HomeMy WebLinkAboutR-88-0447J-88-376
Downtown
4/26/98
ft
RESOLUTION N0. 99 -44 1t
A RESOLUTION AGREEING TO AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A STIPULATION OF
SETTLEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS ("DCA"), THEREBY CLARIFYING THE DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT
ORDERS (RESOLUTIONS NO. 87-1148 AND 87-1149) AND
ACCEPTING CONDITIONS; THUS, SETTLING THE DCA'S
APPEAL OF SAID DEVELOPMENT ORDERS, SUBJECT TO
APPROVAL BY THE FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION.
WHEREAS, the City, the Downtown Development Authority (DDA), and the
Florida Department of Community Affairs (DCA) entered into a Predevelopment
Agreement ("Agreement") on June 28, 1985; and
WHEREAS, pursuant to the Agreement, as amended, the City and the ODA
prepared and timely filed an Application for Development Approval ("ADA") for
the City of Miami Downtown DRI, pursuant to s.380.06(22), F.S. (1987); and
WHEREAS, the DDA has timely filed the ADA with the South Florida
Regional Planning Council and obtained a Report and Recommendations from the
Council; and
WHEREAS, the City and the DDA have considered the impacts and needs
created by the amounts of development by use as analyzed in the ADA and
approved in the Increment I development order; have provided for the necessary
mitigation and infrastructure needed to support the existing, permitted and
approved amounts in order that the approved amounts represent, for accounting
purposes, net new development; and have, thereby, created an incentive to
encourage redevelopment, rehabilitation and reuse of existing structures; and
WHEREAS, the City Commission deemed it advisable and in the best
interest of the general welfare of the City to issue and did issue the Master
Development Order and Increment I Development Order, approving the Downtown
Miami Development of Regional Impact on December 109 1987, by
Resolutions 87-1148 and 87-1149; and
WHEREAS, the DCA, pursuant to Section 380.07, F.S., instituted an appeal
of the City's Downtown DRI development orders on February 49 1988, and sought
to reverse the Downtown DRI development orders to the extent that they are
alleged to be in noncompliance with the provisions of Chapter 380, F.S.
(1987); and
CITY COMMISSION
MEETING OF
MAY 222 1988
DN No. F38-44
REMARKS:
WHEREAS, the City, the DDA and the DOA are desirous of settling all
issues raised in the appeal on a mutually beneficial basis; and have net
repeatedly to discuss the resolution of the issues raised in this appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to execute a
Stipulation of Settlement; in substantially the form attached, with the
Florida Department of Community Affairs ("DCA"), thereby clarifying the
Downtown Development of Regional Impact Development Orders (Resolutions No.
87-1148 and 87-1149) and accepting conditions; thus, settling the DCA's appeal
of said development orders, subject to approval by the Florida Land and Water
Adj udicatory Commission.
PASSED AND ADOPTED this 1 2th day of May ,
1988.
ATTEST:
PREPARED AND APPROVED BY:
�11 f57
11117
S ISTANT CITY AT ORNEY
Page 2 of 2
AS TO FORM AND CORRECTNESS:
ATTORNEY
89-44'
0 Downtown DRI
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS
Petitioner,
vs.
CASE NO. 88-1638
THE CITY OF MIAMI AND CITY
OF MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY
Respondents
The parties to this above -styled appeal, `'he Florida
Department of Community Affairs ("DEPARTMENT"), the City of Miami
("CITY"), and the City of Miami Downtown Development Authority,
an authority created pursuant to Chapter 65-1090, Laws of
Florida, and Section 14-25 of the City of Miami Code
("AUTHORITY"), enter the following agreement, which shall be
binding on their successors and assigns.
WHEREAS, the DEPARTMENT is the state land planning
a;^na% UftTrin7 the power and duty to exercise general supervision
of the administration and enforcement of Chapter 380, Florida
Statutes (F.S.) which includes provisions relating to development
of regional impact (DRI); and
WHEREAS, the State Comprehensive Plan has a goal to
encourage the centralization of commercial, governmental, retail,
residential, and cultural activities within downtown areas in
order to use existing infrastructure and to accomodate growth in
an orderly, efficient, and environmentally acceptable manner; and
WHEREAS, the attainment of said goal can be reached
through the policy of compact urban growth to accommodate future
development whereby full utilization may be made of existing
excess infrastructure capacity thus lessening the fiscal burden
on government to provide facilities and services over larger
areas; and
WHEREAS, in futherance of said goal, the State
Comprehensive Plan establishes policies to provide incentives to
encourage private investment in the preservation and enhancement
of downtown areas, to assist local governments in the planning,
financing, and implementation of development efforts aimed at
revitalizing distressed downtown areas, and to promote state
programs and investments which encourage redevelopment of
downtown areas; and
WHEREAS, the DEPARTMENT, as the state land planning
agency, encourages the involvement of public agencies and private
groups involved in development and redevelopment of downtown
areas, provided that all impacts of development and redevelopment
are fully addressed and that provisions are made for all
facilities and services needed to support the proposed
development and redevelopment; and
WHEREAS, Downtown Miami, the largest and one of the
oldest downtown areas in the state, encompasses over 830 acres of
land area containing thousands of older deteriorating structures
in need of rehabilitation, reuse, or redevelopment; and includes
an area that has been declared to be slum and blighted, pursuant
to Chapter 163, Part III, F.S.; and
903-44 ;'
WHEREAS, the CITY, AUTHORITY and the DEPARTMENT entered
into a Predevelopment Agreement ("Agreement") on the June 28,
1985,; and
WHEREAS, pursuant to the Agreement, as amended, the
AUTHORITY prepared and timely filed an Application for
Development Approval ("ADA") for the City of Miami Downtown DRI,
pursuant to Subsection 380.06(22), F.S. (1987); and
WHEREAS, the AUTHORITY has timely filed the ADA with
the South Florida Regional Planning Council and obtained a Report
and Recommendations from the Council; and
WHEREAS, the CITY considered the ADA, the Report and
Recommendations of the South Florida Regional Planning Council,
and each element required to be considered by Section 380.06,
F.S. (1987); and
WHEREAS, the CITY and the AUTHORITY have considered the
impacts and needs created by the amounts of development by land
use as analyzed in the ADA and approved in the Increment I
development order; have provided for the necessary mitigation and
infrastructure needed to support the existing, permitted and
approved amounts in order that the approved amounts represent,
for accounting purposes, net new development; and have, thereby,
created an incentive to encourage redevelopment, rehabilitation
and reuse of existing structures; and
WHEREAS, the Downtown DRI provides an incentive for
large scale new development to locate in downtown Miami, but
could create a disincentive to small development, redevelopment
and rehabilitation of existing structures if applied
indiscriminately to all development; and
WHEREAS, the City Commission deemed it advisable and in
the best interest of the general welfare of the CITY to issue and
did issue the Master Development Order and the Increment I
Development Order, incorporated herein as Exhibit A, approving
the Downtown Miami Development of Regional Impact on December 10,
1987, (hereinafter collectively "the Downtown DRI"); and
WHEREAS, the DEPARTMENT pursuant to Section 380.07,
F.S., instituted this appeal of the CITY's Downtown DRI
development orders for the Downtown DRI, on February 4, 1988, and
sought to reverse the Downtown DRI development orders to the
extent that they are found by the Commission to be illegal and
violative of the provisions of Chapter 380, F.S. (1987); and
WHEREAS, the CITY, the AUTHORITY and the DEPARTMENT are
desirous of settling all issues raised in the appeal and have met
to discuss the mutual resolution of the issues raised in this
appeal.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the parties to this appeal agree
as follows:
1. The CITY and the AUTHORITY shall abide by the terms
and conditions of this agreement. The CITY and the AUTHORITY
shall take no action in implementing and enforcing the Downtown
DRI or this Stipulation of Settlement which conflicts with the
terms and conditions of this Stipulation of Settlement and shall
utilize their best efforts to enforce and fulfill its terms and
conditions.
2. The CITY and the AUTHORITY shall include all
development, as defined by Section 380.04, F.S. (1987), in
implementing the conditions of the Downtown DRI in accordance
with, and limited by, the terms of Exhibit B, attached hereto and
made a part hereof.
3. The term Total Allowable Development need not
include redevelopment or rehabilitation and reuse of existing
structures on individual parcels, as represented in the Downtown
96--447
11
DRI, because the methodology in the ADA for accounting for the
impacts of the existing, including previously approved and
permitted, amounts of development furthers the goals listed
above. The CITY and the AUTHORITY agree to maintain detailed
records concerning all development, as defined pursuant to
Section 380.04, F.S. (1987), including any redevelopment, and all
maximum 10,000 square foot exemptions granted by the Planning
Director, that are excluded from Net New Development. The
cumulative sum of the exclusions made pursuant to the maximum
10,000 square foot exemption shall be termed the "Aggregate
Exclusion" and shall be reported in the Annual Report to the
DEPARTMENT.
The CITY and the AUTHORITY agree that maximum 10,000
square foot exclusions from Net New Development will not be
granted to any development on a parcel where the amount of the
proposed new construction exceeds 10,000 total square feet. The
intent of this language is to clarify those developments which
would be eligible for the granting of an exclusion from Net New
Development by the Planning Director under the procedures as
outlined in the Downtown DRI.
4. When the sum of the approved Aggregate Exclusion and
the total amount of Net New Development equals the Total
Allowable Development, then the CITY and AUTHORITY agree to
amend, pursuant to the provisions of Subsection 380.06(19), F.S.,
the Incremental development order, by seeking approval for
additional development by an amount that equals or exceeds the
amount of the approved Aggregate Exclusion development, and, if
necessary, to re-evaluate the Increment I development order
conditions based on the regional impact review. The CITY shall
demonstrate that all impacts resulting from such proposed
development will be adequately mitigated and that public
facilities necessary to serve that development will be
available. The CITY, the AUTHORITY and the DEPARTMENT agree that
nothing in the above language shall preclude the CITY from
proposing a change to the Downtown DRI under Subsection
380.06(19), F.S., prior to the time that the above thresholds are
met.
5. In the event that a proposed change is requested as
a Substantial Deviation, or a Substantial Deviation is declared,
pursuant to Subsection 380.06(19), F.S. (1987), the CITY may
continue to issue building permits and Major Use Special Permits
so long as such permits are issued as a result of any one of the
following: (a) a Predevelopment Agreement between the CITY and
the DEPARTMENT, or (b) the permits and the development allowed by
them are not affected by the proposed change which brought about
the request for a Substantial Deviation.
6. The CITY and the AUTHORITY specifically agree that
the provisions of paragraph 39 of the Master Development Order
and paragraph 30 of the Increment I Development Order will be
inapplicable and inadmissible in any litigation brought by the
DEPARTMENT in any injunctive action concerning Chapter 380, F.S.,
(1987) and the CITY and AUTHORITY hereby waive said right
purportedly granted by those paragraphs solely as to the
DEPARTMENT.
7. The CITY and the AUTHORITY shall not rescind the
Master Development Order pursuant to paragraph 40 of that Order
at the completion of the Increment I Development Order until the
CITY and AUTHORITY have fulfilled the mitigation requirements of
the Increment I Development Order.
8. The DEPARTMENT has received the Consolidated
Application for Development Approval (CADA) from the CITY and the
AUTHORITY. The DEPARTMENT agrees that submittal of the CADA is
no longer an issue of the appeal.
9. The parties agree that the Downtown DRI development
orders as approved shall be clarified by the terms of this
Stipulation of Settlement. This stipulation shall become
effective upon the filing, by the Department, of a Notice of
R%3-44'7'
Voluntary Dismissal with the Division of Administrative Hearings.
10. The rights and obligations of the parties hereto
shall inure to the benefit of and shall be binding upon the
successors and assigns of the parties.
11. The date of execution of this agreement shall be
the date that the last party signs and acknowledges this
agreement.
12. Each party of this proceeding shall bear its own
costs, including attorney's fees.
13. The CITY and AUTHORITY agree to record this
Stipulation simultaneously with the Master Development Order and
the Increment 1 Development Order in the public records of Dade
County, Florida. A copy of the recorded Stipulation shall be
provided to the Department within 30 days after the effective
date of the Stipulation.
Approved as to form and legal CITY OF MIAMI
sufficiency:
Lucia A. Dougherty,
City Attorney, City of Miami
WITNESS:
WITNESS:
By.
Cesar L. Odio, City Manager
The foregoing instrument was acknowledged before me this
day of , by
Notary Public, State of Florida
My commission expires:
Approved as to form and legal
Sufficiency:
By:
Roy F. Kenzie, Executive Director
Downtown Development Authority
WITNESS:
WITNESS:
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this
day of , by .
Notary Public, State of Florida
My commission expires:
F38-44 :'
•
STATE OF FLORIDA
COUNTY OF
Approved as to form and legal
Sufficiency:
Laurence Keesey, General
Counsel, Department of
Community Affairs
WITNESS:
WITNESS:
STATE OF FLORIDA
COUNTY OF LEON
DEPARTMENT OF COMMUNITY AFFAIRS
by., _ C.
Thomas G. Pelham, Secretary
2740 Centerview Drive
Tallahassee, Florida 32399
The foregoing instrument was acknowledged before me this
day of , by ,
of the Department of Community Affairs, an agencyof the state of
Florida, on behalf of the Department.
Notary Public, State of Florida
My commission expires:
0
CITY OP MIAMI, FLORIDA
INtER•OFFICE MEMORANDUM
Matte -Hir-ii
C-.ty Clerk
Joel R. Maxw 11
. I . CRI* Assistant City Attorney
°ATE June 110 1988 ""
Stipulations of Agreement
in Downtown DRI and
Southeast Overtown/Park West
REFERE%__LS DRI Appeals
Resolutions 87-1148, 87-1149,
ENGL05' ,RF_S 88-110, 88-111, 88-447 and
88-456
Attached, hereto, are two additional original signed
Stipulations of Settlement and Exhibits relative to appeals of
City of Miami area -wide or downtown development orders taken by
the Florida Department of Community Affairs. Said Stipulations
are as follows:
a. Department of CommunitX Affairs vs. the City of
Miami, Case No. - t is is the Agreement
settling the Overtown/Park West DRI Appeal. _Lt
should be filed, and copies cross-referenced, with
the following,City Commission Resolutions:
1. 88-110 (approved Master Development Order),
2. 88-111 (approved Increment I),
3. 88-456 (approved Settlement);
b. Department of Community Affairs vs. City of Miami
and City of Miami Downtown Development Authority,
Case No. 88-16 8. This is the agreement settling
the Downtown DRI appeal. It should be filed, and
copies cross-referenced, with the following City
Commission Resolutions:
1. 87-1148 (approved Master Development Order),
2. 87-1149 (approved Increment I),
3. 88-447 (approved Settlement).
Should you have any questions, please do not hesitate to
contact me.
107
n
Is 0
Tatty Hitai June 13, 1988
City Clerk Page 2
39M/db/0570
ce: Jorge L. Fernandez, City Attorney (w/o attach.)
John J. Copelan, Jr., Deputy City Attorney (w/o attach.)
Sergio Rodriguez, Assistant City Manager (w/attach.)
Herbert J. Bailey, Assistant City Manager (w/attach.)
Matthew Schwartz, Deputy Director, Dept.
of Development (w/attach.)
Joseph J. McManus, Assistant Director
Planning Department (w/attach.)
Peter Andolina, Deputy Director, Downtown
Development Authority (w/attach)
Joyce Meyers, Planning Department (w/attach.)
Robert Sechen, Esquire (w/attach.)
9 ,
t7
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY )
AFFAIRS )
Petitioner, j
j
VS. ) CASE NO. 88-1638
)
THE CITY OF MIAMI AND CITY )
OF MIAMI DOWNTOWN DEVELOPMENT )
AUTHORITY )
j
Respondents )
STIPULATION OF SETTLEMENT
The parties to this above -styled appeal, the Florida
Department of Community Affairs ("DEPARTMENT"), the City of Miami
("CITY"), and the City of Miami Downtown Development Authority,
an authority created pursuant to Chapter 65-1090, Laws of
Florida, and Section 14-25 of the City of Miami Code
("AUTHORITY"), enter the following agreement, which shall be
binding on their successors and assigns.
WHEREAS, the DEPARTMENT is the state land planning
agency having the power and duty to exercise general supervision
of the administration and enforcement of Chapter 380, Florida
Statutes (F.S.) which includes provisions relating to development
of regional impact (DRI); and
WHEREAS, the State Comprehensive Plan has a goal to
encourage the centralization of commercial, governmental, retail,
residential, and cultural activities within downtown areas in
order to use existing infrastructure and to accomodate growth in
an orderly, efficient, and environmentally acceptable manner; and
WHEREAS, the attainment of said goal can be reached
through the policy of compact urban growth to accommodate future
development whereby full utilization may be made of existing
excess infrastructure capacity thus lessening the fiscal burden
on government to provide facilities and services over larger
areas; and
WHEREAS, in futherance of said goal, the State
Comprehensive Plan establishes policies to provide incentives to
encourage private investment in the preservation and enhancement
of downtown areas, to assist local governments in the planning,
financing, and implementation of development efforts aimed at
revitalizing distressed downtown areas, and to promote state
programs and investments which encourage redevelopment of
downtown areas; and
WHEREAS, the DEPARTMENT, as the state land planning
agency, encourages the involvement of public agencies and private
groups involved in development and redevelopment of downtown
areas, provided that all impacts of development and redevelopment
are fully addressed and that provisions are made for all
facilities and services needed to support the proposed
development and redevelopment; and
WHEREAS, Downtown Miami, the largest and one of the
oldest downtown areas in the state, encompasses over 830 acres of
land area containing thousands of older deteriorating structures
in need of rehabilitation, reuse, or redevelopment; and includes
an area that has been declared to be slum and blighted, pursuant
to Chapter 163, Part III, F.S.; and
G]
9
WHEREAS, the CITY, AUTHORITY and the DEPARTMENT entered
into a Predevelopment Agreement ("Agreement") on the June 28,
1985,; and
WHEREAS, pursuant to the Agreement, as amended, the
AUTHORITY prepared and timely filed an Application for
Development Approval ("ADA") for the City of Miami Downtown DRI,
pursuant to Subsection 380.06(22), F.S. (1987); and
WHEREAS, the AUTHORITY has timely filed the ADA with
the South Florida Regional Planning Council and obtained a Report
and Recommendations from the Council; and
WHEREAS, the CITY considered the ADA, the Report and
Recommendations of the South Florida Regional Planning Council,
and each element required to be considered by Section 380.06,
F.S. (1987); and
WHEREAS, the CITY and the AUTHORITY have considered the
impacts and needs created by the amounts of development by land
use as analyzed in the ADA and approved in the Increment I
development order; have provided for the necessary mitigation and
infrastructure needed to support the existing, permitted and
approved amounts in order that the approved amounts represent,
for accounting purposes, net new development; and have, thereby,
created an incentive to encourage redevelopment, rehabilitation
and reuse of existing structures; and
WHEREAS, the Downtown DRI provides an incentive for
large scale new development to locate in downtown Miami, but
could create a disincentive to small development, redevelopment
and rehabilitation of existing structures if applied
indiscriminately to all development; and
WHEREAS, the City Commission deemed it advisable and in
the best interest of the general welfare of the CITY to issue and
did issue the Master Development Order and the Increment I
Development Order, incorporated herein as Exhibit A, approving
the Downtown Miami Development of Regional Impact on December 10,
1987, (hereinafter collectively "the Downtown DRI"); and
WHEREAS, the DEPARTMENT pursuant to Section 380.07,
F.S., instituted this appeal of the CITY's Downtown DRI
development orders for the Downtown DRI, on February 4, 1988, and
sought to reverse the Downtown DRI development orders to the
extent that they are found by the Commission to be illegal and
violative of the provisions of Chapter 380, F.S. (1987); and
WHEREAS, the CITY, the AUTHORITY and the DEPARTMENT are
desirous of settling all issues raised in the appeal and have met
to discuss the mutual resolution of the issues raised in this
appeal.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the parties to this appeal agree
as follows:
1. The CITY and the AUTHORITY shall abide by the terms
and conditions of this agreement. The CITY and the AUTHORITY
shall take no action in implementing and enforcing the Downtown
DRI or this Stipulation of Settlement which conflicts with the
terms and conditions of this Stipulation of Settlement and shall
utilize their best efforts to enforce and fulfill its terms and
conditions.
2. The CITY and the AUTHORITY shall include all
development, as defined by Section 380.04, F.S. (1987), in
implementing the conditions of the Downtown DRI in accordance
with, and limited by, the terms of Exhibit 8, attached hereto and
made a part hereof.
3. The term Total Allowable Development need not
include redevelopment or rehabilitation and reuse of existing
structures on individual parcels, as represented in the Downtown
DRI, because the methodology in the ADA for accounting for the
impacts of the existing, including previously approved and
permitted, amounts of development furthers the goals listed
above. The CITY and the AUTHORITY agree to maintain detailed
records concerning all development, as defined pursuant to
Section 380.04, F.S. (1987), including any redevelopment, and all
maximum 10,000 square foot exemptions granted by the Planning
Director, that are excluded from Net New Development. The
cumulative sum of the exclusions made pursuant to the maximum
10,000 square foot exemption shall be termed the "Aggregate
Exclusion" and shall be reported in the Annual Report to the
DEPARTMENT.
The CITY and the AUTHORITY agree that maximum 10,000
square foot exclusions from Net New Development will not be
granted to any development on a parcel where the amount of the
proposed new construction exceeds 10,000 total square feet. The
intent of this language is to clarify those developments which
would be eligible for the granting of an exclusion from Net New
Development by the Planning Director under the procedures as
outlined in the Downtown DRI.
4. When the sum of the approved Aggregate Exclusion and
the total amount of Net New Development equals the Total
Allowable Development, then the CITY and AUTHORITY agree to
amend, pursuant to the provisions of Subsection 380.06(19), F.S.,
the Incremental development order, by seeking approval for
additional development by an amount that equals or exceeds the
amount of the approved Aggregate Exclusion development, and, if
necessary, to re-evaluate the Increment I development order
conditions based on the regional impact review. The CITY shall
demonstrate that all impacts resulting from such proposed
development will be adequately mitigated and that public
facilities necessary to serve that development will be
available. The CITY, the AUTHORITY and the DEPARTMENT agree that
nothing in the above language shall preclude the CITY from
proposing a change to the Downtown DRI under Subsection
380.06(19), F.S., prior to the time that the above thresholds are
met.
5. In the event that a proposed change is requested as
a Substantial Deviation, or a Substantial Deviation is declared,
pursuant to Subsection 380.06(19), F.S. (1987), the CITY may
continue to issue building permits and Major Use Special Permits
so long as such permits are issued as a result of any one of the
following: (a) a Predevelopment Agreement between the CITY and
the DEPARTMENT, or (b) the permits and the development allowed by
them are not affected by the proposed change which brought about
the request for a Substantial Deviation.
6. The CITY and the AUTHORITY specifically agree that
the provisions of paragraph 39 of the Master Development Order
and paragraph 30 of the Increment I Development Order will be
inapplicable and inadmissible in any litigation brought by the
DEPARTMENT in any injunctive action concerning Chapter 380, F.S.,
(1987) and the CITY and AUTHORITY hereby waive said right
purportedly granted by those paragraphs solely as to the
DEPARTMENT.
7. The CITY and the AUTHORITY shall not rescind the
Master Development Order pursuant to paragraph 40 of that Order
at the completion of the Increment I Development Order until the
CITY and AUTHORITY have fulfilled the mitigation requirements of
the Increment I Development Order.
S. The DEPARTMENT has received the Consolidated
Application for Development Approval (CADA) from the CITY and the
AUTHORITY. The DEPARTMENT agrees that submittal of the CADA is
no longer an issue of the appeal.
9. The parties agree that the Downtown DRI development
orders as approved shall be clarified by the terms of this
Stipulation of Settlement. This stipulation shall become
effective upon the filing, by the Department, of a Notice of
Voluntary Dismissal with the Division of Administrative Hearings.
10. The rights and obligations of the parties hereto
shall inure to the benefit of and shall be binding upon the
successors and assigns of the parties.
11. The date of execution of this agreement shall be
the date that the last party signs and acknowledges this
agreement.
12. Each party of this proceeding shall bear its own
costs, including attorney's fees.
13. The CITY and AUTHORITY agree to record this
Stipulation simultaneously with the Master Development Order and
the Increment 1 Development Order in the public records of Dade
County, Florida. A copy of the recorded Stipulation shall be
provided to the Department within 30 days after the effective
date of the Stipulation.
Approved!as to form and legal
suf f icancy :
Lucia X. Dougherty,
City Attorney, City of Miami
WITNESS:,
WITNESS:
CITY OF MI 'I
s.
Cesar , City Manager
Attested by.
atty Hirai, City Clerk
The foregoinq instrument was acknowledge �fqr,,me this
�3 gJ day of �� b �
Notary Public, State of Florida
Approved as to form and legal
Sufficien
WITNESS
WITNESS:
STATE OF FLORIDA
The foregoing . trument
day of ,
Notary Public State of Florida
My commission expireoUrnmissionEx .-Apr.26,
19% o isthr eneral
01
eyB . nz e, ive Director
Downtown Dev ment Authority
was(j�,�knowlSdgqd beforg me this
by
r ,
otary Male, Stake of Florida
My commission expires:
Notary Pubh, Stale cf P�
commiuion 6'Faas lure 17,1991
L:.+. AMW no Ir?Y. Ftµ :I,wr.na Mir
is
0
STATE OF FLORIDA
COUNTY OF .
Approved as to form and legal
Sufficiency:
urence Peagey, Genf "al
Counsel, Mpartment of
Community Affairs
WITNESS:
WITNESS:
STATE OF FLORIDA
COUNTY OF LEON
DEPARTMENT OF COMMUNITY AFFAIRS
Ely.- A (4A&.�Cyw- — _ C
Thomas G. Pelham, Secretary
2740 Centerview Drive
Tallahassee, Florida 32399
T e forego'ng inst ume was cJ owledq a me 's
day o by ,
o the Depart t of Community Affairs, an agencyof the state of
Florida, on be alf of the Department�.
Notary Public,. State of Florida
My commission expires:
.... gnat. ,,.1. �... . . ...:. "
s
to --M-- nq4;�)�
MASTER bO CONDITIONS
EXHIBIT "S"
2. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall mulch, spray or plant grass in exposed areas
to prevent soil erosion and minimize air pollution during construction.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for development with exposed areas of less than 5,000
square feet; or areas that will be exposed for 90 days or less.
3. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall place temporary screens, berms, and/or rip -
rap around sites under construction to filter or retain stormwater
runoff during construction.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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; or where
existing drainage facilities are adequate to retain stormwater
within the site.
4. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance or establish an accepted procedure to
require Net New Developments to design, construct and maintain
stormwater management systems to meet the following standards:
a. Retain the runoff from at least a 5-year storm on each Parcel of
Land wherever feasible and construct drainage systems as proposed in the
Consolidated Application for Development Approval (CADA). Consistent
Page 1 of 10
with the CADA, individual drainage systems must be designed to retain at
least the first one -inch of stormwater runoff within drainage welts and
exfiltration trenches.
Applicability:
(a.) All development, except as may be exempted by Dade County BERM,
pursuant to Section D-4 of the "Public Works Manual" of Dade
County and the South Florida Water Management District Rules.
b. Install pollutant retardant structures (catch basin with down -turned
inlet pipe or other Dade County DERM-approved device) to treat all
stormwater runoff at each individual drainage structure and/or well, and
periodically remove pollutant accumulations.
Applicability:
(a.) All development except as may be exempted by Dade County DERM
pursuant to the South Florida Water Management District Rules.
c. Limit application of pesticides and fertilizers in vegetated storm
water retention areas to once per year for preventive maintenance and to
emergencies, such as uncontrolled insect infestation.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for renovation of existing structures or land
improvements; change of use or intensity of use of an existing
structure or land improvenent; new structures or additions to
existing structures of less than 10,000 square feet; excavation;
demolition; or deposit of fill.
d. Vacuum sweep all parking lots of eleven or more vehicle spaces and
private roadways serving the parking lots at 1 east once per week.
Page 2 of 10
■
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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.
e. Both during and following construction, prevent the direct flow of
stormwater runoff (that has not been pre-treated pursuant to Condition
4a. above) into surface waters.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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; or where
existing drainage faci 1 i ti es are adequate to retain stormvater
within the site.
5. Require Net New Development to comply with Dade County hazardous waste
requirements by the adoption and implementation of a uniform ordinance,
as may be found by the City to be applicable and necessary, providing
for hazardous materials accident prevention, mitigation, and response
standards; as described in a. through h. below. These standards shall
be maintained by individual developers who shall require by lease
agreement or building rule that all tenants classified by a SIC code
listed in Appendix 12A-8 of the CADA, incorporated herein by reference,
that use, handle, store, display, or generate hazardous materials
(materials that are ignitable, corrosive, toxic, or reactive) , including .
those identified on page 6 of Appendix 12A-8 of the CADA comply
with these standards; provided however, that the uses in and the wastes
listed in Appendix 12A-8 of the CADA shall be simultaneously amended
upon the addition or deletion of any or all of the listed uses,
materials, or wastes by amendment to the "County and Regional Hazardous
Page 3 of 10
0
Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida
Administrative Code. At a minimum, these standards shall:
a. Require that buildings or portions of buildings where hazardous
materials or hazardous wastes, as defined above, are to be used,
displayed, handled, generated, or stored shall be constructed with
impervious floors, without drains, to ensure containment and facilitate
cleanup of any spill or leakage.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
1 b. Prohibit any outside storage of hazardous materials or hazardous
waste. The exception to this condition is for retail goods typically
associated with residential nursery activity, such as lawn fertilizers
and garden pesticides. Those areas used for the storage of these goods
are subject to the requirement contained in Condition 5c . below.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
c. Require that any area used for loading and/or unloading of hazardous
material be covered and equipped with a collection system to contain
leakage and accidental spills.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
d. Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and provide Dade County DERM copies of the following forms of
documentation or proper hazardous waste management practices
- a hazardous waste manifest;
- a shipment to a permitted hazardous waste management facility;
or
a confirmation of receipt of materials from a recycler or a
waste exchange operation.
Page 4 of 10
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
e. Prohibit generation of hazardous effluents, unless adequate
facilities, approved by Dade County DERM and Florida Department of
Environmental Regulation, are constructed and used by tenants generating
such effluents.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code and
regulations of FDER.
f. Dispose of hazardous sludge materials generated by effluent
pre-treatment in a manner approved by the Federal Environmental
Protection Agency and the Florida Department of Environmental
Regulation.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code and regulation
of FDER and EPA.
g. Notify any tenant generating wastes of the penalties for improper
disposal of hazardous waste pursuant to F.S. 403.727.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
h. Allow reasonable access to facilities for monitoring by Dade County
DERM, Council staff, and the Florida Department of Environmental
Regulation to assure compliance with this Development Order and all
applicable laws and regulations.
Page 5 of 10
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-36.1 of the Dade County Code.
6. Enact an ordinance requiring Net New Development to remove all invasive
exotic plants, including Melaleuca, Casuarina, and 8rasilian Pepper,
from their Parcel of Land as the parcel is cleared, and use only those
plant species identified in Appendix 8-4 of the CADA for landscaping.
Additional species may be used only if written approval is provided by
Council staff. Such approval will be based on the species under
consideration meeting the following criteria:
- does not require excessive irrigation
- does not require excessive fertilizer application
- is not prone to insect infestation or other pests
- is not prone to disease
- does not have invasive root systems
- such other criteria as may be appropriate.
Applicability:
(a.) Removal of invasive species applicable to all development.
(b.) Use of species listed in Appendix 8-4 of the CADA applicable to
all development, other than (c.).
(c.) Exceptions for 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 109000 square feet;
excavation; demolition; or deposit of fill.
8. Direct the City Manager to establish procedures whereby the Police
Department and Fire Department shall make recommendations to incorporate
security measures into the design and operation of Net New Development.
Applicability:
(a.) All development, other than (b.).
Page 6 of 10
(b.) Exceptions for Police Department recommendations for excavations
• or deposit of fill.
9. Collaborate with the Dade County School Board, by providing planning
information and information on Net New Development of residential units,
to address concerns regarding the availability and access to schools for
students from future residential development within the project area.
Applicability:
(a.) All residential development.
10. Encourage the incorporation of energy conservation measures into the
design and operation of Net New Development by requiring that, at a
minimum, all Net New Development shall be constructed in conformance
with the specifications of the State of Florida Energy Efficiency Code
for Building Construction (State Energy Code).
Applicability:
(a.) All development, except as excluded within the State Energy Code.
15. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
wastewater treatment capacity will be sufficient to meet the needs of
that development.
Applicability:
(a.) All development that requires an increase in gallonage of
wastewater.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
an adequate water supply will be available to meet the needs of that
development.
Applicability:
(a.) All development that requires an increase in gallonage of water.
Page 7 of 10
17. Withhold the issuance of building permits for Net New Development that
• cannot obtain a letter of availability from the appropriate agency that
solid waste disposal capacity will be sufficient to meet the needs of
that development.
Applicability:
(a.) All development that requires an increase in volume of solid
waste.
INCRE M I DO COMMONS
S. 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.
b. Withhold the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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 where such new
structures or additions are projected to generate a net increase
of 5 or less peak hour motor vehicle trips; excavation;
demolition; deposit of fill; or redevelopment where redevelopment
Page 8 of 10
redevelopment means any new construction that replaces, with an
equal or lesser amount of square footage, an existing structure
that had a valid certificate of occupancy on the effective date of
the Increment I Development Order.
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 Communi ty Affairs and the Florida Department of
Transportation.
Applicability:
(a.) "a." and "b." above applicable to all development, other than
(b.) . "c." above must be applied with discretion to only those
developments where specific transit amenities are needed and where
the scope and cost of the construction would justify the expense
of providing the specific transit amenity.
(b.) Exceptions for 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.
Page 9 of 10
c.j The TOO ordinance will be presented to the South Florida Regional
planning Council prior to adoption, and the applicability will be
addressed at that tiMO-
J-87-1108
RESOLUTION No. 87-JL148
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER
DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF
REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING
ADVISORY BOARD, SUBJECT'TO THE CONDITIONS OF THE
MASTER DEVELOPMENT ORDER ATTACHED HERETO AS
EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT
APPROVAL INCORPORATED HEREIN BY REFERENCE, AND
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED
HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING THAT THE MASTER
DEVELOPMENT ORDER SHALL BE BINDING ON THE
APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING
THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION
AND MASTER DEVELOPMENT ORDER TO AFFECTED
AGENCIES AND THE APPLICANT; DIRECTING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL
THE CITY'S OBLIGATIONS UNDER THE MASTER
DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY
CLAUSE.
Exhibit "A"
Master Development Order
Downtown DRI
WHEREAS, on November 26, 1986, the Downtown Development Authority of the
City of Miami submitted a complete Application for Development Approval for a
Development of Regional Impact to the South Florida Regional Planning Council,
the Florida Department of Community Affairs, and the City of Miami pursuant to
F.S. 380.06 (1987), for the ongoing development through the year 2007 of a
portion of the area within the DDA jurisdiction, as legally described in the
Development Order attached hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 74-87 by 6 to 2 vote, recommending approval of the Master Development
Order for Downtown Miami as attached hereto; and
Ej
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987) and
WHEREAS, the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
Planning Council, and each element required to be considered by F.S. 380.06
(1987); and
.1v'rt-.ins: i C
1
f3A-44
-!
CITY
C
Ll.-- _.
UL._
t:-.1'-.L'0N f�o9- 7-1149.
/0-11
0
WHEREAS; the City Commission determined that all requirements of notice
and other legal requirements for the issuance of the proposed Master
Development Order had been complied with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Master Development
Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1: The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Master Development Order for
Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof
by reference, and is applicable to an area of the City of Miami under the
Jurisdiction of the Downtown Development Authority with the exception of the
Southeast Overtown/Park West Redevelopment District, as more particularly
described in Exhibit "A".
Section 2: The Master Development Order for Downtown Miami (Exhibit
"A") is hereby granted and issued.
Section 3. The City Clerk is hereby authorized and directed to
immediately send certified copies of this Resolution together with Exhibit "A"
and copies of all exhibits, attachments, and written materials, including
portions of ordinances referenced in the text of the Master Development Order
to: The Florida Department of Community Affairs, 2571 Executive Center Circle
East, Tallahassee, Florida, 32301; The South Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and
the Downtown Development Authority, Suite 1800, One Biscayne Tower, Miami,
Florida 33132.
Section 4. The City Manager is hereby directed to take all actions
necessary to fulfill the City's obligations under the terms of the Master
Development Order.
Section S. In the event that any portion or section of this Resolution
or the Master Development Order for Downtown Miami (Exhibit "A") is
determined to be invalid, illegal, or unconstitutional by a court or agency of
competent jurisdiction, such decision shall in no manner affect the remaining
portions of this Resolution or the Master Development Order for Downtown Miami
(Exhibit "A"), which shall remain in full force and effect.
2
-44 97-1148
I'Sn'
PASSED AND ADOPTED this io_hday of becetnber___
XAVIER L. SUAREZ, MAYOR
ATTEST:
OmPMATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
JJISL E. MAXWELL
TANT CITY ATTORNEY
APPROVED AS 0 FORM AND CORRECTNESS:
iA A. DOUGHERTY, CITY ATTORNEY
12/14/87
Master
EXHIBIT "A"
MASTER DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director, Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION:
The Project consists of development in Downtown Miami
through the Year 2007,
including the
following land
uses and increments:
Land uses
Increment I
Increment iI
Increment III
Totals
Office
( gross square feet),-
- -7,100,0000
3,600,000
3,700,000
14,400,000
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(rooms)
11000
500
1,100
2,600
Residential
towelling 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 11050,000 2,100,000
Institutional
(gross square feet) 300,000 0 300,000 600,000
Attractions/Recreation
(seats) 3,400 1,600 5,000 10,000
Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides flexibility for
such development to be located anywhere within the Project Area; 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 i and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
1
98-4 4 :`
87-1148 / 5
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 259 19869
pursuant to F.S. 380.06 (1987).
CADA or Consolidated Application for Development Approval: The revised ADA
prepared pursuant to paragraph 21 on page 12 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate
of Occupancy issued, pursuant to Section 307 of the South Florida Building
Code, for any "Net New Development" as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority:
the City of Miami, Florida.
The Downtown Development Authority of
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.
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,
hotel rooms, seats in attractions/recreation facilities or gross square
footage for office, government office, retail/service, convention,
2
f38-44 :'
8 7-1148
wholesale/industrial institutional uses. Land uses to be reproved 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 impbtt as measured by peak hour vehicle trips.
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, and which is
designated by its owner or developer as land to be used or developed as a unit
or which has been used or developed as a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1
herein.
Project Area: The area included within the legal description in Exhibit 2.
Total Allowable Development: The quantity of Net.New Development for which
Certificates of Occupancy may be issued under the terms and conditions of this
Development Order, together with any attendant Incremental Development Order,
and as may be modified pursuant to F.S. 380.06(19) (1987). The City may
permit simultaneous increases and decreases between the land use catagories,
provided that the regional impacts of the land uses as changed will not exceed
the adverse regional impacts of the Project as originally approved, as
measured by total peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
C]
88-44:'
S7-1148 / i
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The DDA filed the ADA with the City, the Council, and the Florida
Department of Community Affairs.
D. The ADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987)
authorizing a downtown development authority to apply for development
approval and receive a development order for any or all of the area
within its jurisdiction. Individual developments are not identified or
required to be identified in the CADA.
E. The purpose of the CADA is to identify and assess probable regional
impacts and to obtain approval for Total Allowable Development in
accordance with the general guidelines set forth in this Development
Order and the CADA. The concept is to recognize the Project Area as a
single area of high intensity development and to focus the DRI review
process primarily on the impacts that Total Allowable Development within
the area will have on land, water, transportation, environmental,
community services, energy and other resources and systems of regional
significance. The CADA seeks a single DRI review process for overall
phased development of the downtown area rather than requiring each
Individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA and the DO are intended to serve as flexible guides for U 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
4
88--44 .'
87148 /
G.
K.
L.
M.
N.
P.
Q.
R.
S.
00
a living guide recognizing the evolution of market demand and
technologies.
The Project Area contains a total of approximately 839 acres, including
approximately 78 acres presently zoned and developed as City parks. The
CADA proposes Net New Development within the Project Area for the land
uses, quantities and phases defined herein as Total Allowable
Development.
The Project is not located in an area of critical state concern as
designated pursuant to F.S. 380 (1987).
A comprehensive review of the probable impacts that will be generated by
the Project has been conducted by various City departments; as reflected
in the CADA, and the South Florida Regional Planning Council staff.
This Development Order is consistent with the report and recommendations
Of the South Florida Regional Planning Council, entitled "Development of
Regional Impact Assessment for Downtown Miami - Master", dated October
5, 1987. The South Florida Regional Planning Council recommends
approval of the Project, and all conditions to which such approval is
subject are reflected herein.
The Project is consistent with the applicable portion of the State land
development plan and the Regional Plan for South Florida.
The Project is in conformity with the adopted Miami Comprehensive
Neighborhood Plan.
The Project is in acco►ld with the district zoning classifications of
Zoning Ordinance 9500, as amended.
The Project will have a favorable impact on the economy of the City.
The Project will efficiently use public transportation facilities.
The Project will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment.
The Project will efficiently use necessary public facilities.
The Project will include adequate mitigative measures to assure that it
will not adversely effect the environment and natural resources of the
City.
T. The Project will not adversely affect living conditions in the City.
U. The Project will not adversely affect public safety.
V. There is a public need for the Project.
88_44
11
`'3'7-1148
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. The Project complies with the Miami Comprehensive Neighborhood Plan, is
consistent with the orderly development and goals of the City of Miami,
and complies with local land development regulations.
C. The Project does not unreasonably interfere with the achievement of the
objectives of the adopted State land development plan applicable to the
City of Miami or the Regional Plan for South Florida.
D. The Project is consistent with the report and recommendations of the
South Florida Regional Planning Council and does not unreasonably
interfere with any of the considerations and objectives set forth in
F.S. 380 (1987).
E. Changes in the Project which do not exceed the Total 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 the Project is hereby approved,
subject to the following conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR NET NEW DEVELOPMENT
PURSUANT TO AN APPROVED DEVELOPMENT ORDER FOR EACH INCREMENT DESCRIBED HEREIN
AND SHALL:
1. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations,
ordinances and other laws.
2
92 7_1148 �0
20 Within 6 months of the effective date of this Development Order; adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall mulch, spray or plant grass in exposed areas
to prevent soil erosion and minimize air pollution during construction.
3. Within 6 months of the effective date of this Development Order; adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall place temporary screens, berms, and/or rip -
rap around sites under construction to filter or retain stormwater
runoff during construction.
4. Within 6 months of the effective date this Development Order, adopt and
implement a uniform ordinance or establish an accepted procedure to
require Net New Developments to design, construct and maintain
stormwater management systems to meet the following standards:
a. Retain the runoff from at least a 5-year storm on each Parcel of
Land wherever feasible and construct drainage systems as proposed
in the Consolidated Application for Development Approval (CADA).
Consistent with the CADA, individual drainage systems must be
designed to retain at least the first one -inch of stormwater
runoff within drainage wells and exfiltration trenches.
b. Install pollutant retardant structures (catch basin with
down -turned inlet pipe or other Dade County DERM-approved device)
to treat all stormwater runoff at each individual drainage
structure and/or well, and periodically remove pollutant
accumulations.
c. Limit application of pesticides and fertilizers in vegetated storm
water retention areas to once per year for preventive maintenance
and to emergencies, such as uncontrolled insect infestation.
d. Vacuum sweep all parking lots of eleven or more vehicle spaces and
private roadways serving the parking lots at least once per week.
e. Both during and following construction, prevent the direct flow of
stormater runoff (that has not been pre-treated pursuant to
Condition 4a. above) into surface waters.
1
ai
88-44:' 97--114S
5. Require Net New Development to comply with Dade County hazardous waste
requirements by the adoption and implementation of a uniform ordinance,
as may be found by the City to be applicable and necessary, providing
for hazardous materials accident prevention, mitigation, and response
standards, as described in a. through h. below. These standards shall
be maintained by individual developers who shall require by lease
agreement or building rule that all tenants classified by a SIC code
listed in Appendix 12A-8 of the CADA, incorporated herein by reference,
that use, handle, store, display, or generate hazardous materials
(materials that are ignitable, corrosive, toxic,_ or reactive), including
those identified on page 6 of Appendix 12A-8 of the CADA comply with
these standards; provided however, that the uses in and the wastes
listed in Appendix 12A-8 of the CADA shall be simultaneously amended
upon the addition or deletion of any or all of the listed uses,
materials, or wastes by amendment to the "County and Regional Hazardous
Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida
Administrative Code. At a minimum, these standards shall:
a. Require that buildings or portions of buildings where hazardous
materials or hazardous wastes, as defined above, are to be .used,
displayed, handled, generated, or stored shall be constructed with
impervious floors, without drains, to ensure containment and
facilitate cleanup of any spill or leakage.
b. Prohibit any outside storage of hazardous materials or hazardous
waste. The exception to this condition is for retail goods
typically associated with residential nursery activity, such as
lawn fertilizers and garden pesticides. Those areas used for the
storage of these goods are subject to the requirement contained in
Condition Sc. below.
C. Require that any area used for loading and/or unloading of
hazardous material be covered and equipped with a collection
system to contain leakage and accidental spills.
8
88-44 :' 01�4D
87-1148
d: Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and provide Dade County DERM copies of the following
forms of ' documentation or proper hazardous waste management
practices:
- a hazardous waste manifest;
- a shipment to a permitted hazardous waste management facility;
or
a confirmation of receipt of materials from a recycler or a
waste exchange operation..
e. Prohibit generation of hazardous effluents; unless adequate
facilities, approved by Dade County BERM and Florida Department of
Environmental Regulation, are constructed and used by tenants
generating such effluents.
f. Dispose of hazardous sludge materials generated by effluent
pre-treatment in a manner approved by the Federal Environmental
Protection Agency and the Florida nPpartmpnt of Environmental
Regulation.
g. Notify any tenant generating wastes of the penalties for improper
disposal of hazardous waste pursuant to F.S. 403.727.
h. Allow reasonable access to facilities for monitoring by Dade
County BERM, Council staff, and the Florida Department of
Environmental Regulation to assure compliance with this
Development Order and all applicable laws and regulations.
6. Enact an ordinance requiring Net New Development to remove all invasive
exotic plants, including Melaleuca, Casuarina, and Brasilian Pepper,
from their Parcel of Land as the parcel is cleared, and use on'y those
plant species identified in Appendix 8-4 of the CADA for landscaping.
Additional species may be used only if written approval is provided by
Council staff. Such approval will be based on the species under
consideration meeting the following criteria:
a. does not require excessive irrigation
9
99-44:' 23
S 7-ii48
��f
I a
b. does not require excessive fertilizer application
ce is not prone to insect infestation or other pests
d. is not prone to disease
e. does not have invasive root systems
f. such other criteria as may be appropriate
7. Coordinate with appropriate agencies to ensure that those areas
frequented by the West Indian manatee and Brown pelican are properly
identified to reduce the impact of development on these species.
Measures may include, but are not limited to, warning signs; idle speed
zones, etc. Provide information to developments located adjacent to the'
Miami River or Biscayne Bay which may adversely impact these species,
which shall be distributed by the developer to users of the development.
This information should include, but is not to be limited to; pamphlets
and signs on frequency of site use, man -induced adverse impacts; and
measures to avoid these impacts.
B. Direct the City Manager to establish procedures whereby the Police
Department and Fire Department shall make recommendations to incorporate
security measures into the design and operation of Net New Development.
9. Collaborate with the Dade County School Board, by providing planning
information and information on Net New Development of residential units,
to address concerns regarding the availability and access to schools for
students from future residential development within the project area.
10. Encourage the incorporation of energy conservation measures into the
design and operation of Net New Development by requiring that, at a
minimum, all Net New Development shall be constructed in conformance
with the specifications of the State of Florida Energy Efficiency Code
for Building Construction (State Energy Code).
OW
11. As part of the building permit application, prior to approving any
activity involving rehabilitation, demolition, or structural changes to
historic buildings listed in Exhibit 3 herein, require the applicant to
submit to the Florida Department of State Division of Archives, History,
and Records Management and the City of Miami Planning Department
photographs of the structure and a description of proposed activities
10 O) q
98-44:' 7
87-1148
t the potential effect historic ro erty. Prior
for assessment p t on the P P
to approving
any permit for
ground
disturbing activities
related
to
construction
or tree removal
within
the archaeological zones
listed
in
Exhibit 4 herein, require the applicant to contact these same two
agencies to make arrangements to survey and assess the area. This
condition will not apply to those historic buildings and archeological
zones that are designated as Heritage Conservation districts pursuant to
paragraph 12 below.
12. Attempt to have all properties and archaeological zones in Exhibits 3
and 4 herein designated as Heritage Conservation districts under Article
16 of Zoning Ordinance 9500, the Zoning Ordinance of the City of Miami,
Florida, as amended.
13. For all development activity, other than development on sites contained
in Exhibits 3 and 4 herein (since these sites are subject to Condition
11. and 12. above), as part of the building permit application require
the applicant, pursuant to state law, to notify the Florida Department
of State Division of Archives, History and Records Management of
construction schedules, and where potentially significant historical or
archaeological artifacts are uncovered during construction, permit State
and local archeological officials to survey and excavate the site. When
required by law, delay construction for up to 3 months in any portion of
the construction site necessary to permit the archeological survey and
excavation to be completed.
14. Monitor development and redevelopment activities to ensure that there is
no net loss of low-income housing opportunities within the City of
Miami. Any net loss of such units within the Project Area shall be
counterbalanced by a gain in another area within the City of Miami.
15. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
wastewater treatment capacity will be sufficient to meet the needs of
that development.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
11
98-4 4 97-1 148 � S
d ate water an adequate supply will be available meet the needs of that
_
development.
17. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
solid waste disposal capacity will be sufficient to meet the needs of
that development.
18. Have the authority to assess development for its proportionate share of
the costs of improvements and/or services necessary to monitor and/or
mitigate any adverse impacts. The City shall also have authority to
assess development its proportionate share of the costs attributable to
preparation of the master plan for downtown, the Application for
Development Approval, and this Development Order, as well as the future
costs of reviewing individual development applications, monitoring
compliance with this Development Order, and any other costs reasonably
related to the administration and implementation of this Development
Order. "If necessary, the City 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."
MONITORING, REPORTING, AND ENFORCEMENT:
19. The City shall monitor the capacity of Total Allowable Development by
reserving the amount of Development Credits necessary for Net New
Development at a time,
to be
determined by the City,
prior to or
coincident with approval
of a
building permit or Major
Use Special
permit. The City shall
place
reasonable time limits on
all building
permits and Major Use
Special
Permits to assure that
i
construction
progresses within a reasonable period of time after approval to prevent
stockpiling of reservations for Development Credits. The time period
established by the City shall take into account the size of the proposed
Net New Development in relationship to the time necessary to begin
construction.
12
pQ-^ ~1 C /-1148 2b
I 'I&
20. 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.
21. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council; one copy to the City
Clerk, and one copy to the Florida Department of Community Affairs
within thirty (30) days of the effective date of this -Development Order.
The CADA shall be prepared as follows:
a. Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of this
Development Order, whether in response to a formal statement of
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
b. Revised pages will have a "Page Number (R) - Date" notation, with
"Page Number" being the number of the original page, "(R)"
indicating that the page was revised, and "Date" stating the date
of the revision.
22. The Consolidated Application for Development Approval is incorporated
herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380 (1987), and local
ordinances. Substantial compliance with the factual representations
contained in the Consolidated Application for Development Approval is a
condition for approval unless waived or modified by agreement allong the
Council, City, and Applicant, its successors, and/or assigns.
23. All terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
13
0-1
99-440 97-1148
,a 4
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.
24. The following regional issues as they appear in the Consolidated
Application for Development Approval have been sufficiently reviewed for
the total Project (extending through the year 2007) and shall not be
required to be reviewed as each incremental portion of the Downtown
Miami DRI is submitted:
Maps: Map A - Location
Maps-B-1, B-2, B-3, B-4 - Aerial Photo(s)
Map C-5 - Flood Zones
Map D-1 - Existing Land Use
Map E - Soils
Map F - Vegetation
Maps G-1, G-2 - Drainage
Maps I-1, I-2, I-3, I-4 - Public Facilities
25.
Question 5: Water Quality
Question 6: Wetlands
Question 7: Flood Prone Areas
Question 8: Vegetation and Wildlife
Question 9: Historical and Archaeological Sites
Question 12: Other Public Facilities
C. Energy
D. Education
E. Recreation and Open Space
Question 13: Housing
The following regional issues as they appear in the Consolidated
Application for Development Approval have not been sufficiently reviewed
for the total Project (extending through the year 2007) and, as
appropriate, will be required to be reviewed as each incremental portion
of the Downtown Miami DRI is submitted:
14
99-44 7
Question 1: Applicant Information
Maps: Map H - Master Development
Maps J series - Transportation Network
Display Graphics and Boards
Question 3: Project Description
Question 4: Air Quality
Question 10: Employment and Economic Characteristics
Question 11: Transportation
Question 12: Other Public Facilities
A. Wastewater, Water, and Solid Waste
B. Health Care, Police, and Fire
26. Grounds for denial by the South Florida Regional Planning Council of any
subsequent applications for an incremental portion of this proposed
development will be limited to any unresolved issues pertaining to
Question 4: Air Quality and/or Question 11: Transportation.
27. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of Community Affairs on
or before each anniversary date of this Development Order. As each
development increment receives a Development Order, the annual report
-shall include the development covered by the incremental Development
Order so that a single annual report is compiled for the entire Project.
The annual report shall include, at a minimum:
a. A complete response to each question in Exhibit S.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
C. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
is
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 known incremental or amended DRI applications
for development approval or requests for a substantial deviation
determination that were filed in the reporting year or to be filed
during the next year.
f. An indication of change, if any, in City jurisdiction for any
portion of the development since issuance of this Development
Order.
g. A statement that all persons have bPPn sent cnpies of the annual
report in conformance with F.S. 380.06(18) (1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was recorded by the
Applicant pursuant to F.S. 380.06(15) (1987).
i. A report from DERM of any known violations of the hazardous waste
requirements contained in paragraph 5 herein.
J. The number of low -incoming housing units lost from demolition and
conversion within the Project Area, as well as the total number of
new low income housing units within the City.
r
k. Any other information required by the Department of Community
Affairs (DCA) in accordance with F.S. 380.06(18)(1987).
28. The City shall enforce the requirements of the Dade County Shoreline
Development Review Ordinance (85-14) for all subsequent developments
within the Shoreline Development boundary.
16
9e-44%' 87-1148 3G
29. The deadline for commencing any development shall be two (2) years from
the effective date of this Development Order. The termination date for
completing development shall be December 31, 2007, provided that the
Applicant, or its successors and assigns; complies with paragraph 34
herein. The termination date may only be modified in accordance with
F.S. 380.06(19)(c) (1987).
30. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Community Affairs, Council, and
Applicant; provided, however, that if this Development Order is
appealed, the effective date will' not 'start until the day after all
appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)
(1987).
31. The City shall not violate any of the conditions of this Development
Order or otherwise fail to act in substantial compliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by tie
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (herei.nafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to the Parcel of Land, in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land, upon
passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days, the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
unless the violator does not diligently pursue the curative action to
17
98--44 4 9. 7-114s 3
completion within a reasonable time; in which event the City will give
15 days notice to the violator of its intention to stay the
effectiveness of this Development Order and withhold further permits,
approvals, and services to the Parcel of Land in which the violation has
occurred and until the violation is cured. The terms of this paragraph
may be modified from time to time by written agreement by the ODA, the
City, and Council staff, to enable the City to enforce the terms of this
Development Order to the fullest extent, while providing due process to
all Developers under this Development Order.
32. 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 31 herein.
33. The South Florida Regional Planning Council ORI report and .
recommendations, entitled "Development of Regional Impact Assessment for
Downtown Miami - Master", dated October 5, 1987, is incorporated herein
by reference.
34. 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 -essigns,
Jointly or severally.
35. The existence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 380 (1987) to file an
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, not
18
98-44 /�
9�-114� 3P-
withstanding the existence of this Development Urder. 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.
36. 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).
37. 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.
38. 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.
39. In the event that this Development Order is subject to litigation
wherein an injunction is issued staying the enforcement of this
Development Order, the City shall either, under this Development Order
or under the powers granted it by state law, be permitted to continue to
issue building permits and Major Use Special Permits until such time as
a final resolution of the litigation occurs.
19
98-44 97-1148 33
40: Open the adoption of the local government comprehensive plan pursuant to
F.S. 163.3161 (1985). as amended, for the City of Miami; the City may
rescind this Master Development Order at the completion of the first
increment in the event that the City, after a public hearing, deems such
action is in the best interest of the City.
20
1.
t
Exhibit 1
m
W
Z
O
DOWNTOWN MIAMI DRI BOUNDARY MAP
lo-A 98-44 91 q�y -1148
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 bf 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 northt3sterly
along said line of Lots 4 and 5 and its prolongation thereof to the
centerline of S.E. 14th Street; thence southeasterly along said
centerline of S.E. 14th Street to a point of intersection with the
existing bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
21
98-44
37-1148 ��
Bridge; thenceo*.sterly along the said southeo# 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 westerlily along the centerline of
N.E. 17th Street and its extension thereo-',` �-o 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
Street to the point of beginning. The above described area contains
approximately 839 acres.
22
-•�%, 3
�
g7"'i14t9
MOMI TES US= IN a rQIEiiI UT IL MUM
FU nx Mn=& IMIS'1flt W NISMIC rubs
I.
►0 owns Aaleran
AllAlllssm aenl
2f.
If& S. I. 1 Stnet
Itsagte0 Aelidiag
2.
3.
= 11"Arrs MIIsNw
"a fllearm feelevers
14M AsMssn
Teaaw &a fuaa
M.
111 1. t. 2 AV~
CaOnsS "Sidi"
G.
im Ilwnn aslerara
Frans law
9LAmG
31.
g.
211 S. t. 2 Awase
11111.30 0. t. 1 Street
Ingralas Wilding
Aw clurce w Ascalry
f.
f.
13m fiscal/ falevers
1401 fl/cares miscue
%we. Arian Pas a.
sh"m Aalldlag
W
23.
f0 S. t. a Street
Royal /410 Cutup
1.
IOi lrlooll Aveale
inctall nomiw
34.
IS.
22 A. t. S Suet
H 1. Y. f Scram
William 0. C01111a "raw
Salwtles AM Clu"I
A.
f.
100 inoell Awnw
Igo t. Fleglw sow
Flret h\anrtmen circa
Aurae 1. mom bdildinlg
X.
Ia. lA. 1A. 21. A S. E. f
SentAwst bte Stress Am
10.
lta t. Floglw saw
OlAls Ttnu► ON
OHIa building
■FOOD
If.
stmn
In S. t. 12 Terrace
Or. Jesse aacts00 orrNt
U.
too C. Ryles inwt
IUlvim
>r.
of f. Y. Is Sues
Swasldo Scaanl
U.
303 t.'flaglw Street
Like Waage do. fan
39.
AM 1. t. if Street
Trinity tbllaeal Cana
U.•
13 Y. Flaglw SUM
Aed1 commit 4arig"m
ORA Mf
40.
E. 111pl r time. 8.9. 1
Detvi"rs a141 commercial
aM slant City WII
ftwlou S. atasl ArOOe
Nleterlc 01/tr10t
14.
601-47 0. Mani denP>•
CRSIlia, flsms
W 1433.
vicinity
W w1y1
If.
Maw Av
1391 ■. Manw
CItiR ba
son
Qc9m=fl
is.
1A01 a. Plan Avenue
Five butter so. 2
It.
I= S. plan Aar
Flis futlea n. A
mm"
IA
- IYaeMI beglSur . IItW
IS.
1023 S. Plain Areaee
mob as Aaerssnu
W
• National Register - alom"t/a of eligibility
to.
I3S0 S. also Aver
wlFara a. Aeraalrt Pawn
ON
ow - City of Pled assume Stu
20.
too a. t. 1 Awune
Old O.S. Fat OHles as
CaraMw
11.
137 1. t. 1 Assume
Sawn r Sol total .
22.
140 1. t. 1 Avwre
Oa1P gliding
23.
3m r 1. t. I Ave
Y.S. Fast Ortlea ae
OA
cowmalaae
2e.
W A. t. 1 Anso
Count baatlss came
cm
2S.
1221.21 1. t. 1 Aver
to"mv inn
26.
120 /. t. 1 Stases
Sumac Areas)
21.
1311 1. t. 1 itlwt
mover-alser 801141rg
N.
111 S. t. 1 1~
City 114216061 gone
611114189
Oswd /tm m AM AatasalL IIA, 900l1ft KulO Am Vert R1L W■Ra"04tlweb Aad JoNp► ma gJlNver1YP9 600" lg C;o "WOL Ina
1
MAP D-2 HISTORICAL SITES
DOWNTOWN MASTER PLAN 98--44f
DEVELOPMENT OF REGIONAL IMPACT •�i� t 4
Exhibit 3`
OAtf
IlFOOD
OOAI
OOA
Out/On
OS/OOa
■
3R
`3F7-114h
hibit 4
AM39ntMCAL Z=
I. 61sc rm ArcMl"ical Zone
2. ommt Arehnlo "cal Zone
]. W id Tnis Coster ArChniaiial Zone ►
A. ireasa Arthole0ical Zom
I. iert Dallas ArcMlogical ions
f. Merta IM ArMel"lcal Zone
7. /rictell ArcMlo'ical Zone
L Irietell Part ArCM61"Ical Zan
!. Ir"UrtIMan ClUrtn ArCOW03"teal Zone
10. Sane 84mnh AreMl"ical Zone
11. Mast lam Arteaelegical Zone
Dom Aomm *m AMmons as BWAW& VAM #M ws ed VANW Arne /w .Wrw ea btMA CAFMA&ML nn
MAP D-3 ARCHEOLOGICAL ZONES
DOWNTOWN MAS�'FRPLAN 98-44;r 31
DEVELOPMENT OF REGIONAL IMPACT 7-114±
A
Exhibit.5
Page 1
STATE OF FLORIDA BLWM-07-85
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF LAND AND WATER MANAGEMENT
2571 Executive Center Circle, East
Tallahassee, Florida 32301-8244
(904) 488-4925
Subsection 380.06(16), Florida Statutes, places the
responsibility on the developer of an approved development of
regional impact (DRI) for submitting an annual report to the
local government, the Regional Planning Council the Department
of Community Affairs, and to all affected permit agencies, on the
date specified in the Development Order. The failure of a
developer to submit the report on the -date specified in the
development order may result in the temporary suspension of the
development order by the local government until the annual report
is submitted to the review agencies. This requirement coolies to
all developments of regional impact which have been approved
since August 6, 1980. If you have any questions about this
required retort, call the DRI Enforcement Coordinator at,
(904) 488-4925.
Please send the original completed annual report tc the
designated local government official stated in the development
order with (1) Copy to each of the following:'
a) The regional :larnine amency of jurisdiction;
b) All affected permitting agencies;
c) Devision of Resource Planning and Management
Bureau of Land and water Management
2571 Executive Center Circle, East
Tallahassee, Florida 32301
Please format your Annual Status Report after the format example
provided below.
r
ANNUAL STATUS REPORT
Reporting Period: to
ftnsn ay/Year ironwr ay/Year
ff
Development:
Name of DRI
Location: ,
City County
Developer: Name:
C=2any Name
Address:
tree? LOCa?Iom
.,ity, Sta?e, ZI; Coze �d
67 98-44 7 9. 7-11419
Exhibit .5
Page 2
BLWM-07-85
Page Two
1) Describe any changes made in the proposed Dian of
development, phasing, or in the reoresentations contained in the
Application for Development Approval since the Development of
Regional impact received approval. Please note any actions
(substantial determinations) taken by local government to address
these changes.
Note: If a response Is to be more than one sentence, attach as
Exhibit 'A' a detailed description of each change and copies of
The modified site plan drawings. Exhibit 'A' should also address
The following additional items if applicable.
a) -Describe changes in the plan of development or phasing
for the reporting year and for the subsequent years;
b) State any known incremental DRI ap:lications for
development aporoval or recuests for a substantial
deviation determination that were filed in the retorting
year and to be filed Curing the next year;
c) Attach a copy of any notice of the adoption of -a
develooment order or the subsequent modification of an
adopted develooment order that was recorded by the
developer pursuant to Subsection 380.05(14)(d), F.S.
2) Has there been a change in local government jurisdiction
for Iny portion of the develooment since the development order
was issued? if so, has The annexing local government adopted a
new Oevelooment of Regional impact development order for the
project? Please provide a COPY of the order adopted by the
annexing local government.
3) Provide copies of any revised master plans, incremental
site plans, etc., not Previously submitted.
Note: If a response is to be more than one or two sentences,
attach as Exhibit 'a'.
4) Provide a summary comparison of development activity
proposed and actually conducted for the reporting year.
01
Examole: Number of dwelling units constructed, site improve-
menTs, lots sold, acres mined, gross floor area constructea,
barrels of storage cappelty completed, permits obtained, etc.
Note: If a response is to be more than one sentence, attach as
Exhibit 'C'.
5) Have any undeveloped tracts of land in the develooment
(other than individual single-faRily lots) been sold To a
sezaraTe entity or develober? If so, identify tract, its size,
ana the tuver. Please ;rovide mass which show the TracTs
involve:.
iraCT
66
yr
ever 88--4410' 97--2.148
Exhibit 5
Page I
BLWM-07-83
Page Three
Note: If a response is to be more than one sentence, attach as
Exhibit 'D'.
6) Describe any lands purchased or optioned adjacent to the
original Development of Regional Impact site subsequent to
issuance of the development order. Identify such land, its size,
and intended use on a site plan and map.
Note: 'If a response is to be more than one sentence, attach as
Exhibit 'E'/
7) List any substantial local, state, and federal permits
which have been obtained, applied for, or denied, during this
reporting period. Specify the agency, type of permit, and duty
for each.
Note: If a response is to be more than one sentence, attach as
Exhibit 'F'.
8) Assess the development's and local governmenT:s•
continuing compliance with any conditions of approval contained
in the DRI development order.
Note: Attach as Exhibit 'G'. (See attached form)
9) Provide any information that is specifically required
by the Development Order to be included in the annual report.
10) Provide a state-ient certifying that a•ll persons have
been sent cozies of the annual report in conformance with
Subsections 380.06(14) and (16), F.S.
Person co-aletinc The -Questionnaire:
Title:
Rearesenting:
69
98-44i'
y�
Exhibit "A"
J-87-1109 Increment I Development Order
Downtown DR I
RESOLUTION NO. 87-1149
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING AN
INCREMENT I DEVELOPMENT ORDER; APPROVING SAID
DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY
OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE
CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER
ATTACHED HERETO AS EXHIBIT 'A", THE APPLICATION
FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY
REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL
INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT I DEVELOPMENV ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS
IN INTEREST; DIRECTING THE CITY CLERK TO SEND
COPIES OF THIS RESOLUTION AND THE INCREMENT I
DE"CLOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT; DIRECTING THE CITY MANAGER TO TAKE
ALL ACTIONS NECESSARY TO FULFILL THE CITY'S
OBLIGATIONS UNDER THE INCREMENT I DEVELOPMENT
ORDER; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, on November 26, 1986, the Downtown Development Authority of the
City of*Miami submitted a complete Application for Development Approval for a
Development of Regional Impact to the South Florida Regional Planning Council,
the Florida Department of Community Affairs, and the City of Miami pursuant to
F.S. 380.06 (1987), for the ongoing development through the year 2007 of a
portion of the area within the DDA jurisdiction, as legally described in the
Development Order attached hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
December 9, 1987, following an advertised public hearing, adopted Resolution
C
No. 75-87 by 6 to 2 vote, recommending approval of the Increment I
Development Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987); and
WHEREAS, the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
CITY COMMISSION
ATTACHMENTS MEETING OF
1 DEC 10 1987
ENMOSiD 9--440 _ y3
RESOLUTION No. 91� 114.
Exhibit "A"
J-87-1109 Increment I Development Order
Downtown DRI
RESOLUTION NO. 8 7-1149
A RESOLUTION CONCERNING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION
OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH
THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO AN APPLICATION FOR DEVELOPMENT
APPROVAL PROPOSED BY THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY; AUTHORIZING AN
INCREMENT I DEVELOPMENT ORDER; APPROVING SAID
DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY
OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE
CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER
ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION
FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY
REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL
INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE INCREMENT I DEVELOPMENT'ORDER
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS
IN INTEREST; DIRECTING THE CITY CLERK TO SEND
COPIES OF THIS RESOLUTION AND THE INCREMENT I
DE CLOPMENT ORDER TO AFFECTED AGENCIES AND THE
APPLICANT; DIRECTING THE CITY MANAGER TO TAKE
ALL ACTIONS NECESSARY TO FULFILL THE CITY'S
OBLIGATIONS UNDER THE INCREMENT I DEVELOPMENT
ORDER; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, on November 26, 1986, the Downtown Development Authority of the
City of'Miami submitted a complete Application for Development Approval for a
Development of Regional Impact to the South Florida Regional Planning Council,
the Florida Department of Community Affairs, and the City of Miami pursuant to
F.S. 380.06 (1987). for the ongoing development through the year 2007 of a
portion of the area within the DDA jurisdiction, as legally described in the
Development Order attached hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
December 9, 1987, following an advertised public hearing, adopted Resolution
No. 75-87 by 6 to 2 vote, recommending approval of the Increment I
Development Order for Downtown Miami as attached hereto; and
WHEREAS, on December 10, 1987, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987); and
WHEREAS, the City Commission considered the Application for Development
Approval, the report and recommendations of the South Florida Regional
ATTACHMENTS
1
CITY COMMISSION
MEETING OF.
�...4;� 011 DEC 1-10 1987
RESOLUTION No. A7-1 1
1
y3
Planning Council, and each element required to be considered by F.S. 380.06
(1987); and
WHEREAS, the City Commission determined that all requirements of notice
and other legal requirements for the issuance of the proposed Increment I
Development Order had been complied with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Increment I Development
Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Increment I Development Order for
Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof
by reference, and is applicable to an area encompassing that area within the
City of Miami under the jurisdiction of the Downtown Development Authority,
with the exception of the Southeast Overtown/Park West Redevelopment District,
as more particularly described in Exhibit "A".
Section 2. The Increment I Development Order for Downtown Miami,
(Exhibit "A"), is hereby granted and issued.
Section 3. The City Clerk is hereby authorized and directed to
immediately send certified copies of this Resolution together with Exhibit "A"
and copies of all exhibits, attachments, and written materials, including
portions of ordinances referenced in the text of the Increment I Development
Order to: The Florida Department of Community Affairs, 2571 Executive Center
Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140' Hollywood; Florida, 33021; and
the Downtown Development Authority, Suite 1800, One Biscayne Tower; Miami,
Florida 33132.
Section 4. The City Manager is hereby directed to take all actions
necessary to fulfill the City's obligations under the terms of the Increment I
Development Order for Downtown Miami (Exhibit "A").
2
98-44 4� ` 7-1149 c
y/
Section S. In the event that any portion or section of this Resolution
or the Increment I Development Order for Downtown Miami (Exhibit "A") is
determined to be invalid, illegal, or unconstitutional by a court or agency of
competent jurisdiction, such decision shall in no manner affect the remaining
portions of this Resolution or the Increment I Development Order for Downtown
Miami (Exhibit "A"). which shall remain in full force and effect.
PASSED AND ADOPTED this ;=day of December 1987.
XAVIER L. SUAREZ, MAYOR
ATTEST:
TTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
VOS
LE. MAXWELLISTANT CITY ATTORNEY
i
APPROVED AS IORM AND CORRECTNESS:
i
I
LUCIA A. DOUGHERT KCITY ATTORNEY
i
1
i
3
8-44 97_t19
yS a
12/14/87
Increment 1
EXHIBIT "A"
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie; Executive Director; Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I
Increment II
Increment III
Totals
Office
(gross square feet)
7,100,000
3,600,000
3,700,000
14,400,000
Government Office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(rooms)
1,000
500
1,100
2,600
Residential
(dwelling units)
3,550
2,550
2,920
9,020
Convention
(gross square feet)
500,000
0
0
500,000
Wholesale/Industrial
(gross square feet)
1,050,000
0
1,050,000
2.100,000
Institutional
(gross square feet)
300,000
0
300,000
600,000
Attractions/Recreation
(seats)
3,400
1,600
5,000
10,000
Pursuant to'F.S. 380.06(22) (1987), the Project specifies the total amount of
development planned for each land use category, but provides -flexibility for
such development to be located anywhere within the Project Area, subject to
local land development regulations. The Project Area includes all nroperty
within the boundaries of the Downtown Development Authority, with the
exception of that area between NE/NW 5th Street and I-395 known as "Park
West", as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
1
98-44:' � 1-16
%'-2149
12/14/87
Increment 1
EXHIBIT 'A"
INCREMENT I DEVELOPMENT ORDER
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director; Downtown
Development Authority and Sergio Rodriguez, Director, City of Miami Planning
Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami
through the Year 2007, including the following land uses and increments:
Land Uses
Increment I
Increment II
Increment III
Totals
Office
(gross square feet)
7,100,000
3,600,000
3,700,000
14,400.000
Government Offic:
(gross square feet)
300,000
250,000
200,000
750,000
Retail/Service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel
(rooms)
1,000
500
1,100
2,600
Residential
(dwelling units)
3,550
2,550
2,920
9,020
Convention
(gross square feet)
500,000
0
0
500,000
Wholesale/Industrial
(gross square feet)
1,050,000
0
1,050,000
2,100,000
Institutional
(gross square feet)
300,000
0
300,000
600,000
Attractions/Recreation
(seats)
3,400
1,600
5,000
10,000
Pursuant to'F.S. 380.06(22) (1987), the
Project specifies the total
amount of
development planned
for
each land use category,
but
provides
flexibility for
such development to
be
located anywhere within
the
Project
Area, subject to
local land development regulations. The Project Area includes all nroperty
within the boundaries of the Downtown Development Authority, with the
exception of that area between NE/NW 5th Street and I-395 known as "Park
West", as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 839 acres
of land, including approximately 78 acres currently zoned and developed as
City parks.
1
98-44:'
4/4
�-2149
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 2S. 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.
FOER: The Florida Department of Environmental Regulation.
Major Use Special Permit: A special permit issued by the City Commission
pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as
amended.
2
98--44'. �
'� -2.149
Net New Development: Any construction or reconstruction which will result in
a net increase, within any "Parcel of Land", of residential dwelling units,
hotel rooms, seats in attractions/recreation facilities or gross square
footage for office, government office, retail/service, convention,
wholesale/industrial or institutional uses. Land uses to be removed by
demolition of a building or structure may be credited against the proposed new
land uses for purposes of calculating the net increase, if the Planning
Director determines that there was a valid Certificate of Occupancy existing
on the effective date of this Development Order for the land uses to be
demolished. If a change of land use is proposed, the Planning Director may
credit the prior land use against the proposed land use based upon equivalent
impacts as measured by peak hour vehicle trip generation. Any activity which
has on the effective date of this Development Order a valid building permit or
any currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New Development any
small development under 10,000 square feet in.floor area, if he finds that
3ic9 develiJpl era 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 conditions7of this
Development Order, together with the applicable Master Development Order, as
may be modified pursuant to F.S. 380.06(19) (1987), and which shall be
measured by the following land uses:
Office 7,100,000 gross square feet
Government Office 300,000 gross square feet
3
98-440
A
®i
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
1,050,000 gross square feet
1,000 rooms
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
3,400 seats
_ The City may permit simultaneous increases• and decreases in the above
described land use categories, provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved, as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The 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. s
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
4
98 -44 i�
y9
97-1.14.9
Retail/Service
Hotel
Residential
Convention
Wholesale/Industrial
Institutional
Attractions/Recreation
1,050,000 gross square feet
1,000 rooms
3,550 dwelling units
500,000 gross square feet
1,050,000 gross square feet
300,000 gross square feet
3,400 seats
_ The City may permit simultaneous increases• and decreases in the above
described land use categories, provided that the regional impacts of the land
uses as changed will not exceed the adverse regional impacts of the land uses
in Increment I of the Project as originally approved, as measured by total
peak hour vehicle trips.
FINDINGS OF FACT:
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
B. The real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The 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
4
98-4�i'
97-1.149 y9
04
the area will have on land, water; transportation; environmental;
community services, energy and other resources and systems of regional
significance. The CADA seeks a single DRI review process for overall
phased development of the downtown area rather than requiring each
individual DRI scale development within the downtown area to file for
separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CADA is intended to serve as a flexible guide to planned development of
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
5
approval of Increment I of the Project; and all conditions to which such
approval is
subject are reflected herein.
K.
Increment I
of the Project is consistent with the applicable portion of
the State land
development plan and the Regional Plan for
South Florida.
L.
Increment I
of the Project is in conformity with the
adopted Miami
Comprehensive
Neighborhood Plan.
M.
Increment I
of the Project is in accord with the district
zoning
classifications
of Zoning Ordinance 9500, as amended.
N.
Increment I
of the Project will have a favorable impact
on the economy
of the City.
P.
Increment I
of the Project will efficiently use public
transportation
facilities.
Q. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
R.
Increment I
of the Project will
efficiently use necessary public
facilities.
S.
Increment I
of the Project will include
adequate mitigative
measures to
assure that
it will not adversely
effect the environment
and natural
resources of
the City.
T.
Increment I
of the Project will not
adversely affect living
conditions
in the City.
U.
Increment I
of the Project will not
adversely affect public
safety.
V.
There is a public
need for Increment I of the Project.
CONCLUSIONS OF LAW:
That, having made the findings of fact contained above, the City
Commission hereby concludes as a matter of law, the following:
A. The DDA constitutes a "downtown development authority" as defined in
F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make
application for development approval and receive a development order.
B. Increment I of the Project complies with the Miami Comprehensive
Neighborhood Plan, is consistent with the orderly development and goals
of the City of Miami, and complies with local land development
regulations.
6
8`4' F 'V
97-1149 s ,
■I
C. Increment I of the Project does not unreasonably interfere with the
achievement of the objectives of the adopted State land development plan
applicable to the City of Miami and the Regional Plan for South Florida.
D. Increment I of the Project is consistent with the report and
recommendations of the South Florida Regional Planning Council and does
not unreasonably interfere with any of the considerations and objectives
set forth in F.S. 380 (1987).
E. Changes in Increment I of the Project which do not exceed the Total
Allowable Development or which do not result in a net reduction of more
than 5 percent in total acreage zoned and developed as City parks, shall
not constitute a substantial deviation under F.S. 380 (1987).
ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of
law set forth above, it is ordered that Increment I of the Project is hereby
approved, subject to the following conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE
DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER
TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL:
1. Require all development pursuant to this Development Order to be in
accordance with applicable building codes, land development regulations,
ordinances and other laws.
2. For the purpose of base -line data collection, conduct air quality
monitoring for carbon monoxide (CO) concentrations based on the
'following requirements:
a. CO monitoring data shall be provided for each of the three (3)
sub -areas as described in the CADA: Brickell, the Central
Business District and Omni.
b. The monitoring shall consist of four (4) weeks of data collection
during the winter months, November 15th through March 15th, for
each sub -area.
7
98-44 97-1.149
A ON
c. The monitoring for each sub -area shall be completed prior to the
issuance of any certificate of occupancy within that sub -area for
the first development under this Development Order which meets 100
percent of the presumptive threshold for Developments of Regional
Impact pursuant to Rule 27F, F.A.C., within that sub -area; or
prior to March 15, 1991, whichever comes first.
d. The monitor will be located at the presumed worst case
intersection for the 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 ooliries 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
sha11:
a. Be limited to no more than ten (10) intersections to be selected
s
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.
n
98-44 i ` 7-'1149
53
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. '
S. 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
98-447 9'7-1149
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 iTair
share in 1987 dollars), to be expended on any or all of the following
transportation improvements:
a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge
and approaches,
b. intersection improvements to the entrance and exit ramps to I-395
at NE 1st Avenue and NE 2nd Avenue;
ce 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: four 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
the current Metropolitan Planning Organization's Transportation
10
98-447 9I 1149
A4
Improvement Program (TIP) published in June; 19874*1 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, 19930 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
be 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 442(R) of the CADA. The
TCM ordinance must be approved by Council with input from the Florida
Department of Community Affairs and the Florida Department of
Transportation.
10. In the event that a Transportation Control Measures (TCM) Ordinance
substantially in accord with paragraph 9 above is not adopted by the
11
98— 441079 I —1.149 5b
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 December 31, 1992 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
.T
Regional Impact shall not be subject to down -zoning, unit density
reduction, or intensity reduction to the extent of the amount of
development included within the building permit or Major Use Special
Permit, unless the City can demonstrate that substantial changes in the
conditions underlying the approval of the development order have
occurred, or that the development order was based on substantially
12
.52
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
information needed or otherwise, the original pages of the ADA
will be replaced with revised pages.
13
98-44 7 9 1149
0
b. Revised pages will have a "Page Number (R) - bate" 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 nn 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. am
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CADA, or
in the phasing for the reporting year and for the next year.
c. A summary comparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
14
98-44 8;-1i49
59
ON
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.
20. The deadline for commencing any development shall be two (2) years from
the effective date of this Development Order. The termination date for
completing development shall be December 31, 1992, provided that the
Applicant, or its successors and assigns, complies with paragraph 25
15
fis-44 , 1 97-1149
�OG
herein: The termination date may only be modified in accordance with
F.S. 38O.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 stall stay- the effectiveness of this
Development Order as to the Parcel of Land in which the violative
activity or conduct has occurred and withhold further permits,
approvals, and services for development in said Parcel of Land upon
passage of any appropriate resolution by the City, adopted in accordance
with this section, finding that such violation has occurred. The
violator will be given written notice by the City that states: 1) the
nature of the purported violation, and 2) that unless the violation is
cured within 30 days of said notice, the City will hold a public hearing
to consider the matter within 60 days of the date of said notice. In
the event the violation is not curable in 30 days, the violator's
diligent good faith efforts, as determined by the City, to cure the
violation within that period will obviate the need to hold a public
hearing and this Development Order will remain in full force and effect
unless the violator does not diligently pursue the curative action to
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,
16
9 : -1149
bi
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 -
I.ncrement V. dated October 5, 1987, is incorporated herein by
reference,
25. Within 30 deys 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 exis1ence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 380 (1987) to file an
Application for Development ADoroval 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,
17
98_44 ,t 9 7-1149 6P-
the individual development - -order - -shall - tontrol - 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
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,
18
88_44A 7-1149
b3
Ar
DOWNTOWN MIAMI DRI BOUNDARY MAP
rw--A —44 97-1.149
EXHIBIT 2
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at the intersection of the centerlines of N.W. 5th Street and
N.M. 3rd Avenue (east side of N-S Expressway (I-95)). said point of
beginning also being the N.M. 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 north"asterly
along said line of Lots 4 and 5 and its prolongation thereof to the
centerline of S.E. 14th Street; thence southeasterly along said
centerline of S.E. 14th Street to a point of intersection with the
existing bulkhead and shoreline of Biscayne Bay; thence meandering
northerly along the existing bulkhead and shoreline of Biscayne Bay to a
point of intersection with the southerly boundary of Claughton Island
19
9 s-4 47 97-1149
Bridge; thence t- terly along the said southerl 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
Street to the point of beginning. The above described area contains
approximately 839 acres.
20
98-44 ;' ` 7-1.149 A
Exhibit 3
Page 1
STATE OF FLORIDA BLWN-07-65
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF LAND AND WATER MANAGEMENT
2571 Executive Center Circle, East
Tallahassee, Florida 32301-8244
(904) 465-4925
Subsection 380.06(16), Florida Statutes, places the
responsibility on the developer of an approved development of
regional Impact (DRI) for submitting an annual report to the
local government, the Regional Planning Council the Department
of Community Affairs, and to all affected permit agencies, on the
date specified in the Development Order. The failure of a
developer to submit the report on the date specified in the
development order may result in the temporary suspension of the
development order by the local government until the annual report
is submitted to the review agencies. This requirement aooiies to
all developments of regional impact which have been approved
since August 6, 1980. If you have any questions about this
required retort, call the DRI Enforcement Coordinator at,
(904) 488-4925.
Please send the original completed annual report to the
designated local government official stated in the development
order with (1) copy To each of the following:'
a) The regional ;laming agency of jurisdiction;
b) All affected permitting agencies;
c) Devision of Resource Planning and Management
Bureau of Land and Water Management
2571 Executive Center Circle, East
Tallahassee, Florida 32301
Please format your Annual Status Report after the format example
provided below.
ANNUAL STATUS REPORT sp
Reporting Period: to
N,ontn _ ay/Year ay Year
Development:
Name ol DRI
Location: ,
C,ry CoUnTy
Developer: Name:
Company Name
Address:
MOOT LocaT;vn
ZiTy, STate, Zia COZe
67 �8-4 4-17-1.149 �
d
OLWM-07-85
Page Two
Exhibit :3
Page 2
1) Describe any changes made in the proposed clan of
development, phasing, or in the-reoresentations contained in the
Application for Development Approval since the Development of
Regional Impact received approval. Please note any actions
(substantial determinations) taken by local government to address
these changes.
Note: If a response is to be more than one sentence, attach as
Exhibit 'A' a detailed description of each change and copies of
the modified site plan drawings. Exhibit 'A' should also address
the following additional Items If applicable.
a) •Describe changes in the plan'of development or phasing
for the reporting year and for the subsequent years;
b) State any known incremental DRi applications for
development approval or recuests for a substantial
deviation determination that were filed in the reporting
year and to be filed during the next year;
c) Attach a copy of any notice of the adoption of -a
development order or the subsequent modification of an
adopted development order that was recorded by the
developer pursuant to Subsection 380.06(14)(d), F.S.
2) Has there been a change in local government jurisdiction
for 'lny portion of the development since the development order
was issued? If so, has The annexing local government adopted a
new Develoor+ent of Regional Impact development order for the
project? Please provide a copy of the order adopted by the
annexing local government.
3) Provide copies of any revised nester plans, incremental
site plans, etc., not previously submitted.
Note: If a response is to be more than one or two sentences,
attach as Exhibit 'c1.
or
4) Provide a summary comparison of development activity
proposed and actually conducted for the reporting year.
Example: Number of dwelling units constructed, site improve-
ments, lots sold, acres mined, gross floor area constructed,
barrels of storage capacity completed, permits obtained, etc.
Note: If a response is to be more than one sentence, attach as
Exhibit 'C'.
5) Have any undeveloped tracts of land in the development
(other then individual single-feRily lots) been sold to a
sezaraTe entity or developer? If so, identify trect, its size,
SMO the tuver. Flease provide ma:s which show the tracts
involve..
Traci Oyer
66 98"441,' q7nJ9
ON
to
Exhibit 3
Page 3
OLWM-07-85
Page Three
Note: If a response is to be more than one sentence, attach as
Exhibit 'D'.
6) Describe any lands purchased or optioned adjacent to the
original Development of Regional Impact site subsequent to
Issuance of the development order. Identify such land, its size,
and intended use on a site plan and map.
Note: If a response is to be more than one sentence, attach as
Exhibit 'Et/ -
7) List any substantial local, state, and federal permits -
which have been obtained, applied for, or denied, during t-hia
reporting period. Specify the agency, type of permit, and duty
for each.
Note: If a response is to be more than one sentence, attach as
Exhibit-
8) Assess the development's and local government:s-
continuing compliance with any conditions of approval contained
in the DRI development order.
Note: Attach as Exhibit 'G'. (See attached form)
9) Provide any information that is specifically required
by the Development Order to be included in the annual report.
10) Provide a stateogent certifying that all persons have
been sent copies of the annual resort in conformance with
Subsections 380.06(14) and (16), F.S.
Person co"Oietinc the -Questionnaire:
Title:
Representing:
so
69 8--44''W -9 ;'--1.149 ��
EXHIBIT W
NII M DO CONDITIONS
2. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall mulch, spray or plant grass in exposed areas
to prevent soil erosion and minimize air pollution during construction.
Applicability:
(a.) All development; other than (b.).
(b.) Exceptions for development with exposed areas of less than 5,000
square feet; or areas that will be exposed for g0 days or less.
3. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance that incorporates a requirement that
Net New Developments shall place temporary screens, berms, and/or rip -
rap around sites under construction to filter or retain stormwater
runoff during construction.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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; or where
existing drainage facilities are adequate to retain stormwater
within the site.
4. Within 6 months of the effective date of this Development Order, adopt
and implement a uniform ordinance or establish an accepted procedure to
require Net New Developments to design, construct and maintain
stormwater management systems to meet the following standards:
a. Retain the runoff from at least a 5-year storm on each Parcel of
Land wherever feasible and construct drainage systems as proposed in the
Consolidated Application for Development Approval (CADA). Consistent
Page 1 of 10
70
F38-447
with the CADA, individual drainage systems must be designed to retain at
least the first one -inch of stormwater runoff within drainage wells and
exfiltration trenches.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 0-4 of the "Public Works Manual" of Dade
County and the South Florida Water Management District Rules.
b. Install pollutant retardant structures (catch basin with down -turned
inlet pipe -or other Dade County DERM-approved device) to treat all
stormwater runoff at each individual drainage structure and/or well, and
periodically remove pollutant accumulations.
Applicability:
(a.) All development except as may be exempted by Dade County DERM
pursuant to the South Florida Water Management District Rules.
c. Limit application of pesticides and fertilizers in vegetated storm
water retention areas to once per year for preventive maintenance and to
emergencies, such as uncontrolled insect infestation.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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.
d. Vacuum sweep all parking lots of eleven or more vehicle spaces and
private roadways serving the parking lots at least once per week.
Page 2 of 10
-?l
*38-4a7 j
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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
M existing structures of less than 10,000 square feet; excavation;
demolition; or deposit of fill.
e. Both during and following construction, prevent the direct flow of
stormwater runoff (that has not been pre-treated pursuant to Condition
4a. above) into surface waters.
Appl i cabi 1 i ty :
(a.) All development, other than (b.).
(b.) Exceptions for 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; or where
existing drainage facilities are adequate to retain stormwater
within the site.
5. Require Net New Development to comply with Dade County hazardous waste
requirements by the adoption and implementation of a uniform ordinance,
as may be found by the City to be applicable and necessary, providing
for hazardous materials accident prevention, mitigation, and response
standards, as described in a. through h. below. These standards shall
be maintained by individual developers who shall require by lease
agreement or building rul a that all tenants classified by a SIC code
listed in Appendix 12A-8 of the CADA, incorporated herein by reference,
that use, handle, store, display, or generate hazardous materials
(materials that are ignitable, corrosive, toxic, or reactive) , including
those identified on page 6 of Appendix 12A-8 of the CADA comply
with these standards; provided however, that the uses in and the wastes
listed in Appendix 12A-8 of the CADA shall be simultaneously amended
upon the addition or deletion of any or all of the listed uses,
materials, or wastes by amendment to the "County and Regional Hazardous
Page 3 of 10
702
J98-441 /
-1r
Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida
Administrative Code. At a minimum, these standards shall:
a. Require that buildings or portions of buildings where hazardous
materials or hazardous wastes, as defined above, are to be used,
displayed, handled, generated, or stored shall be constructed with
impervious floors, without drains, to ensure containment and facilitate
cleanup of any spill or leakage.
Applicability:
_(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
b. Prohibit any outside storage of hazardous materials or hazardous
waste. The exception to this condition is for retail goods typically
associated with residential nursery activity, such as lawn fertilizers
and garden pesticides. Those areas used for the storage of these goods
are subject to the requirement contained in Condition 5c. below.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
;.srsIA,..,. t.^ Section 24-35.1 of the Dade County Code.
c. Require that any area used for loading and/or unloading of hazardous
material be covered and equipped with a collection system to contain
leakage and accidental spills.
Applicability:
(a.) All development, except as may be exempted by Dade County. DERM,
pursuant to Section 24-35.1 of the Dade County Code.
d. Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and provide Dade County DERM copies of the following forms of
documentation or proper hazardous waste management practices
- a hazardous waste manifest;
- a shipment to a permitted hazardous waste management facility;
or
a confirmation of receipt of materials from a recycler or a
waste exchange operation.
Page 4 of 10
73
98-447
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
e. Prohibit generation of hazardous '. effluents, unless adequate
facilities, approved by Dade County GERM and Florida Department of
Environmental Regulation, are constructed and used by tenants generating
such effluents.
Applicability:
(a.) All development; except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code and
regulations of FDER.
f. Dispose of hazardous sludge materials generated by effluent
pre-treatment in a manner approved by the Federal Environmental
Protection Agency and the Florida Department of Environmental
Regulation.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code and regulation
of FDER and EPA.
g. Notify any tenant generating wastes of the penalties for improper
disposal of hazardous waste pursuant to F.S. 403.727.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
h. Al 1 ow reasonable access to facilities for monitoring by Dade County
DERM; Council staff; and the Florida Department of Environmental
Regulation to assure compliance with this Development Order and all
applicable laws and regulations.
Page 5 of 10
7y
ells
Applicability:
(a.) All development; except as may be exempted by Dade County DERM,
pursuant to Section 24-35.1 of the Dade County Code.
6. Enact an ordinance requiring Net New Development to remove all invasive
exotic plants; including Metal euca, Casuarina, and Brasil ian Pepper,
from their Parcel of land as the parcel is cleared, and use only those
.plant species identified in Appendix 8-4 of the CADA for landscaping.
Additional species may be used only if written approval is provided by
Council staff. Such approval will be based on the species under
consideration meeting the following criteria:
- does not require excessive irrigation
- does not require excessive fertilizer application
- is not prone to insect infestation or other pests
- is not prone to disease
- does not have invasive root systems
- such other criteria as may be appropriate.
Applicability:
(a.) Removal of invasive species applicable to all development.
(U.) Use of species listed in Appendix 8-4 of the CADA applicable to
all development, other than (c.).
(c.) Exceptions for 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 109'000 square feet;
excavation; demolition; or deposit of fill.
8. Direct the City Manager to establish procedures whereby the Police
Department and Fire Department shall make recommendations to incorporate
security measures into the design and operation of Net New Development.
Applicability:
(a.) All development, other than (b.).
Page 6 of 10
75
98-44 :'
?*ON �
(bO Exceptions for Police Department recommendations for excavations
or deposit of fill:
9. Collaborate with the Dade County School Board, by providing planning
information and information on Net New Development of residential units,
to address concerns regarding the availability and access to schools for
students from future residential development within the project area.
Applicability:
(a.) All residential development.
10. Encourage the incorporation of energy conservation measures into the
design and operation of Net New Development by requiring that, at a
minimum, all Net New Development shall be constructed in conformance
with the specifications of the State of Florida Energy Efficiency Code
for Building Construction (State Energy Code).
Applicability:
(a.) All development, except as excluded within the State Energy Code.
15. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
wastewater treatment capacity wi i i be sufficient to meet the needs of
that development.
Appl i cabi 1 i ty :
(a.) All development that requires an increase in gallonage of
wastewater.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
an adequate water supply will be available to meet the needs of that
development.
Applicability:
(a.) All development that requires an increase in gallonage of water.
Page 7 of 10
88-447
a
17. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability from the appropriate agency that
solid waste disposal capacity will be sufficient to meet the needs of
that development.
Applicability:
(a.) All development that requires an increase in volume of solid
waste.
INCREMENT I DO CONDITIONS
S. 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
anj curent 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.
b. Withhold the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for 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 where such new
structures or additions are projected to generate a net increase
of 5 or less peak hour motor vehicle trips; excavation;
demolition; deposit of fill'; or redevelopment where redevelopment
Page 8 of 10
,98-44i'
redevelopment means any new construction that replaces, with an
equal or lesser amount of square footage, an existing structure
that had a valid certificate of occupancy on the effective date of
the Increment I Development Order.
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.
Applicability:
(a.) "a." and "b." above applicable to all development, other than
(b.). "c." above must be applied with discretion to only those
developments where specific transit amenities are needed and where
the scope and cost of the construction would justify the expense
of providing the specific transit amenity.
(b.) Exceptions for renovation of existing structures or land
improvements; change of use or intensity of use of an existing
structure or land improvenent; new structures or additions to
existing structures of less than 10,000 square feet; excavation;
demolition; or deposit of fill.
Page 9 of 10 —20
98-447
(0,) the fiCM ordinance will be presnted to the youth Florida Regional
Planning Council prior to adoptions and the applicability will be
addressed at that tine.
6 #. 45
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM:
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE: �1AY 4 1988 FILE:
SUBJECT Appeal by Florida Department
of Community Affairs on
Downtown DRI
REFERENCES:
ENCLOSURES:
It is recommended that the Commission approve the attached resolution
authorizing the City Manager to execute a Stipulation of Settlement, in
substantially the form attached, with the Florida Department of Community
Affairs (DCA); thereby providing an agreement to settle DCA's appeal of the
Downtown DRI development orders.
BACKGROUND:
On December 10, 1987, the Commission adopted Resolution 87-1148 and 87-1149
approving the Master and the Increment I Development Orders for Downtown
Miami, concluding a 2-1/2 year long effort by the Planning Department and the
Downtown Development Authority to obtain DRI approval for the downtown area.
The South Florida Regional Planning Council accepted the development orders;
however, the Florida Department of Community Affairs filed an appeal with the
State Cabinet; sitting as the Florida Land and Water Adjudicatory Commission.
City staff has negotiated the attached Stipulation of Settlement, wherein DCA
agrees to dismiss its appeal. This settlement agreement will make the
Downtown DRI development orders effective as soon as it is executed and
accepted by the Cabinet (expected to be in June, 1988), rather than continuing
the full appeal procedure, which could take an additional six months to
complete. The effect of the settlement agreement is to -resolve each of the
items in OCA's appeal by clarifying the Downtown DRI development orders,
consistent with the City's original intent.
Following is an analysis of the implications of each paragraph in the proposed
Stipulation of Settlement.
1. Paragraph #1 following the "Whereas" clauses on page 2 of the Stipulation
requires the City to abide by the terms and conditions of this agreement
throughout the implementation and enforcement of the development orders.
SS-44'7
Honorable Mayor and Members
of the City Commission
Paragraphs #2, #3, and #4 all address the principal issue in DCA's appeal, of
both the Downtown DRI and the Southeast Overtown/Park West DRI, which is that
DCA believes the DRI development orders should be applicable to all
"development" as defined in Chapter 380.04, Florida Statutes, including such
things as renovations to existing buildings, demolition, and replacement of
existing structures with an equal or lesser amount of development. The City's
development orders contain a definition of "Net New Development" which limits
the applicability of many conditions in the Downtown DRI to new construction
that results in a net increase in the intensity of development on each parcel
of land.
2. Paragraph #2 on page 2 makes a general statement for the purpose of
consistency with Florida Statutes that the development orders apply to
"all development"; however, Exhibit "B" limits the applicability of each
individual development order condition included within the appeal. In
preparing Exhibit "B", City staff attempted to anticipate practical
issues that will arise in the implementation of each of the development
order conditions and included an applicability definition that they
considered to be appropriate and reasonable for each individual
condition, within the constraints of the adopted development orders. An
analysis of Exhibit "B" is provided on page 4 of this memorandum.
3. In paragraph #3 on page 2, DCA agrees with the City' s original position
that redevelopment, rehabilitation and reuse of existing structures need
not be counted as a part of the "Total Allowable Development" approved in
the development order. The City agrees to report to DCA any small
developments involving new construction under 10,000 sq.ft. in floor area
that are granted an exemption by the Planning Director from the
development order definition of "Net New Development". The cumulative
sum of such exemptions is termed "Aggregate Exclusion". Paragraph #3
also clarifies that the Planning Director's authority to grant exemptions
to development under 10,000 sq.ft. in floor area is limited to
circumstances where the total amount of new construction is under
10,000 sq.ft.
4. Paragraph #4 requires the "Aggregate Exclusion", as defined in paragraph
#3 of this Stipulation, to trigger a substantial deviation review at a
time when the City is close to issuing permits for the maximum amount of
development that was approved in the Increment I development order
("Total Allowable Development"). As a part of the substantial deviation
review, the City would have to evaluate whether there were any impacts
from the "Aggregate Exclusion" and amend the development order
accordingly.
Page 2of4
Z
F03-44i
Honorable Mayor and Aiembers
of the City Commission.
S. Paragraph #5 relates to another issue in DCA's appeal. The City's
development orders contain language specifically preserving the City's
authority to issue building permits and Major Use Special Permits during
any time in the future while a substantial deviation review is being
conducted. This Stipulation limits the City's authority to issue permits
during a substantial deviation review to the following: (a) only if a
Predevelopment Agreement is first executed between the City and DCA; or
(b) that the permits to be issued will not contribute to the cause of the
substantial deviation. A predevelopment agreement would obligate the
City to initiate an application for a second increment of development and
to mitigate the impacts of any development permitted thereunder. A
substantial deviation review can be caused by: (1) the "Aggregate
Exclusion" pursuant to Paragraph #4 above; (2) the City issuing permits
for more "Net New Development" than the maximum amount that was approved
in the Increment I development order; (3) the City issuing permits for
development that will not be completed before the year 1998; (4) the City
failing to adopt a Transportation Control Measures (TCM) ordinance that
is acceptable to the South Florida Regional Planning Council within 18
months of the effective date of the development orders; or (5) the Omni
and Brickell legs of the Metromover not being under construction by
December 31, 1992.
6. Paragraph #,6 relates to related issue in OCA's appeal concerning the
City's authority to issue permits during any potential litigation over
the development orders. The development orders contain language intended
to help the City to argue in -cou►t against temporary 'injunctions. In
Paragraph #6 of the Stipulation, the City agrees that the development
order language would not be applicable in any litigation initiated by
DCA. However, the development order language is preserved as it pertains
to litigation potentially initiated by any other party, which may include
the SFRPC or any property owner within the boundary of the DRI.
7. Paragraph #7 of the Stipulation amplifies the language in the City's
development orders, by clarifying that these orders cannot be rescinded
until the impacts of any development permitted thereunder have first been
mitigated.
8. In Paragraph #8, OCA agrees to drop a minor issue in its appeal
concerning submission of the Consolidated Application for Development
Approval (CADA), because the City submitted the CADA after the appeal was
filed.
9.-13. The remaining paragraphs in the Stipulation provide framework and
procedure for settlement of the appeal, and are self-explanatory.
Page 3 of 4
13
A8-44'7
Honorable Mayor and Members
of the City Commission
Exhibit "A". This Exhibit includes the Master and Increment I development
o+ riders adopted by the City.
Exhibit. "B". This Exhibit redefines the applicability of certain conditions
found -in the Master and Increment I development orders. All of the
conditions included in Exhibit "B" were appealed by DCA because they are
limited to "Net New Development" as defined in the adopted development
orders. The single-spaced wording is the verbatim language of the
condition as it is written in the adopted ev3veelopment orders. The
double-spaced wording under each "Applicability" heading specifies what
types of "development", as defined in Chapter 380.04, Florida Statutes,
will be affected by each of the.development order conditions.
Generally in Exhibit "B", whenever one of the development order conditions
is already being enforced under existing laws and regulations, the
"Applicability" is agreed to remain consistent with current practice.
This situation applies to conditions 4a., 4b., 5a. thru 5h., 10., 15.,
16., and 17. within the Master development order.
Most of the remaining conditions in Exhibit "B" are defined to exclude
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 sq.ft.,
excavation, demolition, or deposit of fill. This list of exclusions
closely parallels the types of development that would be excluded under
the City's definition of "Net New Development"; thus Exhibit "B" would not
impose major changes over the adopted development order. There are minor
variations in the list of exclusions as appropriate to each condition.
The most significant difference in Exhibit "B" in this regard is that
conditions 3., 4c., �4d., 4e., and 6. in the Master development order and
conditions 9a. and 9b. in the Increment I development order would be
applicable to "redevelopment", meaning new construction that replaces a
structure that was existing on the effective date of the development
order.
Condition 5 of the Increment I development order is the only condition in
Exhibit "B" that specifically permits an exclusion for "redevelopment",
because no additional air quality impacts would be generated by
demolishing a structure and replacing it with a new structure of equal or
lesser square footage.
Finally, for conditions.2. and 9. in the Master development order and
condition 9c. in the Increment I development order, Exhibit "B" contains
different definitions for applicability based upon circumstances unique to
each condition.
Page 4 of 4
88-447