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HomeMy WebLinkAboutR-94-0850J-94-858 11/17/94 RESOLUTION NO. 9 4 r 850 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 (DEPICTED AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA, THEREBY AMENDING THE MASTER DEVELOPMENT ORDER BY CHANGING THE INCREMENT I PROJECT DESCRIPTION, SIMULTANEOUSLY ADDING A NEW LAND USE CATEGORY AND INCREASING AND DECREASING THE QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN INCREMENT I; FINDING THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1993), AND ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master development order for the Downtown Miami Development of Regional Impact, and Resolution No. 87-1149 approving the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, a new land use category for Marine Facilities needs to be created to accommodate proposed new development in accordance with the City of Miami's Downtown Waterfront Masterplan, while there is a surplus of unused development in the office land use category; and �= CObSUSSION MEETINI G OF 7 *��+ Resolution No. 94- 850 WHEREAS, any new development which will be proposed under the aforementioned new land use category shall be limited to the Downtown Waterfront Masterplan area as depicted in "Exhibit C", attached hereto and made a part thereof; WHEREAS, the creation of the aforementioned new land use category is compatible with the uses designated for the downtown area and does not conflict with the land use designations for the area as designated in the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 12, 1994, following an advertised public hearing, adopted Resolution No. PAB 54-94 by a vote of six to one (6-1) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 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 WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been - 2 - 94- 850 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 87-1148, as amended by Resolution 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 review pursuant to Subsection 380.06(19), Florida Statutes (1993). 1/ The Project Area includes all J 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 "Downtown/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- 850 - 3 - Section 3. It is hereby found that the herein amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 4. The attached amendments to the Master Development Order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 5. It is hereby found that the proposed amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1149), which are attached hereto as Exhibit "B" and made a part hereof, do not constitute a substantial deviation and therefore, do not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1993). It is further i determined that these amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 6. The attached amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved. Section 7. This Resolution shall become effective i { immediately upon its adoption. PASSED AND ADOPTED this 17th day of November , 1994. , 9 t4 � k< I 4-'- , STEPHEN P. CLARK, MAYOR 94- 850 - 4 - j PREPARED AND APPROVED BY: 0 L E. MAXWEL D PUTY CITY AT ORNEY r APPROVED AS TO FORM AND i CORRECTNESS: CITY ATTORN M4670/J EM/m�s — 5 — 04- 850 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 2007 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 14,219,55 6,677,277 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 (rocens) 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 04- 850 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-- 850 - 2 - Exhibit "B" Increment I Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007 2014, including the following land uses and increments: Land uses Increment IIncrement IIIncrement IIITotals Buildout- Buildout- Dec.30, 1999 Dec.30, 2005 Office (gross square feet)6,919,550- 3,600,000 6,677,277 Government Office (gross square feet) 300,000 250,000 Retail/Service (gross square feet)1,050,000 Hotel (rooms) 1,500 Residential (dwelling units) 3,550 Convention (gross square feet) 500,000 Wholesale/Industrial (gross square feet)1,050,000 Institutional (gross square feet) 300,000 Attractions/Recreation (seats) 6,500 Marine Facilities 230,000 400,000 500 2,550 I Buildout- Dec.30, 2014 3,700,000 14,219,5 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 4- 850 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. 94- 85® - 2 - LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). 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 i i 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. 94- 850 — 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 i 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 J 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- 850 - 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 6—,944—i5i0 6,677,277 gross square feet Government Office 300,000 gross square feet Retail/Service 1,050,000 gross square feet Hotel 1,500 rooms Residential 3,550 dwelling units Convention 500,000 gross square feet Wholesale/Industriall,050,000 gross square feet i Institutional 300,000 gross square feet Attractions/Recreation6,500 seats Marine Facilities 230,000 gross square feet i 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: 04- 850 — 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 - 6 - 94- 850 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. 38O.O6(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 I 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. 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. RQ. 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. -UT. 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- 850 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 i regulations. C. Increment I of the Project does not unreasonably interfere with the j 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 1 recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives j 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 Iapproved, 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 - 04- 850 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, 44N 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 i located in the Central Business District will be acceptable for that sub -area. 94-- 850 - 10 - 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 HER guidelines and shall: a. Be limited to no more than ten (10) intersections to be selected i 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. i C. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. I 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 - 04' 850 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 i 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by I 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- 850 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. e4g4tt ten years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 i percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of i Transportation (FOOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b. specified above. 94-- 850 — 13 — 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applicable governmental agencies 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 i substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the I mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 38O.O6(19)(a)(g) and (h), 4 (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 i or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and — 14 - 94- 850 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 94- 850 — 15 — reviewing individual development applications, monitoring compliance i 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 j ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12. Establish $eeember 30, 1997 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 04- 850 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 i 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)" 94- 850 ! — 17 — 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 I Order shall control and any requirements of the City are specifically i 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 1 report for Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami Master Development I 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- 850 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 i Development Approval and which have been identified by the City, i 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 I 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- 850 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 ;;eeember 30, 1997 December 30, 1999, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c)(1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)(1987). 22. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative — 20 - 94- 850 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 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 04- 850 - 21 - inconsistent with the terms hereof or of F.S. 380 (1987), or duly and ado adopted rules thereunder. � promulgated p 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 i land and is binding on the Applicant, its successors, and/or assigns, f 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 i 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 i 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. j 94- 850 - 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 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 I (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- 850 31. In the event that the City_ enters into an interlocal agreement with Dade County to develop Bicentennial Park and the F.E.C. Tract as a marine Facility, the City will require that, in the event marine Facility operation changes from the schedule identified in Attachment D of the Notification of a Proposed Change (dated September 7, 1994) and increased impacts to weekday p.m. peak hour traffic are projected to occur, the City will simultaneously increase Marine Facility use and decrease other approved use(s) so that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. The Florida Department of Community Affairs will review and approve such changes to Marine Facilities. 04_ 850 —24— It 75 DIM �AAI ,y� �:,X f' Hill In II igJUr. C.r I s O�O ^ � J•t� �s9 . DOWNTOWN .MIAMI DRi BOUNDARY MAP 94- E50 223 EXHIBIT 2 "� F LEGAL DESCRIPTION OF SUBJECT PROPERTit: Begin at the intersection of the centerlines of N.W. Sth Street and N.W. 3rd Avenue (east side of N-S Expressway (I-9s)), 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/W1 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 1 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 I 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 I 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 I VIEW as recorded in Plat Bode 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 Biock 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 S 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 z 94- 850 1 Bridgd; thence easterly along the said southerly R/w line of "`vghton j Island Bridge tointersection \with the westerly bulkhead .ine 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. Znd 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 I 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 tine 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 tine of Bayfront Park'and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of Biscajne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of i 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 FM Railroad to the united access right-of-way. of I-395; thence southeasterly and westerly along the limited access right-of-way of I-395 to the centerline of Biscayne Boulevard, thence- southerly along the centerline of 81sWrne Boulevard to the interline of N.E. Sth Street, thence westerly along the centerline and N.E. and N.V. Sth Street to the point of beginning. The above. described area contains approximately 839 acres. i PLANNING FACT SHEET PZw4 APPLICANT Downtown Development Authority APPLICATION DATE REQUEST/LOCATION Consideration of amendming the Master and Increment I Development Orders of the Downtown Development of Regional Impact (DRI) for the purposes of creating a new land use category entitled "Marine Facilities", and amending the quantities of development in certain categories. LEGAL DESCRIPTION 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 adding a new land use category entitled "Marine Facilities", and by increasing and decreasing the quantities of development in certain land use categories accordingly; finding that these changes 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 The requested amendments to the Master and Increment I Development Orders of the ANALYSIS Downtown Development of Regional Impact (DRI) are for the purpose of introducing a new land use category entitled "Marine Facilities" into the Development Orders and to adjust the quantities of development in those Development Orders to accommodate the proposed new category. The purpose of this amendment is to enable the Downtown area to develop its waterfront in accordance with the established Downtown Waterfront Masterplan. Please see the attached "Notification of a proposed change to a previously approved DRI" for additional information and the methodology used to determine the modifications to the land use and development tables and the exchange rates. PLANNING ADVISORY BOARD Approval VOTE: six (6) to one (1) CITY COMMISSION 9 4_ 850 APPLICATION NUMBER 94-143 October 12, 1994 10/14/94 - Page 1 f RESOLUTION PAB - 54-94 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE MASTER.AND INCREMENT I DEVELOPMENT ORDERS OF THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) BY ADDING A NEW LAND USE CATEGORY ENTITLED "MARINE TACILITIES", AND BY INCREASING AND DECREASING QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE - CATEGORIES ACCORDINGLY. HEARING DATE: October 12, 1994 VOTE: six (6) to one (1) - ATTEST: x-) �I'���1�'✓ TEWIO RODRIGUEZ, DIRE T R PLANING, BUILDING AND ZONING BACKUP ATTACHMENT FOR ITEM # I , PAB FORM RPM-BSP-PROCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCES PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING i 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 government, the regional planning agency, arid 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. t 7 (Date) 34- 850 2. Applicant (name, address, phone). Matthew Schwartz (successor or assigns) Downtown Development Authority 330 Biscayne Boulevard, Penthouse Miami, FL 33132 Phone: (305) S79-667S 3. Authorized Agent (name, address. phone). Joel E. Maxwell Sergio Rodriguez/Lourdes Slazyk City of Miaml Law Department City of Miami Planning, Building and 1100 Amerifirst Building boring Department Miami, FL 33131 27S N.W. 2nd Street Phone: (305) S79-6700 Miami, FL 33128 Phone: (30S) S79-6086 Rob Curtis Bermello, anvil & Partners 2601 S. Bayshore Drive, 10th Floor Miami, FL 33133 Phone: (305) 8S9-20S0 4: Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Miami Dade County, Florida Section 37, Township S3 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): Res A. Change the Project Description to conform to the land use changes described in Increment I (see "F" below). The following changes are proposed to the Increment I development order (Res. #914M: B. An es:teosion of the bulldout/termination date of the Increment I development order from December 309 19979 to December 309 19". This change is n because development has proceeded at a much slower rate than Len 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 R). 94- 850 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 dawn.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 15, 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 1998, 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. 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 711 above, because the City reifies on fair share fees paid by developers when building permits are issued to finance the cost of the transportation improvements (see Chapter 13, Article II 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 decreased 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. 8ffii140' No change in maps. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved •in the development. If no change is proposed or has occurred, indicate no change. See Attachment A. An extension of the buildout/termination date of the Increment 1 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 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 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 H of the Miami City Code, Attachment Q. • Simultaneous increases and decreases in the proposed land uses in Increment I (see Attachment D for explanaddn of calculations): 1) Attractions and recreadon facilities ing3agd from 3,400 seats to 69500 seats, and Hotels kMaNd from 1,000 rooms to 1,S00 rooms. 2) Office uses decreased by 1809450 square fat, resulting in a change from 7,100,000 square fat to 6,919,550 square fat of oitice 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. 88-16389 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 "Y" below). Mw following changes are proposed to the Increment I development order ('Res. 087-1149): • 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 Departmeat. J 94_ 850 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 40% of the criteria in 380.06(19)(b); however, with the simultaneous decrease in Office land use, the proposed changes are less than 40%. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO 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. Yes, as follows: Increment I - December 30, 1999 Increment II - December 30, 2005 Increment M/Master - December 30, 2014 11. Will the proposed change require an amendment to the local government comprehensive plan? Emm No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 91-2.025, Florida Administrative Code: 10 94- 850 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. 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; 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 appQcable. 1- 850 l d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; $g§ponse: December 31, 2002 for Increment I. C. 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, 1999 for Increment I. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. esRons; Not applicable. 94- 850 ATTACHMENT A 94- 850._ TYPE OF CHANGE LAND USE CATEGORY SUBSTANTIAL DEVIATION DETERMINATION CHART PROPOSED ORIGINAL PREVIOUS D.O. PLAN PLAN CHANGE + DATE Attraction/ # Parking Spaces Recreation # Spectators # Seats Not Applicable 3,400 69500 Site locational changes Acreage, including drainage, ROW, easement, etc. # External Vehicle Trips Not Applicable 7 p.m. peak hour 14 p.m. peak hour D.O. conditions ADA representations Airports Runway (length) Runway (strength) Tertninal (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 pkaer Acreage, including 1 drainage, ROW, easements, etc. # External Vehicle Trips D.O. conditions ADA representations Not Applicable Not Applicable SUBSTANTIAL DEVIATION DETERMINATION CHART TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATEGORY PLAN PLAN CHANGE + DATE Industrial Mining Operations Office Acreage, including Not Applicable drainage, ROW, easements, etc. # Paridng Spaces Building (gross square feet) # Employees Chemical storage (barrcis and lbs.) Site locational changes # External Vehicle Trips D.O. conditions ADA representations Acreage mined (ear) Not Applicable Water Withdrawal (gal/day) Size of Mine (acres), including drainage, ROW, easements, etc. Site locational changes # External Vehicle Trips D.O. conditions ADA representations Acreage, including drainage, ROW, easements, etc. Building (gross square feet) 6,676,227 sq. ft. # Parking Spaces # Employees Site locational changes # External Vehicle Trips 3,397 p.m. peak hour D.O. conditions we Attachment D ADA representations see Attachment D 7,100,000 sq. ft. 4,250 p.m. peak hour 6,919,550 sq. f. 4,142 p.m. peak hour SUBSTANTIAL DEVIATION DETERMINATION CHART PROPOSED ORIGINAL PREVIOUS D.U. CHANGE + DATE TYPE OF CHANGE LAND USE CATEGORY PLAN PLAN Petroleum/Chem. Storage Capacity, Not Applicable Storage (barrels and/or lbs.) Distance to Navigable Water (feet) Site locational changes Facility Acreage, including drainage, ROW, easements. etc. # External Vehicle Trips D.O. conditions ADA representations ports (Mangy) # boats, wet storage # boats, dry storage Dredge and fill (cu. yds.) Petroleum storage (gals.) Site locational changes 2i1,000 sq. ft. Not Applicable Port Acreage. including drainage. ROW, easements, etc. Terminal Facility 145 p.m. peak hour Not Applicable # External vehicle Trips D.O. conditions ADA representations Residential # dwelling units Not Applicable Type of dwelling units # lots Acreage, including drainage, ROW, easements, etc. Site locational changes # External Vehicle Trips ° I D.A. Conditions 0=b C9 SUBSTANTIAL DEVIATION DETERMINATION CHART TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. CHANGE + DATE LAND USE CATEGORY PLAN PLAN Wholesale, Acreage, including Not Applicable Retail, drainage, ROW, easements, etc. Service Floor Space (gross square feet) # Parking Spaces # Employees Site locational changes # External Vehicle Trips D.O. conditions ADA representations Hotel/Motel # Rental Units Not Applicable 1,000 rooms Floor Space (gross square feet) # Parking Places # Employees Site locational changes Acreage, including drainage, ROW, easements, etc. # External Vehicle Trips Not Applicable B02 p.m. peak hour D.O. conditions ADA representations R.V. Park Acreage, including Not Applicable drainage, ROW, easements, etc. # Parking Spaces Building (gross square feet) F• # Employees # Site locational changes # External Vehicle Trips D.O. conditions ADA representations 1,500 rooms 303 p.m. peak hour Y LAND USE SUBSTANTIAL DEVIATION DETERMINATION CHART U11ANUE CATEGORY PROPOSED PLAN open Spate (All natural and Acreage Not Applicable and vegetated Site locational changes non -impervious Type of open space D.O. conditions surfaces ADA representations Preservation, Buffer or Special Acreage Not Applicable Plodection Areas Site lOCatiOital Changes Development of site proposed D.O. conditions ADA representations Nrw. ORIGINAL PLAN Note: If a response is to*be more than one sentence, attthe ach a detailed description of each Proposed modified site plan drawingof S. The Bureau may request additional information from proposed han� a and copies open or his agent. --------------- PREVIOUS D.O. CHANGE + DATE Attachment 8 Downtown DRI Status Report Date: 09/08/94 A. Current Status of Increment I Development Credit Account: Total Reserved Reserved Credits Unreserved Allowable With With Bldg Assigned Development Land Use Development MUSP Permits With CO Credits a=aama=aaaaasaaaaaaamsaaa=aamaaasam:sa:aaama:aaeaaasaasaaasa=aaiea=aa=raaxasaa Office(GSF) 7,219,550 1194989 193500 0 5711511 Retail(GSF) 11050,000 332605 6000 0 711395 Convention(GSF) 500,000 0 0 0 500000 Institutional(GSF) 300,000 0 0 0 300000 Wholes-ale(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 A8, 5 Status Report Downtown DRI - Page 2 Date: 09/08/94 F. Demolitions: Land Use Units of Development a zaaassaassaaaaxzzsaaaaaaaxaaasaazaaaaxsxaaeaaasazaaasaasax 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 saaassaaxsassaaazsmassaaaa-.ssaz=ssassaaasxaasaassaxaaa=asasaazssaasasxsasasaaaaaaxssasss 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 a ---- M-sssaassessaas,aaasasssas::sssmaaa=sssssasaassssms::aaaaaes:esss:sasxaasssxsssaasasaa 20 9 - 4- - 850 0 ATTACHMENT C { 21 ZZ 1 13.14 Sec. 13-14. Administrative fees. DEVELOPMENT LNIPACT 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. 41 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 fre un- less a bond or other surety satisfactory to tl.e city attorney has been filed. Said bond or suret; , is not required when the appellant is a unit of gove-nment. (c) Time for appeals to impact fee boned of re- view. An appeal to the impact fee boar.i 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 final 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. (g) Fee required for review. All requests for re- view of decisions of the building and zoning de- 883 L _ 800 4 13.16 MUM 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 appealing party at least ten (10) days' notice of tl.e 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 of re^ nd nby that board, together with payment of five hun- dred dollars (8500.00) fee. Such request may be Supp. No. 29 Attachment C 1 13.21 filed by the aggrieved building permit applicant, or by ary 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) 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, § 29 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 911_ 850 _ Z3 884 1 13-:1 DEVELOPStEN'T ^%PACT FEES and remain in full force and effect without limi. tation with respect to all such development. (Ord. No. 10426, 12. 4.28.88) Sec. I3.22. 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 other city policies. ordinances and resolutions by which the city seeks to ensure the provision of public facility improvements in con- ;unmion with the development 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 speci- fied herein. (Ord. No. 10426. § 2, 4.28.88)- Secs. 13-23-13-40. Reserved. ARTICLE II. DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE• Sec. 13-41. Short title. This article shall be known and cited as the "City of Miami Downtown Development Supple. mental Fee Ordinance." (Ord. No. 10461. 3 1. .14.88) . *Editor's note —Ord. No. 10441 enacted provisions impw ing the downtown development supplemental fee. wesch were numbered 13.A.1-13.A•13. For purposes of clandleation. the *doer has added these provisiena to Ch. 13. numbonal them 1341-1343. The esliibiw referred to in this artula we not reproduced in the Code: they can be found on file in city records in the amen of the City Cleric. Supp. No. 30 Sec. 13-42. Intent. Attachment C 113-43 • This article is intended to impose the down• town development suppiementai fee as a supple• mental fee on new development within the down. town DRI project area. utilizing the defink terms in section 13-43. The downtown development sup• pletmental 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 for cert.= permits. as provided for hereof. tin an amours 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 classified 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 1. 14.88) Sec. 13-43. Definitions. As used in this article. the following words and terms shall have the following meaning, uniess another meaning is plainly intended: ADA or application for development approve shall mean the originai application for develop• ment approval for the downtown Miami project area filed by the DDA on November 25, 1986. pursuant to Florida Status. section 380.06(1987). 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 procedures. 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. Fa 94- .08"© MIAMI CODE Air quaht*%. fees shall mean a. fee charged to all net new development to pay for the for the cit 's costs for air quality monitoring, modeling and mitigation measures as required in the increment I development order for downtown Miami; and which shall be a component -of the downtown develop• ment supplemental fee. Applicant shall mean an individual, corporation, business trust, estate, trust, partnership, associa- tion. 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 aiorementioned. signing an application for a build- ing permit. Auraction&recreation use shall mean theaters. performance .halls. sports arenas, museums, and similar cultural, entertainment. or recreational C acilities. 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 perma. ^ent or temporary andior partial certificate of :ccupancy issued, pursuant to Section 307 of the South Florida Building Code. C:t,• shall mean the City of Miami. Florida. Class C special permit shall have the meaning riven 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 eity's plan for future development adopted by city Ordinance No, 10167, and as may be amended and updated from time to time. Convention use 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.,, Suq. Ne. 30 Attachment C 1 ;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 includinga transportation mitigation fee, an air quality fee. an administration fee, and a DRI/master plan re• covery fee which are assessable to the new devel. opment according to the provisions of this article. Downtown development supplemental fee coeffi• cient 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 and/or increment I deveiopment 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 DRI/moster plan recovery fee shall mean a fee charged to all new development to reimburse the city for costs incurred in the DRL,master 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. DU or dwelling unit shall have the meaning given to "dwelling unit" in the zoning ordinance. Hotel use shall mean any facility containing 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 Quests, 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 mgjor use special permit shall mean a special permit issued by the city commission pur- suant to Ordinance No. 9500. the zoning ordinance of the City of Miami. as amended. QQ .L - 5 6*0 26 t 1.3-43 OE%'E: OPMENT 31PACT FEES Vet new development. shall mean any develop• ment which will result in a net increase. within any parcel of land. of residential dwelling units. hotel rooms. seats in attractions/recreation facili• ties or gross square footage for office, government office, retailiservtce, convention, wholesale/industrial or7nstitutional 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 certificate 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 lased use based upon equivalent 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 he/she 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 development shall mean any new construc• :ion: or development which will result in an in- crease. within any parcel of -land. of residential dwelling units. hotel rooms. seats in attractionsr recreation facilities. or gross square footage for office. retailiservice. 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 use 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 FM peak hour external motor vehicle trip generation. Attachment C i :3.:3 OfAce use shall mean space for the conduct of the administrative Ructions of government or busi• ness and professional acti"ties not including sales of merchandise of the premises. and not including personal services as defined herein under "retail, service use." Parcel of land shall mean, pursuant to chapter 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 developer as land to be used or developed as a unit or w•hicn has been used or developed as a unit. PM peak hour external motor vehicle trips 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 trans,,t vehicles, that have either an origin or a ciesuna- tion within the project area. Project area shall mean the area included wnthin the legal description in exhibit 1, including all property within the boundaries of the Downtown Development Authority, wnth 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. Retatl/service use shall mean space for the sale of merchandise. eating and/or drinking establish- ments. and personal services such as but not lim- ited to hair salons, travel agencies. laundries. art cleaners. bank tellers. photographers. shoe repair. tailoring. etc. Room shall have the meaning given to "lodg• ing unit" in the zoning ordinance. SF, gross sg4we 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. Tote! amAt demiopmsnt shall merit the quan- tity of net new development for which certificates of occupancy may be issued under the terms and 94- -805® Sup*. Na 30 987 0 :343 ML01! CODE conditions of the development order. as may be modified pursuant to Florida Statutes. section 380.06(19) (1987). Transportation muigation 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 Miami. and which shall be a component of the downtown develop• meet supplemental fee. Wholesale- industrial use shall mean manufac- turing, wholesale trade, warehousing and storage, printing, automotive and heavy equipment repair. and other general commercial uses permitted vlrithjn CG•2-districts in the zoning ordinance. Zoning ordinance shall mean city Ordinance No. 9500. as amended, or a successor ordinance. the zoning ordinance of the City of :Miami. (Ord. tio. 10461. § 1, 7.14-88) Sec. 13-44. Authority. The city commission is authorized to establish and adopt a downtown development supplemen• tal fee pursuant to the authority granted by the Florida Constitution, Article VII. Sections 1(f). 1(g) 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 the downtown Miami development of regional im• pact development order issued December 10. 1987. 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. 11. 7•1445) Sec. 13-45. Imposition of fee. No building permits or major use special per- mite shall be issued for any new development as herein defined unless the applicant therefor has Supp. No. 30 Attachment C 1 13-46 paid the downtown development supplemental fee imposed by and calculated pursuant to this arts. 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 square footage of floor areal ORC'U"W, on/ r..nrsommwo, ri.A Adit,eNV0 ?,@"arm Land Use Nlneare A,'Q"aV ltmvwrn Ire ca ArWA1 ofrl. $0 722 114.031 to au to "a to Mi Rewifrrvls $0 sit 110.027 10.049 to oto to Ito Gn.anuee 10139 $4 am so ads to 054 10 243 Ieatltutlenel $1 ago to aN to O4a t0 050 11 'sa WANw,e Indu tftel so.is2 60.007 so Ors t0 0!0 t0 267 Howl 50.1+112' $0.013, t0 Ota to oso to 4", Admdentla1 30.3141 80007, 14.048 $0030 to Li' 4aelation $0.126, $0.006' $0.048 60060 to 22V Notes: ' These fee coePRcienu for hotel use are based upon an assumed average of 700 SF per hotel rooms. and snail be adjusted for each development based upon a transports• tion mitigation fee of 3247 004 per room and an air quai- ity fee of S10.476 per room. ' These fee coefficients for residential use are baste uoan an assumed average of 1000 SF per OU. ana snail be aa)usted for seen development osstd upon a transports. tioo mitigation fee of $166.363 per D1: and an air quaitty fat of 117.037 per DU. ' These fee eoetfieienu for attractiofwrecrestion use are based upon an assumed average of 20 5F per seat and shall be adjusted for each development band upon a transportation nutigauen fee of 92.317 per seat and an air quality feet of 90.107tpor teat. (b) The proportionate share for each unit of land use is calculated as follows: (1) Transportation mitigation. The increment I development order requires a fee of seven million. five hundred forty-three thousand. four hundred nineteen dollars (37.543. 419.00) (in 1967 dollars) to midgata the regional aww portation impacts of total allowable develop. ment. This fee was derived from estimated 7 sea 6 13-46 0EVEi0P*s1EN'T "IMPACT FEES improvements necessary to maintain the min. imum level of service standard on regional roadways impacted by total allowable devel. opment (see exhibit 2). The regional trans. portation mitigation fee of seven million, five hundred forty-three thousand. four hundred nineteen dollars (57,543.419.00) is distributed among uruts of land use in total allowable development based upon the average rate of generation of PM peals hour external motor vehicle trips, as utilized in the CADA (see exhibit 3). Z Air quality. The increment I development order requires the city to perform monitoring and modeling for future carbon monoxide (CO) concentrations, and to take appropriate ac- tions to prevent violations. of the minimum standard for CO concentrations. The city es- timates its total cost for compliance with the air quality requirements of the increment I development order to be three hundred twenty thousand dollars ($320,000.00) (see exhibit 4). which is distributed among units of land use in total allowable development based upon the average rate of generation of PM peak hour external motor vehicle trips, as utilized in the CADA (see exhibit 5). 13) DRL'masrer plan recovery. The total cost to the city for preparing the downtown DRI. inas- ter plan and related studies is estimated to be seven hundred thousand dollars (5700.000.00). which shall be distributed equally among all new development on the basis of gross square footage of floor area. The total amount of new deveiopment is estimated to be fourteen mil- lion. five hundred thousand (14.500.000) SF during the time that the increment I devel- opment order is in effect. (4) ;dministratiort. The administrative cost to the city for -enforcing the requirements of the development order is estimated to be one hun- dred forty-five thousand dollars (3145.000.00) per year or a 'total of seven hundred twenty- five thousand dollars i S 7 25.000.00) during the five t5) years that the increment I development order is projected to be in effacL These ad- ministrative costs shall be distributed equally among all new development on the basis of Ste. No. 30 Attachment C ('348 gross square footage of floor area. The total amount of new development is estimated to be fourteen million, rive hundred thousan: (14.500.000) SF during the time that the in. crement I development order is in effect. (Ord. No. 10461. 1 1. 7-14-88) Sec. 13-47. Procedure for calculation of down. town development supplemental fee. Upon receipt of an application for a building permit or a MUSP for a new development, the planning department shall determine the amount of the downtown development supplemental fee due pursuant to the following procedure: (1) Determine whether the deveiopment is txempt by virtue of the conditions specified herein; (2) Determine the applicable 'and uses) based upon the applicant's intended use and the design and configuration of the space, and in the event that a proposed use is not included in one of the land use categories defined here- in, apply the defined land use category most similar to the proposed use in terms of the average rate of generation of PM peak hour external motor vehicle trips; (3) Calcul(1te the gross square footage, number of dwelling units. number of hotel rooms. and number of seats in attractions/recreation fa• cilities as appropriate for each land use. 14) V.ltiply the appropriate units of each land use in the development by the appropriate downtown development supplemental fee coetTicients: (5) Upon written request of the applicant, review and reduce. the amount of downtown devel. opment supplbmental fee calculated. if appro- priate. (Ord. No. 10461. 11. 7.14.88) Sec. 1348. Administration of downtown de• velopment supplemental fee. (a) Collection of downtown develoPment SupPle- mental fee. Downtown development supplemental fees due pursuant to this article for administra- tion fees and DRVmaster plan recovery fees shall be colleetad by the planning department at the ,94_ _fit 889 , .3•46 %Aml CODE time of application for a MUSP. or if a MUSP 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 .1nds 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 (4) fee components: Transportation miti- gation fees. air quality fees. DRLmaster plan re- covery fees. and administration fees. d) Maintenance of records. The city finance de• partment shai► maintain and keep adequate fl- nanciai records for each such account which shall show the source and disbursement of all revenues. which shall account for all moneys received: and which shall ensure that the disbursement of funds from each account shall be used solely and exclu• sively 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, desim construction. land• acquisition, financing. financial and legal services. and administrative costs. Attachment C :3-i6 the collected fees by the end of the calendar quarter immediately following six (6) years of the date of payment of the fee: or the build• 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 supple• mental fees paid for administration and DRLmaster plan recovery are not refundabie. (2) Only the current owner of property may peti• tion for a refund. A petition for refund shall be filed within one (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 massager 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► (e) Refund of dou;niown deveiopment supplemen- tal fee. (1) The current owner of property on which* a downtown development supplemental fee for lS) 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. No. 30 Within one (1) month of the date of receipt of a petition for refund, the city manager or his 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 have, 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. Any money returned pursuant to this subset• tion shall be returned with interest at the rate of three (3) percent per annum. -50 1. 94= 81 , 13-48 DEVELOPMENT ",MPAC'. FEES 16) 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 rnodirieation. 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: (:) Development occurring in the prior year: 12) amendments to the development order: 131 Changing needs for facilities and/or services: ,4) Inflation and other economic factors: 15) Revised cost, estimates for public improvements andor services. 16) Changes in the availability of other funding sources: r71 Such other factors as may be relevant. (Ord. No. 10461. 4 1, 7.14.88) Sec. 13.49. Bonding of capital improvement projects. ;he 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 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. 7•14.88) Sec. 13-30. Appeal procedures: impact fee board of review. The downtown development supplemental fee 30 ordinance hereby incorporates by reference the Su)*. Na SO Attachment C E .3.52 appeals board and procedure as set forth in sec. tions 13.16. 13.17, 13.18. 13.19 and 13.20 of the City Code and hereby establishes their aooiica• bility for any appeals undertaken pursuant to this article. (Ord. No. 10461, 1 1, 7.14.88) Sec. 13-51. Effect of downtown development supplemental fee on planing, zon- ing, subdivision. and other regula- tions. This article shall not affect, in any manner, the permissible use of property, density of develop• ment. design and improvement standards and re• quirements or any other aspect of the deveiop- 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 such development. (Ord. No. 10461, `i 1, 4-14.86) - Sec. 13-52. 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 to substitution or duplication of any other requirements imposed by the city on the devei- opment of land or the issuance of building per. resits. 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 improvements as specified herein. (Ord: No.10461. f i. 7.14-U) D4- 850 .A. t 13.53 StL01I CODE Sec. 1343. Conflicting ordinances. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed to the (4) extent of such conflict. (Ord. No. 10461, 11, 7.14-88) Sec. 1344. SeverabiUty. In the event that any portion or section of this article or the development orders for downtown Miami is determined to be invalid. illegal, or unconstitutional by a court or agency of compe- tent jurisdiction. such decision shall in no man- ner affect the remaining portions of this article or the development orders for downtown Miami. which shall remain in full force and effect. (Ord. No. 10461. ; 1. 7.14.68) Sec. 13.55. Findings. The city commission of Miami. Florida (herein. after "commission") hereby finds and declares that: (1) The real property which is the subject of this article. the project area. is legally de- scribed in exhibit 1; (2) The ODA has filed a CADA with the city. the South Florida Regional Planning Coun- cil. and the Florida Department of Com- munity Affairs: 13) the purpose of the CADA is to identify and assess regional impacts and to obtain ap. proval for total allowable development in accordance with the general guidelines set forth in the development orders and the CADA. The city has recognized the project area as a single area of high intensity de- velopment and focused on the impacts that the total allowable development within the project area will have on land, water. trans- portation. enviroamental, community ser- vices. energy and other resources and sys- tems of regional significance. The CADA seeks a single state DRI review process for overall phased development of the down- town area rather than requiring each indi. vidual DRI scale development within the downtown area to be reviewed separately other than for a major use special permit and as a means of accommodating the im- Supp. -No. 30 Attachment c 1 :3 55 pacts of the non-DRI scale cumulative growth bn the downtown area. Development within the project area is ex• pected to continue to be accomplished over an extended period of time by a variety of developers, which may include the city. Them 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 planned development of the project area rather than a precise blueprint for its de. velopment. Therefore, pursuant to Florida Statutes, section 380.06(21Xb) (1987), the CADA seeks master development approval for three (3) increments of deveiopment ove- a period of approximately twenty (20) years and specific development approval for in. crement I. which is the first phase of de- velopment projected for a period of approx- imately five (5) years. Subsequent incremen• ` tal applications may need to be adjusted to more nearly serve the evolution of market demand and technologies; (5) The project area contains a total of approx• imately eight hundred thirty-nine (839) awes. including approximately seventy-eight (78) acres presently zoned and developed as city parks. The CADA has proposed a quantity of net new development within the project area for the land uses and phases defined herein as total allowable development: (6) A comprehensive assessment of the proba. ble impacts that will be generated by the total allowable development has been con- ducted by various city departments. as re. Elected in the CADA. and as reviewed by the South Floridat•Regional Planning Coun- cil staff: (7) The impacts found in the development order are consistent with the report and recom• mendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Down- town :Miami." dated October 5. 1967; (8) Net new development imposes demands upon public facilities and services benefiting the '94` 8.50 3 1 $ 13.55 DEVELOPMENT IMPACT FEES region and requires additional regional infrastructure; (9) 7'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. (11) 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 DRLmaster plan recovery fee: and 4) administration fee. The most appropriate measure to distribute the proportionate share of the cost of the trans• portation mitigation fee and the air qual- ity fee shall be the average rate of genera• tion of P.%I peak hour external motor vehi. cle trips for net new development in each land use category, as utilised in the CADA. DRLmaster 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. (13) The downtown development supplemental fee is being imposed on all new develop• meat in order to pay the costs of certain development order related requirements. as described above. Since the demand for such development order related requirements an uniquely created by the new development, the downtown development supplementary n fat is equitable and does not impose an unfair burden on such development is in Supp. tie. 30 Attachment c 1 :3.62 the best interest of the city and its rest. dents. (Ord. No. 10461, 4 1, 1.14.88) Secs. 13-56-13-80. Reserved. ARTICLE III. SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT SUPPLEMENTAL FEE* Sec. 13-61. Short title. This article shall be known and cited as the "City of Miami Southeast OvertowruPark west Development Supplemental Fee Ordinance." Ord. No. 10465. 3 1, 7.21.88) Sec. 13.62. intent. This article is intended to impose the Southeast OvertowTvPark West development supplemental fee as a supplemental fee on a new development within the Southeast OvertowTvPark West project area, utilizing the defined terms in section 13.66. below. The Southeast OvertowruPark West devei• opment supplemental fee comprises four (4) com- ponents including a transportation mitigation fee. an air quality fee, a DRLmaster plan recovery fee and an administration fee. The Southeast Overtown, Park West development suppiemental fee is pay• able prior to the time of building permit issuance or upon approvai of certain permits, as provided for herein. in 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 attnbutable to such new development and net new development on an area wide basis. This article shall be uniformly applicable to ail new development'and net new development within the project area: However. certain fees applicable 898 e"&Or,s note —Ord. %o. 1046s enacted premnsiom relat- ing to the Southeast Ovetwwwpark west development sup• plemental fee. numbered as 13.&1-13.9•13. For purposes of clandleatmm the editor has included this matanal as ar IT: Of eh. 13. numbering it 13411-13.73. The exhibits Nfarrsd to in this article an not reproduced in the Code but can be found on file in the am" of the etr deric. i 94_ _8JO ATTACHMENT 0 4 94- 8-5-9 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. 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) -� x Yj O.OWS985 0.000519 0.202 0:1360563 0.1360563 0.000114 0.00132 0.0020588 0.0005985 Office 0.0005985 1.0000 . 1.1532 0.0030 0.0044 5.2500 4.5204 0.4534 0.2907 1.0000 Retail/Service 0.000519 0.8672 1.0000 0.0026 0.0038 4.5526 3.91" 0.3932 0.2521 0.9672 Hotel (per room) 0.202 337.5104_ 389.2100 1.0000 1.4847 1.771.9298 1,525.6799 153.0303 98.1154 337.5104 Residential (per d.u.)' 0.1360563 227.3288 262.1509 0.6735 1.0000 1,193.4763 1,027.6156 103.0730 66.0952 227.3289 Convention 0.000114 0.1905 0.2197 0.0006 0.0008 1.0000 0.8610 0.0864 0.0554 0.1905 Wholesale/Industrial 0.0001324 0.2212 0.2551 0.0007 0.0010 1.1614 LOOM 0.1003 0.0643 0.22- instituional 0.00132 2.2055 2.5434 0.0065 0.0097 11.5789 9.9698 1.0000 0.6412 2.2055 Attractions/Recreation (per seat) 0.0020588 3.4399 3.9669 0.0102 0.0151 18.0596 15.5498 1.5597 LOOM 3.43" c e Marine Facilities 0.0005985 1.0000 1.1532 0.0030 0.0044 5.2500 4.5204 0.4534 0.2907 1.0000 Fib ' i 00 formula for calculation x/y - exchange rate 4 x and y both represent the number of PM Peak Hour External Motor Vehicle Trip Ends per unit of land use derived from the Downtown Miami A.D.A. Attachment D-2 Downtown Miami DRI Marine Facilities Trip Generation Analysis The impact of the 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 (POM), 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 (POM). 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. 3 - - W 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, cruse 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 cruse 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 or 4 September 7,1994 $cenario 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 cruise 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 cruse 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 500/c 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 9A- 850 Equivalent OfTece 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. ft. nwpriksVcwnV-W. wpdk9-7.9t Downtown Miami DRI Marine Facilities Trip Generation Analysis Page 4 of 4 September 7,1994 9.4 - 8 v-n 5q Table 1 Port of Miami Traffic Volumes By Mode Average April Weekday Traffic 10,900 7,896 Percent of Total Traffic - 58 42 Passenger Cars %) 80 76 Taxis /6 4 0 Buses 96 1 0 2-Axle Trucks 4 6 Heavy Trucks 0/6) 11 18 Table 2 Port of Miami Trip Generation Rates OUT::, Daily Trips Per Passenger 0.84 0.84 1.68 AM Trips Per 1,000 Passengers 50.67 50.67 101.34 PM Trips Per 1,000 Passengers 62.18 51.42 113.6 0 mce r 94- sso f/sprdsht/porn/crustrf/9-8-94 Table 3 1994 ?-Day Cruise Schedule Departure Saturday Sunday Time tPM) Time (PM) 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 %a Time (AM) glZe Iime (AM) 1500 8:00 800 8:00 1486 8:00 1350 8:00. 1452 8:00 2364 8:30 2022 8:00 $40 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 Jime M 588 4:30 588 4:30 2040 4:00 2040 4:00 1600 5:00 1600 6:00 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 fig_ .850 41 f/sprdsht/pom/crustrf/9-8-94 Table 4B 1994 3 or 4 Day Cruise Estimated Arrival Time of Departing Passengers [1] Mondav Frida Ship Departure Passenger Ship Departure Passenger Size Time (PM) Arrival Time (PM) Nm Time (PM) Arrival Time (PM) 588 4:30 3:00 588 4:30 3:00 2040 4:00 2:30 2040 4:00 2:30 1600 5:00 3:30 1600 5:00 3:30 1056 4:30 3:00 1056 4:30 3:00 1534 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. 0 J 850 f/sprdsht/porp/crustrf/9-8-94 Table 5 MODAL SPLIT FOR 7-DAY CRUISE .. ....... fu T -YCapacity .... .... .2880n gem.: 1106tiongers Passengers. -By ode:..'..., % Bus 423G Taxi Passen ers : WCar P*a4 ngers 7 Days 3400 3060 2448 367 1 245 Table 6 MODAL SPLIT FOR 3/4 DAYS CRUISE CT, C ip gers), fa angers By.Mode assengers(Oas'sifige r (Pa-isdij ra) 3/4 Days 1800 1620 972 405 1 243 Table 7 ESTIMATED VEHICLE TRIPS T .... TaxisCruise cam Total . ............ -asse nger �4p. Y P .. ..... V h 7 Days 3400 3060 82 147 98 327 3/4 Days 1800 1620 32 162 97 291 N2im 1. Assuming 30 persons per bus and 2.5 persons per passenger vehicle 12. vph denotes vehicles per hour 94- 850 43 f/sprdsht/pom/crustrf/9-8-94 44 I1. A r w/� �. .� =s •tl d .6mLament E CENTRAL COMMERCIAL - HIGH INTENSITY CENTRAL COMMERCIAL MODERATE INTENSITY ®LIBERAL COMMERCIAL ( WHOLESALE/INDUSTRIAL) ""'" GOVERNMENT OFFICE/ INSTITUTIONAL USE SPECIAL MIXED USE ® RETAIL E+'irr� PARK rw.m ft, 0 MI AW"m as 8��� Kir11 Ati Vn biL N�rw�#�rd Anl ihwn K M w�rl iMirlrb CAnraA Ia MAP H - MASTER LAND USE PLAN DOWNTOWN MASTER PLAN DEVELOPMENT OF REGIONAL IMPACT 9 4 - 850 L9 ATTACHMENT F i 9/21/94 J-94- 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/PARR 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 311 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 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, 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 - 04- 850" 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 1989-2000 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 (_j RECOMENDING 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 3A- 850 - 2 - 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- 850 3 - 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)0, 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: ATTY HIRAI, CITY LERK TEPHEN P. CLARK, MAYOR 94- 850 . - 4 - PREPARED AND APPROVED BY: JOEL E. MAXWELL CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. UINN J NE , III CITY ATTORNEY 9AL_ 850 0 - 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) 6-919-,559 3,600,000 3,700,000 14,219,550 6,677277 13,977,217 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) 11500 500 11100 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 " 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 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. i 9 0 — 2 — 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 2W 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 vL 91A 55 �sr, J�v 3,600,000 6,677277 300,000 250,000 Buildout- Dec.30, 2014 3,700,000 14,219, 13,977,277 200,000 750,000 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 2,100,000 300,000 0 300,000 600,000 6,500 1,600 5,000 13,100 230,000 230,000 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 such development to be located anywhere within the Project Area, subject to 55 local land development regulations. The Project Area includes all property within the, boundaries of the Downtown Development Authority, with the exception of that area between NE/NW Sth Street and I-395 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. 850 2 — LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). 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. - 3 - 94- -850- 57 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- 850 - 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 6,919-59 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: � — 850. - 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 0 — 6 - 91_ 850 ! 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. j 94- v50 I - 7 - 1 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. �P. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. flg. 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. VT. 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: 04` 850 -8- 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 japproved, 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: a 94- 8!r o 3 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, 44N 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. 94-- 850 - 10 - J 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 FOER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. C. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for implementation, must be approved by the Council staff and — 11 — 94— 850 -6.5 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 04- _8 0 — 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 8rickell Avenue bridge and approaches, b. intersection improvements to the entrance and exit ramps to I-395 at NE 1st Avenue and NE 2nd Avenue, C. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The, City shall pay or contract -to pay the fair share within 60 days following notice that the subject improvement -has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a. e+g#t 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. t 94- &jrl'o- (o7 13 - 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applicable governmental agencies 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 3A- 850 — 14 — 0 % 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 - 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 Beet ber 39, 1997 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 70, 9a-- 850 — 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 I � 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. i 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)" 4-- 8,50 - l 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. J4- 850 — 18 — j b. Identification and description of any known changes in the plan of i development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. i 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 I 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- 75 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 Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 30, 1997 December 30, 1999, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c)(1987). 21. The effective date of this Development Order shall be 45 days from its 1 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 i 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) 74 20 94 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 i 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 a — 21 — 94- 850 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 i j 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- 850 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 i 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 wo �� f��aci+n�►er,f � � J-87-1200 12/37/87 RESOLUTION NO. �'�1 4� Master A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING OOUNCIL 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 10 FULFILL THE CITY'S OBLIGATIONS UNDER THE MASTER DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, -an November 26, 1966, 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 Mival 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 Planning Council, and each element required to be considered by F.S. 380.06 (1987); and ` A a 1 Eh ^'! (r�� ` 9'7--Z148. iju�Se:aas: 8.50 7R WHEREAS. the City Commission determined that all rb ,.trements of notice and other legal requirements for the issuance of the proposed Mister Development Order had been complied with; and WHEREAS, the City Comission 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 l: The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Master Development Order for Downtown Miami, which is attached hereto as Exhibit 'A' and made a part hereof by reference, and is applicable to an area of the City of Miami under the jurisdiction of the Downtown Development Authority with the exception of the Southeast Overtown/Park West Redevelopment District, as more particularly described in Exhibit 'A'. Section 2: The Master Development Order for Downtown Miami (Exhibit is hereby granted and issued. Section 3.- - The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit 'A' and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the -text of the Master Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and the Downtown Development Authority; Suite 1800, One Biscayne Tower, Miami, Florida 33232. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Master Development Order. Section S. In the event that any portion or section of this Resolution or the Master Development Order for Downtown Miami (Exhibit 'A') is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Master Development Order for Downtown Miami (Exhibit 'A'), which shall remain in full force and effect. 2 9 - 850 ,97-1148 PASSED AND ADOPTED this 1_Othday of December 1987. XAVIER L. SUAREZ, MAYOR ATTEST: ol TTY HIRAI. CITY CLERK PREPARED AND APPROVED BY: _ J L E. MAXWELL SISTANT CITY ATTORNEY APPROVED AS 0 FORM AND CORRECTNESS: A A. DOUGHER CITY ATTORNEY 0 3 99- 85001 9'7-1148 4 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;1001000 39*600,000 3;700.000 140400,000 Government Office (gross square feet) 300,000 250,000 2DO.000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (rooms) 1,000 500 1,100 2,600 Residential (dwel.ling units) 3,650 2,550 2,920 9,020 Convention (gross square feet) 500,DD0 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 10600 51000 10,000 Pursuant to F.S. 380.06(22) (1987); the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area; 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 HE/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 639 acres of land, including approximately 78 acres currently zoned and developed as City parks. 94- 85095 1 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. 38D.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 'Not 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 i Allowable Development, as measured by square footage; or number of dwelling units, hotel rooms, or seats. Major Use Special Permit: A special permit issued by the City Commission Pursuant to Ordinance 9500, the Zoning Ordinance of the City of M.t mi; 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, 2 94- 850 97-1148 _ wholesale/indust or institutional uses. Land use o 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 �fc�b� such development would havem1p t 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. i Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and condition: of this Development Order, together with any attendant Incremental Development Order, and as ay be modified pursuant to F.S. 380.06(19) (1987). The City may permit simultaneous increases and decreases between the land use categories, provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: J 3 04- 850 nn 9'7-1144 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 ADA has been fi 1 ed by the DDA pursuant to F.S. 360.06(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 recognise 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 then 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 tb planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987)*0 the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development Projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as 4 34- 8550 97-1148 ' a living guide recognizing the evolution of ,arket demand and technologies. . G. The Project Area contains a total of approximately 839 acres; including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by the Project has been conducted by various City departments; as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations Of the South Florida Regional Planning Council; entitled 'Development of Regional Impact Assessment for Downtown Miami - Master"; dated October 5, 1987. The South Florida Regional Planning Council recommends approval of the Project, and all conditions to which such approval is subject are reflected herein. K. The Project is consistent with the applicable portion of the State land _ development plan and the Regional Plan for South Florida. L. The Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. The Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. The Project will have a favorable impact on the economy of the City. P. The Project will efficiently use public transportation facilities. Q. The Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. The Project will efficiently use necessary public facilities. S. The Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the city. T. The Project will not adversely affect living conditions in the City. U. The Project will not adversely affect public safety. V. There is a public need for the Project. i 5 9 4 - 8i0 / CONCLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a ratter of law, the following: A. The DDA constitutes a "downtown development authority" as defined in F.S. 390 (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). E. Changes in the Project which do not exceed the Total Ailowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that the Project is hereby approved; subject to the following conditions: THE CITY, ITS SUCCESSORS; AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR NET NEW DEVELOPMENT PURSUANT TO AN APPROVED DEVELOPMENT ORDER FOR EACH INCREMENT DESCRIBED HEREIN AND SWILL: I. Require all development pursuant to this Davelopsrent Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 0 6 94 8J0 90 917--1148 2. Within 6 mounths of the effective date of this Do%_.opment Order; adopt and implement a uniform ordinance that incorporates a requirement that Net New Developments %hail 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 i require Net New Developments to design, construct and maintain stormwater management systems to meet the following standards: Ike 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 dawn -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. VACU • 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 stororater runoff (that has not been pre-treated pursuant to Condition 4a. above) into surface waters. 94~0 9'7 97-1148 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 1ZA-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 CAVA comply with these standards; provided however, that the uses in and the wastes listed in Appendix 1ZA-8 of the CADA shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the 'County and Regional Hazardous Waste Assessment Guidelines' incorporated by Rule 17-31.03(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity, such as lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are subject to the requirement contained in Condition Sc. below. c. Require that any area used for lading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. e 94 ' 850 87—iia8 d. Requ. , all hazardous waste generators to cot n with a licensed public or private hazardous waste disposal service or processing facility and provide Dade County GERM copies of the following forms of documentation or proper hazardous waste managament practices: - a hazardous waste manifest; a shipment to a permitted hazardous waste smagamant facility: a confirmation of receipt of materials from a recycler or a waste exchange operation.. to ►rohibit 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 GERM, 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 Metaleuca, Casuarina, and Brasilian Pepper, from their Parcel of land as the parcel is cleared, and use only those Plant species identified in Appendix 6-4 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: ao does not require excessive irrigation 9 0d- 850 97--1148 b. does not require excessive fertilizer applio-.ion c. is not prone to insect infestation or other pests d. is not prone to disease e4 does not have invasive root systems f. such other criteria as may be appropriate 7. Coordinate with appropriate agencies to ensure that those areas frequented by the West Indian manatee and Brown pelican are properly identified to reduce the impact of development on these species. Measures may include, but are not limited to; warning signs, idle speed zones, etc. Provide information to developments located adjacent to the Miami River or Biscayne Bay which may adversely impact these species: which shall be distributed by the developer to users of the development. This information should include, but is not to be limited to, pamphlets and signs on frequency of site use, man -induced adverse impacts, and measures to avoid these impacts. B. Direct the City Manager to establish procedures whereby the Police Department and Fire Department shah 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 Now Development by requiring that, at a minimum, all Net Now Development shall be constructed In conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). ii. 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 J L 9?-1148 • 1 1 for asset It of the potential effect on the his' a 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 9300, 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. 1S. 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 94` 850 . 11 22 9a-tlaa J an adequm _'v&ter supply will be available to jw'" the needs of that development. 17. Withhold the issuance of building permits for Net Now Development that cannot obtain a letter of availability from the appropriate agency that solid waste disposal capacity will be sufficient to meet the needs of that development. 18. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the Raster plan for downtown; the Application for Development Approval; and this Development Order' as well as the future costs of reviewing individual development applications, Monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. 'If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a articular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development.' • MONITORING. REPOMMS, AND EMFORCEiIEMT: 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 Oeveloment in relationship to the time necessary to begin construction. 12 ,91� 9 ^ 97-1148 a 200 Upon the nuance of ,a Certificate of Occupan 'for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 21. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council; one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this -Development Order. The CADA shall be prepared as follows: A. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a 'Page Number (R) - Date' notation, with 'Page Number' being the number of the original page, indicating that the page was revised, and 'Date" stating the date of the revision. 22. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987 % and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement asong 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 97 148 have been ",med to place a repuireeamt on the C1t! "'` Miami to take my 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 iliaiii DRY" is su'Witted: Maps: Map A - location Mbps•B-1, B-2, B-3, 8-4 - Aerial Photo(s) Map C-5 - Flood Zones -Map 0-1 - Existing Land Use _ Map E - Soils _ Map F - Vegetation Maps-G-1, G-2 - Drainage Maps 1-1; I-2, I-3, I-4 - Public Facilities -_-Question 5: Water Quality-. Question 6: Wetlands Question 1: Flood Prone Areas Question 8: Vegetation and Wildlife Question 9: Historical and Archaeological Sites Question 12: Other Public Facilities C. Energy 0. Education E. Recreation and Open Space Question 13: Housing 25. The following regional issues .as they appear in the Consolidated Application for Development Approval have not been sufficiently reviewed for the total Project (extending through the year 2007) and, as Appropriate, will be required to be reviewed as each incremental portion of the Downtown Miami DRI is submitted: J 14 94- 850 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 Soutn Florida Regional Planning Council of any subsequent applications for an incremental portion of this proposed development will be .limi.ted to any unresolved issues pertaining to Question 4:- Air Quality and/or -Question 11:_Transportation. 27. The City shalt prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Cam unity 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. f. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and 1S 94 850 9 7-114A 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. 9• A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(i8) (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 low -incoming housing units lost from demolition and conversion within the Project Area, as well as the total number of new low income housing units within the City. k. Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06(18)(1987). 28. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 94- 850 16 ' �4'7�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 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). r 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: 11 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 data 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'Davelopment Order will remain in full force and effect unless the violator does not diligently pursue the curative action to 17 94— 8'50 qq q�--1146 Exhibit 1 I�r EXHIBIT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Begin at the intersection of the centerlines of N.W. 5th Street and N.M. 3rd Avenue (east side of N-S Expressway (I-95)), said point of beginning also being the H.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 Oade County, Florida; thence northeasterly along the northwesterly line of said Lot 31 to the northeasterly side of the existing ten foot alley in Block 2 of said POINT VIEW; thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of POINT VIEW; thence north•sstarly along said line of Lots 4 and 6 and its prolongation thereof to the canter)ine of S.E. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; ,thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Claughton Island 21 94"�� I O ,97-114A Bridge; t'" `!t easterly along the said southerly P-N, line of claughton Island Bridge to the intersection with the waste,.., bulkhead tine of Claughton Island. said bulkhead line being part of the Metropolitan Dade County Bulkhead Line as recorded in Plat Book 73 at Peg* 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 lint 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 northerl"y, northeasterly and northwesterly along the bulkhead tine 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.325 to the centerline of Biscayne Boulevard, thence southerly along the cantarline of Biscayne Boulevard to the centerline of N.E. 5th Street. thence westerly along tht centerline and N.E. and N.W. 5th Street to the point of beginning. The above described area contains approximately 839 acres. 1Q 22 94- 8550 4 Maras LUM a a pounau aaat c a: ssrsaft era w usmm lu= sEN1i sf. 1. 1. r wtN1. t:l.�. 1r tNlttw NINItN..1.1 ltlw tttr_ta s. iN 4 1. t lllwt tst1� t.11w.t 1. 8. wtlttlf� ttrlw� fYrt M ttlM i 1. 1. 1 M itll/ttt 6.L L 1Y 11ttwY ttHww 121111 lttfl" Mltltit ImPl. 1� ttt/t. tr t;. S U. =. a 11 4 [. 1 I s 1. /. Isom bow �M ttl" & r ttn» 11t tgtnl L IYl 1l""" tt.IttO1 bti t11M1+ ftob r. 0 L Y 4 1. • ltlttt ttwl Nlt 1ttM 1. 1r N.Nt1I uftY btrtll 1tttM� St. U 1616 / l~ w11fY 4 tllfllt ttfi L USfl1 1.1 t= If.tt f�trftw� tttltt R N 1616 1 /flit YIrM bi tl ttfw 1. r11. ;= twt 111/Y 1. tt?wt lwltlq R r. It. IL U. All L L 1 jA tY 111t1t tN R IN L IIMIn /ww VON" fry M iwtY low" fifty O. ►011111 4 L {t Two op. �1 alY1o1 son"U. 1111 L n Ma 1Mt r. la L'HYM. ttil ftN teem 1V 1Y 0. 4016 [ U tint f� W� 1 trtl U. /1 L 1f111n N/tw /Y►ttttt/ t�tos MAl1 06 t rltMn sworn 1./. 1 1111111M ON t�l Nomo Ntflltt R /Ydill L w- 11i �1 M ill %R Y15. lbit. L Nme l� Hatt1A t R am 1. 11Y7 ti "some om anNql R It! L Ow t� 12tlY t6 1 . U. R � L ww t.ttn Im L ww no IYwY tt. 1 NON N . tArtl 1M/ttY . I NNt n. 4 &=t tttrl fi111Y two 1IIft111. Ywt.w tttt► lE . yMn swoop • NNIiM r>d . tl� t1 am In � loft M tllflt11111 R Ol r 4 L L �tt1A I VA ft" Ma 1Y U. r. All L 1. 3 U11N lass. L /. 1 lotto ti. 31114616 l Lots t.L ON op"" d • N. r. IY L t. t ht Im.11 t. 1. t atop Brawl lttwtt — ILUl L 1. 1 ltwN N. R in L 1. 1 J~ Hi L L i lYwt gift am w ....— w tnameatl 1a Illamm M M "w A "`order M rAw /a MAP 0-2 HISTORICAL SITES DOWNTOWN ASTER PLAN: DEVELOPMENT OF REGIONAL IMPACT 0419-0 Exhibit 3 r r MO. M rs N Mww� ONt1r11� t` 94-1050105 _ '97-114h ibit 4 • 1. down a omol""l to" t. own bea.lglal um L v w% Twa Cesar AmialNlal ume 4. Lama awrebpal :ma L few WIN Arawl"lal 2ma b ara OM mr"wlglal tma 1. Lrmall iwa ls"al tam I. sm4ull ►ew ww"Iq/al :ea C. ►wa"1•mIN cum Lemwlmmlal low to. Sam Let Ll""I«1a1 tam U. wn sm •wmmalem/al :ma "m am.. M aMaM mO Sanwa "m M A\ me► �a�f M wm� mm► mlAm�i mAAA � /t MAP 0-3 ARCHEOLOGICAL ZONESwoelt' 94•-1 0 DOWNTOWN MASTERPLAN = I ODEVELOPMENT OF REGIONAL IMPACT 7--ii4l STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF.RESOURCE PLANNING AND MANAGEMEW ;BUREAU OF LAND AND WATER MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 4W4923 Exhibit.5 Page 1 8LM1►�-07-85 - Subsection 380.060 6), Florida Statutes. places the responsibility an the developer of an avoroved development of regional Impact (DRI) for submitting an annual report to the local government, the Reg Ione I Planning Council the Devertment 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 sustenslon of the development order by the local government unTlI the annual revert Is submitted to the review agencies. This reauiremenT applies To e(I developments of regional 1mbicT which have been approved since August 6, 1980. If you have any questions about Thls reduirea report, call the DRI Enforcement Coordinator at, (904) 488-4925. Please ssnd''the original completed annual report tC the desigAstsd local government official stated in the devslopment order with (1) cooV to each of the following:' I a) The regional :tanning a;envy of jurisdiction; D) All affected permitting agencless c) Devislon of Resource Planning and Management Bureau of Land and Water Manal;"nT 2571 ExecuTive Center Circle. East Tallahassee, Florida 32301 Please forma? your AnKusl Status Report after the format examole Zrovided below. ANNUAL STATUS REPORT Reporting Periods nTTo ni ayirsar RF/ ayirsar ' Dws IopRent: No" O'f Lma?lon: ;iTY un?v Developer: Noise: .=any Name Address - Street LOCaTIOn 94- ZiTy, staTa, Z:; coje 67 d f� I Chi J 1 `/ -97-1148 Exhibit S Page 2 SLWW07-es Page Two 1) Describe any changes made In the proposed ale" of developmen?, phasing, or in the revresenTatlons :obtained in the ApplicaTlon for Development Approval since Tha DfvelCVMGMT of Regional Impact received saarovel. Plot$$ note any actions (substantial dstarminetlons) taran by local government to address these changes. Notes If a response Is to be more than one sentence, atteeh as Exhibit 'Al a detailed description of each change and copies of the modified site plan drawings. Exhibit 'A' should also address the following additional items if applicable. a) -Describe changes i.n the plan of development or phasing for "a reporting year and for the subsequent years: b) State any known'incremental DR1 aamitcaTions for development approval or recussTs for a IupsTWri al deviation determinatlon thst ware filed in the reporting year and to ba filed Curing the next year: c) Attsen a copy of any notice of the ado:tlon Of•a development order or the subsequent "OdifICatlon of an adopted development order The? was recorded by the developer pursuant To Subsection 3e0.06(i4)(d). F.S. 2) Has there been a change in local QOvernment jurlsdlGYion for ,lily portion of the geveio?menT since the deyelopmenT order was issued? If so, has The annexing local government adopted s new Development of Regional lmosct development order for the project? Please provide a coon of ins order adopted by the annexing local government. 3) Provide cables of any revised master plans, incremental sitr•plons, ate., not previously submitted. Notes It a response is to be more than one or Two sentences, attacn as Exhibit 'S'. `) Provide a summery comparison of development activity proposed and actually conducted for tha reporting your. Examples Humor of dwelling units constructed, site improve- m6lS, sots said, acres mined, gross floor area construcTout barrels of storage esopelty completed, permits obtained, en. Notes If a response is to is more Than One sentence. attach as Exhibit 'Co. S) Maw env undeveloped tracts of land 1n the developme"? (other Than individual single-4r!o1v lets) been seld To a seoarsTe a"ity or deveiczar? If so, i:enTifv tract. its size. and ?no :uver. Please :rovide maps rnlch snow ?he Tra~s 1 involvec. 9 Ll — i O �rsCT CI.Yer n7�q 48 ae : 7 ,i Exhibit S Page i Page Three Note: If a response Is to be more then one santance, &+Tech as Exhibit 'D', 6) Describe any lands purchased or Optioned adjacent to the original Development of Regional Impact site subseauenT to Issuance of the development *roar. identify such land, Its size. and Intended use on a site plan and map. Note:. If a response (s to be m*ra than One sentenCa, attach as Exhibit 73 U st any substantial local, state, and federal permits which have been obtained, applied for, or denied, during this reporTing period. Specify the agency, type of permit, one dutl for each. Note: If a response Is to be more than one sentence, attach as Exhibit 'F'. •) Assess the development's and local govermnnt;s' Continuing coy" lunge with any conditions of approval contained in the DRI development order. NOM Attach as Exhibit 'G'. (See aTTacned form) 9) Provide any information that Is specifically reouired by the Development Order to be included In the annual report. 10) Provide a state•+ent cartlfying that all persons have been sent Copies of the annual razors In conformance with Subsections 380.06914) and (16), F.S. Person completing me-auestionnairs: Title: Representing: d- r0 10� .97-1148 J-17-1109 RESOLUTION NO. 97-1149 A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST AREA AS MORE PARTICULARLY DESCRIBED NEREIN, PURSUANT TO. AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT I DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT 'A•, THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW: PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND THE INCREMENT I DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT I DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY CLAUSE. uno�e7 Iitennnt 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 (1987), for the ongoing development through the year 2007 of a portion of the area within the ODA jurisdiction, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board. at its meeting held on December 9, 1987, following an advertised public hearing, adopted Resolution No. 75-87 by 6 to 2 vote, recoamding .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 (1987); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional 9 4 — 850 ATTACHMENTS 01Oft L0aft E0 CITY CO S1ON MXM=a OF 1DEC10 19e7 D7 1. 24 �oq Planning Council, and each element required to be considered by F.S. 380.06 (1997); 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 Cleric is hereby authorized and directed to immediattly send certified copies of this Resolution together with Exhibit 'A' and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Increment I Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140; Hollywood, Florida, 33021; and the Downtown 0evelopaint Authority, Suite IBM, One Biscayne Tower, Miami, Florida 33132. r Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Increment I Development Order for Downtown Miami (Exhibit 'A'). 9A- 850 f ) 2 �/ 77 1149 Section S. In the event that any portion or section of this Resolution or the� Increment I Development Order for Downtown Miami (Exhibit 'A') is determined to be invalid, illegal, or unconstitutional by a court or agency of competent Jurisdiction, such decision shall in no manner affect the remaining Portions of this Resolution or the Increment I Development Order for Downtown 'Riami (Exhibit "A•), which shall remain in full force and effect. PASSED AND ADOPTED this = day of -.December XAVIER L. SUAREZ; MAYOR ATTEST: �,wu.✓ `. eu 1ATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: 0 L E. MAXWELL SISTANT CITY ATTORNEY APPROVED AS gORM4 AND CORRECTNESS: LUCIA A. DOUGHER , CITY ATTORNEY 3 94_ 850 111 `r7--1149 . 12A4/87 Iscrua t 1 EXHIBIT `A" ' INCREMENT I DEVELOPMENT ORDER 'TAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTNORIZED,AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director; Downtown i 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) 11050,000 400,000 500,000 1,950,000 Motel (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) 11050,000 0 1,050,000 2.100,000 Institutional 1 (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 developmeet 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 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- 8,50 1 LEPI 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 Building Code, for any 'Net Now 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. BERM: I The Metropolitan Dade County Department of Environmental Resources Management. ORI: 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 room, or seats. FOER: The Florida Department of Environmental Regulation. MaJor Use Special Permit: A special permit issued by the City Cos mission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. j 91- 8J® Net New Development: Any construction or reconstruction which will result in a not 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 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 data 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. Protect: That ProJect described in the "PROJECT DESCRIPTION" on Page 1 herein. Protect Area: The area included within the legal description in Exhibit 2. Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to F.S. 380.06(19) (1987), and which shall be measured by the following land uses: Office 7,100,000 gross square feet Government Office 300,000 gross square feet 3 4-- Retail/Service Hotel , Residential Convention Wholesale/Industrial Institutional Attractions/Recreation 1,050,000 gross square feet LOW rooms 3,550 dwelling units 600;000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 3,400 seats The City may permit simultaneous increases and decreases in the above described land use categories; provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved; as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. 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 DOA filed the ADA with the City, the Council, and the Florida Department of Comity Affairs. D. The CADA has been filed by the ODA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to .obtain approval for Total Allowable Development in accor6ance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the ORI review process primarily on the impacts that Total Allowable Development within J4-50 4 S the area will have on land; water; transportation: environmental; �cossiumity services, energy and other resources and systems of regional /significance. The CADA seeks a single DRI review process for overall phased devilopment 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) (19871, 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 (19Q7). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations Of the South Florida Regional Planning Council, entitled `Development of Regional- Impact Assessment for Downtown Miami - Increment I"; dated October S, 1987. The South Florida Regional Planning Council recommends g ,� 0ry 94r�0 approval of Increment I of the Project; and all conditions to which such ,approval is subject are reflected herein. K.'' Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami ._ Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning classifications of toning 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 LAY: That, having made the findings of fact contained above; the City Commission hereby concludes as a matter of law, the following: A. The ODA constitutes a •downtown development authority'_ fs 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 thi 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 94-_850 U C. Increment I of the Project does not unreasonably interfere with the .: # achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. 0. Increment' I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and*does ._ not unreasonably interfere with any of the considerations and objectives set forth in F:S. 380 (1987). E. 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. 390 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increscent 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 I 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-- 850- `i^. --i149 liq ,e. 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 Brick all and Omni sub -areas: The location will' be selected jointly by the City. Florida Department of Envii0i antal 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 FOER, 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. 94- 850 �jo B - 97-1149 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 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 sass 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 TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation: 10. In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the 11 94•- 850 Miami City Comaission 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)(2) 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 develooftnt 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 develOPWt; under the Downtown Miami - Increment I Development of r Regional Impact shall not be subject to down -toning, unit density reduction, or intensity reduction .to the extent of the amount of development included within the building permit or Major Use Special Permits 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 122 12 94-^ 850 9 ;'-1 i4y 4• Applicant; or that the change is clearly essential to the public health; 44faty or welfare. MONITORING. REPORms. AM 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 shalt be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. IS- 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 F1or18a Department of Community Affairs within thirty (30) days of the effective date of this Development Order. Tire CADA shall be prepared as follows: a• Where new, clarified, or revised information was piYpared 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. 4 123 13 9A - 850 9?-1149 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 ai 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 mast 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 ninimum: a. A complete response to each question in Exhibit 3. b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. C. A susary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, a J4-- 850 .124 14 97"�1�9 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 compiiance with the conditions of approval contained in this Development Order and the co®itments 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(1S) (1987). 1- Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.05 (18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent deveaopments 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 9141-© 97-1149 w 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 dS 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) i (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 davelopment 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 ratter within 60 dtya of the date of said notice. In the event the violation is not curable in 30 days, the violator's I 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 Oevalopment Order and withhold further permits, 16 94-- 850 ` 7-71149 u 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 t"" of this Development Order to the fullest extent, white 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 shalt 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 'Davelopmuent of Regional Impact Assessment for Downtown Miami - I,ncrement 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. 380.05115) (1987), specifying that the Development Order runs with the land and is binding on th.4r 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 develoomert order is approved and becomes effective, 17 94" 8,JC o 97-1,149 the individual -develooment—order"shalt 'xvntrol'_*develoamt 'of •'the 1eroperty covered by the individual development� order and the terms and ` conditions of this Development Order shall no longer be binding upon the roA� e� rt►. Any such individual development orders shall, by their ferias, be consistent with the objectives and conditions of this Development Order. 27. This Oevelopment 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 ism 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 mud► time as a final resolution of the litigation occurs. . I() 94— 850 g 18 `;7- VL49 I { V. tt sr. 94- 855 11 2vq DOWNTOWN MIAMI DRi BOUNDARY MAP 13o MISIT 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 0-95)), 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 & point of intersection with the easterly right-of-way (R/W) line of Matra 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 RJW; 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 tine 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 &Ion; ;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 &long the existing bulkhead and shoreline of Biscayne Bay to a Point of intersection with the southerly boundary of C1&ughton Island 19 9 4 - 85� 97-1149 e 1 1 l Bridge; they "„" tastarly along the said southerly " -'ee of C1w9hton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropotitan 'Dade ,County Bulkhead Line as recorded in Plat Book 73 at Page 18 of the . Public Records; thence southerly, easterly$ northerly and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly R/W line of Brickell Avenue _ Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulk line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Sayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead tine 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. 11th 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-393; thence southeasterly and easterly along the limited access right-of-way of I-395 to the centerline of Biscayne Boulevard; thence southerly along the canterline -of Biscayne Boulevard to the centerline of N.E. 5th Street, thence westerly along the centarline and N.E. and N.W. Sth Street to the point of beginning. The above described area contains approximately 839 acres. 20 94- 850 ` 7-1.149 Exhibit 3 Page 1 .e STATE OF FLORIDA BLWM-07-83 DEPARTMENT OF CONAUNITY AFFAIRS DIVISION OF -RESOURCE PLANNING AND MANAGEMENT BUREAU OF LAND AND WATER MANAGEMENT - 2371 Executive Center Circle, EssT Tallahassee, Florida 32301-8244 (904) 488-4925 Subsection 380.06(163, Florida Statufes, places the responsibility on the developer of an approved developmenT of regional Imoscr (DRI) for submitting an annual revert to the local government. the Regional Planning Council the DeoarTment of Community Affairs. and to all affected permit agencies, on the date specified In the Develooment 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 Tfie development order by the local government until the annual report Is submitted to the review agencies. This reoulrement spot lea to all developments of regional ImosCT which have been approved since August 6. 1980. If you have any quesTlons about This required report, call the DRI Enforcement Coordinator aT. (994) 488-4925. Please send the original completed annual report To the (1esigAsted local government official stated in Tne development order with (1) copy To each of the following:' a) The regional ;tanning agency of Jurisdiction: b) All affected permitting agencies: c) Deviation of Resource Planning and Menagament Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301 Please forms? your Annual Status Report after The forms? example provided below. ANNUAL STATUS REPORT Reporting Period: 4e Nionin/Oaviyeir- MonTR/ ay/Tear - DeveloomenT: Name Ot DRI Location: . M Ty �,ounty Downer: Nang; ZaMosnY Name Address: iTreeT LZCAT10n I ZiTy. 3TSTe. M 6.3• 67 94— 85d Exhibit 3 Ps ge 2 alwµ.o�-as Page two 11 Describe any changes made in the proposed clan of development, phasing, or In the representations Contained In the AppllcaTlon for Development Approval since the DevoicamenT of Regional Impact received occrovel. Please note any aeTlons (sucstentlal determinations) taken by local government to address TMse changes. Note: If a response is to be more than one sentence, at"Ch as Exhibit 'A' a detailed description of eacn change and copies of the modified alto plan drawings. Exhibit 'A' should also address the following additional Items If applicable. a) -Describe changes In the plan'of development or phasing for the raper -ring year and for the subsequent years: •b) State any known Incremential DRI applications for development aozravol or racuesTs for a substantial deviation determination that were flied In the reporting year and to be filed during ?ne next year: • F) Attach a copy of any notice of the adoption of•a devolopment order or the suoseduen? modlficsTlon of an adopted doveia:ment order the? was recorded by the developer pursuant to Subsection 380.06(14)(d), F.S. 2) Has there been a change in local government jurisdiction for any portion of the CaveloomenT since the development order was Issued? If so. has Tne annexing local government adopted a. new Development of Regional Impact development order for the proJect? Please provide a copy of the order adopted by the annexing local government. 31 Provide copies of onj revised master plena, incremental alto plans, etc., not previously submitted. Nola: If a response Is To be more then one or two sentences, attach as Exhibit 'i'. p s) Provide a summary comparison of development activity Proposed and actually conducted for the reporting year. Exanrole2 NuOtbor of dwelling units construetad, alto Improve- ments, lots sold, acres mined, gross floor area ConsTructad, barrels of storage capacity eompte?ed, permits obtained, aTC. Note: if a response is to oe more ?non one sentence. aTTacn as Exhibit 'CO. s) Move env undeveloped Tracts of land in the developmenT (other Tron individual single-#"li v IC?a) been acid to a /33' •ebara?s a"T(ty or dovel::er? if so, identify Trac_, its 912e, 810 Tna Giver. Clease :rovlde magi Mnicn snow the Tracts involved. d-- J0 rats .. aver Exhibit 3 Page 3 BLMM-07•as Rage Three Note: I f a response I s to be more then one sentence. omen as Exhibit tot. 6) Describe any lanes purchased or opticned adjacent to the original Dewismont of Regional Impact site subseouent to Issuance of the develepment order. Identify such land, its sise. and Intenoed use on a site plan and map. Note: if a response is to be mere than one sentencep mttaen as Exhibit 'Et/ 73 List any substantial local, state, and federal permits which have been Obtained, moulted for, or denied, during this reporting period. Specify the agency, type of permit, and duty for amen. Note: If a response is to be more than one sentenCa, Attach ms Exhibit 'F'. 6) Assess the develepment's and local governneht:sue continuing compliance with any conditions of approval Cantsinse In the DRi development order. Note: Attach as Exhibit 10% (See attached farm) 9) Provide any inforuw lcn that Is specifically required by the Development Order to as Included in the annual report. 10) Provide a stat"rm cartlfying that all persons have been sent copies of the mnnusl report -in eonformenee with Subsections 300.06(1s) and (16), F.S. ,- Person Completing the -avast Ionheire.- Titles Representing: e. A. Go �a- 800 `�'�'-2-149 • 13 J-91-751 9/17/91 RESOLUTION N0. 9 1 — s 9 8 A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRY)- 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. 87-1146 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 ofed' development in the office land use category; and [ `� ` CITY COIF SSION ATTACH iJl ENTS c °g CONTAINEDSEP 26 ,991 •' 91-- s9s I ' 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 I 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 ordejcs 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, FLORIDAs 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 mode 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 i I 9A-�0 { 9f - 598 -2- 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 i 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 i 1989-2000. Section 4. The attached amendments to the Increment I I j development order for the Downtown Miami Development of Regional I Impact (Exhibit "B") are hereby approved. PASSED AND ADOPTED this 26th day of ,September r , 1991. Cam" 1 1 AT XAVIER L. SUAREZ, MAYOR � I TY HIRAI CITY CLERK PREPARED AND APPROVED BY: AP/PROVED AS TO FORM AND CORRECTNESSs 9. 11NN JON , III ACTIN CITY ATTORNEY JEM/db/M 480 -3- Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami Matthew Schwartz AUTHORIZED AGENT OF DEVELOPER: ice- Ewe, 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 ce 6.919.550 (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 1 500 3 100 (rooms) $ 500 1,100$ Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Who (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) 1,600 5,000 S Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of ' development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. 1 91- 698 l�• Exhibit 6 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: 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 Dowhtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increment I Increment II Increment III Totals Office 6 919 550 14 219 550 (gross square feet) 3,600,000 3,700,000 Government Office (gross square feet) 300,000 250.000 200,000 750,000 Retail/Service (gross square feet) 11050,000 400,000 500,000 11950,000 Hotel 1 500 3 100 (rooms) $ 500 1,100 ; Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Who (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) 1,600 5,000 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. 1 91.- 698 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 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 Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. _ ODA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FOER: The Florida Department of Environmental Regulation. MaJor Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Development: Any construction or reconstruction which will result in a net increase, within any "Parcel of Land", of residential dwelling units, 3 I s Ja- 8r0 9] —' 41,98, Exhibit 6 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. Pro ect: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to F.S. 380.06(19) (1987), and which shall be measured by the following land uses: Office 6 919 550 gross square feet Government Office 300,000 gross square feet Retail/Service 1,050,000 gross square feet 1 500 Hotel rooms J�- 850 3 91 - 698 q Exhibit 8 Increment I Development Order Residential 3,550 dwelling units Convention 560,000 gross square feet Wholesale/Industrial 1,050,000 gross square feet Institutional 300,000 gross square feet 6 500 Attractions/Recreation 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 of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the ORI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional 4 1 a 4�- 800 91- 69- F. G. H. J. 4900 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. 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. 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. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). 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. 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 IN, 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. E �L 50 91- 6,98 Exhibit 8 Increment I Development Order K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. P. Increment I of the Project will efficiently use public transportation facilities. 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 9A-�� 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 14 each sub -area. 91- q"S - a Exhibit B Increment 1 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 Regi6nal Impact pursuant to Rule 27F, F.A.C., within that sub -area; or prior to March 15, +99+ 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-�0 9]- �S Exhibit B Increment I Development Order C. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for implementation, must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. The program may include, but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). C. The continuance of monitoring for specified sub -areas. 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FOR and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. ri 9A- 9� 91- 698 Exhibit B Increment I 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 1-395 at NE 1st Avenue and NE 2nd Avenue, C. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a. #ear eight years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,543,4!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 + 7 10 94-0 9 1 - S9R , Exhibit 9 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 11 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. J 94- 85® 11 91.- 698 Exhibit 6 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 Deeember--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 , 4- 850 14� 91- 698 . 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 i established by the City shall take into account the size of the proposed I� Net New Development in relationship to the time necessary to begin 1 construction. i 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 1150 Development Order, whether in response to a formal statement of a 13 04 850 9 f - �� 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- 8J0- - 91- RAR ' Exhibit 9 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 !I Applicant pursuant to F.S. 380.06(15) (1987). (i i. Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06 (18)(1987). i ` 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments l� within the Shoreline Development boundary. I . is 9 850 9) - 698 a Exhibit 6 Increment 1 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 Beeember31, 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- 48?--0 9] - 698 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 DOA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 380 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987, is incorporated herein by reference. 25. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15) (1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 26. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380 (1987) to file an 17 9�-JO si- �gR W Exhibit B increment I Development Order Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms, be consistent with the objectives and conditions of this Development Order. 27. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 28. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 29. In the event that a substantial deviation is determined under the terms of this Development Order or F.S. 380 (1987), the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order, 30. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Iw 94 50 18 _ '9i.- 5SR Exhibit 8 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. V5W J4- 850 19 - 91- 69.9 a DOWNTOWN MIAMI DEVELOPAICENT OF REGIONAL RAPACT NOTIFICATION OF PROPOSED CHANGE - Background - The development of property in downtown Miami is governed by the Downtown Miami Development of Regional Impact pursuant to Chapter 380, Florida Statutes (FS); the Maimi Comprehensive Neighborhood Plan 1989-2000 pursuant to Chapter 163, FS; and, the City of Miami Zoning Code. Each of these have a separate yet interrelated role in the regulation of development in the downtown area. The relationship of these regulations to the development of marine facilities in the downtown area is discussed below. The DDRI measures and mitigates impacts of development to regional resources. The Notification of Proposed Change (NOPC) is required pursuant to Chapter 380, FS, when changes are made to a previously approved development of regional impact. The NOPC presents the analysis of the change to determine if any additional impacts to regional resources might be brought about by the proposed change. The addition of a new land use, Marine Facilities, is studied in the NOPC currently before the board. This new land use is intended to be part of the parcel of land designated "Park" adjacent to the deepwater slip on the mainland east of Biscayne Boulevard as shown of on Attachment A - Downtown Maimi Master Plan (a.k.a. DDRI Map IT). _ The Marine Facilities land use will facilitate the implementation of the Downtown Waterfront Master Plan (see Attachment B). The Master Plan'is made part of the Maimi Comprehensive Neighborhood Plan 1989-2000 through the following policy and objective: Objective PR-1.5: Develop and enhance the quality of parks and open spaces within the city's downtown in a manner which addresses the needs of city residents, workers and visitors, and strengthens the city's economic development. Policy PR-1.5.2: Complete the renovation of Bicentennial Park and development of the FEC Tract, in accordance with the goals and recommendations given in the City's Downtown Waterfront Master Plan, by 1996. The uses which may occur within the "Park" land use are delineated in the City of Miami Zoning Code. A copy of the "PR Parks, Recreation and Open Space" section of the zoning code is include as Attachment C. Marine facilities are discussed in "Conditional Principal Uses" item 2. 157 1 94- 850 H1tdunment A CENTRAL COMMERCIAL HIGH INTENSITY IMCENTRAL COMMERCIAL MODERATE INTENSITY ®(LIBERAL COMMERCIAL WHOLE SALEMNOUSTRIAL) GOVERNMENT OFFICE/ INSTITUTIONAL USE IBM SPECIAL MIXED USE ® RETAIL EMPARK rDOWN /tiwr An/ Awdshm i4 Mwaft gw% M/ Vw% is M%WPwl%mmd An/ d noa% K bwo mwi e+Yr ir�whE CeY/Ir'w h6 MAP H -MASTER LAND USE PLAN DOWNTOWN MASTERPLAN 94- DEVELOPMENT OF REGIONAL IMPACT � El D-0 W N T O W N W A T E R F R. O N T M A S T E R P L A N CITY OF MIAMI PLANNING DEPARTMENT �► v� id I vV Id WATERFRONT h4 A S T E R LA N DESIGN AND USE CONCEPTS FOR THE DOWNTOWN PUBLIC WATERFRONT XAVIER L. SUAREZ, MAYOR J.L. PLUMMER, JR. VICE MAYOR JOE CAROLLO, COMMISSIONER MILLER J. DAWKINS, COMMISSIONER ROSARIO KENNEDY, COMMISSIONER CESAR H. ODIO, CITY MANAGER WALTER L. PIERCE, ASSISTANT CITY MANAGER PREPARED BY THE CITY OF MIAMI- PLANNING DEPARTMENT SERGIO RODRIGUEZ - DIRECTOR JACK LUFT - CHIEF OF URBAN DESIGN ANA GELABERT-SANCHEZ - URBAN DESIGNER MAY 1987 TABLE OF CONTENTS INTRODUCTION 1 SUMMARY OF RECOMMENDATIONS 2 BACKGROUND 4 MASTER PLAN CONCEPTS 6 PARK FRAMEWORK 1u IMPLEMENTATION 15 FY:" y«Cf:Sy INTRODUCTION 4 COMMISSION DIRECTIVE FOR THE PLAN In January, 1987, the City of Miami Commission directed the Planning Department to prepare a master plan for the conceptual design and development of the 65+ acres of public waterfront lands including Bicentennial Park and the land known as the FEC tract. This plan provides a framework of policies for the future use, design, access, and image for the area. COMMISSION OBJECTIVES To assure optimal public use of this unique and strategic site, the Commission established in January, 1987, the following plan objectives: # CREATE A WORLD CLASS PARK AS A VISION FOR MImi # PROVIDE FOR ACTIVITIES TO ATTRACT MANY AND VARIED PARK USERS # ASSURE THE BEST RETURN TO THE CITY ON ITS INVESTMENT # DEMONSTRATE HOW THE PARK CAN BE SELF- SUPPORTING FINANCIALLY # INCORPORATE THE GRAND PRIX IN SUBSTANTIALLY ITS PRESENT FORM SUMMARY OF RECOMMENDATIONS ESTABLISH A UNIFIED DESIGN FOR ONE PARK, NOT TWO 4 FEATURE THE DEEP WATER SLIP AS THE This plan treats the heretofore two distinct PARK CENTER As the only deep water, protected areas of Bicentennial Park and the FEC tract embayment of the city bayfront, the as one public space joined by the existing slip should become the active and symbolic focus of the park. deep -water slip. Crossing the slip with a pedestrian LET MAJOR PUBLIC OPEN SPACES DEFINE bridge to shorten the one half mile, walk around it will unite the parks THE PARK CHARACTER Funded, purchased and dedicated bay edge and offer a strong symbolic as public parks, the' fundamental gateway feature for the park. objective, as a matter of public trust, is to INTRODUCE MAJOR REGIONAL ACTIVITIES assure preservation and AND ATTRACTIONS enhancement of significant open space for civic gatherings, events, To pull people into the park, major and individual enjoyment. regional attractions should be located along the waterfront. 3 PROVIDE VIEWS THROUGH THE PARK TO Activities and attractions should be educational, interpretive, inter - THE BAY Although it is literally not active and/or cultural in nature. Design and placement of pavilions to possible to see the bay from Biscayne Boulevard (excepting the house the attractions should deep water slip) the perception that preserve views through to the bay. one should be able to see through USE ATTRACTIONS TO CREATE NORTH / the park is respected. By gently 6 SOUTH ACTIVITY LINK tilting the plane of the park 2% The attractions should be located in toward the boulevard observor, the a sequence along the waterfront to views of open space and a sense of unify the downtown public bayfront �.p the distant bay edge are park system and link Bayside to the 1 significantly enhanced. OMNI area. 00 VV - C:J , 0 . C 7 EMPHASIZE THE WATERFRONT WITH A PEDESTRIAN PROMENADE & PLAZAS To connect the attractions and dramatize the city's unique relationship with the bay, a major pedestrian promenade walkway should trace the park edges along the bay and deep water slip. Plazas connect the pavilions and join the boulevard to the deep -water slip. 8 DESIGN THE USE OF THE WATERFRONT TO COMPLEMENT, NOT DUPLICATE; BAYSIDE AND BAYFRONT PARK In contrast to Bayf ront Park and Bayside, the plan provides for two large, uniformly shaped open spaces suitable for large gatherings; a deep water slip that is the bayfronts only deep draft vessel protected harbour also suitable for small craft visits and water events; and attractions that are educational, interactive and interpretive in nature. Q CONSTRUCT PARKING ON SITE TO SERVE ATTRACTIONS Parking for approximately 1500 vehicles plus service areas is to be developed on -site adjacent to the attractions. The parking facilities are to be below the elevated grade of the park (2% slope rising from the boulevard to the bay). 1 ® EXTEND THE PEOPLE MOVER TO BAYSIDE AND PORT OF MIAMI An elevated people mover system, similar if not identical to the Metromover technology, should be constructed from the proposed phase II Freedom Tower station, along the new port bridge with stations at the Bayside pedestrian overpass and the port. 1 1 ACCOMODATE THE GRAND PRIX RACE COURSE IN THE PARK Utilize the access drives to parking and the large central open spaces to stage the race and support activities (pit & spectator/ - hospitality area) for the Grand Prix. 12 DEVELOP THE PARK THROUGH A JOINT PUBLIC/PRIVATE PROGRAM Establish, through a feasiblity/marketing study, the type and extent of joint public/private actions necessary to finance development and operation of the park. Seek through City requests - for -proposals the private sector expertise and investment necessary to fund and operate the park and its attractions. 3 ACKGROUND 00 G1 -ems W6N Public actions that have shaped the history of this site: Port of Miami / Bicentennial Park - In the late s, the Port of Miami completed its move from the downtown waterfront to Dodge Island, leaving a 35 acre site for a new public park. In 1972, a "Parks For People" bond issue was passed that funded transformation of the old port into Bicentennial Park, dedicated in 1976. Bicentennial Park has had an uneven history of public use. Concerts, Fourth of July celebrations, and sporting events have brought many people to the park for these special occasions but for the majority of time general public use has been slight. Many reasons for the parks decline and lack of use have been offered: lack of a nearby residential neighborhood; deteriorated conditions in the surrounding area; lack of visiblity into the park from Biscayne Boulevard; too little police protection in the park; too few activities in the park to attract people; and an unfavorable feeling about downtown throughout the region. FEC Purchase - In the late 1970's, the City ofMiami took legal action to acquire with park bond funds the 23 acre tract of land owned by the Florida East Coast (FEC) Railroad between Bicentennial Park and Bayfront Park. This action united public park lands and assured continuous public use of one mile of downtown bay frontage. The FEC tract has never been formally developed as a park. Miami Grand Prix - In 1982, the City of Miami entered into a contractual agreement with Miami Motorsports to stage a grand prix motorcar race. The first years race in 1983 utilized the FEC tract in creating its 2 mile track circuit through Bayfront Park and along Biscayne Boulevard. The race moved into Bicentennial Park in 1986 to make room for constructing Bayside and maintained its use of the FEC tract. The race has an agreement with the City to continue staging the event through 1998. Bayfront Park - In 1984, the City brought world renowned sculptor Isamu Noguchi to Miami as the designer of a completely refurbished Bayfront Park. A new design for the park removed the old library building and has created a collection of fountains, promenades, light towers and performance amphitheatres. It will open in late 1987 as the showcase front yard for downtown. Bayside - In 1987, the Bayside specialty center opened as the premiere attraction in the Downtown bayf ront park system. Modeled after similar centers in Boston, Baltimore and New York, Bayside introduced festival retailing in 230,000 square feet of shops surrounded by public walkways, plazas and courtyards programmed with entertainment and special events. Over 1,300,000 people visited Bayside in the first 10 days of it's opening. ;!;11 i4 ii=■ 5 Biscayne Boulevard - In 1987, the New World Center Foundation retained the landscape architect, Roberto Burle-Marx, to prepare design drawings for the improvement of Biscayne Boulevard from the Miami River to the OMNI area. The plan is expected to call for the widening of the roadway between 5th street and 11th street to continue the grand colonnade of royal palms extending south of 5th street. This plan envisions a dramatic new face to the boulevard fronting on Bicentennial Park and the FEC tract. Park West - In 1982, the City of Miami adopted a compre ensive master plan that called for the establishment of a new residential community in the old Overtown neighborhood and the aging warehouse area to the east that served the old port of Miami. Numerous federal grants have provided the seed money to redevelop the most blighted areas. Tax increment financing has added necessary support to the first phase of 1000 housing units due to break ground in late 1987. The plan ultimately envisions a community of 9000 residences reaching east to Biscayne Boulevard and overlooking the bayf ront park system. Bicentennial Park is ultimately to serve the major open space needs of the Park West community. CTC MASTER PLAN CONCEPTS This plan recommends three primary concepts for the use and structure of the park along with a conceptual framework for pedestrian and vehicular circulation, public access and parking. CONCEPT ONE - OPEN SPACE This is park land. The dominant image, the primary character of this site should be open and green. Moreover, the open space theme should be seen, understood and appreciated from Biscayne Boulevard. Views from this important boulevard, the entrance to downtown, should be into and through the space of the park. The bay edge should be revealed to the boulevard observor. The open space should have three special qualities: 1) large scale - The space should be big enough to accomodate major public gatherings and events (Fiesta -by -the -Bay, Hispanic Heritage Festival); 2) Well defined - What is needed is not a scattered array of meadows and gardens, BUT a uniformly shaped open area that will resist future efforts to fill it up or break it apart with buildings and isolated activities; 3) Dramatic -_The space should convey a sense of grand scale and symbolic importance befitting its location at the entrance to a city with world class aspirations. To enhance the depth and scale of the space, it is recommended that the ground plane of the open space be tilted toward the boulevard. A 2% slope rising from the sidewalk level of the boulevard to the bay edge would enable a viewer on the boulevard to see the full expanse of green open space and the distant bay edge. 0 7 CONCEPT TWO -- WATERFRONT This is a waterfront site ... perhaps the most dramatic segment of waterfront in Florida. The ultimate form and function of the park must reach for, connect to, and actively use the water edge. The bay edge is fixed; it will not and should not move. It is however a turbulent edge for all but the largest of boats and is best considered as a vantage point from which to view the bay. The deep water slip, however, is an ideal sheltered harbour for all types and sizes of vessels. It is the only such deep draft sheltered water on the Miami bayfront and should become the centerpiece of the park. Here the active connection between marine activities and landside attractions can be made. CONCEPT THREE - exhibit pavilions for expos or fairs; ACTIVITIES AND 2) Regional activities and events AT T R AC T 1 ®N S such as the Miami Grand Prix, the Orange Bowl Parade/Fiesta by the Bay celebration, the Hispanic The park must attract manypeople, of Heritage Festival, The fall all interests, at all times of the day, if it is Harvest Crafts Festival and to be judged successful. To do so will require outdoor trade/arts expositions, the -introduction of special activities that will and special public assemblage and complete the spectrum of public bayf ront rallies; attractions that includes Bayside and Bayf ront Park. The key is to complement, not compete with existing activities along the public 3) Special marine activities/ - waterfront. Important as well is the need to services such as port -of -call continue the sequence of public attractions visitations from naval and (Pepper Fountain-amphitheatre-Bayside) from international cruise vessels, "Tall south to north so that the waterfront becomes an tour and sightseeing boats, Tall active link between Chopin Plaza and the OMNI Ships" cruise port, charter area. Activities that connect the bayfront to cruise and fishing boats, water the boulevard are recommended along the slip. taxis and hydrofoils, transient pleasure craft visits, and boat The recommended activity program for the shows. park includes: 4) Athletic activities including 1) Regional attractions that are Miami Dade Community College essentially educational, field sports programs, special interpretive and interactive in collegiate/high school athletic nature. These would be sited competitions, and impromptu and along the bay edge in pavilion unorganized public pursuits from structures and include such softball to kite flying and special facilities as science, frisbee. historical, maritime or museums, C� aquariums, audio-visual 5) Not included in the recommended interpretive centers including fractions are the regional Omni -max, video, slide, laser and performing arts faclities such as holographic projection a grand opera or philharmonic 00 technologies, and specialty hall. Size alone plus their W exhibit pavilions for expos or limited daily use patterns make fairs; . Edim'B'D BE ACTIVITIJES / ATTRACTIONS DOWNTOWN WATERFRONT MASTERPLAN CITY OF MIAMI P 1. A N N I N G D° P A R T M E N T PARK FRAMEWORK 10 Having set forth the basic plan concepts for Open Space, the Waterfront, and Activities/Attractions, it remains to define the circulation, access and support functions that create the essential park framework. PEDESTRIAN CIRCULATION Pedestrian walkways connect activities and attractions. The system is defined by several key features: 1) principally, a waterfront promenade that extends the baywalk from Bayside, beneath the port bridge, around the deep water slip and north to the Omni area (new designs for a high level bridge to Watson Island will allow a baywalk to cross under it); 2) a pedestrian bridge crossing the deep water slip to allow the relatively direct north/south connection of the bayfront attractions. The 1/2 mile walking distance around the slip effectively divides the park into two isolated parts. By locating a bridge aproximately 500 feet from the bay edge, the major waterfront activities can be linked while allowing -port -of - call ships to enter the deep water j slip. With a "bascule opening, the bridge could also allow tall ships and large feature boats to enter the L,7 western end of the slip; 3) a pedestrian bridge crossing port boulevard linking directly to Bayside; 411 a pedestrian walkway extending from the Biscayne Boulevard / llth Street intersection to the Bayfront; 5) major pedestrian plazas terminating the open space commons at the bayfront and the deep water slip at the Boulevard. I PARK FRAMEWORK Having set forth the basic plan concepts for Open Space, the Waterfront, and Activities/Attractions, it remains to define the circulation, access and support functions that create the essential park framework. PEDESTRIAN CIRCULATION Pedestrian walkways connect activities and attractions. The system is defined by several key features: 1} principally, a waterfront promenade that extends the baywalk from Bayside, beneath the port bridge, around the deep water slip and north to ' the Omni area ( new designs for a high level bridge to Watson Island will allow a baywalk to cross under it); 2) a pedestrian bridge crossing the deep water slip to allow the relatively direct north/south connection of the bayfront attractions. The 1/2 mile walking distance around the slip effectively divides the park into two isolated parts. By locating a bridge aproximately 500 feet from the bay edge, the major -waterfront activities can be Oinked while allowing -port -of - call ships to enter the deep water G� slip. With a bascule opening, the bridge could also allow tall ships and large feature boats to enter the western end of the slip; 3) a pedestrian bridge crossing port boulevard linking directly to Bayside; 4) a pedestrian walkway extending from the Biscayne Boulevard / llth Street intersection to the Bayf ront; 5) major pedestrian the open space bayf ront and the the Boulevard. plazas terminating commons at the deep water slip at `10, PARK FRAMEWORK Having set forth the basic plan concepts for Open Space, the Waterfront, and Activities/Attractions, it remains to define the circulation, access and support functions that create the essential park framework. PEDESTRIAN CIRCULATION Pedestrian walkways connect activities and attractions. The system is defined by several key features: 1) principally, a waterfront promenade that extends the baywalk from Bayside, beneath the port bridge, around the deep water slip and north to the Omni area ( new designs for a high level bridge to Watson Island will allow a baywalk to cross under it); 2) a pedestrian bridge crossing the deep water slip to allow the relatively direct north/south connection of the bayfront attractions. The 1/2 mile walking distance around the slip effectively divides the park into two isolated parts. By locating a bridge aproximately 500 feet from the bay Fp edge, the major waterfront activities I can be, linked while allowing -port -of - call 'ships to enter the deep water ,DO slip. With a bascule opening, the bridge could also allow tall ships and large feature boats to enter the western end of the slip; 3) a pedestrian bridge crossing port boulevard linking directly to Bayside; 4) a pedestrian walkway extending from the Biscayne Boulevard / llth Street intersection to the Bayfront; 5) major pedestrian plazas terminating the open space commons at the bayfront and the deep water slip at the Boulevard. 10 �= I Hm. �1 m\\\` Y I�I''�1' I iil IIII��e \��z �1' . y ryr�� ■■ m Ili ,'i . �� ii ,�'� i ij ;. ■ I ■ � r PEDESTRIAN SYSTEM DOWNTOWN WATERFRONT NIASTERPLAN CITY OF M I AM 1 P L A N N I N G D E P A R T M E N T VEHICULAR CIRCULATION To provide vehicular access / service to major attractions, a vehicular drive following the perimeter of the central open space commons and paralleling the waterfront promenade is recommended. Vehicle passengers will have several opportunities to view the bay and harbour (deep water slip) making the drive an equivalent of a shore road or "malecon". Tour buses, Baysid'e trolleys, trams and public transportation would have needed direct access to the front door of major attractions. This drive would not serve as a bypass or relief route to Biscayne Boulevard. Cc 0 ` VEHICULAR SYSTEM (\ DOWNTOWN WATERFRONT RIASTERPLAN �\ \ CITY OF MIAM 1 P L A N N 1 N C D E PARTMENT ACCESS AND PARKING Connecting theproposed park to the larger downtown community and the region is essential. Two principal systems are proposed: 1} People Hover - The Phase II of the downtown Metromover must be extended to the OMNI area thus providing a necklace of stations bordering the western and northern edges of the park. The proposed Bicentennial Park station connects directly to the park which allows it effective access to both public and private parking facilities in downtown, and enhances COD employees and visitor access to park activities. A second station, as a part of the recently proposed people mover extension to the Port of Miami, is needed at the southern margin ❑f the park and should be located directly above the pedestrian overpass to Bayside. The technology for this easterly extension could be the same as the Metromover or a scaled down monorail as in the Zoo. The extension would reach to the cruise port across the new port bridge to be constructed by 1991 (space on the bridge has been provided). 2) Parking - Parking, is a virtual necessity if the park is be actively 1 used. However, surface parking lots and above grade structures that would block or constrain views into the park are considered unacceptable. It C� is recommended that a level of parking (possibly two, depending on the water table level) be placed below the elevated grade of the park (see Concept One - Open Space). The recommended 2% grade of the park sloping up from the Boulevard sidewalk toward the bay edge, would raise the surface of the park enough (600 feet from the boulevard) that a level of parking would fit below it. Significantly, this would still place the parking above the ground water table level but out of sight of a view into the park. Approximately 500 to 750 parking spaces could be thus accomodated on each side of the deep water slip, or 1000 to 1500 total in the park. The vehicular drive described above, would provide access to the parking. While the parking deck below the rising level of the park could be extended to the bay edge and gain even more spaces, it is recommended that the easternmost 200 feet of below grade space be reserved for exhibit space. The above grade pavilions housing the attractions listed in Concept Three - Activities and Attractions will need cons era e sp ay ex > > space. They could utilize the 100,000 square feet of floor area directly below the pavilions in both the Bicentennial Park and FEC tract (200,000 square feet total). In addition, it is recommended that general access to the park be enhanced through the widening and landscaping of Biscayne Boulevard from 5th street to 12th street to extend it's visual character and efficiency of traffic movement. 12 4F At DEPRESS PARKING AND SERVICE TO ATTRACTIONS BELOW OPEN SPACE SLOPE - - - - - - - - . . . . . . . . I ­- - ? I It" e WATER EVENTS PARKING LEAWRE It. H co ED F! P 17-1 ACC E S S,,VAR K I NG 'I'OWN 1T11- 11FRONT MASTER M_kN 1 A 11 1 P 1, A N N 1 N' (; 1) V 11 A,R A' M L N I* GRAND PRI X The Miami Grand Prix, by formal agreement with the City, will stage the annual race in the park through 1998. This plan incorporates the race track and all support activities by providing: 1) use of the vehicular drives and segments of the pedestrian promenade as the track; 2) use of the moons open spaces for pit areas (including below grade parking ,facilities) and hospitality areas; 3) preservation of all bleacher seating areas; 4) removal of tensile structures along slip for bleachers; 5) westerly relocation of turns #3 and #10 to permit space for attraction pavilions, but maintaining minimum IMSA standards for track length; 6) maintaining space for all vending and circulation. ILLUSTRATIVE DESIGN To assist in visualizing how these plan concepts and the supporting framework of circulation, access and parking facilities might materialize, the accompanying sketch, Illustrative Site Plan, has been included. The plan is not a formal park design and it is to be understood that the sketch is only a symbolic depiction. Professional landscape architects, architects and engineers will have to give tangible definition to the adopted plan concepts. The Illustrative Site Plan suggests several possibilities: 1) Two large commons (open lawn areas) are shown extending from Biscayne Boulevard to the bayf ront promenade. The open space edges could be defined with dramatic tropical landscaping. 2) The deep water slip is bordered by a waterfront walkway and connected to Biscayne Boulevard by a major public plaza. As the plane of the adjacent commons areas is rising toward the bay at a gentle 2% slope, the walkway edges of the slip are raised thus creating the opportunity to step down with terraces to the water level. This creates an amphitheatre effect that embraces and accentuates the focus on this important water feature. z SPECTATORS TRACK u Lu u .......... Omm -SPECTAT0rS1l-- TRACK GRAND PRIX COURSE DOWNTOWN WATERFRONT INIASTERPLAN CITY OF MIAMI P L A N N I N G D E P A R T M E NT CCU Ca C� 3) The pedestrian bridge crossing the slip could bq the subject of a design competition resulting in a unique landmark structure that is quite literally the gateway to Miami. Imagine a fanciful suspension bridge outlined with lights and banners. 4) A major waterfront promenade outlines the park and offers the opportunity to create terraced public plazas at the waters edge with unparalled views to the bay and it's islands, the cruise port, and Miami Beach. Wind sculptures could line the shoreline offering color, movement and music. 5) Four pavilions housing special attractions (science museum, Omni -max theatre, etc.) could be placed in sequence along the waterfront. They provide a frame for the view from the Boulevard and mark the bays edge for the distant observor. The pavilions themselves could be each designed by a different architect and offer strong statements as to the regional design aesthetics of sub -tropical Florida. Below the pavilions, bordering the promenade, exhibit space could look out through glass walls to the bay and the harbour slip. 6) Lining the south edge of the the deep water slip could be temporary tensile fabric structures floating above the ground and sheltering a changing variety of shows, exhibits, fairs, and markets. These structures could be removed to make room for the Grand Prix. Vendors could serve a continuous area of tables and chairs beneath a shade pergola that would follow the north shore of the slip. 7) The northern quadrant of the park could be reserved for field games (baseball, soccer), small local concerts ( the show -mobile variety) playgrounds, gardens and a visitors/tourist information/ticket center. 8) Biscayne Boulevard would be widened and landscaped to create a dramatic front entrance to downtown and the bayfront park system. This would necessitate filling in a short portion of the deep water slip to preserve room for the proposed plaza and access drive. 14 Q t` - � s.1.c..:: 4 � a ::,,ice; • c� .a a. .. I LI�tTSTI�ATI `'E SITE 1' LI\. C 1 T Y 0 1: 31 1 A .M 1 1' 1. A X \ ( \ G 1) F: �� , li , ,� �: . IMPLEMENTATION Cl*t CRITERIA To guide the determination of appropriate uses and design of major attractions, the following criteria are recommended: General Suitability of Attractions 1) Provide wide appeal to all age/income/ethnic groups 2) Interpretive or educational t-n nature (offers visitor experiance of lasting value) 3) changeable features to permit state - of -art updating 4) self-supporting financially to greatest extent 5) Attract visitors for maximum hours in a day (evening) 6) Appeal to tourist and convention visitor especially 7) Not of direct competitive nature to Bayside (retailing) 8) Exclude commercial / residential development directly competitive to private property in vicinity (office, hotel, condominium) C-10 to Facility and Site Development Criteria for Attractions 1) View corridor to bay not less than 50% of bayfront width 2) Open space (commons) view corridors unobstructed by structures through to bay edge 3) Four major attractions housed in pavilions with building footprints of 25,000 to 40,000 square feet (not including exhibit floor space below finished grade) 4) All parking and service access to pavilions to be below finised grade of park 5) Height of pavilion structures should not exceed 35 feet above finished grade of park FUNDING The realization of these, or any concepts that envision the full and highest public use of this park, will require a significant public commitment of funds. It is, however, recognized that any plan which seeks to generate major public attractions and activities that will bring millions of annual visitors to the park, has within it the potential for attracting private investment as well. Admission fees, food and entertainment services in support of public attractions offer legitimate means of not only reducing the public 15 burden of capital costs but provide the ongoing 3) Requests -for Proposals - Issue RFP's means of funding operating and maintainance to the private sector vendors for the costs. It must, however, be cautioned that a development of the attractions and fine line exists between optimizing ancillary facilities deemed feasible and revenues through private leases and concessions desirable. and the commercialization of a public park. To assure that a creative yet balanced approach is 4) Assessment District - Research and taken to optimizing a joint public/private define a special benefit assessment development of the park, the following steps are district that would be applied to recommended: properties with Boulevard frontage opposite the park. This assessment 1) Feasibility/Market Study - The City would recognize the unique and should retain an economic consultant significant benefits that would to analyse the contemporary accrue to properties facing the park experiances of American cities in should these public investments be establishing and operating made. Monies for programming and educational/inter-active attractions. maintaining the park could be raised. Some work adequately, others are struggling, and still others have 5) Regional Bonding - Define potential been creative and economic successes. linkages to Dade County bond issue How and why aquariums, museums, funding capabilities in recognition theaters and the like succeed and of the parks regional role. fail is important to know. `their economic and market value when paired 6) Grams - Seek federal Economic with commercial services is an Development Adminstration monies for important question. How much revenue improvements to Biscayne Boulevard. could the City generate from and what would be the terms of a public 7) Expositions - Explore p P potential F offering for a joint venture.s opportunities for attracting foreign government or corporate investments 1 2) Parking Feasibility Study - Based on in connection with the staging of a 500th an economically sound strategy for anniversary celebration in 1992 of the New World discovery. 00 establishing the size and type of CW7 public attractions desired, a p feasibility study is necessary for securing the bond financing of public parking structures described in the �^-- plan. The Miami Department of Off - Street parking should initiate this W study. � 1 Lie 4f :lb st GO r r DOWN,roiNuN INTArt"itt"AtONT VICIN l r ri, DOWNTOWN () 1. NI 1 A M I Ill. ANNI - Mve § 401 MIAMI, FLORIDA Attachment C Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Exception. Offstreet Parking Requirements: Offstreet parking required only to the extent that specific findings are made that there is no negative impact to surrounding areas by Special Exception only. Sign Regulations: Only identification and directional signs by Class II Special Permit. PR Parks, Recreation and Open Space. Intent and Scale: The parks, recreation and open space district only allows for public and private parks, recreational facilities, educational and cultural facilities, marine and marina facilities, enter- tainment facilities, social and health related service facilities, public safety, parkways and scenic corridors. Intensity. To the scale of the population served by the facilities. Permitted Principal Uses: Public or private parks, open space and recreational facilities including existing marinas. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted prin- cipal uses and structures, including specifically: 1. Living quarters for passengers and crews aboard commercial, official or scientific vessels and living quarters for watchmen, caretakers or employees whose work re- quires such quarters on the premises. 2. In existing recreational marinas, such facilities as boat docks, slips, piers, wharves, anchorages; and moorages for commercial, official and scientific vessels and. private pleasure craft; boat rental and charters; occupancy of commercial, official and scien- tific vessels and private pleasure craft as living quarters is [are] also allowed. Conditional Principal Uses: 1. Major structures such as performing arts centers, museums, art galleries, and exhi- bition space which change the character of an existing park and other activities which further municipal purposes as determined by the city commission, all after making findings that the intent of the district is adhered to, by Major Use Special Permit only. 2. Supporting social and entertainment services (such as restaurants, cafes, and re- tailing) public health (clinics and daycare centers) and public safety (police facilities), marine and marina facilities and other entertainment facilities may also be allowed, Supp. No. 1 96 le9 & 850 ZONING § 401 provided that such activities and facilities are an integral part of the park's design or of the recreational function, all by Special Exception with city commission approval only. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Fishing piers shall be permitted only by Class I Special Permit, 2. Repair or servicing of boats, marine motors or marine accessories or equipment other than when boats remain in the water shall be permitted only by Class II Special Permit. Major repair work on the hull shall not be permitted in this district. 3. Sea plane base; dirigible base and helistops by Special Exception with city commis• sion approval only, and subject to limitations in section 933. 4. Retail sales of boating, fishing, diving and swimming supplies and equipment, retail specialty shops by Special Exception only. 5. Marinas, boat docks, slips, piers, wharves, anchorages, and moorages for private pleasure craft by Special Exception only; provisions for occupancy of commercial, official[,] scientific and private pleasure craft as living quarters may be specified in the grant of special exception. 6. Boat rentals and charters by Special Exception only. 7. Aluminum recycling machine, by Class I Special Permit and subject to the require- ments and limitations of section 940. Offstreet Parking Requirements: One (1) space per employee plus one (1) space per five hundred (500) square feet of gross floor area of building space. Sign Regulations: Only name of facility and directional signs by Class I Special Permit. R-1 Single -Family Residential. Intent and Scale: Areas designated as single-family residential allow single-family structures with a den- sity of up to one (1) unit per typical lot size. The typical lot size has a minimum dimension of fifty (50) feet of frontage by one hundred (100) feet of depth, except in specifically designated SD-18 areas. This category allows a maximum density of approximately nine (9) units per net acre. Allowed within this district, and subject to specific limitations, are supporting services such as places of worship, primary and secondary schools, daycare and community based residential facilities. �� Supp. No. 2 97 0 4— 850