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HomeMy WebLinkAboutR-88-0111J-88-132 2/10/88 RESOLUTION NO.�--i 1 1 A RESOLUTION CONCERNING THE SOUTHEAST ONERI%N/PARR WEST DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI DESIGNATED IN 1982 BY RESOLUTION NO. 82-755, AS THE SOUTHEAST ONER'IOWN/PARR 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 CONSIDERING THE REPORT AND RATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK 70 SEND COPIES OF THIS RESOLUTION AND THE INCREMENT I 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 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 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 February 3, 1988, Item No. lb, following an advertised public hearing, adopted Resolution No. PAB 12-88 by a 8 to 0 vote, REOOMKENDING 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 ATTACHMENTS ENC"Stu 1 CITY COMMISSION MEETING OF FEB 11 1988 IN No. 9"11 X4 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 Increment I Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Increment I Development Order for 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- a �. . 014 L2 Section 5. In the event that any portion or section of this Resolution or the Increment I Development Order for the Southeast Overtown/Park West Carmunity 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 Wiest Community Redevelopment Area (Exhibit "A"), which shall remain in full force and effect. PASSED AND ADOPTED this llth day of February , 1988. ATTEST: MATrY HIRAI CITY CLERK PREPARED AND APPROVED BY: 1 , 1 wa, -?0% E. MADMI, STAMP CITY ATM EY APPROVED AS TO FORM AND OD • A. DOUMMRTY CITY ATTORNEY JEM/S/mp/M284 5-M [ER L. SUAREZZ EXHIBIT "A" INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: The Southeast Overtown/Park West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami AUTHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assistant City Manager and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT 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 37,300 900,600 194,100 Hotel — (rooms) 0 500 600 10,100 — Residential (dwelling units) 2,000 2,000 5,000 9,000 Convention — (gross square feet) 2900000 3100000 0 6000000 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- 7550 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 DEFINITIONS: Ebr 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 Downtown Miami filed by the City of Miami on February e, 19871, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Oocupancnr: A permanent or temporary and/or partial Certificate of occupancy issued, pursuant to Section 307 of the South Florida Building oxie, for any "Net New Development" as defined herein. Gut : The City of Miami, Florida. Council: The South Florida Regional Planning Council. DERM: The Metropolitan Dade County Department of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: r1he individual units of land uses included within Total — Allowable Development, as measured by sere footage cr 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 Coami.ssion = pursuant to ordinance 95p0, 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 Ind", 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 lam uses for purposes of calculating the net increase, if the Planning 2 004 Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the land uses to be demolished. if a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity %bich has on the effective date of this Development Order a valid building permit or any currently effective development order shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in floor area, if he finds that such development would have no regional impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PfDJWr 1h85CR1PT10N" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. The area bounded by I-395, I-959 N. Sth Street and Biscayne Blvd.) Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the tuns and conditions of this Developmaht order, together with the applicable taster 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 16610W gross square feet Retail/Service 66,200 gross square feet Residential 2,000 dwelling units OonventiAn 290,000 gross square feet The city may permit simultaneous increases and decreases in the above described land use categories, provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increaent I of the Project as originally approved, as mmeured by total peak hour vehicle trips. 3 88--111 FINDIMS 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 E)Cinibit 2. C. The City of Miami filed the ADA with the City, the Council, and the Florida Department of amity Affairs. D. The C ADA 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 order for any or all of the area within its jurisdiction. Individual developnents are not identified or required to be identified in the C hDA. E. The purpose of the C DA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to foes the DRI review Process primarily on the umpacts that Total Allowable Development within the area will have on land, water, transportation, environmental, o=mtvdty services, energy and other resources and systems of regional significance. The CUA seeks a single DRI review process for overall phased development of the Southeast Overtown/Park west Ckammu dty Redevelopment Area rather than requiring each individual DRI scale development within the downtown area to file for separate MI reviews. F. Development within the Project Area is expected to continue to be accatplished 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 CND&. The CAA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. n NU �: ■ Therefore, pursuant to F.S. 360.06(21)(b) (1987), the CMA 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 a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 2U9 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. I of the Project has been conducted by various City departments, as reflected in the CAUh, and the South Florida Regional Planning Council staff. J. phis Development Order is consistent with the report and reoamnendations of the South Florida Regional Planning (buncil, entitled "Development of Regional Impact Assessment for the Southeast Overtown/Park West Community Redevelopment Area - Increment I", dated January 4, 1988. The South Florida Regional Planning Council reoommends 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 Gbniprenensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zotnitng classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable inpact an the eoonaay of the City. P. Increment I of the Project will efficiently use public transportation facilities. Q. Increment. I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of enployment. 5 OWN R. increment I of the Project will efficiently use necessary public facilities. S. Increnait 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 rot 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. OONCWSIONS OV LAW: That, having made the findings of fact contained above, the City Commission 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. 38U (1987), and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. B. Increment I of the Project acxmplies with the Miami CUrprehensive Weighborhood Plan, is consistent with the orderly development and goals of the City of Miami., and oonplies 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 land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increnent I of the Project is consistent with the report and reoanmendations 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). i i 1 :i i 6 88-�111 ALTIOR TAh131: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUOCySSORS, AID/CR ASSIGWS JOI1ATY (fit SEVERALLY MAY ISSUE BUILDING PE{NrrS AM) iJ;FtTIFiCNTSS OF O0C!UPXA-Y IM =CAL ALLU^ABIE LE'VEUJnaW, MIS=4T 70 THE TE'Et-0- AND 00NUITIONIS OF THIS MVEWR*24T ORDER ,roGenm wrm ZHE AnumANr 14kglE'Et DLVEfiAHIFNT QwER AbN S1i": 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (00) 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 a hich 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 canes 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 Environmental Resources Management —a (DERM), and Council staff. Al ;a ;7 I� 3 7 s� eN e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DEEM and sWmdt final air quality Monitoring reports to FM, Umij, and the Council staff within 60 days of the oompletion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be ampleted within one year after the base -line data monitoring has been cm pleted 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 C%M to operate at level of service E or F. The intersections shall be selected jointly by FDER, DLVM, the Council staff, and the City. b. Be submitted in a detailed and omprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. c. Include proposed changes to air duality 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 00 concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, i.nciudirg a time frame for i,nplemeztation, must be approved by the Council staff and the City subsequent to review and oom ent by FDER and DEPA. The program may include, but is not limited to, the following techniques: a. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). b. The continuance of monitoring. ! 8 198-111 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 Cp exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted OD 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 oclut by EVER 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., and b., above. This documentation must be approveu Dy the Council staff and the City subsequent to review and oo►t, by F'DEFi and DERM. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. 6. Before the earlier date of a. or b. specified below: a. Four years after the effective date of the Development Order, or b. The date of issuance of certificates of occupancy for more than 1,6DO residential units, coaplete the construction of four -lane widening of N.W. 1st Avenue from N.W. 2nd Street to N.W. lUth Street. 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in nonocnpliance with paragraph 6 above. 8. Make efforts to wank 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 Improvement Program (TIP) published in June, 1987. In the event that by December 31, 1992, the Metromover Stage II improvements are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the E s9-11.1 mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. in this event, the Applicant shall be required to undergo additional Development of Regional impact review for transportation impacts pursuant. to F.S. 38p.06(19)(a)(g) and (h), (1986). Such additional Development of Regional impact review, if required, shall be initiated by March 31, 1993. Net New Developments which have obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review. 9. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. "if necessary, the city shall establish a procedure for rebating any funds i 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 ompliance with this Development Order and to mitigate the impacts of Total Allowable Development." 10. Establish December 31, i993 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 Ooamuni.ty Redevelopment - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction; or intensity reduction to the extent of the amount of development included within the building permit er Major Use Special Permit, unless the City can denonstrate that 10 substantial changes in the conditions underlying the approval of the development order have occurred, or that the developnent order was based on substantially inaccurate information provided by the Alplic ant, or that the change is clearly essential to the public health, safety or welfare. 11. The City shall monitor the capacity of 'Dotal 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 consolidated Application for Development Approval (CAM) and submit two copies of the C M A to the Council, one copy to the City Clerk, and one copy to the Florida Department of O mtunity Affairs within thirty (30) days of the effective date of this Development Order. The CM A 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 j - 88-111 W infortmatiun needed or otherwise, the original pages of the AIAA Will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Rage l+mdxr' being the mamba^ of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 14. The Wtssoli,3ated 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. - tW (1987), and local �. S1u3stantial o rliawe with the factual representations aortaixnecl zn the G onsolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Cou twit, City, and Applies , its successors, and/our assigns. 15. isll terms, proposals, suggestions and procedures proposed in the Application for f)evelopmeit Approval, but not specifically incorporated in This Development Order, small not be considered a part of the Qotesolidated Applicatioon for Development Awrvval insofar as they may have been deened to place a requirenent on the City of Miami to take any action or abstain from taking any action. The tee of this Development Order small control and any recpuireaents of the City are specifically ecumerated herein. 16. 3he City shall prepare an annual report and submit copies to the QxmcLI, the City Clerk and Florida Department of cmmu pity Affairs on our behore each anniversary date of this Development order. The annual report fort Downtown Himi — Increment I must also be incorporated into the ammal report required in the Southeast Overtown/Park West community Redevelopment Master Development Order so that a single annual report is compiled for the entire Pwiec:t. The annual report shall include, at a tainimtm: a. A caq fete response to each question in Exhibit 3. b. Try- i fi cation and pklion of any known changes in the plan of deve 0-ament, or in the representations contained in the CM A, or in the phasing for the repourtiag year and for the next year. 12 98-111 c. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of C=mmity Affairs as being significant. e. Specification of any amended DU applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in cx nfoxmance with F.S. 380.06 (16) (1987) . h. A copy of any reoorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i. Any other information required by the Department of Dammu uty Affairs (DM) in accordance with F.S. 380.06 (18)(1987). 17. The deadline for oomrencirg any development shall be two (2) years from the effective date of this Development Order. The termination date for ompleting development shall be December 31, 1992, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in acoordance with F.S. 380.06(19)(c) (1987). 13 18. The effective date of this Development Order shall be 45 days from its transnmittal to the Florida Department of 0MMmity Affairs, (buncil, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not stait until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (1987). 19. The City shall not violate any of the (mnditions of this Development order or otherwise fail to act in substantial ccrnpliance with this Development order or pertmit 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 pemats, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development order will remain in full force and effect unless the violator does not diligently pursue the curative action to am pletion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified fr+am time to time by written agreement by the LAA, 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. 20. The Director of the Southeast Overtown/Park West Project in conjunction with the PLvming Director, is hereby designated to monitor omVliance 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 uVlement it, provided the same are not inconsistent with the terms hereof or of F.S. 380 (i987), or duly priata gated 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 nonaornpliance shall be subject to the provisions of paragraph 22 herein. 21. The South Florida Regional Planning Council report and reootmiendations, entitled "Development of Regional Invact Assessment for the Southeast Wertown/Park West Community Redevelopment Area- Increment I", dated January 4, 1968, is incorporated herein by reference. 22. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15) (1987). specifying that the Development Order runs with the land and is binding an the Applicant, its successors, and/or assigns, jointly or severally. 23. The existence of this Development order small 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 tetnm and 15 89-111 conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, bry their terms, 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 Om ni.ssion 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. 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. 26. 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. 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 permitted to continue to issue building permits, Major Use Special Permits and Certificates of occupancy ncy until such time as a final resolution of the litigation occurs. EkHIBIrl' 2 UDGRL UES(RIPTICN OF SUBJECT PROPi�32'i'Y: 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. 5th 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 aproximately 209 acres. w EXONT 1 SOUTHEAST OVERTOWN / PARK WEST - ON 0 DOWNTOWN YIAW - DRI BOUNDARY MAP SOUTHEAST OVERTOWN / PARK WEST - DW 8"JUL Y 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.N. 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 aproxisately 209 acres. I EMBIT 3 page 1 State of Florida Department of Community Affairs BLWM-07-85 Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 488-4925 Subsection 380.06(16), Florida Statutes, places the responsibility on the developer of an approved Development of Regional Impact (DRI) for submitting an annual report to the local government, the Regional Planning Council the Department of Community Affairs, and to all affected permit agencies, on the date specified in the Development Order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement 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 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 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 I. Location: City County Developer: Name: Company Name Address: Street Location City, State, Zip Code S "1Ja BMW � Page Z BLWH-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 is to be more than one or two sentences, attach as Exhibit 'B'. 4) Provide a summary comparison of development activity proposed and actually conducted for the reporting year. Example: Number improvements, lots constructed, barrel obtained, etc, of dwelling units constructed, site sold, acres mined, gross floor area of storage capacity completed, permits 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 no. identify tract, its size, and the buyer. Please provide maps which show the tracts Involved* Tract I Buyer s EXIMT a Palo a BLWH-07-85 Note: If a response is to be more than one sentence, attach as Exhibit 'D'. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to Issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response 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 reporrt. 10) Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsectiond 280.06(1'4) and (16), F.S. Person completing the questionnaire: Title: Representing: N 88�-111 '�;1 AIIN Owns 2 PLANNING FACT SHEET APPLICANT City of Miami Cesar H. Odio; City Manager February 6, 1987 PETITION 1b. Consideration of recommending issuance of an Increment I Development Order for the Southeast Overtown/Park West, Community Redevelopment Area, as designated by the City of Miami (Resolution 82-756) and Metropolitan Dade County (Resolution R-1677-82)0 a Development of Regional Impact, as proposed by the applicant: City of Miami acting as the Downtown Development Authority, being that area in the City of Miami generally bounded by N 5th Street, Biscayne Boulevard, i-395 and I-95, pursuant to Chapter 380.06 F.S. REQUEST To make recommendations on a Development Order for the Southeast Overtown Park West Community Redevelopment Area of Regional Impact, a Development of Regional Impact per Chapter 380.06 (22) Florida Statues. ANALY SIS The project consists of development in the Southeast Overtown/Park West Community Redevelopment through the Year 2007, including the following land uses and increments: tad W.. 1"Womt s 1""" a n 1"No" t its 7btala • lllif+tl�ill lllN+t4!!i !lf!l-20071 o[[lea (9maa **me to*) 1"0000 209.000 432.100 1.=.600 INibll/ia+ta ' - (VM awn cut) tb200 M300 l0.�00 1M.t00 11109 - al 0 �0 i.100 Mein mial (00di m wdtal 2.000 2000 loom #0=0 ox it" i Boma Aw« Na►.) meow 210,000 0 600.000 s PAB 2/3/88% .I- Item Pib Page 1 02 "'/ e"N '"1. 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 "Master" Development Order will be effective through the year 2007 and contains all of the conditions considered by the SFRPC to be necessary to satisfy the following elements of any DRI review: water quality, wetlands, flood prone areas, vegetation, wildlife, historical and archeological sites, energy, education, recreation and open space, and housing. The "Increment I" Development Order addresses the remaining elements of the DRI review (primarily air quality and transportation), approves a specified quantity of new development, and will only be in effect thru the year 1992 (may be extended up to 5 additional years). Subsequent incremental applications will need to be filed if the City elects to continue the downtown -wide DRI process beyond Increment I. RECOMMENDATIONS PLANNING DEPT. Approval. PLANNING ADVISORY BOARD Approval, by a vote of 8 to 0 on February 3, 1988, after the Planning Department had added "General Commercial" to the table on the first page of the Development order. PAB 2/3/88 Item #1b Page 2 a ?OWN --N • EX1Me1'� � 19; 90 SOUTHEAST OVERTOWN / PARK WliT - OIII 0 DOWNTOWN MIAMI - DRI BOUNDARY MAP 98-111• SOUTHEAST OVERTOWN i PARK WEST - DW Din _` CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM •' Planning Advisory Board :ROM Eng #S Department DATE: January 13, 1988 nL[: SUBJEc- "Increment I" Development Order for Southeast Overtown/ A[RERENCEf: Park %at DRI ENCLosuREs: It is recommended that the Planning Advisory Board recommend the attached resolution approving the "Increment I" Development Order (DO) for the Southeast Overtown/Park Wat Community Redevelopment- area, Development of Regional Impact (DRI). This includes the portion of the redevelopment area bounded by I-3959 I-95, N Sth Street and Biscayne Boulevard. The Southern portion of the Community Redevelopment Area was included within the Downtown Development Order. The City of Miami has undertaken a Development of Regional 1i- Impact for the project area pursuant to S. 380.06(22)9 F.S. The City of Miami, acting as a Downtown Development Authority has received approval for its application for Development Approval at the January 4, 1968, meeting of the South Florida Regional Planning Council. The Development Order (DO) included actions recommended by the South Florida Regional Planning Council to mitigate the adverse impact of this project. Proposed development of the project will be phased. The development through the year 2007 includes: Office Phase (Sq. 1(1988-1994) 1669000 I I(1994-1999) 2059000 PROPOSED DEVELOPMENT BY PHASE Retail/Service (Sq. ft•) 66,200 379300 III(4999-2007) 632, 50000 90,600 Conven- Hotel Residential tion . (Rooms) (Dwelling Units) (Sq. Ft.). 29000 290,000 S00 2, 000 3109000 600 5,000 TOTAL 190059500 1949100 1,100 99000 6009000 Together with its companion item, the "Increment I" DO, this '.aster" DO for Southeast Overtown/Park Hest Community Redevelopment area will: a. Fulfill the City's final obligation under the Bayside Predevelopment Agreement with the Florida Department of Community Affairs (DCA), Wherein the City would be prevented from using the new Bayfront Paris amphitheater beginning siz months after completion of the amphitheater, Page 1 of 5 Planning Advisory Board January 13, 1988 unless a DO for the entire downtown is adopted; (Including the Park West portion of the Southeast Overtown/Park West DRI). b. Provide the City with full control over approvals of large scale development in the Southeast Overtown/Park West Community Redevelopment area by eliminating individual MI reviews by the South Florida Regional Planning Council (S FRPC), and by usurping the potential granted to Dade County under F.S. 380.065 (1985) to assume responsibility for MI reviews on behalf of the S FRPC. c. Encourage development within the Southeast Overtown/Park West Community Redevelopment area by simplifying and shortening the development approval process for large scale projects. _ d. Affect small scale new development as well as larger scale developments greater than the DRI thresholds. _ e. Obligate the City to fulfill numerous conditions* including adopting ordinances, providing information to developers, conducting air quality studies, and other coordinating and reporting functions. f. Create for the City the same monitoring and enforcement responsibilities that it assumes with all individual DRI projects. S. Permit development in the Southeast Overtown/Park West Redevelopment area having the following positive economic impacts: * U0 to 1,206 permanent new jobs would be generated within the project area. These jobs in turn generate an. additional 1,741 positions for a total increase of 21,947 new jobs in the three South Florida counties. This increase corresponds to a $60.5 million dollar increase in total wages and $148.8 million in value added to the regional economy. * A net positive regional fiscal impact of $7.2 million would be created by the project. h. Create 9,000 new residential units with the majority of the housing being affordable to moderate income residents. _ The "Increment I" DO differs from the "Master" DO in that the "Increment I" DO addresses the elements of DRI review considered by the S FRPC to require an updated analysis approximately every 5 years. Thus, the "Increment I" DO contains conditions of development approval concerning the two issues with potential to constrain the future growth of Southeast Overtown/Park West Community Redevelopment area: transportation and air quality. The "Increment I" DO contains a completion date of December 31, 1993, but may be extended by the City Commission up to an additional 5 years without triggering a Page 2 of 5 _ R8-111• � F_ i-\ Planning Advisory Board January 13, 1988 substantial deviation. Before Increment I development is completed, it is intended that the City Will file an Increment II application including an updated transportation and air quality analysis; however, the City Commission may elect to discontinue its role as sponsor of ' an area -wide DRI after the City's obligations from the Increment I DO have been fulfilled. In contrast, the "Master" DO Will be effective until at least the year 2007, and contains conditions of development approval concerning other infrastructure and environmental issues that do not require incremental analysis. (Applications for approval of subsequent increments of development under the Master DO Will be required to also include updated information on the project description, employment and economic characteristics, wastewater treatment, water supply, solid waste disposal, health care facilities, police service and fire protection service; however, grounds for denial of any subsequent incremental applications will be limited to air quality and transportation issues.) The "Increment I" DO allows the City to issue Certificates of Occupancy for the maximum amount of new development listed below as "Total Allowable Development." There is some flexibility to increase Total Allowable �Development (up to 10Z) and to trade off certain land uses between one another, subject to the substantial deviation section of F.S.380.06. Total Allowable Development: Of f ice Retail/Service Residential Convention 166,000 gross square feet 66,200 gross square feet 2,000 dwelling units 290,000 gross square feet It is intended that the City will have the flexibility'to permit individual development projects to be located anywhere within the boundaries of the Southeast Overtown/Park West Community Redevelopment area Mt. subject to local land development regulations. In addition to enforcing the existing comprehensive plan and zoning regulations; however, the City may need to restrict the location or sire of certain projects in order to preserve the minimum standards for traffic and air quality" imposed by state law. Such determinations would be made on a case by case basis using the small area traffic impact studies currently required to be submitted with Major Use Special Permit applications under Zoning Ordinance 9500. The "Increment I" DO will have no effect on projects that already have building permits or their own MI development order. In addition, individual development projects may "opt out" of this DO in the future by obtaining their own separate MI development order. The specialized conditions of approval for the "Increment I" D09 found in paragraphs 2 through 11 on pp. 7-11 of that DO (Exhibit "A"), can be summarized as follows: Page 3 of 5 1- 1 I J Planning Advisory Board January 13, 1988 a. Air Qaality (Ramgrapha2-5): Background: New development will generate additional vehicular traffic which will increase carbon monoxide (CO) emissions and hydrocarbon emissions which are precursors for ozone formation. Dade County is currently classified by the federal Environmental Protection Agency (EPA) as a non attainment area for ozone and was, in the recent past, a non -attainment area for CO. An existing CO monitor, located at 101 E. Flagler Street and operated by Dade County, recorded violations of the federal and state standards for CO concentrations between the years 1980 and 19849 and have been recording concentrations slightly below the violation threshold since 1984. Recommendation: The City will be required to conduct carbon monoxide (CO) monitoring in the project area to supplement data from the existing monitor on Hagler Street and monitors proposed for the Omni and Brickell area. Bated upon the monitoring data, the City is likely to subsequently be required to conduct CO modeling at the 5 Intersections projected in the'traffLe study to operate at poor levels of service (LOS E or F). The monitoring and modeling must be completed by 1992 and is projected to cost approximately $251,000 in consultant fees, which is expected to be funded from a proposed special fee assessment ordinance to be applicable to each new development seeking permits under this DO. Depending upon the results of the CO modeling exercise, either the City or the individual developers seeking project approval may need to implement appropriate corrective measures, Including such things as roadway improvements, parking limitations, ridesharing inducements, and transit enhancements. It is recommended that the special fee assessment ordinance for the Southeast Overtown/Park West Community Redevelopment area MI include a small fee for air quality.induced transportation improvement needs, which would be rebated to developers if°not heeded for that purpose. If 00 levels are predicted to violate the state and federal minimum standard and suitable corrective measures cannot be agreed upon, the City would be required by the DO to stop issuing permits for new developments in the subject area. b. Zraaaportatios (parasraplu 6-10): Background: State law prohibits local governments from issuing MI development orders unless it can be shown that the .necessary public infrastructure will be available coincident with the impacts of the new development. The Project area is fortunate to have most of its infrastructure already in place, including a bus and rail transit system; however, the State law mandates minimum "Level of Service" standards for all major roadways that will be problematic to maintain in the downtown area as growth continues beyond Increment I of this We Approval of the Increment I growth is possible because the S FRPC, Dade County, and the Florida Department of Transportation all agreed to designate Downtown Miami as a 'Special Transportation Area," thereby approving a lower Level of Service standard than is otherwise applied statewide. Page 4 of 5 R8-111 .7 Planning Advisory Board January 13, 1988 Recovoendation: The City would be obligated to spend at least $280,000 (fair share in 1987 dollars) for the completion of the construction of the four —lane widening of Northwest lot Avenue from Northwest 2nd to loth Streets. This improvement is proposed to be funded by GO Housing Bond Funds and be completed in 1989. Construction is currently underway between Northwest 5th and loth streets. c. Dovosoni— I (paragraph 10: Background: F.S. 380.06 prohibits local government from downzoning any land which has a valid development order. Recomaendation: This DO will not be. considered to be binding on any - individual parcel of land unless development permits have been issued on that parcel. Thus the City would retain whatever authority it currently has to downzone land, up until the time that it approves a specific development on that land or until December 31, 1992, whichever cones first. SR/HS/ar Page 5 of 5 0 CITY OP KAW FLORIDA INTER -OFFICE MEMORANDUM Matty 'Rlrii . r]City Clerk Joel F,. Maxw 11 Assistant City Attorney '°'E June 13, 1988 Stipulations of Agreement in Downtown DRI and Southeast Overtown/Park West RE Vi r-1%-.E5 DRI Appeals Resolutions 87-1148, 87-1149, 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 Community Affairs vs. the City of Miami, case No. - this is the Agreement settling the Overtown/Park Hest DRI Appeal. _It should be filed, and copies cross-referenced, with the following City Commission Resolutions: 1. 88-110 (approved Master Development Order), 2. 88-111 (approved Increment I), 3. 88-456 (approved Settlement); b. Department of Community Affairs vs. City of Miami and City of Miami Downtown Development Authority, Case No. - Th s 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. Natty Hirai City Clerk JEM/db/P570 June 13, 1988 Page 2 cc: Jorge L. Fernandez, City Attorney (w/o attach.) John J. Copelan, Jr., Deputy City Attorney (w/o attach.) Sergio Rodriguez, Assistant City Manager (w/attach.) Herbert J. Bailey, Assistant City Manager (w/attach.) Matthew Schwartz, Deputy Director, Dept. of Development (w/attach.) Joseph J. McManus, Assistant Director Planning Department (w/attach.) Peter Andolina, Deputy Director, Downtown Development Authority (w/attach) Joyce Meyers, Planning Department (w/attach.) Robert Sechen, Esquire (w/attach.) Oft STATE OF FLORIDA LAND AND WATER ADJUDICATORY COMMISSION DEPARTMENT OF COMMUNITY ) AFFAIRS Petitioner, ) ;� VS. ) CASE NO. #88-12•, THE CITY OF MIAMI ) Respondent ) 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 00%' 0' 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 = Recommendations of the South and each element required to F.S. (1987); and considered the ADA, the Report and Florida Regional Planning Council, be considered by Section 380.06, 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 CITYPs 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 "8", attached hereto and made a part hereof. 3. The term Total Allowable Development need not include redevelopment or rehabilitation and reuse of existing structures on individual parcels, as represented in the 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 Or` 6 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 attorneys 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 10 Approved as td form and legal sufficiency Lucia A6 Doughe y, City Attorney, City of Ki"i CITY OF MIA �/ By: "f Cesar Attested (S •Odior,gity roc -.4r-e- Mat y Hira City Clerk The forego instrument was acknowledge befo a this � day o , by 0 d • Notary Public, State of Florida Nola Public State of t"'. My commission expire intro Ems- Ins. Un, STATE OF FLORIDA COUNTY OF Approved as to form and legal Su 'ciency: Attorney, DqtKFtment of Community ArTairs n WITNESS: in I �w a IIIF/�L2 STATE OF FLORIDA COUNTY OF LEON DEPARTMENT OF COMMUNITY AFFAIRS By • J/,_ 2740 Centerview Drive Tallahassee, Florida 32399 The foregoing instruprZAas c) �owledaau& a me is day of , by , of the Departme of Community Affairs, an agency of the state of Florida, on behalf of the Department. LZ �4 otary Public, State of Florida My commission expires: Notary Pdk State of ncA -• w Awo Lob Im f MA . - .►(: EXHIBIT "B" MASTER 00 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 1 east 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 I 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 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; ner 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 He 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. Appl i cabi 1 i ty: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; or where existing drainage facilities are adequate to retain stormwater within the site. 5. Require Net New Development to comply with Dade County hazardous waste requirements by the adoption and implementation of a uniform ordinance, as may be found by the City to be applicable and necessary, providing for hazardous materials accident prevention, mitigation, and response standards, as described in a. through h. below. These standards shall be maintained by individual developers who shall require by lease agreement or building 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 b 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 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 Sc. below. Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. c. Require that any area used for loading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. d. Require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and provide Dade County DERM copies of the following forms of documentation or proper hazardous waste management practices - a hazardous waste manifest; - a shipment to a permitted hazardous waste management facility; or - a confirmation of receipt of materials from a recycler or a waste exchange operation. Page 4 of 10 0 /004A S Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. e. Prohibit generation of hazardous effluents, 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 tOON S • 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.) A11 development, other than (b.). Page 6 of 10 DO Exceptions for Police Department recommendations for excavations or deposit of fill. 9. Collaborate with the Dade County School Board, by providing planning information and information on Net New Development of residential units, to address concerns regarding the availability and access to schools for students from future residential development within the project area. Applicability: (a.) All residential development. 10. Encourage the incorporation of energy conservation measures into the design and operation of Net New Development by requiring that, at a minimum, all Net New Development shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). Applicability: (a.) All development, except as excluded within the State Energy Code. 15. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that wastewater treatment capacity will be sufficient to meet the needs of that development. Applicability: (a.) All development that requires an increase in gallonage of wastewater. 16. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that an adequate water supply will be available to meet the needs of that development. Applicability: (a.) All development that requires an increase in gallonage of water. Page 7 of 10 17. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that solid waste disposal capacity will be sufficient to meet the needs of that development. Applicability: (a.) All development that requires an increase in volume of solid waste. INCREIENT 100 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 violationt or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet where such new structures or additions are projected to generate a net increase of 5 or less peak hour motor vehicle trips; excavation; demolition; deposit of fill; or redevelopment where redevelopment Page 8 of 10 redevelopment means any new construction that replaces, with an equal or lesser amount of square footage, an existing structure that had a valid certificate of occupancy on the effective date of the Increment I Development Order. 9. Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a* actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and ce 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 r (c.) The MI ordinance will be presented to the South Florida Regional Planning Council prior to adoption, and the applicability will be addressed at that time. Page 10 of 10 �u T1 ^ DOCUP'[EW ON FILE AND INCORPORATED BY REFERENCE DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR SOUTHEAST OVERTOWN/PARK WEST - INCREMENT I Located in the City of Miami 73.09 IDA REGIONAL PLANNING COUNCIL January, 1988 88-ili' south flodda regional p1&Nnqcounc11 �TTT9 ... .. CITY C;, �ii i - 1. January S, 1988 The Honorable lavier Suarez Mayor, City of Miami 35M Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The South Florida Regional Planning Council has officially adopted the enclosed Regional Impact reports for the Southeast Overtovn/Park Vest, Master and Southeast Overtovn/Park Vesto Increment I Developments of Regional Impact and forwarded copies to the Florida Department of Community Affairs and the South Florida Vater Management District. These reports are provided for your use in reviewing the Developments of Regional Impact pursuant to Section 380.06, Florida Statutes. Vhile the staff of the Council is available to assist in the resolution of any natter regarding these reportsp the Council has no legal mechanism through vhich it can act on these reports againt except through appeal Procedures. Recent changes to Section 380.06, Florida Statutes, and Rule 9J-2.25, Florida Administrative Codep are nov effective and require changes to and set criteria for local government Development Orders. For examples 380.06(15)6(e)t F.S., nov requires that: "local government shall not approve a development of regional impact that does not make adequate provision for public facilities needed to accommodate the impacts of the proposed developmento unless the local government includes in the development order a commitment by the local government to provide these facilities consistent with development schedule approved in the development order...• Please review then and other Council recom u ndatioas. Section 3B0.069 F.S.(1985)9 and Rule 9J•2.25, F.A.C., carefully prior to issuance of the Southeast Overtovo/Park Vest, Master and Southeast Overtovu:/Park vest, Increment I Development Orders. A8-11.1 r . -6 ,"...- r. The Hob. Zavi Wso"" Page Z JanUU7 S, 1988 Copies of any development orders issued with regard to these projects must be transmitted to the South Florida Regional planning Council and the llorida Department of Community Affairs, which have 45 days thereafter to make an appeal decision based on whether the City's development orders are consistent with the Council's report and recommendations and other requirements of the law. If we cam be of further assistance, please call. . ;J; rely�/l . � S. Jack Osterholt 8xecutive Director SJO/mk Enclosures ccs See attached list Jr . 88-IL11 TABLE OF CONTENT'S LIST OF FIGURES....................................................... i LIST OF TABLES It LIST}O�FZZIBITS...................................................... !ii INTRODUCTIONo.........................•...,...,.......,..............• 1 PART I. PROJECT DESCRIPTION ........................................ 2 A. APPLICANT INFORMATION.o...00..o........................ 2 B. PROJECT INFORMATION..o.o.......o,..o..o.......,,...o.., 2 PART II. PROJECT IMPACTS AND ISSUES ... ............ ..... 7 ......00.o... A. ENVIRONMENT AND NATURAL RESOURCES ................o..... 7 Be ECONOMY.............o.................................o 9 Co PUBLIC FACILITIES..o......,.00.....o,...,.....00..o..., 13 D. TRANSPORTATION.o....o..............................o... 16 PART III. COMMENTS FROM AT= REVIEVING AGENCIES ...... ...... 28 o........ PART IV. SUMMARY AND RECOMMENDATIONS 33 88--111 a 0 LIST OF FIGURES Figure No. Title 1 Project Location ...........• ..............................• 4 2 Master Development Plan .................................... 6 .3 Traffic Impact Area ........................................ 17 f �38-iii LIST OF TABLES Table No. Title Page 1 Existing Development ....................................... 5 2 Increment I Proposed Development ........................... 5 3' Construction Costs ......................................... 9 4 Permanent Employment ....................................... 10 5 Permanent Employment Impacts • .............................. 11 6 Fiscal Impacts ............................................. 12 7 Vater, Vastewatery and Solid Vaste ......................... 13 8 Police, Fire, and Emergency Medical Services ............... 14 9 Proposed Rental Housing Units .............................. 1.5 10 Affordability: Lov/Moderate Income Families ............... . 15 11 Existing Traffic Conditions - Segments Operating at or Below LOS "E"........................................ 19 12 Committed Transportation Improvements ...................... 20 13 Constrained Roadways ....................................... 24 14 On -Site Improvements Needed to Accommodate Project and Other Traffic Impacts .................................. 27 ii 88-111. ■ G� 0 UST of BIHIBITS Rxhibit No. Title 1 Master Development Plan ................................... Z Metromover - Stage II Improvements ........................ 3 Annual Status Report Form ................................. P 49 So 51 1 INTRODUCTION This assessment of the proposed Southeast Overtovn/Park Vest - Increment I development has been prepared by the South Florida Regional Planning Council, as required by the Florida Environmental Land and Water Management Act for all Developments of Regional Impact. The assessment is based on information supplied by the Applicant, Dade County and the City of Miami staff, official plans, consultants, and field inspection. Additional research relative to specific issues vas conducted by Council staff vhere needed. In accordance with the Act, this assessment provides an overviev of the positive and negative impacts likely to result from the proposal.• The recommendations are intended to assist the City Commission in reaching a decision on the proposed development through consideration of regional, In addition to local, impacts and issues. Copies of any "development order" (an order granting, denying, or granting vith conditions an application for a development permit) issued vith regard to this project must be transmitted to the South Florida Regional Planning Council and the Florida Department of Community Affairs. A8-111 i r. 77, PART I - PROJECT DIPTION A. APPLICANT INFORMATION Project Name: Southeast Overtovn/Park Vest - Increment I Applicant: The City of Mimi P. 0. Boa 330708 Miami, FL 33233-0708 Date of Acceptance of Applications November 189 1987 Date of Receipt of Local Public Hearing Notice: December 119 1987 Deadline for Council Action: January 309 1988 Date of Local Public Hearing: February 119 1988 Type of Development: Mixed -use Location of'Development: City of Miami B. PROJRCT INFORMATION The City of Miami has undertaken a Development of Regional Impact for a portion of the City pursuant to s. 380.06(22)9 F.S. The City of Mimi, acting as a Dovntovn Development Authority pursuant to s. 380.031(5) as the Applicant, has proposed to have the Southeast Overtovn/Park Vest DRI be reviewed as a Master/Incremental development pursuant to s. 380.06(21), F.S., and Rule 9J-2.28, F.A.C., vhich states the folloving: If a proposed development is planned for development over an extended period of time, the developer may file an application for master development approval of the project and agree to present subsequent increments of the development for preconstruction reviev. 2 R8-111 h It is further stipulated in s. 380.06(21), F.S., that the Development Order for a Master ADA shall specify the information vhich must be submitted vith an Incremental ADA and shall specify those issues vhieh can result in the denial of an Incremental ADA. The recommendations contained in this impact assessment report deal with only those issues vhich were defined for preconstruction reviev for incremental ADAs in the Southeast Overtovn/Park Vest - Master Impact Assessment Report. Those issues to be part of the Southeast Overtovn/Park Vest - Increment I Development Order will be discussed In the body of this report. Other issues vhich cover the entire Southeast Overtovn/Park Vest development, including Increment I, have been discussed in the Southeast Overtovn/Park Vest - Master Assessment Report. The Southeast Overtovn/Park Vest development is proposed for a 209-acre site bounded approximately by I-395 on the north, NE and NV 5th Street on the south, Biscayne Boulevard on the east, and I-95 on the vest (Figure 1). 3 RB--111 El SOUTH FLORDA REGIONAL PLANNN COUNCIL so of GT CORAL WAY LINO AVE GRAND AVE t POINCIANA AVE MARDEC AVE source: ADA • RICKENeACKEN CAUSEWAY 9 PROJECT LOCATION NONTII SAY CAUSEWAY W .� VENETIAN CAvsEWAY V/ �A m yINGINIA KEY Mil• SCALE FIGURE 1 . l98-111 t The project area currently contains development as shown in Table I. TAILS i =STIRG DEVELOPMENT Varehousing, Vacant Industrial, and Office Office Retail Light Manufacturing Residential Hotel tsarsa t.._:Ft.1 LSo.Ft..J rsa.Pt.1(M) (Rooms) 262,734 2339726 1939250 69399" 19185 281 SOURCE: ADA For additional development vithin the study area, the analysis has been broken.into three phases spanning the period 1986-2005. Increment I development consists of the first phase proposed for construction during the period 1986-1992. The amount of development proposed for Increment I is shown in Table 2. The Master Development Plan is shown as Figure 2. Offf (SQ. Ft. 166,OOD TAW 2 FtiOP06 D 11.9111,08M ReadYsetvice (sa. Ft.) 66,2DD Residential (DA121re lints) 2,OOD 5 Oae Mtian (SQ. Ft. 29D,OOD 98-111 z J i ,� PAltlL1/C!'F71 SPACE � Li::ad MODERATE DELISITI RESIDENTIAL Ilrsmvl IOMAc • • • . • © ODEMTE DENSITI NRESIDENTIAL-I IGIlOR COMIERem S>�s� USE oE Sm RESIDE71tIA1�-MEiCHMMNlORi1D0D Oa►l1fJICIAt. " MERAn/am DE1 m RESIDEMrtIAL-COMRMITT CO 90 AL ,a HMEMTfJf= DDNS CD*IXTTI COM MAL �•• �"M Kam CEMTML BUSINESS DIMICT TRANYWATICM noONERRMWAL ' i� MASTER (ELOPME PLAN SOURCE:ADA III//��2�i 1 I I I I I I I I III fle-�ll t 0 0 PART II • PROJECT IMPACTS AND ISSUES A. ENVIRONMENT AND NATURAL RESOURCES 1. Summary Impacts of the proposed development on the environment and natural resources vere addressed in the Southeast Overtovn/Park Vest - Master Impact Assessment Report. The exception to this Is air quality impacts vhich are addressed below. 2. Air Quality The Applicant has submitted an air quality study for the Southeast Dvertovn/Park Vest Areavide Development of Regional Impact. The Florida Department of•Environmental Regulation (FDER), Dade County Department of Environmental Resources Management (DERM), and Council staff have evaluated the study. The study contains sufficient documentation of past and current air quality data obtained through 1987. Data is currently obtained from an existing air quality monitoring site operated by DERM as part of a County -vide carbon monoxide (CO) monitoring netvork. Air quality monitoring is presently being Implemented in the surrounding area as stated in the Dovntovn Miami Areavide Development Order vhich requires three monitoring sites, one for each sub -area (CBD, Onni, 8rickell). 7 i38-111 OWN z ZA The existing monitor operated by DERM, which is located in the Central Business District, has recorded exceedences of the U.S. Environmental Protection Agency (EPA) standards for CO in the years 1983.85. Since 1986, one exceedence of the EPA standards for CD has been recorded in bade County. The reduction of CD concentrations has been attributed to the Federal Motor Vehicle Control Program. Rovever, if acceptable air quality standards are again exceeded, then the EPA may designate Dade and Brovard Counties as non -attainment areas for carbon monoxide. In the event that this designation occurs, the Counties vould be required to develop plans to reduce carbon monoxide to acceptable levels. This could involve a loss of Federal funding, constructing additional roadvay improvements in the area, and/or establishing a vehicle inspection and maintenance program to monitor vehicle emissions. Vith the possibility of air quality violations associated vith areavide developsent, coupled vith the potential cost to the Region, it is recommended that the Applicant implement an air quality monitoring and abatement program. In addition, it is recommended that the Applicant conduct an air quality modeling study to determine vhat, if any, changes are needed in the monitoring network, including an assessment of the need to continue monitoring. Conditions 1 through 4 in Part IV of this report address air quality issues. 8 198--111. I 8. ECONOMY 1. Summary Impacts of the overall proposed development on the economy has been addressed in the Southeast Overtovn/Park Vest - Master Impact Assessment Report. The impacts of the Increment I proposed development on the economy are addressed below. 2. Project Costs Table 3 summarizes project costs, including construction employment. .1 � i'� MM + .� 11 clfi Zbtal P: wnt ' . Cbst Itea IrrrerBlt I in Reslan lwd s 0 100 labor 446,624 10D MILteriats 108178B 70 Intwest 13,987 70 �s•439 so 70M $174,838 am 1 lend wand by the Ctty of Mild Cmtnutlm Haploywt - 292M - COstruction Vqn - $Ut173 per aplQyae-pw _ * 1987 dalLrs SMKZt ADA 9 88-111 .-1 3. Permanent Employment Table 4 summarizes the projectf* permanent employment. TAKE 4 PMWW DMMH TP Oftbw of fthVWi Aetail Office —TqW Itrsevent I M 739 861 90J : Atli, SFRPC About 25 percent of the jobs, 215 employees, can be considered new to the Region. Table 5 summarizes the indirect and induced effects of these new employees for Increment I development. 4. Fiscal Impact Table 6 summarizes the projected fiscal impacts of Increment I on the Region using 1986 millage rates and historical average expenditure rates. 10 i .. 4w 4111. mms A. EMPLOMENT $0. FLA. PALM W MARt DADE MDNROE REGION BEACH AIRICULTUte FORESTRY, FISHING 0. 0. 0. 0. 0. AGRICULTURAL SERVICES 0. 0. 0. t. 0. MINING 0. 0. 0. 0. 0. CONSf ION 2. 3. 0. S. I AMINO 3. 9. 0. 12. 3. TRANSPORTATION AND UTILITIES 3. 16. 0. 19. 2. WHOLESALE TRADE 2. 7. 0. 9. 1. _RETAIL TRADE 23. 67. 1. 92. 12. FINANCE• INS. AND REAL ESTATE 13. 129. 0. 143. 6. SERVICES 23. 317, 1t, 341. 12. GOVERNMENT 0. 0. 0. 0. 0. TOTAL 71. 549. 3, 623. 37. Be TOTAL MANES (1000 S) AORICULTURE• FORESTRY, FISHING 2. 6. 0. a. 16. AGRICULTURAL SERVICES 4. 7. 2. 13. S. MINING 1. 1. 0. 2. 1. CONSTRUCTION 46. 66. 3. its. 26. MANUlFACTUR NW SS. 178. 1. 234. 38. TRANSPORTATION AND UTILITIES 95. 411. 6. 512. 46. WHOLESALE TRADE 38. 152. 2. 193. 23. RETAIL TRADE 275. 758. 20. 1052. 138. FINANCE, INS. AND REAL ESTATE 234. 2739. Be 3001. 124. SERVICES 389. 5661. 26. 6077. 216. • OOVERN+EWT 28. 65. 2. 94. 16. TOTAL. 1168. 10064. 69. 11301. 651. • Co VALUE OF OUTPUT 11000 3) AGRICULTURE, FORESTRY, FISHING 9. 29. 0. 37. 85. AMICULTURAL SERVICES 12. 20. 4. 36. 13. MINING 2. s. 0. a. 4. OONISTRUCTION 297. 424. 16. 738. 168. MANUFACTURING 340. 1093. S. 1438. 235. TRANSPORTATION AND UTILITIES 303. 1306. 19. 1628. 146. - WHOLESALE TRADE 77, 305. S. 386. 46. RETAIL TRADE 623. 1720. 45. 2388. 314, FINANCE, INS. AND REAL ESTATE 881. 1O3M. 30. 11293. 468. SERVICES 794. 115S0. 54. 12398. 440. GDVERNET 38. 90. 2. 130. 22. TOTAL 3376. 26024. 181. 30480. 1041. 0. VALUE AD= 00001 S) AQtICIETIRE, FORESTRY• FISHING 41, 14, 0. 1a. 42. AGRICULTURAL. SERVICES 7, 11. 3. 20. 7, MINING 1. 3. 0. S. 2. CI STIDCTION 32. 73. 3. 12a. 29. MANUFACTURING 122. 392. 20' 515. $4. TRANSPORTATION AND UTILITIES 203. 676. 12. 1010. 98. WHOLESALE TRADE 49. 193, 3. 247. 29. - RETAIL TRADE 312. OR. 22. 1196. 157. FINANCE• INS. AND REAL ESTATE 648. 7634. 22. 8304. 344. - SERVICES 535. 7779. 36. 8350. 296. _ GOVEmmm 30. 73. 2. 105. 17. TOTAL. 1963. 17913. 106. 19982. 1108. Note: NsAbars may imt total due to roundlnp. SOURCES SFRPC 11 t38-111 t � 1 E 1 y 2 a; I-Y TM 6 Fi9c1►t. n"m SOUTHWEST LWRTOWHIPARK WEST INCREMENT I 1Apa OF DEVELOPMW LOCATION MIAMt CITY DADE COUNTY wog DDA, LIBRARY SCHOOL DISTRICT TYPE OF DEYMOPMsN MIXED fpBtLE-f101� TOTAL M SINGLE-FAMILY LTt-FAMILY .TypE OF OWE1.LiN6 UNIT 2000 O 2000 0 NLpoER OF UNITS* 0.00 .13 0.00 taMM OF STUDENTS PER UNIT 1.80 0.00 t OF PERSONS PER UNIT 0.00 TOTAL H OF STUDENTS N RESIDENT POPULATION 3600. 1f sm OF EMPLOYEEs ®61. pROpERTY VALUE 1740313464. ANALYSIS CONDUMD USING AVERAGE COEFFICIENTS COUNTY SPECIAL DISTRICT SCHOOL DISTRICT TOTAL CITY f 0. • 72st67. ONE-TIME REVEMJEs • 494089. • 234078. • 0. TOTAL NEW ANNUAL EXPENDITURES • 118383e• • i'742270. • 232422. • 633106. f 3994137. . • 270370. 4 934463. f 4440972. • 136W41. • 1S66088. �l TOTAL •NEM ANNUAL REYMM9 446033. • 43436. • f013ST. • NET SLRPLUs 4 DEFICIT 1 • i74243. • 12SA16. C. PUBLIC FACILITIRS 1. Vater,yastevater, and Solid haste Table 7 summarizes the project's impact on vater, vastevater, and solid vaste. TAM& 7 VAM4 VASLDtA'iBR, AND SOLD UM Public AVwP Peek Provider of Available Facill _d Demand serldcla NEAR - Potable Dater 44OlOOD GM 98DgOOD GFD Dade camty Yes UastMter 350tOOD GPD MgOOD GPD Dade Gams ► Yes Solid Uaste 2D.3D TPD NIA Dade cotmty Yes 110.60 CfFD GPD - Gel wa per dev 'DAD - Tom per deal CYPD - Oibic Yards Per chW WA -Not applicable Ste: AM 2. Police, Fire, and Emergency Medical Services Table 8 summarizes police, fire, and emergency medical service availability. 13 , 88-111 No W TAXI 8 Sezviae Provider IMUM PMgq a Time Mae City of !luau a Miami Me@ Station 3-5 minutes 400 M6i 2nd Avene e Overtmn Nina Station 3-5 minutes 1600 W 3rd Aveeue Fire City of Mimi • Ond mire Station #2 Less than 4 1901 North Niaad Ave. minutes • W. Fire Station #1 Less than 4 I" M8 5th Street minutes Medical Doe Oaunty • .Jackson Memorial ftsp. - Services Federal Gov't. 1611 NW 12th Ave= Private Sector • Oedmrs Medical Omer - 1400 MST 12th Street e Victoria Qaspdtal - 955 W aid Sheet e Veterans �dmdtdstration - Handtol 1201 W 16th Street 5. Housing The Applicant proposes to build 29000 duelling units in the first phase of the project. The first stage of that phase has been planned and vill consist of 19035 multi -family units and 28 ovner-occupied units. The breakdovn of multi -family housing units by price range and number of bedrooms is presented in Table 9. 14 i r�r 4 - TAMM 9 1 _ _ _ _ Zbtal so $199 0 =D SM 0 _ =3 s399 14 14 $400 $499 444 444 am $W 563 543 ss43 4b�tal units 458 3 3344 0 T, sows: AM Fifteen percent of these units are set aside as affordable housing for households earning 80% or less of Dade County•s = median income. The maximum rent for these 183 units vill not exceed the affordable limits shove in Table 10 belov. TAKE 10 . U)W/MOCMM INMME FAKMIES FWdly Size Mwdwn Month]y Rent* 1 s 392 2 448 3-4 504-5w 4-5 560-50 * 4hirty percent of genes a mthly fmmily Ino = for families at Bar of Dade minty median imams as repwted by Fedezal HD as of Nmwbw, 190. as, are for the stated 90LUY sloe. SMRM- ADA 15 I Plans for stage one residential development also include 28 units of housing for purchase. All of these units are intended for purchase by low/moderate income buyers. Primary financing for these 28 units is available to qualified buyers through single-family mortgage revenue bonds and second mortgage financing through the Dade County Surtax Program. D. TRANSPORTATION 1. Bxistint Traffic The project traffic impact area consists of three components (Figure 3). The first component is the SE Overtown/Park Vest DRI study area which is generally defined as I-395 on the north, North 5th Street on the south, Biscayne Boulevard on the east and I-95 on the vest. The second component is the Dovntown Miami DRI study area which is defined as NB/Nil 17th Street on the north, SB/SV 15th Road on the south, Biscayne Bay on the east, and Metrorail, I-95, and FBC railroad on the west. The Port of Miami is also included for traffic analysis purposes because all Port traffic flows through the Dovntown street system. 16 '-I i :ram SOUTH FLORIDA PLANING COUNCIL TRAFFIC IMPACT AREA TRAFFIC IMPACT AREA S.E. OVERTOWN/PARK WEST Sowce: AOA REDEVELOPMENT AREA ZEST A. FIGURE 3 A& NOT TO SCALE 1 r � n p� •f 'k er � t i j Q The third component of the project traffic impact area is the major arterial and expressway systems serving Downtown. These regionally significant roadvays include Port Boulevard, Bricicell Avenue/Bayahore Drive, SV 3rd Avenue/Coral Vay, 99 7th and 8th Streets, Vest Flagler Street, Biscayne Boulevard and MacArthur Causevay for a distance of three miles outside the study area boundary and Interstate 95, SR 836 and OS 1 for a distance of five miles outside the study area boundary. Based on these criteria, the traffic impact area is generally defined as North 79th Street on the north, LeJeune Road (Vest 42nd Avenue) on the vest and south, and Alton Road on the east. Of the roadvay segments studied six currently operate at LOS "B" or belov. Levels of service on these roads are shown in Table 11. Twenty-tvo critical intersections are also Identified for analysis. Based on the volume to capacity (v/c) ratio analysis procedures used in this study, almost all the roadvay segments vithin the DRI study area exhibit good operating conditions. However, it is important to notice that these operating conditions are measured over a one hour period. This type of analysis is therefore not sensitive to peak 15 and 30 minutes surges which occur on the Dovntovn streets. is .c TM 11 SI M =AMC AT (It MW IDS wr llmk4bw lioediW PIM To Tiue Directim IDS Bis -,PD , Blvd. M 67id St. Ni 36th St. RI Noah F Biscayne Blvd. Ni 36th St. I-395 RI North 8 Oocal TAW Bridoell Ave. SW 15th PA. M hest 8 us 1 I-95 SW 17th Ave. R! South F u5 1 SW 17th Ave. Dmalas lid. RI South F M 2ud Ave. I-395 Flagiff St. AM South F SM -* ADA 2. Future Background Traffic Impacts a. Committed Transportation Improvements Committed transportation improvements, for the purpose of this study, are defined as 1) those having construction funds allocated for the current year in the Capital or Transportation Improvement Program, 2) projects which are currently underway, and 3) those required by a development order. For Increment I development, only those committed transportation improvements are included for the purposes of analysis (Table 12). F38-111. TAKR 12 Oise:tctnatim Oarw=tim hocatian vaoerlts ant*_ _._.Or__. 59 8th St. IN m r 01 cuctim ; 340D.00D liderw I-95 to M 1 Dmntan Mstributoc Ada INB Im 2t797900D QXWW to I-395/SR 836 vwm sntranoe =11P North 2nd St. Aeooasts moon 19775t00D 86W North 3rd St. i North 4th St. a" CM -0 Blvd. to N2 1st Ave. Part Bricpt us 1 Nov 6-ISM 279491900D 86W to Doke Island bridge SR 97VW 13th St. Drainage 228900D 86/87 S9 1st Ave. to S9 2nd Ave. St 112 Hoed aomtimUm 3,39DoODD 86W W 22td Ave. to Ng 12th Ave. I-95 ft=t- 83DsOOD KM NW 54th St. to age rood N2 62nd St. I-95 POW - /� 79YA900 /y� / mw NI 39th St. to t1014 I-95 Pali W 58th St. Oxnectoc I-95 Avenue pw ad 2494%900D 86187 S;112 to N9 49th St. I-% Video to 599900D KM S9 25th Bd. 2-lace uW N7 14th St. 4-211ae 650l00D ffiw N9 M Ave. to I-95 i TMLE 12 (omtitned) 6917th Ave. 4-Im 396O0AOD mw to 1 to MOW St. Metro n PW*ft 2vW Ram 20t662900D 86/87 Met mWe 50 bim 79875tOOD 96/87 BridwU Ave./ TUM in* i 95900D 86W S8 loth St. Si�ltze►tion DrldwU Ave./ Si,g w4mticn 70900D 86 7 — SB 12th St. Bddw-U Ave./ stswizstion 90900D 86J87 SE 14th St. Modiil► Intem w- tim SW 13th St./ 70000D- - 91 15th M / SUIPU6 Ski 3rd Ave. * 1986 dollars SOIRM AM, swc 21 �38-111 'h ifs b. Permitted Developments Permitted developments include three types of development. The first type include projects vhich are complete and less than 90 percent occupied. The second type include projects vhich are under construction, and the third type include projects vhich have received prior approvals. In addition to the Southeast Overtovn/Park Vest study vest area, the Port of Miami and Dovntovn study area have been included because all traffic from these developments have to travel on the Dovntovn Street system being analyzed. The projection of traffic volumes associated vith Permitted Developments,. as'vell as Additional Approvable Development, is based on the trip generation model equations used by Metro -Dade Transit Agency in its Transportation Plan Update. Other parameters used in the traffic projections, including vehicle occupancy and mode splits by development phase and sub -area, vere also provided by Metro -Dade Transit Agency. At the and of Increment I (1992). except for traffic from Additional Approvable Development, future traffic includes existing traffic, traffic generated by Permitted Developments, including the Port of Miami, a background grovth factor for roadvay links outside the Southeast 22 �i r k r 'r t 5 k Overtova/Park Vest study area, and traffic generated by planned development in the Southeast Overtovn/Park Vest study area. 3. Level of Service Standards The City of Mimi has proposed the designation of the Special Transportation Area bounded by NSINV 20th Street on the north, NB/SV 7th Avenue on the vest, Rickenbacker Causeway on the south, and Biscayne Bay on the east. This proposal vas approved on July 7, 1987 by the Dade County Metropolitan Planning Organization and concurred by the Florida Department of Transportation staff and the South Florida Regional Planning Council staff. The approved levels of service'{LOS) criteria within the Special Transportation Area are peak -hour LOS "D" on the interstate highway system (I-95 and I-395), LOS "S" on the state highway systev, and LOS "S" plus 20 percent of roadway links or intersections below LOS "S" for the remaining regionally significant roadways. 4. Constrained Facilities The Florida Transportation Plan recognizes that there are physical and financial limitations to the continued expansion of the State Highway System. This is particularly true in a rapidly growing urban area vhere a "threshold" is reached beyond which expansion is no longer cost-effective. This has l98--iii led to the definition of these thresholds which will be used to define "constrained facilities." This recognition allows for the redirection of funds from a specific state highway to an alternate facility (usually parallel) or mode, such as transit. Based on the knowledge of the physical, historical, and aesthetic constraints within the traffic impact area, certain roadways have been identified as "constrained facilities" (Table 13). -Roadway improvements required for constrained facilities will be termed "theoretical improvements." P4edww NOS 1-95 I-395 Brickell Avenue M 1 F9agler Street 0=1 ft S9 7*Ath Street ►ice. �• i :�� ••� � � 'w State Rwte Deswatian am N t rant SR 24 PWWXai SR 836 Rgrsical SR 836 RWSIMI SR 5 Rgrsdcal* SR 5 Physical 6 aesthetic SR 5 P421cal at 968 PkViaal SR 972 awsical i Bistwical S 90 Mstaical i Physiael * additiandl r4ftt-of-wW is mailable a1 g BisMw Baulewd betvoen W 5th Street and I-395. F ej f =Wz 24 ------------ 98-111 y- X' 5. Additional Improvements deeded to Accommodate Project Traffic Roadways which will be operating below LOS "D" for interstate systems (I-95 and I-395) and below LOS 02" for state highway systems by the end of Increment I (1992) are identified. Since all of these roadways are constrained facilities, therefore, only theoretical improvements are recommended. In addition to the state highway system, another 17 directional roadways were analyzed during the PM peak -hour, and 5 during the AM peak -hour. Of these 17 links, 3 are projected to operate below LOS "B" during the PM peak -hour. This represents 18 percent of the links and is below the established criteria. During the AM peak -hour, one link, or 20 percent of those analyzed, will operate below LOS "B". This is also within the allowable criteria. A total of 22 intersections were analyzed to determine operating conditions at the end of Increment I development. _ Among the 22 intersections, 21 intersections were subjected to PM peak -hour analysis and 7 were also analyzed for the AM peak -hour. The results of this analysis are that 1 — Intersections will operate at LOS "B" and only one is projected to operate below LOS "8". This one intersection represents only 4.5 percent of the 22 intersections analyzed and is'vell below 20 percent allowed under the LOS standards In a Special Transportation Area. 25'- 1 Each of the two intersections projected to operate at or below LOS "E" were investigated to determine if there were any geometric or operational improveamts which would improve the projected level of service. It was found that these Intersections are built to the maximum cross-section within existing physical constraint. Table 14 shows the additional "theoretical improvements," associated construction costs, and the Applicant's fair share assessment. A total of $17,404,820 (1987 dollars) in additional off -site theoretical improvements to resolve project impacts have been recommended, with the Applicant's fair share being $280,806 (1987 dollars). Pursuant to Condition 5 in Part N of this report, the Applicant shall complete the construction of -the four -lane widening of Nit 1st Avenue from NV 2nd Street to NV loth Street. The total cost of this improvement is estimated at approximately $7,655,484 (1987 dollars) which will exceed the Applicant's fair share.' 26 a 98--ill ?ABT3C 14 WF-um DEROPOM Now 70 ACL ETAS Thuntical Leaareee<be ,— Ptft S=%* 1. St 830-395: An as Lure in S 1,22D,0M S 47,016 mch dlrectiau ho Biomm Bac:lmW to I-95 Z SR 836/I-395: Add an 2m In rch 2,806,Om 219329 diractiaa &= I-95 to w Vth AyecesA 3. St 836/I-395: Add ces Lne in 1,OW= 19,S72 — eh direction ham W 27th Avers to t ala m ?toed 4. 8iscaycs Bonlrvard: Add acre lane 6249037 69178 In aach directtan fsoa AS 62ad — Straet to MB 36th Stmt S. Siscgm Bmlmvard: Add an lace 960,OOD 11,748 In aech direction has NR 36th Street to I-395 6. oxal Vq: Add as bm in wadi 20D,OOD 19953 direction ham BridcoU Avers to SW 15th Pond 7. Cxd %r. Add acre lane in owh 960,00D 7,191 direction f m SW 12th Avese to St 27th Avon 8. Bddaell Avers: Add an Lne in 960,OOD 40469 aech direction from 2 7th Stoat to Rida tedoer CctmrAW 9. is 1: Add two lame in WA 869912D 79057 direction from I-95 to Sid 17th Avers 10. US 1: Add two Lnea in oed: 2,4WtOOD 2D9784 direction ham SW 17th Averse to OMNI pad 11. I-95: Add one lane in ach 3,12b,25D 99,082 diratian ham M 79th Street to SR 112 IL I.95: Add am Lne in oedt 1,37293OD 2loW direction b m SW 8th Street to t81 13. M 1st Awa=/I-395 Qbgth Bach): 76,95D 1253D Add an Im to va dmurA a■p ad rastrips TM. S?2,867,33D S2 OM6 + is? Dollars wim AD 4 sic 2' R8-il.i i i f t t, f�: .. - — - __ _ tts r.Yl. _fir`•' PART III - COMMENTS FROM OTHER REVIEVING AGENCIES This section contains comments sent to the Council by other agencies reviewing the Southeast Overtovn/Park Vest - Increment I ORI. RB-111 '� 28 I • s. °x r � y♦ 467 Q1.6 yss-'+jR2. 1 ■ A C�i#{r of ��titxxmi SERGIO O I = July 21, 1987 Mr. Jack Osterholt Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard Hollywood, FL 33021 CESAR H. ODIO City Manager RE: Downtown Miami/DRI Dear Mr. Osterholt: Attached for your information is a copy of a resolution, adopted by the Dade County MPO, approving the designation of Downtown Miami as a Special Transportation Area. Please advise me as to what additional documentation, if any, is required to show the concurrence of FDOT, SFRPC, and the City of Miami. Sincerely, Joyd 'A. Meyers Project Manager Downtown Master Plan/DRI JAM/vh cc: Sergio Rodriguez, Director/Planning Department Peter Andolina/Downtown Development Authority Robert Sechen Joel Maxwell Kahart Pinder vh/87/081 29 n.i MNG o AM4EWf s IM bad UmWMkwa . ra" WZVMM s"M MM69 Add.w-ro w=Miter.fb r SW"M METROPOLITAN DADE COUNTY, FLORIDA ���it METPOOADE MA V METRO•DAOE CENTER �O"IcE or COW" IHp"" SUITE Wo III N.W. lei $?MEET t FWD WD '' �. r�. MIAMI. RMIOA =IMI Ei July 14, 1987 j W* Sergio Rodriguez City of Miami Planning Department 275 N.W. 2nd Street Miami, Florida 33128 ...! �i�w 0 Dear Mr. iguez: The purpose of this letter is to formally submit to the City of Mimi Resolution No. HPO 15-87 approving Miami Mp0 concurrence with the designation of Downtown Miami as a 'Special 7ranspvrtatian Area, including concurrence with the levels of highway service and area baaxlariea 'recommended by the City of Miami. The Metropolitan Planning Organization Hoard unw mmnly passed this at its meeting of July 7, 1987. �. Should you hrm any questions concerning this, please contact the HF0 Secretariat's office at 375-4507. iSS LIMCIN NO. HF0 15-87 M,;e , .t , , i WH'RM, the Interlocal Agreement creatir4l and establishing the Metropolitan Planning Or tion for the Miamii Urbanized Area requires that the Metropolitan P� Organization Governing Board provide a structure to evaluate the adequacy of the transportation plarsuing and programmdng process, and take action to entire that legal and proced:ral requir®ents are met, as mare fully described in the Prospectus for Tranportation Impsovements for the Mimi Urbanized Area (Second Edi- tion) . and - MEW. the City of Miami has requested M concurrence with the Special Area designation action as reflected in the attached espon% from the Downtown Development of Regional Impact Project Manager 9 WERM, a sub=vdttee of the Transportation Plan Technical Advisory Committee (TPTAC) has been discussing the various issues involved in the special designation action, and • .0 VOWAS. staff of the various entities involved have participated In reviews concerning the proposed designation and all concur with the recaaaendation on levels of highway service for the area and area baz4aries as detailed in the attached letter from the MI Project FAWM. WHOM. the Transportation Planning Ccx=il wishes to go on record stating concerns regarding the potential air quality impacts of the levels of highway service proposed for adoption in the downtown _ Development of Regi(ml Impact (MI) and wishes that these concerns are adequately addressed in the MI process. IOW. E. BE IT itE MVW BY 7M GWWW BOARD OF W PLAta1M CtC,QM=M RR W M= UBBANL?t.Z1 AM: Section 2. That the IMPO Board approves cares rence with the ircludes�de � area baaeLof irteeca�nMIwI as ded the Ci}�o��. Area" to by t9 Section 2. That this eonamence includes endorsement of the l,ev+els of service recommended by the City of Miami provided that the final and approved DRI document includes appropriate and timely air quality impacts mieigation measures. Section 3. 7hat not withstanding the stated caxzrrence with the proposed levels of h4ftOY service, which include level of service D on REM:74: jm 31 88--111. r s the Interstate p3gway X tam# every effort should be made to :tarive for level of service Can interstate highway segments affected by thin We The foregpbg resolution mts offered by Caemissiaw Clara Oesterle %► mooed its adoptiron. 7h a antim leas seconded by Cmed sioner Beverly Phillips and upon berg put to a vote, the vote leas as follows: Camdssioner Barbara M. Caret - present Cmdssioner Clara Oesterle - present Caemdssiam Beverly Phillips Caadssimw James Redford - present - Ruvin B�D.. present present C=ul si ner Scirebe r -Absent Cmudssiow Jorge E. Valdes - present Coamiasioner Shermse i�l3tst - present Mayor Stephen P. Clark - present -the ChaiTim thereon declared the resolution duly passed and adopted this 7th day of July 1987. .(ja MPO 'RESM:74: ul 32 8—ii1 Mk 40 PART IV - SUKKART AND RBCOMNBNDATIONS Summary The Development of Regional Impact assessment for Southeast Overtovn/Park Vest - Increment I indicates that the project would have the folloving positive regional impacts: e Up to 215 permanent nev jobs would be directly generated vithin the project area. Nearly 623 additional full-time jobs could be Indirectly generated in the three South Florida counties, vith an $11.3 million increase in total vages and nearly $20 million in value added to the regional economy. o A net positive fiscal impact of nearly $447,000 vould be created by the project. Council evaluation indicates that the proposed development should not Is create adverse regional impact on soils, animal life, or vegetation. However, in terms of adverse regional impact, the project would: e Increase potable vattr demand by an average of 440,000 gallons per day. e Potentially increase the amount and number of hazardous materials used on -site and the hazardous vastes (a vaste that is ignitable, W, 88-111 corrosive, reactive, or toxic) generated, thereby possibly posing a threat to the Region's sole -source drinking water supply. • The project's proposed stormvater management system will increase the quantity of pollutants entering the Biscayne Aquifer. • Generate an average of 20.3 tons, or 110.6 cubic yards of solid waste per day. • Generate an average of 350,000 gallons of wastewater per day. • Place additional unfunded demands upon police, emergency rescue, and fire services, although the public agencies responsible for providing these services have indicated that they will serve the project. • Generate over 486 PH peak -hour vehicle trips on the regional roadway network and, along with other development traffic, reduce levels of service below "D" on many segments of the regional roadway network, which, without corrective action, would produce a significant adverse s regional impact. Recommendations Based on consideration of the above specified positive and negative impacts, it is the recommendation of the Council to the Miami City Commission that the Application for Development Approval for Southeast Overtovn/Park Vest - Increment I be APPROVED subject to incorporation of 34 NS-111 ow 4W the following conditions into the Development Order to increase the probability of realising positive regional impacts and to mitigate, reduce, or eliminate adverse regional impacts. THE CITY SHALL: 1. For the purpose of baseline data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. Provide CO monitoring data for the Southeast Overtovn/Park Vest development area as shown in Exhibit 1 herein. b. The monitoring shall consist of four (4j weeks of data collection during the winter months, November 15 through March 15. c. The monitoring shall be completed prior to the issuance of any certificate of occupancy vithin the area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., or by March 15, 19919 whichever occurs sooner. 35 R8_1I I R� _ ^1N. . ON== i d. The monitor vill be located at the vorst case intersection for the development area. The location vill be selected jointly by the City, Florida Department of Rnvironmental Regulation (FDRR), Dade County Rnvironmental Resources Management (DRRM), and Council staff. e. Perform the monitoring as required by la. and 1b. above as prescribed by the policies and regulations governing DRRM and submit final air quality monitoring reports to FDRR, DRRM, and Council staff vithin 60 days of the completion of the monitoring. 2. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed vithin one year after the base -line data monitoring has been completed pursuant to Condition 1 above. The air quality modeling shall follov FDRR guidelines and shall: a. Be limited to no more than five (5) intersections to be selected from among the intersections projected in the AU to operate at level of service "R" or "F". The intersections shall be selected jointly by FDRR, DIM, Council staff, and the City. ... 36 i 88--111. . In b. Be submitted in a detailed and comprehensive air quality analysis to FDSR and DBRM for comment and review, and to Council staff and the City for review and approval. c. The report submitted pursuant to 2b. above is to include proposed changes to any air quality monitoring as justified by the air quality modeling analysis. 3. If the results of the air quality modeling study, as described in Condition 2 above, are 85 percent or more of the State standards for CO concentrations, an air quality monitoring and abatement program will be implemented by the City following the approval of the report pursuant to Condition 2b. above. The monitoring and abatement program, including a timeframe for implementation, must be approved by Council staff and the City subsequent to review and comment by the FDBR and DSRM. The program may include, but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). c. The continuance of monitoring for specified areas. M 37 138-iiJ. 4. If the results of the air quality modeling study, as described in Condition 2 above, exceeds State standards for CO concentrations, do one of the follovingt 5. i I a. Withhold the issuance of any building permits for new construction within the project area. b. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that a particular development seeking approval does not contribute CO additions, or that any potential CO additions have been mitigated (according to Council staff and the City subsequent to review and comment by FDBR and DBRN) prior to the issuance of building permits for the particular development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 3a., b., and c., above. This documentaton must be approved by Council staff and the City subsequent to review and comment by FDBR and DBRM. Before the earlier date of a. or be specified below: a. four years after the effective date of the Development Order, or 38 88-111 t at t � 1 Se-R19�iitiay' 3i���'.r '•4 r 4N b. the date of issuance of certificates of occupancy for more than 19600 residential units, complete the construction of four -lane widening of NV 1st Avenue from NV 2nd Street to N9 loth Street. 6. Make efforts to work closely with applicable governmental agencies to ensure that the Metromover Stage II improvements identified in Exhibit 2 herein be completed by June 30, 1992, as identified in the current Metropolitan Planning Organization's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 19929 the Metromover Stage II improvements Identified in Exhibit 2 herein have not been substantially under construction as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of proposed development to the existing transportation network. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to s. 380.06(19)(a)(g) and (h), F.S. (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of its need. 7. Integrate all original and supplemental ADA information into a consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City of 39 ILI 88-111 1 Gk-Ll Miami and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of the Development Order. The CADA shall be prepared as follovat a. Vhere new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of the DO, whether in response to a formal statement of Information needed or othervise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating w the date of the revision. 8. Prepare an annual report in accordance with the requirements specified in Condition 17 herein and submit copies to the Council, Dade County, and the Florida Department of Community Affairs on or before each anniversary date of the Development Order. The annual report for the Southeast Overtovn/Park Hest - Increment I rust also be incorporated into the annual report required in the Southeast Overtovu/Park hest - Master Development Order so that a single annual report is compiled for the entire project. 40 �38-111 1 9. Vithhold the issuance of any building permits if the City has been determined to be in non-compliance with Condition 5 herein. 10. Not repeal, nor amend in any vay, any other currently effective development order or building permit vithin the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, vith respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Nothvithstanding this paragraph, the City shall continue to have whatever authority pursuant to lav it may nov have or may acquire in the future 11. Establish compliance dates, including a deadline for commencing physical development and for compliance vith conditions of approval or phasing requirements, and include a termination date that reasonably reflects the time required to complete the development. For the purposes of this paragraph, the commencement of development has already began by virtue of the Preliminary Development Agreement entered into betveen the Applicant and the Florida Department of Community Affairs. The termination date for completing development shall be December 31, 1992 provided that the City complies vith Condition 20 herein. The termination date may only be modified in accordance with s. 380.06(19)(c), Florida Statutes, 1985. 41 R8-111 i { s e { l+ 1 > 12. Identify in the DRI Development Order any approved development, Including the acreage attributable to each approved land use, open space, areas for preservation, and green belts; and the structures and/or improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and other major characteristics or components of the development. 13. Establish the effective date of the Development Order as 45 days from transmittal of the Southeast Overtovn/Park Vest • Increment I Development Order to the Florida Department of Community Affairs and Council; provided, hovever, that if the Development Order (DO) Is appealed, the effective date of the DO will not start until the day after all appeals have been vithdravn or resolved pursuant to s. 380.07(2), Florida Statutes. 14. Meet the folloving State criteria for issuance of a DRI Development Order: a. The DRI Development Order shall specify: • The name of the development. • The authorized agent of the developer. • The name of the developer. • A statement that: 42 P3e-1li t . i 4 1 1 ft i t i a i �t � J k • .tF� n?V �. s A1% The Application for Development Approval (ADA) is approved; or - The ADA is approved subject to conditionst specifying the conditionsp or - The ADA is deniedg specifying the reasons for denial and changes in the development proposals if any# that vould make it eligible to receive a development approval. b. Findings of fact and conclusions of law addressing whether and the extent to vhich: • The development unreasonably interferes vith the achievement of the objectives of an adopted state land development plan applicable to the area; and • The development is consistent with the local land development regulations and the adopted local comprehensive Plan; • The development vill be consistent with the recommendations of the Council DRI Assessment pursuant to s. 380.06(12)9 Florida Statutes; and • The development makes "adequate provision for the public facilities needed to accommodate the impacts of the proposed development" or the City commits in the L "1 Development Order to provide these facilities consistent with the MI development schedule. c. A legal description of the property including acreage. 15. Not violate any of the conditions of the DRI Development Order or otherwise fail to act in substantial compliance with the Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of the Development Order. In the event any entity controlled by the City or any permitter or landowner of any tract or portion of a tract violates (hereinafter "violator"), the provisions of the Development Order, stay the effectiveness of the Development Order as to the tract, or portion of the tract, in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said tract, or portion of the tract, upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts to cure the violation within that period will -obviate the need to hold a public hearing and the 44 R8-111 4N .'AO Development Order vill remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in vhich event the City vill give 15 days notice to the violator of its intention to stay the effectiveness of the Development Order and vithhold further permits, approvals, and services as to the tract, or portion of the tract, in which the violation has occurred and until the violation Is cured. For purposes of this paragraph, the word "tract" shall be defined to mean any development site for which a building permit has been requested under the terms of this Development Order vithin the area of proposed development identified Southeast Overtovn/Park Vest - Increment I Master Development Plan (Exhibit 1). In addition, the phrase "portion of a tract" means a division of a tract into more than one ovnership as created by deed or plat. 16. Designate an official to monitor compliance vith all conditions of the Development Order and specify monitoring procedures that, at a minimum, require Development Order conditions to be revieved by the City prior to issuance of any local development permit. 17. Require that an annual report be submitted to the Council, City, and DCA on each anniversary of the effective date of the Development Order, vhich report shall include, at a minimum: 45 ¢38-111 t i i 50 a. A complete response to each question in Exhibit 3. b. Identification and description of any changes in the plan of development, or in the representations contained in the ADAP or in the phasing for the reporting year and for the next year. c. A summary comparison of development activity proposed and actually conducted for the year. d. An assessment of compliance with the conditions contained in the DRI Development Order and the commitments vhich are contained in the Application for Development Approval. e. Specification of any amended DRI Application 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. f. An indication of change, if any, in local government jurisdiction for any portion of the development since issuance of the Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with s. 380.06(14) and (16), Florida Statutes. 4R8-111 _ T AMN r's11 h. A copy of any recorded notice of the adoption of the Development Order of any subsequent modification that was recorded by the Applicant pursuant to s. 380.06(15), Florida Statutes. 1. . Any other information required by the Department of Community Affairs (DCA) in accordance vith s. 360.06(18)9 Florida Statutes (1987). - The annual report for the Southeast Overtovn/Park Vest - Increment I must also be incorporated into the annual report required in the Southeast Overtovn/Park Vest - Master Development Order so that a single annual report is compiled for the entire project. 18. Incorporate the Consolidated Application for Development Approval, as revised pursuant to Condition 7, by reference into the Development Order for Southeast Overtovn/Park Vest - Increment I, as follows:: "The Consolidated Application for Development Approval is Incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutesg and local ordinances. Substantial compliance vith the representations contained in the Application for Development Approval is a condition for approval unless valved or modified by agreement among the Council and the City-" 47 �38-111 r 1 19. Incorporate the Council DRI Assessment by reference into the Development Order. 20. Require, within 30 days of the effective date of the Development Order, recordation of the Southeast Overtown/Park 'West - Increment I Development Order with the Clerk, Dade County Circuit Court, pursuant to a. 380.06(15), Florida Statutes (1986), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally; and landowners, their successors, and/or assigns, jointly or severally. 21. Attach copies of all exhibits referenced in the DRI Development Order. 22. For the purposes of these recommendations, a building permit can be defined as a permit for any construction which will result in a net Increase in development. This definition excludes renovation construction activity and reconstruction activity to replace existing development. 23. It is recommended that, pursuant to a. 380.06(16), F.S. (1986)9 the City receive a credit for any fees for services and improvements paid under this Development Order by the Applicant and/or the City against any impact fees that may be charged in the future by the Implementation of any local government impact fee ordinance for such services and improveaents. 48 Y 1 f A ti. q. t 5: a MODEUATE DDlSITt PMKS/O!'F71 Sri IIESIDORIAL ® IMIQIAt ..... MIDDEUAIE OENSIIT NSTI USSIDENTIIUWIEIGH80UH00D COMEUCIAL SVECIM tin MODEUATEMCH DEN m UESIDENTIM AUGHMM M COMMEUCIAL Df DDfflw-CDC WM CDMMENCiAL • ®Nta DdSM UESIOMAL• MDDEUATE/ = DENSITT CO M M COMMERCIAL HIGH KISM CDOAL OUSINESS DIMICI ti • � � • GENEUAL ODMNEUCIAL TRANSFWATION OOVEMMTAL It JF.l�// MASTER E /ELOPM PLAN SOURCE:ADA • `ORIDk REG ONAI PLAMM COUNCL F • JV��i f t f 3 _ 'IN EXHIBIT 3 � I STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF LAND AND WATER MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 4W4925 BLWM-07-85 Subsection 380.06(16)0 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 development order with (1) copy to each of the following: a) The regional planning agency of Jurisdiction; . b) All affected permitting agencies; c) Devision of Resource Planning and Management Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301 Please format your Annual Status Report after the format example provided below. ANNUAL STATUS REPORT Reporting Period: to Month Day Year Month Day Year Development: Name of DRI Location: , City County Developer: Name: Company Name Address: Street Location City, State, Zip Code 98'111 d OLMM-07-85 Page Two 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 is to be more than one or two sentences, attach as Exhibit 281. 4) Provide a summary comparison of development activity proposed and actually conducted for the reporting year. Example: Number of dwelling units constructed, site improve- ments, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit 'CO. 5) Have any undeveloped tracts of land in the development (other than individual single-family tots) been sold to a separate entity or developer? if so, identify tract, its size, and the buyer. Please provide maps which show the tracts involved. Tract Buyer { 52 r� •BLWM-07i-85 Page Three Note: If a response is to be more than one sentence, attach as Exhibit 1139. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional impact site subsequent to Issuance of the development order. identify such land, its size, and intended use on a site plan and map. Note: if a response is to be more than one sentence, attach as Exhibit 'E'/ 7) List any substantial local, state, and federal permits which have been obtained, applied for, or denied, during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit 'Ft. 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 Subsections 380.06(14) and (16), F.S. Person completing the questionnaire: Title: Representing: 53 I 88-111 N C(TYOF WA►I-, FLORIDA INTERPU�I�FA1 ORANDUM - -- -- -- % f ii'' `: ?D Matty Hirai, City Clerk t , �f;�r; February 17, 1988 " Attn.: Sylvia Lowman Deputy City Clier`]�r"'�fCr:- Resolutions No. 88-110 and 88 111; Southeast t Overtown/Park West DRI rdoel E. Maxwell Assistant City Attorney City Commission Meeting of February 11, 1988 Your office is in possession of original Resolutions No. 88-110 and 88 -111, which were adopted during discussions on Agenda Items No. 1 and 2 at the referenced City Commission meeting. Resolution No. 88-110 is the Master Development Order for Southeast Overtown/Park West and Resolution No. 88-111 is Increment I of said development order. Both have been signed by the writer and City Attorney. Both resolutions should be handled in an expeditious fashion in that time is of the essence. The Mayor and City Clerk should execute these documents. Certified copies of both resolutions should then be transmitted to the agencies listed in section 3 of page 2 of both resolutions. Again, certified copies of both executed documents should be immediately transmitted to the agencies listed in section 3 of page 2 of each resolution. The appellate time period will not begin to run until the certified copies are received by those agencies. That is why we are asking you to give this matter special handling. JEM/db/P443 Attachments cc: Herbert J. Bailey, Assistant City Manager Sergio Rodriguez, Director, Planning Department Matthew Schwartz, Deputy Director, Department of Development Joyce Meyers, Planning Consultant Robert Sechen, Esquire qS -(to U -itI MATTY HIRAI City Clerk (r�itj! 'of r4'�Iiairti February 16, 1988 Mr. Tom Lewis Secretary Florida Department of Community Affairs Division of Resource Planning and Management 2571 Executive Center Circle East Tallahassee, Florida 32301 CESAR H. ODIO City Mandger RE: SOUTHEAST OVERTOWN-PARK WEST DEVELOPMENT OF REGIONAL IMPACT Dear Mr. Lewis: Enclosed herein please find certified copies of Resolution Nos. 88-110 and 88-111, passed and adopted by the City of Miami Commission at its meeting held on February 11, 1988, which are self-explanatory. On behalf of the City of Miami, thank you for your attention. Ver truly yours, M�itty Hirai City Clerk MH:vg Enc: a/s bcc: Herbert J. Bailey, Assistant City Manager Sergio Rodriguez, Director, Planning Department Matthew Schwartz, Deputy Director, Department of Development Joyce Meyers, Planning Consultant Robert Sechen, Esquire — Joel E. Maxwell, Assistant City Attorney NONE s OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233.0708/(305) 5794WS Crrt#tj -of c,'�tMiiTt MATTY HIRAI CESAR H. ODIO City Clerk City Maniger �aI�CO FI��Or February 16, 1988 Mr. B. Jack Osterholt _ Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 RE: SOUTHEAST OVERTOWN-PARK WEST DEVELOPMENT OF REGIONAL IMPACT Dear Mr. Osterholt: Enclosed herein please find certified copies of Resolution Nos. 88-110 and 88-111, passed and adopted by the City of Miami Commission at its meeting held on February 11, 1988, which are self-explanatory. On behalf of the City of Miami, thank you for your attention. V truly yours, ratty Hirai City Clerk MH:vg Enc: a/s bcc: Herbert J. Bailey, Assistant City Manager Sergio Rodriguez, Director, Planning Department Matthew Schwartz, Deputy Director, Department of Development Joyce Meyers, Planning Consultant Robert Sechen, Esquire Joel E. Maxwell, Assistant City Attorney S?S — Ito 49 - I( I OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330700/Miami, Florida 33233-0706/(305) 579-MS