HomeMy WebLinkAboutR-91-0698J-91-751
9/17/91
RESOLUTION NO. O - 1 9 8
A RESOLUTION, WITH ATTACHMENTS, AMENDING THE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT
(DRI) MASTER AND INCREMENT I DEVELOPMENT
ORDERS (RESOLUTIONS 87-1148 AND 1149, ADOPTED
DECEMBER 10, 1987), FOR THE AREA OF THE CITY
OF MIAMI UNDER THE JURISDICTION OF THE
DOWNTOWN DEVELOPMENT AUTHORITY (WITH THE
EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AREA); BY AMENDING THE MASTER
DEVELOPMENT ORDER BY UPDATING THE NAME OF THE
AGENT AND DEPARTMENT AND CHANGING THE
INCREMENT I PROJECT DESCRIPTION; BY AMENDING
THE INCREMENT I DEVELOPMENT ORDER BY UPDATING
THE NAME OF THE AGENT AND DEPARTMENT,
EXTENDING THE BUILD-OUT/TERMINATION DATE OF
INCREMENT I FROM DECEMBER 31, 1992, TO
DECEMBER 30, 1997; SIMILARLY EXTENDING THE
DATE FOR PROTECTION AGAINST DOWNZONING;
EXTENDING THE DATE FOR COMPLETING AIR QUALITY
MONITORING FROM MARCH 15, 1991, TO MARCH 15,
1994, EXTENDING THE: TIME TO CONTRACT FOR
CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS
FROM FOUR YEARS TO EIGHT YEARS FROM THE
EFFECTIVE DATE OF THE DEVELOPMENT ORDER, AND
SIMULTANEOUSLY INCREASING AND DECREASING THE
QUANTITY OF DEVELOPMENT IN CERTAIN LAND USE
CATEGORIES IN INCREMENT I; FINDING THAT THESE
CHANGES DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION PER CHAPTER 380, FLORIDA STATUTES
(SUPP. 1990), AND ALSO FINDING THAT THESE
CHANGES ARE IN CONFORMITY WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
WHEREAS, on December 10, 1987, the City Commission adopted
Resolution No. 87-1148 approving a Master development order for
the Downtown Miami Development of Regional Impact, and Resolution
No. 87-1149 approving the Increment I development order for the
Downtown Miami Development of Regional Impact; and
WHEREAS, development in the downtown area has progressed at
a slower rate than anticipated in the Increment I development
order, thereby necessitating an extension of the project build-
out/termination date and several related deadlines within the
development orders; and
WHEREAS, the land use categories for attractions/recreation
facilities and hotels need to be increased to accommodate
proposed new developments, while there is a surplus of unused
development in the office land use category; and
ATTACHMENTS
CONTAINED
CITY COMMSION
MEETING: OF
SE 26 1991
MMMON ft 9 1 - 6 9-81
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on July 17, 1991, following an advertised public hearing,
adopted Resolution No. PAB 48-91 by a 8 to 0 vote, recommending
approval of the proposed amendments to the Master and Increment I
development orders for the Downtown Miami Development of Regional
Impact as attached hereto; and
WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes
(Supp. 1990), on August 12, 1991, the Downtown Development
Authority submitted a Notification of a Proposed Change to a
Previously Approved DRI, to the City of Miami, the South Florida
Regional Planning Council, and the Florida Department of
Community Affairs; and
WHEREAS, on September 26, 1991, the Miami City Commission
held a public hearing on the proposed amendments to the Master
and Increment I development orders for the Downtown Miami
Development of Regional Impact as attached hereto; and
WHEREAS, the City Commission determined that all
requirements of notice and other legal requirements have been
complied with for an amendment to the Master and Increment I
development orders for the Downtown Miami Development of Regional
Impact; and
WHEREAS, the City Commission deems it advisable and in the
best public interest of the general welfare of the City of Miami
to amend the Master and Increment I development orders for the
Downtown Miami Development of Regional Impact as hereinafter set
forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The proposed amendments to the Master
development order for the Downtown Miami Development of Regional
Impact (Resolution No. 87-1148), which are attached hereto as
Exhibit "A" and made a part hereof, do not constitute a
substantial deviation and, therefore, do not require further
development of regional impact review pursuant to Subsection
380.06(19), Florida Statutes (Supp. 1990). These amendments are
-2-
t�
in conformity with the Miami Comprehensive Neighborhood Plan
1989-2000.
Section 2. The attached amendments to the Master
development order for the Downtown Miami Development of Regional
Impact (Exhibit "A") are hereby approved.
Section 3. The proposed amendments to the Increment I
development order for the Downtown Miami Development of Regional
Impact (Resolution No. 8701149), which are attached hereto as
Exhibit "B" and made a part hereof, do not constitute a
substantial deviation and, therefore, do not require further
development of regional impact review pursuant to Subsection
380.06(19), Florida Statutes (Supp. 1990). These amendments are
in conformity with the Miami Comprehensive Neighborhood Plan
1989-2000.
Section 4. The attached amendments to the Increment I
development order for the Downtown Miami Development of Regional
Impact (Exhibit "B") are hereby approved.
PASSED AND ADOPTED this 26th day of,- September , 1991.
1TVY/HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
4 K ' /J�o
FIL E. MAXWELL
CHIEF ASSISTANT CIVY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
u . a ;,
X. QU7NN J4N , III
ACTIN CITY ATTORNEY
JEM/db/MN80
-3-
L./ SUAREZ, MAYOR
91-- 698
Exhibit "A"
Master Development Order
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
Matthew Schwartz
AUTHORIZED AGENT OF DEVELOPER: Rey—F. Reese, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I
Increment II Increment III
Totals
Office
6,919,550
14,219 550
(gross square feet)
7,188,888
3,600,000 3,700,000 14498�Ilan
Government Office
(gross square feet)
300,000
250,000 200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000 500,000
1,950,000
Hotel
1 500
3,100
(rooms)
500 1,100
2;699
Residential
(dwelling units)
3,550
2,550 2,920
9,020
Convention
(gross square feet)
500,000
0 0
500,000
Wholesale/Industrial
(gross square feet)
1,050,000
0 1,050,000
2,100,000
Institutional
(gross square feet)
300,000
0 300,000
600,000
Attractions/Recreation
6,500
13,100
(seats)
3,400
1,600 5,000
10,000
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total
amount of
development planned for
each land use
category, but provides flexibility
for
such development to be
located anywhere
within the Project Area, subject
to
local land development
regulations.
The Project Area includes all
property
within the boundaries
of the Downtown Development Authority,
with the
exception of that area
between NE/NW
5th Street and I-395 known
as "Park
West", as illustrated
on the map in
Exhibit 1 and described in
Exhibit 2
attached hereto. The Project Area contains a total of approximately
839 acres
of land, including approximately
78 acres currently zoned and developed
as
Exhibit 8
Increment I Development Order
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
Matthew Schwartz
AUTHORIZED AGENT OF DEVELOPER: Rey—F. Ren , Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses Increment I Increment II Increment III Totals
Office 6,919,550 14,219,550
(gross square feet) 89 3,600,000 3,700,000 A4J4Ww;999
Government Office
(gross square feet) 300,000 250,000 200,000 750,000
Retail/Service
(gross square feet) 1,050,000 400,000 500,000 1,950,000
Hotel 1,500 3,100
( rooms) 689 500 1,100 2-1-W
Residential
(dwelling units) 3,550 2,550 2,920 9,020
Convention
(gross square feet) 500,000 0 0 500,000
Wholesale/Industrial
(gross square feet) 1,050,000 0 1,050,000 2,100,000
Institutional
(gross square feet) 300,000 0 300,000 600,000
Attractions/Recreation 6 500 13,100
(seats) � 1,600 5,000 3�;899
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
such development to be located anywhere within the Project Area, subject to
+local land development regulations. The Project Area includes all property
within the boundaries of the Downtown Development Authority, with the
exception of that area between NE/NW 5th Street and I-395 known as "Park
West", as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
1
91-- 698
2
I I
Exhibit 8
Increment I Development Order
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
DEFINITIONS: For the purposes of this Development Order, the following terms
shall be defined as follows:
ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the DDA on November 25, 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 16 on page 13 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Building
Code, for any "Net New Development" as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority: The Downtown Development Authority of
the City of Miami, Florida.
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
DRI: Development of Regional Impact.
Development Credits: The individual units of land uses included within Total
Allowable Development, as measured by square footage or number of dwelling
units, hotel rooms, or seats.
FDER: The Florida Department of Environmental Regulation.
Major Use Special Permit: A special permit issued by the City Commission
pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as
amended.
Net New Development: Any construction or reconstruction which will result in
a net increase, within any "Parcel of Land", of residential dwelling units,
E
2
11
Exhibit 8
Increment I Development Order
hotel rooms, seats in attractions/recreation facilities or gross square
footage for office,
government
office,
retail/service,
convention,
wholesale/industrial or
institutional
uses.
Land uses to be
removed by
demolition of a building or structure may be credited against the proposed new
land uses for purposes of calculating the net increase, if the Planning
Director determines that there was a valid Certificate of Occupancy existing
on the effective date of this Development Order for the land uses to be
demolished. If a change of land use is proposed, the Planning Director may
credit the prior land use against the proposed land use based upon equivalent
impacts as measured by peak hour vehicle trip generation. Any activity which
has on the effective date of this Development Order a valid building permit or
any currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New Development any
small development under 10,000 square feet in floor area, if he finds that
such development would have no, regional impact as measured by peak hour
vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, and which is
designated by its owner or developer as land to be used or developed as a unit
or which has been used or developed as a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1
herein.
Project Area: The area included within the legal description in Exhibit 2.
Total Allowable Development: The quantity of Net New Development for which
Certificates of Occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development Order, as
may be modified pursuant to F.S. 380.06(19) (1987), and which shall be
measured by the following land uses:
Office
Government Office
Retail/Service
Hotel
6,919,550
7,109,099 gross square feet
300,000 gross square feet
1,050,000 gross square feet
1,500
1;-909 rooms
0
11
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Exhibit B
Increment I Development Order
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
6 500
�3-9 seats
The City may permit simultaneous increases and decreases in the above
described land use categories, provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved, as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The DDA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
E. The purpose of the CADA is to identify and assess probable regional
impacts and to obtain approval for Total Allowable Development in
accordance with the general guidelines set forth in this Development
Order and the CADA. The concept is to recognize the Project Area as a
single area of high intensity development and to focus the DRI review
process primarily on the impacts that Total Allowable Development within
the area will have on land, water, transportation, environmental,
community services, energy and other resources and systems of regional
21
•
Exhibit B
Increment I Development Order
significance. The CADA seeks a single DRI review process for overall
phased development of the downtown area rather than requiring each
individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA is intended to serve as a flexible guide to planned development of
the Project Area rather than a precise blueprint for its development.
Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master
development approval for three increments of development over a period
of approximately twenty years and specific development approval for
Increment I, which is the first phase of development projected for a
period of approximately five years. Subsequent incremental applications
may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
G. The Project Area contains a total of approximately 839 acres, including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
H. The Project is not located in an area of critical state concern as
designated pursuant to F.S. 380 (1987).
I. A comprehensive review of the probable impacts that will be generated by
Increment I of the Project has been conducted by various City
1 departments, as reflected in the CADA, and the South Florida Regional
i
! Planning Council staff.
J. This Development Order is consistent with the report and recommendations
of the South Florida Regional Planning Council, entitled "Development of
Regional Impact Assessment for Downtown Miami - Increment I", dated
October 5, 1987. The South Florida Regional Planning Council recommends
approval of Increment I of the Project, and all conditions to which such
approval is subject are reflected herein.
5
91- 698
2
11
Exhibit 8
Increment I Development Order
K. Increment I of the Project is consistent with the applicable portion of
the State land development plan and the Regional Plan for South Florida.
L. Increment I of the Project is in conformity with the adopted Miami
Comprehensive Neighborhood Plan.
M. Increment I of the Project is in accord with the district zoning
classifications of Zoning Ordinance 9500, as amended.
N. Increment I of the Project will have a favorable impact on the economy
of the City.
P. Increment I of the Project will efficiently use public transportation
facilities.
Q. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
R. Increment I of the Project will efficiently use necessary public
facilities.
S. Increment I of the Project will include adequate mitigative measures to
assure that it will not adversely effect the environment and natural
resources of the City.
T. Increment I of the Project will not adversely affect living conditions
in the City.
U. Increment I of the Project will not adversely affect public safety.
V. There is a public need for Increment I of the Project.
CONCLUSIONS OF LAW:
That, having made the findings of fact contained above, the City
Commission hereby concludes as a matter of law, the following:
A. The DDA constitutes a "downtown development authority" as defined in
F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make
application for development approval and receive a development order.
B. Increment I of the Project complies with the Miami Comprehensive
1
Neighborhood Plan, is consistent with the orderly development and goals
of the City of Miami, and complies with local land development
a
regulations.
-f
i
Exhibit B
Increment I Development Order
C. Increment I of the Project does not unreasonably interfere with the
achievement of the objectives of the adopted State land development plan
applicable to the City of Miami and the Regional Plan for South Florida.
D. Increment I of the Project is consistent with the report and
recommendations of the South Florida Regional Planning Council and does
not unreasonably interfere with any of the considerations and objectives
set forth in F.S. 380 (1987).
E. Changes in Increment I of the Project which do not exceed the Total
Allowable Development or which do not result in a net reduction of more
than 5 percent in total acreage zoned and developed as City parks, shall
not constitute a substantial deviation under F.S. 380 (1987).
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of
law set forth above, it is ordered that Increment I of the Project is hereby
approved, subject to the following.conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE
DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER
TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL:
I. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations,
ordinances and other laws.
2. For the purpose of base -line data collection, conduct air quality
monitoring for carbon monoxide (CO) concentrations based on the
following requirements:
a. CO monitoring data shall be provided for each of the three (3)
sub -areas as described in the CADA: Brickell, the Central
Business District and Omni.
b. The monitoring shall consist of four (4) weeks of data collection
during the winter months, November 15th through March 15th, for
each sub -area.
7
91-- 698
Exhibit B
Increment I Development Order
C. The monitoring for each sub -area shall be completed prior to the
issuance of any certificate of occupancy within that sub -area for
the first development under this Development Order which meets 100
percent of the presumptive threshold for Developments of Regional
Impact pursuant to Rule 27F, F.A.C., within that sub -area; or
prior to March 15, +991 1994, whichever comes first.
d. The monitor will be located at the presumed worst case
intersection for the Brickell and Omni sub -areas. The location
will be selected jointly by the City, Florida Department of
Environmental Regulation (FDER), Dade County Environmental
Resources Management (DERM), and Council staff. It has been
agreed by these agencies that the existing monitor located in the
Central Business District will be acceptable for that sub -area.
e. Perform the monitoring required by 2a. and 2b. above as prescribed
by the policies and regulations governing DERM and submit final
air quality monitoring reports to FDER, DERM, and the Council
staff within 60 days of the completion of the monitoring.
3. Conduct air quality modeling of carbon monoxide impacts to determine
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be completed within
one year after the base -line data monitoring has been completed pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 3a. below. The air quality modeling shall follow FDER guidelines and
shall:
a. Be limited to no more than ten (10) intersections to be selected
from among the intersections projected in the CADA to operate at
level of service E or F. The intersections shall be selected
jointly by FDER, DERM, the Council staff, and the City.
b. Be submitted in a detailed and comprehensive air quality analysis
to FDER and DERM for comment and review, and to the Council staff
and the City for review and approval.
8
11
Exhibit B
Increment I Development Order
C. Include proposed changes to air quality monitoring as justified by
the air quality modeling analysis.
4. If the results of the air quality modeling study, as described in
paragraph 3 above, are more than 85 percent but less than 100 percent of
the State standards for CO concentrations, implement an air quality
monitoring and abatement program following approval of the report
pursuant to 3b above. The monitoring and abatement program, including a
time frame for implementation, must be approved by the Council staff and
the City subsequent to review and comment by FDER and DERM. The program
may include, but is not limited to, the following techniques:
a. Transportation Control Measures (TCM).
b. Physical planning measures (e.g. signalization, parking area
locations, addition of turn lanes, etc.).
C. The continuance of monitoring for specified sub -areas.
5. If the results of the air quality modeling study, as described in
Condition 3 above, exceed State standards for CO concentrations, do one
of the following:
a. Provide acceptable documentation which clearly indicates that CO
exceedences will not occur, or that the Net New Development
seeking approval will not contribute to the predicted CO
violation, or that any potential CO additions for each Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER and
DERM) prior to issuance of building permits for the particular Net
New Development. Such documentation may include a modeling study
which incorporates measures such as those contained in Condition
4a., b., and c., above. This documentation must be approved by
the Council staff and the City subsequent to review and comment by
FDER and DERM.
7
9 -- 698
Ll
4
Exhibit B
Increment I Development Order
b. Withhold the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
6. Based upon the transportation impacts generated by Total Allowable
Development for Increment I, pay or contract to pay $7,543,419 (fair
share in 1987 dollars), to be expended on any or all of the following
transportation improvements:
a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge
and approaches,
b. intersection improvements to the entrance and exit ramps to I-395
at NE Ist Avenue and NE 2nd Avenue,
C. other transportation improvements if mutually agreed upon by the
City and Council staff, subsequent to review and comment by Dade
County and the Florida Department of Transportation.
The City shall pay or contract to pay the fair share within 60 days
following notice that the subject improvement has been let to contract
for construction. In the event the City contracts to pay the fair
share, such contract shall in no way affect the construction schedule of
the subject transportation improvement. If the improvements above have
not been let to contract for construction before the earlier date of a.
or b. specified below:
a. #-ems° eight years after the effective date of the Development
Order, or
b. the date of issuance of Certificates of Occupancy for more than 80
percent of the Total Allowable Development,
then Council staff, the City, Dade County, and the Florida Department of
Transportation (FDOT) will jointly decide the reallocation of $7,543,419
(fair share in 1987 dollars) within 90 days of the earlier date of
either a. or b. specified above.
7. Withhold the issuance of building permits for Net New Development if the
City has been determined to be in noncompliance with paragraph 6 above.
8. Make efforts to work closely with applicable governmental agencies to
ensure that the Metromover Stage II herein be completed as identified in
10
91- 698
n
Exhibit g
Increment I Development Order
the current Metropolitan Planning Organization's Transportation
Improvement Program (TIP) published in June, 1987. In the event that by
December 31, 1992, the Metromover Stage II improvements are not
substantially under construction, as determined by Council staff, then
this situation will be considered a substantial deviation from the
mitigative efforts anticipated to offset the adverse impacts of Total
Allowable Development. In this event, the Applicant shall be required
to undergo additional Development of Regional Impact review for
transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h),
(1986). Such additional Development of Regional Impact review, if
required, shall be initiated by March 31, 1993. Net New Developments
which have obtained building permits prior to December 31, 1992 shall
not be affected by any subsequent review.
9. Within 6 months of the effective date of this Development Order, prepare
and recommend to the Miami City Commission a Transportation Control
Measure (TCM) Ordinance, which shall require Net New Development to do
the following:
a. actively encourage and promote car and van pooling by establishing
or participating in a car pool information program, and
b. provide mass transit route and schedule information in convenient
locations throughout the individual development, and
C. encourage mass transit use by the provision of bus shelters, bus
turnout lanes, or other amenities to increase transit ridership.
In addition, the TCM Ordinance shall include other appropriate
transportation control measures to be selected from but not be limited
to the list entitled "Table 4.9 - Potential Transportation Control
Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The
TCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
11
91-- 698
t
1
Exhibit 8
Increment I Development Order
10. In the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
Miami City Commission within 18 months of the effective date of this
Development Order, determine that this situation constitutes a
substantial deviation from the mitigative efforts anticipated to offset
the adverse impacts of Total Allowable Development. In this event, the
Applicant shall be required to undergo additional Development of
Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986).
Such additional Development of Regional Impact review, if required,
shall be initiated by the Applicant within 90 days of the identification
of its need.
11. Have the authority to assess development for its proportionate share of
the costs of improvements and/or services necessary to monitor and/or
mitigate any adverse impacts. The City shall also have authority to
assess development its proportionate share of the costs attributable to
preparation of the master plan, the Application for Development
Approval, and this Development Order, as well as the future costs of
reviewing individual development applications, monitoring compliance
with this Development Order, and any other costs reasonably related to
the administration and implementation of this Development Order. If
necessary, the City shall establish a procedure for rebating any funds
collected in excess of those funds attributable to a particular
development and necessary to implement this Development Order or any
ordinance or procedure required to monitor and enforce compliance with
this Development Order and to mitigate the impacts of Total Allowable
Development.
12. Est-ablish eeenb r 31, 1992 December 30, 1997 as the date until which
the City agrees that the grantees of building permits or Major Use
Special Permits for new development, under the Downtown Miami -
Increment I Development of Regional Impact shall not be subject to
down -zoning, unit density reduction, or intensity reduction to the
extent of the amount of development included within the building permit
or Major Use Special Permit, unless the City can demonstrate that
12
91- 698
Exhibit B
Increment I Development Order
substantial changes in the conditions underlying the approval of the
development order have occurred, or that the development order was based
on substantially inaccurate information provided by the Applicant, or
that the change is clearly essential to the public health, safety or
welfare.
MONITORING, REPORTING, AND ENFORCEMENT:
13. The City shall monitor the capacity of Total Allowable Development by
reserving the amount of Development Credits necessary for Net New
Development at a time, to be determined by the City, prior to or
coincident with approval of a building permit or Major Use Special
permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
14. Upon the issuance of a Certificate of Occupancy for any Net New
Development, the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
15. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council, one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this Development Order.
The CADA shall be prepared as follows:
a. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
13
r
Exhibit 8
Increment I Development Order
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
b. Revised pages will have a "Page Number (R) - Date" notation, with
"Page Number" being the number of the original page, "(R)"
indicating that the page was revised, and "Date" stating the date
of the revision.
16. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or modified by agreement among the
Council, City, and Applicant, its successors, and/or assigns.
17. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
18. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be incorporated into
the annual report required in the Downtown Miami Master Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit 3.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
14
91-- 698
Exhibit 8
Increment I Development Order
C. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Development Approval and which have been identified by the City,
the Council, or the Department of Community Affairs as being
significant.
e. Specification of any amended DRI applications for development
approval or requests for a substantial deviation determination
that were filed in the reporting year or to be filed during the
next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have been sent copies of the annual
report in conformance with F.S. 380.06 (18) (1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15) (1987).
i. Any other information required by the Department of Community
Affairs (DCA) in accordance with F.S. 380.06 (18)(1987).
19. The City shall enforce the requirements of the Dade County Shoreline
Development Review Ordinance (85-14) for all subsequent developments
within the Shoreline Development boundary.
15
91 - (ZQ
i
Exhibit B
Increment I Development Order
20. The deadline for commencing any development shall be two (2) years from
the effective date of this Development Order. The termination date for
completing development shall be llzeember 31; -1992 December 30, 1997,
provided that the Applicant, or its successors and assigns, complies
with paragraph 25 herein. The termination date may only be modified in
accordance with F.S. 380.06(19)(c) (1987).
21. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs, Council, and
Applicant; provided, however, that if this Development Order is
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)
(1987).
22. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land upon
passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days, the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
16
91-- 698
Exhibit B
Increment I Development Order
unless the violator does not diligently pursue the curative action to
completion within a reasonable time, in which event the City will give
15 days notice to the violator of its intention to stay the
effectiveness of this Development Order and withhold further permits,
approvals, and services to the Parcel of Land in which the violation has
occurred and until the violation is cured. The terms of this paragraph
may be modified from time to time by written agreement by the DDA, the
City, and Council staff, to enable the City to enforce the terms of this
Development Order to the fullest extent, while providing due process to
all developers under this Development Order.
23. The Planning Director, City of Miami Planning Department, is hereby
designated to monitor compliance with all conditions of this Development
Order and shall have the duty and authority to interpret the provisions
of this Development Order and to promulgate rulings, regulations and
procedures necessary to implement it, provided the same are not
inconsistent with the terms hereof or of F.S. 380 (1987), or duly
promulgated and adopted rules thereunder. Appeals to decisions of the
Planning Director may be filed pursuant to procedures set forth in
Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami,
Florida, as amended. Any noncompliance shall be subject to the
provisions of paragraph 22 herein.
24. The South Florida Regional Planning Council report and recommendations,
entitled "Development of Regional Impact Assessment for Downtown Miami -
Increment I", dated October 5, 1987, is incorporated herein by
reference.
25. Within 30 days of the effective date of this Development Order, it shall
be recorded with the Clerk, Dade County Circuit Court, pursuant to
F.S. 380.06(15) (1987), specifying that the Development Order runs with
the land and is binding on the Applicant, its successors, and/or
assigns, jointly or severally.
26. The existence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 380 (1987) to file an
17
91- 698
Exhibit B
Increment I Development Order
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, not
withstanding the existence of this Development Order. In the event that
such an individual development order is approved and becomes effective,
the individual development order shall control development of the
property covered by the individual development order and the terms and
conditions of this Development Order shall no longer be binding upon the
property. Any such individual development orders shall, by their terms,
be consistent with the objectives and conditions of this Development
Order.
27. This Development Order shall not repeal, nor amend in any way, any other
currently effective development order or building permit within the
subject area previously issued by the City Commission pursuant to F.S.
380 (1987). This Development Order shall not create nor authorize the
creation or imposition of any additional requirements or restrictions,
with respect to any present or future development under any currently
effective Development Order or building permit issued prior hereto.
Notwithstanding this paragraph, the City shall continue to have whatever
authority pursuant to law it may now have or may acquire in the future
(other than by virtue of this Development Order).
28. This Development Order shall not create nor impose any additional
requirements or restrictions upon the City with respect to its powers to
enact impact fee or assessment ordinances on development, including Net
New Development under this Development Order and future development of
the City, as such impact fees or assessments may be authorized by law.
29. In the event that a substantial deviation is determined under the terms
of this Development Order or F.S. 380 (1987), the City shall retain its
ability to issue building permits and Major Use Special Permits and
shall continue to do so unabated, subject to the terms and conditions of
this Development Order.
30. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
18
91- 698
Exhibit 6
Increment I Development Order
Development Order, the City shall either, under this Development Order
or under the powers granted it by state law, be permitted to continue to
issue building permits, Major Use Special Permits and Certificates of
Occupancy until such time as a final resolution of the litigation
occurs.
of tx
SERGIO RODRIGUEZ, AICP CESAR H. ODIO
Director I,• uqU sun
'r ., City Manager
November 5, 1991
z�
Mr. Rob Curtis,°
6,
trt1
DRI Coordinator
South Florida Regional Planning Council
3440 Hollywood Boulevard
Suite #140
Hollywood, Florida 33021
co
Re: Downtown Miami Development of Regional Impact
Development Order Amendments
Dear Mr. Curtis:
Enclosed is Resolution No. 91-698, September 26, 1991; Exhibit "A" and Exhibit
"B" which amend the Downtown Miami Development of Regional Impact Development
Orders -Master (Resolution 87-1148, December 10, 1987) and Increment I
(Resolution 87-1149, December 10, 1987) respectively, specifically finding
that there is no substantial deviation, per Chapter 380, Florida Statutes.
The amendments to the Master and Increment I Development Orders as applicable
include: an update of the name of the agent and department; a change in the
Increment I project description, extending the buildout/termination date,
similarly extending the date for the protection against downzoning, extending
the date for completion of air quality monitoring and contracting time for
construction of transportation improvements and simultaneously increasing and
decreasing the quantity of land uses.
Please note that your Agency was previously informed of this intended action
by letter of July 31, 1991, from Matthew D. Schwartz, Executive Director,
Downtown Development Authority.
Should you have any questions or require any additional information, please
contact Joseph W. McManus, Assistant Director, Planning, Building and Zoning
De�rUent at (305) 179-6086.
Singly,
Serg o Rodr z, AICP
Dir for
Page 1 of 2
Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452
PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128
Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708
Mr. Rob Curtis
SR/rl
Attachments
cc: Thomas Beck
State of Florida Department of Community Affairs
Matthew 0. Schwartz, Executive Director
Downtown Development Authority
Natty Hirai, City Clerk (letter only)
Gloria Fox, Hearing Board Office (letter only)
Planning, Building and Zoning Department
Doc: [robert]<robert>DDRI/transm
November 5, 1951.
of iM1Y'�
SERGIO RODRIGUEZ, AICP
Director
CESAR H. ODIO
City Manager
November 5, 1991
—� r7 T�
o
Mr. Rob Curtis,
ram,_:,
c»
DRI Coordinator
South Florida Regional Planning Council
3440 Hollywood Boulevard
Suite #140
�•
�..
Hollywood, Florida 33021
co
Re: Downtown Miami Development of Regional Impact
Development Order Amendments
Dear Mr. Curtis:
Enclosed is Resolution No. 91-698, September 26, 1991; Exhibit "A" and Exhibit
"B" which amend the Downtown Miami Development of Regional Impact Development
Orders -Master (Resolution 87-1148, December 10, 1987) and Increment I
(Resolution 87-1149, December 10, 1987) respectively, specifically finding
that there is no substantial deviation, per Chapter 380, Florida Statutes.
The amendments to the Master and Increment I Development Orders as applicable
include: an update of the name of the agent and department; a change in the
Increment I project description, extending the buildout/termination date,
similarly extending the date for the protection against downzoning, extending
the date for completion of air quality monitoring and contracting time for
construction of transportation improvements and simultaneously increasing and
decreasing the quantity of land uses.
Please note that your Agency was previously informed of this intended action
by letter of July 31, 1991, from Matthew D. Schwartz, Executive Director,
Downtown Development Authority.
Should you have any questions or require any additional information, please
contact Joseph W. McManus, Assistant Director, Planning, Building and toning
DepAr±ient at (305) A79-6086.
SincWly,
Serg o Rodr z, AICP
Dir for
Page 1 of 2
Planning and Zoning Division / (305) 579-6086 / FAX (30S) 358-14S2
PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128
Mailing Address - P.O. Box 330708 / Miami, Florida 33233.0708
Mr. Rob Curtis
November 5, 1991.
SR/rl
Attachments
cc: Thomas Beck
State of Florida Department of Community Affairs
Matthew D. Schwartz, Executive Director
Downtown Development Authority
Matty Hirai, City Clerk (letter only)
Gloria Fox, Hearing Board Office (letter only)
Planning, Building and Zoning Department
Doc: [robertj<robert>DDRI/transm
Page 2 of 2
APPLICANT
PZ=13
PLANNING FACT SHEET
Downtown Development Authority:
PETITION 2. Consideration of amending the Downtown Miami
Development of Regional Impact (DRI) Master and
Increment I Development Orders (Resolutions
81-1148 and 1149, December 10, 1987), per
Chapter 380 F.S., being proposed amendments to
previously approved DRI Development Orders, for
the area of the City of Miami under_ the
jurisdiction of the Downtown Development
Authority (with the exception of the Southeast
Overtown/Park West redevelopment area); by
amending the Master Development Order by
updating the name of the agent and department
and changing the Increment I project
description; by amending the Increment I
Development Order by updating the name of the
agent and department, extending the build-
out/termination date of Increment I from
December 31, 1992 to December 30, 1997;
similarly extending the date for protection
against downzoning; extending the date for
completing air quality monitoring from March 15,
1991 to March 15, 1994 and simultaneously
increasing and decreasing the quantity of land
uses in Increment I, finding that these changes
do not constitute a substantial deviation per
Chapter 380 F.S. and also finding that these
changes are in conformity with the Miami
Comprehensive Neighborhood Plan 1989-2000.
REQUEST To amend the Downtown DRI (Master development
order and- Increment I development order) as
proposed; to find that the proposed changes do
not constitute a substantial deviation; and to
find that the proposed changes are in conformity
with the Miami Comprehensive Neighborhood Plan
1989-2000.
PLANNING RECOMMENDATION Approval
BACKGROUND The Downtown DRI authorized the City to issue
permits for a specified quantity of development
during the five-year Increment I time period
from December, 1987 'to" December, 1992. Because
91-- 69R
s
ANALYSIS
LK
market conditions have dramatically slowed the
rate of development, the City needs to extend
the completion date of Increment I by an
additional five years and to extend several
related deadlines within Increment I. Also, the
iend uses need to be adjusted to accommodate the
new proposed performing arts center and
additional hotel rooms.
The following changes are proposed:
1. Update the name of the authorized agent of
developer to Matthew Schwartz, who is_ the
current Executive Director of the Downtown
Development Authority; and update the name of
the Planning, Building and Zoning Department.
2. An extension of the build-out/termination
date of the Increment I development order from
December 31, 1992, to December 30, 1997. Less
than 15% of the "Total Allowable Development" in
Increment I has been reserved with building
permits or Major Use Special Permits.
3. An extension
City agrees that
permits or Major
development under
order shall not be
density reduction
December 31, 1992,
of the date until which the
the grantees of building
Use Special Permits for new
the Increment I development
subject to down -Zoning, unit
or intensity reduction from
to December 30, 1997.
4. An extension of the deadline for completing
air quality monitoring from March 15, 1991 to
March 15, 1994 (see condition 2-c on page 8 of
the Increment I development order). Onlv
199,500 square feet of development has received
building permits since the development order
became effective in 1988, and none of this
development has been completed. Therefore, it
can be assumed that Increment I development has
not caused a significant change in air quality
thus far. An extension of time i$ needed
because the City relies.on fair share fees paid
by developers when building permits are issued
to finance the cost of the air quality studies.
5. Extension of the time to contract for
c,)nstruction of transportation improvements from
9 1` 698
four years to eight years from the effective
date of the development order (see condition 6
on page 10 of the Increment I development
order). An extension of time is needed, similar
to "F" above, because the City relies on fair
share fees paid by developers when building
permits are issued to finance the cost of the
transportation improvements.
6. Simultaneous increases and decreases in the
proposed land uses in Increment I (see
Attachment D for explanation of calculations):
(1) Attractions and recreation facilities would
be increased from 3,400 seats to 6,500
seats, and Hotels would be increased from
1,000 rooms to 1,500 rooms.
(2) Office uses would be decreased by 180,450
square feet, resulting in a change from
7,100,000 square feet to 6,919,550 square
feet of office space permitted in Increment
I.
PLANNING ADVISORY BOARD At its meeting of July 17, 1991, the
Planning Advisory Board adopted Resolution
PAS 48-91 by a 6-0 vote, recommending
approval of the above.
91- 698
s
FORM RPM-BSP-PROPCHANGE-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
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be
made to the local government, the regional planning agency, and
the state land planning agency according to this form.
I. I, Matthew Schwartz, Executive Director. the undersigned
owner/authorized representative of Downtown Development Authority
(developer)
hereby give notice of a proposed change to a previously approved
Development of Regional Impact in accordance with Subsection
380.06(19), Florida Statutes. In support thereof, I submit the
following information concerning the
The Downtown Miami Development of Regional Impact
(original & current project names)
development, which information is true and correct to the best of
my knowledge. I have submitted today, under separate cover,
copies of this completed notification to
The City of Miami ,
(local government)
to the South Florida Regional Planning Council, and
to the Bureau of State Planning, Department of Community Affairs.
(Date)
1
(Signature)
91.-- 698
2.
3.
4.
Applicant (name, address, phone).
Downtown Development Authority
Suite 1818
One Biscayne Tower
Miami, Florida 33131
Phone: (305) 579-6675
Authorized Agent(s) (name, address, phone).
Matthew Schwartz
Downtown Development Authority
Suite 1818
One Biscayne Tower
Miami, Florida 33131
Phone: (305) 579-6675
Sergio Rodriguez/Joyce Meyers
City of Miami Planning, Building
and Zoning Department
275 NW 2nd Street
Miami, Florida 33128
Phone: (305) 579-6086
Joel E. Maxwell
City of Miami Law
Department
1100 Amerifirst Building
Miami, Florida 33131
Location (City, County,.Township/Range/Section) of approved
DRI and proposed change.
City of Miami
Dade County
Section 37, Township 53 South, Range 41 East
5. Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, build -out
date, development order conditions and requirements, or to
the representations contained in either the development
order or the Application for Development Approval.
The following changes are proposed to the Master
development order (Res. 87-1148):
A. Update the name of the authorized agent of developer to
Matthew Schwartz, who is the current Executive Director
of the Downtown Development Authority; and update the
name of the Planning, Building and Zoning Department.
IF
B. Change the Project Description to conform to the land
use changes described in Increment I (see "H" below).
91- 698
The following changes are proposed to the Increment I
development order (Res. #87-1149):
C. Update the name of the authorized agent of developer to
Matthew Schwartz, who is the current Executive Director
of the Downtown Development Authority; and update the
name of the Planning, Building and Zoning Department.
D. An extension of the build-out/termination date of the
Increment I development order from December 31, 1992,
to December 30, 1997. This change is necessary because
development has proceeded at a much slower rate than
expected. Less than 15% of the "Total Allowable
Development" in Increment I has been reserved with
building permits or Major Use Special Permits (see
status report, Attachment B).
E. An extension of the date until which the City agrees
that the grantees of building permits or Major Use
Special Permits for new development under the Increment
I development order shall not be subject to down -
zoning, unit density reduction or intensity reduction
from December 31, 1992, to December 30, 1997. This is
necessary to conform to the extended project buildout
date discussed above.
F. An extension of the deadline for completing air quality
monitoring from March 15, 1991 to March 15, 1994 (see
condition 2-c on page 8 of the Increment I development
order). Only 199,500 square feet of development has
received building permits since the development order
became effective in 1988, and none of this development
has been completed. Therefore, it can be assumed that
Increment I development has not caused a significant
change in air quality thus far. An extension of time
is needed because the City relies on fair share fees
paid by developers when building permits are issued to
finance the cost of the air quality studies (see
Chapter 13, Article II of the Miami City Code,
Attachment C).
G. Extension of the time to contract for construction of
transportation improvements from four years to eight
years from the effective date of the development order
(see condition 6 on page 10 of the Increment I
development order). An extension of time is needed,
similar to "F" above, because the City relies on fair
share fees paid by developers when building permits are
issued to finance the cost of the transportation
improvements (see Chapter 13, Article II of the Miami
City Code, Attachment C).
3
91- 698
W
H. Simultaneous increases and decreases in the proposed
land uses in Increment I (see Attachment D for
explanation of calculations):
(1) Attractions and recreation facilities would be
increased from 3,400 seats to 6,500 seats, and
Hotels would be increased from 1,000 rooms to 1,500
rooms.
(2) Office uses would be decreased by 180,450 square
feet, resulting in a change from 7,100,000 square
feet to 6,919,550 square feet of office space
permitted in Increment I. -�
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department
or any reviewing agency to clarify the nature of the change
or the resulting impacts.
No change in maps.
6. Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the development.
If no change is proposed or has occurred, indicate no
change.
See Attachment A.
7. List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide
a brief description of the previous changes (i.e., any
information not already addressed in the Substantial
Deviation Determination Chart). Has there been a change in
local government jurisdiction for any portion of the
development since the last approval or development order
was issued? If so, has the annexing local government
adopted a new DRI development order for the project?
Originally approved development orders:
A. Master Development Order - Resolution #87-1148
December 10, 1987
B. Increment I Development Order - Resolution # 87-1149
December 10, 1987
Modifications:
C. Stipulation of Settlement, Department of Community
Affairs vs. The City of Miami and the Downtown
Development Authority, State of Florida Division of
4
91- 698
Administrative Hearings Case No. 88-1638, June 2, 1988
(This settlement clarified the meanings of Total
Allovmhle Development, Net New Development and
Aggregate Exclusions as applied in the development
orders.)
8. Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval
or issuance of the DRI development order. Identify such
land, its size, intended use, and adjacent non -project land
uses within 1/2 mile on a project master site plan or other
map. -
Not applicable.
9. Indicate if the proposed change is less than 40%
(cumulatively with other previous changes) of any of the
criteria listed in Paragraph 380.06(19)(b), Florida
Statutes.
Individually, the proposed changes in the
Attraction/Recreation category and the Hotel category are
more than 40% of the criteria in 380.06(19)(b); however,
with the simultaneous decrease in Office land use, the
proposed changes are less than 40%.
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19)(e)2., F.S.
YES NO X
10. Does the proposed change result in a change to the build -
out date or any phasing date of the project? If so,
indicate the proposed new build -out or phasing dates.
Yes, December 30, 1997
11. will the proposed change require an amendment to the local
government comprehensive plan?
No.
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), F.S., and
9J-2.025, Florida Administrative Code:
12. An updated master site plan or other map of the development
portraying and distributing the proposed changes to the
previously approved DRI or development order conditions.
Map H- Master Land Use Plan (Attachment E) has not changed
since the originally approved development orders.
13. Pursuant to Subsection 380.06(19)(f), F.S., include the
precise language that is being proposed to be deleted or
added as an amendment to the development order. This
language should address and quantify:
a. All proposed specific changes to the nature, phasing, and
build -out data of the development; to development order
conditions and requirements; to commitments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for -
preservation, green belts; to structures or to other
improvements including locations, square footage, number of
units; and other major characteristics or components of the
proposed change;
See Attachments F and G.
b. An updated legal description of the property, if any
project acreage is/has been added or deleted to the
previously approved plan or development;
Not applicable.
C. A proposed amended development order deadline for
commencing physical development of proposed changes, if
applicable;
Not applicable.
d. A proposed amended development order termination date that
reasonably reflects the time required to complete the
development;
December 30, 1997.
e. A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be subject to down -zoning, unit density reduction, or
intensity reduction, if applicable; and
December 30, 1997.
f. Proposed amended development order specifications for the
annual report, including the date of submission, contents,
and parties to whom the report is submitted as specified in
Subsection 9J-2.025(7), F.A.C.
Not applicable.
A
91-- 698
9
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE
OF
CHANGE
PROPOSED
ORIGINAL
PREVIOUS
D.O.
LAND
USE
CATEGORY
PLAN
PLAN
CHANGE +
DATE
Attraction/ # Parking Spaces
N/A
N/A
N/A
Recreation # Spectators
N/A
N/A
N/A
# Seats
6,500
3,400
N/A
Site locational changes
N/A
N/A
N/A
Acreage, including
drainage, ROW, easements.
N/A
N/A
N/A
# External Vehicle
Trips
14
(PM peak) 7 (PM peak)
N/A
D.O. conditions
see
attachment D
ADA representation
see
attachment D
Airports Runway (length)
N o
t A p p l i c a b l
e
Hospitals
Runway (strength)
Terminal (gross square feet)
Site locational changes
Airport Acreage, including
drainage, ROW, easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
# Beds N o t A p p l i c a b l e
# Parking Spaces
Building (gross square feet)
Site locational changes
Acreage, including
drainage, ROW, easements, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
7
I
Attachment
Attachment A
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
Industrial Acreage, including
drainage, ROW, easements. N o t
# Parking Spaces
Building (gross square feet)
# Employees
Chemical storage
(barrels and lbs.)
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
A p p l i c a b l e
Mining Acreage mined (year)
N o t A p
p l i c a b
l e
Operations Water Withdrawal (Gal/day)
Size of Mine (acres), including
drainage, ROW, easements,
etc.
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Office Acreage, including
drainage, ROW, easements.
N/A
N/A
N/A
Building (gross square feet)
6,919,550
7,100,000
N/A
# Parking Spaces
N/A
N/A
N/A
# Employees
N/A
N/A
N/A
Site locational changes
N/A
N/A
N/A
# External Vehicle Trips
4,142
4,250
N/A
(PM peak)
(PM peak)
D.O. conditions
see attachment D
ADA representations
see attachment D '
8
Attachment A
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
Petroleum/Chem.
Storage Capacity
Storage
(barrels and/or lbs.)
N o t A p p l i c a b l e
Distance to Navigable
waters (feet)
Site locational changes
Facility Acreage, including
drainage, ROW, easements,
etc.
# External Vehicle Trips
D.O. conditions
..
ADA representations
Ports (Marinas)
# boats, wet storage
N o t A p p l i c a b l e
# boats, dry storage
Dredge and fill (cu. yds.)
'
Petroleum storage (gals.)
Site locational changes
Port Acreage, including
`
drainage, ROW, easement, etc.
# External Vehicle Trips
D.O. conditions
ADA representations
`I
Residential
# dwelling units
N o t A p p l i c a b l e
Type of dwelling units
# lots
ct>
Acreage, including
drainage, ROW, easements,
etc.
Site locational changes
# External Vehicle Trips
D.O. conditions
,
9
...... ..... .,
Attachment A
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
Wholesale,
Acreage, including
Retail,
drainage, ROW, easements.
N o
t A p p l i c a
b l e
Service
Floor Space (gross square feet)
# Parking Spaces
# Employees
Site locational changes
# External Vehicle Trips
D.O. conditions
ADA representations
Hotel/Motel
# Rental Units
1,500 1,000
N/A
Floor Space (gross sq. ft.)
N/A
N/A
N/A
# Parking Places
N/A
N/A
N/A
# Employees
N/A
N/A
N/A
Site locational changes
N/A
N/A
N/A
Acreage, including drainage,
ROW, easements, etc.
N/A
N/A
N/A •
# External Vehicle Trips
303
(PM peak)202 (PM
peak)N/A
D.O. conditions
see
attachment D
ADA representations
see
attachment D
10
kiPiili�iMrii�iiii'I�iililiYl�ritiii4iiiiiiird ..r•��•••••r••�+
wrr
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
Open Space Acreage
(All natural Site locational changes
and vegetated Type of open space
non -impervious D.O. conditions
surfaces) ADA representations
Preservation, Acreage
Buffer of Special Site locational changes
Protection Areas Development of site proposed
D.O. conditions
ADA representations
N o t A p p l i c a b l e
N o t A p p l i c a b l e
Attachment
E
Note: If a response is to be more than one sentence, attach a detailed description of each
proposed change and copies of the proposed modified site plan drawings. The Bureau may request
additional information from the developer or his agent.
Downtown DF.i Status Report
A. Current Status of Increment I Development Credit Account:
Attachment B
Cate: 06 111,91
Total
Reserved
Reserved
Credits
Unreserved
Allowable
With
with Bldg
Assigned
Development
Land Use Development
MUSP
Permits
With CO
Credits
Office(GSF) 7,100,000
1194989
193500
0
5711511
Retail(GSF) 1,050,000
394677
6000
0
649323
Convention(GSF) 500,000
0
0
0
500000
Institutional(GSF) 300,000
0
0
0
300000
Wholesale(GSF) 1,050,000
0
0
0
1050000
Hotel(Rooms) 1,000
614
0
0
386
Residential(Units) 3,550
100
0
0
3450
Recreation(Seats) 3,400
0
0
0
3400
B. Proposed and/or Pending Applications for Development Credits:
Land Use Units of Development
Office (GSF) 803600
Retail/Service (GSF) 47410
Convention (GSF) 0
Institutional (GSF) 0
Wholesale/Industrial (GSF) 0
Hotel (Rooms) 217
Residential (Units) 0
Attraction/Recreation (Seats) 0
Number of individual developments: 3
C. Aggregate Exclusions approved To Date:
Land Use Units of Development
Office (GSF) 2848
Retail'Service (GSA, 8.500
Convention (GSF'
Institutional (r-Sc7', C
i;holesale'Industrial .GSF) n
Hotel (Rooms)
Residential (Units) n
Number Of inn a;r-ar4nmc rLhr,:f-aei ,e ^a`e
�a'e=r_: CP,I co-` ; o aG- i : -able 30
Category- - New Deve i opment 1
rareoory - _ Net IJc-, rleve , ^-r nmen . 1^
L
E. Supplemental Fees Collected To Date:
Administration $122,249.60
Recovery $117,361.20
Transportation S257,086.02
Air Quality S10,899.87
Total S507,596.69
91-- 698
Status Report Downtown DRI - Paoe 2.
F. Demolitions:
Land Use Units of Development
Attachment B
Date: 06 11 1 91
Office (GSF)
0
Retail/ Service (GSF)
0
Convention (GSF)
0
Institutional (GSF)
0
Wholesale/Industrial (GSF)
0
Hotel (Rooms)
0
Residential (Units)
0
Attraction/Recreation (Seats)
0
G. Currently Pending Applications for Development Credits:
Net New
Status
Project
Address
Square Footage
Reserved Expired
Gran Central
Nth 1 St
529671
X
Brickell Gateway
1400 Brickell Ave
1467341
X
1111 Brickell
1111 Brickell Ave
235572
X
Downtown Food Ct
315 NE 2 Ave
11500
Zaminco-Columbus
10 Biscayne Blvd
820000
1401 Brickell Ave
1401 Brickell Ave
13000
Riverside Plaza
400 SW 2 Ave
199500
X.
State Plaza
400 NW 1 Ave
100143
1229 Biscavne
1229 Biscavne Blvd
3000
91- 698
1 13.21
Z
DEVELOPMENT MPACT FEES
and remain in full force and effect without limi-
tation with respect to all such development. (Ord.
No. 10426, § 2. 4.28.88)
Sec. 13.22. Impact fee as additional and sup-
plemental requirement.
The.tity development impact fee is additional
and supplemental to, and not in substitution of,
any other requirements imposed by the city on
the development of land or the issuance of build-
ing permits. It is intended to be consistent with
and to further the objectives and policies of the
comprehensive plan, the zoning ordinance, and to
be coordinated with the city's capital improvement
program. and other city policies, ordinances and
resolutions by which the city seeks to ensure the
provision of public facility improvements in con-
junction with the development of land. In no event
shall a property owner be obligated to pay for the
same improvements in an amount in excess of the
amount calculated pursuant to this chapter; pro-
vided, however that a property owner may be
required to pay, pursuant to Metropolitan Dade
County. State of Florida and/or city regulations,
for other public facility improvements in addition
to the impact fee -related improvements as speci•
Pied herein. (Ord. No. 10426. § 2, 4.28.88)- 1
Secs. 13-23-13-40. Reserved.
ARTICLE II. DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE•
Sec. 13-41. Short title.
This article shall be known and cited as the
"City of Miami Downtown Development Supple-
mental Fee Ordinance." (Ord. No. 10461, § 1,
14-88) .
'Editor's note —Ord. No. 10461 enacted provisions impos•
ing the downtown development supplemental fee, which were
numbered 13.A•1-13.A-15. For purposes of classification, the
editor has added these provisions to ch. 13, numbering theun
1341-13.55. The exhibits referred to in this article are not,
reproduced in the Code: they can be found on file in city
records to the office of the city clerk.
Supp. No. 30
Sec. 1342. Intent.
Attachment C
§ 1343
This article is intended to impose the down•
town development supplemental fee as a suppie•
mental fee on new development within the down-
town DRI project area, utilizing the defined terms
in section 13.43. The downtown development sup-
plemental fee comprises four (4) components in-
cluding a transportation mitigation fee, an air
quality fee, a DRI/master plan recovery -fee and
an administration fee. The downtown development
supplemental fee is payable prior to the time of
building permit issuance or upon application for
certain permits, as provided for herein, in an amount
based upon the appropriate units of land use. to
order to mitigate the impacts of the proposed de-
velopment in the project area as described in ex-
hibit 1, since the demand for the mitigation is
uniquely attributable to such new development
and net new development on an area wide basis.
This article shall be uniformly applicable to all
new development and net new development within
the project area. This fee shall not be applicable
to any activity which is not classified as "new
development" or "net new development" as de-
fined herein or which has, on the effective date of
the downtown DRI development orders, a valid
building permit or currently effective DRI devel-
opment order. (Ord. No. 10461. § 1, T, -14-88)
Sec. 13-43. Definitions.
As used in this article. the following words and
terms shall have the following meaning, unless
another meaning is plainly intended:
ADA or application for development approt-c:
shall mean the original application for develop.
ment approval for the downtown Miami project
area filed by the DDA on November 25, 1986.
pursuant to Florida Statutes, section 380.06(198 7 ' .
Administration fees small mean a fee charged to
all new development to pay for the city's admin-
istrative costs for enforcing the terms and condi.
tions of the downtown development orders. includ.
ing but not limited to preparation of ordinances
and procedures, review of pernut applications, moni-
toring compliance with requirements. and enforc.
ing violations, and which shall be a component of
the downtown development supplemental fee.
885
91- 698
1343
MIAN1I CODE
Air quality fees shall mean a fee charged to all
net new development to pay for the for the city's
costs for air quality monitoring, modeling and
mitigation measures as required in the increment I
development order for downtown Miami: and which
shall be a component of the downtown develop.
ment supplemental fee.
Applicant shall mean an individual, corporation.
business trust, estate, trust, partnership, associa-
tion, two (2) or more persons acting as co -applicants,
any county or state agency, any other legal enti.
tv, or the authorized representative of any of the
aforementioned, signing an application for a build-
ing permit.
Attractconsirecreation use shall mean theaters,
performance halls, sports arenas, museums, and
similar cultural, entertainment, or recreational
facilities.
Building permit shall mean any permit required
for new construction and additions pursuant to
Section 301 of the South Florida Building Code
CADA or consolidated application for develop-
ment approval shall mean the revised ADA pre-
pared pursuant to the requirements of section
380.06, Florida Statutes (1987).
Certificate of occupancy shall mean a perma-
nent or temporary and/or partial certificate of
occupancy issued, pursuant to Section 307 of the
South Florida Building Code.
City shall mean the City of Miami. Florida.
Class C special permit shall have the meaning
given within city Ordinance No. 9500, as amend-
ed. the zoning ordinance for the City of Miami.
Commission shall mean the city commission of
Miami. Florida.
Comprehensive plan shall mean the city's plan
for future development adopted by city Ordinance
No. 10167. and as may be amended and updated
from time to time.
Convention use shall mean meeting rooms, ban-
quet halls. exhibition halls, auditoriums, and their
auxiliary spaces intended for use by conventions,
seminars, exhibitions, and the like; which shall
exceed the minimum standard for ancillary facil-
ities within the definition of "hotel use."
Supp. No. 30
Attachment C
4 1343
DDA or Downtown Development Authority shtill
mean the Downtown Development Authority of
the City of Miami, Florida.
Downtown development supplemental fee shall
mean a fee charged to new development in the
project area comprised of components including.a
transportation mitigation fee, an air quality fee.
an administration fee, and a DRI/master plan re-
covery fee which are assessable to the new devel-
opment according to the provisions of this article.
Downtown development supplemental fee coeffi-
cient shall mean the charge per unit of land use
as calculated for each component of the downtown
development supplemental fee.
DO or downtown development order shall mean
the master and/or increment I development or-
ders for downtown Miami as a development of
regional impact, issued by the city on December
10. 1987, by resolution numbers 87-1148 and
87.1149.
DRI shall mean development of regional impact.
DRI/master plan recovery fee shall mean a fee
charged to all new development to reimburse the
city for costs incurred in the DRL'master plan
study and future related studies in accordance
with the CADA and the downtown DRI develop-
ment orders: and which shall be a component of
the downtown development supplemental fee.
DU or dwelling unit shall have the meaning
given to "dwelling unit" in the zoning ordinance.
Hotel use shall mean any facility containing
more than one (1) "lodging unit." as defined in
the zoning ordinance; and may include meeting
and banquet facilities and convenience goods and
services for hotel guests, provided that the total
of such ancillary facilities shall not exceed fifteen
(15) percent of the gross square footage of the
proposed hotel.
Institutional use shall mean hospitals. univer-
sities. schools, and post offices.
MUSP or major use special permit shall mean a
special permit issued by the city commission pur-
suant to Ordinance No. 9500, the zoning ordinance
of the City of Miami, as amended.
886
NZIM:1
Ig
S 1343
DEVELOPMENT IMPACT FEES
Net new development shall mean any develop-
ment which will result in a net increase, within
any parcel of land, of residential dwelling units,
hotel rooms. seats in attractionsirecreation facili.
ties or gross square footage for office, government
office, retail/service, convention. wholesalei industrial
or-tnstitutional uses. Land uses to be removed by
demolition of a building or structure may be cred.
ited against the proposed new land uses for pur-
poses of calculating the net increase, if the plan.
ning director determines that there was a valid
certificate of occupancy existing on the effective
date of the development order for the land uses to
be demolished. If a change of land use is pro•
posed, the planning director may credit the prior
land use against the proposed land use based upon
equivalent impacts as measured by PM peak hour
external motor vehicle trip generation. Any ac-
tivity which has on the effective date of the de-
velopment order a valid building permit or any
currently effective development order shall not
be included as net new development. The plan•
ning director may exclude from net new devel•
opment any small development under ten thou-
sand (10,000) square feet in gross floor area, if
heishe finds that such development would have
no regional impact as measured by PM peak hour
external motor vehicle trips. Net new development
shall be considered to be a subset of "new devel•
opment" as defined herein.
New development shall mean any new construc-
tion. or development which will result in an in-
crease. within any parcel of -land. of residential
dwelling units, hotel rooms, seats in attractionst
recreation facilities, or gross square footage for
office, retailiservice, convention, wholesale/
industrial. or institutional uses. The term "new
development" as used herein shall not be deemed
to include remodeling, rehabilitation, or other im-
provements to an existing structure, provided that
there is not a change in land use and/or not an
increase of more than one thousand (1,000) square
feet in gross floor area resulting therefrom. If a
change of land use is proposed within an existing
structure, the planning director may credit the
prior land use against the proposed land use based
upon equivalent impacts as measured by PM peak
hour external motor vehicle trip generation.
Supp. No. 30
Attachment C
13.43
Office use shall mean space for the conduct of
the administrative functions of government or busi-
ness and professional activities not including sales
of merchandise of the premises, and not including
personal services as defined herein under "retail.
service use."
Parcel of land shall mean, pursuant to chapter
380, Florida Statutes, any quantity of land capa-
ble of being described with such definiterress 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.
PM peak hour external motor vehicle trips means
the average number of trips per hour during the
afternoon peak period from 4:00 to 6:00 p.m. gen.
erated by motor vehicles, excluding public transit
vehicles, that have either an origin or a destina-
tion within the project area.
Project area shall mean the area included within
the legal description in exhibit 1, including all
property within the boundaries of the Downtown
Development Authority, with the exception of that
area between NE/NW Sth Street and I.395 known
as "Park West."
Residential use shall mean any "dwelling units"
as defined in the zoning ordinance.
Retail/service use shall mean space for the sale
of merchandise. eating andior drinking establish-
ments, and personal services such as but not lim-
ited to hair salons, travel agencies, laundries, dry
cleaners. bank tellers. photographers. shoe repair.
tailoring, etc.
Room shall have the meaning given to "lodg-
ing unit" in the zoning ordinance.
SF, gross square feet, or gross square footage
shall have the meaning given to "floor area" in
Section 2012.3 of the zoning ordinance.
887
Site shall mean a legally described parcel of
property capable of development pursuant to ap-
plicable city ordinances and regulations.
Total allowable development shall mean the quan-
tity of net new development for which certificates
of occupancy may be issued under the terms and
91-- 698
15
LI
4 13.43
MI:AMI CODE
conditions of the development order, as may be
modified pursuant to Florida Statutes, section
380.06(19) (1987).
Transportation mitigation fee shall mean a fee
charged to all net new development to pay for
improvements to mitigate for impacts on the re-
gional transportation system in accordance with
requirements of the CADA and the increment I
development order for downtown Miami; and which
shall be a component of the downtown develop.
ment supplemental fee.
Wholesaleiindustrtal use shall mean manufac-
turing, wholesale trade, warehousing and storage,
printing, automotive and heavy equipment repair.
and other general commercial uses permitted within
CG-2 districts in the zoning ordinance.
Zoning ordinance shall mean city Ordinance
No. 9500, as amended, or a successor ordinance,
the zoning ordinance of the City of Miami. (Ord.
No. 10461, § 1, 7.14-88)
Sec. 13-44. Authority.
The city commission is authorized to establish
and adopt a downtown development supplemen-
tal fee pursuant to the authority granted by the
Florida Constitution, Article VII, Sections 1(f),
1(g) and 2(b), the Municipal Home Rule Powers
Act, Florida Statutes, chapter 166 (1985), the city
Charter, the Local Government Comprehensive
Planning and Land Development Regulation Act
Florida Statutes, section 163.3161, amended by
Florida Statutes, section 163,3177 in 1986) and
the downtown Miami development of regional im-
pact development order issued December 10, 1987.
by resolution numbers 87.1148 and 87-1149. The
provisions of this article shall not be construed to
limit the power of the city to adopt such article
pursuant to any other source of authority nor to
utilize any other methods or powers otherwise
available for accomplishing the purposes set forth
herein, either in substitution of, or in conjunction
with this article. (Ord. No. 10461. § 1, 7.14-88)
Sec. 13-45. Imposition of fee.
No building permits or major use special per-
mits shall be issued for any new development as
herein defined unless the applicant therefor has
Supp. No. 30
Attachment C
1 13-46
paid the downtown development supplemental fee
imposed by and calculated pursuant to this arti•
cle. (Ord. No. 10461, § 1, 7.14.88)
Sec. 13-46. Downtown development supple-
mental fee coefficients.
(a) Following shall be the coefficients by land
use for each of the four (4) components of the
downtown development supplemental fee.
Table 1. Fee Coefficients
(per gross square footage of floor area)
DALIkeater ON
7�'Gmpereanen Plan Adn,snuers rota! Fee
Lend Use .M,npeeon Air Qwhey Recowry lion Coel)7avne
OMM $0.732 $0.031 90.048 10.030 10.8e1
Retaulirrv,o so.ass 110.027 10.048 $0.060 90.760
Coneenuen w.139 WON $0.046 $0.030 $0.243
Institutional $1.620 110.0ee $0.048 110.050 $1'8e
Wtole.alo
,nduatrtal 110.162 110.007 110.0441 90.050 $o 267
Howl $0.2631 90.013, $0.048 $0,050 $0.46e1
taadanuai $0.174P 90.0071 $0.04e $0.030 10.281,
Romiltion $0.12e1 $0.006' 90.046 90.050 so.22V
Notes:
' These fee coefficients for hotel use are based upon an
assumed average of 700 SF per hotel room, and shall be
adjusted for each development based upon a transporta-
tion mitigation fee of $247.004 per room and an air qual-
ity fee of 310.478 per room.
' These fee coefficients for residential use are based upon
an assumed average of 1000 SF per DU, and shall be
adjusted for each development based upon a transporta-
tion mitigation fee of 3166.368 per DU and an air quality
fee of 37.057 per DU.
' These fee coefficients for attractions+ recreation use are
based upon an assumed average of 20 SF per seat and
shall be adjusted for each development based upon a
transportation mitigation fee of 32.517 per seat and an
air quality fee of 50.107 per seat.
(b) The proportionate share for each unit of land
use is calculated as follows:
(1) Transportation mitigation. The increment I
development order requires a fee of seven
million, five hundred forty-three thousand.
four hundred nineteen dollars t$7,543.419.00)
(in 1987 dollars) to mitigate the regional trans-
portation impacts of total allowable develop-
ment. This fee was derived from estimated
888
91- 698
02
4 1346
DEVELOPMENT 111PACT FEES
improvements necessary to maintain the min-
imum level of service standard on regional
roadways impacted by total allowable devel.
opment (see exhibit 2). The regional trans-
portation mitigation fee of seven million, five
hundred forty-three thousand, four hundred
nineteen dollars ($7,543,419.00) is distributed
ambng units of land use in total allowable
development based upon the average rate of
generation of PM peak hour external motor
vehicle trips, as utilized in the CADA (see
exhibit 3).
(2) Air quality. The increment I development order
requires the city to perform monitoring and
modeling for future carbon monoxide (CO)
concentrations, and to take appropriate ac-
tions to prevent violations of the minimum
standard for CO concentrations. The city es-
timates its total cost for compliance with the
air quality requirements of the increment I
development order to be three hundred twenty
thousand dollars ($320,000.00) (see exhibit 4),
which is distributed among units of land use
in total allowable development based upon
the average rate of generation of PM peak
hour external motor vehicle trips, as utilized
in the CADA (see exhibit 5).
(3) DRLImaster plan recovery. The total cost to
the city for preparing the downtown DRI, mas.
ter plan and related studies is estimated to
be seven hundred thousand dollars 4700.000.00).
which shall be distributed equally among all
new development on the basis of gross square
footage of floor area. The total amount of new
development is estimated to be fourteen mil-
lion, five hundred thousand (14.500.000) SF
during the time that the increment I devel-
opment order is in effect.
(4) Administration. The administrative cost to
the city for enforcing the requirements of the
development order is estimated to be one hun-
dred forty-five thousand dollars ($145,000.00)
per year or a total of seven hundred twenty-
five thousand dollars tS725.000.00) dunng the
five (5) years that the increment I development
order is projected to be in effect. These ad-
ministrative costs shall be distributed equally
among all new development on the basis of
Supp. No. 30
889
Attachment C
§ 1348
gross square footage of floor area. The total
amount of new development is estimated to
be fourteen million, five hundred thousand.
(14,500,000) SF during the time that the in-
crement I development order is in effect. (Ord.
No. 10461, § 1, 7.14-88)
Sec. 13.47. Procedure for calculation of down-
town development supplemental
fee.
Upon receipt of an application for a building
permit or a MUSP for a new development, the
planning department shall determine the amount
of the downtown development supplemental fee
due pursuant to the following procedure:
(1) Determine whether the development is exempt
by virtue of the conditions specified herein;
(2) Determine the applicable land use(s) based
upon the applicant's intended use and the
design and configuration of the space, and in
the event that a proposed use is not included
in one of the land use categories defined here-
in, apply the defined land use category most
similar to the proposed use in terms of the
average rate of generation of PM peak hour
external motor vehicle trips;
(3) Calculate the gross square footage, number
of dwelling units, number of hotel rooms. and
number of seats in attractions/recreation fa-
cilities as appropriate for each land use;
(4) 1Y.ltiply the appropriate units of each land
use in the development by the appropriate
downtown development supplemental fee
coefficients;
(5) Upon written request of the applicant, review
and reduce the amount of downtown devel.
opment supplemental fee calculated, if appro-
priate. (Ord. No. 10461, § 1. 7.14-88)
Sec. 13.48. Administration of downtown de-
velopment supplemental fee.
(a) Collection of downtown development supple-
mental fee. Downtown development supplemental
fees due pursuant to this article for administra-
tion fees and DRI/master plan recovery fees shall
be collected by the planning department at the
91- 698
R
13.48
`M.% CODE
time of application for a MUSP, or if a MUSP is
not required, at any time prior to issuance of a
building permit. Downtown development sup•
plemental fees due pursuant to this article for
transportation impacts and air quality impacts
shall be collected by the planning department at
any time prior to issuance of a building permit.
(b) Transfer of funds to finance department Upon
receipt of downtown development supplemental
fees, the planning department shall transfer such
funds to the city finance department which shall
be responsible for placement of such funds into
separate accounts as hereinafter specified. All such
funds shall be deposited in interest -bearing ac-
counts in a bank authorized to receive deposits of
city funds. Interest earned by each account shall
be credited to that account and shall be used solely
for the purposes specified for funds of such account.
(c) Establishment and maintenance of accounts.
The city finance department shall establish sepa.
rate accounts and maintain records for each such
account, whereby downtown development supple-
mental fees collected can be segregated by each of
the four (4) fee components: Transportation miti-
gation fees, air quality fees. DRI/master plan re-
covery fees, and administration fees.
(d) Maintenance of records. The city finance de-
partment shall maintain and keep adequate fi•
nancial records for each such account which shall
show the source and disbursement of all revenues,
which shall account for all moneys received; and
which shall ensure that the disbursement of funds
from each account shall be used solely and exclu.
sively for the provision of projects specified in the
downtown development orders. the administration
fee and the. DRUmaster plan recovery fee. In con.
nection with capital improvement projects, funds
may be used for planning, design, construction.
land acquisition. financing, financial and legal
services. and administrative costs.
(e) Refund of downtown development supplemen-
tal fee.
(1) The current owner of property on which a
downtown development supplemental fee for
transportation mitigation and air quality has
been paid may apply for a refund of such fee
if: the city has failed to encumber or spend
Supp. tio. 30
a
Attachment C
the collected fees by the end of the calendar
quarter immediately following six (6) years
of the date of payment of the fee; or the build•
ing permit for which the transportation mit•
igation or air quality fee has been paid. has
been terminated or expired for noncommence-
ment of construction; or the project for which
a building permit has been issued has been
altered resulting in a decrease in the amount
of the transportation mitigation or air qual-
ity fee due. Downtown development supple•
mental fees paid for administration and
DRI/master plan recovery are not refundable.
(2) Only the current owner of property may peti.
tion for a refund. A petition for refund shall
be filed within one (1) year of any of the
above specified events giving rise to the right
to claim a refund.
(3) The petition for refund shall be submitted to
the city manager or his duly designated agent
on a form provided by the city for such pur-
pose. The petition shall contain: a notarized
affidavit that petitioner is the current owner
of the property; a certified copy of latest tax
records of :Metropolitan Dade County show•
ing the owner of the subject property; a copy
of the dated receipt for payment of the fee
issued by the city's planning department; and
a statement of the basis upon which the re-
fund is sought.
4) Within one i 1) month of the date of receipt of
a petition for refund, the city manager or his
duly designated agent must provide the peti-
tioner, in %-citing, with a decision on the re-
fund request. The decision must include the
reasons for the decision including, as may be
appropriate, a determination of whether the
collected fees have been encumbered or spent
in accordance with the requirements of this
article. If a refund is due to the petitioner.
the city manager or his duly designated agent
shall notify the city's finance director and
request that a refund payment be made to
the petitioner.
(5) Any money returned pursuant to this subsec-
tion shall be returned with interest at the
rate of three (3) percent per annum.
890
91-- 698
Attachment C
5 13-48 DEVELOPMENT IMPACT FEES ; 13.52
(6) Petitioner may appeal the determination of
the city manager to the impact fee board of
review subject to the time limitations and
procedures for appeals to that board set forth
in section 13.16 of the City Code.
(f) Annual review and modification. The city
shall annually review downtown development sup-
plemental fee ordinance procedures, assumptions,
formulas, and fee assessments and make such
modifications as are deemed necessary as a result
of:
(1) Development occurring in the prior year;
i2) amendments to the development order:
13) Changing needs for facilities and/or services;
(4) Inflation and other economic factors;
(5) Revised cost estimates for public improvements
and/or services;
(6) Changes in the availability of other funding
sources;
(7) Such other factors as may be relevant. (Ord.
No. 10461, § 1, 7-14.88)
Sec. 13-49. Bonding of capital improvement
projects.
The city may issue bonds, revenue certificates
and other obligations of indebtedness in such man-
ner and subject to such limitations as may be
provided by law, in furtherance of the provision
of downtown development supplemental fee related
projects. Funds pledged toward retirement of bonds.
revenue certificates or other obligations of indebt-
edness for such projects may include impact fees
and other city revenues as may be allocated by
the city commission. Fees paid pursuant to this
article, however, shall be restricted to use solely
and exclusively for the purposes of the article and
for financing, directly, or as a pledge against bonds.
revenue certificates and other obligations of in-
debtedness. (Ord. No. 10461, § 1. T-14-88)
Sec. 13.50. Appeal procedures; impact fee
board of review.
The downtown development supplemental fee
ordinance hereby incorporates by reference the
Supp. No. 30
891
1
appeals board and procedure as set forth in sec.
tions 13.16. 13.17, 13.18, 13.19 and 13.20 of the
City Code and hereby establishes their aoolica•
bility for any appeals undertaken pursuant to
this article. (Ord. No. 10461, § 1, 7.14.88)
Sec. 13.51. Effect of downtown development
supplemental fee on planning, zon.
ing, subdivision, and other regula-
tions.
This article shall not affect, in any manner, the
permissible use of property, density of develop•
ment. design and improvement standards and re-
quirements or any other aspect of the develop•
ment of land or provision of public improvements
subject to the city's comprehensive plan, zoning
regulations, subdivision regulations, or other regu-
lations of the city, all of which shall be operative
and remain in full force and effect without limi-
tation with respect to all such development. (Ord.
No. 10461, § 1, 7.14-88)
Sec. 1352. Downtown development supple-
mental fee as additional and sup•
plemental requirement.
The City of Miami downtown development sup-
plemental fee is additional and supplemental to
and not in substitution or duplication of any other
requirements imposed by the city on the devel.
opment of land or the issuance of building per.
mits. It is intended to be consistent with and to
further the objectives and policies of the down•
town development order, the comprehensive plan.
the zoning ordinance. and to be coordinated with
the city's capital improvement program and other
city policies, ordinances and resolutions by which
the city seeks to ensure the provision of public
facility improvements and services in conjunction
with the development of land. In no event shall a
property owner be obligated to pay for the same
improvement(s) in an amount in excess of the
amount calculated pursuant to this article; pro•
vided, however, that a property owner may be
required to pay, pursuant to Metropolitan Dade
County, state. and/or city regulations. for other
public facilities in addition to the supplemental
fee related improvements as specified herein. (Ord.
No. 10461, § 1, 7.14.88)
91- 698
Attachment C
5 13.53 `IIAMI
CODE
4 13.55
Sec. 13.53. Conflicting ordinances.
pacts of the non-DRI scale cumulative growth
All ordinances, code sections, or parts thereof
on the downtown area;
in conflict herewith are hereby repealed to the
(4)
DeveIopment within the project area is ex.
extent of such conflict. (Ord. No. 10461, § 1, 7.14-88)
pected to continue to be accomplished over
an extended period of time by a variety of
Sec. 13-54. Severability.
developers, which may include the city. These
In the event that any portion or section of this
developers may respond to market demand
and technologies that can only be estimated
article or the development orders for downtown
,
in the CADA. The CADA and the DO are
Miami is determined to be invalid, illegal, or
intended to serve as flexible guides for
unconstitutional by a court or agency of compe-
planned development of the project area
tent jurisdiction, such decision shall in no man-
rather than a precise blueprint for its de.
ner affect the remaining portions of this article or
velopment. Therefore, pursuant to Florida
the development orders for downtown Miami, which
Statutes, section 380.06(21)(b) (1987), the
shall remain in full force and effect. (Ord. No.
CADA seeks master development approval
10461, § 1, 7-14.88)
for three (3) increments of development over
Sec. 13-55. Findings.
a period of approximately twenty (20) years
and specific development approval for in -
The city commission of Miami, Florida (herein-
crement I. which is the first phase of de -
after "commission") hereby finds and declares that:
velopment projected for a period of approx-
imately five (5) years. Subsequent incremen•
(1) The real property which is the subject of
tal applications may need to be adjusted to
this article. the project area, is legally de -
more nearly serve the evolution of market
scribed in exhibit 1;
demand and technologies:
(2) The DDA has filed a CADA with the city.
(5)
The project area contains a total of approx-
the South Florida Regional Planning Coun.
imately eight hundred thirty-nine (839) acres,
cil. and the Florida Department of Com•
including approximately seventy-eight (78)
munity Affairs;
acres presently zoned and developed as city
°
3) The purpose of the CADA is to identify and
parks. The CADA has proposed a quantity
assess regional impacts and to obtain ap•
of net new development within the project
proval for total allowable development in
area for the land uses and phases defined
accordance with the general guidelines set
herein as total allowable development;
forth in the development orders and the
(6)
A comprehensive assessment of the proba-
CADA. The city has recognized the project
ble impacts that will be generated by the
area as a single area of high intensity de•
total allowable development has been con-
velopment and focused on the impacts that
ducted by various city departments, as re -
the total allowable development within the
flected in the CADA, and as reviewed by
project area will have on land, water, trans-
the South Florida Regional Planning Coun•
portation. environmental, community ser•
cil staff;
vices, energy and other resources and sys•
terns of regional significance. The CADA
(7)
The impacts found in the development order
seeks a single state DRI review process for
are consistent with the report and recom-
overall phased development of the down.Planning
mendations of the South Florida Regional
town area rather than requiring each indi-
Council, entitled "Development
vidual DRI scale development within the
of Regional Impact Assessment for Down -
downtown
— ! downtown area to be reviewed separately
Miami," dated October 5, 1987;
other than for a major use special permit
(8)
Net new development imposes demands upon
and as a means of accommodating the im•
public facilities and services benefiting the
} Supp. So 30
892
1
6 13.55
DEVELOPMENT IMPACT FEES
region and requires additional regional
infrastructure;
(9) To the extent that net new development
places demands upon regional public facil-
ities and services, those demands should be
satisfied by developments actually creating
the demands;
(10) The limiting factors determining the amount
of potential development in the project area
are the effects of net new development on
transportation facilities and air quality.
(11) The downtown DRI and the downtown mas-
ter plan are of benefit to all new develop-
ment in the project area and expenses in-
curred by the city in connection with the
preparation and adoption of the downtown
DRLmaster plan and for the enforcement
of the development orders should be reim.
bursed to the city by the new development
benefiting therefrom.
(12) The total amount of the downtown devel-
opment supplemental fee is determined by
the cost of the four (4) components of the
fee: 1) transportation mitigation fee; 2) air
quality fee; 3) downtown DRLmaster plan
recovery fee; and 4) administration fee. The
most appropriate measure to distribute the
proportionate share of the cost of the trans-
portation mitigation fee and the air qual-
ity fee shall be the average rate of genera-
tion of PM peak hour external motor vehi-
cle trips for net new development in each
land use category, as utilized in the CADA.
DRLmaster plan recovery fees and admin-
istration fees are most appropriately allo-
cated to all new development at an equal
rate for all land use categories.
(13) The downtown development supplemental
fee is being imposed on all new develop-
ment in order to pay the costs of certain
development order related requirements, as
described above. Since the demand for such
development order related requirements are
uniquely created by the new development,
the downtown development supplementary
fee is equitable and does not impose an
unfair burden on such development is in
Supp. No. 30
Attachment C
$ 13.62
the best interest of the city and its resi.
dents. (Ord. No. 10461, 3 1, 7.14-88)
Secs. 13-56-13-60. Reserved.
ARTICLE III. SOUTHEAST OVERTOVIWN,
PARK WEST DEVELOPMENT
SUPPLEMENTAL FEE*
Sec. 13.61. Short title.
This article shall be known and cited as the
"City of Miami Southeast OvertowrvPark West
Development Supplemental Fee Ordinance." (Ord.
No. 10465. 3 1, 7.21.88)
Sec. 13.62. Intent.
This article is intended to impose the Southeast
OvertowniPark West development supplemental
fee as a supplemental fee on a new development
within the Southeast OvertowrvPark West project
area, utilizing the defined terms in section 13.66.
below. The Southeast OvertowniPark West devei-
opment supplemental fee comprises four (4) com-
ponents including a transportation mitigation fee.
an air quality fee. a DRLmaster plan recovery fee
and an administration fee. The Southeast Overtown
Park West development suppiemental fee is pay•
able prior to the time of building permit issuance
or upon approval of certain permits, as provided
for herein, in an amount based upon the appro•
priate units of land use. in order to mitigate the
impacts of the proposed development in the project
area as described in exhibit 1, since the demand
for the mitigation is uniquely attributable to such
new development and net new development on an
area wide basis.
893
This article shall be uniformly applicable to ail
new development and net new development within
the project area. However, certain fees applicabie
'Editor's note —Ord. No. 10465 enacted provisions reiat•
ing to the Southeast OvertowniPark West development Sup-
plemental fee. numbered as 13.B.1-13.B•13. For purposes of
classification. the editor has included this material as art. M
of ch. 13. numbenng it 13.61-13.7 3. The exhibits referred to
in this article are not reproduced in the Code but can be found
on file in the office of the city clerk.
91-- 698
as
Attachment C
1 13.14 DEVELOPMENT MPACT FEES 1 13.16
Sec. 13-14. Administrative fees.
Expenses to be incurred by the city in connec-
tion with the administration of the development
impact fee ordinance have been estimated and
budgeted and have been determined to be of ben-
efit to the properties therein and shall be reim-
bursed to impact fee administration fund of the
city out of the revenues accruing through the
imposition of a service charge in the amount of
three (3) percent of the impact fee due. The nonre-
fundable service charges are in addition to and
shall be paid separately from the assessment but
shall be payable at the time of application for the
building permit and shall be for the sole purpose
of defraying expenses as provided herein. (Ord.
No. 10426, § 2, 4.28.88)
Sec. 13-15. Bonding of capital improvement
projects.
The city may issue bonds, revenue certificates
and other obligations of indebtedness in such man-
ner and subject to such limitations as may be
provided by law, in furtherance of the provision
of impact fee -related projects. Funds pledged to-
ward retirement of bonds, revenue certificates or
other obligations of indebtedness for such projects
may include impact fees and other city revenues
as may be allocated by the city commission. Im-
pact fees paid pursuant to this chapter, however,
shall be restricted to use solely and exclusively
for financing, directly, or as a pledge against bonds,
revenue certificates and other obligations of in-
debtedness for, the cost of additional facilities pro-
jects. tOrd. No. 10426, § 2, 4-28-88)
Sec. 13-16. Establishment of impact fee board
of review; appeal procedures.
fa) Impact fee board of review-. There is hereby
established an impact fee board of review ('"board")
which shall consist of the directors, or their des-
ignees. from the city departments of planning;
public works; parks, recreation and public -facili-
ties: building and zoning; fire, rescue and inspec-
tion services; general services administration; solid
waste: and police. Said board shall be responsible
for hearing the initial appeal by applicants for
building permits ("applicant") aggrieved by deci-
sions of the building and zoning department made
pursuant to this chapter.
Supp. No. 29
883
(b) Appeal procedures. After determination by
the building and zoning department of the amount
of the development impact fee or credit due. an
aggrieved applicant or any officer, department,
board, commission or agency of the city (collet•
tively referred to as city "entities") may request
a review of such fee or credit due by appealing to
the impact fee board of review pursuant to the
following procedures: The aggrieved applicant or
above authorized city entity shall file a written
notice of appeal with the director of the city's
department of building and zoning within fifteen
(15) days following the rendition of the applicable
development impact fee or credit due. If the no-
tice of appeal is accompanied by a bond or other
sufficient surety satisfactory to the city attorney,
in an amount equal to the applicable development
impact fee as calculated by the building and zon-
ing department, the building and zoning depart-
ment shall issue the building permit. The filing
of an appeal at any point in time shall not stay
the collection of the development impact fee un-
less a bond or other surety satisfactory to t) .e city
attorney has been filed. Said bond or suret: , is not
required when the appellant is a unit of gove-nment.
(c) Time for appeals to impact fee board of re-
view. An appeal to the impact fee boar) shall be
made within fifteen (15) days after rendition of
the subject building and zoning department im-
pact fee invoice by filing a notice of appeal or
letter of appeal with the director of the depart-
ment of building and zoning stating therein the
basis for such appeal.
(d) Failure to rile on time. No hearing shall be
heard by the impact fee board of review unless
the respective appeals have been filed within the
time and at the place provided in this chapter.
(e) All decisions final, All decisions of the im-
pact fee board of review made under this chapter
shall be deemed final unless properly institute&
appeals are filed pursuant to this chapter.
(f) Disclosure requirements. All such requests
for review by the city under this chapter shall be
subject to the disclosure requirements of section
2-308, as amended, of the Code of the City of
Miami.
(g) Fee required for review. All requests for re-
view of decisions of the building and zoning de-
91-- 698
07,6
1 13.16
MLA_%U CODE
partment shall be accompanied by a fee of five
hundred dollars ($500.00). The city entities speci-
fied in paragraph (b) of this section shall not be
required to pay said fee.
(h) Notice of hearing, scheduling. The time of
the hearing before the impact fee review board
shall be no more than forty-five (45) days after
receipt of the letter or notice of appeal; provided,
that the time limitations set out in this section
shall not apply during the thirty-one (31) days of
the month of August. Appeals filed under this
chapter shall be received by the director of the
building and zoning department at least ten (10)
days prior to a scheduled meeting of the impact
fee board of review to be heard at that particular
meeting. Request for review not satisfying the
provisions of this paragraph shall be heard at the
next subsequently scheduled meetings of the im-
pact fee board of review. The director of the de-
partment of building and zoning shall give the
aopealing party at least ten (10) days' notice of
tl.e time and place of such hearing. The notice
shall be in a form acceptable to the city attorney.
No public notice is required.
(i) Hearings; additional evidence, and decision.
At the time and place set for the hearing the
impact fee board of review shall give the appeal-
ing party a reasonable opportunity to be heard.
Parties may present additional evidence to sup-
port their position; however, no economic or tech-
nical reports or studies, real estate appraisals or
reports, and/or written reports of consultants shall
be considered by the impact fee board of review
unless the same shall have been filed with the
department of building .and zoning at least ten
10) days prior to that hearing. All exhibits pre-
sented to the board shall become part of the record
and shall remain so until the expiration of the
administrative appeal period or final judicial de-
termination. tOrd. No. 10426. § 2. 4.28-88)
Sec. 13-17. Request for city commission review.
A decision by the impact fee board of review
shall be final unless a request for review is filed
with the director of the department of building
and zoning within fifteen (15) days of ren�dit not by
that board, together with payment of five hun.
dred dollars 4500.00) fee. Such request may be
Supp. No. 29
Attachment C
1 13.21
filed by the aggrieved building permit applicant.
or by ary officer, department, board, commission.
or agency of the city. All such requests for review
by the city commission shall be subject to the
disclosure requirements of section 2.308 of the
Code of the City of Miami. The above specified
city entities shall not be required to pay said fee.
(Ord. No. 10426, § 2, 4-28-88)
Sec. 13-18. Procedures upon request for com-
mission review.
The director of building and zoning shall then
certify such requests through the office of the city
manager. The procedures set forth in section 13.16,
above, shall also apply to hearings by the city
commission on impact fee appeals. (Ord. No. 10426,
§ 2, 4-28.88)
884
Sec. 13-19. City commission powers on review.
The city commission on review shall have full
power to affirm, reverse, or modify the action of
the impact fee board of review. Said decision shall
be made on the record not more than forty-five
(45) days after the request for review by same is
made by the aggrieved applicant. (Ord. No. 10426.
§ 2, 4-28-88)
Sec. 13-20. Judicial review.
Any request for review of a decision by the city
commission under this chapter shall be made by
filing an appeal within thirty (30) days of said
decision with the circuit court in accordance with
the Florida Rules of Appellate Procedure. i Ord.
No. 10426, § 2, 4-28.88)
Sec. 13-21. Effect of impact fee on planning,
zoning, subdivision, and other
regulations.
This chapter shall not affect, in any manner.
the permissible use of property, density of devel-
opment, design and improvement standards and
requirements or any other aspect of the develop-
ment of land or provision of public improvements
subject to the city's comprehensive plan, zoning
regulations, subdivision regulations, or other regu-
lations of the city, all of which shall be operative
91- 698
Attachment D
trips per seat in the Attractions/Recreation category, 0.202
trips per room in the Hotel category and 0.0005985 trips per
gross square foot in the Office category (see attached chart).
The additional 3,100 Attraction/Recreation seats proposed would
produce less than 7 additional PM peak hour vehicle trips. The
additional 500 Hotel rooms proposed would produce an additional
101 PM peak hour vehicle trips. The total increase in PM peak
hour vehicle trips would be 108. An equivalent reduction of 108
PM peak hour vehicle trips would be achieved by deducting 180,450
gross square feet from the Office land use category; thus a total
of 6,919,550 gross square feet of Office use is proposed.
91- 698
LAND USE EXCHANGE RATES FOR DOWNTOWN DRI
(per gross square footage, except as otherwise indicated)
---------------------------------------------------------------- ---------------------------------------:-----------------------------
Office Retail/ Hotel Residential Convention wholesale/ Institutional Attractions/
Service (per room) (per d.u.) Industrial Recreation
(per seat)
x y( 0.0005985 0.000519 0.202 0.1360563 0.000114 0.0001324 0.00132 0.0020588
Office O.0005985
Retail/Service 0.000519
Hotel (per room) 0.202
Residential (per du) 0.1360563
Convention 0.000114
Wholesale/industrial 0.0001324
institutional 0.00132
Attractions Recreation
(per seat 0.0020588
I.O000
1.1532
0.0030
0.0044
5.2500
4.5204
0.4534
0.2907
0.8672
LOON
0.0026
0.0038
4.5526
3.9199
0.3932
0.2521
337.5104
389.2100
1.0000
1.4847
1,771.9298
1,525.6798
153.0303
98.1154
227.32118
262.1509
0.6735
1.0000
1,193.4763
1,027.6156
103.0730
66.0852
0.1905
0.2197
0.0006
0.0008
1.0000
0.8610
0.0864
O.OSS4
0.2212
0.2551
0.0007
0.0010
I.1614
1.0000
0.1003
0.0643
2.2055
2.5414
0.0065
0.0097
11.5789
9.9698
1.0000
0.6412
3.4199 3.9669 0.0102 0.0151 18.0596 15.5498 1.5597 1.0000
formula for calculation x # y = exchange rate
x and y both represent the number of PM Peak Hour External Motor Vehicle Trip Ends per unit
of land use derived from the Oonwtown Miami A.D.A.
J
_
CENTRAL COMMERCIAL
MIGM INTENSITY
COMMERCIAL
®CENTRAL
MODERATE INTENSITY
COMMERCIAL
®LIBERAL
( WMOLESALE IINDUSTRIAL)
OFFICE/
=GOVERNMENT
INSTITUTIONAL USE
®SPECIAL
MIXED USE
®
RETAIL
PARK
Dwy PbAmm An/ AAA R MAIL Puy An/ VWIL II\ Mrl1111"PIrd Aw/ AIM % AL iMwlmrr &w"ti a~rw R
MAP H - MASTER LAND USE PLAN
� l
DOWNTOWN • iMASTERPLAN I
DEVELOPMENT OF REGIONAL IMPACT
Attachment F
Master Development Order
0
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
Matthew Schwartz
AUTHORIZED AGENT OF DEVELOPER: Rey F. Kemrie, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Plarming
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I
Increment II
Increment III
Totals
Office
6,919,550
14,219,550
(gross square feet)
7,190•;8@9
3,600,000
3,700,000
14,490;@9@
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
1.500
LIU
(rooms)
1,000
500
1,100
z;609
Residential
(dwelling units)
3,550
2,550
2,920
9,020
Convention
(gross square feet)
500,000
0
0
500,000
Wholesale/Industrial
(gross square feet)
1,050,000
0
1,050,000
2,100,000
Institutional
(gross square feet)
300,000
0
300,000
600,000
Attractions/Recreation
6.500
13.100
(seats)
3,400
1,600
5,000
3$;@99
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
such development to be located anywhere within the Project Area, subject to
local land development regulations. The Project Area includes all property
within the boundaries of the Downtown Development Authority, with the
exception of that area between NE/NW 5th -Street and I-395 known as "Park
West", as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
91-- 698
Attachment G
Increment I Development Order
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
Matthgw Schwartz
AUTHORIZED AGENT OF DEVELOPER: Rey F.--Kemrie, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I
Increment II Increment
III
Totals
Office
6.919.550
14,219,550
(gross square feet)
7,t00;000
3,600,000
3,700,000 i4,400;�09
Government Office
(gross square feet).
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
1,500
3.100
(rooms)
1,009
500
1,100
2-1W
Residential
(dwelling units)
3,550
2,550
2,920
9,020
Convention
(gross square feet)
500,000
0
0
500,000
Wholesale/Industrial
(gross square feet)
1,050,000
0
1,050,000
2,100,000
Institutional
(gross square feet)
300,000
0
300,000
600,000
Attractions/Recreation
6.500
13.100
(seats)
3, 409
1,600
5,000
!O,Oe0
Pursuant to F.S. 380.06(22) (1987), the
Project specifies
the total
amount of
development planned for
each land use
category, but provides flexibility
for
such development to be
located anywhere within the Project Area, subject
to
+local land development
regulations.
The Project Area
includes all
property
within the boundaries
of the Downtown
Development
Authority,
with the
exception of that area
between NE/NW
5th Street and
I-395 known
as "Park
West", as illustrated
on the map in
Exhibit 1 and described in
Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks. 9 1_ 698
1
i
Attachment G
Increment I Development Order
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
DEFINITIONS: For the purposes of this Development Order, the following terms
shall be defined as follows:
ADA or Application for Development Approval: The original Application for
Development Approval for Downtown Miami filed by the DDA on November 25, 1986,
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 16 on page 13 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Building
Code, for any "Net New Development" as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority: The Downtown Development Authority of
the City of Miami, Florida.
DERM: The Metropolitan Dade County Department of Environmental Resources
Management.
QRI.- 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.
Major Use Sgecial Permit: A special permit issued by the City Commission
pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as
amended.
Net New Development: Any construction or reconstruction which will result in
a net increase, within any "Parcel of Land", of residential dwelling units,
91-- 698 33
z
3
Attachment G
Increment I Development Order
hotel rooms, seats. in attractions/recreation facilities or gross square
footage for office, government office, retail/service, convention,
wholesale/industrial or institutional uses. Land uses to be removed by
demolition of a building or structure may be credited against the proposed new
land uses for purposes of calculating the net increase, if the Planning
Director determines that there was a valid Certificate of Occupancy existing
on the effective date of this Development Order for the land uses to be
demolished. If a change of land use is proposed, the Planning Director may
credit the prior land use against the proposed land use based upon equivalent
impacts as measured by peak hour vehicle trip generation. Any activity which
has on the effective date of this Development Order a valid building permit or
any currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New Development any
small development under 10,000 square feet in floor area, if he finds that
such development would have no regional impact as measured by peak hour
vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, and which is
designated by its owner or developer as land to be used or developed as a unit
or which has been used or developed as a unit.
Pro-iect: That Project described in the "PROJECT DESCRIPTION" on Page 1
herein.
Project Area: The area included within the legal description in Exhibit 2.
Total Allowable Development: The quantity of Net New Development for which
Certificates of Occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development Order, as
may be modified pursuant to F.S. 380.06(19) (1987), and which shall be
measured by the following land uses:
L919,550
Office ?,100,800 gross square feet -
Government Office 300,000 gross square feet
Retail/Service 1,050,000 gross square feet
1.500
Hotel 1,000 rooms 91-- 698
C1
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
Attachment G
Increment I Development Order
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
6.500
3-, 40@ seats
The City may permit simultaneous increases and decreases in the above
described land use categories, provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved, as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A. The findings and determinations of fact set forth in the recitals of t-he
resolution to this Development Order are hereby confirmed.
B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The DDA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
D. The CADA has been filed by the ODA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
E. The purpose of the CADA is to identify and assess probable regional
impacts and to obtain approval for Total Allowable Development in
accordance with the general guidelines set forth in this Development
Order and the CADA. The concept is to recognize the Project Area as a
single area of high intensity development and to focus the ORI review
process primarily on the impacts that Total Allowable Development within
the area will have on land, water, transportation, environmental,
community services, energy and other resources and systems of regional
4 91- 698 33
Attachment G
Increment I Development Order
significance. * The CADA seeks a single ORI review process for overall
phased development of the downtown area rather than requiring each
individual ORI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA is intended to serve as a flexible guide to planned development of
the Project Area rather than a precise blueprint for its development.
Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master
development approval for three increments of development over a period
of approximately twenty years and specific development approval for
Increment I, which is the first phase of development projected for a
period of approximately five years. Subsequent incremental applications
may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
G. The Project Area contains a total of approximately 839 acres, including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
H. The Project is not located in an area of critical state concern as
,designated pursuant to F.S. 380 (1987).
I. A comprehensive review of the probable impacts that will be generated by
Increment I of the Project has been conducted by various City
departments, as reflected in the CADA, and the South Florida Regional
Planning Council staff.
J. This Development Order is consistent with the report and recommendations
of the South Florida Regional Planning Council, entitled "Development of
Regional Impact Assessment for Downtown Miami - Increment I", dated
October 5, 1987. The South Florida Regional Planning Council recommends
approval of Increment I of the Project, and all conditions to which such
approval is subject are reflected herein.
91- 698
5 ��
Attachment G
Increment I Development Order
K.
Increment I of the Project is consistent with the applicable portion of
the State land development plan and the Regional Plan for South Florida.
-
�f
L.
Increment I of the Project is in conformity with the adopted Miami
-I
Comprehensive Neighborhood Plan.
M.
Increment I of the Project is in accord with the district zoning
classifications of Zoning Ordinance 9500, as amended.
N.
Increment I of the Project will have a favorable impact on the economy
of the City.
P.
Increment I of the Project will efficiently use public transportation
facilities.
Q.
Increment I of the Project will favorably affect the need for people to
i
find adequate housing reasonably accessible to their places of
7.
i
employment.
I.
R.
Increment I of the Project will efficiently use necessary public
facilities.
S.
Increment I of the Project will include adequate mitigative measures to
assure that it will not adversely effect the environment and natural
resources of the City.
E
i
T.
Increment I of the Project will not adversely affect living conditions
f
in the City.
U.
Increment I of the Project will not adversely affect public safety.
;F
V.
There is a public need for Increment I of the Project.
�f
II
CONCLUSIONS OF LAW:
That, having made the findings of fact contained above, the City
Commission
hereby concludes as a matter of law, the following:
A. The DDA constitutes a "downtown development authority" as defined in
F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make
application for development approval and receive a development order.
B. Increment I of the Project complies with the Miami Comprehensive
Neighborhood Plan, is consistent with the orderly development and goals
of the City of Miami, and complies with local land development
regulations.
6 91- 698 3-)
Attachment G
Increment I Development Order
C. Increment I of the Project does not unreasonably interfere with the
achievement of the objectives of the adopted State land development plan
applicable to the City of Miami and the Regional Plan for South Florida.
D. Increment I of the Project is consistent with the report and
recommendations of the South Florida Regional Planning Council and does
not unreasonably interfere with any of the considerations and objectives
set forth in F.S. 380 (1987).
E. Changes in Increment I of the Project which do not exceed the Total
Allowable Development or which do not result in a net reduction of more
than 5 percent in total acreage zoned and developed as City parks, shall
not constitute a substantial deviation under F.S. 380 (1987).
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of
law set forth above, it is ordered that Increment I of the Project is hereby
approved, subject to the following conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE
DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER
TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL:
I. Require all development pursuant to this Development Order to be it
accordance with applicable building codes, land development regulations,
ordinances and other laws.
2. For the purpose of base -line data collection, conduct air quality
monitoring for carbon monoxide (CO) concentrations based on the
following requirements:
a. CO monitoring data shall be provided for each of the three (3)
sub -areas as described in the CADA: Brickell, the Central
Business District and Omni.
b. The monitoring shall consist of four (4) weeks of data collection
during the winter months, November 15th through March 15th, for
each sub -area.
7 91-- 698 3F
Attachment G
Increment I Development Order
c. The monitoring for each sub -area shall be completed prior to the
issuance of any certificate of occupancy within that sub -area for
the first development under this Development Order which meets 100
percent of the presumptive threshold for Developments of Regional
Impact pursuant to Rule 27F, F.A.C., within that sub -area; or
prior to March 15, +99+ IM, whichever comes first.
d. The monitor will be located at the presumed worst case
intersection for the Brickell and Omni sub -areas. The location
will be selected jointly by the City, Florida Department of
Environmental Regulation (FDER), Dade County Environmental
Resources Management (DERM), and Council staff. It has been
agreed by these agencies that the existing monitor located in the
Central Business District will be acceptable for that sub -area.
e. Perform the monitoring required by 2a. and 2b. above as prescribed
by the policies and regulations governing DERM and submit final
air quality monitoring reports to FDER, DERM, and the Council
staff within 60 days of the completion of the monitoring.
3. Conduct air quality modeling of carbon monoxide impacts to determine
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be completed within
one year after the base -line data monitoring has been completed pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 3a. below. The air quality modeling shall follow FDER guidelines and
shall:
a. Be limited to no more than ten (10) intersections to be selected
from among the intersections projected in the CADA to operate at
level of service E or F. The intersections shall be selected
jointly by FDER, DERM, the Council staff, and the City.
b. Be submitted in a detailed and comprehensive air quality analysis
to FDER and DERM for comment and review, and to the Council staff
and the City for review and approval.
91-- 698 3c)
8
Attachment G
Increment I Development Order
C. Include proposed changes to air quality monitoring as justified by
the air quality modeling analysis.
4. If the results of the air quality modeling study, as described in
paragraph 3 above, are more than 85 percent but less than 100 percent of
the State standards for CO concentrations, implement an air quality
monitoring and abatement program following approval of the report
pursuant to 3b above. The monitoring and abatement program, including a
time frame for implementation, must be approved by the Council staff and
the City subsequent to review and comment by HER and BERM. The program
may include, but is not limited to, the following techniques:
a. Transportation Control Measures (TCM).
b. Physical planning measures (e.g. signalization, parking area
locations, addition of turn lanes, etc.).
C. The continuance of monitoring for specified sub -areas.
5. If the results of the air quality modeling study, as described in
Condition 3 above, exceed State standards for CO concentrations, do one
of the following:
a. Provide acceptable documentation which clearly indicates that CO
exceedences will not occur, or that the Net New Development
seeking approval will not contribute to the predicted CO
violation, or that any potential CO additions for each Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER and
DERM) prior to issuance of building permits for the particular Net
New Development. Such documentation may include a modeling study
which incorporates measures such as those contained in Condition
4a., b., and c., above. This documentation must be approved by
the Council staff and the City subsequent to review and comment by
FDER and DERM.
9 91.-- 698
Attachment G
Increment I Development Order
b. Withhold the issuance of any building permits for Net New
■
Development within the sub -area that shows CO exceedences.
6. Based upon the transportation impacts generated by Total Allowable
Development for Increment I, pay or contract to pay $7,543,419 (fair
share in 1987 dollars), to be expended on any or all of the following
transportation improvements:
a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge
and approaches,
b. intersection improvements to the entrance and exit ramps to-1-395
at NE 1st Avenue and NE.2nd Avenue,
C. other transportation improvements if mutually agreed upon by the
City and Council staff, subsequent to review and comment by Dade
County and the Florida Department of Transportation.
The City shall pay or contract to pay the fair share within 60 days
following notice that the subject improvement has been let to contract
for construction. In the event the City contracts to pay the fair
share, such contract shall in no way affect the construction schedule of
the subject transportation improvement. If the improvements above have
not been let to contract for construction before the earlier date of a.
or b. specified below:
a. +"r eight years after the effective date of the Development
Order, or
b. the date of issuance of Certificates of Occupancy for more than 80
percent of the Total Allowable Development,
—i then Council staff, the City, Dade County, and the Florida Department of
Transportation (FDOT) will jointly decide the reallocation of 57,543,419
t
(fair share in 1987 dollars) within 90 days of the earlier date of
either a. or b. specified above.
7. Withhold the issuance of building permits for Net New Development if the
City has been determined to be in noncompliance with paragraph 6 above.
8. Make efforts to work closely with applicable governmental agencies to
ensure that the Metromover Stage II herein be completed as identified in
10 91-- 698 411
AftL
Attachment G
Increment I Development Order
the current ' Metropolitan Planning Organization's Transportation
Improvement Program (TIP) published in June, 1987. In the event that by
December 31, 1992, the Metromover Stage II improvements are not
substantially under construction, as determined by Council staff, then
this situation will be considered a substantial deviation from the
mitigative efforts anticipated to offset the adverse impacts of Total
Allowable Development. In this event, the Applicant shall be required
to undergo additional Development of Regional Impact review for
transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h),
(1986). Such additional Development of Regional Impact review, if
required, shall be initiated by March 31, 1993. Net New Developments
which have obtained building permits prior to December 31, 1992 shall
not be affected by any subsequent review.
9. Within 6 months of the effective date of this Development Order, prepare
and recommend to the Miami City Commission a Transportation Control
Measure (TCM) Ordinance, which shall require Net New Development to do
the following:
a. actively encourage and promote car and van pooling by establishing
or participating in a car pool information program, and
b. provide mass transit route and schedule information in convenient
locations throughout the individual development, and
C. encourage mass transit use by the provision of bus shelters, bus
turnout lanes, or other amenities to increase transit ridership.
1 In addition, the TCM Ordinance shall include other appropriate
transportation control measures to be selected from but not be limited
--a to the list entitled "Table 4.9 - Potential Transportation Control
i
Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The
jTCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
11 91- 698/f,)
!' 0 Attachment G
Increment I Development Order
10. In the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
Miami City Commission within 18 months of the effective date of this
Development Order, determine that this situation constitutes a
substantial deviation from the mitigative efforts anticipated to offset
the adverse impacts of Total Allowable Development. In this event, the
Applicant shall be required to undergo additional Development of
Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986).
Such additional Development of Regional Impact review, if required,
shall be initiated by the Applicant within 90 days of the identification
of its need.
11. Have the authority to assess development for its proportionate share of
the costs of improvements and/or services necessary to monitor and/or
mitigate any adverse impacts. The City shall also have authority to
assess development its proportionate share of the costs attributable to
preparation of the master plan, the Application for Development
Approval, and this Development Order, as well as the future costs of
reviewing individual development applications, monitoring compliance
with this Development Order, and any other costs reasonably related to
the administration and implementation of this Development Order. If
necessary, the City shall establish a procedure for rebating any funds
collected in excess of those funds attributable to a particular
development and necessary to implement this Development Order or any
ordinance or procedure required to monitor and enforce compliance with
this Development Order and to mitigate the impacts of Total Allowable
Development.
12. Establish Beeember 31, 1992 December 30. 1997 as the date until which
1 the City agrees that the grantees of building permits or Major Use
1
Special Permits for new development, under the Downtown Miami -
I
r Increment I Development of Regional Impact shall not be subject to
4
down -zoning, unit density reduction, or intensity reduction to the
extent of the amount of development included within the building permit
or Major Use Special Permit, unless the City can demonstrate that
12 91.- 698 t43
r
Attachment G
Increment I Development Order
substantial changes in the conditions underlying the approval of the
development order have occurred, or that the development order was based
on substantially inaccurate information provided by the Applicant, or
that the change is clearly essential to the public health, safety or
welfare.
MONITORING, REPORTING, AND ENFORCEMENT:
13. The City shall monitor the capacity of Total Allowable Development by
reserving the amount of Development Credits necessary for Net New
Development at a time, to be determined by the City, prior to or
coincident with approval of a building permit or Major Use Special
permit. The City shall place reasonable time limits on all building
permits and Major Use Special Permits to assure that construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
14. Upon the issuance of a Certificate of Occupancy for any Net New
Development, the City shall make appropriate subtractions from the
amount of Total Allowable Development under this Development Order. No
Certificates of Occupancy shall be issued for Net New Development which
would, in the aggregate, exceed the amount of Total Allowable
Development under this Development Order.
15. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council, one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this Development Order.
The CADA shall be prepared as follows:
a. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
13 91-- 698 cl7
0 Attachment G
Increment I Development Order
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
b. Revised pages will have a "Page Number (R) - Date" notation, with
"Page Number" being the number of the original page, "(R)"
indicating that the page was revised, and "Date" stating the date
of the revision.
16. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and -1-ocal
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
- condition for approval unless waived or modified by agreement among the
Council, City, and Applicant, its successors, and/or assigns.
17. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order,. shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
18. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be incorporated into
the annual report required in the Downtown Miami Master Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit 3.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
14 91-- 698
Attachment G
Increment I Development Order
c. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application —for
Development Approval and which have been identified by the City,
the Council, or the Department of Community Affairs as being
significant.
e. Specification of any amended DRI applications for development
approval or requests for a substantial deviation determination
that were filed in the reporting year or to be filed during the
next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have been sent copies of the annual
report in conformance with F.S. 380.06 (18) (1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15) (1987).
i. Any other information required by the Department of Community
Affairs (DCA) in accordance with F.S. 380.06 (18)(1987).
19. The City shall enforce the requirements of the Dade County Shoreline
Development Review Ordinance (85-14) for all subsequent developments
within the Shoreline Development boundary.
15 91- 698 6
q
Attachment G
Increment I Development Order
20. The deadline for commencing any development shall be two (2) years from
the effective date of this Development Order. The termination date for
completing development shall be Beeember 31, 1992 December 30. 1997,
provided that the Applicant, or its successors and assigns, complies
with paragraph 25 herein. The termination date may only be modified in
accordance with F.S. 380,.06(19)(c) (1987).
21. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs, Council, and
Applicant; provided, however, that if this Development Order. is
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursuant to F.S. 380.01(2)
(1987).
22. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land upon
passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days, the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
16 91-- 698 q-?
Attachment G
Increment I Development Order
unless the violator does not diligently pursue the curative action to
,-J
completion within a reasonable time, in which event the City will give
15 days notice to the violator of its intention to stay the -
effectiveness of this Development Order and withhold further permits,
approvals, and services to the Parcel of Land in which the violation has
occurred and until the violation is cured. The terms of this paragraph
may be modified from time to time by written agreement by the DDA, the
City, and Council staff, to enable the City to enforce the terms of this
Development Order to the fullest extent, while providing due process, to
all developers under this Development Order.
23. The Planning Director, City of Miami Planning Department, is hereby
designated to monitor compliance with all conditions of this Development
Order and shall have the duty and authority to interpret the provisions
of this Development Order and to promulgate rulings, regulations and
procedures necessary to implement it, provided the same are not
inconsistent with the terms hereof or of F.S. 380 (1987), or duly
promulgated and adopted rules thereunder. Appeals to decisions of the
Planning Director may be filed pursuant to procedures set forth in
Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami,
Florida, as amended. Any noncompliance shall be subject to the
provisions of paragraph 22 herein.
24. The South Florida Regional Planning Council report and recommendations,
entitled "Development of Regional Impact Assessment for Downtown Miami -
Increment I", dated October 5, 1987, is incorporated herein by
reference.
25. Within 30 days of the effective date of this Development Order, it shall
be recorded with the Clerk, Dade County Circuit Court, pursuant to
F.S. 380.06(15) (1987), specifying that the Development Order runs with
the land and is binding on the Applicant, its successors, and/or
assigns, jointly or severally.
26. The existence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 380 (1987) to file an
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Increment I Development Order
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, not
withstanding the existence of this Development Order. In the event that
such an individual development order is approved and becomes effective,
the individual development order shall control development of the
property covered by the individual development order and the terms and
conditions of this Development Order shall no longer be binding upon the
property. Any such individual development orders shall, by their terms,
be consistent with the objectives and conditions of this Development
Order.
27. This Development Order shall not repeal, nor amend in any way, any other
currently effective development order or building permit within the
subject area previously issued by the City Commission pursuant to F.S.
380 (1987). This Development Order shall not create nor authorize the
creation or imposition of any additional requirements or restrictions,
with respect to any present or future development under any currently
effective Development Order or building permit issued prior hereto.
Notwithstanding this paragraph, the City shall continue to have whatever
authority pursuant to law it may now have or may acquire in the future
(other than by virtue of this Development Order).
28. This Development Order shall not create nor impose any additional
requirements or restrictions upon the City with respect to its powers to
enact impact fee or assessment ordinances on development, including Net
New Development under this Development Order and future development of
the City, as such impact fees or assessments may be authorized by law.
29. In the event that a substantial deviation is determined under the terms
of this Development Order or F.S. 380 (1987), the City shall retain its
ability to issue building permits and Major Use Special Permits and
shall continue to do so unabated, subject to the terms and conditions of
this Development Order.
30. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
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Increment I Development Order
Development Order, the City shall either, under this Development Order
or under the powers granted it by state law, be permitted to continue to
issue building permits, Major Use Special Permits and Certificates of
Occupancy until such time as a final resolution of the litigation
occurs.
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Attachment G
Increment I Development Order
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. 5th Street and
N.W. 3rd Avenue (east side of N-S Expressway (I-95)), said point of
beginning also being the N.W. corner of the district; thence run
southerly along the center line of N.W. 3rd Avenue and the easterly side
of the N-S Expressway to the centerline of West Flagler Street; thence
westerly along the centerline of said West Flagler Street to the
centerline of the Miami River; thence meandering southeasterly along the
centerline of said Miami River to a point of intersection with the
easterly right-of-way (R/W) line of Metro Rapid Transit R/W (formerly
Florida East Coast (FEC) Railroad R/W) said R/W line being 50 feet
easterly of and parallel with the centerline of said Metro Rapid Transit
R/W; thence run southerly and southwesterly along said easterly R/W line
of Metro Rapid Transit to the intersection with the centerline of S.W.
15th Road; thence southeasterly along the centerline of 15th Road to a
point of intersection with the southerly prolongation of the westerly
line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence
northeasterly, northwesterly and northeasterly along said westerly line
of COSTA BELLA to the intersection with the southerly right-of-way line
of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and
northwesterly along said southerly and westerly right-of-way line of
S.E. 14th Lane and S.E. 14th Terrace to the intersection with the
northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT
VIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County, Florida; thence northeasterly along the northwesterly line of
said Lot 31 to the northeasterly side of the existing ten foot alley in
Block 2 of said POINT VIEW; thence southeasterly along the northeasterly
side of said ten foot alley to the intersection with the property line
between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly
along said line of Lots 4 and 5 and its prolongation thereof to the
centerline of S.E. 14th Street; thence southeasterly along said
centerline of S.E. 14th Street to a point of intersection with the
existing bulkhead and shoreline of Biscayne Bay; thence meandering
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Attachment G
Increment,I Development Order
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
Bridge; thence easterly along the said southerly R/W line of Claughton
Island Bridge to the intersection with the westerly bulkhead line of
Claughton Island, said bulkhead line being part of the Metropolitan Dade
County Bulkhead Line as recorded in Plat Book 73 at Page 18 of the
Public Records; thence southerly, easterly, northerly and westerly,
following said existing bulkhead and its westerly prolongation thereof
around the island to the intersection with the mainland on the easterly
shoreline of Biscayne Bay; thence meandering in a northwesterly and
westerly direction along the shoreline of Biscayne Bay and the Miami
River to the intersection with the easterly R/W line of Brickell Avenue
Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing
bulkhead on the northerly shoreline of the Miami River; said bulk line
also being the southerly boundary of the Dupont Plaza Center and Miami
Center Joint Venture property; thence northeasterly along the southerly
boundary of Dupont Plaza Center and Miami Center Joint Venture property
to a point of intersection with the easterly property line of Chopin
Associates and Miami Center Limited Partnership; said property line
being along the shoreline of Biscayne Bay; thence northerly along said
easterly property line of Chopin Associates and Miami Center Limited
Partnership property along Biscayne Bay to the southerly property line
of Bayfront Park; thence continuing northerly, northeasterly and
northwesterly along the bulkhead line of Bayfront Park and the Bayfront
Park Miamarina; thence continuing northerly along the bulkhead line of
Biscayne Bay to a point of intersection with the centerline of N.E. 17th
Street extended easterly; thence westerly along the centerline of
N.E. 17th Street and its extension thereof to the easterly R/W line of
the FEC Railroad; thence southerly along the easterly R/W line of the
FEC Railroad to the limited access right-of-way of I-395; thence
southeasterly and easterly along the limited access right-of-way of
I-395 to the centerline of Biscayne Boulevard, thence southerly along
the centerline of Biscayne Boulevard to the centerline of N.E. 5th
Street, thence westerly along the centerline and N.E. and N.W. 5th
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Attachment G
Increment I Development Order
Street to the point of beginning. The above described area contains
approximately 839 acres.
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