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HomeMy WebLinkAboutR-92-0609I A RESOLUTION, WITH ATTACHMENT, CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA PURSUANT TO RESOLUTION NO. 82-755 (MORE PARTICULARLY DESCRIBED HEREIN); AUTHORIZING AN INCREMENT II DEVELOPMENT ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AND MAJOR USE SPECIAL PERMIT 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 II 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 II DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE INCREMENT II DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT II DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 10, 1991, the City of Miami submitted a complete Application for Development Approval for Increment II of ATTACHMENTS) CON'TAIRED CITY COMMISSION, MEETING OF S E P 2 4 1992 Resolution No. 92- 609 . flee a Development of Regional Impact to the South Florida Regional i i Planning Council and the Florida Department of Community Affairs, pursuant to F.S. 380.06 (1991), for the ongoing development through the year 2007 for the area designated in 1982 by City Commission Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area, as legally described in the .. Development Order attached hereto; and t WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 16, 1992, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 27-92 by a nine to zero (9-0) vote, RECOMMENDING APPROVAL of the Increment II Development Order, as amended, for the Southeast Overtown/Park d West Community Redevelopment Area as attached hereto; and WHEREAS, on September 24, 1992, the City Commission conducted an advertised public hearing pursuant to F.S. 380.06 (1991); 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 (19); and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the - issuance of the proposed Increment II 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 an Increment II Development Order as hereinafter set forth; ■ -2- 92- 609 0 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY is OF MIAMI, FLORIDA: 'i Section 1. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Increment II Development Order for the Southeast Overtown/park West Community Redevelopment Area, which is attached hereto as Exhibit "A" and made a part hereof by reference, and applicable to an area of the City of Miami designated in 1982 by Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area, as more particularly described in Exhibit "A". H; Section 2. The Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area, (Exhibit "A"), is hereby granted and issued. Section 3. It is hereby directed that 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 II Development Order be immediately transmitted to: The Florida Department of Community Affairs, Division of Resource Planning and Management, Bureau of State Planning, 2740 Centerview Drive - Rhyne Building, Tallahassee, Florida 32399 and The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021. 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 II Development Order for the Southeast Overtown/Park West Community Redevelopment Area (Exhibit "A"). -3- - 92- 609 Section 5. In the event that any portion or section of this Resolution or the Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area (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 II Development Order for the Southeast Overtown/Park West Community Redevelopment Area (Exhibit "A"), which shall remain in full force and effect. Section 6. The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2) F.S. PASSED AND ADOPTED this 24th day of SeptAber/'1 , 1992. _ i AWES MATTY HIRAI '. City Clerk PREPARED AND APPROVED BY: c�I LIN KELLY KEAR RV p Assisttant City Tttorney LKK/pd/M3143 IER L. Z APPROVED AS TO FORM AND rnRRFrmNFcc• -4- 92- 609 EXHIBIT A ATTACHMENT TO RESOLUTION NO. 9-609 SEPTEMBER 24, 1992 SOUTHEAST OVERTOWN-PARK WEST INCREMENT II DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT Let it be known that pursuant to Section 380.06, Florida Statutes,' the Commission of the City of Miami, Florida, has considered in a public hearing held on September 24, 1992, the issuance of a Major Use Special Permit for Increment II of the Southeast Overtown-Park West development, pursuant to Zoning Ordinance 11000 to be located in the City of Miami, boundaries of which include N.W. 5th Street on the south, I-95 on the west, I- 395 on the north, and Biscayne Boulevard on the east Beginning at a point at the intersection of the center line of N.B. 5th Street; thence west on the center line on N.E. 5th Street (and N.W. 5th Street) to the east ROW line of I-95; thence northwesterly on the east ROW line of I-95 to the south RON line of I-395; thence easterly on the south RON line of I- 395 to the center line of Biscayne Boulevard to the point of beginning, comprising +�- 209.38 acres more or less; or Blocks 2N, 3N, 4N, 5N, 6N, 7N, 14N, 15N, 17N, 18N, 19N, 20N, 21N, 22N, 23N, 24N, 25N, 34N, 35N, 36N, 37N, 38N, 39N, 40N, 41N, 42N, 43N, 44N, 45N, 55N, 56N, 57N, 58N, 59N, 60N, 61N, 62N, 65N, 65E, 66N, a portion of 27N, and all existing street rights -of -way between said blocks; Section 37, Township 53 South, Range 41 East, A.L. Knowlton Nap of Miami (B-41); and Blocks 7, 81 9, 100, 19, 20, 21, portions of blocks 6, 11, 16, and all existing street - 1 - 92- 609 rights -of -way between said blocks; Section 36, Township 53 South, Range 41 East, Alice Baldwin, Jenny M., and Charles E. Oxar Subdivision A-57 Amended (B-87); and Blocks 2, 8, 9, 10, 11, a portion of block 3, and all existing street rights -of -way between said blocks; Section 36, Township 53, Range 41 East, Sosts Subdivision (B-27); and Blocks 1, 8, and all existing street rights -of -way between said blocks; Section 36, Township 53, Range 41 East, Perry Division (B-163); and Greyhound Center (77-98); Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map of Miami (B-41); and Block 46N, Section 37, Township 53 South, Range 41 East, G.G. Bolles (1-16); and Blocks 16N, 26N, and all existing street rights -of -way between said blocks; S37, Township 53, Range 41 East, P.W. White Re -Subdivision (B-34); and Blocks 59N, 60N, and all existing street rights -of - way between said blocks, Section 37, Township 53, Range 41 East, Miami South Half -Blocks (1-185); and RTY SEC CORPS 3-172, J.A. Danns Sub 7-36 Blocks C and D, Howard Johnson Sub 79-87, Jones Resub 3-1761, Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map of Miami (B-41). (Further described in the survey submitted pursuant to the application for Major Use Special Permit). ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or easements of record; NAME OF DEVELOPMENT: The Southeast Overtown/Park West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami AUTHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assistant City Manager and Sergio Rodriguez, Assistant City Manager, or their successors. - 2 - 92- 609 PROJECT DESCRIPTIONS The project consists of development in the Southeast Overtown/Park West Community Redevelopment Area through the year 2007, including the following land uses and increments Land uses Increment I Increment II Increment III Totals (1988-1997) (1992-1999) (1999-2007) Of f ice (98f) 166,000 337,000 500,500 1,003,500 Commercial (gsf) 950,400 71,700 90,600 257,700 Hotel (rooms) 0 500 600 1,100 Residential (units) 2,000 2,000 51000 9,000 Attractions (seats) 80,000 8,000 0 160,000 Pursuant to F.S. 380.06(22) (1991), 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 Southeast Overtown/Park West Community Redevelopment Area, designated in 1982 by City Commission Resolution No. 82-755, as illustrated in Exhibit 1 attached.hereto and described in the legal description above. E DEFINITIONS: For 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 Southeast Overtown/park West filed by the City of Miami on February 6, 1987, pursuant to F.S. 380.06 (1987). CADA OR Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 9 on page 15 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. DERV: The Metropolitan Dade County Department of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. - 4 - 92- 609 Maior Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 11000, the zoning Ordinance of the City of Miami, as amended. Net New Development: Any construction or reconstruction which will result in a net increase, within any "Parcel of Land", of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, government office, retail/service, convention, wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the Planning Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the land uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has on the effective date. of this Development Order a valid building permit or any currently effective development order shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in floor area, if he finds that such development would have no regional impact as measured by peak hour vehicle trips. - 5 - 92-r 609 Parcel of Lands 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. Projects That Project described in the "PROJECT DESCRIPTION" on Page 3 herein. Proiect Area: The area included within the legal description on page 1-2. (The area bounded by I-395, I-95 , N.W. 5th Street and Biscayne Boulevard.) 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) (1991), and which shall be measured by the following land uses: Office (sq. ft.) 337,000 Retail/Service (sq. ft.) 710,700 Hotel (rooms) 500 Residential (units) 2,000 Attractions (seats) 8,000 The City may permit simultaneous increases and decreases in the above described land use categories, provided that the regional - 6 - 92- 609 G impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment II 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 Projects 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 above. C. The City of Miami filed the ADA with the City, the Council, and the Florida Department of Community Affairs. D. The CADA has been filed by, the City of Miami pursuant to F.S. 380.06(22) (1991) authorizing the City of Miami to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. The Consolidated Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Ch. 380 F.S. and local ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for - 7 - 92- 609 0 0 approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the applicant, its successors, or assigns. S. 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 the 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 Southeast Overtown/Park west Community Redevelopment Area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) - 8 - 92- 609 G. (1991), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment II, 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 entails the redevelopment of 209 acres of prime real estate adjacent to the Miami Central Business District for new residential, office and commercial activity. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. As originally proposed in the Master Development Order (Resolution 88-1101, Increment II of the project (1994-1999) consisted of the following: Element Area Office (gross sq. ft.) 205,000 Retail/Service (gross sq. ft.) 37,300 Hotel (rooms) 500 Residential (units) 2,000 Convention (gross sq. ft.) 310,000 Pursuant to certain changes in market conditions and to the proposed location of a performing arts center within the boundaries of the DRI, the Master Development Order and the Increment I Development Order are being amended concurrently with this development order, to reflect the following land use categories for the revised time frame 1992 to 1999: - 9 - 92- 609 a J Element Area Office (sq. ft.) 337,000 Retail/Service (sq. ft.) 71,700 Hotel (rooms) 500 Residential (units) 2,000 Attractions (seats) 8,000 The Master Development Order made provision for "the simultaneous increases and decreases between the land use categories (sic), 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." The substitution of additional commercial development and attractions development for convention development does not exceed the total trips generated by the original configuration proposed by the Master Development Order. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1991). I. A comprehensive review of the probable impacts that will be generated by Increment II of the Project has been conducted _ by various City departments, as reflected in the CAD, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recoaendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for the Southeast Overtown/Park West Community Redevelopment Area - Increment II", dated August 1992. The South Florida - 10 - 92-- 609 Regional Planning Council recommends approval of Increment Ii of the Project, and all conditions to which such approval is subject are reflected herein. �C. Increment II of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment II of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment II of the Project is in accord with the district zoning classifications of 11000, as amended. N. Increment II of the Project will have a favorable impact on the economy of the City. P. Increment II of the Project will efficiently use public transportation facilities. Q. Increment II of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. Increment II of the Project will efficiently use necessary public facilities. S. Increment II 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 II of the Project will not adversely affect living conditions in the City. D. Increment II of the Project will not adversely affect public safety. 92- 609 V. There is a public need for Increment II of the Project. CONCLUSIONS OF LAWS That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the followings A. The City of Miami acting as a "downtown development authority" as defined in F.S. 380 (1991). and is authorized by F.S. 380 (1991) to make application for development approval and receive a development order. B. Increment II 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 II 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 II 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 (1991). E. Changes in Increment II of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than five percent (5%) in total - 12 - 92 609 i acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1991). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment II 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 TERNS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Incorporate the following into the project design and operation to minimize the cumulative adverse regional impact of the project, its traffic and associated pollutant emissions on air quality; a. Actively encourage and promote ridesharing by establishing a car and van pool information program; b. Provide local and regional mass transit route and schedule information in convenient locations throughout the project, including office complex lobbies and within and adjacent to retail areas; c. Encourage transit use by provision of bus shelters, development of turnout lanes, or provision of other amenities to increase ridership; and d. Provide on -site bicycle storage facilities to encourage use of alternative modes of transportation. 2. For the purposes of water conservation, utilize low water use plumbing fixtures, self -closing and/or metered faucets, and other water conserving devices. - 13 - 92- 609 3. Incorporate the use of water sensors and other low water volume landscape irrigation techniques to reduce the project demand on the region's potable water supply. 4. Complete the construction of N.W. lot Avenue from N.W. loth Street to N.W. 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment II will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31, 1998. In the event that by December 31, 1997, the necessary right- of-way for the subject improvement has not been acquired, then within 30 days, the Applicant shall request a meeting with Council staff to consider potential reallocation of the Applicants proportional share in the amount of $472,852 (1992 dollars). Any reallocation must be consistent with applicable statutes and rules. 5. Comply with the requirements of Chapter 14, Section 14-71, Code of the City of Miami, entitled Transportation Control Measures, which sets forth the peak hour trip reduction and reporting requirements for this project. 6. Conduct air quality modelling of carbon monoxide impacts. The air quality modelling shall follow Florida Department of Environmental Regulation guidelines and shall: a. Be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. Include the following intersections: N.E. lot Avenue/N.E. 5th Street; and, N.E. 2nd Avenue/N.E. 5th Street; and, c. Be submitted by June 30, 1999, in a detailed analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. 7. If the results of the air quality modelling study, as described in Condition 6, above, exceed 85 percent but less than 100 percent of the State standard for CO concentrations, submit by October 30, 1999, a detailed air quality monitoring plan to FDER and DERM for review and comment and SFRPC for review and approval. Pending approval - 14 - 92- 609 �1 of the monitoring plan, withhold the issuance of any building permits for net new development Within the subarea that show exceedences of 85 percent of the CO standard. B. If the results of the air quality modelling study, as described in Condition 6, above, or any monitoring results pursuant to Condition 7, 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 prior to issuance of building permits for the particular net new development. This documentation must be submitted to FDER and DERM for comment and review, and to the SFRPC for review and approval. b. Withhold the issuance of any building permits for net new development within the subarea that shows CO exceedences. 9. 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 and one copy to the Department of Community Affairs within 30 days of the effective date of the 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 the development order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 10. Submit an annual report to the Council, and the Department of Community Affairs on each anniversary date of the effective date of the development order. The annual report shall include, at a minimum, a complete response to each question in Exhibit 3 (Annual Report). 11. Identify in the development order any approved development, including the acreage attributable to each approved land use, open space, areas of preservation, and green belts, and - 15 - 92- 609 d the structures and improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and other major characteristics or components of the development. 12. Establish the termination date for completing development as December 31, 1999, provided that the applicant, its successors, and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06(19)(c) F.S. 13. Establish an expiration date for the development order. 14. Establish the effective date of the development order as 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided however that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2) F.S. 15. Record, within 30 days of the effective date of the development order, notice of the adoption of the development order with the Clerk of the Dade County Circuit Court pursuant to Section 380.06(15), F.S., specifying that the development order runs with the land and is binding on the applicant, its successors, and assigns, jointly or severally. 16. Meet the following state criteria for issuance of a DRI development order: a. The development order shall specify: (1) The name of the development. (2) The authorized agent of the developer. (3) The name of the developer. (4 ) A statement that: The Application for Development Approval (ADA) is approved, or The ADA is approved subject to conditions, specifying the conditions, or The ADA is denied, specifying the reasons for denial and changes in the development proposal, if any, that would make it eligible to receive development approval. - 16 - 92- 609 b. Findings of fact and conclusions of law addressing whether and the extent to which: (1) The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; _ (2) The development is consistent with the local land development regulations and the adopted local comprehensive plan; (3) The development will be consistent with the recommendations of the Council DRI Assessment pursuant to Section 380.06(14) F.S.; and (4) The development makes "adequate provision for the public facilities needed to accommodate the impacts of the proposed development" or the City commits in the development order to provide these facilities consistent with the development schedule. c. A legal description of the property including acreage. 17. Designate an official to monitor compliance with all conditions of the development order and specify monitoring procedures that, at a minimum, require development order conditions to be reviewed by City of Miami prior to issuance of any local development permit. 18. Incorporate the Consolidated Application for Development Approval by reference into the development order as follows: "The Consolidated Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Ch. 380 F.S. and local ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the applicant, its successors, or assigns." 19. Incorporate into the development order by reference the Council DRI Assessment for Southeast Overtown/Park West - Master and Increment II. 20. Attach copies of all exhibits referenced in the development order. - 17 - 92- 609 EXHIBIT 1 MAP OF OVERTOWN BOUNDARIES he t V t`tt WC1/Par�o)/Ves., N��h,N�st 14tt1 street �4v,Qva t.g5 City of Miami EXHIBIT 2 TRIP GENERATION RATES EXTERNAL p.m. PEAK -HOUR PROJECT TRIP GENERATION RATES �l3ses tig &tes Office 0.9W1000 SF Commercial 4 09/1000 SF Hotel 0.4ZIRoom Residential 0.235/DTJ Attraction/Recreation 11.25/1000 Seats SOURCE: ADA 92- 609 EXHIBIT 3 ANNUAL REPORT FORM RPM-BSP-AJ;NUA1- REPORT-1 STATE OF FI.,ORI DA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.06(18), Florida Statutes, places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the regional planning agency, the Department of Community Affairs, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you have any questions about this required report, call the DRI Planner at (904) 488-4925. Send the original completed annual report to the designated local government official stated in the development order with one copy to each of the following: a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Division of Resource Planning and Management Bureau of State Planning 2740 Centeiview Drive Tallahassee, FL 32399 92-- 609 0 0 Format your Annual Status Report after the format example provided below. ANNUAL STATUS REPORT Reporting Period: to Month/Day/Year Month/Day/Year Development: Name of DRI Location: City County Developer: Name: Company Name Address: Street Location City, State, Zip 1. Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Develop- ment of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit A a detailed description of each change and copies of the modified site plan drawings. 'Exhibit A should also address the following additional items if applicable: a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; 92- 609 4k c) Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), P.S. 2) Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new Development of Regional Impact development order for the project? Provide a copy of the order adopted by the annexing local government. 3) Provide copies of any revised master plans; incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. 4) Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. Example: Number of dwelling units constructed, site improve- ments, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. 5) Have any undeveloped tracts of land in the development (other than individual single-family lots) been sold to a separate entity or developer? if so, identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: if a response is to be more than one sentence, attach as Exhibit D. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact s�te subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. 92- 609 7) List any substantial local, state, and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. NOTE: If a response is to be more than one sentence, attach as Exhibit F. 8) Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been complied with during the annual report reporting period. NOTE: Attach as Exhibit G. 9) Provide any information that is specifically required by the development order to be included in the annual report. 10) Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06.(15)•and (18), F.S. Person completing the questionnaire: Title: Representing: 9-9-- 669 PLANNING FACT SHEET PZw20 APPLICANT Miami Department of Development and Housing Conservation: October 10, 1991 LOCATION Southeast Overtown/Park West Development of Regional Impact (DRI). (Complete legal description on file with the Hearing Boards Division). LEGAL DESCRIPTION - - Beginning at a point at the intersection of the center line of N.E. 5th Street and the center line of Biscayne Boulevard; thence west on the center line of N.E. 5th Street (and N.W. 5th Street) to the east ROW line of I.95; thence northwesterly on the east ROW line of I-95 to the south ROW line of I-395; thence easterly on the south ROW line of I-395 to the center line of Biscayne Boulevard; thence southerly on the center line of Biscayne Boulevard to the point of beginning, comprising +/- 209.38 acres, more or less. PETITION Consideration of approving Increment II of the Southeast Overtown/Park West Development of Regional Impact. In its entirety, the Phase I redevelopment program will have included the construction of 2,000 residential dwelling units, 166,000 square feet of office space, 95,400 square feet of commercial space, 8,000 attractions seats, and a sports arena (approved under separate ORI). The Phase I development program is anticipated to occur between 1988 and 1997. The Phase II development program (1992-1999), under consideration in this item, includes the provision of 2,000 additional residential dwelling units, 337,000 square feet of office space, 71,700 square feet of commercial space, 500 hotel rooms and 8,000 attractions seats. The attractions land use. (in Phases I and II) may include a museum theater, cruise port -related ` activities, specialty exhibits, performing arts center, theme entertainment, and institutional/educational uses. Phase II (1999-2007) is proposed to include 5,000 residential dwelling units, 500,500 square feet of office space, 90,600 square feet of commercial space and 600 hotel rooms. When all phases have been completed the Southeast Overtown/Park West Community Redevelopment Project is intended to transform a presently blighted, under-utilized land area into a socially and economically integrated community. PLANNING RECOMMENDATION Approval BACKGROUND AND Representing the culmination of a ten-year planning process by both the City ANALYSIS of Miami and Dade County, the general redevelopment concept for the project is directed toward the provision of a wide range of housing opportunities for moderate income families (S15,000-550,000 annual family income) within a downtown settino. Also, incorporated in the development plan is the provision of support services necessary to serve the area's future population. In conformance with the SEOPW Community Redevelopment Plan (adopted by both the Miami City Commission Res. No. 82-755, and the Board of County Commissioners Res. No. 1677-82), the role of the public sector will not be to undertake specific building programs but rather to facilitate overall development using a variety of positive investment incentives including special zoning designations, public land acquisition, financial subsidies and the provision of new public facilities and amenities. The City of Miami has initiated the redevelopment effort with a Phase I development surrounding the Overtown Metrorail Transit Station. Nine development parcels (or city blocks) have been acquired and developers have been selected. To date, Stage 1 of the Phase I redevelopment program has included the construction of 857 residential dwelling units, 18,000 square feet of commercial space, a 16,500-seat sports arena, a pedestrian mall and the acquisition of properties for the Historic Overtown Folklife Village. 609 191- PLANNING ADVISORY BOARD: Meeting scheduled for September 16, 1992. '40 141,;11 South 0 5 72 1=lorida : Regional 024. 1' 2: 59 Planning Council August 4,1992 -'The Honorable Xavier Suarez Mayor, City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The South Florida Regional Planning Council has adopted the enclosed Southeast Overtown/Park West Increment 11 Development of Regional Impact and forwarded copies to the Department of Community Affairs and other reviewing entities. This report is provided for your use in reviewing the project and preparing a development order. While the staff of the Council is available to assist in resolving any matter regarding this report, the Council has no legal mechanism through which it can act on this report again, except through appeal procedures. Section 380.06, Florida Statutes, and Rule 9J-2.025, Florida Administrative Code, set criteria for development orders. Please review these criteria, as well as the enclosed Council recommendations, carefully -prior to issuing a development order for this project. Copies of any development order issued with regard to this project must be transmitted to the Council and the Department of Community Affairs, which have 45 days thereafter to make an appeal decision. If we can be of further assistance, please call. Sincerely,Al Carolyn A Dekle Executivepirector CAD/kc Enclosure j cc: See attached list 609 3440 Hollywood Boulevard, Suite #140, Hollywood, Florida 33021 Broward (305) 961-2999, Dade (305) 620-4266, FAX (30. ' 96i-0322 414 SOUTHEAST OVERTOWN/PARK WEST COMMWNI i e REt3F_VeL(JM&W MACT t Pegs I of ,, Linda McCarthy Plorida. Dept of Environmental Regulation 19M S. Congress Ave., Suite A West Palm Beach, lL 33406 Mr. Joseph W. McManus City of Miami Planning Dept. 275 N.W. 2nd St. Miami, FL 33128 Mr. Jim Golden South Florida Water Management District P. O. Box 24680 West Palm Beach, FL 33416-4680 David Trimble Department of Natural Resources 3900 Commonwealth Blvd. Mail Station 45 Tallahassee, FL 32399 Mr. Matthew Schwartz, Director City of Miami Downtown Development Auth. 1 Biscayne Tower, Suite 1818 Miami, FL 33131 Mr. Herbert Bailey Assistant City Manager Overtown Park West project P.O. Box 330708 Miami, FL 33233-0708 Mr. Reginald Waiters, Director Dade County Planning Dept. III N.W. Ist St., Room 1220 Miami, FL 33128 Mr. Walter Herndon, Jr. Dade County Public Works Dept. III N.W. Ist St., 14th floor Miami, FL 33128 Mr. Bruce Offord Fla. Dept. of Environmental Regulatior 1900 So.. Congress Ave., Suite A West Palm Beach, FL 33406 Mr. Rick Poley Dade County Environmental Resources Management III N.W. Ist St., 13th floor Miami, FL 33128 . 92- 609 S SOUTHEAST OVERTOWN/PARK 'WEST COMMUN 1 TY RLUty rLUt+MhN 1 h'KUJ h61 raQO 4 Ut Ot Ms. Wynelle Wilson Fla. Dept. of Commerce Bureau of Economic Analysis Tallahassee, FI 32301 Mr. George W. Percy, Director Div.'of Historical Resources and State Historic Preservation Officer Florida Dept. of State R.A. Gray Bldg. Tallahassee, FL 32399-0250 Mr. Joaquin Avino, Manager Metropolitan Dade County 111 N.W. 1st Street Miami, FL 33128 Mr. Lee Rawlinson, Coordinator Dade County Developmental Impact Committee 111 N.W. Ist St. Miami, FL 33128 i i+ Mr. Servando Parapar Florida Department of Transportation I; 602 South Miami Ave. i€ Miami, Florida 33130 i i Mr. Ray Fernald Fla. Came 8 Fresh Water Fish Commission 110 43rd Ave. S.W. Vero Beach, FL 52962 Mr. Jim Snyder Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Robert Sechen, Esquire Blackwell, Walker, et al. 2400 Amerifirst Bldg. One S.E. 3rd Avenue Miami, FL 33131 Mr. Mark Yanno. U.S. Fish 8 Wildlife Service P.O. Box 2676 Vero Beach, FL 32961-2676 Mr. Sergio Rodriguez, Director Planning Department City of Miami P.O. Box 330708 Miami, FL 33233-0708 SOUTHEAST WgRTOWN/PARK 6$ WBB!x OOMNNNITY REDMLOPMM'T PJW9CT Mot 3 of 3 Mr. Reginald Barker, AICP P.O. Box 1719 Alachua, VL 32615-1719 Ms. Sabrina gouie Project Manager Overtown Park nest Project P.O. Box 330708 Miami, rL 33233-0708 i South Florida' Regional Planning Council AGENDA ITEM #5a MEMORANDUM Date: AUGUST3,1992 To: COUNCIL. MEMBERS From: STAFF Subject: SOUTHEAST OVERTOWN/PARK WEST - INCREMENT II - CITY OF MIAMI 41 Location: 010 7/ RT b t MW 71 ST Nw. U ST I Nw 6{ tT .ia IV Is sT CORAL WAY N I/ M p ! « GIRD AVE GRAND AVE 4 ►OINCIANA AVE GINNER KEY MARDEC AVE SITE tW .'vENCYUN � CAUSEWAY < u �c H ' tm R . �j a4jA4' RICKENOACKER�, CAUSEWAYVIRGINIA -. 1� •! II i / 3440 Hollywood Boulevard, Suite #140, Hollywood, Florida 33021 _ 609 _ Braward (305) 961-2999, Dade (305) 620-4266, FAX (305) 961-032292 k I 11 DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR SOUTHEAST OVERTOWN/PARK WEST - INCREMENT 11 Located in the City of Miami SOUTH FLORIDA REGIONAL PLANNING COUNCIL August, 1992 fLIST OF FIGURES ................ ......................................................................................................................... i LISTOF TABLES..........................................................................................................................................0 LISTOF FJCHIBITS.....................................................................................................................................ui INTRODUCTION........................................................................................................................................1 PARTI. PROJECT DESCREMON............................................................................................ 2 A. APPLICANT INFORMATION.............................................................................2 B. PROJECT INFORMATION..................................................................................2 PART II. PROJECT IMPACTS AND ISSUES............................................................................. 6 A. ENVIRONMENT AND NATURAL RESOURCES ........................................... 6 B. ECONOMY..............................................................................................................6 C. PUBLIC FACILITIES............................................................................................11 D. TRANSPORTATION...........................................................................................12 PART III. COMMENTS FROM OTHER REVIEWING AGENCIES.....................................16 PART IV. CONSISTENCY WITH THE REGIONAL PLAN FOR SOUTH 26 FLORIDA....................................................................................................................... PART V. SUMMARY AND RECOMMENDATIONS............................................................27 UST OF FIGURES Fiore N o. Title Lage 1 Project Location ........................................................................................................ I ..... 3 2 Master Development Plan ......................................................................................... —4 3 Traffic Impact Area ....................................................................................................... 15 I 92- 609 LIST OP TABLES 'Title ra e Table No. 1 Proposed Development................................................................................................ 3 2 Project Costs....................................................................................................................7 8 3 Permanent Employment Impacts............................................................................... 4 Direct Fiscal Impacts....................................................................................................10 5 Summary of Affordable Housing Needs.................................................................11 6 Water, Wastewater, and Solid Waste.......................................................................12 — 7 Project Trip Generation...............................................................................................14 8 Recommended Transportation Improvements......................................................14 �2- 63 ;i LIST OF EXHIBITS c 'bit No. Title Lase 1 Trip Generation Rates................................................................................................. 31 2 Annual Status Report.................................................................................................. 32 INTRODUCTION This assessment of the proposed Development of Regional Impact (DRI) known as Southeast Overtown/Park West - Increment It has been prepared by the South Florida Regional Planning Council, as required by the Florida Environmental Land and Water Management Act. The assessment is based on information supplied by City of Miami staff, state, federal and regional agencies, official plans, consultants, and field inspection. Additional research; relative to specific - issues was conducted by Council staff where needed. In accordance with the Act, this assessment provides an overview of the positive and negative impacts likely to result from the proposal. The recommendations are intended to assist the City Commission in reaching a decision on the proposed development through consideration of regional, in addition to local, impacts and issues. Copies of any development order issued with regard to this project must be transmitted to the South Florida Regional Planning Council and the Florida Department of Community Affairs. / 2/ 92- 609 PART I- PROJECT DESCRIPTION A. APPLICANT INFORMATION Project Name: Southeast Overtown/Park West - Increment II Applicant: City of Miami P.O. Box 330708 Miami, Florida 33233-0708 Date of Acceptance of Application: June 17,1992 Date of Receipt of Local Public Hearing Notice: June 25,1992 Deadline of Council Action: August 13,1992 Date of Local Public Hearing: September 24,1992 Type of Development: Mixed Use Location of Development: City of Miami B. PROJECT INFORMATION The City of Miami has undertaken a Development of Regional Impact for a portion of the City pursuant to s. 380.06(22), F.S. The City of Miami, acting as a Downtown Development Authority pursuant to s. 380.031(5) as the Applicant, has proposed to have the Southeast Overtown/Park West DRI be reviewed as a Master/Incremental development pursuant to s. 380.06(21), F.S., and Rule 9J-2.028, F.A.C., which states the following: If a proposed development is planned for development over an extended period of time, the developer may seek to follow an alternative DRI review procedure by filing an application for master development approval of the project and agreeing to present subsequent increments of the development for preconstruction review. It is further stipulated in s. 380.06(21), F.S., that the development order for a master application for development approval (ADA) shall specify the information which must be submitted with an Incremental ADA and shall specify those issues which can result in the denial of an incremental ADA. The recommendations contained in this impact assessment report deal with those issues which are specified for preconstruction review for incremental ADAs in the Southeast Overtown/Park West - Master Impact Assessment Report. Those issues recommended to be part of the Southeast Overtown/Park West - Increment IT development order will be discussed in the body of this report. Other issues which cover the entire Southeast Overtown/Park West development have been discussed in the Southeast Overtown/Park West - Master Impact Assessment Report (January 4,1988). 2 92-- 609 The Southeast Overtown/Park West development is proposed for a 209-acre site bounded by I-395 on the north, NE and NW 5th Street on the south, Biscayne Boulevard on the east, and I-95 on the west (Figure 1). Implementation of the Southeast Overtown/Park West Master Development Plan (Figure 2) has been separated into three phases spanning the period 1986 - 2005. The first phase of development, Increment I (1986 - 1992), is currently under construction. Increment 11 represents the second phase of construction proposed for implementation during the period 1992 - 1999. Increment III is the third and final phase of development proposed for construction during the period 1999 - 2005. The amount of development proposed for Increment II (the subject of this application) is shown in Table 1. Office Increment (Sq. Ft.) R (1992 -1999) 337,000 SOURCE: ADA TABLE I PROPOSED DEVELOPMENT Commercial Hotel Residential S . Ft.(Rooms) (D.U.) 71,700 500 21000 Attraction Seats E NA� La►�i SOUTH FLORIDA REGK)NAL PLANNING COUNCIL W W d 3 WW N w, NW T9 ST 1 NW TI ST I N W, 62 d 1 NW 54 ST' N I NW 48 I NW 36 ST--.r��}•� JULtA 1 CAUSE NORTH BAY. CAUSEWAY _ '4� "--•-- - _.. ..mot. � 3 =� ty 1� J�• Q 1 m W a NW T B' SW 16 $TV - N .4 on CORAL WAY ti 3 BIRD AVE GRAND AVE POINCIANA AVE HARDEE AVE- Source: ADA NW i 1 t i W VENETIAN Y r� • CAUSEWAY IC _ S W i ST `'�. • �••� Op �f • will, rrI ., N• r• A' • RICKEN13ACKER j` `•• iC~ i �. CAUSEWAY 4 !-""'' VIRGINIA KEY d DINNER KEY i • i ...-...—.—...-...-...-....-.......-.. PROJECT LOCATION 92- 603 Y _ O O 0 C i► F &no r n w 0 1/2 I IC SCALE FIGURE 1 ='--) ., M. i0 ... SOUTH FLORIDA REGIONAL PLANNING COUNCIL RTSICC1tttAt ,.... "=Un wmr" mntRitAL RISI pwt ALo4mIcRmoK"= ,. RODCRA"IMtOM O[tW C"EltCIAL RCS[pOITtALdLCIGN!lORNOyO "malTVMICA IOU" WIoWIm C2"NITT CDMCRCIAL t�►,►JJJJj,{ RICH WASITT RtSIUMIAL- � NOaUJUMICM WSITT CD"ITT W4(tl HIGH omsm C� CLXTRAI. Rr.ISUBS OtSTRICT Ca:aia=.•� wt%AL WM UCIAL TRARS}ORTATIOL ►ARl1 LTO S►AM T� INSTIWTIDMLL Spmm = MASTER DEVELOPMENT PLAT'*! Sowce: ADA 92-- 609 FIGURE 2 L00IIII 1ALE PART It,- PROJECT IMPACTS AND ISSUES A. ENVIRONMENT AND NATURAL RESOURCES 1. Summary Impacts of the proposed development on the environment and natural resources were addressed in the Southeast Overtown/I'ark West - Master Impact Assessment Report Qanuwy 4, 1988). The exception to this is air quality impacts which are addressed below. 2. Air Guaft The Applicant has submitted an air quality analysis for Increments I and II as required by Increment I development order conditions. The Florida Department of Environmental Regulation (FDER), Dade County Department of Environmental Resources Management (DERIVI), and Council staff have reviewed the study. The results of the study show that under normal conditions no exceedences of the National Ambient Air Quality Standards (NAAQS) for Carbon Monoxide (CO) will occur at Increment II buildout (1999). However, modeling of the worst case scenario (i.e. worst case temperature, wind speed and direction, etc.) indicates that two intersections; NE 1 Avenue/NE 5 Street and NE 2 Avenue/NE 5 Street, will potentially exceed 85 percent of the NAAQS. Due to the possibility that air quality exceedences might occur, it is recommended that the Applicant perform air quality modelling in the later stage of development of Increment II utilizing conditions existing at that time. The purpose of this modelling will be to determine if an air quality mitigation program is needed. In the event that mitigation program is needed, an air quality abatement program will be established. Conditions 6 through 8 in Part V of this report address air quality modelling and potential mitigation. B. ECONOMY 1. Project Costs The applicant estimates a total project cost of $1.28 billion, for residential and non- residential development spread across three phases. Increment 11, which would begin in 1992 and conclude in the year 1999, would cost $399.3 million, accounting for 31 percent of overall project costs. Approximately 81 percent of expenditures in Increment II are expected to be spent in the Region, as shown in Table 2. 17 92- 609 6 0 3 M TABLE 2 PROJECT COSTS (thousands of 1991 dollars) Increment Il Overall Project Increment Spent % Spent Project Spent % Spent Item Costs In Region In Region Costs In Region In Region Land 71,793 71,793 100 139,590 139,590 100 Labor 87,344 87,344 100 305,338 305,338 100 Materials 203,802 142,662 70 712,455 498,719 70 Interest 26,203 18,342 70 91,601 64,121 70 Prelim. Plan. 10,190 51095 50 35.623 50 TOTAL 399,332 325,236 81 1,284,607 1,025,579 80 SOURCE: ADA The applicant projects a need for approximately 4,144 construction employee man-years during the eight -year build -out period for Increment U. Although no estimates have been carried out to this effect, it is reasonable to suppose that the induced effects from the jobs created during the construction period, and the resulting increased income in the region, would have an impact which is somewhat larger than that estimated for the direct project cost. 2. Permanent Employment The applicant states that a total of 2,350 new permanent jobs will have been filled as a result of the non-residential development proposed for Increment 11, by its completion in the year 1999. Council staff estimates that 1,650 employees (70 percent of the Increment II total) will constitute direct new jobs in the region. These projected new permanent jobs, organized by SIC code, were introduced into the Regional Science Research Institute (RSRI) regional input-output model, which produces an estimate of the overall annual impact of the project on employment, the value of output, wages and value added for each county in the South Florida region. The totals take into account both the direct and indirect impacts which new jobs and new income have on the local economy (Table 3). The results of the simulation indicate that the permanent new employment (which does not include jobs created during the construction phases of the project) could generate a total of up to 2,926 new jobs in the region, with 408, 2,491 and 27 in Broward, Dade and Monroe counties, respectively. This employment is estimated to generate approximately $38.5 million (in 1982 dollars) in total annual wages. The average wage of $13,164 (in 1982 dollars) is above average when compared to other projects evaluated by Council staff, and reflects the applicant's proposal to attract a mix of financial, real estate, legal, medical and other professional activities, in addition to a modest amount of hotel and commercial development, to the site. The non-residential component of the project, by its direct and indirect effects, could add as much as $102.9 million in value added to the regional economy each year. 92- 609 TABLE 3 ALLOCATION OF REGIONAL EFFECTS AMONG CONSTITUENT COUNTIES A. EMPLOYMENT (IN JOBS; NOT NECESSARILY FULL-TIME EQUIVALENTS) SO. FLA. PALM BROWARD DADE MONROE REGION BEACH AGRICULTURE 3.6 4.4 .1 8.1 3.8 AGRI. SERV., FORESTRY, & FISH 2.3 2.8 .2 5.2 2.4 MINING .4 1.0 .0 1.4 .1 CONSTRUCTION 50.9 73.1 3.7 127.7 29.9 MANUFACTURING 13.5 42.4 .1 56.1 5.4 TRANSPORT. & PUBLIC UTILITIES 6.6 62.7 .7 69.9 7.4 WHOLESALE 9.8 55.5 .9 .66.2 8.4 RETAIL TRADE 132.1 311.6 9.8 453.5 66.4 FINANCE, INS., & REAL ESTATE 48.2 887.2 2.1 937.4 26.4 SERVICES 135.5 1037.6 8.9 1182.0 75.9 GOVERNMENT 5.4 12.6 .3 18.3 3.0 ADMIN. AUXILIARY .0 .0 .0 .0 .0 TOTAL 408.2 2490.9 26.8 2925.9 229.1 B. VALUE OF OUTPUT (IN THOUSANDS OF 1982 DOLLARS) SO. FLA. PALM BROWARD DADE MONROE REGION BEACH AGRICULTURE 103.1 141.7 2.4 247.3 114.7 AGRI. SERV., FORESTRY, & FISH 56.0 76.9 3.4 136.2 63.0 MINING 29.4 72.1 .0 101.6 6.2 CONSTRUCTION 1217.2 1747.7 58.8 3023.7 673.7 MANUFACTURING 931.2 2303.2 4.7 3239.2 344.6 TRANSPORT. & PUBLIC UTILITIES 362.1 5558.0 30.8 5950.8 509.3 WHOLESALE 366.0 2074.0 15.2 2455.2 269.5 RETAIL TRADE 2614.3 6341.9 159.4 9115.5 1306.7 FINANCE, INS., & REAL ESTATE 3822.6 80572.8 112.3 84507.7 2016.9 SERVICES 3661.2 30308.4 157.6 34127.2 1917.7 GOVERNMENT 178.8 467.4 7.3 653.5 95.9 ADMIN. AUXILIARY .0 .0 .0 .0 .0 TOTAL 13341.8 129664.1 552.0 143558.0 7318.1 C. TOTAL WAGES (IN THOUSANDS OF 1982 DOLLARS) SO. FLA. PALM BROWARD DADE MONROE REGION BEACH AGRICULTURE 26.6 36.5 .6 63.8 29.6 AGRI. SERV., FORESTRY, & FISH 19.3 26.5 1.2 46.9 21.7 MINING 6.3 15.4 .0 21.7 1.3 CONSTRUCTION 802.8 1152.7 38.8 1994.3 444.3 MANUFACTURING 198.3 490.5 1.0 689.8 73.4 TRANSPORT. & PUBLIC UTILITIES 76.0 1166.4 6.5 1248.8 106.9 WHOLESALE 156.6 887.4 6.5 1050.6 115.3 RETAIL TRADE 1092.1 2616.8 66.6 3775.4 545.8 FINANCE, INS., & REAL ESTATE 662.3 14875.7 19.5 15557.4 349.4 SERVICES 1336.1 12421.4 57.5 13815.0 699.8 GOVERNMENT 69.2 180.8 2.8 252.8 37.1 ADMIN. AUXILIARY .0 .0 .0 .0 .0 TOTAL 4445.4 33870.1 201.0 38516.6 2424.7 l� 8 92- 609 ` D. VALUE ADDED (IN THOUSANDS OF 1982 DOLLARS) SO. FLA, PALM BROWARD DADE MONROE REGION BEACH AGRICULTURE 58.5 80.4 1.4 140.3 6S.1 AGRI. SERV., FORESTRY, & FISH 27.9 38.3 1.7 67.8 31.4 MINING 18.6 45.5 .0 64.0 3.9 CONSTRUCTION 943.4 1354.5 45.6 2343.5 522.1 MANUFACTURING 312.1 771.9 1.6 1085.6 115.5 TRANSPORT. & PUBLIC UTILITIES 186.4 2860.7 15.8 3042.9 262.1 WHOLESALE 258.9 1467.2 10.8 1736.9 190.7 RETAIL TRADE 1732.2 4157.8 105.6 5995.6 865.8 FINANCE, INS., & REAL ESTATE 2889.5 62648.7 84.9 65623.2 1524.6 SERVICES 2237.1 20141.7 96.3 22475.1 1171.8 GOVERNMENT 93.8 245.3 3.8 342.9 50.3 ADMIN. AUXILIARY .0 .0 .0 .0 .0 TOTAL 8758.3 93B12.0 367.5 102937.8 4803.2 SOURCE: ADA, SFRPC 3. Fiscal Impact The applicant estimates that the combined residential and non-residential components of the project will have a direct fiscal impact of approximately $19.0 million during the construction phase, and approximately $13.2 million yearly thereafter. These direct fiscal impacts, which would result from the growth in ad valorem taxes, sales and gasoline taxes and the payment of fees and assessments, are summarized in Table 4 below. The table does not include the applicant's transportation fair share contribution. TABLE 4 DIRECT FISCAL BOAC17S (thousands of 1991 dollars) REVENUE GENERATION SUMMARY FOR INCREMENT II Revenues During Construction Annual Impact Tax Increment District Trust Fund 16,195 Impact Fees 11284 DRI Supplemental Fees 826 Building, Zoning & Miscellaneous Fees 700 Ad Valorem Tax Receipts 8,548 Sales Tax 4,027 Gasoline Taxes 665 TOTAL 19,005 13,240 SOURCE ADA �V 92- 609 9 4. Affordable Housing The Department of Housing and Urban Development (HUD) defined the Fiscal Year 1991 median family income in Dade County to be $38,000. Therefore, households earning less than $19,000 were considered very low income and households with incomes between $19,000 and $30,400 were considered low income households. Following the "Draft Housing Demand, Supply and Need Methodology" dated April 24,1991, issued by the Florida Department of Community Affairs (DCA), the projected permanent jobs to be generated by non-residential development have been distributed into HUD's very low income and low income categories (see Table 5, below). Considering the average number of wage earners per family (1.79) and the percentage of single -worker families (37.5) in Dade County, a total of 179 very low income residential units and 127 low income units would be required during Increment II to accommodate very low income and low income families attracted to the proposed development by new jobs. Table 5 also presents the limits for the purchase price and the monthly rental cost (including utilities) for housing to be affordable to both very low income and low income families. These limits are based upon the purchase cost being no greater than 2.5 times the annual family income and the monthly rental cost being no more than 30 percent of the monthly family income. TABLE 5 SUMMARY OF AFFORDABLE HOUSING NEED ANALYSIS Items Very Low Income Low Income HUD Income Ranees (Dade,1991 Annual Family Income Up to $19,000 $19,001 to $30,400 Purchase Price of Affordable Units Up to $47,500 $47,501 to $76,000 Monthly Rental Cost of Affordable Units Up to $475 $476 to $760 Demand for Housing Project Permanent Employees Generated 859 609 Project Demand by Single -Worker Employee Families 179 127 15 % of Families 27 19 SOURCE: ADA, SFRPC In recognition of the need for affordable housing in downtown Miami and the impacts of the non-residential component of this project on the demand for affordable housing, the applicant has developed a broad strategy to promote the provision of affordable housing in the project area. This strategy views the DRI as an opportunity for increasing the availability of affordable housing to those who work in downtown. Evidence of this commitment is provided by the residential development undertaken in Increment I of the project, which currently is underway. Increment I has a smaller amount of non-residential development than Increment II, and consequently a smaller impact on employment generation. Goal 5.1 of the Regional Plan for South Florida specifies to meet 15 percent of the low and moderate income housing needs by 1995. Staff analysis indicates that the number of affordable units provided through the residential component of Increment I development is more than the demand of 15 percent of the single -worker employee families anticipated by the non-residential development in both Increments I and U. The following highlights indicate the efforts to provide affordable housing to date in the project. 10 92- 609 Biscayne View Apartments - 463 rental apartment units built; 244 units leased; 93 of the leased units occupied by families or persons with very low incomes; 20 percent of the units reserved for low and moderate income families (Urban Development Action Grant funds). Arena Towers Apartments - 356 rental apartment units built, 296 units leased, 8 of the leased units occupied by low and very low income families; participant in the Metro -Dade County Section 8 Existing Program; 20 percent of the units reserved for low and moderate income fainilies (Urban Development Action Grant funds). Poinciana Village Condominium - 40 condominium units built, 23 units occupied by homeowners; participant in Dade County's Documentary Stamp Second Mortgage Program. The City of Miami Multifamily Housing Rehabilitation Program - a total of 353 multifamily housing units have been rehabilitated within the DRI, at a cost of $4.4 million, of which $2.4 million from the city; participant in the City of Miami Section 8 Rehabilitation Program. St. John Community Development Corporation - 35 new multifamily housing units to be occupied by very low income persons or families, with a grant of $365,000 from the city, recipient of $1 million in Metro -Dade County Documentary Surtax Funds; participant in the federal Low Income Housing Tax Credit Program. The city proposes to continue to promote affordable housing opportunities in the remainder of the residential development in subsequent phases of the project. C. PUBLIC FAC'ILMES 1. Water. Wastewater, and Solid Waste Table 6 summarizes the project's impact on water, wastewater, and solid waste. TABLE 6 WATER, WASTEWATER, AND SOLID WASTE Public Average Peak Available Facie Demand Demand Source CalRacity Potable 0.56 1.12 Metro -Dade Yes Water MGD MGD WASAD Wastewater 0.4519 0.9038 Metro -Dade Yes MGD MGD WASAD Solid Waste 24.589 - Metro -Dade Yes TPD MGD = Million Gallons Per Day TPD =Tons per Day !�� SOURCE: ADA 11 9 2 - 609 t 2. Police, Fire, and Emer envy Medical Service Police and fire (including emergency medical) services will be provided to Southeast Overtown/Park West by the City of Miami Police Department and the City of Miami Fire Department. Two police facilities (one north and one south of the project area) and two fire facilities (both north of the project area) will serve the development. All of these facilities are located less than one-half mile from the project area. An additional 12 officers will be required in order to provide police services to the project. Funds for capital expenditures needed for the supplement of personnel will be provided from impact fees. The Fire Department does not indicate that additional fire fighting services will be required in order to properly serve the project. Personnel may need to be added depending on the level of emergency medical service demand outside the project area. Yet the Fire Department has no plans to add personnel. 3. Health Care Residents of Southeast Overtown/Park West will require both hospital and primary care services. The Health Council of South Florida has acknowledged that health care providers have capacity to meet the health -related demand of the residents of the project. The project is located within 2 miles of Civic Center which is the medical center for the metropolitan region. Located within Civic Center are Jackson Memorial Hospital and Cedars Medical Center. Jackson is currently operating at 57.4 percent of licensed capacity and Cedars is operating at 45.1 percent of licensed capacity. Primary care will be provided for residents of the development at numerous locations adjacent to the project. A new primary care center is planned to be located within the project at 1600 NW 3rd Avenue (one block north of the project area). These services will augment the many physicians practicing in the Miami central business district adjacent to the development. D. TRANSPORTATION 1. Existing Traffic The traffic impact area is generally bounded by North 79th Street on the north, Biscayne Bay on the south, Alton Road on the east, and west 42nd Avenue on the west (Figure 3). The adopted comprehensive plan for the City of Miami generally uses Level of Service (LOS) "E" as the standard. Of the 77 segments studied, five segments currently operate below LOS "E" during the afternoon peak hour. 2. Future Background Traffic Impacts a. Programmed Improvements Nine roadway improvements are programmed within the traffic impact area. Most improvements are currently underway. 92- � 609 u ay- b. Traffic Growth and Committed Developments The future condition traffic growth analysis was completed using Florida Standard Urban Transportation Model Structure (FSUTMS). The Year 2000 socio-economic data for each traffic analysis zone (TAZ) within the study area of the project was adjusted as necessary to obtain an accurate representation of existing and committed developments. The Year 2,000 network was also checked against the existing network and programmed ,improvements for accuracy. 3. Project Traffic Impacts Project traffic was generated by the FSUTMS Model for each component of the project based on employment data. Due to the significant opportunities of the project site to access the transit system (Metrorail, Metromover and Metrobus), an estimated 20% transit modal split is used in the analysis. At buildout, the project will generate approximately 1,364 external PM peak -hour trips (Table 7). TABLE 7 PROJECT TRIP GENERATION Land Use Magnitude PM Peak Hour Tries Office 337,000 SF 302 Commercial 71,700 SF 293 Hotel 500 Rm. 210 Residential 2,000 DU 469 Attraction/Recreation 8,000 Seats 90 TOTAL SOURCE: ADA 1,364 4. Additional Improvements Needed to Accommodate Proiect Traffic At project buildout, there will be six roadway segments that operate below LOS "E" and that carry a significant amount of project trips. Table 8 identifies the recommended improvements, improvement costs, and the applicant's proportional share of the improvement costs. The total proportional share assessment for the recommended improvements within the project's traffic impact area is $472,852 (1992 dollars). Since most roadways impacted by the project are constrained roadways which could not be expanded, improvement to the parallel roadway facilities to relieve congestion is recommended. This includes a new four lane construction of NW 1st Avenue from NW loth Street to NW 14th Street with an estimated improvement cost of $1,734,011 (1992 dollars). Condition 4 contained in Part V of this report specifies the applicant's obligation toward roadway improvements in order to address impacts to the regional roadway network 0 13 92-- 609 TABLE 8 RECOMMENDED TRANSPORTATION UVOROVEMENTS Improvement Applicant's Proportional Recommended Improvement Cost Share.. . NW 5th Street $ridge from NW 7th Avenue $3,129,750 to NW Sth Avenue: a six -lane movable span bridge NW 2nd Avenue from NW 8th Street 2,368,735 to NW 14th Street: Add 2lanes US Ifrom NE 10th Street 1,373,391 to NE 11th Terrace: Add 2lanes US 1 from NE 11th Terrace 501,463 to NE 12th Street: Add 3 lanes US 1 from NE 12th Street 1,281,516 to NE 15th Street: Add 2lanes NE Ist Avenue/1-395 on -ramp: 16,050 Provide directional signage to more efficiently utilize northern on -ramp US I/NE Sth Street: 411,950 Restripe northbound flu -Wright turn lane to northbound thru lane, add northbound right -turn lane (including signal modification) $82,938 2,28,346 58,094 22,716 58,053 4,778 12,029 NE 1st Avenue/NE Sth Street: 32,100 4,954 Restripe northbound thrWright turn lane to northbound thru lane, restripe parldng lane to northbound right -turn lane NE 2nd Avenue/NE 5th Street: 16,050 944 Restripe eastbound thrubight-turn lane to eastbound right -turn lane SOUTH FLORIDA REGIONAL PLANNING COUNCIL TRAFFIC IMPACT AREA TRAFFIC IMPACT AREA ••••• ROADWAY UWS qq 9 0 S.E.OVERTOWN/A WA' REDEVELOPMENT AREA Source: ADA WEST ' EA. FIGURE 3 NOT TO SCALE PART III - COMMENTS PROM OTHER REVIEWING AGENCIES This section contains comments sent to the Council by other agencies reviewing Southeast OvertownMark West - increment 11 Application for Development Approval. 92- 609 16 Li 0 South Florida ''Water Management District 3301 Gun Club Road • P.O. Box 24680 • West Palm Beach. FL 33416.4680 0 (407) 6864M a FL WATS 1.800.432.2b4: LAN 01 July 1, 1992 Mr. Rob Curtis, DRI Coordinator South Florida Regional Planning Council 3440 Hollywood Blvd., Suite 140 Hollywood,, FL 33021 Dear£-ttrto��-01: r amp-m VPCQ JUL-0 6 1M Subject: DRI No. 91-375, Southeast Overtown/Park West Areawide Increment II (Dade County) Enclosed is a copy of the District's Impact Assessment Report for the above subject project. This report is a general technical assessment of the project based on information provided by the applicant and does not constitute final finding agency action. We appreciate the opportunity to participate in the review process. If you should have any questions regarding this assessment, please feel free to contact me at the above -listed phone number, Extension 6862. Sincerely, James J. Golden Senior Review Coordinator Regulation Department JJG/dj Enclosure c: Mr. Herbert J. Bailey, Asst. City Manager., City of Miami 92609 co►-r t,rW Boa, Allan Mtliedge. Chairman . Miami James E. Nall . Fort Lauderdale Leah G. Schad • West Palm Bc ' h Titford C. Creel. Executive Director Valerie Boyd, Vice Chairman • Naples Annie Betancourt • Miami Frank Williamson. Jr. • Okeeci— oce Thomas K. MacVicar,DeputyExecutive Din. Knn Ac4j%—..\1'ee. r IMPACT ASSESSMENT REPORT Prepared by South Florida Water Management District I PROJECT SUMMARY Project: Developer: SFWMD ID No: Location: Size: Existing Land Use: Proposed Land Use: Residential: Office: Commercial: Hotel: Attractions: DRI Threshold: Issued July 1, 1992 Southeast Overtown/Park West Areawide Increment II City of Miami 91-375 (original ID No. 87-253) Section 36 & 37/Township 53/Range 41 East, Dade County +209.38 acres Urban Development Mixed Use Urban Redevelopment 2,000 dwelling units 337,000 square feet 71,700 square feet 500 rooms 8,000 seats Areawide DRI (no minimum thresholds) II GENERAL PROJECT -RELATED INFORMATION The Southeast Overtown/Park West Areawide DRI encompasses a 210 acre area north of downtown Miami. It is bordered by Interstate 395 on the north, Biscayne Boulevard (U.S. Hwy. 1) on the east, Northwest 5th Street on the south, and Interstate 95 on the west (see Exhibit 1). The Increment II development program includes the provision of 2,000 residential dwelling units, 337,000 square feet of office floor area, 71,700 square feet of commercial floor area, 500 hotel rooms, and 8,000 attraction seats. Development of this Increment is scheduled to occur between 1992 and 1999. III POTENTIAL FOR ADVERSE REGIONAL IMPACTS SUMMARY Category Minimal Significant Maior Surface Water Management - Quantity X Surface Water Management - Quality X Water -Related Vegetation/Wildlife N/A Water Use X a is 92— 609 IV CONCLUSIONS AND RECOMMENDATIONS In reviewing the available information, District staff has concluded that the Southeast Overtown/Park West Areawide Increment II DRI could be developed in such a manner that regional adverse water resource -related impacts would not be likely to occur with regard to surface water management quantity and quality, water use, and water -related vegetation/wildlife. Surface Water Management Individual developments proposed within the boundaries of the Areawide DRI must meet the permitting requirements of the District, the Florida Department of Environmental Regulation and/or the Dade County Department of Environmental Resources Management. No adverse water resource -related impacts are expected to occur from this DRI. On the contrary, it is anticipated that the quality of stormwater runoff into Biscayne Bay will improve. Water -related Vegetation/Wildlife No wetlands or other environmentally sensitive lands exist within the project boundaries. No adverse water resource -related impacts are expected to occur ag a result of this DRI. On this basis, the Environment checklist and footnotes have been deleted from this report. Water Use Potable water supply will continue to be provided by the Miami -Dade Water and . Sewer Authority. At this time, the utility has an adequate permitted allocation to meet the demands of the Increment II development. The utility will also supply the project's non -potable landscape irrigation demands. For additional details concerning the above, see the Water Supply and Development checklist and footnotes on pages 4 and 5. The District is recommending Development Order Conditions (see page 3) requiring that specific conservation measures be incorporated into the project design. Permits This project will require the following permits prior to commencement of construction: 1. Surface Water Management Permit - Due to the anticipated size of the individual developments likely to be proposed, these projects will qualify for a General Permit, pursuant to Chapter 40E-40.302 (1) and (2), F.A.C. Although this permit is issued by the Dade County Department of Environmental Resources Management (DERM), the proposed surface water management system design must be consistent with District criteria. Projects that qualify for a General Permit must have less than 40 acres total land area with positive stormwater outfall or less than 320 acres total land area and less than 160 acres of impervious area with no positive stormwater outfall. Projects which exceed the above criteria must obtain an Individual Permit from the District. 2. Water Use Permit - for any proposed dewatering activities associated with the construction of project lakes and/or road or building foundations (see Section V, Disclaimer, second paragraph, for additional information concerning pending revisions to the District's water use permitting criteria). The applicant must provide verification that the proposed system designs will meet District criteria in effect at the time of permit application. Recommended Development Order Conditions 1. For the purpose of potable water conservation, Southeast Overtown/Park Areawide Increment II shall utilize low water use plumbing fixtures, self - closing and/or metered water faucets, and other water conserving devices. 2. For the purpose of non -potable water conservation, Southeast Overtown/Park Areawide Increment II shall utilize xeriscape principles in the design of the project's landscaping. V DISCLAIMER This review has been performed by South Florida Water Management District to provide the South Florida Regional Planning Council with a general technical assessment of the water -related impacts of this project from the District's perspective. It is a technical review of the project based on the information provided by the DRI applicant. It is not a permit under Chapter 373, F.S., nor is it a commitment for said permits. This review does not constitute final agency action and it is not binding on this agency. Permit evaluation, pursuant to Chapter 373, F.S., will be based upon the criteria in effect and the information available at the time of permit application. Consequently, the applicant is advised that this could result in a change in the District's technical assessment from that which is contained in this review. The review of the water supply section of this ADA has been based on current regulatory criteria regarding water use permits in the South Florida Water Management District. Please be advised that the existing "Basis of Review for Water Use Permit Applications in the South Florida Water Management District" is currently being revised to incorporate recent policy changes regarding urban and irrigation demand management elements. Certain provisions under the new criteria, particularly with regard to reclaimed water use and water conservation, may influence future permitting requirements for this project. Please be advised that the water supply aspects of the project must meet the water use permitting criteria in effect at the time of permit application. 92- 609 c5*/ 20 SUBJECT: WATER SUPPLY AND DEVELOPMENT - Southeast Overtown/Park Areawide Increment II,_ DRI No. 91-375 Proposed Potable Water Source: Miami -Dade Water and Sewer Authority Permit No.: 13-00037-W Expiration Date: 03/14/98 Permitted Allocation: 164.93 MGD Current Usage: 152.58 MGD (Average day for 12 months **************************) Projected Demand of DRI: 1.55 MGD (1) Proposed Non -Potable Water Source: Potable water from utility (2) Projected Demand of DRI: 1.55 MGD (1) JACCEPTABLE I I I RESPONSE RESOLVABLE I MAJOR I IN AT PERMIT TIME IREGIONALI IAPPLICATIONI MINORL_MAJOR I ISSUES I A. II. WATER USE IMPACTS A. B. OFF -SITE 1. Verification of Availability FOOTNOTES: See following page. WATER SUPPLY AND DEVELOPMENT FOOTNOTES: (1) The 1.55 MGD figure includes both potable and non -potable water demands. The applicant did not separate the non -potable demand from the potable demand because specific site plans for each increment have not yet been developed. Due to the use of xeriscape landscaping techniques, the non - potable water demand is expected to be minimal. The project site is underlain by saline water. Therefore, the development of an on -site groundwater source to meet non -potable water demands is strongly discouraged. The use of potable water to meet non -potable demands is considered to be reasonable -beneficial in this particular instance. (2) All potable water needs will be met by utilizing potable water supplied by the Miami -Dade Water and Sewer Authority. Cr r SUBJECT: SURFACE WATER MANAGEMENT - Southeast Overt ` Increment II, Drainage Basin: Coastal Receiving Body: Biscayne Bay & Biscayne Aquifer A. QUANTITY CONSIDERATIONS 1. Discharge method, location Park Areawide - Nn . 41 _17; JACCEPTABLE I I I RESPONSE RESOLVABLE I MAJOR I IN AT PERMIT TIME IREGIONALI IAPPLICATIONI MINOR I MAJOR i ISSUES I and route to receiving water I X I I I 2. Floodplain encroachment I N/A I I I 3. Net basin storage I N/A I I I 4. Stage/storage I N/A I I I 5. Control elevations I N/A I I I 6. Water management areas I I X(1) I I 7. Minimum drainage I N/A I I i 8. Overdrainage 1 N/A I I 9. Outparcels I N/A I I 10. Exfiltration I X I I I 11. Floor and road protection I X I I I 12. Passage of upstream flows I X I I I __ 13. Capacity of receiving water (pre vs. post) I X I I i B. QUALITY CONSIDERATIONS 1. Standard BMP's I X I I I 2. Special BMP's a. Sensitive receiving waters I X I I I I b. On -site use of wastewater I N/A I I I c. Location of on -site percolation ponds I N/A I I I d. Proximity of on -site perco- lation ponds to SWM system I N/A I I I 3. Use of natural system I N/A I I I 4. Hazardous materials FOOTNOTES: See following page. 92-- 609 23 SURFACE WATER MANAGEMENT FOOTNOTES: (1) Individual developments that are proposed within the boundaries of the Areawide DRI must meet the permitting requirements of the District, the Florida Department of Environmental Regulation and/or the Dade County Department of Environmental Resources Management. Details regarding the pretreatment of stormwater runoff for water quality purposes and other design details will be addressed when the applications for such permits are reviewed by these agencies. (2) The District recommends that the monitoring of groundwater and/or surface water quality be required for any industrial projects that may be proposed within the boundaries of the Areawide DRI. 92-- 609 �J 24 ,. Southeast tvertown/Park fWest DRI No'dhWest 140 Street t-95 �.395 NotthW est 5th gt�eet Boo e and EXHIBIT 1 October 1991 92- 609 25 PART IV - CONSISTENCY WITH THE REGIONAL PLAN FOR SOUTH FLORIDA Council staff has reviewed the application for consistency with the Regional Plan for South Florida. The proposed development is generally consistent with the Regional Plan, with the following serving as examples: The applicant is proposing the construction of affordable housing within the boundaries of the project. This affordable housing will be readily accessible to the Miami central business district and be served by Metrorail and Metromover. This is consistent with Goal 5.1 and Policy 5.1.1 which call for a reduction in the need for affordable housing and the development of affordable housing readily accessible to employment centers and public transportation facilities. The project is located in an area with an existing infrastructure network which has capacity. This is consistent with Goat 16.2 and Policy 16.2.2 which emphasize the desire to direct development and redevelopment to areas where public facilities exist. The project redevelopment program will encourage public and private investment in downtown Miami. This is consistent with Goal 17.1 and Policy 17.1.2 which urge investment in downtown areas. Staff comparison of the proposed development vis-a-vis the Regional Plan for South Florida indicates that the proposal is generally consistent with the Regional Plan. 92- 609 3� PART V • SUMMARY AND RECOMMENDATIONS Summary The Development of Regional Impact Assessment for the Southeast Overtown/Park West - Increment It development indicates that the project would have the following positive regional impacts. • Generate a total of approximately 2,926 new jobs in the three south Florida counties. • Increase the regional economy's annual value-added by about $102.9 million. Council evaluation indicates that the proposed project should not create adverse impacts on soils, animal life, or vegetation, However, in terms of adverse regional impact, the project would: • Produce an average potable water demand of 0.56 MGD. • Produce an average wastewater demand of 0.4519 MGD. Produce an average of 24.6 tons per day of solid waste. • Produce 1,364 p.m. peak hour trips. Recommendations Based on consideration of the above specified positive and negative impacts, it is the recommendation of the Council to the City of Miami Commission that the Application for Development Approval for the Southeast Overtown/Park West - Increment II DRI be APPROVED subject to incorporation of the following conditions into the development order to increase the probability of realizing positive regional impacts and mitigating, reducing, or eliminating adverse regional impacts. THE QTY SHALL: 1. Incorporate the following into the project design and operation to minimize the cumulative adverse regional impact of the project, its traffic and associated pollutant emissions on air quality: a. Actively encourage and promote ridesharing by establishing a car and van pool information program; b. Provide Dade County Transit route and schedule information in convenient locations throughout the project; including office complex lobbies and within and adjacent to retail areas; c. Encourage transit use by provision of bus shelters, development of turnout Ianes, or provision of other amenities to increase ridership; and, d. Provide on -site bicycle storage facilities to encourage use of alternative modes of transportation. 3(9 277 92- 609 2. For the purpose of water conservation, utilize low water use plumbing fixtures, self - closing and/or metered faucets, and other water conserving devices. 3. Incorporate the use of water sensors and other low water volume landscape irrigation techniques to reduce the project demand on the region's potable water supply. 4. Complete the construction of NW 1st Avenue from NW loth Street to NW 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier: a. the date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment H will generate more than a total of 818 peak -hour trip ends, as estimated based on trip rates identified in Exhibit 1 herein; b. December 31, 1998 In the event that by December 31, 1997, the necessary right-of-way for the subject improvement has not been acquired, then within 30 days, the Applicant shall request a meeting with Council staff to consider potential reallocation of the Applicant's proportional share in the amount of $472,852 (1992 dollars). Any reallocation must be consistent with applicable statutes and rules. 5. Comply with the requirements of Chapter 14, Section 14-71, Code of City of Miami, entitled Transportation Control Measures, which sets forth the peak hour trip reduction and reporting requirements for this project. 6. Conduct air quality modelling of carbon monoxide impacts. The air quality modelling shall follow Florida Department of Environmental Regulation guidelines and shall: a. Be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. Include the following intersections: NE 1st Avenue/NE 5th Street; and, NE 2nd Avenue/NE 5th Street; and, c. Be submitted by June 30,1999, in a detailed analysis to FDER and DERM for comment and review, and to the SFRPC for review and approval. 7. If the results of the air quality modelling study, as described in Condition 6, above, exceed 85 percent but less than 100 percent of the State standard for CO concentrations, submit by October 30,1999, a detailed air quality monitoring plan to FDER and DERM for review and comment and SFRPC for review and approval. Pending approval of the monitoring plan, withhold the issuance of any building permits for net new development within the subarea that show exceedences of 85 percent of the CO standard. 8. If the results of the air quality modelling study, as described in Condition 6, above, or any monitoring results pursuant to Condition 7, 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 prior to issuance of building permits for the particular ner new development. This documentation must be submitted to FDER and DUM for comment and review, and to the SFRPC for review and approval. 28 99- 609 -3� b. Withhold the issuance of any building permits for net new development within the subarea that shows CO exceedences. 9. 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 and one copy to the Department of Community Affairs within 30 days of the effective date of the 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 the development order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 10. Submit an annual report to the Council, and the Department of Community Affairs on each anniversary date of the effective date of the development. The annual report shall include, at a minimum a complete response to each question in Exhibit 2. 11. Identify in the development order any approved development, including the acreage attributable to each approved land use, open space, areas for preservation, and green belts; and the structures and improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and other major characteristics or components of the development 12. Establish the termination date for completing development as December 31, 1999, provided that the applicant, its successors, and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with s. 380.06(19)(c), F.S. 13. Establish an expiration date for the development order. 14. Establish the effective date of the development order as 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided however that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to s. 380.07(2), F.S. 15. Record, within 30 days of the effective date of the development order, notice of the adoption of the development order with the Clerk of the Dade County Circuit Court pursuant to s. 380.06(15), F.S., specifying that the development order runs with the land is binding on the applicant, its successors, and assigns, jointly or severally. 16. Meet the following state criteria for issuance of a DRI development order: a. The development order shall specify: The name of the development. 0 The authorized agent of the developer. • The name of the developer. 29 • A statement that: The Application for Development Approval (ADA) is approved, or The ADA is approved subject to conditions, specifying the conditions, or The ADA is denied, specifying the reasons for denial and changes in the development proposal, if any, that would make it eligible to receive development approval. b. Findings of fact and conclusions of law addressing whether and the extent to which: • The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area, • The development is consistent with the local land development regulations and the adopted local comprehensive plan; • The development will be consistent with the recommendations of the Council DRI Assessment pursuant to s. 380.06(14), F.S.; and, • The development makes "adequate provision for the public facilities needed to accommodate the impacts of the proposed development" or the City commits in the development order to provide these facilities consistent with the development schedule. c. A legal description of the property including acreage. 17. Designate an official to monitor compliance with all conditions of the development order and specify monitoring procedures that, at a minimum, require development order conditions to be reviewed by City of Miami prior to issuance of any local development permit. 18. Incorporate the Consolidated Application for Development Approval by reference into the development order as follows: "Ibe Consolidated Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Ch. 380, F.S., and local ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the applicant, its successors, or assigns." 19. Incorporate into the development order by reference the Council DRI Assessment for Southeast Overtown/Park West - Master and Increment II. 20. Attach copies of all exhibits referenced in the development order. 30 -� Rog - / a FJC1'ERNAL P.M. PEAK HOUR PROJECT TRIP GENERATION RATES Land Uses Trip Rates Office 0.90/1000 SF Commercial 4.09/1000 SF Hotel 0.42/Room Residential 0.235/DU AttractionJRecreation 11.25/1000 Seats SOURCE: ADA 31 92-- 609 EXHIBIT 2 FORM RPM-tSP-A4NUAL REPORT-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.06(18), Florida Statutes, places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the regional planning agency, the Department of Community Affairs, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you have any questions about this required report, call the DRI Planner at (904) 488-4925. Send the original completed annual report to the designated local government official stated in the development order with one copy to each of the following: a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Division of Resource Planning and Management Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 32 99- 669 0�s Format your Annual Status Report after the format example provided below. ANNUAL 6TATUS REPORT Reporting period: to Month/Day/Year Month/Day/Year Development: Name of DRI Location: City County Developer: Name: Company Name Address: Street Location City, State, Zip 1. Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Develop- ment of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit A a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; 92- 609 33 c) Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), F.S. Z) Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new Development of Regional Impact development order for the project? Provide a copy of the order adopted by the annexing local government. 3) Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. 4) Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total ofdevelopment proposed and actually conducted to date. Example: Number of dwelling units constructed, site improve- ments, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. 5) Have any undeveloped tracts of land in the development (other than individual single-family lots) been sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: If a response is to be more than one sentence, attach as Exhibit D. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. 34 32- 609 , 7� T � 7) List any substantial local, state, and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. NOTE: If a response is to be snore than one sentence, attach as Exhibit F. 8) Provide a list specifying each development order condition and each developer commitment as Contained in the ADA and state how and when each condition or commitment has been complied with during the annual report reporting period. NOTE: Attach as Exhibit G. 9) Provide any information that is specifically required by the development order to be included in the annual report. 10) Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(15),and (18), F.S. Person completing the questionnaire: Title: Representing: 92- 608 /_ 35 7- Tt� Df ffitarat tin MATTY HIRAI i. 3 CESAR H. ODIO Y g City Clerk a • City Manager December 1, 1992 Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-6079 92-606, AND 92-609 Dear Ms. Shelley: On October 16, 1992, our office transmitted to you copies of the above -cited City of Miami resolutions, which have now been amended to correct scrivener's errors as explained in memorandum from A. Quinn Jones, III, City Attorney (copy enclosed). Please substitute the attached corrected documents for the ones previously sent to you. If you have any questions, please call. ,Pelpectfully submitted, Watirai City Clerk MH:sl ENC: a/s MATTY HIRAI r ; CESAR H. ODIO City Clerk lilt" it City Manager December 1, 1992 Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-607, 92-608, AND 92-609 Dear Ms. Dekle: On October 16, 1992, our office transmitted to you copies of the above -cited City of Miami resolutions, which have now been amended to correct scrivener's errors as explained in memorandum from A. Quinn Jones, III, City Attorney (copy enclosed). Please substitute the attached corrected documents for the ones previously sent to you. If you have any questions, please call. *Rect,fullly submitted, irai City Clerk MH:sl ENC: a/s OFFICE OF THE CITY CLERK/= Pan American DriveR.O. Box 3307M/Miami, Florida 33233-0708/(305) 250.5360 TO: Matty Hirai City Clerk FROM : "! A. Q inn es, III City At o ey CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : November 23, 1992 FILE : SUEUECT : Scrivener' s Errors REFERENCES: ENCLOSURES: On September 24, 1992 the City following Resolutions and an Exhibit contained typographical errors in their Commission ::adopted tW to a Resolution 44rhi'sh texts: cn 1. Resolution No. 92-607 2. Resolution No. 92-608 3. Resolution No. 92-609 - Exhibit A Enclosed herewith are the corrected Resolutions and Exhibit. Specifically, the Resolutions were corrected in the following particulars: I. Resolution No. 92-607 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 2. Resolution No. 92-608 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 3. Resolution No. 92-609 (Exhibit A) - On Page 4 the references in the definition of CADA or Consolidated Application for Development Approval were changed from paragraph 17 on page 23 to paragraph 9 on Pave 15. On Page 6 the reference in the definition of Project was changed from Page 1 to Page 3. Also, on Page 6, the reference in the definition of Project Area was changed from Page 6 to Page 1-2. On Page 10, the date August, 1992 was inadvertently left out. 01 #� CITY OF MIAMI, FLOAIDA INTER -OFFICE MEMORANDUM TO: Natty Hirai City Clerk FROM A. Ii2 inn &ey I City At o On September 24, following Resolutions contained typographical 1. Resolution No. 2. Resolution No. 3. Resolution No. DATE : November 23, 1992 FILE : SUBJECT: Scrivener' s Errors REFERENCES: ENCLOSURES r N 1992 the City Commission ridoptedm tR ,�sot and an Exhibit to a Resolution hiehi errors in their texts: cn 92-607 92-608 92-609 - Exhibit A Enclosed herewith are the corrected Resolutions and Exhibit. Specifically, the Resolutions were corrected in the following particulars: 1. Resolution No. 92-607 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 2. Resolution No. 92-608 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 3. Resolution No. 92-609 (Exhibit A) - On Page 4 the references in the definition of CADA or Consolidated Application for Development Approval were changed from paragraph 17 on page 23 to paragraph 9 on Page 15. On Page 6 the reference in the definition of Project was changed from Page 1 to Page 3. Also, on Page 6, the reference in the definition of Project Area was changed from Page 6 to Page 1-2. On Page 10, the date August, 1992 was inadvertently left out. Matty Hirai November 23, 1992 City Clerk Page 2 This office reviewed the changes and determined that they were insubstantial, therefore, the Resolutions do not require further review by the City Commission. Accordingly, I'am hereby requesting the execution of the corrected Resolutions and the substitution of Exhibit A (Resolution No. 92-609) as quickly as possible so that they may be forwarded to the Florida Regional Planning Council and the Florida Department of Community Affairs. Thank you for your cooperation in this matter. AQJ/LKK/pb/P790 Enclosures MATI'Y HIRAI City Clerk October 16, 1992 Ms. Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 CESAR H. 0010 City Manager RE: SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT Dear Ms. Dekle: The City of Miami Commission, at its meeting of September 24, 1992, passed and adopted Resolution No. 92-609, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. Rptectfully submitted, NATTY HIRAI City Clerk MH:vg Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive&.0. Box 3307WMiaml, "odds 33233470!/(305) ZW$M I� titu of t�tmt MATTY HIRAI City Clerk A Gntli lim t'' 'GE rn FLOP October 16, 1992 Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 CESAR H. CIDIO City Manager RE: SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT Dear Ms. Shelley: The City of Miami Commission, at its meeting of September 24, 1992, passed and adopted Resolution No. 92-609, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. Rozectfully submitted, WTY HIRAI City C1 erk MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330?WMiami, Florida 33233-0706/(305) 260 SM EXHIBIT A ATTACHMENT TO RESOLUTION NO. 92- SEPTEMBER 24, 1992 SOUTHEAST OVERTOWN-PARK WEST INCREMENT II DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT Let it be kn that pursuant to Section 380.06, Florida Statutes, the Co fission of the City of Miami, Florida, has considered in a pu is hearing held on September 24, 1992, the issuance of a Major a Special Permit for Increment II of the Southeast Overtown-Park West development, pursuant to Zoning Ordinance 11000 to be loca which include N.W. 5th 395 on the north, and Biscayne in the City of Miami, boundaries of on the south, I-95 on the west, I- on the east Beginning at a point\or intersection of the center line of N. Street; thence west on the center liN.E. 5th Street (and N.W. 5th Street) east ROW line of I-95; thence northwesn the east ROW line of I-95 to the soline of I-395; thence easterly on the OW line of I- 395 to the center line yne Boulevard to the point of begic prising +�- 209.38 acres more or l Blocks 2N, 3N, 4N, 5N, 6N, 7N, 14N, 15N, 17N, 18N, 19N, 20N, 21N, 22N, 23N, 24N, 5N, 34N, 35N, 36N, 37N, 38N, 39N, 40N, 41N, 4 , 43N, 44N, 45N, 55N, 56N, 57N, 58N, 59N, 60 61N, 62N, 65N, 65E, 66N, a portion of 27N, a all existing street rights -of -way between aid blocks; Section 37, Township 53 South, R ge 41 East, A.L. Knowlton Map of Miami (B-4 and Blocks 7, 8, 9, 10, 19, 20, 21, portio of blocks 6, 11, 16, and all existing street - 1 - 92-- 609 lip 2 -q- gz- ights-of-way between said blocks; Section Township 53 South, Range 41 East, Alice Ba dwin, Jenny M., and Charles E. Oxar Sub ivision A-57 Amended (B-87); and Blocks 2, 9, 10, 11, a portion of block 3, and all isting street rights -of -way between said b ocks; Section 36, Township 53, Range 41 East Sosts Subdivision (B-27); and Blocks 1, 8, a all existing street rights -of -way between s d blocks; Section 36, Township 53, Range 41 at, Perry Division (B-163); and Greyhound enter (77-98); Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map f Miami (B-41); and Block 46N, Section 37, To ship 53 South, Range 41 East, G.G. Bolles (1- ) ; and Blocks 16N, 26N, and all existing s eet rights -of -way between said blocks; S37, ownship 53, Range 41 East, P.W. White Re-Subd vision (B-34); and Blocks 59N, 60N, and all a isting street rights -of - way between said bloc s, Section 37, Township 53, Range 41 East, ami South Half -Blocks (1-185); and RTY SEC C, S 3-172, J.A. Danns Sub 7-36 Blocks C and Howard Johnson Sub 79-87, Jones Resub 3 176, Section 370, Township 53 South, Ran 41 East, A.L. Knowlton Map of Miami ( -41). (Further described in the survey subm tted pursuant to the application for Majo Use Special Permit). ALL OF THE FOREGOING SUBJ T TO any dedications, limitations, r trictions, reservations or easements of recor • NAME OF DEVELOPMENT: The Southeast Overtown/Par% West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami AUTHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assisthpt City Manager and Sergio Rodriguez, Assistant City Manager, or their successors. 4r^44.*�. 17 • - 2 - 92- 609 /riaw I 1 \EDTION: The project consists of development in the own/Park West Community Redevelopment Area through including the following land uses and incrementss rement I Increment II Increment III Totals 88-1997) (1992-1999) (1999-2007) Of f ice (98f) 1 6,000 337,000 500,500 1,003,500 Commercial (gsf) 95,4 71,700 90,600 257,700 Hotel (rooms) 0 500 600 1,100 Residential (units) 2,000 2,000 5,000 9,000 Attractions (seats) 8,000 ,000 0 16,000 Pursuant to F.S. 380.06(22) (1991), he Project specifies the total amount of development planned for ach land use category, but provides flexibility for such devel nt to be located anywhere within the Project Area, subjec to local land development regulations. The Project Area inclu s all property within the boundaries of the Southeast Overt o /Park West Community Redevelopment Area, designated in 198 by City Commission Resolution No. 82-755, as illustrated in E ibit 1 attached hereto and described in the legal description above - 3 - 92- 609 2 b INITIONSt For purposes of this Development Order, the fol wing terms shall be defined as followst ADA orApplication for Development Approvalt The original Applicati for Development Approval for Southeast Overtown/Park West filed the City of Miami on February 6, 1987, pursuant to F.S. 380.06 (1 7). CADA OR Consolid_abec revised ADA prepared -tificate of t partial Certificate of Oc of the South Florida Buil as defined herein. ation for Development Approval: The �t to paragraph 17 on page 23 herein. s A permanent or temporary and/or ancy issued, pursuant to Section 307 ing Code, for any "Net New Development" City: The City of Miami, Florida. Council: The South Florida Regional Phnning Council. DERM: The Metropolitan Dade County Depa ent of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land es included within Total Allowable Development, as measured by squ a footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. -44 - 4 - 92-- 609 ftlor use. Special permits A special permit issued by the City C as pursuant to Ordinance 11000, the Zoning Ordinance of the C y of Miami, as amended. Net New Nvelopments Any construction or reconstruction which will result n a net increase, within any "Parcel of Land", of residential welling units, hotel rooms, seats in attractions/recre Lion facilities or gross square footage for office, governmen office, retail/service, convention, wholesale/industrial institutional uses. Land uses to be removed by demolition of\Order or structure may be credited against the proposed nefor purposes of calculating the net increase, if theirector determines that there was a valid Certificatecy existing on the effective date of this Developmfor the land uses to be demolished. If a change of land us is proposed, the Planning Director may credit the prior land use ainst the proposed land use based upon equivalent impacts as asured by peak hour vehicle trip generation. Any activity which as on the effective date of this Development Order a valid build g permit or any currently effective development order shall not included as Net New Development. The Planning Director may exc de from Net New Development any small development under 10,000 squa a feet in floor area, if he finds that such development would ave no regional impact as measured by peak hour vehicle trips. 5 _ 92- 609 ------------------ rcel of Lands Any quantity of land capable of being described wit such definiteness that its location and boundaries may be estab shed, and which is designated by its owner or developer as land to used or developed as a unit or which has been used or developed a unit. Projects That roject described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Areas The a a included within the legal description on page 6. (The area bou ed by I-395, I-95 , N.W. 5th Street and Biscayne Boulevard.) Total Allowable Developments \which f Net New Development for which Certificates of Occussued under the terms and conditions of this Deve, together with the applicable Master Development be modified pursuant to F.S. 380.06(19) (1991), al be measured by the following land uses: Office (sq.ft. ) Retail/Service (sq. ft.) Hotel (rooms) ` Residential (units) Attractions (seats) 337,000 ,700 00 ,, 00 8,000 oil The City may permit simultaneous increases and decreases above described land use categories, provided that the 3 od the n #, 92- 609 \oonal f the land uses as changed will. not exceed the adverse impacts of the land usesin Increment 11 of the Project ally approved, as measured by total peak hour vehicle FINDINGS OF FACT The follo ing findings of fact are hereby confirmed and adopted with res t to the Project: A. The findings a d determinations of fact set forth in the recitals of the esolution to this Development Order are hereby confirmed. B. The real property whi is the subject of this Development Order is legally descri above. C. The City of Miami filed th ADA with the City, the Council, and the Florida Department of ommunity Affairs. D. The CADA has been filed by the City of Miami pursuant to F.S. 380.06(22) (1991) authorizi the City of Miami to apply for development approval and eceive a development order for any or all of the area with its jurisdiction. Individual developments are not identifie or required to be identified in the CADA. The Consolidated pplication for Development Approval is incorporated herein by eference and relied upon by the parties in discharging thei statutory duties under Ch. 380 F.S. and local ordinances. S tantial compliance with the representations contained i the Application for Development Approval is a condition or 444 9 2- 609 F proval unless waived or modified by agreement among the Ci the South Florida Regional Planning Council, and the appli ant, its successors, or assigns. S. The pu se of the CADA is to identify and assess probable regional pacts and to obtain approval for Total Allowable Development n accordance with the general guidelines set forth in this velopment order and the CADA. The concept is to recognize he Project Area as a single area of high intensity developm t and to focus the DRI review process primarily on the 3m acts the Total Allowable Development within the area will ve on land, water, transportation, environmental, communit services, energy and other resources and systems of r ional significance. The CADA seeks a single DRI review rocess for overall phased development of the Southeast rtown/Park West Community Redevelopment Area rather than re 'ring each individual DRI scale development within the down t wn area to file for separate DRI reviews. F. Development within the Project Area is a cted to continue to be accomplished over an extended peri of time by a variety of developers, which may include the City. These developers may respond to market demand and echnologi.es that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned dev opment of the Project Area rather than a precise blueprint fo its development. Therefore, pursuant to F.S. 380.06(21) ) - 8 - 92- 609 1991), the CADA seeks master development approval for three in ements of development over a period of approximately twen years and specific development approval for Increment II, wh h is the first phase of development projected for a period o approximately five years. Subsequent incremental application may need to be adjusted to more nearly serve as a living gui recognizing the evolution of market demand and technologies G. The project entail the redevelopment of 209 acres of prime real estate adjacent to the Miami Central Business District for new residential, fice and commercial activity. The CADA proposes Net New D elopment within the Project Area for the land uses, quantit s and phases defined herein as Total Allowable Development. s originally proposed in the Master Development Order (Reso tion 88-110), Increment II of the project (1994-1999) consist d of the following: Element ea Office (gross sq. ft.) 20 000 Retail/Service (gross sq. ft.) 37, 00 Hotel (rooms) 0 Residential (units) 2,00 Convention (gross sq. ft.) 310,000 Pursuant to certain changes in market conditi\Orde d to the proposed location of a performing arts centhin the boundaries of the DRI, the Master Developmentand the Increment I Development Order are being amended with this development order, to reflect the following and use categories for the revised time frame 1992 to 1999: - 9 - 92- 609 991), the CADA seeks master development approval for three s of development over a period of approximately years and specific development approval for Increment II, wh\gui he first phase of development projected for a periodoximately five years. Subsequent incremental applicy need to be adjusted to more nearly serve as a livirecognizing the evolutionof market demand and technologies G. The project entail the redevelopment of 209 acres of prime real estate adjacent to the Miami Central Business District for new residential, fice and commercial activity. The CADA proposes Net New D elopment within the Project: Area for the land uses, quantit es and phases defined herein as Total Allowable Development. s originally proposed in the Master Development Order (Resolution 88-110), Increment II of the project (1994-1999) consist d of the following: Element ea Office (gross sq. ft.) 20 000 Retail/Service (gross sq. ft.) 37, 00 Hotel (rooms) 0 Residential (units) 2,0 Convention (gross sq. ft.) 310,000 Pursuant to certain changes in market conditi s and to the proposed location of a performing arts center ithin the boundaries of the DRI, the Master Development Orde and the Increment I Development Order are being amended with this development order, to reflect the following use categories for the revised time frame 1992 to 1999: N - 9 - 92- 609 Element Area Off a (sq. ft.) 337,000 Reta /Service (sq. ft.) 71,700 Hotel rooms) 500 Reside ial (units) 2,000 Attracti ns (seats) 80,000 The Master velopment Order made provision for "the simultaneous i creases and decreases between the land use catagories (sic), rovided that the regional impacts of the land uses as chang will not exceed the adverse regional impacts of the Projec as originally approved, as measured by total peak hour ve 'cle trips." The substitution of additional commercial development and attractions development for convention velopment does not exceed the total trips generated by the or ginal configuration proposed by the Master Development Order. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1991). I. A comprehensive review of the probable pacts that will be generated by Increment II of the Project h s been conducted by various City departments, as reflected i the CAD, and the South Florida Regional Planning Council sta J. This Development Order is consistent with the sport and recommendations of the South Florida Regional lanning Council, entitled "Development of Regional Impact Asse ment for the Southeast Overtown/Park West Community Redevelo nt Area - Increment II", dated The ^44t -- -� - 10 - 92- 609 South Florida Regional Planning Council recommends approval o Increment II of the Project, and all conditions to which suc approval is subject are reflected herein. K. Incr nt II of the Project is consistent with the applicab portion of the State land development plan and the Region Plan for South Florida. L. Increment II of the Project is in conformity with the adopted Miami C prehensive Neighborhood Plan. M. Increment II of t Project is in accord with the district zoning classificatio of 11000, as amended. N. Increment II of the Pr ect will have a favorable impact on the economy of the City. P. Increment II of the Proje t will efficiently use public transportation facilities. Q. Increment II of the Project wil favorably affect the need for people to find adequate housin reasonably accessible to their places of employment. R. Increment II of the Project will effic ently use necessary public facilities. S. Increment II of the Project will include ade ate mitigative measures to assure that it will not adverse effect the environment and natural resources of the City. T. Increment II of the Project will not adversely affe living conditions in the City. U. Increment II of the Project will not adversely affect pu is safety. Vd- 92— 609 0 There is a public need for Increment It of the Project. CONCL S IONS OF I,A1 % T t, having made the findings of fact contained above, the City Comm ssion hereby concludes as a matter of law, the following% A. The City Miami acting as a "downtown development authority" as efined in F.S. 380 (1991) , and is authorised by F.S. 380 (1 1) to make application for development approval and receiv a development order. B. Increment II of th Project complies with the Miami Comprehensive Neighborh d Plan, is consistent with the orderly development and g 1s of the City of Miami, and complies with local land deve ent regulations. C. Increment II of the Project doe not unreasonably interfere s with the achievement of the object es of the adopted State land development plan applicable to he City of Miami and the Regional Plan for South Florida. D. Increment II of the Project is consistent with the report e and recommendations of the South Florida Re onal Planning Council and does not unreasonably interfere wit any of the considerations and objectives set forth in F.S. 38 (1991). e x„ E. Changes in Increment II of the Project which do not xceed the Total Allowable Development or which do not result a net reduction of more than five percent (5%) in tot 12 - 9 2- 6 n 3 t acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1991). ACTION TX"N: That, having made the findings of fact and reached the conclusions o law set forth above, it is ordered that Increment II of the Proji�qt is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSO , AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PUR ANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOG MR WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Incorporate the following in the project design and operation to minimize the cumula. ve adverse regional impact of the project, its traffic d associated pollutant emissions on air quality; a. Actively encourage and pro to ridesharing by establishing a car and van pool in rmation program; b. Provide local and regional mass\rransit route and schedule information in convenient ons throughout the project, including office complies and within and adjacent to retail areas; c. Encourage transit use by provision of\fauc development of turnout lanes, or provis amenities to increase ridership; and d. Provide on -site bicycle storage facilities use of alternative modes of transportation € 2. For the purposes of water conservation, util use plumbing fixtures, self -closing and/or met and other water conserving devices. f: Al - 13 - � " 92-- 609 iporate the use of water sensors and other low water e landscape irrigation techniques to reduce the project d on the region's potable water supply. ete the construction of N.W. 1st Avenue from N.W. loth t to N.W. 14th Street as a new four -lane divided ity prior to a. or b. below, whichever occurs earlier. a date when all the certificates of occupancy which a been issued for Southeast Overtown/Park Westnc ent II will generate more than a total of 818 peak our trip ends, as estimated based on trip rates denti ed in Exhibit 2 herein; b. December`*1, 1998. In the event th by December 31, 1997, the necessary right- of-way for the bject improvement has not been acquired, then within 30 da the Applicant shall request a meeting with Council staff consider potential reallocation of the Applicants proportio al share in the amount of $472,852 (1992 dollars). Any eallocation must be consistent with applicable statutes and ules. 5. Comply with the requireme\eeak Chapter 14, Section 14-71, Code of the City of Miamtled Transportation Control Measures, which sets forteak hour trip reduction and reporting requirements foroject. 6. Conduct air quality modecarbon monoxide impacts. The air quality modelling low Florida Department of Environmental Regulation es and shall: a. Be based on actualtra is counts for the intersections listed below; b. Include the following intersects s: N.E. lot Avenue/N.E. 5th Street; and, N.E. 2n Avenue/N.E. 5th Street; and, c. Be submitted by June 30, 1999, in a detail analysis to FDER and DERM for comment and review, and SFRPC for review and approval. 7. If the results of the air quality modelling s dy, as described in Condition 6, above, exceed 85 percent b t less than 100 percent of the State standard fo co concentrations, submit by October 30, 1999, a detaile air quality monitoring plan to FDER and DERM for review d comment and SFRPC for review and approval. Pending approv - 14 - 92- 609 a a of the monitoring plan, withhold the issuance of any twuilding permits for net new development within the subarea t show exceedences of 85 percent of the CO standard. B. If results of the air quality modelling study, as des�,he bed in Condition 6, above, or any monitoring results pursue t to Condition 7, above, exceed State standards for CO conc trations, do one of the following: a. Provi acceptable documentation which clearly indicates that C exceedences will not occur, or that the net new develo nt seeking approval will not contribute to the predicte CO violation, or that any potential CO additions or each net new development have been or will be mit ated prior to issuance of building permits for the p ticular net new development. This documentation ust be submitted to FDER and DERM for comment and r iew, and to the SFRPC for review and approval. b. Withhold the issue ce of any building permits for net new development wXthin the subarea that shows CO exceedences. 9. Integrate all original and pplemental ADA information into a consolidated Application r Development Approval (CADA) and submit two copies of th CADA to the Council and one copy to the Department of Co nity Affairs within 30 days of the effective date of the d velopment order. The CADA shall be prepared as follows: a. Where new, clarified, or r vised information was prepared subsequent to submittal f the ADA but prior to issuance of the development orde whether in response to a formal statement of inflkrmation needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page N r (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that a page was revised, and "Date" stating the date of the evision. 10. Submit an annual report to the Council, and the epartment of Community Affairs on each anniversary date of the effective date of the development order. The annua report shall include, at a minimum, a complete response t each question in Exhibit 3 (Annual Report). 11. Identify in the development order any approved develo nt, including the acreage attributable to each approved 1 nd use, open space, areas of preservation, and green belts, a d 15 - the structures and improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and other major characteristics or mponents of the development. 12. Est blish the termination date for completing development as Dece r 31, 1999, provided that the applicant, its succe ors, and assigns, complies with Condition 15, herein. The to ination date may only be modified in accordance with Section 0.06(19)(c) F.S. 13. Establish a expiration date for the development order. 14. Establish the ffective date of the development order as 45 days from tra mittal of the development order to the Department of Co unity Affairs, the South Florida Regional Planning Council, and applicant; provided however that if the development o er is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved ursuant to Section 380.07(2) F.S. 15. Record, within 30 day of the effective date of the development order, notice f the adoption of the development order with the Clerk of the Dade County Circuit Court pursuant to Section 380.06( ), F.S., specifying that the development order runs with t e land and is binding on the applicant, its successors, nd assigns, jointly or severally. 16. Meet the following state criteria for issuance of a DRI development order: a. The development order shall spec (1) The name of the development. (2) The authorized agent of the develo (3) The name of the developer. (4) A statement that: The Application for Development Approval 'I'\DA) is approved, or The ADA is approved subject to conditi s, specifying the conditions, or The ADA is denied, specifying the reasons for denial and changes in the development proposal, if any, that would make it eligible to receive development approval. =4JE*4- 16 - 44 • 92� sos a b. Findings of fact and conclusions of law addressing whether and the extent to whichs (1) The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; ( The development is consistent with the local land development regulations and the adopted local comprehensive plan; (3) !NR development will be consistent with the re endations of the Council DRI Assessment pur ant to Section 380.06(14) F.S.; and (4) The de elopment makes "adequate provision for the public cilities needed to accommodate the impacts of the p sed development" or the City commits in the devel ent order to provide these facilities consistent 'th the development schedule. c. A legal description\of the property including acreage. 17. Designate an official o monitor compliance with all conditions of the develop nt order and specify monitoring procedures that, at a min um, require development order conditions to be reviewed by 'ty of Miami prior to issuance of any local development permi 18. Incorporate the Consolidated Application for Development Approval by reference into the dev opment order as follows: "The Consolidated Application for velopment Approval is incorporated herein by reference an relied upon by the parties in discharging their statutory uties under Ch. 380 F.S. and local ordinances. Substantial ompliance with the representations contained in the Applicati for Development Approval is a condition for approval u ess waived or modified by agreement among the City, the South Florida Regional Planning Council, and the a licant, its successors, or assigns." 19. Incorporate into the development order by ref ence the Council DRI Assessment for Southeast Overtown/Pa West - Master and Increment II. 20. Attach copies of all exhibits referenced in the deve order. 17 - 92-- 609