HomeMy WebLinkAboutR-88-0456i
SEOPW
4/26/88
RESOLUTION NO.�'
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 ("DCA11)9 THEREBY
CLARIFYING THE SOUTHEAST OVERTOWN PARK WEST
DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT
ORDERS (RESOLUTIONS NO. 88-110 AND 88-111)
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 (ODA), 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 prepared and
timely filed an Application for Development Approval ("ADA") for the Southeast
Overtown Park West DRI, pursuant to s.380.06(22) F.S. (1987); and
WHEREAS, the City 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 has 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; 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 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 Southeast
Overtown Park West on February 11, 19880 by Resolutions 88-110 and 88-111;
and
ATTMtfu'- ���t73
CITY COMMISSION
MEETING OF
EN1%1 r,�� MAY 12 1988
��` U J 4"� RESOLUTION No. 88 4
WHEREAS, the MA, pursuant to Setti6n 380.07, F.S., institued this appeal
of the City's development orders for the Southeast Overtown Park West DRI, and
sought to reverse the Southeast Overtown Park West DRI development orders to
the extent that they are alleged to be in noncompliance with provisions of
Chapter 380, F.S. (1987); and
WHEREAS, the City and the DCA are desirous of settling all issues raised
in the appeal on a mutually beneficial basis; and have repeatedly met 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
Southeast Overtown Park West Development of Regional Impact Development Orders
(Resolutions No. 88-110 and 88-111) and accepting conditions; thus, settling
the DCA's appeal of said Development Orders, subject to approval by the
Florida Land and Water Adjudicatory Commission.
PASSED AND ADOPTED this 1 2th day of May ,
1988.
ATTEST:
Wit► _ . '_ lei
IER L. SIlf�BE;
MAYOR
PREPARED AND APPROVED BY:
ISTANT CITY iTORNEY
APPRO� AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
May 11, Southeast Overtown/Parkwest DRI
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF CCMMONITY )
AFFAIRS )
Petitioner, )
VS. )
)
THE CITY OF MIAMI )
)
)
Respondent )
CASE NO.
STIR=TION of 9 ETT LEMENT
The parties to this above -styled appeal, the Florida
Department of Community Affairs ("DEPARTMENT"), and the City of
Miami ("CITY"), acting as the downtown development 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 accommodate 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 furtherance 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, the DEPARTMENT recognizes that many downtown
areas have housing for low and moderate income residents and that
any downtown redevelopment project must include provisions to
provide adequate affordable housing opportunities for those
affected by a downtown redevelopment projects and
1 es-4s� l
Ftpy_ 11 —ao 1.1pn c i
WHEREAS, downtown Miami, the largest and one of the
oldest downtown areas in the state, encompasses the Overtown-Park
West Community Redevelopment Area that was declared to be slum
and blighted pursuant to Chapter 163, Part III, F.S., and that
contains thousands of older deteriorating structures, including
residences, in need of rehabilitation, reuse, or redevelopment;
and
WHEREAS, the City of Miami has, through public -private
partnership, formulated a redevelopment plan to revitalize the
Overtown-Park West Community Redevelopment Area in a manner that
addresses the needs of those who will live and work in the area
by including affordable housing opportunities as an integral
component of the redevelopment plan; and
WHEREAS, the CITY and the DEPARTMENT recognize the
importance of providing affordable housing opportunities within
the Overtown-Park West Redevelopment Area, the importance of
implementing the redevelopment plan in a manner that will ensure
that any dwelling units or other structures that are built in the
redevelopment area may be occupied after construction, and the
importance of such redevelopment efforts in forwarding goals ;and
objectives of the State Comprehensive Plan and
WHEREAS, the CITY, and the DEPARTMENT entered into a
Predevelopment Agreement ("Agreement") on October 29, 1987; and
WHEREAS, pursuant to the Agreement, as amended, the
CITY prepared and timely filed an Application for Development
Approval ("ADA") for the City of Miami overtown-Park West
Downtown DRI, pursuant to Subsection 380.06(22), F.S. (1987); and
WHEREAS, the CITY 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 has 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 for the
Overtown-Park West Downtown DRI; 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 overtown-Park West 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 interests of the general welfare of the CITY to issue
and did issue the Master Development Order and the Increment I
Development Order, attached hereto as Exhibit A, approving the
Overtown-Park West Downtown Development of Regional Impact on
February 11, 1988 (hereinafter collectively "the overtown-Park
West DRI"); and
2
88-456
►.1 y-1 1 _=4 IICr . -. .4 i L . . -.. . . - - .
P
WHEREAS, the DEPARTMENT pursuant to Section 380.07,
F.S., instituted this appeal of the CITY's Downtown DRI
development orders for the overtown-Park West DRI, on April 1,
1988 and sought to reverse the Overtown-Park West 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 and the DEPARTMENT are desirous of
settling all issues raised in the appeal and have discussed 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 shall abide by the terms and conditions of
this agreement. The CITY shall take no action in implementing
and enforcing the overtown-Park West DRI or this agreement 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 shall include all development, as defined
by Section 380.04, F.S. (1987), in implementing the conditions of
the overtown-Park West 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 Overtown-
Park West 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 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 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 Overtown-Park West 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 agrees 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 and the
DEPARTMENT agree that nothing in the above language shall
preclude the CITY from proposing a change to the Overtown-Park
West DRI under Subsection 380.06(19), F.S., prior to the time
that the above thresholds are met.
3 88-456
t
5. In the event that a proposed change is requested as
a Substantial Deviation, pursuant to Subsection 380.06(19), F.S.
(1987), or a Substantial Deviation is declared, 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 specifically agrees that the provisions of
paragraph 37 of the Master Development order and paragraph 27 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 hereby waives said right purportedly granted by those
paragraphs solely as to the DEPARTMENT.
7. The CITY shall not rescind the Master Development
Order pursuant to paragraph 38 of that Order at the completion of
the Increment I Development Order until the CITY has fulfilled
the mitigation requirements of the Increment I Development
Order.
8. The CITY will provide the DEPARTMENT with the
Consolidated Application for Development Approval (CADA) within
15 days of the execution of this agreement. The DEPARTMENT
agrees that submittal of the CADA is no longer an issue of the
appeal.
9. The CITY recognizes the value of providing
affordable housing opportunities within the Overtown-Park West
Redevelopment Area and the importance of implementing the
Redevelopment Plan in a manner that will ensure that all dwelling
units may be occupied after construction; therefore, the CITY
agrees to develop procedures that will ensure the availability of
occupancy of all residences and other structures built through
the public -private partnership of the Overtown-Park test
Overtown-Park West DRI.
10. The parties agree that the Overtown-Park West 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.
11. 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.
12. The date of execution of this agreement shall be
the date that the last party signs and acknowledges this
agreement.
13. Each party of this proceeding shall bear its own
costs, including attorney's fees.
14. The CITY 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.
4
►44y_1 1-00 I.Irn 1-.M7
88-4SF
■
C.
Approved as to form and legal
Sufficiency:
Lucia A. Dougherty,
City Attorney, City of Miami
WITNESS:
WITNESS:
CITY OF MIAMI
BY.
Cesar L. Odio, City Manager
The foregoing instrument was acknowledged before me this
day of , by
STATE OF FLORIDA
COUNTY OF
Approved as to form and legal
Sufficiency:
C. Laurence Keesey, General
Attorney, Department of
Community Affairs
WITNESS:
WITNESS:
STATE OF FL0RIDA
COUNTY OF LEON
Notary Public, State of Florida
My commission expires:
DEPARTMENT OF COMMUNITY AFFAIRS
By•
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 agency of the state of
Florida, on behalf of the Department.
Notary Public, State of Florida
My commission expires:
CITY OF MIAMI. FLORIDA
' INt04 0- �*PICE MEMORANbUM
-c
Matty -Hir4i
C�'ty Clerk
ri� Joel E. Maxw 11
Assistant City Attorney
DAZE June 1 3, 1988 k LE
`LIL�"' Stipulations of Agreement
in Downtown bRl and
Southeast Overtown/Park West
RLrUPENr_Es bRl Appeals
Resolutions 87-1148, 87-1149,
En .os AEA 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 Communit Affairs vs. the City of
Miami, Case NO. - this is the Agreement
settling the Overtown/Park Blest 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 Cityof f Miami Downtown Development Authority,
Case No. 88-1638. 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.
1
;i
Matty Hirai June 11, 1088
City Clerk Rage 2
JRM/db/PS70
cc: Jorge L. Pernandez, 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.)
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY )
AFFAIRS )
Petitioner, )
)
VS. )
)
THE CITY OF MIAMI )
)
)
Respondent )
)
CASE NO. #88-12•
r�
STIPULATION OF SETTLEMENT
The parties to this above -styled appeal, the Florida
Department of Community Affairs ("DEPARTMENT"), and the City of
Miami ("CITY"), acting as the downtown development 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 accommodate 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 furtherance 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, the DEPARTMENT recognizes that many downtown
areas have housing for low and moderate income residents and that
any downtown redevelopment project must include provisions to
provide adequate affordable housing opportunities for those
affected by a downtown redevelopment project; and
1
WHEREAS, downtown Miami, the largest and one of the
oldest downtown areas in the state, encompasses the Southeast
Overtown-Park West Community Redevelopment Area that was declared
to be slum and blighted pursuant to Chapter 163, Part III, F.S.,
and that contains thousands of older deteriorating structures,
including residences, in need of rehabilitation, reuse, or
redevelopment; and
WHEREAS, the City of Miami has, through public -private
partnership, formulated a redevelopment plan to revitalize the
Southeast Overtown-Park West Community Redevelopment Area in a
manner that addresses the needs of those who will live and work
in the area by including affordable housing opportunities as an
integral component of the redevelopment plan; and
WHEREAS, the CITY and the DEPARTMENT recognize the
importance of providing affordable housing opportunities within
the Southeast Overtown-Park West Redevelopment Area, the
importance of implementing the redevelopment plan in a manner
that will ensure that any dwelling units or other structures that
are built in the redevelopment area may be occupied after
construction, and the importance of such redevelopment efforts in
forwarding goals and objectives of the State Comprehensive Plan;
and
WHEREAS, the CITY, and the DEPARTMENT entered into a
Predevelopment Agreement ("Agreement") on October 29, 1987; and
WHEREAS, pursuant to the Agreement, as amended, the
CITY prepared and timely filed an Application for Development
Approval ("ADA") for the City of Miami Southeast Overtown-Park
West Downtown DRI, pursuant to Subsection 380.06(22), F.S.
(1987); and
WHEREAS, the CITY 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 has 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 for the
Southeast Overtown-Park West Downtown DRI; 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 Southeast Overtown-Park West 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 interests of the general welfare of the CITY to issue
and did issue the Master Development Order and the Increment I
Development Order, attached hereto as Exhibit A, approving the
Southeast Overtown-Park West Downtown Development of Regional
Impact on February 11, 1988 (hereinafter collectively "the
Southeast Overtown-Park West DRI"); and
2
WHEREAS, the DEPARTMENT pursuant to Section 380.07,
F.S., instituted this appeal of the CITY's Downtown DRI
development orders for the Southeast Overtown-Park West DRI, on
April 1, 1988 and sought to reverse the Southeast Overtown-Park
West 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 and the DEPARTMENT are desirous of
settling all issues raised in the appeal and have discussed 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 shall abide by the terms and conditions of
this agreement. The CITY shall take no action in implementing
and enforcing the Southeast Overtown-Park West DRI or this
agreement 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 shall include all development, as defined
by Section 380.04, F.S. (1987), in implementing the conditions of
the Southeast Overtown-Park West 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 Southeast
Overtown-Park West 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 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 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 Southeast Overtown-Park West 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 agrees 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 and the
DEPARTMENT agree that nothing in the above language shall
preclude the CITY from proposing a change to the Southeast
Overtown-Park West DRI under Subsection 380.06(19), F.S., prior
to the time that the above thresholds are met.
3
5. In the event that a proposed change is requested as
a Substantial Deviation, pursuant to Subsection 380.06(19), F.S.
(1987), or a Substantial Deviation is declared, 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 specifically agrees that the provisions of
paragraph 37 of the Master Development Order and paragraph 27 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 hereby waives said right purportedly granted by those
paragraphs solely as to the DEPARTMENT.
7. The CITY shall not rescind the Master Development
Order pursuant to paragraph 38 of that Order at the completion of
the Increment I Development Order until the CITY has fulfilled
the mitigation requirements of the Increment I Development
Order.
8. The CITY will provide the DEPARTMENT with the
Consolidated Application for Development Approval (CADA) within
15 days of the execution of this agreement. The DEPARTMENT
agrees that submittal of the CADA is no longer an issue of the
appeal.
9. The CITY recognizes the value of providing
affordable housing opportunities within the Southeast Overtown-
Park West Redevelopment Area and the importance of implementing
the Redevelopment Plan in a manner that will ensure that all
dwelling units may be occupied after construction; therefore, the
CITY agrees to develop procedures that will ensure the
availability of occupancy of all residences and other structures
built through the public -private partnership of the Southeast
Overtown-Park West DRI.
10. The parties agree that the Southeast Overtown-Park
West 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.
11. 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.
12. The date of execution of this agreement shall be
the date that the last party signs and acknowledges this
agreement.
13. Each party of this proceeding shall bear its own
costs, including attorney's fees.
14. The CITY 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.
n
11
Approved as td form and legal
sufficiency-,
Lucia A. Doughe ty,
City Attorney, City of KiJami
The forego' instrument
9 ,r-day o ,
STATE OF FLORIDA
COUNTY OF
Approved as to form and legal
Su,"*ciencyc n _
Attorney, Dgp rtment of
Community A airs
WITNESS:
WITNESS: ZY AA&." .,? i.14/la —
STATE OF FLORIDA
COUNTY OF LEON
CITY OF MI
By, c
Cesar U , Odio, sty M ai
Attested H ��1�. '•W-et
Xat y Hira
City Clerk
(SE L)
was acknowledged, befoype this
by i1- A/ ed/'d I.
Notary Public, State of Florida
Notary Public State of t'c.
My commission expirel logo 0lond
Ins. Un1.
DEPARTMENT OF COMMUNITY AFFAIRS
By:
2740 Centerview Drive
Tallahassee, Florida 32399
The foregoing instru nt as c) owledg a met is
day of , by ,
of the Departme of Community Affairs, an agency of the state of
Florida, on behalf of the Department.
Notary Public, State of Florida
My commission expires:
l of y Public. State of fluids
NJ Commission EX. 11. ;l.t; ., ,'
LaW Ltl: fpp:.wci
5
om
V 4 4- 99 9 —1 Z
EXHIBIT "6"
MASTER 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 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 wells and
exfiltration trenches.
Applicability:
(a.) All development, except as may be exempted by Dade County DERM,
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 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
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 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 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-6 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
Waste Assessment Guidelines" incorporated by Rule 17-31.43(2), Plorida
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,
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 recycl er 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 24-39.1 of the Dade County Code.
e. Prohibit generation of hazardous effluents, unl ess 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
i®
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 Mel al euca, Casuarina, and Brasi l i an 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 1 ess 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
(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
4
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.
INCREMM I 00 COMITIONS
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 FOR and DERM) prior to issuance of building permits for
the particular Net New Development. Such documentation may include a
modeling study which incorporates measures such as those contained in
Condition 4a., b., and c., above. This documentation must be approved
by the Council staff and the City subsequent to review and comment by
FDER and DERM.
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
:1 _0
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 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
The TCH ordinance will be presented to the South Florida Regional
planning Council prior to adoptions and the applicability will be
addressed at that time.
Page 10'of 10
r� Exhibit "A"
Master Development Order
Southeast Overtown/
Park West
J-88-131
2/10/88
RESOLUTION No. 903-110
A RESOLUTION CONCERNING THE SOVIHEAST OVERTOWN/PARK
WEST DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN
AREA OF THE CITY OQ MIAMI DESIGNATED IN 1982 BY
RESOLUTION NO. 82-755, AS THE SOUTHEAST OVERTOWN/PARK
WEST COMIC TTY REDEVELOPMENT AREA (MORE PARTICULARLY
DESCRIBED HEREIN), PURSUANT TV AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE CITY OF MIAMI;
AU7!HORIZING 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 CONDITICNS 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 CONCLUSICNIS OF LAW; PROVIDING
THAT THE MASTER DEVELOPMENT ORDER SHALL BE BINDING CN
THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING
THE CITY CLERK 70 SEND COPIES OF THIS RESOLCTTION 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.
WHEREAS, on February 6, 1987 , 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, pursuant to F.S. 380.06 (1987), for the ongoing development
through the Year 2007 for the area designated in 1982 by City Commission
Resolution No. 82-755, as the Southeast Overtown/Park West Community
Redevelopment Area, as legally described in the Development Order attached
hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
Februay 3, 1988, Item No. la, following an advertised public hearing, adopted
Resolution No. PAB 11-88 by a 8 to 0 vote, RECOMMENDING APPROVAL of the Master
Development Order, as amended, for the Southeast Overtown/Park West Cc munity
Redevelopment Area as attached hereto; and
WHEREAS, on February 11, 1988, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987) and
MiL. .
ATTAC"
CITY COMMISSION
MEETING OF
l FEB 11 198
88.j4't Dail 11T1R8-�iC,
0N No.
ENC�.C�
01 t
WHEREAS, the City Commission considered the Application for Development
Approval,
the report
and
reccmnendations
of
the South Florida Regional
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 Master
Development order had been cortplied 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,
FIARIDA:
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 the
Southeast Overtown/Park West Community Redevelopment Area, which is attached
hereto as Exhibit "A" and made a part hereof by reference, and is applicable
to an area of the riry_of Miami designated in 1982 by Resolution No. 82-755,
as the Southeast Overtown/Park West Community Redevelopment Area , as more
particularly described in Exhibit "A".
Section 2: The Master Development Order for the Southeast Overtown/Park
West Community Redevelopment Area (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; and The South Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021.
Section
4. The City Manager is hereby directed
to take
all
actions
necessary to
fulfill the City's obligations under the
terms of
the
Master
Development Order.
Section 5. In the event that any portion or section of this Resolution
or the Master Development Order for Southeast Overtown/Park West Community
Redevelopment Area (Exhibit "A") is determined to be invalid, illegal, or
unconstitutional by a court or agency of competent jurisdiction, such decision
fl8-4S
-2- F° 98 i10
Shall in no manner affect the remaining portions of this Resolution or the
Matter Development Order for the Southeast OVertown/Park West Community
Redevelopment Area (Exhibit "A"), which shall remain in full force and effect.
pASSED AND ADOPTED this 1_ lthday of February , 1988,
XAVIER L. SUAREZ# MA R
AZTE.ST
f
`MATrY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JO L E. MAXWELL /
ISTANT CITY A?MRNEY
APPROVED AS TO FORM
AND COWCTNESS:
A.EIRTY
TY AZTORNEY
JEM/S/mp/db/M283
0
-3-
l48-11V . i
•
MASTER DEV=PMENTI' ORDER
NAME OF DEVELOPMENT: Southeast Overtown/Park West
Community Redevelopment Area
NAME OF DEVELOPER: The City of Miami
WIRIT "A"
AUTHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assistant City Manager
and Sergio Rodriguez, Director, City of Miami Planning Department or their
successors.
PR]JECT DESCRIPTION:
The Project consists
of development
in the Southeast
Overtown/Park west
Community Redevelopment
Area through
the Year 2007,
including the following land uses and increments:
Land Uses Increment I Increment II Increment III Totals
(1988-1994) (1994-1999) (1999-2007)
Office
(gross square feet) 166,000 205,000 632,500 1,003,500
Retail/Service/General
Commercial
(gross square feet) 66,200 37,300 90,600 194,100
Hotel
(rooms) 0 500 600 1,100
Residential
(dwelling units) 2,000 2,000 5,000 9,000
Convention
(gross square feet) 290,000 310,000 0 600,000
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 Southeast Overtown/Park West Community
Redevelopment Area, designated in 1982 by City Commission Resolution No. 82-
755, as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a total of approximately 209 acres
of land.
1
88-45F 8 �6
8-ila
Lm;.I. DEsaupi'ION OF awt- r PwPE TY: See Exhibit 2.
DEYINITIONS: For the purposes of this Development Order, the following terns
shall be defined as follows:
ADA or Application for Development Approval: The original Application for
Development Approval for the Southeast OveL town/ Park West Cc munity
Redevelopment Area filed by the City of Miami on February 6, 1987, pursuant to
F.S. 380.06 (1987).
CALYX► or Consolidated Application for Development Approval: Ttie revised ADh
prepared pursuant to paragraph 21 on page 12 herein.
Certificate of Occupancy: A permanent or topmary and/or partial Certificate
of Occupancy issued, pursuant to Section 30 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.
DERM: The Netropolitan Dade County Department of Environmental Resources
Management.
DR1: 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 roans, or seats.
Major Use Special
Permit:
A special permit issued
by the City
a mnission
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 residenti.dl dwelling units,
hotel rosins, 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 renaved by
demolition of a building or structure may be credited against the proposed new
2
f38-45�► / �
68-110�
lane 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
damoli.shed. 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 dete•of this Development Order a valid building permit or
any currently effective development order shall not be included as Net New
Development. The Planning Director may exclude from Net New Development any
small development under 10,000 square feet in floor area, if he finds that
such development would have no regional inpact 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 "PRATL• 7 DESCRIPTION" on 1--age i
herein.
Project Area: The area included within the legal description ui bxhibit 2.
(Bounded by I-95, N. 5th Street and Biscayne Blvd.)
Total Allowable Development: Tine 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 lard 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 MM
The following findings of fact are hereby confirmed and adopted with
respect to the Project:
3
/9'
E38-110
88-45C;
A. The findings and determinations of fact set forth in the recitals of the
resolution to this Development Order are hereby confirmed.
B. 111e real property which is the subject of this Development Order is
legally described in Exhibit 2.
C. The City of Miami filed the ADA with the City, the council, and the
Florida Department of oo muni.ty Affairs.
D. 'Ilse ADA has been filed by the City of Miami pursuant to F.S. 380.Gb(22)
(1987) authorizing the City of Miami to apply for development approval
and receive a development order for any or all of the area within its
jurisdiction. Individual developments are not identified or required to
be identified in the CALF+.
E. 'fie purpose of the CkM is to identify and assess probable regional
mrpacts 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 CkDk seeks a single DRI review process for overall
phased development of the Southeast Overtown/Park West C c munity
Redevelopment Area rather than requiring each individual DRI scale
development within the downtown area to file for separate DRI reviews.
F. Development within the Project Area is expected to continue to be
accomplished over an extended period of time by a variety of developers,
which may include the City. These developers may respond to market
demand and technologies that can only be estimated in the CADA. The
CAM and the M are intended to serve as flexible guides for 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 GkDA
seeks raster 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
�8-11C.
a living guide recognizing the evolution of market detand and
techrnlogies.
G. The Project Area contains a total of approximately 209 acres. The Ckr A
proposes Net New Development within the Project Area for the land uses,
quantities and phases definjed 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 i1987).
I. A ooiprehensive review of the probable impacts that will be generated by
the Project has been conducted by various City departments, as reflected
in the GOA► and the South Florida Regional Planning Council staff .
J. This Development Order is consistent with the report and recta mendations
of the South Florida Regional Planning Council, entitled "Development of
Regional pact Assessment for Southeast Overtown/ Park West Community
Redevelopment Area - Master", dated January 4, 1988. The South Florida
Regional Planning Council recommends approval of the Project, and all
conditions to which such approval is subject are reflected herein.
K. The Project is consistent with the applicable portion of the State land
development plan and the Regional Plan for South Florida.
L. The Project is in conformity with the adopted Miami Omprdne:nsive
Neighborhood Plan.
M. The Project is in accord with the district zoning classifications of
Zoning Ordinance 95u0, as amended.
N. The Project will have a favorable impact on the ecor=V of the City.
P. The Project will efficiently use public transportation facilities.
Q. The Project will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment.
R. The Project will efficiently use necessary public facilities.
S. The Project will include adequate mitigative measures to assure that it
will not adversely effect the environment and natural resources of the
City.
T. The Project will not adversely affect living conditions in the City.
U. The Project will not adversely affect public safety.
V. There is a public need for the Project.
0XCLUSZONS OF LAW:
5
88-45A e26
1
T'nat, having made the findings of fact contained above, the city
Ovmnission hereby concludes as a matter of law, the following:
A. The city of Miami acting as 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 cm. -plies with the Miami Orniprehensive 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 reaa M endations of the
South Florida Regional Planning Council and does not unreasonably
interfere with any of the considerations and objectives set forth in
F.S. 360 (1967). -
E . Changes in the Project which do not exceea 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).
HT"guiqtbom
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, ALGID/OR ASSIGNS JOIMMY CR SEVERALLY MAY ISSUE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FCR NET NEW DEVELOPMENT
PURSUANT m AN APPROVED DEVELOPMENT ORDER Em EACH IIdatElrff c DESCRIBED HEREIN
AND SHUL:
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. Within a montl>.s
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 toTporary screens, berms, and/or rip -
rap arowd sites under construction to filter or retain stornwater
runoff during construction.
4. Within 6 months of the effective date this Development order, adopt and
=plenennt a uniform ordinance cr establish an accepted procedure to
require Net New Developments to design, construct and maintain
starnwater management systems to meet the following standards:
a. Retain the runoff from at least a $-year storm on each Parcel of
Land wht ever feasible and construct drainage systems as proposed
in the consolidated Application for Development Approval (ChDr%).
Consistent with the CMA, individual drainage systems must be
designed to retain at least the first one -inch of stormwater
runoff within drainage wells and exfiltration trenches.
b. lnnsmall pollutant retardant structures (catch basin with
down -turned inlet pipe or other Dade County DEW -approved device)
to treat all stonwater rwoff 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
storawater runoff (that has not been pre-treated pursuant to
Condition 4a. above) into surface waters.
7
fl8-4Sf
�8-ii�
5. Require Net New Development to aMVly with Dade Cbunty 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 GOA, 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 M-8 of the CAM comply with
these standards; provided however, that the uses in and the wastes
listed in Appendix 12A-8 of the CALF+ shall be simultaneously amended
upon the addition or deletion of any or all of the listed uses,
materials, or wastes by amendment to the %bunny' 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 5c. below.
C. Require that any area used for loading anti/or unloading of
hazardous material be covered and equipped with a collection
system to contain leakage and accidental spills.
d. Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or -processing
8 88-45F 2.3
facility
and provide Dade
County DEM11 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 DEFM and Florida Department of
Environmental Regulation, are constructed and used by tenants
generating such effluents.
f. Dispose of hazardous sludge materials generatel by effluent
pre-treatment in a
manner
approved
by the Federal
Environmental
Protection Agency
and the
Florida
Department of
Environmental
Regulation.
g. Notify any tenant generating wastes of the penalties for improper
disposal of hazardous waste pursuant to F.S. 403.727.
h. Allow reasonable access to facilities for monitoring by Dade
County DERM, Council staff, and the Florida Department of
Environmental Regulation to assure oompliance 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,
fran their Parcel of Land as the parcel is cleared, and use only those
plant species identified in Appendix 8-4 of the ChDA 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
b. does not require excessive fertilizer application
ce is not prone to insect infestation or other pests
9 2y
89-456 88-110
d. is not prone to disease
eo does not have invasive root systems
f. such other criteria as may be appropriate
7. Direct the City Manager to establish procedures whereby the Police
Department and Fire Department shall make reoanmendations to incorporate
security mwsuress into the design and operation of Net New Development.
S. Collaborate with the Uade 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.
9. Encourage the incorporation of energy conservation measures into the
design and operation of Net New Development by requiring that, at a
munimun, 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).
1G. As part of the building permit application, prior to approtiri:ng- W.y
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
for assessment of the potential effect on the historic property. Prior
to approving any permit for ground disturbing activities related to
construction or tree removal within the archaeological zones listed in
Exhibit 4 herein, require the applicant to contact these same two
agencies to make arrangements to survey and assess the area. This
condition will not apply to those historic buildings and archeological
zones that are designated as Heritage Conservation districts pursuant to
paragraph 12 below.
11. Attempt to have all properties and archaeological zones in Exhibits J
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.
10
se-asF� �5
��-iic
11. Fbr all development activity, other than development on sites contained
in bcinibits 3 and 4 herein (since these sites are subject to tbmdition
11. and 12. ' above) , as psrt 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.
13. monitor development and redevelopment activities to ensure that for Each
habitable unit of low income housing eliminated as a result of public
action within the project area, the City will assist in the provision
of standard low inane housing through new construction and/or
rehabilitation within the City of Miami. Any net loss of habitable low-
inoome units within the study area must be counterbalanced by a gain in
another area of the City.
14. 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.
15. 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.
16. Withhold the issuance of building permits for Net New Development that
cannot obtain a letter of availability frcin the appropriate agency that
solid waste disposal capacity will be sufficient to meet the needs of
that development.
17. Have the authority to assess development for its proportionate share of
the costs of improvements and/or services necessary to monitor and/or
11
88-45PG 138- V 2.
ii
mitigate any adverse iipacts . The City shall also have authority to
assess development its proportionate share of the costs attributable to
preparation of the master plan for the Southeast Overtown/Park West
ommunity Redevelopment Area, 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 inplenentaticn 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 a d necessary to implement this Development Order or any
ordinance or procedure required to monitor and enforce ampliance with
this Development Order and to mitigate the impacts of Total Allowable
Development.. "
18. 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.
19. 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.
12
88--456
2-?
98-ilf?
20. The City shall integrate all original and supplemental ADA information
into a Consolidated Application for Development Approval (CAA) and
submit two copies of the CADA to the Council, one copy to the City
Clerk, and one copy to the Florida Department of Ostnunity Affairs
within thirty (30) days of the effective date of this Development order.
The CADA shall be prepared as follows:
a. %here new, clarifiers, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of tnis
Development Order, whether in response to a formal statement of
information needed or otherwise, the original pages of the ALA
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.
21. The Consolidated Application for Development Approval is incc.r rato:
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 conpliance 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
Oouncil, City, and Applicant, its successors, and/or assigns.
22. All terns, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
enumerated herein.
23. 'she 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 2Cx)7) and shall not be
13
88-4iCo ag,
required to be reviewed as eech incremental portion of the Southeast
Overtown/park West CL=Mt ity Redevelopment Area LRt is submitted:
Maps: Map A - Location
Maps B-1, E-2, H-3, B-4 - Aerial photos)
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, 1-4 - Public Facilities
Question 5: Water Quality
Question 6: Wetlands
Question 7: Flood Prone Areas
Question 6: 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
24. The following regional issues as they appear in the Cbnsolidated
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 Southeast Overtown,/Park West Co munity Redevelopment Area DRI is
submitted:
Question 1: Applicant information
Maps: Map H - Master Development
Maps J series - Transportation Network
Display Graphics and Boards
14
Q�-4SF 2
�38-11C�
Question S.- Project Description
Ptson
Question 4: air Quality
Question lu: ElIvloyment and Eonnanic a-aracteristics
Question 11: Transportation
Question 12: Other Public Facilities
A. Wastewater, Water, and Solid waste
B. Health Care, Police, and Fire
25. 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.
26. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of 03 munity Affairs on
or before each anniversary date of this Development Order. As each
development increment receives a Levelopment 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 small include, at a minimum:
a. A omplete response to each question in Exhibit 5.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CALYX,, or
in the phasing for the reporting year and for the next year.
C. A summary orison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of lard 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 oompliance with
the conditions of approval contained in this Development Order and
the oommitments which are contained in the Application for
15
I
s8-�Ss 30
987!ilo I
0 . 0
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 DR! 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 dbange, 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(16) (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 DMi 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 camber of
new low income housing units within the City.
k. Any other information required by the Department of Community
Affairs (DCA) in accordance with F.S. 380.06(18)(1987).
27. 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 small 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. 3W.06(19) (c) (1967) .
28. 'nine effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of Coamuaity Affairs, Council, and
Applicant; provided, however, that if this Development Order is
16
8e-45F 3l
appealed, the effective date will not start until the day after all
appeals have been withdrawn or resolved pursusnt to F.S. 380.07(2)
(1987).
29. 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 shal1 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 Yes occurred. The
violator will be given written notice by the City that states: i) the
nature of the purported violation, and 2) that unless the violation is
cured within 3U 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
ocmpletion 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 pe rnits,
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 MA, 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.
17
0. •
3G.
'lhe Southeast Overtown/ Park West Project Director, is hereby designated
to monitor amViiance with all oorditions 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. 360 (1987) ,
or duly promulgated and adopted
rules thereunder. Appeals to decisions of the Project Director may be
filed pursuant to procedures set forth in Article 30 of Ordinance 95(x#,
the Zoning Ordinance of the City of Miami, Florida, as amended. Any
noncompliance shall be subject to the provisions of paragraph 31 herein.
31. The South Florida Regional Planning (Duncil DRI report and
recommendations, entitled "Development of Regional Impact Assessment for
Southeast Overtown/Park West Ommunity Redevelopment Area - Master",
dated January 4, 1986, is incorporated herein by reference.
s2. Within 30 days of the effective date of this Development Order, it shall
be recorded with the Clerk, Dade Cbunty Circuit Cburt, pursuant to F.S.
380.Gb(15) (1967), specifying that the Development Order runs with the
land and is birniing on the Applicant, its successors, and/or assigns,
jointly or severally.
33. The existence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 360 ('1987) to file an
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, noz
withstanding the existence of this Development Order. In the event that
such an individual development order is approved and beomes effective,
the individual development order shall control development of the
property covered by the individual developnent order and the terns and
conditions of this Development Order shall no longer be binding upon the
property. Any such individual development orders shall, by their terns,
be consistent with the objectives and conditions of this Development
Order.
34. This Development Order shall not repeal, nor amend in any way, any other
currently effective development order or building permit within the
18 88-4 6 33
9�=110
subject area previously issued by the City amtission pursuant to F.S.
360 (1987) . nlis 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) .
35. 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.
gib. 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.
37. 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.
38. Upon the adoption of the local government comprehensive plan pursuant to
F.S. 163.3161 (1965), as amended, for the City of Miami, the City may
rescind this Master Development Order at the oompletion 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.
19 88-45E� .3/7/
98-110
lXMINT 1
N `due^',
OF, -
NOT TO OCALE
SOUTHEAST OVERTOWN / PARK WSST - Do
DOWNTOWN MIAW - DRI
BOUNDARY MAP
SOUTHEAST OVERTOWN f PARK WEST — DR!
�8-110
IMMNT 9
9
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at a point at the intersection of the center line of N.E. 5th
Street; thence west on the center line of N.W. Sth Street (and N.W. 5th
Street) to the east ROW line of 1-95 to the south ROW line of I-395 to
the center line of Biscayne Boulevard; thence southerly on the center
line of Biscayne Boulevard to the point of beginning.
The above described area contains aproainately 209 acres.
® 7
\vi�7r
iLLUUM TUKR) NOT Tc
)RMER TEXACO STATION)
`'ITRAL BAPTIST CHURCH)
dTION ARMY)
V J l W v it o UU1WGT ttWXJ
9 ST (COLA NIP BUILDING)
9 ST (MT', ZION BAPTIST CHURCH)
) N,W, 3 AVE (EBENEZER METHODIST 0
3 AVE (ST. JnHN THE BAPTIV nW-R
L)mmri _ F
01I1N;1:*-"a*Ill =1:itol'.'1`Wm:7 T_i"i'.'ISAaiT
-Novu --��= ntitl ='
ffill
1111L 1�1111 III 11=
!11rillilill11 11=n
4CHEOLOGI10AL
MAP
OVERTOWN
/ PARK WEST
- DF
BMW 9
P"s1
State of Florida
Department of Community Affairs ILWN-07-65
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 as approved Development of
Regional Impact (DRI) for submitting as annual report to the
local government, the Regional Planning Conseil 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 is the
development order may result in the temporary suspension of the
development order by the local government matil the annual report
Is submitted to the review agencies. This requirement applies to
all Developments of Regional Impact which have been approved
since August 6, 1980., If you have asy questions about this
required report, 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
with (1) copy to each of the following:
a) The regional planning agency of jursidition;
b) All affected permitting agencies;
c) Division of Resource Planning and Management
Bureau of Land and Water Managemeat
2571 Executive Center Circle, Last
Tallahassee, Florida 32301
Please format youy Annual Status Report after the format example
provided below.
ANNUAL STATUS REPORT
Reporting Period: to
Month/Day/Year Mouth/Day/Tear
Development:
Name of DRI
Location:
City County
Developer: Name:
Company mesa
Address:
Street Locatloa
City, state, Rip Code
is
88-456 39
t38-i�C�
KMWT •
A"O s
BLWM-07-85
I) Describe any changes made is the proposed plan of
development, phasing, or in the representations contained is the
Application for Development Approval else* 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. Sxhibit 'A' should also address
the following additional items if applicable.
a) Describe changes in the plan of development or phasing
for the reporting year and for the subsequent years;
b) State any known incremental DRI applications for
development approval or requests for a substantial
deviation determination that were filed . in the
reporting year and to be filed during the seat 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 360.06(14)(d), P.S.
2) Has there been a change in local goveraaent
jurisdiction for any portion of the development since the
development order was issued? If so, has the annexing local
government adopted At new Development 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 seater plans, incremental .
site plans, etc., not previously submitted.
Note: If a response is to be more than one or two sentences,
attach as Exhibit 'n'.
A) Provide a summary comparison of development actkVIty
proposed and actually conducted for the reporting year.
Example: Number
impr0vem*ntsI lots
constructed, barrel
obtained, etc.
of dwelling malts
sold, acres mimed,
of storage capacity
constructed, site
gross floor area
completed, permits
Note: If a response is to be sore than eas sentence, attach so
Exhibit 'C'.
5) Have any undeveloped tracts of lead in the development
(other than individual single-family lots) been sold to a
sop*rate entity or developer? If so, identify tract, its also,
and the buyer. Please provide maps whieh show the tracts
Involved.
Tract
soya
AB-456 ��
1313-11G,
is
BLWHm07 i8S
SMUT •
M!s 0
Note: If a response is to be more than one sentence, attach as
Exhibit 'W.
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 to be nor* 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 'C'. (see attacbed form)
9) Provide any information that is specifically requjkred
by the Development Order to be included in the annual report.
10) Provide a statement certifying that all persons biro
been sent copies of the annual report in conformance with
Subseetions.;80.06(16) and (16), F.S.
Person completing the questionnaire:
Title:
Representing:
i Exhibit "A"
Increment I Development Order
Southeast Overtown/Park West
J-88-132
2/10/88
RESOLxTI'ION NO. . e—i 11
A RESOLUTION CONCERNING THE SOUTHEAST OVERTOWN0/PARK
WEST DEVELOPMENT' OF RDGICNAL IMPACT, ENCCOMPASSING AN
AREA OF THE CITY OF MIAMI DESIGNATED IN 1982 BY
RESo1TTI0N N0. 82-755, AS THE SmrmEAST OvERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT' AREA (MORE PARTICULARLY
DESCRIBED HEREIN), PURSUANT TO AN APPLICATION FOR
DEVELOPMENT APPROVAL PROPOSED BY THE CITY OF MIAMI;
AUTHORIZING AN INCREMENT I DEVELOPMENT ORDER;
APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER
CON0.SIDE:RING 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
FTORIDA 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 DEVELCIPMEN '
ORDER TO AFFECTM 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 February 6, 1987, 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
Conmiunity Affairs,
pursuant to F.S. 380.06 (1987),
for
the ongoing development
through the Year 2007 for the area designated in 1982 by City Commission
Resolution No. 82-755, as the Southeast Overtown/Park West Community
Redevelopment Area, as legally described in the Development Order attached
hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
February 3, 1988, Item No. lb, following an advertised public hearing, adopted
Resolution No. PAB 12-88 by a 8 to 0 vote, RECOMMENDING APPROVAL of the
Increment I Development Order, as amended, for the Southeast Overtown/Park
West Community Redevelopment Area as attached hereto; and
WHEREAS, on February 11, 1988, the City Commission conducted a public
hearing pursuant to F.S. 380.06 (1987); and
ATTACC ilE tiTS
CITY COMMISSION
MEETING OF
FEB 11 1988
IN No. 98-111
it �
V I 'ro
1
1387456
ya.
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
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 Incremment I Development
Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FUORIDA:
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
the Southeast Overtown/Park West Community Redevelopment Area, 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 designated in 1982 by Resolution
No. 82-755 , as the Southeast Overtown/Park West Community Redevelopment Area,
as more particularly described in Exhibit "A".
Section 2. The Increment I Development Order for the Southeast
Overtown/Park West Community Redevelopment Area, (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; and The South Florida Regional
Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida,
33021.
Section 4. The City Manager is hereby directed to take all actions
necessary to fulfill the City's obligations under the terms of the Increment I
Development Order for the Southeast Overtown/Park West Community Redevelopment
Area (Exhibit "A").
-2-
s8-456 S&W111
�f3 ` _
section 5. in the event that any portion or section of this Resolution
W1
11 or the increment I Development Order for the Southeast Overtown/Park west
Community Redevelopment Area (Exhibit "A") is determined to be invalid,
illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this
Resolution or the Increment I Development Order for the Southeast Overtown
/Park west Community Redevelopment Area (Exhibit "A"), which shall remain in
full force and effect.
PASSED AMID ADOPTED this 1_ day of February , 1988.
ATTEST.:
j
MA HIRAI
CITY CLERK
PREPARED AMID APPROVED BY:
JOEP E. MAXWELL
AS
STANT CITY ATIO EY
APPROVED AS TO FORM
AMID CDJLMMSS:
4 A. DoMmRry
CITY ATTORNEY
JEM/S/mp/M284
-3-
88-456 8"IJL /�i
EXHIEIT "A"
INCREMEW I DEVELOPMERr ORDER
NAME OF DEVELOPMENT: The Southeast Overtown/Park West
Community Redevelopment Area
NAME OF DEVELOPER: The City of Miami
AUIMRIZED AGENT OF
DEVELOPER:
Herbert
H. Bailey, Assistant City Manager and
Sergio Rodriguez,
Director,
City of
Miami Planning Department, or their
successors.
PRWECT DESCRIPTION: The Project consists of development in the Southeast
Overtown/Park West Community Redevelopment Area through the Year 2007,
including the following land uses and increments:
Land Uses Increment I Increment II Increment III Thtals
(1988-1994) (1994-1999) (1999-2007)
Office
(gross square feet) 166,000 205,000 632,500 11003,500
Retail/Service/General
Commercial
(gross square feet) 66,200 37,300 90,600 194,100
Hotel
(roams) 0 500 600 1,100
Residential
(dwelling units) 2,000 2,000 5,000 9,000
Convention
(gross square feet) 290,000 310,000 0 600,000
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 Southeast Overtown/Park West Community
Redevelopment Area, designated in 1982 by City Commission Resolution No. 82-
755, as illustrated on the map in Exhibit 1 and described in Exhibit 2
attached hereto. The Project Area contains a•total of approximately 209 acres
of land.
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2.
1
A
88-45f, Ll`5
ell
DUnnrLTIONS: Ebr the purposes of this Development Order, the following term
shall be defined as follows:
ADA or Application for Development Approval: The original Application far
Development Approval for DDwnww7i Miami filed by the City of Miami on February
`f, 6, 1987, pursuant to F.S. 380.06 (1967).
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 tetporary wWcr 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.
DERM: The Metropolitan Dade Cowity Department of Environmental Resources
Management.
DRI: Development of Regional Impact.
Development- Credits: The
individual
units of
land uses
included
within Total
Allowable Development, as
measured
by square
footage
or number
of dwelling
units, hotel rooms, or seats.
FDER: The Florida Department of Environmental Regulation.
Major Use Special
Permit:
A special permit issued
by the City
Cmmlission
pursuant to
ordinance 95UO,
the Zoning Ordinance of
the City of
Miami, as
amended.
Net New Development: Any construction or reconstruction rich 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
2
88-45F
r
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 nay
credit the prior land use against the proposed land use based upon equivalent
impacts as measured by peak tour 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,OUO square feet in floor area, if he finds that
such development would have ro regional impact as measured by peak hour
vehicle trips.
Parcel of Land: Any quantity of land capable of being described with suds
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 Projecrt described in the "PRD= DESCRIPTION" on Page i
herein.
Project Area: The area included within the legal description in Exhibit 2.
The area bounded by I-395, I-95, N. 5th Street and Biscayne Blvd.)
Total Allowable Development: The quantity of Net New Development for which
Certificates of occupancy may be issued under the terms and conditions of this
Development Order, together with the applicable Master Development Order, as
may be modified pursuant to F.S. 380.06(19) (1987), and which shall be
measured by the following land uses:
Office
Retail/Service
Residential
Convention
166,0G0 gross square feet
66,200 gross square feet
2,000 dwelling units
290,000 gross square feet
Zane City may permit sinultaneous 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.
3
98-456 L 0
r
r
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 City of Miami filed the ADA with the City. the Council, and the
Florida Department of aotmunIty Affairs-
D. The CAM has been filed by the City of Miami pursuant to F.S. 380.06(22)
(1987) authorizing the City of Miami to apply for development approval
and receive a development carder for any or all of the area within its
jurisdiction. Individual developments are not identified or required to
be identified in the CADh.
E. The purpose of the CAIA 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 CT,DA. The concept is to recognize the Project Area as d
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,
commodity services, energy and other resources and systems of regional
significance. The CM A seeks a single DRI review process for overall
phased development of the Southeast Overtown/Park West C mrmuiity
Redevelopnent 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 GJ)A. The
CUA is intended to serve as a flexible guide to planned development of
the Project Area rather than a precise blueprint for its development..
4
88-456 88-111
P r
Therefore, pursuant to F.S. 380.06(21)(b) (1967 ), the CADA seeks master
development approval for three increments of development over a period
of approximately twenty years and specific development approval for
Increnennt 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 209 acres. 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 omprehensive review of the probable impacts that will be generated by
Increment 1 of the Project has been conducted by various City
departments, as reflected in the CAAA, and the South Florida Regional
Planning Cbuncil staff.
J. This Development Order is consistent with the report and recommendations
of the South Florida Regional Planning Council, entitled "Development of
Regional In4.uct Assessment for the Southeast Overtawn% Park West
Community Redevelopment Area - Increment I", dated January 4, 1988. The
South Florida Regional Planning Council recommends approval of Increment
I of the Project, and all conditions to which such approval is subject
are reflected herein.
K. Increment I of the Project is consistent with the applicable portion of
the State land development plan and the Regional Plan for South Florida.
L. increment I of the Project is in conformity with the adopted Miami
03nprehensive Neighborhood Plan.
M. Increment I of the Project is in accord with the district zoning
classifications of Zoning Ordinance 95W, as amended.
N. Increment I of the Project will have a favorable in pact on the economy
of the City.
P. Increment I of the Project will efficiently use public transportation
facilities.
0. Increment I of the Project will favorably affect the need for people to
find adequate housing reasonably accessible to their places of
employment.
5
fl8-456 y9
88-11�
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 net 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.
03NCIIJS10NS OF LAW:
That, having made the findings of fact contained above, the City
C=nission hereby concludes as a matter of law, the following:
A. The City of Miami acting as 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 »-- =
B. Increment I of the Project complies with the Miami CmTprenensive
Lleighborhood Plan, is consistent with the orderly development and goals
of the City of Miami, and cxuplies with local land development
regulations.
C. increment I of the Project does not unreasonably interfere with the
achievement of the objectives of the adopted State lam 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
re=mnendations 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).
6
88-'456 so
88�-111
P
AC:IW 'flAIQN:
'n-at, having made the findings of fact and reached the eor+=lesions 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. AMID%aR ASSIGfiS JOINT2Y CR Sf,VEMLLY MAY ISSUE
BUILDING PERmrrs AND WTIFICATES OF OOC'UPANL"i FUR =AAAL AUOAi F3LL
DWELAR U, PURSUANT TO THE TEFM.S AND COMITIONS OF THIS DEVELDR+IW CRDER
i�- � i � i. • �• �- .. � • is •- .��• n
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 qualitymonitoring for carbon monoxide (CO) concentrations based on the
following requirements:
a. CD monitoring data shall be provided for the Project area at one
location.
b. The monitoring shall consist of four (4) weeks of data collection
during the winter months, November 15th through March 15th.
c. The monitoring shall be completed prior to the issuance of any
certificate of occupancy within that location 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 development area. The location will be
selected jointly by the City, Florida Department of Environmental
Regulation (FDER) , Dade County Envirocmenntal Resources Management
(DERM), and Council staff.
7
88-456 S /
(11 r
e. Perfornn the monitoring required by 2a. and Zb. above as prescribed
by the policies and regulations governing DII4I and submit final
air quality
monitoring
reports to F=,
MM, and the Council
staff within
60 days of
the ampletion of
the monitoring.
3. Conduct air quality modeling of carbon rvnoxide impacts to deters uie
what, if any, changes are needed in air quality monitoring, including
the need to continue monitoring. The modeling shall be oompleted within
one year after the base -line data monitoring has been oompleted pursuant
to paragraph 2 above and the intersections have been selected pursuant
to 3a. below. The air quality modeling shall follow FDER guidelines and
shall:
a. Be limited to no more than five (5) intersections to be selected
from among the intersections projected in the CADA to operate at
level of service E or F. The intersections shall be selected
jointly by FDER, DERM, the Council staff, and the City.
b. Be submitted in a detailed and comprehensive air quality analysis
to FDER and DERM for oomnent and review, and to the Council staff
and the City for review and approval.
C. Include proposed changes to air quality monitoring as justified by
the air quality modeling analysis.
4. If the results of the air quality modeling study, as described in
paragraph 3 above, are more than 85 percent but less than 100 percent of
the State standards for M 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 oa:nnent by FDER and DERM. The program
may include, but is not limited to, the following te&xdques:
a. Physical planning measures (e.g. signalization, parking area
locations, addition of turn lanes, etc.).
b. The continuance of monitoring.
[3
88-4.503 5;2
r r
5. If the results of the air quality modeling study, as described in
Condition 3 above, exceed State standards for Co concentrations, do one
of the following:
a. Provide acceptable documentation which clearly indicates that CO
exceedences will not occur, or that the Net New Development
seeking approval will not contribute to the predicted CO
violation, or that any potential Co additions for each Net New
Development have been or will be mitigated (according to Council
staff and the City subsequent to review and comment by FDER and
DMM) 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. , and b. , above. This documentation must oe approve❑ L;y u,a
Council staff and the City subsequent to review and c3tat t by
FDER and DMI.
b. Withhold' the issuance of any building permits for Net New
Development within the sub -area that shows CO exceedences.
6. Before the earlier ddte of a. or b. specified below:
a. Flour years after the effective date of the Development Order, or
b. The date of issuance of certificates of occupancy for :rare than
1,600 residential units,
omplete the construction of four -lane widening of N.W. lst- Avenue from
N.W. 2nd Street to N.W. lath Street.
7. Withhold the issuance of building permits for Net New Development if the
City has been determined to be in nonoa:pliance 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
Inprovement Program (TIP) published in June, 1987. In the event that by
December 31, 1992, the Metromover Stage II improvements are not
substantially under construction, as determined by Council staff, then
this situation will be considered a substantial deviation from the
9
A8-456 53
ell�l lob,
mitigative efforts anticipated to offset the adverse impacts of Total
Allowable Development. In this event, the Applicant shall be required
red
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 upact review, if
required, shall be initiated by March 31, 1993. Net New Developments
which have obtained building permits prior to December 31, 1992 shall
not be affected by any subsequent review.
9. 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 campliance
with this Development Order. and any othex 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 . "
10. Establish December 31, 1993 as the date until which the City agrees that `
the grantees of building permits or Major Use Special Permits for new
development, under the Southeast Overtown/Park West O mmmunity
Redevelopment - Increment I Development of Regional Impact shall not be
subject to dawn -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
10
88-4st; a® 51
-�ii
substantial dmVes in the conditions underlying the approval of the
development order have oocurred, or that the development order was based
S`
a on substantially inaccurate information provided by the Applicant, or
1°
that the charge is clearly essential to the public health, safety or
welfare.
11. 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.
12. 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.
13. The City shall integrate all original and supplemental ADA information
into a Cbnsolidated Application for Development Approval (ChDA) and
submit two copies of the 00h 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.
Zhe 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
11 55 y
88-4S6
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" rotation, 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.
14. 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 ompliance 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.
15. kll terms, proposals, suggestions and procedures proposed in the
Application for Development Approval, but not specifically incorporated
in this Development Order, shall not be considered a part of the
Consolidated Application for Development Approval insofar as they may
have been deemed to place a requirement on the City of Miami to take any
action or abstain from taking any action. The terms of this Development
Order shall control and any requirements of the City are specifically
ehuneratdd herein.
16. The City shall prepare an annual report and submit copies to the
Council, the City Clerk and Florida Department of 06munity Affairs on
or before each anniversary date of this Development Order. The annual
report for Downtown Miami - Increment I must also be Iraorporated into
the annual report required red in the Southeast Over-town/Park West community
Redevelopment Mash Development Order so that a single annual report is
compiled for the entire Project.
The annual report shall include, at a rainimum:
a. A omplete response to each question in Exhibit 3.
b. Identification and description of any known changes in the plan of
development, or in the representations contained in the CM A, or
in the phasing for the reporting year and for the next year.
12
88-456
W.
c. A sumary ccmparison of Total Allowable Development and Net New
Development proposed and actually approved during the year,
including locations, acreage, square footage, number of units, and
other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with
the conditions of approval contained in this Development Order and
the commitments which are contained in the Application for
Development Approval and which have been identified by the City,
the Oouncil, or the Department of O=MU- tY Affairs as being
significant.
e. SptcificaLion of any amanded Dft: 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 abdication 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 (16) (1987).
h. A copy of any recorded notice of the adoption of this Development
Order or any subsequent modification that was reoorded by the
Applicant pursuant to F.S. 380.06(15) (1987).
i. Any other information required by the Department of OoRM=ty
Affairs (DCA) in accordance with F.S. 380.06 (18)(1987).
17. The deadline for oemnencixg any development shall be two (2) years from
the effective date of this Development Order. 7 he termination date for
ompleting development shall be Decenber 31, 1992, provided that the
Applicant, or its successors and assigns, eanplies with paragraph 25
herein. The termination date may only be modified in accordance with
F.S. 38O.06(19)(c) (1987).
13
88-45h s
18. The effective date of this Development Order shall be 45 days from its
transmittal to the Florida Department of C=nuhity Affairs, muncil, 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)
(1967).
19. The City shall not violate any of the conditions of this Developnent
Order or otherwise fail to act in substantial ccnpliance with this
Development Order or permit any property owner within the boundaries
covered by this Development Order to violate any of the provisions of
this Development Order. In the event any entity controlled by the
Applicant and/or the City or any permittee or landowner of any Parcel of
Land violates (hereinafter "violator") the provisions of this
Development Order, the City shall stay the effectiveness of this
Development Order as to . the Parcel of land in which the violative
activity or conduct has occurred and withhold further pelmnits,
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 puiported 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 net curable in 3U 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
c mpletion 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 IAnd in which the violation has
occurred and until the violation is cured. The terms of this paragraph
14
fl8-45f sg
e%" /01N
may be modifiers from time to time by written agreement by the DDA; the
City, and Council staff, to enable the City to enforce the tams of this
Development Order to the fullest extent, while providing due process to
all developers under this Development Order.
20. The Director of the Southeast Ove-town/Park West Project in conjunction
with the Planning Director, is hereby designated to monitor ampliance
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 nonoorpliance
shall bE subject to the provisions of paragraph 22 herein.
21. The South Florida Regional Planning Council report and recommendations,
entitled "Development of Regional impact Assessment for the Southeast
Overtown/Park West Community Redevelopment Area- Increment I", dated
January 4, 1966, is incorporated herein by reference.
22. Within 3G days of the effective date of this Development Order, it shall
be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S.
380.0b(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.
23. The existence of this Development Order shall not act to limit or
proscribe the rights of any person under F.S. 380 (1987) to file an
Application for Development Approval and obtain an individual
development order for property covered by this Development Order, not
withstanding the existence of this Development Order. In the event that
such an individual development order is approved and becomes effective,
the individual development order shall control development of the
Property covered by the individual development order and the terse and
15
A9-45F 59
/"4
conditions of this Development Order shall no longer be binding upon the
property. Any such individual development orders shall, by their tams,
be consistent with the objectives and conditions of this Development
Order.
24. 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 cmmission 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).
25. 7his Development Order shall mt create nor inpose 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 Orden and future development of
the City, as such impact fees or assessments may be authorized by law.
26. In
the
event that a
substantial deviation is
determined under the terms
of
this
Development
Order or F.S. 3W (1967) ,
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.
27. 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 pennitted 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.
16
88-as6 by
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® SOUTHEAST OVERTOWN / PARK WEST - DW
DOWNTOWN MIAMI - DRI
BOUNDARY MAP
SOUTHEAST OVERTOWN / PARK WEST - DR!
88-4 C 98-111
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LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Begin at a point at the intersection of the center line of N.E. Sth
Street; thence west on the center line of N.W. 5th Street (and N.W. 5th
Street) to the east ROW line of I-95 to the south ROW line of I-395 to
the center line of Biscayne Boulevard; thence southerly on the center
line of Biscayne Boulevard to the point of beginning.
The above described area contains aproxisutely 209 acres.
WNW 3
Dees 1
State of Florida
Department of Community Affairs ILWH-07-83
Bureau of Land and hater 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 applies to
all Developments of Regional Impact which have been approved
since August 6, 1980. If you have any questions about this
required report, call the DRI Enforcement Coordinator at, (904)
488-4925.
Please send the original completed annual report to the
designated local government official stated in the developse�nt
with (1) copy to each of the following:
a) The regional planning agency of juraidition;
b) All affected permitting agencies;
c) Division of Resowrce Tiiuiining and Management
Bureau of Land and Water Management
2571 Executive Center Circle, East
Tallahassee, Florida 32301
Please format youy Annual Status Report after the format example
provided below.
ANNUAL STATUS REPORT
Reporting Period: to
Month/Day/Year Month/Day/Year
Development:
•
Name of DRI •
Location:
City County
Developer: Name:
Company 'dame
Address:
Street Location
City, State, Zip Code
88-456, �q
rrl
r)
CITY OF MIAMi. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM
Cesar N. OdI
City Manager
RECONKUDATION:
DATE: MW 1968 FILE
SUBJECT: Appeal by Florida Department
of Community Affairs on
Southeast Overtown/Park West 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
Southeast Overtown/Park West DRI development orders.
BACKGROUND:
On February 11, 1987, the Commission adopted Resolution 88-110 and 87-111
approving the Master and the Increment I Development Orders for Southeast
Overtown/Park West, concluding a 3 year long effort by the Department of
Development to obtain DRI approval for the Southeast Overtown/Park West 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.
The appeal of the Southeast Overtown/Park West DRI is nearly identical to
OCA's appeal of the Downtown DRI, except that one additional issue was raised
in the Southeast Overtown/Park West appeal.
City staff has negotiated the attached Stipulation of Settlement, wherein DCA
agrees to dismiss its appeal. This settlement agreement is identical to the
agreement negotiated for the Downtown DRI, except that it contains an
additional Paragraph #9, addressing the new issue that DCA included in its
appeal of the Southeast Overtown/Park West DRI. This settlement agreement
will make the Southeast Overtown/Park West 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 DCA's appeal by clarifying the Downtown DRI
development orders, consistent with the City's original intent.
98-4-5C,
Honorable Mayor and Members
of the City Commission
Following is an analysis of the implications of each paragraph in the proposed
Stipulation of Settlement.
I. 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.
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 that the 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 Southeast Overtown/Park West DRI
and 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
an:lji:s of Ex�?bit "B" is provided on page 4 of this memorandum.
3. In paragraph #3 on pages 2 and 3, 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.
Page 2 of 5
f,85-45E
W
Honorable Mayor and Members
of the City Commission
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.
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 DCA'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 court 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.
Page 3 of 5
98-4.9G
3
Honorable Mayor and Members
of the City Commission
8. In Paragraph #8, DCA agrees to drop a minor issue in their appeal
concerning submittal of the Consolidated Application for Development
Approval (CADA), based upon the City agreeing to submit the CADA within
15 days of the execution of this Stipulation.
9. Paragraph#9 concerns an issue
Overtown Park West DRI, but failed
The City's development orders call
from Total Allowable Development
Occupancy are issued. DCA believe
at the time that building permits a
s
that DCA appealed in the Southeast
to appeal earlier in the Downtown DRI.
for new developments to be subtracted
at the time that Certificates of
that the subtractions should be made
re issued.
10.-14. The remaining paragraphs in the Stipulation provide framework and
procedure for settlement of the appeal, and are self-explanatory.
Exhibit "A". This Exhibit includes the Master and Increment I development
—orrdeers adopted by the City.
Exhibit "B". This Exhibit redefines the applicability of certain conditions
round in the Master and Increment I development orders. Ail 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 3ev—e went 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., I5.,
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
Page 4 of 5
r'Fi-45F
y
I
w
Honorable Mayor and Members
of the City Commission
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 5 of 5
EMBIT 3
'ape 2
BLWM-07-85
1) Describe any changes made in the proposed plan of
development, phasing, or in the representations contained in the
Application for Development Approval since the 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 requests 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 any portion of the development since the
development order was issued? If so, has the annexing local
government adopted a new Development of Regional Impact
development order for the project? 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 fs to be more than one or two sentences,
attach as Exhibit 'B'.
4) Provide a summary comparison of development activity
proposed and actually conducted for the reporting year.
Example: Number of dwelling units constructed, site
Improvements, lots sold, acres mined, gross floor area
constructed, barrel of storage capacity completed, permits
obtained, etc.
Note: If a response is to be more than one sentence, attach as
Exhibit 'C'.
5) Have any undeveloped tracts of land in the development
(other than individual single-family lots) been sold to a
seperate entity or developer? If so, identify tract, its size,
and the buyer. Please provide maps which show the tracts
involved.
Tract
Buy@ r
88-45F 65
88-111
P"i '
ALWM-07-85
Note: If a response is to be sore 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 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 statement certifying that all persons have
been sent copies of the annual report in conformance with
SubsectionO 280.06(14) and (16), F.S.
Person completing the questionnaire:
Title:
Representing:
88-456
I
59
EXHIBIT "B"
MASTER 00 COMMONS
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 deli gn, 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
67
f38-456
1
with the CADA, individual drainage systems must be designed to retain at
least the first one,.inch of stormwater runoff within drainage wells and
exfil tration 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
e'
Applicability:
(a.) All development, other than (b.).
(b.) Exceptions for renovation of existing structures or land
it
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.
ii
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 improvenent; new structures -car dddirions 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 implenentation 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
88-456
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,
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 recycl er or a
waste exchange operation.
Page 4 of 10 -�O
88-456
Ph
App1 irabi 1_i_ty_ s
(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 exeript-ed-try 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 and
with this Development Order and all
applicable laws and regulations.
Page 5 of 10
r.'
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 Melaleuca, Casuarina, and Brasilian 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 1 ess than 10,000 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 %
88-456'.
00 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.
App1icatiIII y
(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
�3
88-456
L
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
and comment by FDER and BERM) 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 BERM.
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
1 ess peak
hour
motor vehicle trips;
excavation;
demolition; deposit of fill; or redevelopment where redevelopment
Page 8 of 10
/4
88-45F
z
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
"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
88-456
-)s
ti
w
�.� the 'ACM ordinance will be presented to the South Florida Regional
s
punning Council prior to adoption; and the applicability will be
addressed at that time. )')
t
1
is
t
Page 10 of 10
i
WE
v •fit
dip
Greater Miami Perforraint Arts Facilities �alysts
Joint Uereloplueot Potential
r FIR,. j ] t�cylcr Manurn/EDAK'!E1S
1 NOWM OMOO-,
safety and traffic needs of residents, businesaim
institutions in the area for entering and crossing through said
arterials and upon the favorable exercise of the City Manager's
judgement predicated upon all factors set forth herein.
V This acronym stands for Business Owners and Managers Associatio . CITY COMMISSION
MEETING OF
MAY 12 1988
RESOLUTION No. 88-45-!;