line of Bayfront Park and the Bayfront
Park Miamarina; thence continuing northerly along the bulkhead line of
Biscayne Bay to a point of intersection with the centerline of N.E. 17th
Street extended easterly; thence westerly along the centerline of
N.E. 17th Street and its extension thereof to the easterly R/W 1 i ne of
the FEC Railroad; thence southerly along the easterly R/W line of the
FEC Railroad to the limited access right-of-way of I-395; thence
southeasterly and easterly along the limited access right-of-way of
I-395 to the centerline of Biscayne Boulevard, thence southerly along
the centerline of Biscayne Boulevard to the centerline of N.E. 5th
Street, thence westerly along the centerline and N.E. and N.W. 5th
Street to the point of beginning. The above described area contains
approximately 839 acres.
94- 849
APPLICANT
APPLICATION DATE
REQUEST/LOCATION
LEGAL DESCRIPTION
PLANNING FACT SHEET
Downtown Development Authority
Consideration of amending the Master and Increment I Development Orders for a
previously approved Development of Regional Impact (DRI) for the Downtown Area
PETITION Consideration of amending the Downtown Miami Development of Regional Impact (DRI)
Master and Increment I Development Orders, as amended, for the downtown area, by
extending the buildout/termination dates for the Master Development Order as well
as Increments I, II and III; by extending the date for protection against
downzoning; by extending the date for completing air quality monitoring; by
extending the date for construction of transportation improvements; and by
correcting the name of the department; also finding that these do not constitute
substantial deviations per Chapter 380, Florida Statutes (1993), and that the
changes are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached page for complete analysis of requested amendments and attached
ANALYSIS "Notification of a proposed change to a previously approved DRI" for additional
backup materials.
PLANNING ADVISORY BOARD Approval VOTE: eight (8) to zero (0)
CITY COMMISSION Withdrawn on CC10/27/94. 9 4 _, 849
APPLICATION NUMBER 94-139 September 21, 1994
10/14/94 Page.1
REVISED
ISED
Proposed P,mendment to the Master and Increment I Development Orders of the
Downtown Areawide Development of Regional Impact (DRI).
es :
The purpose of the currently proposed Amendment to the Master and Increment
Development Orders of the Downtown Areawide Development of Regional Impact
(DRI) is in order to accomplish the following:
(1) to extend the build -out and termination date of
Increment I from December 30, 1997 to December 30,
1999; to extend the Increment II build -out and
termination date from December 31, 1998 to
December 30, 2005; and to extend the Master
Development Order and Increment III build -out and
termination dates from December 31, 2007 to
December 30, 2014;
(2) to extend the date for protection against
downzoning of Increment I development from
December 30, 1997 to December 30, 1999;
(3) to extend the date for completion of air quality
monitoring from March 15, 1994 to March 15, 1997;
(4) to extend the date for completion of specified
transportation improvements from eight to ten
years from the effective date of the development
order; and
Recommendation:
The Planning, Building and Zoning Department is recommending
approval of these amendments finding that the requested changes
do not constitute a substantial deviation from the originally
approved development orders and that they are in conformance with
the Miami Comprehensive Neighborhood Plan 1989-2000.
Background and Analysis:
Pertaining to the status of requirements of the 1987 development
order, the summary of development activity (attached in the
"Notification of a proposed change to previously approved DRI")
reveals the relative lack of development undertaken since the
Downtown DRI was adopted. Air quality and transportation
mitigation fees collected to -date are insufficient to cover the
costs of the air quality monitoring and transportation
improvements programmed in the development order. As such, no
air quality monitoring has been initiated. As mentioned in item
Page 1 of 2 94- ' 849
a
(3) above, the proposed amendment would extend this deadline
until such time as sufficient mitigation fees are collected to
cover the cost of monitoring.
City Commission Resolution 91-698, September 26, 1991, extended
the above described build -out deadlines by five years (from
December 31, 1992 to December 30, 1997.); further extensions of
time are now required due to the same lack of development in the
office category and the planned expansion of the Port of Miami.
Until April 8, 1992, Florida State Statutes presumed an extension
of the date of build -out of a development, or any phase thereof,
by more than five (5) years to create a substantial deviation
subject to further DRI review (F1. Stat.380.06(16)(c).) However,
beginning on April 8, 1992, and effective through December 31,
1994, this five-year deadline was extended by a maximum of two
(2) additional years. Thus, the above described build -out dates
can once *again be extended, but only by+two years and only if
accomplished by December 31st of this year. An extension by more
than two years will result in the presumption of a substantial
deviation subject to further DRI review by the Florida Department
of Community Affairs (DCA) and the South Florida Regional
Planning Council (SFRPC.)
94- 849
Page 2 of 2
I
RESOLUTION PAB - 49-94
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT
ORDERS, AS AMENDED, IN ORDER TO EXTEND CERTAIN BUILDOUT/TERMINATION DATES.
HEARING DATE: September 21, 1994
VOTE: eight (9) to zero (0)
ATTEST:
ERGIO RODRIG EZ, DIRECTOR
PLANNING, BUILDING AND ZONING
94- 849
J
s i ;
BACKUP ATTACHMENT FOR ITEM # 1 , PAB
FORM RPM-BSP-PROCHANGE-1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCES PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Center Drive
Tallahassee, Florida 32399
(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 Statues, requires that submittal of a proposed change to
a previously approved DRI be made to the local goverrunent, the regional planning agency, and
the state land planning agency according to this form.
1. I, Matthew Schwartz, Executive Director, successor or assigns the undersigned
owner/authorized representative of 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 Statues. In support thereof, I submit
the following information concerning The Downtown Miami Development of Regional
Impact development, which information is true and correct to the best of my
knowledge. I, have submitted today, under separate cover, copies of this completed
notification to The City of Miami, South Florida Regional Planning Council, and to
the Bureau of State Planning, Department of Community Affairs.
9 7'
(Date)
94- 849
2. Applicant (name, address, phone).
Matthew Schwartz (successor or assigns)
Downtown Development Authority
330 Biscayne Boulevard, Penthouse
Miami, FL 33132
Phone: (305) 579-6675
3. Authorized Agent (name, address, phone).
Joel E. Maxwell Sergio Rodriguez/Lourdes Slaryk
City of Miami Law Department City of Miami Planning, Building and
1100 Amerifirst Building Zoning Department
Miami, FL 33131 275 N.W. 2nd Street
Phone: (305) 579-6700 Miami, FL 33128
Rob Curtis Phone: (305) 579-6086
Bermello, A j amil & Partners
2601 S. Bayshore Drive, loth Floor
Miami, FL 33133
Phone: (305) 859-2050
4. Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
City of Miami
Dade County, Florida
Section 37, Township 53 South, Range 41 East
5. Provide a complete description of the proposed change. Include any proposed changes
to the plan of development, phasing, additional lands, commencement date, buildout date,
development order conditions and requirements, or to the representations contained in
either the development order or the Application for Development Approval.
The following changes are proposed to the Master development order (res. 91-698):
A. Change the Project Description to conform to the land use changes described
in Increment I (see "F" below).
The foUow►ing changes are proposed to the Increment I development order
(Res. #91-696):
B. An extension of the bulldout/termination date of the Increment I development
order from December 30, 19979 to December 30, 1999. This change is
n because development has proceeded at a much slower rate than
Less than 15% of the "'Total Allowable Development" in Increment
I has ban reserved with building permits or Major Use Special Permits (see
status report, Attachment B).
C. An extension of the date until which the City agrees 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. This is necessary to conform to the extended project
buildout date discussed above.
D. An extension of the deadline for completing air quality monitoring from
March 15, 1994 to March 13, 1997 (see condition 2-c on page 8 of the
Increment I development order). Only 199.500 square feet of development
has received building permits since the development order became effective
in 1988, and none of this development has been completed. Therefore, it can
be assumed that Increment I development has not caused a significant change
in air quality thus far. An extension of time is needed because the City relies
on fair share fees paid by developers when building permits are issued to
finance the cost of the air quality studies (see Chapter 13, Article U of the
Miami City Code, Attachment C).
E. 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). An extension of time is needed, similar to "F" above,
because the City relies on fair share fees paid by developers when building
permits are issued to finance the cost of the transportation improvements (see
Chapter 13, Article H of the Miami City Code, Attachment Q.
F. Simultaneous addition of a new land use category entitled Marine Facility and
decreases in the proposed land uses in Increment I (see Attachment D for
explanation of calculations):
(1) Marine Facility would be added as a new land use encompassing
230,000 sq. ft. terminal building.
(2) Office uses would be I by 242,273 square feet, resulting in a
change from 6,919,550 square feet to 6,67677 square feet of office
space permitted in Increment I.
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.
No chmp in maps.
d. 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.
See Athehmeut A. 9 4 - 840
An extension of the buildout/termination date of the Increment I
development order from December 31, 1992, to December 30, 1997.
This change is necessary because development has proceeded at a
much slower rate than expected. Less than 15% of the "Total
Allowable Development" in Increment I has been reserved with
building permits or Major Use Special Permits (see status report,
Attachment B).
• An extension of the date until which the City agrees 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. This is necessary to
conform to the extended project buildout date discussed above.
An extension of the deadline for completing air quality monitoring
from March 15, 1991 to March 15, 1994 (see condition 2-c on page 8
of the Increment I development order). Only 1",500 square feet of
development has received building permits since the development
order became effective in 1988, and none of this development has been
completed. Therefore, it can be assumed that Increment I
development has not caused a significant change in air quality thus
far. An extension of time is needed because the City relies on fair
share fees paid by developers when building permits are issued to
finance the cost of the air quality studies (see Chapter 13, Article II
of the Miami City Code, Attachment Q.
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). An extension of time is needed, similar to "F"
above, because the City relies on fair share fees paid by developers
when building permits are issued to finance the cost of the
transportation improvements (see Chapter 13, Article U of the Miami
City Code, Attachment Q.
• Simultaneous increases and decreases in the proposed land uses in
Increment I (see Attachment D for explanation of calculations):
1) Attractions and recreation facilities Increased from 3,400 seats
to 69500 seats, and Hotels Ing3ad from 1,000 rooms to 1,500
room:.
2) Office uses dgmund by 180,450 square fat, resulting in a
change from 7,100,000 square feet to 6,919,550 square feet of
office space permitted in Increment I.
7. List all the dates and resolution numbers (or other appropriate identification numbers) of
all modifications 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?
Originally approved development orders (See Attachment G):
A. Master Development Order - Resolution #87-1148
December 10, 1987
B. Increment I Development Order - Resolution #87.1149
December 10, 1987
Modifications:
C. Stipulation of Settlement, Department of Community Affairs vs. The City of
Miami and the Downtown Development Authority, State of Florida Division
of Administrative Hearings Case No. 88-1638, June 2, 1988 (This settlement
clarified the meanings of Total Allowable Development, Net New
Development and Aggregate Exclusions as applied in the development
orders.)
D. Update the name of the authorized agent of developer to Matthew Schwartz,
who is the current Executive Director of the Downtown Development
Authority; and update the name of the Planning, Building and Zoning
Department.
Change the Project Description to conform to the land use changes described
In Increment I (see "K" below).
The following changes are proposed to the Increment I development order
(Res. #87-1149):
Update the name of the authorized agent of developer to Matthew
Schwarts, who is the current Executive Director of the Downtown
Development Authority; and update the name of the Planning,
Building and Zoning Department.
94- 84J 1 r
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 1/2 mile on
a project master site plan or other map.
Not applicable.
9. Indicate if the proposed change is less than 40% (cumulatively with other previous
changes) of any of the criteria listed in Paragraph 380.06(19) (b), Florida Statues.
Response:
Individually, the proposed addition of the Marine Facility category is more than 40070
of the criteria in 380.06(19)(b); however, with the simultaneous decrease in Office
land use, the proposed changes are less than 40%.
Do you believe this notification of change proposes a change which meets the criteria of
Subparagraph 380.06(19)(e)2., F.S.
YES NO --- X
10. Does the proposed change result in a change to the buildout date or any phasing date of
the project? If so, indicate the proposed new buildout or phasing dates.
Res
Yes, as follows:
Increment I - December 30, 19"
Increment H - December 30, 2005
Increment MfMaster - December 30, 2014
11. Will the proposed change require an amendment to the lgcal government comprehensive
plan?
No.
Provide the following for incorporation into such an amended development order,
pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code:
12. An updated toaster site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI or development
order conditions.
Map H-Master Land Use Plan (Attachment E) 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 buildout 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;
ResRgnses
See Attachment F.
b. An update legal description of the property, if any project acreage is/has been
added or deleted to the previously approved plan of development;
Not applicable.
C. A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
Not applicable.
d. A proposed amended development order termination date that reasonably reflects
the time required to complete the development;
Response:
December 31, 2002 for Increment I.
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:
December 30, 19" for Increment I.
f. Proposed amended development order specifications for the annual reporn,
including the date of submission, contents, and parties to whom the report is
submitted as specified in Subsection 9J-2.025 (7), F.A.C.
Response:
Not applicable.
ATTACHMENT A
94- 849 1 C5
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
Attraction/
# Parking Spaces
Recreation
# Spectators
# Seats
Site locational changes
Acreage, including
drainage, ROW, easement, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
Airports
Runway (length)
Runway (streng(h)
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
Hospitals
# Beds
# Parking Spaces
Building (gross square feet)
Site locational changes
W
Acreage, including
4--
drainage, ROW, easements, etc.
6
# External Vehicle Trips
D.O. conditions
00
ADA representations
gal
t3
Not Applicable
Not Applicable
Not Applicable
Not Applicable
3,400
6,500
7 p.m. pear hour ' 14 p.m. peals hour
I
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
Industrial Acreage, including Not Applicable
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
Acreage mined (year)
Not Applicable
Operations
Water Withdrawal (gal/day)
Size of Mine (acres), including
drainage, ROW, easements, etc.
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Office
Acreage, including
drainage, ROW, easements, etc.
Building (gross square feet)
6,676,227 sq. ft. 7,100,000 sq. ft. 6,919,550 sq. ft.
# Parking Spaces
I
# Employees
Site locational changes
# External Vehicle Trips
3,397 p.m. peals hour 4,250 p.m. peak hour 4,142 p.m. peak hour
C^J
D.O. conditions
see Attachment D
ADA representations
see Attachment D
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF
LAND USE
CHANGE PROPOSED ORIGINAL PREVIOUS D.A.
CATEGORY PLAN PLAN CHANGE + DATE
Petroleum/Chem.
Storage Capacity Not Applicable
Storage
(barrels anti/or lbs.)
Distance to Navigable
Water (feet)
Site locational changes
Facility Acreage, including
drainage, ROW, easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
Ports (Marinas)
# boats, wet storage
# boats, dry storage
Dredge and fill (cu. yds.)
Petroleum storage (gals.)
Site locational changes
Port Acreage, including
230,000 sq. ft. Not Applicable
drainage, ROW, easements, etc.
Terminal Facility
# External Vehicle Trips
145 p.m. peak hour Not Applicable
D.O. conditions
ADA representations
Residential
# dwelling units
Not Applicable
Type of dwelling units
# lots
Acreage, including
drainage, ROW, easements, etc.
Site locational changes
1
# External Vehicle Trips
D.O. Conditions
co
SUBSTANTIAL DEVIATION DETERMINATION CHART
PROPOSED ORIGINAL PREVIOUS D.O.
TYPE OF CHANGE PLAN PLAN CHANGE + DATE
LAND USE CATEGORY
Not Applicable
Open Space
Acreage
(All natural and Site locational changes
and vegetated Type of open space
non -impervious D.O. conditions
surfaces) ADA representations
preservation,
Acreage Not Applicable
Buffer or Special Site locational changes
Protection Areas Development of site proposed
D.O. conditions
ADA representations
be more than one sentence, attach a detailed description of each proposed change and copies of
Note: if a response is to The Bureau may request additional information from the developer or his agent.
the proposed modified site plan drawings.
AVACHMENT 9
94- 849 Z I
Downtown DRI Status Report
A. Current Status of Increment I Development Credit Account:
Attachment B
Date: 09/08/94
Total
Reserved
Reserved
Credits
Unreserved
Allowable
With
With Bldg
Assigned
Development
Land Use Development
MUSP
Permits
With CO
Credits
===aapa=sasasaaaaasaaa_saasaa=saasaaxasaseaa=sa=aaasaassaaaa--aa_-_--axassa=a
Office(GSF) 7,219,550 1194989
193500 0
Retail(GSF) 1,050,000
332605
6000
0
5711511
711395
Convention(GSF) 500,000
0
0
0
500000
Institutional(GSF) 300,000
0
0
0
300000
Wholesale(GSF) 1,050,000
0
0
0
1050000
Hotel(Rooms) 1,500
358
0
0
642
Residential(Units) 3,550
100
0
0
3450
Recreation(Seats) 6,500
0
0
0
3400
B. Proposed and/or Pending Applications for Development Credits:
Land Use Units of Development
Office (GSF) 803600
Retail/Service (GSF) 162982
Convention (GSF) 0
Institutional (GSF) 0
Wholesale/Industrial (GSF) 0
Hotel (Rooms) 473
Residential (Units) 645
Attraction/Recreation (Seats) 0
Number of individual developments: 8
C. Aggregate Exclusions Approved To Date:
Land Use Units of Development
Office (GSF)
29068
Retail/Service (GSF)
16185
Convention (GSF)
0
Institutional (GSF)
0
Wholesale/Industrial (GSF)
0
Hotel (Rooms)
0
Residential (Units)
0
Attraction/Recreation (Seats)
0
D. Number Of Applications Submitted
To Date:
Category 2 - Certain DRI conditions
applicable 37
' Category 3 - New Development
8
Category 4 - Net New Development
20
E. Supplemental Fees Collected To Date:
Administration
$122,249.60
Recovery
$117,361.20
Transportation
$257,086.02
Air Quality
$10,899.87
Total
$507,596.69 _ 9
Status Report Downtown DRI - Page 2 Date: 09/08/94
F. Demolitions:
Land Use Units of Development
Office (GSF)
0
Retail/Service (GSF)
0
Convention (GSF)
0
Institutional (GSF)
0
Wholesale/Industrial (GSF)
0
Hotel (Rooms)
0
Residential (Units)
0
Attraction/Recreation (Seats)
0
G. Currently Pending Applications for Development Credits:
Net New
Status
Project
Address
Square Footage
Reserved Expired
=a====s====a=�====a=asaa==csss=a===caa====as=aa=sagas=_=saasaasaas==gas_=csa==ass==a=___
Gran Central
NW 1 St
529671
X
Brickell Gateway
1400 Brickell Ave
1467341
X
1111 Brickell
1111 Brickell Ave
235572
X
Downtown Food Ct
315 NE 2 Ave
11500
Zaminco-Columbus
10 Biscayne Blvd
820000
1401 Brickell Ave
1401 Brickell Ave
13000
X
Riverside Plaza
400 SW 2 Ave
199500
X
State Plaza
400 NW 1 Ave
100743
1229 Biscayne
1229 Biscayne Blvd
3000
Brickell Point
401 Brickell Av
601500
Farovi-Shipping
125 NE 9 St
4400
X
226 E Flagler St
1800
X
Intercontinental
229 SE 2 ST
1200
X
33 SW 2 AVE
4800
X
Flagler Federal
113 NE 1 St
10000
1300 Brickell
1300 Brickell Ave
8020
Federal Express
99 SW 7 St
2539
Camillus House
336 NW 5 St
27300
aa==aaaaaaassaassaaasaasa=ss:sssasaaaassasssasasaassassxaasasassasaaaaasasassassaaasasaa
91- 849
23
()v 4
R
ATTACHMENT C
34- 849 ��
1 13.14
Sec. 13-14. Administrative fees.
DEVELOPMENT mpACT FEES
Expenses to be incurred by the city in connec.
tion with the administration of the development
impact fee ordinance have been estimated and
budgeted and have been determined to be of ben•
efit to the properties therein and shall be reim.
bursed to impact fee administration fund of the
city out of the revenues accruing through the
imposition of a service charge in the amount of
three (3) percent of the impact fee due. The nonre-
fundable service charges are in addition to and
shall be paid separately from the assessment but
shall be payable at the time of application for the
building permit and shall be for the sole purpose
of defraying expenses as provided herein. (Ord.
No. 10426. § 2. 4-28-88)
Sec. 13.15. Bonding of capital improvement
projects.
The city may issue bonds, revenue certificates
and other obligations of indebtedness in such man-
ner and subject to such limitations as may be
provided by law, in furtherance of the provision
of impact fee -related projects. Funds pledged to-
ward retirement of bonds, revenue certificates or
other obligations of indebtedness for such projects
may include impact fees and other city revenues
as may be allocated by the city commission. Im-
pact fees paid pursuant to this chapter, however,
shall be restricted to use solely and exclusively
for financing, directly, or as a pledge against bonds.
revenue certificates and other obligations of in-
debtedness for, the cost of additional facilities pro-
! jects. (Ord. No. 10426, § 2, 4.28-88)
Sec. 13.16. Establishment of impact fee board
of review; appeal procedures.
a) Impact fee board of review. There is hereby
established an impact fee board of review C'board")
which shall consist of the directors, or their des•
ignees. from the city departments of planning;
public works; parks, recreation and public• facili.
ties; building and zoning; fire, rescue and inspec-
tion services; general services administration; solid
waste: and police. Said board shall be responsible
for hearing the initial appeal by applicants for
building permits ("applicant") aggrieved by deci.
sions of the building and zoning department made
/ pursuant to this chapter.
Supp. No. 29
Attachment C
1 13.16
(b) Appeal procedures. After determination by
the building and zoning department of the amount
of the development impact fee or credit due, an
aggrieved applicant or any officer, department,
board, commission or agency of the city (collec-
tively referred to as city "entities") may request
a review of such fee or credit due by appealing to
the impact fee board of review pursuant to the
following procedures: The aggrieved applicant or
above authorized city entity shall file a written
notice of appeal with the director of the city's
department of building and zoning within fifteen
(15) days following the rendition of the applicable
development impact fee or credit due. If the no-
tice of appeal is accompanied by a bond or other
sufficient surety satisfactory to the city attorney,
in an amount equal to the applicable development
impact fee as calculated by the building and zon-
ing department, the building and zoning depart-
ment shall issue the building permit. The filing
of an appeal at any point in time shall not stay
the collection of the development impact ff-e un-
less a bond or other surety satisfactory to tl .e city
attorney has been filed. Said bond or curet-, is not
required when the appellant is a unit of gove-nment.
(c) Time for appeals to impact fee board of re-
view. An appeal to the impact fee board shall be
made within fifteen (15) days after rendition of
the subject building and zoning department im-
pact fee invoice by filing a notice of appeal or
letter of appeal with the director of the depart-
ment of building and zoning stating therein the
basis for such appeal.
(d) Failure to file on time. No hearing shall be
heard by the impact fee board of review unless
the respective appeals have been filed within the
time and at the place provided in this chapter.
(e) All decisions f:naL All decisions of the im-
pact fee board of review made under this chapter
shall be deemed final unless properly instituted•
appeals are filed pursuant to this chapter.
M Disclosure requirements. All such requests
for review by the city under this'chapter shall be
subject to the disclosure requirements of section
2.308, as amended, of the Code of the City of
Miami.
883
(g) Fee required for review. All requests for re-
view of decisions of the building and zoning de-
9`- 849
6 13.16
MWU CODE
partment shall be accompanied by a fee of five
hundred dollars ($500.00). The city entities speci-
fied in paragraph (b) of this section shall not be
required to pay said fee.
(h) Notice of hearing; scheduling. The time of
the hearing before the impact fee review board
shall be no more than forty-five (45) days after
receipt of the letter or notice of appeal; provided,
that the time limitations set out in this section
shall not apply during the thirty-one (31) days of
the month of August. Appeals filed under this
chapter shall be received by the director of the
building and zoning department at least ten (10)
days prior to a scheduled meeting of the impact
fee board of review to be heard at that particular
meeting. Request for review not satisfying the
provisions of this paragraph shall be heard at the
next subsequently scheduled meetings of the im-
pact fee board of review. The director of the de-
partment of building and zoning shall give the
aopealing party at least ten (10) days' notice of
the time and place of such hearing. The notice
shall be in a form acceptable to the city attorney.
No public notice is required.
(i) Hearings; additional evidence; and decision.
At the time and place set for the hearing the
impact fee board of review shall give the appeal-
ing party a reasonable opportunity to be heard.
Parties may present additional evidence to sup-
port their position; however, no economic or tech-
nical reports or studies. real estate appraisals or
reports, and/or written reports of consultants shall
be considered by the impact fee board of review
unless the same shall have been filed with the
department of building .and zoning at least ten
10) days prior to that hearing. All exhibits pre-
sented to the board shall become part of the record
and shall remain so until the expiration of the
administrative appeal period or final judicial de-
termination. (Ord. No. 10426. § 2. 4.28.88)
Sec. 13-17. Request for city commission review.
A decision by the impact fee board`of review
shall be final unless a request for review is filed
with the director of the department of building
and zoning within fifteen (15) days bf re dit o by
that board, together with payment of five hun-
dred dollars ($500.00) fee. Such request may be
Supp. No. 29
Attachment C
1 13.21
filed by the aggrieved building permit applicant,
or by any officer, department, board, commission,
or agency of the city. All such requests for review
by the city commission shall' be subject to the
disclosure requirements of section 2-308 of the
Code of the City of Miami. The above specified
city entities shall not be required to pay said fee.
(Ord. No. 10426, § 2, 4-28-88)
Sec. 13.18. Procedures upon request for com-
mission review.
The director of building and zoning shall then
certify such requests through the office of the city
manager. The procedures set forth in section 13.16,
above, shall also apply to hearings by the city
commission on impact fee appeals. (Ord. No. 10426,
§ 2, 4.28.88)
884
Sec. 13-19. City commission powers on review.
The city commission on review shall have full
power to affirm, reverse, or modify the action of
the impact fee board of review. Said decision shall
be made on the record not more than forty-five
(45) days after the request for review by same is
made by the aggrieved applicant. (Ord. No. 10426.
§ 2, 4.28.88)
Sec. 13-20. Judicial review.
Any request for review of a decision by the city
commission under this chapter shall be made by
filing an appeal within thirty (30) days of said
decision with the circuit court in accordance with
the Florida Rules of Appellate Procedure. (Ord.
No. 10426, § 2, 4-28-88)
Sec. 13.21. Effect of impact fee on planning,
zoning, subdivision, and other
regulations.
This chapter shall not affect. in any manner,
the permissible use of property, density of devel-
opment. design and improvement standards and
requirements or any other aspect of the develop-
ment of land or provision of public improvements
subject to the city's comprehensive plan, zoning
regulations, subdivision regulations, or other regu-
lations of the city, all of which shall be operative
9- 849
27
1 :3 -.
0EVE:.0P>tEN*T 3T.ACT FEES
and remain in full force and effect without limi•
Cation -with respect to all such development. iOrd.
\o. 10436; 1 2. 4.28.88)
Sec. 13.22. Impact fee as additional and sup-
plemental requirement.
The city development impact fee is additional
and supplemental to, and not in substitution of,
any other requirements imposed by the city on
the development of land or the issuance of build•
ing permits. It is intended to be consistent with
and to further the objectives and policies of the
comprehensive plan. the zoning ordinance, and to
be coordinated with the city's capital improvement
program. and ocher city policies. ordinances and
resolutions by which the city seeks to ensure the
provision of public facility improvements in con•
;t:ar.on with the deveiopment of land. In no event
shall a property owner be obligated to pay for the
same improvements in an amount in excess of the
amount calculated pursuant to this chapter: pro•
vided. however that a property owner may be
required to pay, pursuant to Metropolitan Dade
County. State of Florida and/or city regulations.
for other public facility improvements in addition
to the impact fee -related improvements as specs.
Pied herein. tOrd. No. 10426. 4 2. 4.28.88)"
Secs. 13-23-13-40. Reserved.
ARTICLE II. DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE*
Sec. 1341. Short title.
This article shall be known and cited as the
'City of Miami Downtown Development Supple-
mental Fee Ordinance." (Ord. No. 10461. 1 1.
14.881 .
•Editor's now —Ord. No. 10441 enacted promssons impoM
Ing in* downtown development supplemental fee. wnich were
numbered 13.A•1-13.A•13. For purposive of clandlestion. the
editor has added these prarisions to ch. 13. numbering cheat
13-41-13•33. The evAibits refemd to in this artule an not
rearoduced in the Code: they can be found on Ate in city
records in the office of the city clerk.
n � Supp. No. 30
Sec. 1342. Intent.
Attachment C
1 13-43
This article is intended to impose the down•
town development supplementai fee as a supp,e•
mental fee on new development within the down.
town DRI project area, utilising the definbd terms
in section 13.43. The downtown development sup•
plemental fee comprises four (4) components in.
cluding a transportation mitigation fee, an air
quality fee, a DRI/master plan recovery fee and
an administration fee. The downtown development
supplemental fee is payable prior to the time of
building permit issuance or upon application fcr
certain perrnus. as provided for herein. in an aaiot:r.:
based upon the appropriate units of land use. in
order to mitigate the impacts of the proposed de•
velopment in the project area as described in ex.
hibit 1, since the demand for the mitigation is
uniquely attributable to such new development
and net new development on an area wide basis.
This article shall be uniformly applicable to all
new development and net new development within
the project area. This fee shall not be applicable
to any activity which is not ciassitied as "new
development" or "net new development" as de-
fined herein or which has. on the effective date of
the downtown DRI development orders. a valid
building permit or currently effective DRI devei-
opment order. (Ord. No. 10461. ; 1. 7•14.88)
Sec. 13-43. Definitions.
As used in this article. the following words and
terms shall have the following meaning, unless
another meaning is plainly intended:
ADA or application for deueloprnent approt'c:
shall mean the original application for develop•
ment approval for the downtown Mivai project
area filed by the DDA on November 25. 1986.
pursuant to Florida Statutes. section 380.06(1987'j.
Administration fees shall mean a fee charged to
all new development to pay for the city's admin-
istrative costs for enforcing the terms and condi-
tions of the downtown development orders. includ-
ing but not limited to preparation of ordinances
and procedum review of permit applications. moni-
toring compliance with requirements. and enforc.
ing violations: and which shall be a component of
the downtown development supplemental fee.
Sas
4— 849
"/
Nt:AM: C 0 C E
Air quaiity fees shall mean a. -fee charged to all
net new development to pay for the for the cir: s
costs for air quality monitoring, modeling and
mitigation measures as required in the increment I
development order for downtown yi.iarm: and which
shall be a component of the downtown develop•
ment supplemental fee.
Applicant sha11 mean an individual, corporation,
business trust, estate, trust, partnership, associa•
Lion, two (2) or more persons acting as co -applicants,
any county or state agency, any other legal enti-
ty, or the authorized representative of any of the
aforementioned. signing an application for a build-
ing permit.
Aw-ac:ions•recreattan use shall mean theaters.
performance halls. sports arenas. museums. and
similar. cultural, entertainment, or recreational
aciiities.
Building permit shall mean any permit required
for new construction and additions pursuant to
Section 301 of the South Florida Building Code
CADA or consolidated application for develop.
ment approval shall mean the revised ADA pre-
pared pursuant to the requirements of section
380.06. Florida Statutes (1987).
Certificate of occupancy shall mean a perms•
neat or temporary andror partial certificate of
.ccupancy issued, pursuant to Section 307 of the
soutit F:ortda Building Code.
shall ,:lean the City of Miami. Florida.
Class C special permit shall have the meaning
civen within city Ordinance No. 9500. as amend-
ed. the zoning ordinance for the City of Miami.
Commission shall mean the city commission of
Miami. Florida.
Comprehensive plan shall mean the city's plan
for future development adopted by city Ordinance
No. 10167 , and as may be amended and updated
from time to time.
Convention ute shall mesa meeting rooms. ban-
quet, halls. exhibition halls, auditoriums, and their
auxiliary spaces intended for use by conventions.
seminars, exhibitions, and the like: which shall
exceed the minimum standard for ancillary facil-
ities within the definition of "hotel use."
SuW No. 30
Attachment
` :343
DDA or Downtown Development Authority shall
mean the Downtown Development Authority of
the City of Miami, Florida.
Downtown development supplemental fee shall
mean a fee charged to new development in the
project area comprised of components includiri as
transportation mitigation fee. an air quality fee,
an administration fee, and a DRUmaster plan re-
covery fee which are assessable to the new devel.
opment according to the provisions of this article.
Downtown development supplemental fee eoerii.
ctent shall mean the charge per unit of land use
as calculated for each component of the downtown
development supplemental fee.
DO or downtown development order shall mean
the master anchor increment I development or.
ders for downtown Miami as a development of
regional impact. issued by the city on December
10, 1987, by resolution numbers 87.1148 and
87.1149.
DRI shall mean development of regional impact
DRUmaster plan recovery fee shall mean a fee
charged to all new development to reimburse the
city for costs incurred in the DRUmaster plan
study and future related studies in accordance
with the CADA and the downtown DRI develop-
ment orders: and which shall be a component of
the downtown development supplemental fee.
DC or dwelling unit shall have the meaning
given to "dwelling unit" in the zoning ordinance.
Hotel use shall mean any facility contatning
more than one (1) "lodging unit." as defined in
the zoning ordinance: and may include meeting
and banquet facilities and convenience goods and
services for hotel guests, provided that the total
of such ancillary facilities shall not exceed fifteen
i 15) percent of the gross square footage of the
proposed hotel.
Institutional use shall mean hospitals. univer•
sities. schools, and post offices.
MUSP or maljor use special pe mit shall mean a
special permit issued by the city commission pur-
suaat to OnUnaaee No. 95M. the zoning ordinance
of the City of Miami. as amended.
Us
94— 849 ��q
4J
CEV'-:.S?>1EN 1 :N1?AC- rrrc
Net new detelocmenr shall mean any develop.
^tent which will result :in a net increase, within
any parcel of land, of residential dwelling units.
hotel rooms. seats in attractionwrecreation facili•
ties or gross square footage for office, government
office. retailiservice. convention, wholesale/industrial
or -Institutional uses. Land uses to be removed by
demolition of a building or structure may be cred•
ited against the proposed new land uses for pur.
poses of calculating the net increase, if the plan-
ning director determines that there was a valid
cenificate of occupancy existing on the effective
date of the development order for the land uses to
be demolished. If a change of land use is pro-
posed. the planning director may credit the prior
land use against the proposed land use based upon
equivaient impacts as measured by PM peak hour
external motor vehicle trip generation. Any ac.
tivity which has on the effective date of the de-
velopment order a valid building permit or any
currently effective development order shall not
be included as net new development. The plan-
ning director may exclude from net new devel-
opment any small development under ten thou-
sand (10.000) square feet in gross floor area, if
hershe finds that such development would have
no regional impact as measured by PM peak hour
external motor vehicle trips. Net new development
shall be considered to be a subset of "new devel-
opment" as defined herein.
New deuelDment shall mean any new construc.
:ton: or development which will result in an in.
:rease. within any parcel of -land. of residential
dwelling units. hotel rooms, seats in attractions
recreation facilities, or gross square footage for
office. retail/service, convention, wholesale/
industrial. or institutional uses. The term "new
development" as used herein shall not be deemed
to include remodeling, rehabilitation. or other im-
provements to an existing structure, provided that
there is not a change in land use and/or not an
increase of more than one thousand (1.000) square
feet in gross floor area resulting therefrom. If a
change of land 4se is proposed within an existing
structure, the planning director may credit the
prior land use against the proposed land use based
upon equivalent impacts as measured by PM peak
hour external motor vehicle trip generation.
?? Suyp. No. 30
Attachment C
Office use shall mean space for the conduct of
the adnura=ative functions of govertunent or busi.
ness and professional activities not including saves
of merchandise of the premises. and not inciuding
personal services as defined herein under "retail.
service use."
Parcel of land shall mean, pursuant to chaoter
380, Florida Statutes. any quantity of land capa.
ble of being described with such definiteness that
its location and boundaries may be established.
and which is designated by its owner or deveiooer
as land to be used or developed as a unit or wntcn
has been used or developed as a unit.
PM peak hour external motor uehtcle nips means
the average number of trips per hour during the
afternoon peak period from 4.00 to 6:00 p.m. gen.
erated by motor vehicles, excluding public transit
vehicles. that have either an origin or a destina-
tion within the project area.
Project area shall mean the area included within
the legal description in exhibit 1, including 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."
Residential use shall mean any "dwelling units"
as defined in the zoning ordinance.
Retatilsercice use shall mean space for the saie
of merchandise. eating and/or drinking establish-
ments. and personal services such as but not lim-
ited to hair salons, travel agencies. laundries.:-;
cleaners, bank tellers. photographers. shoe repair.
tailoring, etc.
Room shall have the meaning given to "lodg-
ing unit" in the zoning ordinance.
SF, gross square feet or gross square footage
shall have the meaning given to "floor area" in
Section 2012.3 of the zoning ordinance.
Site shall mean a legally described parcel of
property capable of development pursuant to ap-
plicable city ordinances and regulations.
Total a&u*%k de mkVne►u shall mean the quan-
tity of net new development for which eartificates
of occupancy may be issued under the terms and
$87
.:3-t3
HUT CODE
conditions of the development order. as may be
modified pursuant to Florida Statutes. section
380.06(19) (198 7 ).
Transportation inttigarion fee shall mean a fee
charged to all net new development to pay for
improvements to mitigate for impacts on the re-
gional transportation system in accordance with
requirements of the CADA and the increment I
development order for downtown Miartu. and which
shall be a component of the downtown develop-
ment supplemental fee.
Whoiesaie industrial use shall mean manufac•
turmg, wholesale trade, warehousing and storage,
printing, automotive and heavy equipment repam
and other general commercial uses perrrutted within
CG•2 districts in the zoning ordinance.
Zorttng ordinance shall mean city Ordinance
No. 9500, as amended. or a successor ordinance.
:ne zoning ordinance of the City of Miami. (Ord.
No. 10461. 4 1, 7.14.88)
Sec. 13-44. Authority.
the city commission is authorized to establish
and adopt a downtown development supplemen-
.al fee pursuant to the authority granted by the
Florida Constitution, Article VTL Sections 1(f),
:+gj and 2(b), the Municipal Home Rule Powers
.act. Florida Statutes. chapter 166 (1985). the city
Charter. the Local Government Comprehensive
Panning and Land Development Regulation Act
F'.orida Statutes. section 163.3161, amended by
Florida Statutes. section 163.3177 in 1986) and
:he downtown Miami development of regional im-
pact development order issued December 10. 1987s.
by resolution numbers 87.1148 and 87.1149. The
provisions of this article shall not be construed to
limit the power of the city to adopt such article
pursuant to any other source of authority nor to
utilize any other methods or powers otherwise
available for accomplishing the purposes set forth
herein. either in substitution of, or in conjunction
with this article. (Ord. No. 10461. 1 1. 7•14.88)
Sec. 13-45. imposition of fee.
`'o building permits or major use special per-
mits shall be issued for any new development as
herein defined unless the applicant therefor has
Supo. No. 90
Attachment 0
1 : 3.46
paid the downtown development supplemental fee
imposed by and calculated pursuant to this aril-
cle. (Ord. No. 10461. 1 1, 7.14.88)
Sec. 13-46. Downtown development supple•
mental fee coefficients.
(a) Following shall be the coefficients by land
use for each of the four (4) components of the
downtown development supplemental fee.
Table 1. Fee Coefficients
(per gross equw* footage of floor areal
W11.1462u•
7Af
r•awr+w^
No^
A(,q,AWAP0
reu, fn
LAAd Us*N,nealre
A V Qwn r,
Arrow,
rn
CMAilevu
WIM
84732
80.031
to Ora
10040
to "I
ILturur+,a
10633
60.*27
to We
10054
t0'W
ean..111t,.n
to Its
to on
10 ots
Was()
to eat
Inaututunsil
11 620
so oea
64044
10050
3. 764
Wkeleftle
'nrrawal
10162
60007
to No
to oso
10 2e7
Mote(
110.363'
W.013'
to Ora
to oso
to 4e4.
Rn,aeu.l
60.17e1
14007.
$0.014
10 oso
to 2a1'
Recreation
64.126'
34.00e'
$0.046
10060
10 22Y
Notes;
' These fee coefficients for hotel use are based upon an
assumed average of 700 SF per natal room. &na snail be
adjusted for eacn development based upon a transports•
tlon mitigation fee of 11247 004 per room ana or. air quat-
lty fee of $10.478 per room.
' That fee coefficients for residential use are basso upon
an wumea average of 1000 SF per DU, ono snail os
adjusted for eacn development *seed upon a transport&•
tios mitigation fee of $166.363 per DU and an air quality
fee of S7.037 per DU.
' The" fat cooMments for attraetionsirtcrestlon use are
based upon an assumed average of 20 SF per seat and
shall be adjusted for each development based upon a
transportation mitigation fee of 82.317 per seat and an
air quality fee of $0.107tper seat.
(b) The proportionati share for each unit of land
use is calculated as follows:
(1) Transportation muigintor. The increment I
development order requires a fee of seven
million. five hundred forty-three thousand.
four hundred nineteen dollars 47.543. 419.00)
(in 1967 dollars) to mitigate the regional trams
portation impacts of total allowable develop-
ment. This fee was derived from estimated
.3
888 94- 8� l
$ 13-46
DE%'Ei.JPMEY : ;N1PAC" F=_-
Attachment C
improvements necessary to maintain the nun.
gross square footage of floor area. The total
imum level of service- standard on regional
amount of new development is estimated to
roasways impacted by total allowable devel•
be fourteen million. five hundred thousand.
optnent tree exhibit 2). The regional trans-
(14.500,000) SF during the time that ttie in.
portation mitigation fee of seven million, five
crement I development order is in effect. (Ord.
hundred forty-three thousand, four hundred
No. 10461. 1 1, 7.14.88)
nineteen dollars (37,543.419.00) is distributed
among uruts of land use in total allowable
Sec. 13-47. Procedure for calculation of down -
development based upon the average rate of
town development supplemental
generation of PM peak hour external motor
fee,
vehicle trips, as utilized in the CADA (see
Upon receipt of an application for a building
exhibit 31.
permit or a MUSP for a new development. t,ne
,2) Air quality. The increment I development order
planning department shall determine the amount
requires the city to perform monitoring and
of the downtown development supplementai tee
modeling for future carbon monoxide tCO)
due pursuant to the following procedure:
concentrations. and to take appropriate ac•
cons to prevent violations of the minimum
(1) Determine whether the development s exempt
standard for CO concentrations. The city es•
by virtue of the conditions specified herein:
timates its total cost for compliance with the
(2) Determine the applicable ;and usetsi based
air quality requirements of the increment I
upon the applicant's intended use and the
development order to be three hundred twenty
design and configuration of the space, and in
thousand dollars ($320,000.00) (see exhibit 4).
the event that a proposed use is not included
which is distributed among units of land use
in one of the land use categories defined here-
in total allowable development based upon
in. apply the defined land use category most
the average rate of generation of PM peak
similar to the proposed use in terms of the
hour external motor vehicle trips, as utilized
average rate of generation of P:V1 peak hour
in the CADA (see exhibit 5).
external motor vehicle trips:
-3) rDRLmester plan recouery. The total cost to
�3) Calculate the gross square footage, number
the city for preparing the downtown DRI. mas•
of dwelling units, number of hotel rooms. and
ter plan and related studies is estimated to
number of seats in attractions%recrestion fa -
be seven hundred thousand dollars 47,00.000.00),
cilities as appropriate for each land use:
which shall be distributed equally among all
(4) '.V.ltiply the appropriate units of each land
new development on the basis of gross square
use in the development by the appropriate
footage of floor area. The total amount of new
downtown development supplemental tee
development is estimated to be fourteen mil-
coefficients:
lion, five hundred thousand (14.300.0001 SF
during the time that the increment I devel•
(5) Upon written request of the applicant, review
opment order is in effect.
and reduce the amount of downtown devel•
opment.supplimental fee calculated. if appro•
14) Administration. The administrative cost to
prate. (Ord. No. 10461. 11. 7.14.88)
the city for -enforcing the requirements of the
- development order is estimated to be one hurt-
Slew 13�48. Administration of downtown de -
dyad forty -rive thousand dollars (3143.000.00)
velopment supplemental fee.
per year or a total of seven hundred twenty -
rive thousand dollars 1723.000.00) during the
(a) Collection of downtown development supple•
five (b) years that the incm- runt I development
mental fee Downtown development supplemental
order is projected to be in effect. These ad-
fees due pursuant to this article for administra-
ministrative costs shall be distributed equally
tion fees and DRVmaster plan recovery fees shall
among all new development on the basis of
be collected by the planning department at the
�/S
849
Upp. No. 30
839
.\(LA.\tl CODE
came of application for a MUSP, or if a V. USP is
not required, at any time prior to issuance of a
building permit. Downtown development sup•
plemental fees due pursuant to this article for
transportation impacts and air quality impacts
shall be collected by the planning department at
any time prior to issuance of a building permit.
(b) Transfer of • Winds to finance department upon
receipt of downtown development supplemental
fees, the planning department shall transfer such
funds to the city finance department which shall
be responsible for placement of such funds into
separate accounts as hereinafter specified. All such
funds shall be deposited in interest -bearing ac•
counts in a bank authorized to receive deposits of
city funds. Interest earned by each account shall
be credited to that account and shall be used solely
for the purposes specified for funds of such account.
(c) Establishment and maintenance of accounts.
The city finance department shall establish sepa.
rate accounts and maintain records for each such
account, whereby downtown development supple•
mental fees collected can be segregated by each of
the four t4) fee components: Transportation miti•
gation fees, air quality fees. DRUmaster plan re-
covery fees, and administration fees.
1d) ,%fatritenance of records. The city finance de.
partment shaii maintain and keep adequate fi.
nancmi records for each such account which shall
snow the source and disbursement of all revenues.
'A•nich shall account for all moneys received: and
which shall ensure that the disbursement of funds
from each account shall be used solely and exclu.
lively for the provision of projects specified in the
downtown development orders. the administration
fee and the DRLmaster plan recovery fee. In con-
nection with capital improvement projects. funds
may be used for planning, design. construction.
land- acquisition, financing, financial and legal
services. and administrative costs.
(a) Refund of downtown development supplemen-
tal fee.
(1) The current owner of property on which a
downtown development supplemental fee for
transportation mitigation and air quality has
been paid may apply for a refund of such fee
if; the city has failed to encumber or spend
SuPP. So. 30
Attachment C
346
the collected fees by the end of the calendar
quarter immediately following six (6) vears
of the date of payment of the fee: or the bulid-
ing permit for which the transportation•mit•
igation or air quality fee has been paid, has
been terminated or expired for noncommence-
ment of construction; or the project for which
a building permit has been issued has been
altered resulting in a decrease in the amount
of the transportation mitigation or air qual•
ity fee .due. Downtown development suppie•
mental fees paid for administration and
DRLmaster plan recovery are not refundabie.
(2) Only the current owner of property may pets•
tion for a refund. A petition for refund shall
be filed within one i 1) year of any of the
above specified events giving rise to the right
to claim a refund.
(3) The petition for refund shall be submitted to
the city manager or his duly designated agent
on a form provided by the city for such pur•
pose. The petition shall contain: a notarized
affidavit that petitioner is the current owner
of the property; a certified copy of latest tax
records of Metropolitan Dade County show•
ing the owner of the subject property; a copy
of the dated receipt for payment of the fee
issued by the city's planning department: and
a statement of the basis upon which the re-
fund is sought.
,4) Within one i 1) month of the date of receipt of
a petition for refund, the city manager or nts
duly designated agent must provide the peti-
tioner. in writing, with a decision on the re-
fund request. The decision must include the
reasons for the decision including, as may be
appropriate, a determination of whether the
collected fees hav*been encumbered or spent
in accordance with the requirements of this
article. If a refund is due to the petitioner.
the city manager or his duly designated agent
shall notify the city's finance director and
request that a refund payment be made to
the petitioner.
(3) Any money returned pursuant to this subsec-
tion shall be returned with interest at the
rate of three (3) percent per annum. 033
94- 849
$90
3�
0EV::.CP.N1EST NPAC7 FEES
,6) Petitioner may appeal the determination of
the city manager to the impact fee board of
review subject to the time limitations and
procedures for appeals to that board set forth
in section 13.16 of the City Code.
(f) Annual review and modi{ieation The city
shall annually review downtown development sup-
plemental fee ordinance procedures, assumptions,
formulas. and fee assessments and make such
modifications as are deemed necessary as a result
of:
l) Development occurring in the prior year:
2) amendments to the development order:
,3) Changing needs for facilities and/or services:
-4, I%nation and other economic factors;
15) Revised cost estimates for public improvements
and, or services.
,6) Changes in the availability of other funding
sources:
Such other factors as may be relevant. (Ord.
No. 10461. 1 1. T • 14.88)
Sec. 13.49. Bonding of capital improvement
projects.
he city may issue bonds, revenue certificates
and other oongations of indebtedness in such man•
ner and subject to such limitations as may be
provided by iaw. in furtherance of the provision
of downtown development supplemental fee related
projects. Funds pledged toward retirement of bonds.
revenue certificates or other obligations of indebt.
edness for such projects may include impact fees
and other city revenues as may be allocated by
the city commission. Fees paid pursuant to this
article, however, shall be restricted to use solely
and exclusively for the purposes of the article and
for financing, directly, or as a pledge against bonds.
revenue certificates and other obligations of in•
"debtedness. (Ord. No. 10461, 11. a •14.88)
Sec. 13-30. Appeal procedures; impact fee
board of review.
The downtown development supplemental fee
ordinance hereby incorporates by reference the
Sapp. No. 30
Attachment C
appeals board and procedure as set forth :n sec.
tions 13.16. 13.17. 13.18, 13.19 and 13.20 of :he
City Code and hereby establishes their aooiica•
bility for any appeals undertaken pursuant to
this article. (Ord. No. 10461, 1 1, , •14.88)
Sec. 13-51. Effect of downtown development
Supplemental fee on plataaing, xon•
ing, subdivision, and other regula-
tions.
This article shall not affect, in any manner. the
permissible use of property, density of deveiop.
meet, design and improvement standards and re.
quirements or any other aspect of the develop,
ment of land or provision of public improvements
subject to the city's comprehensive plan, zoning
regulations. subdivision regulations, or other regu-
lations of the city, all of which shall be operative
and remain in full force and effect without limi•
tation with respect to all sucn development. i0rd.
No. 10461. 1 1. 7.14.86)
Sec. 13-32. Downtown development supple•
mental fee as additional and sup-
plemental requirement.
The City of Miami downtown development sup-
plemental fee is additional and supplemental to
and not in substitution or duplication of any other
requirements imposed by the city on the devei•
opment of land or the issuance of building per.
mats. It is intended to be consistent with and to
further the objectives and policies of the down-
town development order, the comprehensive plan.
the zoning ordinance. and to be coordinated with
the city's capital improvement program and other
city policies. ordinances and resolutions by which
the city seeks to ensure the provision of public
facility improvements and services in conjunction
with the development of land. In no event shall a
property owner be obligated to pay for the same
improvement(s) in an amount in excess of the
amount calculated pursuant to this article; pro-
vided. however. that a property owner may be
required to pay, pursuant to Metropolitan Dade
County, state. and/or city regulations. for other
public facilities in addition to the supplemental
fee related improvea mts as specified iersin. (Ord.
No. 10461. 11. 7•1448)
94- 849
891
Attachment C
6 13.53 mLA.ml CODE
Sec. 13.53. Conflicting ordinances.
pacts, of the non-DRI scale emulative growth
on the downtown area:
All ordinances, code sections. or parts thereof
in conflict herewith are hereby repealed to the (4)
Development within the project area is ex•
extent of such conflict. (Ord. No. 10461. 11. 7.14-8)
petted to continue to be accomplished over
an extended period of time by a variety of
Sec. 13.54. Severability.
developers, which may include the city. 'These
developers may respond to market demand
In the event that any portion or section of this
and technologies that can only be estimated
article or the development orders for downtown
in the CADA. The CADA and the DO are
Miami is determined to be invalid. illegal.or
intended to serve as flexible guides for
unconstitutional by a court or agency of compe•
planned development of the project area
tent ;urisdiction. such decision shall in no man•
rather than a precise blueprint for its de•
ner affect the remaining portions of this article or
velopment. Therefore, pursuant to Florida
the development orders for downtown Miami, which
Statutes, section 380.06(21Xb) (1987), the
shalt remain in full force and effect. (Ord. No.
CADA seeks master development approval
10461, ; 1, 7.14.88)
for three (3) increments of deveiopment over
a period of approximately twenty (20) years
Sec. 13.55. Findings.
and specific development approval for in.
The city commission of Miami, Florida (herein.
crement I, which is the first phase of de -
after "commission") hereby finds and declares that:
velopment projected for a period of approx•
imately five (5) years. Subsequent incremen•
(1) The real property which is the subject of
tal applications may need to be adjusted to
this article. the project area, is legally de-
more nearly serve the evolution of market
scribed in exhibit 1:
demand and technologies:
13) The ODA has filed a CADA with the city, (51
The project area contains a total of approx.
the South Florida Regional Planrung Coun•
imately eight hundred thirrynine (839) acres.
cil. and the Florida Department of Com•
including approximately seventy-eight (7 8)
munity affairs:
acres presently zoned and developed as city
parks. The CADA has proposed a quantity
13) 1"he purpose of the CADA is to identify and
of net new development within the project
assess regional impacts and to obtain ap•
area for the land uses and phases defined
provai for total allowable development in
herein as total allowable development:
accordance with the general guidelines sec
forth in the development orders and the (6)
A comprehensive assessment of the proba•
CADA. The city has recognized the project
ble impacts that will be generated by the
area as a single area of high intensity do-
total allowable development has been con•
velopment and focused on the impacts that
ducted by various city departments. as re -
the total allowable development within the
flected in the CADA, and as reviewed by
project area will have on land. water, trans.
the South Florid*Regional Planning Coun•
portation. environmental, community ser•
cil staff;
vices. energy and other resources and sys• (7)
The impacts found in the development order
tems of regional significance. Tate CADA
are consistent with the report and recom•
seeks a single state DRI review process for
mendations of the South Florida Regional
overall phased development of the down.
Planning Council, entitled "Development
town area rather than requiring each indi-
of Regional Impact Assessment for Down•
vidual DRI scale development within the
town Mid; • dated October 5, 1987;
downtown area to be reviewed separately
(8)
Net new development impom demands upon
other than for a major use special permit
facilities and services benefiting the
and as a means of accommodating the im•
public
Supp. No. 30
9 4 - 819 ,J
892
:3.55
(9)
DEVELOPMENT �tPACT FEre
region and requires additional regional
infrastructure:
-o the extent that net new development
places demands upon regional public facil-
ities and services, those demands should be
satisfied by developments actually creating
the demands;
(10) The limiting factors determining the amount
of potential development in the project area
are the effects of net new development on
transportation facilities and air quality.
(1!) The downtown DRI and the downtown mas-
ter plan are of benefit to all new develop-
ment in the project area and expenses in.
curred by the city in connection with the
preparation and adoption of the downtown
DRLmaster plan and for the enforcement
of the development orders should be reim-
bursed to the city by the new development
benefiting therefrom.
(12) The total amount of the downtown devel-
opment supplemental fee is determined by
the cost of the four (4) components of the
fee: 1) transportation mitigation fee: 2) air
quality fee. 3) downtown DRI/master plan
recovery fee: and 4) administration fee. The
most appropriate measure to distribute the
proportionate share of the cost of the trans-
poration mitigation fee and the air qual-
ity fee shall be the average rate of genera•
tion of FM peak hour external motor vehi-
cle trips for net new development in each
land use category, as utilized in the CADA.
ORL'fnaster plan recovery fees and admin-
istration fees are most appropriately allo-
cated to all new development at an equal
rate for all land use categories.
(131 The downtown development supplemental
fee is being imposed on all new develop-
ment in order to pay the costs of certain
development order related requirements. as
described above. Since the demand for such
development order related requirements are
uniquely created by the new development.
the downtown development supplementary
fee is equitable and does not impose an
unfair burden on such development is in
Supp, So. 30
Attachment C
:3 6:
the best interest of the city and its r esi•
dents. (Ord. No. 10461. 1 1, 1.14.88)
Secs. 13-.56--13-60. Reserved.
ARTICLE III. SOUTHEAST OVERTOWN.
PARK WEST DEVELOPMENT
SUPPLEMENTAL FEE*
Sec. 13-61. Sbort title.
This article shall be known and cited as -.ne
"City of Miami Southeast OvertowrvPark Vest
Development Supplemental Fee Ordinance." -Ord.
No. 10465. 3 1, 7.21.86)
Sec. 13-62. Intent.
This article is intended to ,mpose the Southeast
OvertowrvPark West development supplemental
fee as a supplemental fee on a new development
within the Southeast OvertowrvPark West project
area, utilizing the defined terms in section 13.66.
below. The Southeast Overtown;Park West devei•
opment supplemental fee comprises four (4) com-
ponents including a transportation mitigation fee.
an air quality fee, a ORL'master plan recovery fee
and an admina=ation fee. The Southeast Overtown
Park West development supplemental fee is pay-
able prior to the time of building permit issuance
or upon approval of certain permits, as provided
for herein, to an amount based upon the appro-
priate units of land use. in order to mitigate the
impacts of the proposed development in the project
area as described in exhibit 1, since the demand
for the mitigation is uniquely attributable to such
new deveiopment and net new development on an
area wide basis.
This article shall be uniformly applicable to ail
new developmenti •and net new development within
the project area. However. certain fees applicable
893
@Mter's note —Ord. No. 10463 enacted previsions relat-
ing to the Southeast OvSMov ivpark west development cup-
plemoatal fee. numbered as 13.9-1-13.5•13. Ear pus9041ee of
claNdleatton. the oditer has included this material as ar. I^
of eh. 13. numbering it 1341-13-73, The eshtbita referred to
in this article an net reproduced in the Code but can be found
an 1116 in the offm of the city chit.
94- 849
A
LK
ATTACHMENT D
94- 849 37
Attachment D-1
Explanation of Addition and Decrease of Land Use
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."
Furthermore, pursuant to section 380.06(19)(e)5.a., Florida Statutes, change to a new land use
for less than 15 percent of the acreage previously approved in DRI is presumed not to be
substantial deviation. The City of Miami Downtown Development of Regional Impact (DDRI)
was originally approved for 839 acres. The marine facility is proposed to encompass
approximately 230,000 square feet or approximately 5.3 acres. This change to a new land use
represents less than one percent of the previously approved DDRI and is therefore presumed not
to be substantial deviation.
The impact of the proposed 230,000 square foot marine facility on the downtown roadways was
analyzed (see Attachment D-2) and it was determined that the facility will create approximately
145 vehicles during the p.m. peak hour. The land use exchange rate for office use as established
in Increment I to allow the simultaneous increase and decrease in land use, and shown below in
Table 1, is 0.0005985 trips per square foot. By dividing the 145 p.m. peak hour trips associated
with the marine facility by the office trips per square foot it is found that the office land use
category must be reduced by 242,273 square feet to allow the marine facility (145 p.m. peak hour
trips/0.0005985 trips per gross square foot of office = 242,273 square feet of office use). In
other words, to accommodate the 145 peak hour trips of the new land use an equivalent reduction
of 145 p.m. peak hour trips would be achieved by deducting 242,273 gross square feet from the
office use category; thus a total of 6,677,277 gross square feet of office use is proposed.
It is important to note that if the exchange of the 145 p.m. peak hour trips is based on Institute
of Transportation Engineers, "Trip Generation Manuel" (ITE 5th Edition) trip rates/land use
square footages that the office use category would only need to be reduced by 72,000 square feet
to accommodate the marine facility land use. It is believed that part of the reason for the disparity
between exchange rates shown in the "Land Use Exchange Rate Table" previously established by
the City of Miami and the ITE 5th Edition trip rates/land use square footages is that the "Land Use
Exchange Rate Table" is based on ITE 3rd Edition (1982). The City of Miami intends to update
the "Land Use Exchange Rate Table" based at least in part on ITE 5th Edition and reserves the
right to review and, if warranted, modify the amount of office land use being exchanged in this
NOPC.
6 8 ��- 849
x
Office
0.0005985
Retail/Service
0.000519
Hotel (per room)
0.202
Residential (per d.u.)'
0.1360563
Convention
0.000114
Wholesale/Industrial
0.0001324
Instituional
0.00132
Attractions/Recreation
(per seat)
0.0020588
Marine Facilities
0.0005985
k�
1
Table-1
LAND USE EXCHANGE RATES FOR DOWNTOWN DRI
(per gross square footage, except as otherwise indicated)
Office
Retail/
Hotel
Residential
Convention
Wholesale/
Institutional
Attractions/
Marine
Service
(per room)
(per d.u.)
Industrial
Recreation
Facilities
(per seat)
If 0.0005985
0.000519
0.202
0.I360563
0.1360563
0.000114
0.00132
0 0020'S88
0.0005985
1.0000
1.1532
0.0030
0.0044
5.2500
4.5204
0.4534
0.2907
1.0000
0.8672
1.0000
0.0026
0.0038
4.5526
3.9199
0.3932
0.2521
0.8672
337.5104
389.2100
1.0000
1.4847
1,771.9298
1,525.6789
153.0303
98.1154
337.5104
227.3288
262.1509
0.6735
1.0000
1.193.4763
1,027.6156
103.0730
66.0852
227.3288
0.1905
0.2197
0.0006
0.0008
1.0000
0.8610
0.0864
0.0554
0.1905
0.2212
0.2551
0.0007
0.0010
1.1614
1.0000
0.1003
0.0643
0.221.
2.2055
2.5434
0.0065
0.0097
11.5789
9.9698
1.0000
0.6412
2.2055
3.4399 3.9669 0.0102 0.0151 i8.0596 15.5498 1.5597 1.0000 3.43"
1.0000 1.1532 0.0030 0.0044 5.2500 4.5204 0.4534 0.2907 1.0000
formula for calculation x/y - exchange rate
x and y both represent the number of PM Peak Hour External Motor Vehicle Trip Ends per unit of leind use
derived from the Downtown Miami A.D.A.
Attachment D-2
Downtown Miami DRI Marine Facilities Trip Generation Analysis
The impact ofthe proposed cruise facilities on the downtown roadways has been analyzed using three
scenarios relating to the cruise operations schedule and future roadways/transit improvements in
Downtown Miami. Scenario A involves extracting cruise related traffic demand and related traffic
factors from the existing overall operations of the Port of Miami (POW, and applying the traffic
factors to estimate future demand for the proposed cruise facilities. Scenario B entails utilizing POM
future plans as they relate to number of ships, capacity utilization of the ships and ships
departure/arrival times. Scenario C touches upon planned transit and highway improvements in
Downtown Miami.
Scenario A
Scenario A determines the number of trips generated by the 1800 and 3400 passenger cruise ships
traffic on Friday from 4:00 PM to 5:00 PM. This is the peak traffic demand time period during the
week for the roadways in the vicinity of the Port of Miami (POW.
The majority of traffic generated by the Port of Miami is related to the cruise and cargo activities.
Historically the peak traffic demand related to the Port activities occurs during the hours of 11:00
AM to 2:00 PM. Based on April 1994 traffic data, the peak hour traffic was generated between
12:15 PM and 0 1: 15 PM.
However, the cruise and cargo related traffic demands occur during separate days of the week and
during separate hours. The peak traffic demand hour for the POM does not coincide with the peak
of adjacent roadways (such as Biscayne Boulevard). The adjacent roadways peak traffic demand
hour occurs typically between 4:00 PM to 5:00 PM.
To determine the estimated traffic demand for the Bicentennial Park cruise facilities during the hours
of 4:00 PM to 5:00 PM, the data from previous studies for the POM was used and analyzed. Some
of the traffic characteristics from this data and assumptions are outlined below.
• 58% of the POM traffic is cruise related traffic
• 42% of the POM traffic is cargo related traffic
• 52% of the total vehicles on the Port are passenger vehicles.
• Trips rate per cruise passenger per day is 1.68.
• The 1990 daily traffic patterns are assumed to be similar.to the 1994 daily
traffic patterns.
• The 1990 hourly traffic patterns from 4:00 PM to 5:00 PM are assumed to be similar
to the 1994 hourly traffic patterns.
• Cruise ships operate at 90% of their capacity.
40 94- 849
Table 1 shows the cruise and cargo related volumes and modal splits. The two locations on Dodge
Island, where the traffic counts were collected, are at the entrance of the island (on the Port
Boulevard bridge) and at the cargo entrance.
At the entrance of Dodge Island, the 1990 average April weekday traffic count on the Port bridge
is 18,796 vehicles per day (vpd). This number is composed of passenger cars (80%), buses (M),
2-axle trucks (4%) and large trucks (11%). The passenger vehicle (passenger cars, buses, and taxis
volume entering the port each day is 15,977 vehicles per day.
From Table 1, the daily traffic is comprised of cruse traffic 58% or 10,900 vehicles per day and cargo
traffic 42% or 7,896 vehicles per day. At the cargo entrance, passenger vehicles are 76% of the
cargo related traffic or 6,000 vehicles per day.
Therefore, cruise passenger traffic is determined by deducting the cargo passenger traffic (6,000 vpd)
from the total passenger vehicles (15,977 vpd). This gives cruise passenger vehicles of 9,980 vpd,
which constitute 52% of the total vehicles on the island. On Fridays, all arriving cruise ships arrive
between 7:00 AM to 9:00 AM and all departing ships depart between 4:00 PM to 6:00 PM ( See
Table 4). Further, the busiest departing time period on Fridays is between 4:00 PM to 5:00 PM.
Therefore, the cruise related traffic percentage between 4:00 PM to 5:00 PM would be much lower
than the daily split of 52%. Assuming the impact of departing cruise ships to be 50% of the total
cruise operations, the cruise related traffic percentage between 4:00 PM to 5:00 PM would be 50%
of 52% or 26% of the total traffic.
The historical 1990 hourly volume generated by the POM between 4:00 PM and 5:00 PM is 1,740
vehicles per hour (vph). Therefore, the total hourly volume of cruise related traffic between 4:00 PM
and 5:00 PM is 26% of 1,740 or 452 vph.
This gives the peak hour ratio of the hourly cruise related traffic volume Between 4:00 PM to 5:00
PM -to the daily cruise related traffic volume of 0.046.
From Table 2, the daily trips per cruise passenger are 1.68. The capacity of the two cruise ships at
the Bicentennial cruise terminals is 1800 and 3400 passengers respectively. Based on current cruise
operating conditions, it is assumed that both ships would operate at 90% of their capacity. Therefore,
the projected cruise ships capacity is 4,680 passengers.
Now, multiplying the daily vehicle trip rate (1.68) by 90% of the combined capacity for both ships
results in 7,860 daily vehicle trips.
The vehicle trips generated by the cruise passenger traffic between 4:00 PM to 5:00 PM are
determined by multiplying the daily vehicle trips (7,860 vpd) by the peak hour ratio of 0.046 that was
determined above. This gives estimated peak hour traffic volume of 360 vph for the future cruise
facilities.
Downtown Miami DRI Marine Facilities Trip Generation Analysis Page 2 of 4
September 7,1994
9A- 849 41
Scenario B
Scenario B involves determining the impact of the 7-day and the 3 or 4 days cruise operations on
Friday's peak hour traffic demand. It also assesses the type of cruise related traffic, i.e., passenger
cars, taxis, or buses, that would impact Fridays peak hour traffic demand. This scenario is based on
the following assumptions.
• It is assumed that the cruise ships would operate at 90% capacity.
• Occupancy of buses - 30 persons per bus
• Occupancy of passenger vehicle - 2.5 persons per vehicle
• The existing cruise operations pattern would be followed.
• The POM plans to use the modal split as shown in Table 5 and Table 6.
• The POM plans to operate the 3400 passenger ship for seven days cruise trips
and the 1800 passenger ship for the 3/4 days cruise trips.
Table 3 and Table 4 show the 1994 cruise schedules. As shown in Table 3, the peak hour for
departure for a 7-day cruise is on Saturday or Sunday from 4:00 PM to 5:00 PM. The peak time
period for arrival on Saturday or Sunday is from 8:00 AM to 8:30 AM. Therefore, the future 3400
passenger ship, operating on 7-day cruse schedule, would not impact the Friday PM peak hour traffic
conditions.
From Table 5, the modal split for a 7-day cruise is 80% buses, 12% taxis, and 8% passenger cars.
Based on the occupancy assumptions outlined above, this results in 82 buses, 147 taxis and 98
passenger cars ( See Table 7.)
Table 4A shows the peak hour for departure for 3 or 4 days cruises on Monday or Friday from 4:00
PM to 5:00 PM. The peak hour for arrival is on Monday or Friday from 7:00 AM to 9:00 AM. The
cruise traffic generated from the 3 or 4 days cruise would have an impact on the peak demand hour
on Friday from 4:00 PM to 5:00 PM. However, the departing passengers normally arrive at the
cruise terminals approximately one and a half hour before the scheduled departures, therefore,
conservatively it can be assumed that 50% of the departing cruise traffic would arrive at the terminals
in the hour from 4:00 PM to 5:00 PM (see Table 4B). The distribution of this 50% cruise traffic
would be more concentrated in the first half hour as cruise passengers are expected to be on board
before the exact departing time of the ships. Table 7 shows 3 or 4 days cruise related total traffic
volume of 291 vph.- Therefore, the Friday peak hour cruise related traffic volume would be 50% of
291 vph or 145 vph.
Scenario C
Currently there are long term plans under preparation to provide for transit link between the airport
and the seaport. .Also, a tunnel link between POM and I-395 is being studied. All these
improvements would alleviate impacts of the Port related traffic on the downtown streets.
Downtown Miami DRI Marine Facilities Trip Generation Analysis Page 3 of 4
September 7,1994
94- 849
Equivalent Office Area Determination
From the above discussion, Scenario B provides the most direct relationship between cruise
operations and their impact on traffic conditions. This is because Scenario B relies on more
independent parameters relating to cruise operations, such as cruise schedule, ships capacity, etc.
Scenario A involves extrapolation and deduction based on overall port operations and thus
incorporates dependent parameters. Scenario C addresses long-term transportation improvements
whose impacts are substantially preliminary at this time and, therefore, do not provide quantifiable
data.
Therefore, it is appropriate to use Scenario B to estimate the equivalent office square footage. Using
ITE Trip Generation Manual, 5th Edition, the equivalent office area is 72,000 sq. R.
A"Maywmlportp lwpdt9.7.94
Downtown Miami DRI Marine Facilities Trip Generation Analysis Page 4 of 4
September 7,1994
94_ 849 45
Table 1
Port of Miami Traffic Volumes By Mode
Table 2
Port of Miami Trip Generation Rates
IN
OUT
TOTAL
Daily Trips Per Passenger
0.84
0.84
1.68
AM Tti s Per 1,000 Passengers
50.67
50.67
101.34
PM Trips Per 1,000 Passengers
62.18
51.42
113.6
44
�4- 849
f/sprdsht/pom/crustrf/9-8-94
Table 3
1994 7-Day Cruise Schedule
Departure
Saturday
Sunday
Size
Time
Sig
Time M
1500
6:00
800
4:30
1486
4:00
1350
4:30
1452
4:00
2354
5:00
2022
4:30
840
4:00
2276
5:00
1534
4:30
2040
4:00
Arrival
Saturday
Sunday
Sig
Time M
Size Ji
e AM
1500
8:00
800
8:00
1486
8:00
1350
8:00
1452
8:00
2354
8:30
2022
8:00
840
8:00
2276
8:30
1534
8:00
2040
8:00
Table 4A
1994 3 or 4 Day Cruise Schedule
Departure
Monday
Friday
Size
Time (PM)
Size
Time PM
588
4:30
588
4:30
2040
4:00
2040
4:00
1600
5:00
1600
5:00
1056
4:30
1056
4:30
1534
4:30
1534
6:00
Source: Port of Miami, Dade county, Florida
Arrival
Monday
Friday
Size
Time (AM)
Size
Time AM
588
8:00
588
8:00
2040
7:00
2040
7:00
1600
9:00
1600
9:00
1056
8:00
1050
8:00
1534
7:30
1534
7:00
��- 849 4E5
f/sprdsht/pom/crustrf/9-8-94
i
Table 4B
1994 3 or 4 Day Cruise
Estimated Arrival Time of Departing Passengers [1]
Monday
Ship
Departure
Passenger
Size
Time PM
Arrival Time (PM)
588
4:30
3:00
2040
4:00
2:30
1600
5:00
3:30
1056
4:30
3:00
1534
4:30
3:00
Fdda
Ship
Departure
Passenger
Size
Time
Arrival Time (PM)
588
4:30
3:00
2040
4:00
2:30
1600
5:00
3:30
1056
4:30
3:00
1534
6:00
4:30
[1] Departing passengers normally arrive at the cruise terminals approximately one and a half
hours before the scheduled departures.
94- 849
f/sprdsht/pom/crustrf/9-8-94
Table 6
MODAL SPLIT FOR 7-DAY CRUISE
is
Cruise Type
Capacity
(Passengers);
_90% :.:
Occupancy.::
Passen ers
Passengers By Mode
::80% Bus
...
Passen era
-12% Taxi
(Passengers) (
8%.. Car
Passen ers
7 Days
3400
3060
2448
367
245
Table 6
MODAL SPLIT FOR 3/4 DAYS CRUISE
-
Cruise Type
: Capacity
Passen ers
.90% .,
Occupancy:,
(Passengers)
Passengers By Mode
60°% Bus .
(Passengers) (
26% Taxi
(Passengers):
15% Car
Passen ers
3/4 Days
1800
1620
972
405
243
Table 7
ESTIMATED VEHICLE TRIPS
90 0
Cruise Type
Capacity
Occupancy
Buses
Taxis
> Cars
Total
.Passen ers
v h(Passengers):v
h"
v h
v h
7 Days
3400
3060
82
147
98
327
3/4 Days
1800
1620
32
162
97
291
Notes:
1. Assuming 30 persons per bus and 2.5 persons per passenger vehicle
2. vph denotes vehicles per hour
94— 849 4
7
f/sprdsht/pom/crustrf/9-8-94
---
� '.= - i �.
Attachment r
CENTRAL COMMERCIAL
® HIGH INTENSITY
CENTRAL COMMERCIAL
MODERATE INTENSITY
®LIBERAL COMMERCIAL
(W MOLESALE/INDUSTRIAL)
GOVERNMENT OFFICE/
INSTITUTIONAL USE
SPECIAL MIXED USE
® RETAIL
PARK
oovw fto #4w AwcgR h► OrWr► VANN AR/ VA K W8wp •#rd Arr JftVM I L wwmwamw bo+wrlr, c~wwa ma
4
MAP H - MASTER LAND USE PLAN 4
I
DOWNTOWN MASTERPLAN
DEVELOPMENT OF REGIONAL I M PACT
ATTACHMENT F
gm- 849 /��
Edo
9/21/94
J-94-
Oppff4
RESOLUTION NO. 94-
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), FOR THE AREA OF THE CITY OF MIAMI
UNDER THE JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (WITH THE EXCEPTION OF
THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AREA); BY AMENDING THE MASTER
DEVELOPMENT ORDER TO CORRECT THE NAME OF THE
DEPARTMENT, BY EXTENDING THE MASTER
DEVELOPMENT ORDER AND INCREMENT III
BUILDOUT/TERMINATION DATES FROM DECEMBER 31,
2007 TO DECEMBER 30, 2014 AND BY CHANGING THE
INCREMENT I PROJECT DESCRIPTION; BY AMENDING
THE INCREMENT I DEVELOPMENT ORDER TO EXTEND
THE BUILD-OUT/TERMINATION DATE OF INCREMENT I
FROM DECEMBER 30, 1997 TO DECE1 BER 30, 1999,
SIMILARLY EXTENDING THE DATE FOR PROTECTION
AGAINST DOWNZONING, EXTENDING THE DATE FOR
COMPLETING AIR QUALITY MONITORING FROM MARCH
15, 1994 TO MARCH 15, 1997, EXTENDING THE
TIME TO CONTRACT FOR CONSTRUCTION OF
TRANSPORTATION IMPROVEMENTS FROM EIGHT YEARS
TO TEN YEARS FROM THE EFFECTIVE DATE OF THE
DEVELOPMENT ORDER, SIMULTANEOUSLY ADDING A
NEW LAND USE CATEGORY AND INCREASING AND
DECREASING THE QUANTITIES OF DEVELOPMENT IN
CERTAIN LAND USE CATEGORIES IN INCREMENT I
AND BY AMENDING THE INCREMENT II BUILDOUT
DATE FROM DECEMBER 31, 1998 TO DECEMBER 30,
2005; 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
- 1 - 94- 849 .
52
No. 87-1149 approving the Increment I development order for the
Downtown Miami Development of Regional Impact; and
.WHEREAS, development in the downtown area has progressed at
a slower rate than anticipated in the Increment I development
order and the amendments thereto, thereby necessitating an
extension of the project build-out/termination date and several
related deadlines within the development orders; and
WHEREAS, a new land use category for Marine Facilities needs
to be created to accommodate proposed new development, while
there is a surplus of unused development in the office land use
category; and
WHEREAS, the proposed changes in the buildout/termination
dates and the creation of the aforementioned new land use
category are compatible with the uses designated for the downtown
area and do not conflict with the land use designations for the
area as designated in the Miami Comprehensive Neighborhood Plan
1989-2600 Future Land Use Plan Map; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on September 21, 1994, following an advertised public
hearing, adopted Resolution No. PAB _-94 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 September 9, 1994, the Downtown Development
Authority submitted a "Notification of a Proposed Change to a
- 2 -
9a_ 849
Previously Approved DRI," to the City of Miami, the South Florida
Regional Planning Council, and the Florida Department of
Community Affairs; and
WHEREAS, on October 27, 1994, the Miami City Commission.held
a public hearing on the proposed amendments to the Master and
Increment I development orders for the Downtown Miami Development
of Regional Impact as attached hereto; and
WHEREAS, the City Commission determined that all
requirements of notice and other legal requirements have been
complied with for an amendment to the Master and Increment I
development orders for the Downtown Miami Development of Regional
Impact; and
WHEREAS, the City Commission deems it advisable and in the
best public interest of the general welfare of the City of Miami
to amend the Master and Increment I development orders for the
Downtown Miami Development of Regional Impact as hereinafter set
forth;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The 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),
which are attached hereto as Exhibit "A" and made a part hereof,
94- 849 53
do not constitute a substantial deviation and, therefore, do not
require further development of regional impact review pusuant 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 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 , 1994.
ATTEST:
r
;4 MATTY HIRAI, CITY CLERK
- 4 -
STEPHEN P. CLARK, MAYOR
9A_9
PREPARED AND APPROVED BY:
J EL E. MAXWELL
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
ar-
- 5 -
Exhibit "A"
Master Development Order
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning,
Building and Zoning Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year -2W 2014, including the following land uses and increments:
Land uses
Increment I
Increment II
Increment III
Totals
Buildout-
Buildout-
Buildout-
Dec.30, 1999
Dec.30, 2005
Dec.30, 2014
Office
(gross square feet)
619i9;558
3,600,000
3,700,000
14,2
6,677277
13,977,277
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(rooms)
1,500
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
Attractions/Recreation
(seats)
6,500
1,600 5,000
13,100
Marine Facilities
230,000
230,000
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
94- 849
— 1 —
57
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 know as "Park West",
as illustrated on the -map in Exhibit 1 and described in Exhibit 2 attached
hereto. The Project Area contains a total of approximately 839 acres of
land, including approximately 78 acres currently zoned and developed as City
parks.
— 2 —
94- 849
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning,
Building and Zoning Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2904 2014, including the following land uses and increments:
Land uses Increment I Increment II Increment III Totals
Office
(gross square feet)
Government Office
(gross square feet)
Retail/Service
(gross square feet)
Hotel
(rooms)
Residential
(dwelling units)
Convention
(gross square feet)
Wholesale/Industrial
(gross square feet)
Institutional
(gross square feet)
Attractions/Recreation
(seats)
'Marine Facilities
Buildout- Buildout-
Dec.30, 1999 Dec.30, 2005
6,919,559 3,600,000
6,677277
300,000 250,000
1,050,000 400,000
1,500
3,550
500,000
1,050,000
300,000
6,500
230,000
500
2,550
X
Buildout-
Dec.30, 2014
3,700,000 14,219,550
13,977,277
200,000 750,000
500,000 1,950,000
1,100 3,100
2,920 9,020
0 500,000
0 1,050,000 2,100,000
0 300,000 600,000
1,600 5,000 13,100
230,000
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
such development to be located anywhere within the Project Area, subject to
94- 849 -51?
- 1 -
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 know as "Park West",
as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached
hereto. The Project Area contains a total of approximately 839 acres of
land, including approximately 78 acres currently zoned and developed as City
parks.
94- 849
— 2 —
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
DEFINITIONS: For the purposes of this Development Order, the following terms
shall be defined as"follows:
ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the ODA on November 25, 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 16 on page 13 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Bulding
Code, for any "Net New Development" as defined herein.
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. / I
— 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.
94- 849
- 4 -
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
6,919,550 6,677,277 gross square feet
300,000 gross square feet
1,050,000 gross square feet
1,500 rooms
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
6,500 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 Project:
94- 849
- 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.
D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
E. The purpose of the CADA is to identify and assess probable regional
impacts and to obtain approval for Total Allowable Development in
accordance with the general guidelines set forth in this Development
Order and the CADA. The concept is to recognize the Project Area as a
single area of high intensity development and to focus the DRI review
process primarily on the impacts that Total Allowable Development
within the area will have on land, water, transportation, environmental,
community services, energy and other resources and systems of regional
significance. The CADA seeks a single DRI review process for overall
phased development of the downtown area rather than requiring each
individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
9d-- 849
6 0
demand and technologies that can only be estimated in the CADA. The
CADA is intended to serve as a flexible guide to planned development of
the Project Area rather than a precise blueprint for its development.
Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master
development approval for three increments of development over a period
of approximately twenty years and specific development approval for
Increment I, which is the first phase of development projected for a
period of approximately five years. Subsequent incremental applications
may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
G. The Project Area contains a total of approximately 839 acres, including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
H. The Project is not located in an area of critical state concern as
designated pursuant to F.S. 380 (1987).
I. A comprehensive review of the probable impacts that will be generated by
Increment I of the Project has been conducted by various City
departments, as reflected in the CADA, and the South Florida Regional
Planning Council staff.
J. This Development Order is consistent with the report and recommendations
of the South Florida Regional Planning Council, entitled "Development of
Regional Impact Assessment for Downtown Miami - Increment I," dated
October 5, 1987. The South Florida Regional Planning Council recommends
approval of Increment I of the Project, and all conditions to which such
approval is subject are reflected herein. 1
- 7 - J- l.�
I
L.
M.
N.
"I
Increment I of the Project is consistent with the applicable portion of
the State land development plan and the Regional Plan for South Florida.
Increment I of the Project is in confofmity with the adopted Miami
Comprehensive Neighborhood Plan.
Increment I of the Project is in accord with the district zoning
classifications of Zoning Ordinance 9500, as amended.
Increment I of the Project will have a favorable impact on the economy
of the City.
Increment I of the Project will efficiently use public transportation
facilities.
QP. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
-R2 Increment I of the ProjL-ct will efficiently use necessary public
facilities.
-SR. Increment I of the Project will include adequate mitigative measures to
assure that it will not adversely effect the environment and natural
resources of the City.
-TS. Increment I of the Project will not adversely affect, living conditions
in the City.
VT. Increment I of the Project will not adversely affect public safety.
YU. There is a public need for Increment I of the Project.
CONCLUSIONS OF 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:
— 9 —
1. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development reglations,
ordinances and other laws.
2. For the purpose of base -line data collection, conduct air quality
monitoring for carbon monoxide (CO) concentrations based on the
following requirements:
a., CO monitoring data shall be provided for each of the three (3)
sub -areas as described in the CADA: Brickell, the Central
Business District and Omni.
b. The monitoring shall consist of four (4) weeks of data collection
during the winter months, November 15th through March 15th, for
each sub -area.
C. The monitoring for each sub -area shall be completed prior to the
issuance of any certificate of occupancy within that sub -area for
the first development under this Development Order which meets 100
percent of the presumptive threshold for Developments of Regional
Impact pursuant to Rule 27F, F.A.C., within that sub -area; or
prior to March 15, 4494 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
Pas been agreed by these agencies that the existing monitor
located in the Central Business District will be acceptable for
that sub -area.
CAS
—10-
94- 849
e. Perform the monitoring required by 2a. and 2b. above as
prescribed by the policies and regulations governing DERM and
submit final air quality monitoring reports to FDER, DERM, and the
Council staff within 60 days of the completion of the monitoring.
3. Conduct air quality modeling of carbon monoxide impacts to determine
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be completed within
one year after the base -line data monitoring has been completed pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 2a. below. The air quality modeling shall follow FDER guidelines and
shall:
a. Be limited to no more than ten (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 HER and DERM for comment and review, and to the Council staff
and the City for review and approval.
C. Include proposed changes to air quality monitoring as justified by
the air quality modeling analysis.
4. If the results of the air quality modeling study, as described in
paragraph 3 above, are more than 85 percent but less than 100 percent of
the State standards for CO concentrations, implement an air quality
monitoring and abatement program following approval of the report
pursuant to 3b above. The monitoring and abatement program, including a
time frame for implementation, must be approved by the Council staff and
- 11 - 94- 84.9 6 �
the City subsequent to review and comment by FDER and DERM. The program
may include, but is not limited to, the following techniques:
a. Transportation Control Measures (TCM).
b. Physical planning measures (e.g. signalization, parking area
locations, addition of turn lanes, etc.).
C. The continuance of monitoring for specified sub -areas.
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:
6.
'70
a. Provide acceptable documentation which clearly indicates that CO
exceedences will not occur, or that the Net New Development
seeking approval will not contribute to the predicted CO
violation, or that any potential CO additions for each Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER and
DERM) prior to issuance of building permits for the particular Net
New Development. Such documentation may include a modeling studey
which incorporates measures such as those contained in Condition
4a., b., and c., above. This documentation must be approved by
the Council staff and the City subsequent to review and comment by
FOR and DERM.
b. Withhold the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
Based upon the transportation impacts generated by Total Allowable
Development for Increment I, pay or contract to pay $7,543,419 (fair
94- 849
— 12 —
share in 1987 dollars), to be expended on any or all of the following
transportation improvements:
a. SW 2nd Avenue bridge and approaches'or the Brickell Avenue bridge
and approaches,
b. intersection improvements to the entrance and exit ramps to I-395
at NE 1st Avenue and NE 2nd Avenue,
C. other transportation improvements if mutually agreed upon by the
City and Council staff, subsequent to review and comment by Dade
County and the Florida Department of Transportation.
The City shall pay or contract to pay the fair share within 60 days
following notice that the subject improvement has been let to contract
for construction. In the event the City contracts to pay the fair
share, such contract shall in no way affect the construction schedule of
the subject transportation improvement. If the improvements above have
not been let to contract for construction before the earlier date of a.
or b. specified below:
a. a ten years after the effective date of the Development Order,
or
b. the date of issuance of Certificates of Occupancy for more than 80
percent of the Total Allowable Development,
then Council staff, the City, Dade County, and the Florida Department of
Transportation (FDOT) will jointly decide the reallocation of $7,543,419
(fair share in 1987 dollars) within 90 days of the earlier date of
either a. or b. specified above.
94- 849 7/
- 13 -
7. Withhold the issuance of building permits for Net New Development if the
City has been determined to be in noncompliance with paragraph 6 above.
8. Wake 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
94- 849
— 14 —
c. encourage mass transit use by the provision of bus shelters, bus
turnout lanes, or other amenities to increase transit ridership.
In addition, the TCM Ordinance shall include other appropriate
transportation control measures to be selected from but not be limited
to the list entitled "Table 4.9 - Potential Transportation Control
Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The
TCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
10. In the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
Miami City Commission within 18 months of the effective date of this
Development Order, determine that this situation 'constitutes a
substantial deviation from the mitigative efforts anticipated to offset
the adverse impacts of Total Allowable Development. In this event, the
Applicant shall be required to undergo additional Development of
Regional Impact review pursuant to F.S. 380.06(19)(a)(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
— 15 —
94- 849 . '75
i
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 Deeember 30, 1
997 December 30, 1999 as the date until which
the City agrees that the grantees of building permits or Major Use
Special Permits for new development, under the 'Downtown Miami -
Increment I Development of Regional Impact shall not be subject to
down -zoning, unit density reduction, or intensity reduction to the
extent of the amount of development included within the building permit
or Major Use Special Permit, unless the City can demonstrate that
substantial changes in the conditions underlying the approval of the
development order have occurred, or that the development order was based
on substantially inaccurate information provided by the Applicant, or
that the change is clearly essential to the public health, safety or
welfare.
MONITORING, REPORTING,
AND ENFORCEMENT:
13.
The City shall
monitor the capacity of Total
Allowable Development by
reserving the
amount of Development Credits
necessary for Net New
Development at
a time, to be determined by
the City, prior to or
coincident with
approval of a building permit or Major Use Special
849
— 16 —
Permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
14. Upon the issuance of a Certificate of Occupancy for any Net New
Development, the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occuupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
15. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit tow copies of the CADA to the Council, one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this Development Order.
The CADA shall be prepared as follows:
a. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
information needed or otherwise, the original pages of the ADA
will be replhced 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)"
75
indicating that the page was revised, and "Date" stating the date
of the revision.
16. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or modified by agreement among the
Council, City, and Applicant, its successors, and/or assigns.
17. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a Dart of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
18. The City shall prepare an annual erport and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be incorporated into
the annual report required in the Downtown Miami Master Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit 3.
7(o 94- 849
— 18 —
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
C. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Development Approval and which have been identified by the City,
the Council, or the Department of Community Affairs as being
significant.
e. Specification of any amended DRI applications for development
approval or requests for a substantial deviation determination
that were filed in the reporting year or to be filed during the
next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have been sent copies of the annual
report in conformance with F.S. 380.06(18)(1981).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15)(1981). 94- 849. 7 7
— 19 —
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
i
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 Beeember 39, 1997 December 30, 1999,
provided that the Applicant, or its successors and assigns, complies
with paragraph 25 herein. The termination date may only be modified in
accordance with F.S. 380.06(19)(c)(1987).
21. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs, Council, and
Applicant; provided, however, that if this Development Order is
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursuant to F.S.
380.07(2)(1987).
22. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land in which the violative
94- 849
— 20 —
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land upon
passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be -given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days, the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
unless the violator does not diligently pursue the curative action to
completion within a reasonable time, in which event -the City will give
15 days notice to the violator of its intention to stay the
effectiveness of this Development Order and withhold further permits,
approvals, and services to the Parcel of Land in which the violation has
occurred and until the violation is cured. The terms of this paragraph
may be modified from time to time by written agreement by the DDA, the
City, and Council staff, to enable the City to enforce the terms of this
Development Order to the fullest extent, while providing due process to
all developers under this Development Order.
23. The Planning Director, City of Miami Planning Department, is hereby
designated to monitor compliance with all conditions of this Development
Order and shall have the duty and authority to interpret the provisions
of this Development Order and to promulgate rulings, regulations and
procedures necessary to implement it, provided the same are not
— 21 —
4- 849 - 7q
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.
O 94- 849
— 22 —
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 Commissioh pursuant to F.S.
380 (1987). This Development Order shall not create nor authorize the
creation or imposition of any additional requirements or restrictions,
with respect to any present or future development under any currently
effective Development Order or building permit issued prior hereto.
Notwithstanding this paragraph, the City shall continue to have whatever
authority pursuant to law it may now have or may acquire in the future
(other than by virtue of this Development Order).
28. This Development Order shall not create nor impose any additional
requirements or restrictions upon the City with respect to its powers to
enact impact fee or assessment ordinances on development, including Net
New Development under this Development Order and future development of
the City, as such impact fees or assessments may be authorized by law.
29. In the event that a substantial deviation is determined under the terms
of this Development Order or F.S. 380(1987), the City shall retain its
ability to issue building permits and Major Use Special Permits and
shall continue to do so unabated, subject to the terms and conditions of
this Development Order.
30. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
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.
- 23 - 849
mlo
J•07-1108
RESOLUTION NO. 87—:L1 a
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER
DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF
REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING 'COUNCIL AND THE CITY OF MIAMI PLANNING
ADVISORY BOARD, SUBJECT'TO THE CONDITIONS OF THE
MASTER DEVELOPMENT ORDER ATTACHED HERETO AS
EXHIBIT 'A', THE APPLICATION FOR DEVELOPMENT
APPROVAL INCORPORATED HEREIN BY REFERENCE; AND
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED
HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING THAT THE MASTER
DEVELOPMENT ORDER SHALL BE BINDING ON THE
APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING
THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION
AND MASTER DEVELOPMENT ORDER TO AFFECTED
AGENCIES AND THE APPLICANT; DIRECTING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL
THE CITY'S OBLIGATIONS UNDER THE MASTER
DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY
CLAUSE.
12/37 /87
Master
WHEREAS, on November 26, 1986, the Downtown Development Authority of the
City of Miami submitted a complete Application for Development Approval for a
Development of Regional Impact to the South Florida Regional Planning Council,
the Florida Department of Community Affairs, and the City of Miami pursuant to
F.S. 380.06 (1987), for the ongoing development through the year 2007 of a
portion of the area within the DDA jurisdiction, as legally described in the
Development Order attached hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 74-87 by 6 to 2 vote, recommending approval of the Master Development
Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987) and
WHEREAS, the City Comission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
Planning Council, and each element required to be considered by F.S. 380.06
(1987); and 9 4 _
CITY
b TT ACw!P.tw.S
��� vLt•
EIN 31 �• 3-k 1 9-7--VAS.
849
WHEREAS; the Lity Commission determined that all requ .ments of notice
and other legal requirements for the issuance of the proposed Master
Development Order had been complied with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Master Development
Order as hereinafter set forth;
NOW, THEREFORE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI.
FLORIDA:
Section 1: The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Master Development Order for
Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof
i by reference, and 1s applicable to an area of the City of Miami under the
jurisdiction of the Downtown Development Authority with the exception of the
i Southeast Overtown/Park West Redevelopment District, as more particularly
described in Exhibit "A".
iii Section 2: The Master Development Order for Downtown Miami (Exhibit
"A") is hereby granted and issued.
Section 3. The City Clerk is hereby authorized and directed to
immediately send certified copies of this Resolution together with Exhibit "A"
i
and copies of all exhibits, attachments, and written materials. including
I
portions of ordinances referenced in the text of the Master Development Order
to: The Florida Department of Community Affairs, 2571 Executive Center Circle ,
East, Tallahassee, Florida. 32301; The South Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140, Hollywood. Florida. 33021; and
the Downtown Development Authority, Suite 1800, One Biscayne Tower; Miami,
Florida 33132.
Section 4. The City Manager is hereby directed to take all actions
necessary to fulfill the City's obligations under the terms of the Master
j Development Order.
Section S. In the event that any portion or section of this Resolution
or the Master Development Order for Downtown Miami (Exhibit "A") is
I
determined to be invalid, illegal, or unconstitutional by a court or agency of
competent jurisdiction, such decision shalt in no manner affect the remaining
i
portions of this Resolution or the Master Development Order for Downtown Miami
(Exhibit "A"), which shalt remain in full force and effect.
2
97-1148
PASSED AND ADOPTED this lOthday of December 1987.
XAVIER L. SUAREZ, MAYOR
ATTEST:
- at
�MATTY HIRAI. CITY CLERK
PREPARED AND APPROVED BY:
SrL'z p,
L E. MAXWELL ISISTANT
CITY ATTORNEY
APPROVED AS 0 FORM AND CORRECTNESS:
CIA A. ROUGHER . CITY ATTORNEY
3 94- 849 95
9'7--1148
12/14/87
Master
EXHIBIT "A"
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie; Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director. City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I Increment II Increment III Totals
Office
(gross square feet)
7;100,000 30*600,000 3-0700,000 14$'400,000
Government Office
(gross square feet)
300,000 250,000 200.000 760,000
Retail/Service
(gross square feet)
1,050,000 400,000 500,000 1,950,000
Hotel
(rooms)
1,000 500 1,100 2,600
Residential
(dwel.ling units)
3,550 2,550 2,920 9,020
Convention
(gross square feet)
5D0.000 0 0 500.000
Wholesale/Industrial
(gross square feet)
1,050,000 0 1,050,000 2,100,000
Institutional
(gross square feet)
300.000 0 300,000 600,000
Attractions/Recreation
(seats)
3,400 1,600 5;000 10,000
Pursuant to F.S. 380.06(22)
(1987); the Project specifies the total amount of
development planned for
each land use category, but provides flexibility for
such development to be
located anywhere within the Project Area. supject 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/Nil 5th Street and I-395 known as "Park
Mast', as illustrated
on the map in Exhibit i and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks. 1 94- 849 97
9'7--J14S
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
DEFINITIONS: For the purposes of this Development Order, the following terms
shall be defined as follows:
ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the ODA on November 25, 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
• prepared pursuant to paragraph 21 on page 12 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued; pursuant to Section 307 of the South Florida Building
Code, for any 'Net New Development' as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority: The Downtown Development Authority of
the City of Miami, Florida.
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
DRI: Development of Regional Impact.
Development Credits: The individual units of land uses included within Total
Allowable Development, as measured by square footage; or number of dwelling
units. hotel rooms, or seats.
Manor Use Special Permit: A special permit issued by the City Commission
pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami; as
amended.
Net New Development: Any construction or reconstruction which will result in
a net increase, within any 'Parcel of Land', of residential dwelling units,
hotel rooms. seats in attractions/recreation facilities or gross square
footage for office, government office, retail/service. convention,
85 `
97-ji48
94-- •849
wholesale/indust ") or institutional uses. Land use --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
Ao�i �s.1
such development would have Imp att as measured by peak hour vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, and which is
designated by its owner or developer as land to be used or developed as a unit
or which has been used or developed as a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1
herein.
Project Area: The area included within the legal description in Exhibit 2.
Total Allowable Development: The quantity of Net New Development for which
Certificates of Occupancy may be issued under the terms and conditions of this
Development Order, together with any attendant Incremental Development Order,
and as may be modified pursuant to F.S. 380.06(19) (1987). The City may
permit simultaneous increases and decreases between the land use catagories,
Provided that the regional impacts of the land uses as changed will not exceed
the adverse regional impacts of the Project as originally approved, as
measured by total peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
s 94— 849 Q I
97-1148
I�
A. The findings and determ0ations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The DDA filed the ADA with the City, the Council; and the Florida
Department of Community Affairs.
_ D. The ADA has been filed by the ODA pursuant to F.S. 380.06(22) (1967)
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 oRl review process for overall
phased development of the downtown area rather than requiring each
individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA and the DO are intended to serve as flexible guides for to. planned
development of the Project Area rather than a precise blueprint for its
development. Therefore, pursuant to F.S. 380.06(21)(b) (1987); the CADA
seeks master development approval for three increments of development
over a period of approximately twenty years and specific development
Approval for Inerement I, which is the first phase of development
projected for a period of approximately five years. Subsequent
incremental applications may need to be adjusted to more nearly serve as
4 94 84S
9, 7 -1148
a living guide recognizing the evolution of . _eket desand and
technologies.
G. The Project Area contains a.total of approximately 839 acres; including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
H. The Project is not located in an area of critical state concern as
designated pursuant to F.S. 380 (1987).
I. A comprehensive review of the probable impacts that will be generated by
the Project has been conducted by various City departments; as reflected
in the CADA, and the South Florida Regional Planning Council staff.
J. This Development Order is consistent with the report and recommendations
Of the South Florida Regional Planning Council; entitled 'Development of
Regional Impact Assessment for Downtown Miami - Master"; dated October
5, 1987. The South Florida Regional Planning Council recommends
approval of the Project, and all conditions to which such approval is
subject are reflected herein.
K. The Project 1s consistent with the applicable portion of the State land
development plan and the Regional Plan for South Florida.
L. The Project is in conformity with the adopted Miami Comprehensive
Neighborhood Plan.
M. The Project is in accord with the district zoning classifications of
Zoning Ordinance 9500, as amended.
N. The Project will have a favorable impact on the economy of the City.
P. The Project will efficiently use public transportation facilities.
Q. The Project will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment.
R. The Project will efficiently use necessary public facilities.
S. The Project will include adequate mitigative measures to assure that it
will not adversely effect the environment and natural resources of the
City.
T. The Project will not adversely affect living conditions in the City.
U. The Project will not adversely affect public safety.
V. There is a public need for the Project.
5
91- 8 J
91
97--1148
CONCLUSIONS OF LAW:
That, having made the findings of fact contained above; the City
Commission
hereby concludes as a matter of taw, the following:
A.
The DOA constitutes a "downtown development authority" as defined in
F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make
application for development approval and receive a development order.
B.
The Project complies with the Miami Comprehensive Neighborhood Plan, is
consistent with the orderly development and goals of the City of Miami,
-
and complies with local land development-
regulations-C.
The Project does not unreasonably interfere with the achievement of the
objectives of the adopted State land development plan applicable to the
City of Miami or the Regional Plan for South Florida.
D.
The Project is consistent with the report and recommendations of the
South Florida Regional Planning Council and does not unreasonably
interfere with any of the considerations and objectives set forth in
F.S. 380 (1987).
i
E.
Changes in the Project which do not exceed the Total Allowable
Development or which do not result in a net reduction of more than 5
percent in total acreage zoned and developed as City parks, shall not
constitute a substantial deviation under F.S. 380 (1987).
q 2
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of
law set forth above, it is ordered that the Project is hereby approved;
subject to the following conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR NET NEW DEVELOPMENT
PURSUANT TO AN APPROVED DEVELOPMENT ORDER FOR EACH INCREMENT DESCRIBED HEREIN
AND SHALL:
1. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations;
ordinances and other laws.
6
9?-1,145
2. Within 6 months of the effective date of this Der.,opment Order. adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall mulch, spray or plant grass in exposed areas
to prevent soil erosion and minimize air pollution during construction.
3. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall place temporary screens, berms, and/or -rip -
rap around sites under construction to filter or retain stormwater
runoff during construction.
4. Within 6 months of the effective date this Development Order, adopt and
implement a uniform ordinance or establish an accepted procedure to
require Net New Developments to design, construct and maintain
stormeater management systems to meet the following standards:
A. Retain the runoff from at least a 5-year storm on each Parcel of
Land wherever feasible and construct drainage systems as proposed
in the Consolidated Application for Development Approval (CADA).
Consistent with the CADA, individual drainage systems must be
designed to retain at least the first one -inch of stormwater
runoff within drainage wells and exfiltration trenches.
b. Install pollutant retardant structures (catch basin with
down -turned inlet pipe or other Dade County DERM-approved device)
to treat all stormwater runoff at each individual drainage
structure and/or well, and periodically remove pollutant
accumulations.
C. Limit application of pesticides and fertilizers in vegetated storm
water retention areas to once per year for preventive maintenance
and to emergencies, such as uncontrolled insect infestation.
d. Vacuum sweep all parking lots of eleven or more vehicle spaces and
private roadways serving the parking lots at least once per week.
e. Both during and following construction, prevent the direct flow of
stormwater runoff (that has not been pre-treated pursuant to
Condition 4a. above) into surface waters.
9?-ilO
�l 4
5. Require Net New Development to comply with Dade County hazardous waste
requirements by the adoption and implementation of a uniform ordinance,
as may be found by the City to be applicable and necessary, providing
for hazardous materials accident prevention, mitigation, and response
standards, as described in a. through h. below. These standards shall
be maintained by individual developers who shall require by lease
agreement or building rule that all tenants classified by a SIC code
listed in Appendix 12A-8 of the CADA; incorporated herein by reference,
that use, handle, store, display; or generate hazardous materials
(materials that are ignitable; corrosive, toxic, or reactive); including
those identified on page 6 of Appendix 1ZA-8 of the CADA comply with
these standards; provided however, that the uses in and the wastes
listed in Appendix 12A-8 of the CADA shall be simultaneously amended
upon the addition or deletion of any or all of the listed uses,
materials, or wastes by amendment to the 'County and Regional Hazardous
Waste Assessment Guidelines' incorporated by Rule 17-31.03(2), Florida
Administrative Code. At a minimum, these standards shall: '
a. Require that buildings or portions of buildings where hazardous
materials or hazardous wastes, as defined above, are to be used,
displayed, handled, generated, or stored shall be constructed with
impervious floors, without drains, to ensure containment and
facilitate cleanup of any spilt or leakage.
b. Prohibit any outside storage of hazardous materials or hazardous
waste. The exception to this condition is for retail goods
typically associated with residential nursery activity, such as
lawn fertilizers and garden pesticides. Those areas used for the
storage of these goods are subject to the requirement contained in
Condition 5c. below.
C. Require that any area used for loading and/or unloading of
hazardous material be covered and equipped with a collection
system to contain leakage and accidental spills.
8
94- 849
8 7-1145
d. Requ. all hazardous waste generators to con ct with a licensed
public or private hazardous waste disposal service or processing
facility and provide Dade County DERM copies of the following
forms of documentation or proper hazardous waste management
practices:
a hazardous waste manifest;
a shipment to a permitted hazardous waste management facility;
or
a confirmation of receipt of materials from a racycler or a
waste exchange operation..
e. Prohibit generation of hazardous effluents;_ unless adequate
facilities, approved by Dade County DERM and Florida Department of
Environmental Regulation, are constructed and used by tenants
generating such effluents.
f. Dispose of hazardous sludge materials generated by effluent
pre-treatment in a manner approved by the Federal Environmental
Protection Agency and the Florida Department of Environmental
Regulation.
g. Notify any tenant generating wastes of the penalties for improper
disposal of hazardous waste pursuant to F.S. 403.727.
h. Allow reasonable access to facilities for monitoring by Dade
County DERM, Council staff, and the Florida Department of
Environmental Regulation to assure compliance with this
• Development Order and all applicable laws and regulations;
6. Enact an ordinance requiring Net New Development to remove all invasive
exotic plants, including Melaleuca, Casuarina; and Brazilian Pepper,
from their Parcel of Land as the parcel is cleared,' and use only those
plant species identified in Appendix 8-4 of the CADA for landscaping.
Additional species may be used only if written approval is provided by
Council staff. Such approval will be based on the species under
consideration meeting the following criteria:
A. does not require excessive irrigation 9
g 94- 849
5.
A7-�-1148
b. does not require excessive fertilizer applic._.on
c. is not prone to insect infestation or other pests
d. is not prone to disease
e. does not have invasive root systems
f. such other criteria as may be appropriate
7. Coordinate with appropriate agencies to ensure that those areas
frequented by the West Indian manatee and Brown pelican are properly
identified to reduce the impact of development on these species.
Measures may include, but are not limited to; warning signs; idle speed
zones, etc. Provide information to developments located adjacent to the
Miami River or Biscayne Bay which may adversely impact these species,
which shall be distributed by the developer to users of the development.
This information should include, but is not to be limited to; pamphlets
and signs on frequency of site use, man -induced adverse impacts, and
measures to avoid these impacts.
S. Direct the City Manager to establish procedures whereby the Police
Department and Fire Department shall make recommendations to incorporate
security measures into the design and operation of Net New Development.
9. Collaborate with the Dade County School Board, by providing planning
information and information on Net New Development of residential units,
to address concerns regarding the availability and access to schools for
students from future residential development within the project area.
10. Encourage the incorporation of energy conservation measures into the
design and operation of Net New Development by requiring that, at a
minimum, all Net New Development shall be constructed in conformance
with the specifications of the State of Florida Energy Efficiency Code
for Building Construction (State Energy Code).
P
11. As part of the building permit application, prior to approving any
activity involving rehabilitation, demolition, or structural changes to
historic buildings listed in Exhibit 3 herein, require the applicant to
submit to the Florida Department of State Division of Archives, History,
and Records Management and the City of Miami Planning Department
photographs of the structure and a description of proposed activities
94- 849
10
97-J146
for assesl of the potential effect on the hilt t property. Prior
to approving any permit for ground disturbing activities related to
construction or tree removal within the archaeological zones listed in
Exhibit 4 herein, require the applicant to contact these same two
agencies to make arrangements to survey and assess the area. This
condition will not apply to those historic buildings and archeological
zones that are designated as Heritage Conservation districts pursuant to
paragraph 12 below.
12. Attempt to have all properties and archaeological zones in Exhibits 3
and 4 herein designated as Heritage Conservation districts under Article
16 of Zoning Ordinance 9500, the Zoning Ordinance of the City of Miami,
Florida, as amended.
13. For all development activity, other than development on sites contained
in Exhibits 3 and 4 herein (since these sites are subject to Condition
11. and 12. above), as part of the building permit application require
the applicant, pursuant to state law, to notify the Florida Department
of State Division of Archives, History and Records Management of
construction schedules, and where potentially significant historical or
archaeological artifacts are uncovered during construction, permit State
and local archeological officials to survey and excavate the site. When
required by law, delay construction for up to 3 months in any portion of
the construction site necessary to permit the archeological survey and
excavation to be completed.
14. Monitor development and redevelopment activities to ensure that there is
no net loss of low-income housing opportunities within the City of
Miami. Any net loss of such units within the Project Area shall be
counterbalanced by a gain in another area within the City of Miami.
15. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
wastewater treatment capacity will be sufficient to meet the needs of
that development.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
11 94- 849
97-1148
an adequi eater supply will be available to er ,the needs of that
development.
17. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
solid waste disposal capacity will be sufficient to meet the needs of
that development.
IS. Have the authority to assess development for its proportionate share of
the costs of improvements and/or services necessary to monitor and/or
mitigate any adverse impacts. The City shall also have authority to
assess development its proportionate share of the costs attributable to
preparation of the master plan for downtown; the Application for
Development Approval; and this Development Order; as well as the future
costs of reviewing individual development applications, monitoring
compliance with this Development Order, and any other costs reasonably
related to the administration and implementation of this Development
Order. 'If necessary, the City shalt 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.`
mwiTORING, REPORTING. AND WORCEMT:
19. The City shall monitor the capacity of Total Allowable Development by
reserving the amount of Development Credits necessary for Net New
Development at a time, to be determined by the City, prior to or
coincident with approval of a building permit or Major Use Special
permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
12
94- 849
g7-1148
20. Upon the I..uance of a Certificate of Occupant. tor any Net New
Development, the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
-- 21. The City shalt 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,
indicating that the page was revised, and "Date" stating the date
of the revision.
22. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or m Wified by agreement aRong the
Council, City, and Applicant, its successors, and/or assigns.
23. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
13 94- 849 -/ q
97-1148
i 00
have been. Mgd to place a requirement on the Cit; Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
24. The following regional issues as they appear in the Consolidated
Application for Development Approval have been,sufficiently reviewed for
the total Project (extending through the year 2007) and shall not be
required to be reviewed as each incremental portion of the Downtown
Miami DRI is submitted:
Maps: Map A - Location
Naps•B-1, 8-2, B-3, B-4 - Aerial Photo(s)
Map C-5 - Flood Zones
Map D-1 - Existing Land Use
Map E - Soils
Map F - Vegetation
Maps G-1, G-2 - Drainage
Maps I-1, I-2, I-3, I-4 - Public Facilities
Question 5: Water Quality
Question 6: Wetlands
Question 7: Flood Prone Areas
Question 8: Vegetation and Wildlife
Question 9: Historical and Archaeological Sites
Question 12: Other Public Facilities
C. Energy
D. Education
E. Recreation and Open Space
Question 13: Housing
25. The following regional issues .as they appear in the Consolidated
Application for Development Approval have not been sufficiently reviewed
for the total Project (extending through the year 2007) and, as
Appropriate, will be required to be reviewed as each incremental portion
Of the Downtown Miami DRI is submitted:
14 94- 849
8?-1148
Question 1: Applicant Information
Maps: Map H - Master Development
Maps J series - Transportation Network
Display Graphics and Boards
Question 3: Project Description
Question 4: Air Quality
Question 10: Employment and Economic Characteristics
Question 11: Transportation
Question 12: Other Public Facilities
A. Wastewater, Water, and Solid Waste
B. Health Care, Police, and Fire
26. Grounds for denial by the South Florida Regional Planning Council of any
subsequent applications for an incremental portion of this proposed
development will be limited to any unresolved issues pertaining to
Question 4: Air Quality and/or Question 11: Transportation.
27. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. As each
development increment receives a Development Order, the annual report
shall include the development covered by the incremental Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit S.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
C. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
d Rd
�1148
other units of land uses included wit► Total Allowable
Development; and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Development Approval and which have been identified by the City,
the Council, or the Department of Community Affairs as being
significant.
e. Specification of any known incremental or amended DRI applications
for development approval or requests for a substantial deviation
determination that were filed in the reporting year or to be filed
during the next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have been sent copies of the annual
report in conformance with F.S. 380.06(18) (1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15) (1987).
I. A report from DERM of any known violations of the hazardous waste
requirements contained in paragraph 6 herein.
j. The number of Tow -incoming housing units lost from demolition and
conversion within the Project Area, as well as the total number of
new low income housing units within the City.
k. Any other Information required by the Department of Community
Affairs (DCA) in accordance with F.S. 380.06(18)(1987).
28. The City shall enforce the requirements of the Dade County Shoreline
Development Review Ordinance (85-14) for all subsequent developments
within the Shoreline Development boundary.
Jd-
16 849
W-114A
29. The deadl. for commencing any development shall two (2) Years from
the effective date of this Development Order. The termination date for
completing development shall be December 31. 2007, provided that the
Applicant, or its successors and assigns; complies with paragraph 34
herein. The termination date may only be modified in accordance with
F.S. 380.06(19)(c) (1987).
30. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs; Council, and
Applicant; provided, however, that lr vtls uw- up-116 wruer -
appealed, the effective date will' not 'start until the day after all
appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)
(Ig87).
31. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land, in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land, upon
passage of any appropriate resolution by the City; adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation; and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days; the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
unless the violator does not diligently pursue the curative action to
03.
17 941- 84
97--1148
Exhibit
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. 5th Street and
N.W. 3rd Avenue (east side of N-S Expressway (1-95)), said point of
beginning also being the N.W. corner of the district; thence run
southerly along the center line of N.W. 3rd Avenue and the easterly side
of the N-S Expressway to the centerline of West Flagler Street; thence
westerly along the centerline of said West Flagler Street to the
centerline of'the Miami River; thence meandering southeasterly along the
centerline of said Miami River to a point of intersection with the
easterly right-of-way (R/W) line Of Metro Rapid Transit R/W (formerly
Florida East Coast (FEC) Railroad R/W) said R/W line being 50 feet
easterly of and parallel with the centerline of said Metro Rapid Transit
R/W; thence run southerly and southwesterly along said easterly R/W line
of Metro Rapid Transit to the intersection with the centerline of S.W.
15th Road; thence southeasterly along the centerline of 15th Road to a
point of intersection with the southerly prolongation of the westerly
line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence
northeasterly, northwesterly and northeasterly along said westerly line
of COSTA BELLA to the intersection with the southerly right-of-way line
of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and
northwesterly along said southerly and westerly right-of-way line of
S.E. 14th Lane and S.E. 14th Terrace to the intersection with the
northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT
VIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County. Florida; thence northeasterly along the northwesterly line of
said Lot 31 to the northeasterly side of the existing ten foot alley in
Block 2 of said POINT VIEW; thence southeasterly along the northeasterly
side of said ten foot alley to the intersection with the property line
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly
along said line of Lots 4 and 5 and its prolongation thereof to the
centerline of S.E. 14th Street; thence southeasterly along said
centerline of S.E. 14th Street to a point of intersection with the
existing bulkhead and shoreline of Biscayne Bay; •thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
Point of intersection with the southerly boundary of Claughton Island
!37-1 14A
Bridge; 1 ;e easterly along the said southerly ' line of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 18 of the
Public Records; thence southerly; easterly; northerly and westerly,
following said existing bulkhead and its westerly prolongation thereof
around the island to the intersection with the mainland on the easterly
shoreline of Biscayne Bay; thence meandering in a northwesterly. and
Westerly direction along the shoreline of Biscayne Bay and the Miami
River to the intersection with the easterly R/W line of Brickell Avenue
Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing
bulkhead on the northerly shoreline of the Miami River; said bulk tine
also being the southerly boundary of the Dupont Plata Center and Miami
Center Joint venture property; thence northeasterly along the southerly
boundary of Dupont Piaza Center and Miami Center Joint Venture property
to a point of intersection with the easterly property line of Chopin
Associates and Miami Center Limited Partnership; said property line
being along the shoreline of Biscayne Bay; thence northerly along said
easterly property line of Chopin Associates and Miami Center Limited
Partnership property along Biscayne Bay to the southerly property line
of Bayfront Park; thence continuing northerly, northeasterly and
northwesterly along the bulkhead line of Bayfront Park and the Bayfront
Park Miamarina; thence continuing northerly along the bulkhead line of
Biscayne Bay to a point of intersection with the centerline of N.E. 17th
Street extended easterly; thence westerly along the centerline of
N.E. 17th Street and its extension thereof to the easterly R/W line of
the FEC Railroad; thence southerly along the easterly R/W line of the
FEC Railroad to the limited access right-of-way of I-395; thence
southeasterly and easterly along the limited access right-of-way of
I-395 to the centerline of Biscayne Boulevard; thence southerly along
the centerline of Biscayne Boulevard to the centerline of M.E. 5th
Street, thence westerly along the centerline and N.E. and N.W. Sth
Street to the point of beginning. The above described area contains
approximately 839 acres.
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849
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Exhibit.5
Page 1
i
STATE OF FLORIDA BLWM-07-85
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF.RESDURCE PLANNING AND MANAGEMENT
BUREAU OF LAND AND WATER MANAGEMENT
2571 Executive Center Circle, East
Tallahassee, Florida 32301-8244
(904) AW4925
Subsection 380.06(16), Florida Statutes. places The
responsibility on the developer of an eoproved development of
regional Impact (DRI) for submitting an annual report to the
local government, the Regional Planning Council the DeoertmenT
of Community Affairs, and to all affected permit agencies, on the
date specified In the Development Order. The failure of a
developer to submit the report on the -date specified in the
development order may result In the temporary suspension of the
development order by the local government until the annual room"
Is submitted to the review agencies. This reauirement applies To
all developments of regional impact which have been aoproveo
since August 6, 1980. If you have any cuestlons about This
required report, call the DRI Enforcement Coordinator eT,
(904) 488-4925.
Please send the original completed annual report td the
desigAsTed local government official stated in the develooment
Order with (1) copy To each of the following:'
a) The regional :fanning agency of Jurisdiction;
o) All affected permitting agencies:
c) Devision of Resource Planning and ManagemenT
Bureau of Land and Water Management
2371 Executive Center Circle, East
Tallahassee, Florida 32301
Please format your Annual Status Report after the fcrmsT example
: provided below.
o
ANNUAL STATUS REPORT
Reporting Period: to
nTn/ ay/rear MonTR/ ay/Year
Development -
Name
Name OT
Locatlon:
., i Ty counTv
DeveieVer: Name:
;raoany Name
Address: I
treeT uocaT i on 9 (g' _ 849
jQ 4 9
.,,Ty. :Tate, ..iZ COU
67 9.7--J148
lio
Exhibit S
Page 2
BLWM-07-85
Page Two
1) Describe any Changes made in the proposed plan of
developmanT, phasing, or In the representations conTained In the
Application for Development Approval since the DeveloznenT of
Regional Impact received approval. Please note any actions
(substantial determinations) taken by local government to address
those changes.
Note: If a response Is to be more then one sentence. attach as
Exhibit 'A' a detailed description of each change and copies of
the modified site plan drawings. Exhibit 'A' should size address
the following additional Items If applicable.
a) •Describe changes in the plan of development or phasing
for the reporting year and for the subsequent years:
b) State any known•incromental DRI applications for
develobmenT approval or recuests for a substantial
deviation daterm I naT I on that were fiIad in the razortIng
Year and to be filed Curing The next year: '
c) Attach a copy Of any notice of "a adoption of•a
developmenT order or the suzseduenT modlficaTion of an
: adopted development order that was recorded by the
developer pursuant to Subsection 380.06(14)(d). F.S.
2) Has there been a change in local covernmant Jurisdiction
for any portion Of the developmenT since tna development order
was issued? If so, has The annexing local government adopted a
now Development of Regional Impart development order for the
project? Please provide a Copy of the order adopted by the
annexing local governmanT.
3) Provide cozies of any revised master plans, incremental
site'•pians. etc., not previously submitted.
: Note: if a response Is to be more then one or two sentences,
attach as Exhibit 'o'.
41 Provide a summary comparison of development activity
Proposed and actually conducTad for the reporting year.
Example: Number of dwelling units constructed, site improve-
menTs. lots sold, acres mined, gross floor area constructed,
barrels of storage Cappelty CO.Widled, permits cztained, etc.
Note: If a response is to be more Then one sentence. aTtacn as
Exhibit 'C'.
5) Have any undeveloped tracts of land In the develOzmenT
(other than ind(vidusI single-4t-0I v let$) been Selz to a
MA rM entity Or Bevel-:er? If so, itenTlfv Traci, its size,
Inc The :uver. P lease provide me:s ► m i ch snow The T"CTS
involve:. 9 ,9 8 /; 9
rapt e6�•er
sa 97-1.14H
Exhibit S
Page i
OLWM-07.85
Page Three
Note: If a response is to be more than one sentence. attach as
Exhibit 'D'.
6) Describe any lands purchased or optioned adjacent to the
original Development of Regional Impact site subseauenT To
isauanee of the development order. Identify such land, its size.
and Intended use on a site plan and mso.
Note: If a response Is to be more Than one sentence. attach as
Exhibit 'E'/
7) List any substantial local, state, and federal permits
which have been obtained. &called for, or denied, during this
reporting period. Specify the agency, type of permit, and duty
for each.
Note: It a response Is to be more than one sentence, aT.tach as
Exhibit IF'.
O) Assess the development's and local government:s-
Continuing compliance with any conditions of approval contained
In the ORI development order.
Note: Attach as Exhibit IG'. (See attached form)
9) Provide any information the? is specifically required .
by the Deve(opmen? Order to be Included In the annual report.
10) Provide a state -gent ca"I fyIng that a I I persons have
been sent cozies of the annual razz" In conformance with
Subsections 300.06t14i and (16), P.S.
Person comcleting The -questionnaire:
Title:
Rearesenting:
4- 849
lei
64
`9%"1.148
J-e7-1109
RESOLUTION NO. 97-°110
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO. AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING AN
INCREMENT I DEVELOPMENT ORDER; APPROVING SAID
DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY
OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE
CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER
ATTACHED HERETO AS EXHIBIT W, THE APPLICATION
FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY
REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL
INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS
IN INTEREST; DIRECTING THE CITY CLERK TO SEND
COPIES OF THIS RESOLUTION AND THE INCREMENT I
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT; DIRECTING THE CITY MANAGER TO TAKE
ALL ACTIONS NECESSARY TO FULFILL THE CITY'S
OBLIGATIONS UNDER THE INCREMENT I DEVELOPMENT
ORDER; AND PROVIDING A SEVERABILITY CLAUSE.
12/10/87
Increment 1
WHEREAS, on November 26, 1986, the Downtown Development Authority of the
City of'Miami submitted a complete Application for Development Approval for a
Development of Regional Impact to the South Florida Regional Planning Council,
the Florida Department of Community Affairs, and the City of Miami pursuant to
F.S. 380.06 (1997). for the ongoing development through the year 2007 of a
Portion of the area within the DDA jurisdiction, as legally described in the
Development Order attached hereto; and
WHEREAS, the Miami Planning Advisory Bard, at its meeting held on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 75-87 by 6 to 2 vote, r~Mommending _approval of the Increment I
Development Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (19871; and
WHEREAS. the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
Cam' COMMISSION
ATTACHMENTS MEET=(; OF
Eifviat9w 1 DEC io igaT p
RCSOunvh Ne, 97- 14
Planning Council, and each element required to be considered by F.S. 380.06
(19871; and
WHEREAS, the City Commission determined that all requirements of notice
and other legal requirements for the issuance of the proposed Increment I
Development Order had been complied with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Increment I Development
Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Increment I Development Order for
Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof
by reference, and is applicable to an area encompassing that area within the
City of Miami under the jurisdiction of the Downtown Development Authority,
with the exception of the Southeast Overtown/Park West Redevelopment District,
as more particularly described in Exhibit "A".
Section 2. The Increment I Development Order for Downtown Miami,
(Exhibit "A"), is hereby granted and issued.
Section 3. The City Clerk is hereby authorized and directed to
immediately send certified copies of this Resolution together with Exhibit "A"
and copies of all exhibits, attachments, and written materials, including
portions of ordinances referenced in the text of the Increment I Development
Order to: The Florida Department of Com pity Affairs, 2571 Executive Center
Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and
the Downtown Development Authority, Suite 1800, One Biscayne Tower, Miami,
Florida 33132.
Section 4. The City Manager is hereby directed to take all actions
i
necessary to fulfill the City's obligations under the terms of the Increment I
Development Order for Downtown Miami (Exhibit "A").
2
94-- 849
917 -2149
Section S. In the event that any portion or section of this Resolution
or they Increment I Development Order for Downtown Miami (Exhibit "A") is
determined to be invalid, illegal, or unconstitutional by a court or agency of
competent Jurisdiction, such decision shall in no manner affect the remaining
Portions of this Resolution or the Increment I Development Order for Downtown
-Riami (Exhibit "A"). which shall remain in full force and effect.
PASSED AND ADOPTED this j=day of December
XAVIER L. SUAREZ; MAYOR
ATTEST:
j Izg;2
CATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
-4., --� C'-0. L ""/,w zzt/
VOS1STANT
L E. MAXWELL CITY ATTORNEY
APPROVED AS I ORM AND CORRECTNESS:
9�' - --
LUCIA A. OOUGHERT . CITY ATTORNEY
3 94- 849 /15
.9 -1149
12/14/87
Inerea+ent 1
EXHIBIT "A"
INCREMENT I DEVELOPMENT ORDER
'11AME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie; Executive Director; Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses Increment I Increment II Increment III Totals
Office
(gross square feet) 7.100,000 3,600,000 3,700,000 14.400,000
Government Office
(gross square feet) 300,000 250,000 200,000 750,000
Retail/Service
(gross square feet) 1,050,000 400,000 500,000 1.950,000
Hotel
(rooms) 1,000 500 1,100 2,600
Residential
(dwelling units) 3,550 2,550 2,920 9,020
Convention
(gross square feet) 500,000 0 0 500,000
Wholesale/Industrial
(gross square feet) 1,050,000 0 1,050,000 2,100,000
Institutional
(gross square feet) 3D0,000 0 300,000 600.000
Attractions/Recreation
(seats) 3,400 1.600 5,000 10,000
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
such development to be located anywhere within the Project Area, subject to
local land development regulations. The Project Area includes all nroperty
within the boundaries of the Downtown Development Authority, with the
exception of that area between NE/NW Sth Street and I.395 known as "Park
West", as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
1 I (-1' 1 94- 849
LEVI XESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
DEFINITIONS: For the purposes of this Development Order, the following terms
shall' be defined as follows:
_ ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the DDA on November 25'. 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 16 on page 13 , herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Building
Code, for any "Net New Development" as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority: The Downtown Development Authority of
the City of Miami, Florida.
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
DRI: Development of Regional Impact.
Development Credits: The individual units of land uses included within Total
Allowable Development, as measured by square footage or number of dwelling
units, hotel rooms, or seats.
FDER: The Florida Department of Environmental Regulation.
Mayor 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.
94- 849 /17
Net New Oevelooment: Any construction or reconstruction which will result in
a net increase, within any "Parcel of Land", of residential dwelling units,
hotel/ rooms, seats in attractions/recreation facilities or gross square
footage for office, government office, retail/service. convention,
wholesale/industrial or institutional uses. Land uses to be removed by
demolition of a building or structure may be credited against the proposed new
land uses for purposei 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 Qrder for the land uses to be
demolished. If a change of land use is proposed, the Planning Director may
credit the prior land use against the proposed land use based upon equivalent
impacts as measured by peak hour vehicle trip generation. Any activity which
has on the effective date of this Development Order a valid building permit or
any currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New Development any
small development under 10,000 square feet in.floor area; if he finds that
such development would have no regional impact as measured by peak hour
vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established; and which is
designated by its owner or developer as land to be used or developed as a unit
or which has been used or developed as a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1
herein.
Project Area: The area included within the legal description in Exhibit 2.
Total Allowable Development: The quantity of Net New Development for which
Certificates of Occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development Order, as
may be modified pursuant to F.S. 380.06(19) (1987), and which shalt be
measured by the following land uses:
Office 7,100,000 gross square feet
Government Office 300,000 gross square feet
Ja- 849
1V
3
Retail/Service
Hotel ,
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
1,050,000 gross square feet
1,000 rooms
3,550 dwelling units
500,000 gross square feet
1,05D,D00 gross square feet
300,000 gross square feet
3,400 seats
The City may permit simultaneous increases and decreases in the above
described land use categories; provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved; as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A. 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 ODA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
E. The purpose all the CADA is to identify and assess probable regional
impacts and to obtain approval for Total Allowable Development in
accordance with the general guidelines set forth in this Development
Order and the CADA. The concept is to recognize the Project Area as a
single area of high intensity development and to focus the DRI review
Process primarily on the impacts that Total Allowable Development within
4 9 4 -
the area will have on land; water; transportation, environmental;
icommunity 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. 380.05(21)(b) (1987), the CADA seeks master
development approval for three increments of development over a period
Of approximately twenty years and specific development approval for
Increment I; which is the first phase of development projected for a
period of approximately five years. Subsequent incremental applications
may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
G.
The Project Area contains a total of approximately 839 acres, including
Approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
I '
Development.
H.
i
The Project is not located in an area of critical state concern as
designated pursuant to F.S. 380 (1987).
I.
A Comprehensive review of the probable impacts that will be generated by
i
Increment I of the Project has been conducted by various City
departments, as reflected in the CADA, and the South Florida Regional
Planning Council staff.
J.
This Development Order is consistent with the report and recommendations
of the South Florida Regional Planning Council, entitled 'Development of
Regional- Impact Assessment for Downtown Miami - Increment I", dated
October 5, 1987. The South Florida Regional Planning Council recommends
%() 5 94- 849
approval of Increment I of the Project, and all conditions to which such
,approval is subject are reflected herein.
X. Increment I of the Project is consistent with the applicable portion of
the State land development plan and the RegionO Plan for South Florida.
L. Increment I of the Project is in conformity with the adopted Miami
CoMrehensive Neighborhood Plan.
M. Increment I of the Project is in accord with the district zoning
Classifications of Zoning Ordinance 9500, as amended.
N. Increment I of the Project will have a favorable impact on the economy
of the City.
P. Increment I of the Project will efficiently use public transportation
facilities.
Q. Incremient I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
R. Increment I of the Project will .efficiently use necessary public
facilities.
S. Increment I of the Project will include adequate mitigative measures to
assure that it will not adversely effect the environment and natural
resources of the City.
T. Increment I of the Project will not adversely affect living conditions
in the City.
U. Increment I of the Project will not adversely affect public safety.
V. There is a public need for Increment I of the Project.
CONCLUSIONS OF LAW:
That, having made the findings of fact contained above; the City
Commission hereby concludes as a matter of law, the following:
A. The DDA constitutes a "downtown development authority"_.as defined in
F.S. 380 (1987). and is authorised 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. I
6
C. Increment I of the Project does not unreasonably interfere with the
achievement of the objectives of the adopted State land development plan
applicable to the City of Miami and the Regional Plan for South Florida.
D. Increment I of the Project is consistent with the report and
recommendations of the South Florida Regional Planning Council and*does
not unreasonably interfere with any of the considerations and objectives
set forth in F.S. 380 (1987).
E. Changes in Increment I of the Project which do not exceed the Total
Allowable Development or which do not result in a net reduction of more
than 5 percent in total acreage toned and developed as City parks, shall
not constitute a substantial deviation under F.S. 380 (1987).
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of
taw 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 ail development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations,
ordinances and other taws.
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.
/V
1
q7- 1149
C. The monitoring for each sub -area shall be completed prior to the
issuance of any certificate of occupancy within that sub -area for
the first development under this Development Order which meets 100
percent of the presumptive threshold for Developments of Regional
Impact pursuant to Rule 27F, F.A.C., within that sub -area; or
prior to March 15; 1991, whichever comes first.
d. The monitor will be located at the presumed worst case
intersection for the Brickelt and Omni sub -areas. The location
will' be selected jointly by the City, Florida Department of
Environmental Regulation (FDER); Dade County Environmental
Resources Management MEMO 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 BERM and submit final
air quality monitoring reports to FDER, BERM, and the Council
staff within 60 days of the completion of the monitoring.
3. Conduct air quality modeling of carbon monoxide impacts to determine
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be completed within
one year after the base -line data monitoring has been completed pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 3a. below. The air quality modeling shall follow FDER guidelines and
shall: -
A. Be limited to no mare than ten (10) intersections to be selected
from among the intersections projected in the CADA to operate at
level of service E or F. The intersections shall be selected
Jointly by FDER, BERM, the Council staff; and the City.
b. 9e submitted in a detailed and comprehensive air quality analysis
to FDER and BERM for comment and review, and to the Council staff
and the City for review and approval.
8 94_ P49
12�
` 7 1149
Improvement Program (TIP) published in June; 1987- In the event that by
December 31; 1992, the Metromover Stage II improvements are not
/ substantially under construction, as determined by Council staff, then
this situation will be considered a substantial deviation from the
mitigative efforts anticipated to offset the adverse impacts of Total
-- Allowable Development. In this event, the Applicant shall be required
to undergo additional Development of Regional Impact review for
transportation impacts pursuant to F.S. 380.06(19)(a)(9) and (h),
(1986). Such additional Development of Regional Impact review, if
required, shall be initiated by March 31, 1993. Net New Developments
which have obtained building permits prior to December 31, 1992 shall
not be affected by any subsequent review:
9. Within 6 months of the effective date of this Development Order, prepare
and recommend to the Miami City Commission a Transportation Control
Measure (TCM) Ordinance, which shall require Net New Development to do
the following:
a: actively encourage and promote ear 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 CAAA: The
TCH ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation:
10. In the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
�E4 11 94- 849
o.-►...i + 'Wei
Miami City Commission within 18 months of the effective date of this
Development Order, determine that tnls 51 woYf— Y 41aY YY Yai 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. 390.06(19)(a)(9) and (h) (1986).
Such additional. Development of Regional Impact review, if required,
shall be initiated by the Applicant within 90 days of the identification
of its need.
11. Have the authority to assess development for its proportionate share of
the costs of improvements and/or services necessary to monitor and/or
mitigate any adverse impacts. The City shall also have authority to
assess development its proportionate share of the costs attributable to
preparation of the master plan, the Application for Development
Approval, and this Development Order, as well as the future costs of
reviewing individual development applications, monitoring compliance
with this Development Order, and any other costs reasonably related to
the administration and implementation of this Development Order. 621'
necessary, the City shall establish a procedure for rebating any funds
collected in excess of those funds attributable to a particular
development and necessary to implement this Development Order or any
ordinance or procedure required to monitor and enforce compliance with
this Development Order and to mitigate the impacts of Total Allowable
Development."
12. Establish December 31, 1992 as the date until which the City agrees that
the grantees of building permits or Major Use Special Permits for new
develop mt; under the Downtown Miami - Increment I Development of
Regional Impact shall not be subject to down -zoning, unit density
reduction, or intensity reduction .to the extent of the amount of
development included within the building permit or Major Use Special
Permit, unless the City can demonstrate that substantial changes in the
conditions underlying the approval of the development order have
occurred, or that the development order was based on substantially
12 94- 849 2
9 ; -11.44.
Applicant; or that the change is clearly essential to the public health;
(safety or welfare.
•' z
MONITORING, REPORTING, AND ENFORCEMBIT:
13. The City shall monitor the capacity of Total Allowable Development by
reserving the amount of Development Credits necessary for Net New
Development at. a time, to be determined by the City, prior to or
coincident with approval of a building permit or Major Use Special
Permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
14. Upon the issuance of a Certificate of Occupancy for any Net New
Development; the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
15. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council; one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this Development Order.
The CADA shall be prepared as follows:
A. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
13
94- 849
9^-114.9
b: Revised pages will have a "Page Number (R) - Date' natation; with
'Page Number' being the number of the original page; '(PW
. 1 indicating that the page was revised, and "Date' stating the date
of the revision.
16. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987); and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or modified by agreement among the
Council, City, and Applicant, its successors; and/or assigns.
17. All' terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
18. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be incorporated into
the annual report required in the Downtown Miami Master Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
A. A coMplete response to each question in Exhibit 3. 01
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 sumary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
14 94" I
8,49 r2r7.
q': --ti49
including locations; acreage; square footage; number of units; and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Oevelopmeni 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 ORI applications for development
approval or requests for a substantial deviation determination
that were filed in the reporting year or to be filed during the
next year.
i
f. An indication of change, if any, in City jurisdiction for any
I portion of the development since issuance of this Development
Order.
128
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 shalt enforce the requirements of the Dade County Shoreline
Development Review Ordinance (85-14) for all subsequent developments
within the Shoreline Development boundary.
20. The deadline for commencing any development shall be two (2) years from
the effective date of this Development Order. The termination date for
completing development shall be December 31. 1992, provided that the
Applicant, or its successors .and assigns, complies with paragraph 25
1s 94- 849
97--1149
herein. The termination date may only be modified in accordance with
F•S. 380.06(19)(c) (1987).
21. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs. Council, and
Applicant; provided, however, that if this Development Order is
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)
(1987).
22. The City .shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land upon
Passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the utter 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,
I
16 94_ 849
R^-1149
approvals, and services to the Parcel of Land in which the violation has
,occurred and until the violation is cured. The terms of this paragraph
• may be modified from time to time by written agreement by the ODA, the
City, and Council staff, to enable the City to enforce the terms of this
Development Order to the fullest extent, while providing due process to
all developers under this Development Order.
23. The Planning Director, City of Miami Planning Department; is hereby
designated to monitor compliance with all conditions of this Development
Order and shall have the duty and authority to interpret the provisions
of this Development Order and to promulgate rulings; regulations and
procedures necessary to implement it; provided the same are not
Inconsistent with the terms hereof or of F.S. 380 (1987); or duly
Promulgated and adopted rules thereunder. Appeals to decisions of the
Planning Director may be filed pursuant to procedures set forth in
Article 30 of Ordinance 9500, the 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 -
I.nerement 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) (19871, specifying that the Development Order runs with
the land and is binding on thf Applicant, its successors, and/or
assigns, jointly or severally.
26. The existence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 380 (19871 to file an
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, not
withstanding the existence of this Development Order. In the event that
such an individual develooment order is approved and becomes effective.
94_ 849
97--1149
the individual *development order :hail 'tintrol•'development 'of --the
,property covered by the individual development order and the terms and
conditions of this Oevelcoment Order shall no longer be binding upon the
property. Any such individual development orders shall; by their terms,
be consistent with the objectives and conditions of this Development
Order.
27. This Development Order shall not repeal, nor amend in any way, any other
currently effective development order or building permit within the
subject area previously issued by the City Commission pursuant to F.S.
380 (1987). This Development Order shall not create nor authorize the
creation or imposition of any additional requirements or restrictions,
with respect to any present or future development under any currently
effective Development Order or building permit issued prior hereto.
Notwithstanding this paragraph, the City shall continue to have whatever
authority pursuant to law it may now have or may acquire in the future
(other than by virtue of this Development Order).
28. This Development Order shall not create nor impose any additional
requirements or restrictions upon the City with respect to its powers to
enact impact fee or assessment ordinances on development, including Net
New Development under this Development Order and future development of
the City, as such impact fees or assessments may be authorized by law.
29. In the event that a substantial deviation is determined under the terms
of this Development Order or F.S. 380 (1987). the City shall retain its
ability to issue building permits and Major Use Special Permits and
shall continue to do so unabated, subject to the terms and conditions of
this Development Order.
30. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
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.
IE 94- 849
I�I
97-1149
Exhibit 1
DOWNTOWN MIAMI DRI BOUNDARY MAP
ow —'a,
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. Sth Street and
,N.W. 3rd Avenue (east side of N-S Expressway (I-95)). said point of
beginning also being the N.W. corner of the district; thence run
southerly along the center line of N.W. 3rd Avenue and the easterly side
Of the N-S Expressway to the centerline of West Flagler Street; thence
westerly along the centerline of said West Flagler Street to the
Centerline of the Miami River; thence meandering southeasterly along the
centerline of said Miami River to a point of intersection with the
easterly right-of-way (R/W) tine of Metro Rapid Transit R/W (formerly
Florida East Coast (FEC) Railroad R/W) said R/W line being 50 feet
easterly of and parallel with the centerline of said Metro Rapid Transit
R/W; thence run southerly and southwesterly along said easterly R/W line
of Metro Rapid Transit to the intersection with the centerline of S.W.
15th Road; thence southeasterly along the centerline of 15th Road to a
Point of intersection with the southerly prolongation of the westerly
line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence
northeasterly, northwesterly and northeasterly along said westerly line
Of COSTA BELLA to the intersection with the southerly right-of-way line
of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and
northwesterly along said southerly and westerly right-of-way line of
S.E. 14th Lane and S.E. 14th Terrace to the intersection with the
northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT
VIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County. Florida; thence northeasterly along the northwesterly line of
said Lot 31 to the northeasterly side of the existing ten foot alley in
Block 2 of said POINT VIEW; thence southeasterly along the northeasterly
side of said ten foot alley to the intersection with the property line
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly
alo^.; ;aid line of Lots 4 and 5 and its prolongation thereof to the
centerline of S.E. 14th Street; thence southeasterly along said
centerline of S.E. 14th Street to a point of intersection with the
existing bulkhead and shoreline of Biscayne Bay; thence meandering
.northerly along the existing bulkhead and shoreline of Biscayne Say to a
point of intersection with the southerly boundary of Claughton Island
19 94- 849
97-1,149
Bridga; them astarly along the said southerly RN is of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
,'County Bulkhead Line as recorded in Plat Book 73 at Page 18 of the
Public Records; thence southerly, easterly; northerly and westerly,
following said existing bulkhead and its westerly prolongation thereof
around the island to the intersection with the mainland on the easterly
shoreline of Biscayne Bay; thence meandering in a northwesterly and
westerly directich along the shoreline of Biscayne Bay and the Miami
River to the intersection with the easterly R/W line of Brickell Avenue
Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing
bulkhead on the northerly shoreline of the Miami River; said bulk line
also being the southerly boundary of the Dupont Plaza Center and Miami
Center Joint Venture property; thence northeasterly along the southerly
boundary of Dupont Plaza Center and Miami Center Joint Venture property
to a point of intersection with the easterly property line of Chopin
Associates and Miami Center Limited Partnership; said property line
being along the shoreline of Biscayne Bay; thence northerly along said
` easterly property line of Chopin Associates and Miami Center Limited
Partnership property along Biscayne Bay to the southerly property line
Of Bayfront Park; thence continuing northerly, northeasterly and
northwesterly along the bulkhead line of Bayfront Park and the Bayfront
Park Miamarina; thence continuing northerly along the bulkhead line of
Biscayne Bay to a point of intersection with the centerline of N.E. 17th
Street extended easterly; thence westerly along the centerline of
N.E. 17th Street and its extension thereof to the easterly R/W line of
the FEC Railroad; thence southerly along the easterly R/W line of the
FEC Railroad to the limited access right-of-way of 1-395; thence
southeasterly and easterly along the limited access right-of-way of
i
I-395 to the centerline of Biscayne Boulevard, thence southerly along
the centerline of Biscayne Boulevard to the centerline of N.E. Sth
I
Street, thence westerly along the centerline and N.E. and N.W. Sth
Street to the point of beginning. The above described area contains
approximately 839 acres.
94- 849
20
Exhibit 3
Page 1
STATE OF FLORIDA 9L1dM1-Oi•89
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF -RESOURCE PLANNING AND MANAGEMENT
BUREAU OF LAND AND WATER MANAGEMENT -
2571 Executive Center Circle, EasT
Tallahassee, Florida 32301-8244
(904) 488-4925
Subsection 380.060 6), Florida Statutes, places the
responsibility oft the developer of an approved development of
regional Impact (DRI) tar submitting an annual report to the
local government, the Regional Planning CcunclI the Department
Of Camwnity Affairs, and to all affected permit agencies, On the
date specifled In the Development Order. The failure of a
developer TO submit the report on The *date specifled in the
development order may result In the tamvorary suspension of the
development order by the local government until the annual report
)s submitted to the review agendas. This requirement 30011as to
all developments of regional impact which have bean soproved
since August 6, 1980. If you have any questions about this
required recorT, call the DR Enforcement Coordinator aT,
(904) 486-4925.
Please send the original completed annual revert to the
desigAnTed local gpvarnmen? official stated in the development
order with (1) copy To *men of the following:•
a
a) The regional ;fanning agency of jurisdiction;
b) All affected permitting agencies:
c) Devislon of Resource Planning and MenagemenT
Bureau of Land and water ManagemenT
2571 Executive Center Circle_, East
Tallahassee, Florida 32301
Please forms? your Annual Status Report after the forma? example
provided below.
ANNUAL STATUS REPORT
RoporTing Period: to
nTn� aw Year MbnTK/ eyireet
Development:
Name of DRI
Location:
WiTy aunty
Developer: Nerve;
L=env name
Address:
DTrCeT LOCOTICn
94- 849
..,Ty, .'ate. zi; L::e
67 ` 7-2.149
13
Exhibit 3
Page 2
i BLWM-07-65
Page Two
11 Describe any changes made in the proposed Dian of
development, phasing, or In the recresentetions contained In the
Application for Development Approval since the Development of
Regional Impact received approval. Please note any aetfons
(substantial detarminetlons) taken by local government to address
these changes.
Note: If a response is to be more than one sentence, attach as
Exhibit 'A' a detailed description of each change and copies of
the modified site Dian drawings. Exhibit 'A' should Disc) address
the following additional items if applicable.
a) •Describe changes In iha plan'of development or phasing
for the reporting year and for the subsequent years:
b) State any known incremental DRi applications for
development approval or recuesTs for a substantial
deviation determination that were filed in the reporting
year and to be filed during the next year:
• p) Attacn a copy of any notice of the adoption of -a
development order or ins subsequent modificatlon of an
adopted davelopment order that was recorded by the
develooar pursuant to Subsection 380.06(14)(d), F.S.
2) Has then been a cnangs in local govarnment jurlsdictfon
for %my portion of the ceveloomenT since the development order
was Issued? If so. has The annexing local government adopted a,
new Development of Regional Impact development order for the
project? Please provide a copy of "a order adopted by the
annexing local government.
3) Provide copies of anx revised master plans, incremental
site plans, ate., not previously submitted.
Note: If a response is to be more then one or two sentences,
attach as Exhibit 081,
4) Provide a summary comparison of development activity
proposed and actually conducted for the reporting your.
Example, Number of dwelling units constructed, site Improve -
MATS, lots said, acres mined, gross floor area constructed,
barrels of storage capacity corm letad, permits obtained, ate.
Note: if a response is to be more Tnen one sentence. aTteen as
Exhibit 'C'.
S) Have any undeveloped Tracts of land in the developmenT
(other Then individual single -featly lots) been scto To a
separate a"Tity or oevel::er? If so, identify tract, its size,
12 end The tuver. Please ;rovide maps Y.hich snow The Tracts
involve:.
- 9 4 r
rrac t n6ver
849
f-
Egh1bit 3
Page 3
et.>,r~1•o�•aa .
Page Three
Note: If a response is to be more Then one sentence, attach as
Exhibit 'D'.
6) Describe any Isnes purchased or cottoned adjacent to the
original Development of Regional Impact site subsadusnt to
Issuance of the development order. identify such land, its six*,
end Intended use on a site plan and map.
Note: If a response Is to be were then one sentence, sTTSCn as
Exhibit 'E'/
7) List any substantial local, state, and federal permits
which have been obtained, nulled for, or denied, during This
reporting period. Specify the agency, type of permit, and duTV
for eacn.
Note: If a response Is To be more tnan one senTance, atTacn as
Exhlblt 'F'.
a) Assess the development's end locsi govept*nT:s'
continuing compliance with any conditions of approval contained
in the ORI development order.
Note: Attach as Exhibit 'G'. (See attscheo form)
9) Provide any information that is specifically reouired
by the Development Order to be included in the annual reoorr.
10) Provide a state-oenT certifying that all persons have
been sent cozies of the annual rsmarT-In conformance with
Subsections 3e0.06(14) and (16), F.S. ,-
Person Co.:.a i et i ng The -GuesT l onna i re:
Title:
Representing:
a-
94- 849 137
69 9119-1149
Em
ft
J-91-751
9/17/91
RESOLUTION NO. 9 698
A RESOLUTION, WITH ATTACHMENTS, AMENDING THE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT
(DRI) MASTER AND INCREMENT I DEVELOPMENT
ORDERS (RESOLUTIONS 87-1148 AND 1149, ADOPTED
DECEMBER 10, 1987), FOR THE AREA OF THE CITY
OF MIAMI UNDER THE JURISDICTION OF THE
DOWNTOWN DEVELOPMENT AUTHORITY (WITH THE
EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AREA); BY AMENDING THE MASTER
DEVELOPMENT ORDER BY UPDATING THE NAME OF THE
AGENT AND DEPARTMENT AND CHANGING THE
INCREMENT I PROJECT DESCRIPTION; BY AMENDING
THE INCREMENT I DEVELOPMENT ORDER BY UPDATING
THE NAME OF THE AGENT AND DEPARTMENT,
EXTENDING THE BUILD-OUT/TERMINATION DATE OF
INCREMENT I FROM DECEMBER 31, 1992, TO
DECEMBER 30, 1997; SIMILARLY EXTENDING THE
DATE FOR PROTECTION AGAINST DOWNZONING•,
EXTENDING THE DATE FOR COMPLETING AIR QUALITY
MONITORING FROM MARCH 15, 1991, TO MARCH 15,
1994, EXTENDING THE TIME TO CONTRACT FOR
CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS
FROM FOUR YEARS TO EIGHT YEARS FROM THE
EFFECTIVE DATE OF THE DEVELOPMENT ORDER, AND
SIMULTANEOUSLY INCREASING AND DECREASING THE
QUANTITY OF DEVELOPMENT IN CERTAIN LAND USE
CATEGORIES IN INCREMENT I; FINDING THAT THESE
CHANGES DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION PER CHAPTER 380, FLORIDA STATUTES
(SUPP. 1990), AND ALSO FINDING THAT THESE
CHANGES ARE IN CONFORMITY WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
WHEREAS, on December 10, 1987, the City Commission adopted
Resolution No. 87-1148 approving a Master development order for
the Downtown Miami Development of Regional Impact, and Resolution
No. 87-1149 approving the Increment I development order for the
Downtown Miami Development of Regional Impact; and
WHEREAS, development in the downtown area has progressed at
a slower rate than anticipated in the Increment I development
order, thereby necessitating an extension of the project build-
out/termination date and several related deadlines within the
development orders; and
WHEREAS, the land use categories for attractions/recreation
facilities and hotels need to be increased to accommodate
proposed new developments, while there is a surplus of unused'
development in the office land use category; and 9 4
CITY COIF ISSION '
ATTACH MEENTS MEETlIlG OF
CONTAINED SEP 86 1991
91-• 698
R
13
q
CEO
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on July 17, 1991, following an advertised public hearing,
adopted Resolution No. PAB 48-91 by a 8 to 0 vote, recommending
approval of the proposed amendments to the Master and Increment I
development orders for the Downtown Miami Development of Regional
Impact as attached hereto; and
WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes
(Supp. 1990), on August 12, 1991, the Downtown Development
Authority submitted a Notification of a Proposed Change to a
Previously Approved DRI, to the City of Miami, the South Florida
Regional Planning Council, and the Florida Department of
Community Affairs; and
WHEREAS, on September 26, 1991, the Miami City Commission
held a public hearing on the proposed amendments to the Master
and Increment I development orders for the Downtown Miami
Development of Regional Impact as attached hereto; and
WHEREAS, the City Commission determined that all
requirements of notice and other legal requirements have been
complied with for an amendment to the Master and Increment I
development orders for the Downtown Miami Development of Regional
Impact; and
WHEREAS, the City Commission deems it advisable and in the
best public interest of the general welfare of the City of Miami
to amend the Master and Increment I development orders for the
Downtown Miami Development of Regional Impact as hereinafter set
forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The proposed amendments to the Master
development order for the Downtown Miami Development of Regional
Impact (Resolution No. 87-1148), which are attached hereto as
Exhibit "A" and made a part hereof, do not constitute a
substantial deviation and, therefore, do not require further
development of regional impact review pursuant to Subsection
380.06(19), Florida Statutes (Supp. 1990). These amendments are
911-- 849
_2_ 91-1 198
r
in conformity with the Miami Comprehensive Neighborhood Plan
1989-2000.
Section 2. The attached amendments to the Master
development order for the Downtown Miami Development of Regional
Impact (Exhibit "A") are hereby approved.
Section 3. The proposed amendments to the Increment I
development order for the Downtown Miami Development of Regional
Impact (Resolution No. 8701149), which are attached hereto as
Exhibit "B" and made a part hereof, do not constitute a
substantial deviation and, therefore, do not require further
development of regional impact review pursuant to Subsection
380.06(19), Florida Statutes (Supp. 1990). These amendments are
in conformity with the Miami Comprehensive Neighborhood Plan
1989-2000.
Section 4. The attached amendments to the Increment I
development order for the Downtown Miami Development of Regional
Impact (Exhibit "B") are hereby approved.
PASSED AND ADOPTED this 26th day of ,September , 1991.
13�—
AT L. XAVIER SUAREZ, MAYOR
/7-/
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
�. l W
-e-A
JOEIL E. MAXWELL
CHIEF ASSISTANT C Y ATTORNEY
D AS TO FORM AND CORRECTNESS:
. a
Q Z i zv
NN JON
ACTIN CITY ATTORNEY
M 880 JEM�db�
94- 849 I �I
-3-
91— 598
�42
Exhibit "A"
Master Development Order
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
Matthew Schwartz
AUTHORIZED AGENT OF DEVELOPER:Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
UTTIce
b yly Oyu
14 L19 ttu
(gross square feet)
3,600,000 3,700,000
Government Office
(gross square feet)
300,000
250,000 200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000 500,000
1,950,000
Hotel
(rooms)9
1 500
500 1,100�99
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
Attractions/Recreation
(seats)
6 500
.�
1,600 5,000
13 100
C4'
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total
amount of
development planned for
each land use
category, but provides flexibility for
such development to be
located anywhere
within the Project Area, subject to
local land development
regulations.
The Project Area includes all
property
within the boundaries
of the Downtown Development Authority,
with the
exception of that area
between NE/NW
5th Street and I-395 known
as "Park
West", as illustrated
on the map in
Exhibit 1 and described in
Exhibit 2
attached hereto. The Project Area contains a total of approximately
839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
94- 849
91-
698
1
143
Exhibit 8
Increment I Development Order
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
Matthew Schwartz
AUTHORIZED AGENT OF DEVELOPER: xecutive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I
Increment II
Increment III
Totals
Office
6 919 550
14 219 550
(gross square feet)
99;Q69
3,600,000
3,700,00099--,
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(rooms)
1 5000
500
1,100
3 100
Kw -
Residential
(dwelling units)
3,550
2,550
2,920
9,020
Convention
(gross square feet)
500,000
0
0
500,000
Wholesale/Industrial
(gross square feet)
1,050,000
0
1,050,000
2,100,000
Institutional
(gross square feet)
300,000
0
300,000
600,000
Attractions/Recreation 6 500 13 100
(seats) 1 1,600 5,000 Wt
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
such development to be located anywhere within the Project Area, subject to
+local land development regulations. The Project Area includes all property
within the boundaries of the Downtown Development Authority, with the
exception of that area between NE/NW 5th Street and I-395 known as "Park
West", as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
4- 849
91._. 69P
Exhibit B
Increment I Development Order
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
DEFINITIONS: For the purposes of this Development Order, the following terms
shall be defined as follows:
ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the DDA on November 25, 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 16 on page 13 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Building
Code, for any "Net New Development" as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority: The Downtown Development Authority of
the City of Miami, Florida.
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
DRI: Development of Regional Impact.
Development Credits: The individual units of land uses included within Total
Allowable Development, as measured by square footage or number of dwelling
units, hotel rooms, or seats.
FDER: The Florida Department of Environmental Regulation.
Ma9or Use Special Permit: A special permit issued by the City Commission
pursuant to Ordinance 9560, the Zoning Ordinance of the City of Miami, as
amended.
Net New Development: Any construction or reconstruction which will result in
a net increase, within any "Parcel of Land", of residential dwelling units,
2 �4- 841
9] ... 698
Exhibit 8
Increment I Development Order
hotel rooms, seats in attractions/recreation facilities or gross square
footage for office, government office, retail/service, convention,
wholesale/industrial or institutional uses. Land uses to be removed by
demolition of a building or structure may be credited against the proposed new
land uses for purposes of calculating the net increase, if the Planning
Director determines -that there was a valid Certificate of Occupancy existing
on the effective date of this Development Order for the land uses to be
demolished. If a change of land use is proposed, the Planning Director may
credit the prior land use against the proposed land use based upon equivalent
impacts as measured by peak hour vehicle trip generation. Any activity which
has on the effective date of this Development Order a valid building permit or
any currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New Development any
small development under 10,000 square feet in floor area, if he finds that
such development would have no, regional impact as measured by peak hour
vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, and which is
designated by its owner or developer as land to be used or developed as a unit
or which has been used or developed as a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1
herein.
Project Area. The area included within the legal description in Exhibit 2.
Total Allowable Development: The quantity of Net New Development for which
Certificates of Occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development Order, as
may be modified pursuant to F.S. 380.06(19) (1987), and which shall be
measured by the following land uses:
6 919 550
Officegross square feet
Government Office 300.000 gross square feet
Retail/Service 1,050,000 gross square feet
1 500
Hotel rooms
3 ��- 849
91 - 998
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Exhibit B
Increment I Development Order
3,550 dwelling units
560,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
6 500
seats
The City may permit simultaneous increases and decreases in the above
described land use categories, provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved, as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A.
8
C.
D
E.
The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
The real property which is the subject of this Development Order is
legally described in Exhibit 2.
The DDA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
The purpose 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
4 9-4_ 849
1+7
91- 698
Exhibit 8
Increment I Development Order
significance. The CADA seeks a single DRI review process for overall
phased development of the downtown area rather than requiring each
individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue tb be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA is intended to serve as a flexible guide to planned development of
the Project Area rather than a precise blueprint for its development.
Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master
development approval for three increments of development over a period
of approximately twenty years and specific development approval for
Increment I, which is the first phase of development projected for a
period of approximately five years. Subsequent incremental applications
may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
G. The Project Area contains a total of approximately 839 acres, including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
jH. The Project is not located in an area of critical state concern as
I
designated pursuant to F.S. 380 (1987).
I. A comprehensive review of the probable impacts that will be generated by
Increment I of the Project has been conducted by various City
departments, as reflected in the CADA, and the South Florida Regional
Planning Council staff.
J. This Development Order is consistent with the report and recommendations
of the South Florida Regional Planning Council, entitled "Development of
Regional Impact Assessment for Downtown Miami - Increment I", dated
October 5, 1987. The South Florida Regional Planning Council recommends
approval of Increment I of the Project, and all conditions to which such
approval is subject are reflected herein.
5
91- 849
91- 698
Exhibit B
Increment i Development Order
K. Increment I of the Project is consistent with the applicable portion of
the State land development plan and the Regional Plan for South Florida.
L. Increment 1 of the Project is in conformity with the adopted Miami
Comprehensive Neighborhood Plan.
M. Increment I of the Project is in accord with the district zoning
classifications of Zoning Ordinance 9500, as amended.
N. Increment I of the Project will have a favorable impact on the economy
of the City.
P. Increment I of the Project will efficiently use public transportation
facilities.
Q. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
R. Increment I of the Project will efficiently use necessary public
facilities.
S. Increment I of the Project will include adequate mitigative measures to
assure that it will not adversely effect the environment and natural
resources of the City.
T. Increment I of the Project will not adversely affect living conditions
in the City.
U. Increment I of the Project will not adversely affect public safety.
V. There is a public need for Increment I of the Project.
CONCLUSIONS OF LAW:
That, having made the findings of fact contained above, the City
Commission hereby concludes as a matter of law, the following:
A. The DDA constitutes a "downtown development authority" as defined in
F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make
application for development approval and receive a development order.
B. Increment I of the Project complies with the Miami Comprehensive
Neighborhood Plan, is consistent with the orderly development and goals
of the City of Miami, and complies with local land development
regulations.
6 94— 849
91-- 5ns
1650
Exhibit B
Increment I Development Order
C. increment I of the Project does not unreasonably interfere with the
achievement of the objectives of the adopted State land development plan
applicable to the City of Miami and the Regional Plan for South Florida.
D. Increment I of the Project is consistent with the report and
recommendations of the South Florida Regional Planning Council and'does
not unreasonably interfere with any of the considerations and objectives
set forth in F.S. 380 (1987).
E. Changes in Increment I of the Project which do not exceed the Total
Allowable Development or which do not result in a net reduction of more
than 5 percent in total acreage zoned and developed as City parks, shall
not constitute a substantial deviation under F.S. 380 (1987).
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of
law set forth above, it is ordered that Increment I of the Project is hereby
approved, subject to the following.conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE
DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER
TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL:
1. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations,
ordinances and other laws.
2. For the purpose of base -line data collection, conduct air quality
monitoring for carbon monoxide (CO) concentrations based on the
following requirements: "
a. CO monitoring data shall be provided for each of the three (3)
sub -areas as described in the CADA: Brickell, the Central
Business District and Omni.
b. The monitoring shall consist of four (4) weeks of data collection
during the winter months, November 15th through March 15th, for
each sub -area.
7
94- 849
91- q 9 -s
Exhibit B
Increment I Development Order
C. The monitoring for each sub -area shall be completed prior to the
Issuance of any certificate of occupancy within that sub -area for
the first development under this Development Order which meets 100
percent of the presumptive threshold for Developments of Regional
Impact pursuant to Rule 27F, F.A.C., within that sub -area; or
prior to March 15, 49% 1994, whichever comes first.
d. The monitor will be located at the presumed worst case
intersection for the Brickell and Omni sub -areas. The location
will be selected jointly by the City, Florida Department of
Environmental Regulation (FDER), Dade County Environmental
Resources Management (DERM), and Council staff. It has been
agreed by these agencies that the existing monitor located in the
Central Business District will be acceptable for that sub -area.
e. Perform the monitoring required by 2a. and 2b. above as prescribed
by the policies and regulations governing DERM and submit final
air quality monitoring reports to FDER, DERM, and the Council
staff within 60 days of the completion of the monitoring.
3. Conduct air quality modeling of carbon monoxide impacts to determine
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be completed within
one year after the base -line data monitoring has been completed pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 3a. below. The air quality modeling shall follow FDER guidelines and
shall:
a. Be limited to no more than ten (10) intersections to be selected
from among the intersections projected in the CADA to operate at
level of service E or F. The intersections shall be selected
jointly by 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.
B
94- 849 d5
91- 98
Exhibit 8
Increment Development Order
C. Include proposed changes to air quality monitoring as justified by
the air quality modeling analysis.
4. If the results of the air quality modeling study, as described in
paragraph 3 above, are more than 85 percent but less than 100 percent of
the State standards for CO concentrations, implement an air quality
monitoring and abatement program following approval of the report
pursuant to 3b above. The monitoring and abatement program, including a
time frame for implementation, must be approved by the Council staff and
the City subsequent to review and comment by FOR and DERM. The program
may include, but is not limited to, the following techniques:
a. Transportation Control Measures (TCM).
b. Physical planning measures (e.g. signalization, parking area
locations, addition of turn lanes, etc.).
C. The continuance of monitoring for specified sub -areas.
5. If the results of the air quality modeling study, as described in
Condition 3 above, exceed State standards for CO concentrations, do one
of the following:
a. Provide acceptable documentation which clearly indicates that CO
exceedences will not occur, or that the Net New Development
seeking approval will not contribute to the predicted CO
violation, or that any potential CO additions for each Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER and
DERM) prior to issuance of building permits for the particular Net
New Development. Such documentation may include a modeling study
which incorporates measures such as those contained in Condition
4a., b., and c., above. This documentation must be approved by
the Council staff and the City subsequent to review and comment by
FOR and DERM.
9 849
91- S- 98
Exhibit B
increment 1 Development Order
b. Withhold the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
6. Based upon the transportation impacts generated by Total Allowable
Development for Increment I, pay or contract to pay $7,543,419 (fair
share in 1987 dollars), to be expended on any or all of the following
transportation'improvements:
a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge
and approaches,
b. intersection improvements to the entrance and exit ramps to I-395
at NE 1st Avenue and NE 2nd Avenue,
C. other transportation improvements if mutually agreed upon by the
City and Council staff, subsequent to review and comment by Dade
County and the Florida Department of Transportation.
The City shall pay or contract to pay the fair share within 60 days
following notice that the subject improvement has been let to contract
for construction. In the event the City contracts to pay the fair
share, such contract shall in no way affect the construction schedule of
the subject transportation improvement. If the improvements above have
not been let to contract for construction before the earlier date of a.
or b. specified below:
a. 4-ear eight years after the effective date of the Development
Order, or
b. the date of issuance of Certificates of Occupancy for more than 80
percent of the Total Allowable Development,
then Council staff, the City, Dade County, and the Florida Department of
Transportation (FDOT) will jointly decide the reallocation of $1,543,4?9
(fair share in 1987 dollars) within 90 days of the earlier date of
either a. or b. specified above.
7. Withhold the issuance of building permits for Net New Development if the
City has been determined to be in noncompliance with paragraph 6 above.
8. Make efforts to work closely with applicable governmental agencies to
ensure that the Metromover Stage II herein be completed as identified in
to 9 4 — 849
9]- S98
/5.3
Exhibit 8
Increment I Development Order
the current Metropolitan Planning Organization's Transportation
Improvement Program (TIP) published in June, 1987. In the event that by
December 31, 1992, the Metromover Stage II improvements are not
substantially under construction, as determined by Council staff, then
this situation will be considered a substantial deviation from the
mitigative efforts anticipated to offset the adverse impacts of Total
Allowable Development. In this event, the Applicant shall be required
to undergo additional Development of Regional Impact review for
transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h),
(1986). Such additional Development of Regional Impact review, if
required, shall be initiated by March 31, 1993. Net New Developments
which have obtained building permits prior to December 31,.1992 shall
not be affected by any subsequent review.
9. Within 6 months of the effective date of this Development Order, prepare
and recommend to the Miami City Commission a Transportation Control
Measure (TCM) Ordinance, which shall require Net New Development to do
the following.,
a. actively encourage and promote car and van pooling by establishing
or participating in a car pool information program, and
b. provide mass transit route and schedule information in convenient
locations throughout the individual development, and
C. encourage mass transit use by the provision of bus shelters, bus
turnout lanes, or other amenities to increase transit ridership.
In addition, the TCM Ordinance shall include other appropriate
transportation control measures to be selected from but not be limited
to the list entitled "Table 4.9 - Potential Transportation Control
Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The
TCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
154 11 9A- 849
91- 698
Exhibit 8
Increment I Development Order
10. In the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
Miami City Commission within 18 months of the effective date of this
Development Order, determine that this situation constitutes a
substantial deviation from the mitigative efforts anticipated to offset
the adverse impacts of Total Allowable Development. In this event, the
Applicant shall be required to undergo additional Development of
Regional Impact review pursuant to F.S. 380.06(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 Beeember 31, 199= December 30, 1997 as the date until which
the City agrees that the grantees of building permits or Major Use
Special Permits for new development, under the Downtown Miami -
Increment I Development of Regional Impact shall not be subject to
down -zoning, unit density reduction, or intensity reduction to the
extent of the amount of development included within the building permit
or Major Use Special Permit, unless the City can demonstrate that
12 94` 849
/
91- 698
I 5(
Exhibit B
Increment I Development Order
substantial changes in the conditions underlying the approval of the
development order have occurred, or that the development order was based
on substantially inaccurate information provided by the Applicant, or
that the change is clearly essential to the public health, safety or
welfare.
MONITORING, REPORTING, AND ENFORCEMENT:
13. The City shall monitor the capacity of Total Allowable Development by
reserving• the amount of Development Credits necessary for Net New
Development at a time, to be determined by the City, prior to or
coincident with approval of a building permit or Major Use Special
permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a, reasonable period of time after approval to prevent
.stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
14. Upon the issuance of a Certificate of Occupancy for any Net New
Development, the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
15. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council, one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this Development Order.
The CADA shall be prepared as follows:
a. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
13
94- 849
91- 608
Exhibit 8
Increment I Development Order
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
b. Revised pages will have a "Page Number (R) - Date" notation, with
"Page Number" being the number of the original page, "(R)"
indicating that the page was revised, and "Date" stating the date
of the revision.
16. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or modified by agreement among the
Council, City, and Applicant, its successors, and/or assigns.
17. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
18. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be incorporated into
the annual report required in the Downtown Miami Master Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit 3.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
14 94_ 841 91— a598
Exhibit 8
Increment I Development Order
C. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Development Approval and which have been identified by the City,
the Council, or the Department of Community Affairs as being
significant. -
e. Specification of any amended DRI applications for development
approval or requests for a substantial deviation determination
that were filed in the reporting year or to be filed during the
next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have been sent copies of the annual
report in conformance with F.S. 380.06 (18) (1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15) (1987).
i. Any other information required by the Department of Community
Affairs (DCA) in accordance with F.S. 380.06 (18)(1987).
19. The City shall enforce the requirements of the Dade County Shoreline
Development Review Ordinance (85-14) for all subsequent developments
within the Shoreline Development boundary.
15 94- 849
9 1 - 9R
Exhibit 8
Increment I Development Order
20. The deadline for commencing any development shall be two (2) years from
the effective date of this Development Order. The termination date for
completing development shall be Beeember 31, 199-2 December 30, 1997,
provided that the Applicant, or its successors and assigns, complies
with paragraph 25 herein. The termination date may only be modified in
accordance with-F.S. 380.06(19)(c) (1987).
21. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs, Council, and
Applicant; provided, however, that if this Development Order is
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)
(1987).
22. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land upon
passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days, the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
16 94_ 849
9] - 698
I�
Exhibit 8
Increment I Development Order
unless the violator does not diligently pursue the curative action to
completion within a reasonable time, in which event the City will give
15 days notice to the violator of its intention to stay the
effectiveness of this Development Order and withhold further permits,
approvals, and services to the Parcel of Land in which the violation has
occurred and until the violation is cured. The terms of this paragraph
may be modified from time to time by written agreement by the DDA, the
City, and Council staff, to enable the City to enforce the terms of this
Development Order to the fullest extent, while providing due process to
all developers under this Development Order.
23. The Planning Director, City of Miami Planning Department, is hereby
designated to monitor compliance with all conditions of this Oevelopment
Order and shall have the duty and authority to interpret the provisions
of this Development Order and to promulgate rulings, regulations and
procedures necessary to implement it, provided the same are not
inconsistent with the terms hereof or of F.S. 380 (1987). or duly
promulgated and adopted rules thereunder. Appeals to decisions of the
Planning Director may be filed pursuant to procedures set forth in
Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami,
Florida, as amended. Any noncompliance shall be subject to the
provisions of paragraph 22 herein.
24. The South Florida Regional Planning Council report and recommendations,
entitled "Development of Regional impact Assessment for Downtown Miami -
Increment I", dated October 5, 1987, is incorporated herein by
reference.
25. Within 30 days of the effective date of this Development Order, it shall
be recorded with the Clerk, Dade County Circuit Court, pursuant to
F.S. 380.06(15) (1987), specifying that the Development Order runs with
the land and is binding on the Applicant, its successors, and/or
assigns, jointly or severally.
26. The existence of this Development Order shall not act to limit or
1(oo proscribe the rights of any person under F.S. 380 (1987) to file an
17 94- . 849
91- 698
Exhibit 8
Increment I Development Order
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, not
withstanding the existence of this Development Order. In the event that
such an individual development order is approved and becomes effective,
the individual development order shall control development of the
property covered by the individual development order and the terms and
conditions of this Development Order shall no longer be binding upon the
property. Any such individual development orders shall, by their terms,
be consistent with the objectives and conditions of this Development
Order.
27. This Development Order shall not repeal, nor amend in any way, any other
currently effective development order or building permit within the
subject area previously issued by the City Commission pursuant to F.S.
380 (1987). This Development Order shall not create nor authorize the
creation or imposition of any additional requirements or restrictions,
with respect to any present or future development under any currently
effective Development Order or building permit issued prior hereto.
Notwithstanding this paragraph, the City shall continue to have whatever
authority pursuant to law it may now have or may acquire in the future
(other than by virtue of this Development Order).
28. This Development Order shall not create nor impose any additional
requirements or restrictions upon the City with respect to its powers to
enact impact fee or assessment ordinances on development, including Net
New Development under this Development Order and future development of
the City, as such impact fees or assessments may be authorized by law.
29. In the event that a substantial deviation is determined under the terms
of this Development Order or F.S. 380 (1987), the City shall retain its
ability to issue building permits and Major Use Special Permits and
shall continue to do so unabated, subject to the terms and conditions of
this Development Order.
30. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
I
18 f 4- §49
Exhibit g
Increment I Development Order
Development Order, the City shall either, under this Development Order
or under the powers granted it by state law, be permitted to continue to
issue .building permits, Major Use Special permits and Certificates of
Occupancy until such time as a final resolution of the litigation
occurs.
94- 849
19
91- 69Q