HomeMy WebLinkAboutO-10543.44.
J-88-1156
12/5/88
ORDINANCE NO. 10543
AN ORDINANCE AMENDING CHAPTER 14, ENTITLED
"DOWNTOWN DEVELOPMENT," OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING
A NEW ARTICLE IV, ENTITLED "REGULATIONS
AFFECTING DEVELOPMENT WITHIN THE DOWNTOWN AND
SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENTS OF
REGIONAL IMPACT"; PROVIDING FOR: GENERAL
INTENT; DEFINITIONS; PROCEDURES AND TIME
LIMITS FOR RESERVATION OF DEVELOPMENT
CREDITS; REALLOCATION OF EXPIRED OR RESCINDED
CREDITS; EFFECT OF PLAN CHANGES; AND APPEAL
PROCEDURES; PROVIDING FOR ENVIRONMENTAL AND
TRAFFIC RELATED REGULATIONS RELATIVE TO NEW
DEVELOPMENT; AND PROVIDING FOR ENFORCEMENT.
WHEREAS, the City Commission has adopted Resolution
No. 87-1148 and Resolution No. 87-1149 rendering a Master
Development Order and Increment I Development Order,
respectively, pursuant to Section 380.06 Florida Statutes (1987),
on the Application for Development Approval filed by the Downtown
Development Authority of the City of Miami, Florida for
development of Downtown Miami (less the Southeast Overtown/Park
West area), a Development of Regional Impact (DRI); and
WHEREAS, the City Commission has adopted Resolution
No. 88-110 and Resolution No. 88-111 rendering a Master
Development Order and Increment I Development Order,
respectively, pursuant to Section 380.06 Florida Statutes (1987),
on the Application for Development Approval filed by the City of
Miami, Florida for development of Southeast Overtown/Park West, a
Development of Regional Impact (DRI); and
WHEREAS, the Downtown Development Authority and the City
sought development approval for a Downtown Development of
Regional Impact to enable effective planning and monitoring of
the growth and development of Downtown and Southeast
Overtown/Park West in conjunction with the availability of needed
infrastructure and environmental safeguards to support such
growth; and
10543
WHEREAS, the development orders for both Downtown and
Southeast Overtown/Park West provide in part that: "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", and further say in part that: "The City shall
place reasonable time limits on all building permits to assure
that construction progresses within a reasonable period of time
after approval to prevent stockpiling of Reservations for
Development Credits"; and
WHEREAS, the City finds it necessary to establish reasonable
time limits on the Reservation of Development Credits pursuant to
said Resolutions 87-1148, 87-1149, 88-110 and 88-111 to protect
the integrity of those resolutions and the integrity of planned,
orderly development within the Downtown DRI area and the
Southeast Overtown/Park West DRI area; and
WHEREAS, the City finds that the establishment of reasonable
time limits on the Reservation of Development Credits pursuant to
said Resolutions 87-1148, 87-1149, 88-110 and 88-111, to be in
the best interest of the citizens of the City of Miami.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 14, entitled "Downtown Development", of
the Code of the City of Miami, Florida, as amended, is hereby
amended by adding a new Article IV, entitled "Regulations
affecting Development within the Downtown and Southeast
Overtown/Park West Developments of Regional Impact", to read as
follows:
"CHAPTER 14
DOWNTOWN DEVELOPMENT
ARTICLE III. Gusman Hall
Sec. 14-52. Advisory Committee.
- 2-
IL0543
Sec. 14-53 - 14-59. Reserved
ARTICLE IV - REGULATIONS AFFECTING DEVELOPMENT WITHIN THE
--
AL I
DIVISION 1. GENERAL INTENT
This Article is intended to assist in the
implementation of the Downtown Development of Regional
Impact (Resolutions 87-1148 and 87-1149) and the
Southeast Overtown/Park West Development of Regional
Impact (Resolutions 88-110 and 88-111) Development
Orders. Its purpose is to assure the orderly use and
flow of development credits by preventing the retention
of such credits by developments unable to complete
construction within a reasonable period of time and to
initiate implementation of traffic control and
environmental protection measures of said resolutions.
DIVISION 2. DEFINITIONS
For the purpose of this Ordinance, the following
terms shall be defined as presented below:
(a)_ Building Permit: A ermit issued by the City
of Miami Building and Zoning Department,
pursuant to the South Florida Building Code,
for the construction or alteration of a
structure which encloses space defined herein
as "Net New Development". As used herein,
this term shall be construed to mean all
building permits needed to construct or alter
the full amount of Net New Development for
which a Reservation of Development Credits
has been issued on any given Parcel of Land.
_(b) 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.
- 3 - I.OS�.
(c)__Ci_ty: The City of Miami, Florida.
(d) Credit Holder_: Entitv to which a Reservation
of Development Credits has been issued in
conjunction with receipt of a Buildinq Permit
or Major Use Special Permit.
(e) DDA or Downtown Development Authority: The
Downtown Development Authority of the City of
Miami, Florida.
(f) DERM: Metropolitan Dade County Department of
Environmental Resources Management.
(g) DRI: Development-. of. Regional. Impact.
(h) Development: As defined in Section 380.04
Florida Statures (1987), and any amendments
thereto.
(i) Development Credits: The individual units of
land uses included within Total Allowable
Development, as measured by square footage or
number of dwelling units, hotel rooms, or
seats.
(j) Development Orders: City of Miami
Resolutions 87-1148 and 87-1149, as amended
(Downtown Development of Regional Impact) and
Resolutions 88-110 and 88-111 (Southeast
Overtown/Park West Development of Regional
Impact) as amended, as applicable.
(k) Major Use Special Permit or MUSP: A special
permit issued by the City Commission pursuant
to Ordinance 9500, the Zoning Ordinance of
the City of Miami, as amended.
(1) Net New Development: Any construction or
reconstruction which will result in a net
increase, within any "Parcel of Land", of
residential dwelling units, hotel rooms,
seats in attractions/recreation facilities or
gross square footage for office, government
- 4 -
10543
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 the Master and Increment I
Development Orders rendered for the Downtown
DRI 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.
(m) 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 desi nated 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.
(n) Reservation of Development Credits: A
written certificate, signed by the Plannin
Director, allocating an amount of Development
Credits equal to the amount of Net New
Development approved by a MUSP or Building
Permit to a specified Parcel of Land, subject
to the terms and conditions of this
ordinance. Reservations of Development
Credits shall run with the land and shall not
be transferable to any other Parcel of Land,
Building Permit, or MUSP.
- 5 -
10543
_(o) Total Allowable Development: The quantity of
Net New Development for which Certificates of
Occupancy may be issued under the terms and
conditions of the Increment I Development
Order, together with the applicable Master
Development Order, as may be modified
pursuant to Section 380.06(19), Florida
Statutes (1987), and which shall be measured
by_the following land uses:
Office 7,100,000 gross sq. ft.
Government Office 300,000 gross sq. ft.
Retail/Service
Hotel
Residential
Conventions
Wholesale/
Industrial
Institutional
Attractions/
Recreation
1,050,000 gross sq. ft.
1,000 rooms
3,550 dwelling units
500,000 gross sq. ft.
1,050,000 gross sq. ft.
300,000 gross sq. ft.
3,400 seats
Southeast Overtown/
Park West:
166,000 gross
sq. ft.
0
66,200 gross sq.
ft.
0
2,000 dwelling
units
290,000 gross
sq. ft.
Q
0
W
-(_p)_ Work: Work shall be considered to have
commenced and be in active Progress when the
Planning Director determines, after
consultation with the City's Building
Official, that a full complement of workmen
and equipment is present at the site to
diligently, in accordance with normal and
customary construction scheduling,
incorporate materials and equipment into the
structure throughout the day on each full
working day, weather permitting.
DIVISION 3. PROCEDURES AND TIME LIMITS FOR
RESERVATION OF DEVELOPMENT CREDITS
Sec. 14-60. Reservation of Development Credits with
Building Permit.
tOS43'
Application for Reservation of. Development Credits
for Net New Development within the Downtown DRI Area
that is not required to undergo Major Use Special
Permit (MUSP) review pursuant to Ordinance 9500, the
Zoning Ordinance of the City of Miami, as amended,
shall be made concurrent with applications for a
Building Permit. Reservations for Development Credits
will be issued simultaneously with an approved Building
Permit subject to the payment of all applicable fees at
the time when due pursuant to ordinance.
Sec. 14-61. Reservation of Development Credits with
Major Use Special Permit.
Application for Reservation of Development Credits
for Net New Development within the Downtown DRI area
that because of its size and nature must undergo Major
Use Special Permit (MUSP) review pursuant to Ordinance
9500, the Zoning Ordinance of the City of Miami, as
amended, shall be made concurrent with the application
for a MUSP. Applicants shall only apply for
Reservation of Development Credits for those portions
or phases of their Net New Development anticipated to
be Under Construction within twenty-four (24) months
from the date of the issuance of the MUSP. Subsequent
phases may receive a Reservation only after the
Building Permit has been issued for the prior phase.
Reservation of Development Credits shall be issued
simultaneous with the MUSP, subject to the payment of
all applicable fees at the time when due pursuant to
ordinance, and further subject to adherence to the
following time limitations:
(1) Within six (6) months from the effective date
of the MUSP, the applicant must demonstrate
to the Planning Director that design
development plans and drawings for those
portions of Net New Development for which a
- 7 -
10.543
Reservation of Development Credits has been
issued are in progress and are likely to be
completed within the succeeding six (6)
months.
_(2) Within twelve (12) months from the effective
date of the MUSP, the applicant must submit
a letter of intent to provide construction
financing from a lending institution or
other qualified source and demonstrate to
the Planning Director that working
drawings/construction documents for those
portions of Net New Development for which a
Reservation of Development Credits has been
issued are in .progress and likely to be
completed within the succeeding six (6)
months.
(3) Within eighteen (18) months from the
effective_ date of the MUSP, the applicant
must submit a binding letter of commitment
for construction financing from a lending
institution_ or other qualified source and
demonstrate to the Planning Director that a
complete application for a Building Permit
has been submitted to the Building and Zoning
Department for those portions of Net New
Development for which a Reservation of
Development Credits has been issued.
(4) Within twenty-four (24) months from the
effective date of the MUSP, the applicant
must demonstrate to the Planning Director
that the Building Permit has been obtained
and that Work has commenced on the Net New
Development for which a Reservation of
Development Credits has been issued.
Cff.,M
IL0543
It shall be the responsibility of the holder of
the MUSP to submit the required information, in
writing, to the Planning Director on or before the
expiration date of each of the above described six
month intervals. At any of the above described
intervals the Planning Director may rescind the
Reservation of Development Credits for failure to
comply with the time limitations. Notice of intent to
rescind a Reservation for Development Credits shall be
made, in writing, by the Planning Director, stating
reasons therefore, within fifteen (15) days from the
expiration date of the current six month interval of
the time limitations. The Credit Holder may present
additional facts, information or data in support of his
position prior to the rendering of a final decision by
the Planning Director which shall be made in writing
within thirty (30) days from the expiration date of the
current six (6) month interval of the time limitations.
Development Credits rescinded pursuant to this
paragraph shall be held in reserve by the Planning
Department pending the outcome of an appeal pursuant to
Section 14-65.
Sec. 14-62. Time Limits on Development Credit
Reservation After Building Permit(s)
Issued.
Reservations of Development Credits will remain in
effect for so long as the Building Permit remains in
effect in accord_ with the South Florida Buildin Code;
except as provided herein.
(1) After twenty_percent (20%) or more of the
construction is complete, as measured b
construction loan disbursements, on the full
amount of Net New Development for which a
Reservation of Development Credits is
applicable, the Reservation shall not expire
or be rescinded except by termination of. the
10543
Building Permit. It shall be the
responsibility of the Credit Holder to submit
bank drafts or other relevant documentation
to the Planning Director to verify required
pro rata completion of said construction.
(2) Prior to completion of twenty percent (20%)
of construction, as provided above, if "Work"
appears not to be actively underway for at
least fifty (50%) percent of the working days
(Monday - Friday, national holidays excluded)
within _any given six (6) month period, the
Planning Director may, by certified mail,
request a review of the reasons for the work
stoppage. If the Credit Holder fails to
respond in writing with supporting
documentation, within fifteen (15) days, or
if the Planning Director finds that Work has
been abandoned or is likely to be stopped for
longer than a six (6) month period of time
due_ to financial failure, le al action, or
any other reason, he/she may rescind the
Reservation of Development Credits. Notice
of intent to rescind a Reservation for
Development Credits shall be made in writing
by the Planning Director, stating reasons
therefore, within thirty (30) days from the
date that the Planning Director transmits, by
certified mail, the written request for
review of the work stoppage. The Credit
Holder may present additional facts,
information, or data in support of his
position prior to the rendering of a final
decision by the Planning Director which shall
be made in writing within forty-five (45)
days from the date that the Credit Holder
- 10 -
IL0543
received the written request for review of
the work stoppage. If. the Planning Director,
after consulting with the _ City's Building
Official, finds sufficient evidence that Work
will be resumed within the succeeding six
month period and will continue on a
reasonable time table for the size and nature
of the construction project, according to
local construction industry standards, he
shall not rescind the Reservation of
Development CrPdit-s; but he/she may
establish a reasonable time table for
completion of at least twenty (20%) percent
of the Net New Development, and conditions
upon which the Reservation of Development
Credits may be rescinded upon failure to meet
the time table. Work stoppages caused by
civil unrest, labor disbutes on the site, or
fire, shall be counted as "nonworking" days.
Development Credits rescinded pursuant to
this paragraph shall be held in reserve by
the Planning Department_ pending the outcome
of an appeal pursuant to Section 14-65.
_Sec. 14-63. Reallocation of Development Credits
Subsequent to Expiration or Rescission of
a Reservation.
If a Reservation for Development Credits expires
or is rescinded by the Planning Director, pursuant to
this Ordinance, those Development Credits shall be
reserved on a first -came -first- served basis for other
Net New Development, subject to the following order of
priority:
(1) Net New Development with Building Permits
approved subject to availability of
Development Credits.
1 U54.3'
(2) Net New Development with pending Building
Permit a22lications, based upon the date of
acceptance by the Building and Zoning
Department of the complete_ Building Permit
applications.
(3) Net New Development with a Letter of
Commitment for construction financing and, if
applicable, an approved MUSP.
(4) Net New Development with approved MUSP's,
based upon the approval date of the MUSP. If
more than one MUSP was approved on the same
date, priority will based upon the date of
acceptance by the Planning Director of a
complete MUSP application.
No sooner than six (6) months after a Reservation
for Development Credits has expired or been rescinded
pursuant to this ordinance, a new Reservation for
Development Credits may be given to the same Parcel of
Land, following submission of a new application and
payment of all applicable fees by the owner, subject to
availability of Development Credits based upon the
order of priority listed above.
Sec. 14-64. Changes in Plans Subsequent to Reservation
of Development Credits
Any proposed change in plans affecting the use or
ross square footage of anv Net New Development shall
be approved by the Planning Director. The Reservation
of Development Credits and applicable fees shall be
adjusted accordingly, provided however that additional
Development Credits shall be reserved only when
available according to the order of _priority listed in
Section 14-63 above.
Sec. 14-65. Appeals
If a Reservation of Development Credits is
rescinded by the Planning Director, pursuant to this
Ordinance, the Credit Holder may appeal said action to
- 12 -
IL0543
the City Commission by filing a notice of appeal with
the City Clerk, within fifteen (15) days from the date
of transmission to the Planning Director's written
notification of Reservation of Development Credit
rescission, and pay.i nq a f i 1 i.nq fee �of five hundred
dollars ($500.00). The Notice of Appeal shall contain
sufficient documentation for the City Commission to
make a determination as to whether the Credit Holder
has complied with the relevant portion of the time
limitations set forth in Sections 14-61 and 14-62
herein. A public hearing shall be scheduled for the
next available City Commission meeting, not to exceed
forty-five (45) days from the date of appeal,
whereupon, the City Commission shall, by Resolution,
ratify the action of the Planning Director or shall
reinstate all or part of the Reservation of Development
Credits for a time certain not to exceed six months,
except as provided below, subject to appropriate terms
and conditions, and subject to compliance with
subsequent intervals of the time limitations set forth
in Sections 14-61 and 14-62.
If work has been halted by court injunction or
governmental action, the City Commission may reinstate
all or part of the credits for a time certain not to
exceed one year upon a strong evidentiary showing by
the appellant that matters giving rise to the
injunction or governmental action have a very high
probability of being resolved within six (6) months of
the date of the appellant's City Commission public
hearing.
Review of actions of. the City Commission in
reinstating a Reservation of Development Credits,
reinstating a Reservation of Development Credits
subject to terms and conditions, reinstating a portion
of a Reservation of Development Credits whether or not
subject to terms and conditions,_ or denying
- 13 -
10543
reinstatement of a Reservation of Development Credits
shall be by filing a Notice of Appeal with the Circuit
Court in accordance with the procedure and within the
time provided by the Florida Rules of Appellate
Procedure for the review of rulings of any commission
or board.
Secs. 14-66 - 14-69. Reserved
DIVISION 4. DEVELOPMENT REGULATIONS
Sec. 14-70. Environmental Regulations
All Development shall adhere to all terms and
conditions in the Development Orders and in addition:
(1) During construction, all Development with
areas of exposed soil over five thousand
(5,000) sq. ft. shall spray said exposed
areas with water as frequently as necessary
to prevent airborne dust. Other methods of
controlling airborne dust may be substituted
if approved by DERM. If any area of exposed
soil over five thousand (5,000) sq. ft. is
intended to be undisturbed by construction
for more than ninety (90) days, such area
shall be sodded or seeded and mulched to
provide grass cover.
(2) During construction, Section 4611.1 of the
South Florida Building Code shall be enforced
by requiring all stormwater runoff to be
retained on -site, or by placing temporary
screens, berms, and/or rip -rap around the
perimeter of the construction site to filter
all stormwater runoff until the permanent
stormwater retention system is operative.
Such retention or filtration systems shall be
approved by DERM and the City of Miami
Department of Public Works.
- 14 -
IL0543
_1
(3) All stormwater drainage systems shall be
approved by DERM pursuant to the South
Florida Water Management District rules; and
shall be designed to retain on -site at least
the first one inch of runoff from a 5-year
storm event.
(4) All drainage structures, including wells,
shall include pollutant retardant devices
approved by DERM pursuant to the South
Florida Water Management District rules.
Such pollutant retardant devices shall be
maintained in efficient operating condition,
including periodic removal of accumulated
contents.
(5) Net New Development shall reduce pollutants
enterinq qround water and/or surface waters
by limiting application of pesticides and
fertilizers in vegetated stormwater retention
areas to once per year for preventive
maintenance and to emergencies, such as
uncontrolled insect infestation.
(6) Net New Development shall reduce pollutants
entering groundwater and/or surface waters b
vacuum sweeping all parking lots of eleven or
more vehicle spaces and private roadways
serving the parking lots at least once per
week.
(7) All Development is subject to Section 24-35.1
of the Dade County Code.
(8) Prior to construction on any site, all
invasive exotic plants shall be removed,
specifically Melaleuca, Casuarina, and
Brazilian Pepper. Net New Development shall
use only those species included in the
official list of recommended plant species
- 15 -
10544
j
t KeI'
prepared by the South Florida Regional
Planning Council, as may be amended from time
to time; provided, however, that additional
species may be used if written approval is
supplied by the Executive Director of the
South Florida Regional Planning Council.
Said official list is on file with the
Planning Department.
Sec. 14-71. Traffic Control Measures
The following requirements shall apply to all
Development except: renovation of existing structures
or land improvements; change of use or intensity of use
of an existing structure or land improvement; new
structures or additions to existing structures of less
than 10,000 square feet; excavation; demolition; or
deposit of fill. All Development not excluded above
shall:
Al) Actively encourage all employees within the
development to participate in carpools or
vanpools by establishing or participating in
an information and referral program, and
shall maintain a current list (updated
annually) of all employees interested in
Participating in a carpool or vanpool.
(2) Establish and maintain a permanent
distribution system for current Metropolitan
Dade County Transportation Authority mass
transit route and schedule information in
locations throughout the development that are
visible and accessable to existing and
Potential transit users.
(3) Encourage mass transit use by the provision
of bus shelters, bus turnout lanes, or other
physical improvements intended to improve the
safety, comfort or convenience of transit
- 16 -
1054-3
ridership, where such transit amenities are
needed as determined by the Planning
Director.
Additional transportation control measures
regulating traffic generated by and related to Net New
Development shall be promulgated and adopted within six
(6) months of adoption of this ordinance.
Sec. 14-72. Enforcement
A violation of this Article shall be prosecuted in
the same manner as misdemeanors are prosecuted and upon
conviction the violator shall be punishable according
to law; however, in addition to, or in lieu of any
criminal prosecution, the City of Miami, Florida shall
have the power to sue in civil court and to enforce the
provisions of this Article before its Code Enforcement
Board. Further, the Planning Director, Zoning
Administrator or Building Official are hereby empowered
to temporarily revoke any Building Permit for
development evidencing violation of this Article
pending a recission determination by the Planning
Director.
Secs. 14-73 - 14-79. Reserved"
Section 2. The recitals and findings contained in the
Preamble to this Ordinance are hereby approved, confirmed and
adopted by reference thereto and incorporated herein as it fully
set forth in this Section.
Section 3. All Ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption hereof, pursuant to
law.
- 17 - IL0543
PASSED ON FIRST READING BY TITLE ONLY this 15th day
of December 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
26th day of January , 89.
i
XAVIER L. SU R Z, MAYOR
ATTE
MATT-y HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
JOpIs E . MAXWELL
A S STANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRE TNESS:
JORGEIL. ERN DEZ
CITY ATTO
JEM/db/M427
�:m
IL0543
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
PZw17
Honorable Mayor and Members SATE CILE
of the City Commission ;,;
SUBJECT Proposed Ordinance to
Implement Downtown DRI and
-� )M ;EFEAENCES . Southeast Overtown/Park West DRI
Cesar H. Odi I' �
City Manager ENCLOSURES.
laXI(f)�ag;1 �►
It is respectfully recommended that the City Commission adopt the attached
ordinance amending Chapter 14 - "Downtown Development" of the City Code, by
adding a new Article IV, entitled "Regulations Affecting Development within
the Downtown and Southeast Overtown/Park West Developments of Regional Impact"
(DRI's); providing for: general intent; definitions; procedures and time
limits for reservation of development credits; reallocation of expired or
rescinded credits; effect of plan changes; and appeal procedures; further,
providing for environmental and traffic related regulations relative to new
development; and providing for enforcement.
::10ei3+Pr,I119
The proposed ordinance is needed to implement the Development Orders for the
Downtown DRI (Res. 87-1147 and 87-1148, adopted 12/10/87) and the Southeast
Overtown/Park West DRI (Res. 88-110 and 88-111, adopted 2/11/88). These
Development Orders became effective in June, 1988, following settlement of
appeals from the State of Florida Department of Community Affairs.
The proposed ordinance, which creates "Regulations Affecting Development
within the Downtown and Southeast Overtown/Park West Developments of Regional
Impact", consists of four divisions as follows.
Division 1. General Intent
Division 2. Definitions
Division 3. Procedures and Time Limits for Reservation of Development
Credits
The Development Orders permit the City to issue Certificates
of Occupancy for a finite amount of new development, known as
"Total Allowable Development (TAD)". In order to ensure that
TAD will not be exceeded, the City must reserve portions -of
TAD for each individual development at the time that a Major
Use Special Permit or a building permit is issued. This is
termed "reservation of development credits".
Page 1 of 2 1053
Honorable Mayor and Members
of the City Commission
Division 3 is intended to establish rules and procedures for
the Planning Department to use in making reservations of
development --credits, and to impose limitations on the time
that any individual development may hold a reservation prior
to completion of at least 20% of its construction work. Such
time limitations are deemed necessary to prevent developers
from "stockpiling" development credits prior to construction,
thereby depleting the supply of development credits available
to other competitive projects. The proposed time limitations
would permit the Planning Director to: a) rescind a
reservation of development credits if a development fails to
initiate construction within 24 months from the approval date
of a Major Use Special Permit (and to meet intervening
progress thresholds); and b) rescind a reservation of
development credits if construction work is abandoned, or
stopped for an indefinite period of time, following issuance
of a building . permit, up to completion of 20% of the
construction. After construction is 20% complete, the
reservation of development credits could only be rescinded if
the building permit was terminated pursuant to the South
Florida Building Code. Decisions of the Planning Director
could be appealed to the Commission.
Any proposed new development that does not have a reservation
of development credits is not permitted to be given a building
permit or a Certificate of Occupancy (if a building permit was
issued subsequent to the effective dates of the Development
Orders).
Division 4. The environmental regulations and transportation control
measures included in this division of the proposed ordinance
are specifically required by the terms and conditions of the
Development Orders, to be adopted by ordinance within six
months of the effective date of the Development Orders. These
deadlines, whicTI would be 12/15/88 for Southeast Overtown/Park
West and 12/29/88 for Downtown, could be extended, but the
Commission should act as soon as possible to avoid any
potential effect on outstanding building permits in Southeast
Overtown/Park West.
Attachments:
Proposed Ordinance
Page 2 of 2
JL0543
=,'A�illl(brm
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10543
In the ........ X.. x .. X........................ Court,
was published In said newspaper in the Issues of
February 23, 1989
Affiant further says that the said Miami Review Is a tc';
newspaper published at Miami In said Dade County, Florida,
and chat the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except {
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami in said
Dade County, Florida, for a period of one year next preceding =.
the first publication of the a�hasld
f advertisement; and
efflant further says that she nor promised any
parsgg++�A Ilan or corporationrebate, commission
or �luodfor the ourooses advertisement for
............ ,`.. f/�..�....,...... , Pj�QPEF(TY;LOCATEP_ PI Arr
(`1 ffr/ 39T11 STREET ,MJI MI,�'FLO
Swo n o f ribed before me this . DESCRIBED HER J Y" BY CH
THE SUBJECT PROPERTY
..2.3.. da � •.`�, y �''y. , A.D. 19.. 8 9 . RESIDENTIAL TO REsiDEI
FINDINGS ': ORDIWANi
® r is
dap�S'3nchpfJ I AN-;ORDINANCE°AMENDING
• No Pu c, s�?�uj d! Fiociae at large NEIGHBORHOOD FLAN AND i
e\`� • [� AMENDED; FOR PROPERTY U
(SEAL) -- �t� �itW1 `� SOUTHWEST 7TH4ST�REET
My CommI6)opexRIres June 21,�R>i1``� AVENUE, AIlIAMI, FLORLDA, (M
MR 115 �• P .` HEFiEINj, BY CHANGING THE
0 R I D` OROPERTYc-FROM GENERAL'.
RESIDENTIAL, AND MAKING
" `.OgDINAN
( AN ORDINANCE AMENDING'
1 : NOVEMBER 17, .1988, AS AM
MENT .AP.PROPRIA1I Vy ,,
f-A(?PFiOPRIATIONS FOR P(
' JAPAI�E$E GARDEN 04"09