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HomeMy WebLinkAboutR-87-1148J-87-1108► RESOLUTION NO. 12/10/87 Master A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE MASTER DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A % THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE MASTER DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND MASTER DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE MASTER DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, on November 26, 1986, the Downtown Development Authority of the City of Miami submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami pursuant to F.S. 380.06 (1987), for the ongoing development through the year 2007 of a portion of the area within the DDA jurisdiction, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 9, 1987, following an advertised public hearing, adopted Resolution No. 74-87 by 6 to 2 vote, recommending approval of the Master Development Order for Downtown Miami as attached hereto; and WHEREAS, on December 10, 1987, the City Commission conducted a public hearing pursuant to F.S. 380.06 (1987) and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council, and each element required to be considered by F.S. 380.06 (1987); and 1 g�-11�8 RE301UIMN NO c iti:fiv�RKS: _y WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the issuance of the proposed Master Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Master Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1: The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Master Development Order for Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to an area of the City of Miami under the jurisdiction of the Downtown Development Authority with the exception of the Southeast Overtown/Park West Redevelopment District, as more particularly described in Exhibit "A". Section 2: The Master Development Order for Downtown Miami (Exhibit "A") is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Master Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and the Downtown Development Authority, Suite 1800, One Biscayne Tower, Miami, Florida 33132. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Master Development Order. Section 5. In the event that any portion or section of this Resolution or the Master Development Order for Downtown Miami (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Master Development Order for Downtown Miami (Exhibit "A"), which shall remain in full force and effect. 2 Si-114S PASSED AND ADOPTED this 10thday of December 1987. XAVIER L. SUAREZ, MAYOR ATTEST: c ' WATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: c. �J L E. MAXWELL SSISTANT CITY ATTORNEY APPROVED AS )0 FORM AND CORRECTNESS: IA A. DOUGHERT—Y, CITY ATTORNEY 3 12/14/87 Master EXHIBIT "A" - MASTER DEVELOPMENT ORDER - NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increment I Increment II Increment III Totals Office (gross square feet) 7,100,000 3,600,000 3,700,000 14,400,000 Government Office (gross square feet) 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (rooms) 1,000 500 1,100 2,600 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,000 600,000 Attractions/Recreation (seats) 3,400 1,600 5,000 10,000 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. 1 9 7-1148 LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 21 on page 12 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. ■ DDA or Downtown Development Authority: The Downtown Development Authority of ■ the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage, or number of dwelling - units, hotel rooms, or seats. Major Use Special Permit: A special permit issued by the City Commission — pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Development: Any construction or reconstruction which will result in a net increase, within any "Parcel of Land", of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, government office, retail/service, convention, 2 r <- 9 7-1148 wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the Planning Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the land uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has on the effective date of this Development Order a valid building permit or any currently effective development order shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in floor area, if he finds that such development would have impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Order, together with any attendant Incremental Development Order, and as may be modified pursuant to F.S. 380.06(19) (1987). The City' may permit simultaneous increases and decreases between the land use catagories, provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: 3 W-1148 1 A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit 2. C. The DDA filed the ADA with the City, the Council, and the Florida Department of Community Affairs. D. The ADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, _ community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA and the DO are intended to serve as flexible guides for to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA - seeks master development approval for three increments of development , over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as 4 S7 -1.14S G. H. I. J. K. L. 'lip N. P. Q• R. S. T. U. V. a living guide recognizing the evolution of market demand and technologies. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). A comprehensive review of the probable impacts that will be generated by the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami - Master", dated October 5, 1987. The South Florida Regional Planning Council recommends approval of the Project, and all conditions to which such approval is subject are reflected herein. The Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. The Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. The Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. The Project will have a favorable impact on the economy of the City. The Project will efficiently use public transportation facilities. The Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. The Project will efficiently use necessary public facilities. The Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. The Project will not adversely affect living conditions in the City. The Project will not adversely affect public safety. There is a public need for the Project. 5 Si--114Q --N 1-�, A I CONCLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The DDA constitutes a "downtown development authority" as defined in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to maxe application for development approval and receive a development order. B. The Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. The Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami or the Regional Plan for South Florida. D. The Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). E. Changes in the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that the Project is hereby approved; subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR NET NEW DEVELOPMENT PURSUANT TO AN APPROVED DEVELOPMENT ORDER FOR EACH INCREMENT DESCRIBED HEREIN AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations; ordinances and other laws. N. S7-1148 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. 3. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance that incorporates a requirement that Net New Developments shall place temporary screens, berms, and/or rip- — rap around sites under construction to filter or retain stormwater runoff during construction. 4. Within 6 months of the effective date this Development Order, adopt and implement a uniform ordinance or establish an accepted procedure to require Net New Developments to design, construct and maintain stormwater management systems to meet the following standards: a. Retain the runoff from at least a 5-year storm on each Parcel of Land wherever feasible and construct drainage systems as proposed in the Consolidated Application for Development Approval (CADA). Consistent with the CADA, individual drainage systems must be designed to retain at least the first one -inch of stormwater runoff within drainage wells and exfiltration trenches. b. Install pollutant retardant structures (catch basin with down -turned inlet pipe or other Dade County DERM-approved device) to treat all stormwater runoff at each individual drainage structure and/or well, and periodically remove pollutant accumulations. C. Limit application of pesticides and fertilizers in vegetated storm water retention areas to once per year for preventive maintenance and to emergencies, such as uncontrolled insect infestation. d. Vacuum sweep all parking lots of eleven or more vehicle spaces and private roadways serving the parking lots at least once per week. e. Both during and following construction, prevent the direct flow of stormwater runoff (that has not been pre-treated pursuant to Condition 4a. above) into surface waters. 7 87-ii4S i 5. Require Net New Development to comply with Dade County hazardous waste requirements by the adoption and implementation of a uniform ordinance, as may be found by the City to be applicable and necessary, providing for hazardous materials accident prevention, mitigation, and response standards, as described in a. through h. below. These standards shall be maintained by individual developers who shall require by lease agreement or building rule that all tenants classified by a SIC code listed in Appendix 12A-8 of the CADA, incorporated herein by reference, that use, handle, store, display, or generate hazardous materials (materials that are ignitable, corrosive, toxic, or reactive), including those identified on page 6 of Appendix 12A-8 of the CADA comply with these standards; provided however, that the uses in and the wastes listed in Appendix 12A-8 of the CADA shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the "County and Regional Hazardous Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity, such as lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are subject to the requirement contained in Condition Sc. below. C. Require that any area used for loading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. 8 97-1 48 d. Require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and provide Dade County DERM copies of the following forms of documentation or proper hazardous waste management practices: - a hazardous waste manifest; - a shipment to a permitted hazardous waste management facility; or a confirmation of receipt of materials from a recycler or a waste exchange operation. e. Prohibit generation of hazardous effluents, unless adequate facilities, approved by Dade County DERM and Florida Department of Environmental Regulation, are constructed and used by tenants generating such effluents. f. Dispose of hazardous sludge materials generated by effluent pre-treatment in a manner approved by the Federal Environmental Protection Agency and the Florida Department of Environmental Regulation. g. Notify any tenant generating wastes of the penalties for improper disposal of hazardous waste pursuant to F.S. 403.727. h. Allow reasonable access to facilities for monitoring by Dade County DERM, Council staff, and the Florida Department of Environmental Regulation to assure compliance with this Development Order and all applicable laws and regulations. 6. Enact an ordinance requiring Net New Development to remove all invasive exotic plants, including Melaleuca, Casuarina, and Brasilian Pepper, from their Parcel of Land as the parcel is cleared, and use 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: a. does not require excessive irrigation 9 _ 9 7--1148 b. does not require excessive fertilizer application C. is not prone to insect infestation or other pests d. is not prone to disease e. does not have invasive root systems f. such other criteria as may be appropriate 7. Coordinate with appropriate agencies to ensure that those areas frequented by the West Indian manatee and Brown pelican are properly identified to reduce the impact of development on these species. Measures may include, but are not limited to, warning signs, idle speed zones, etc. Provide information to developments located adjacent to the Miami River or Biscayne Bay which may adversely impact these species, which shall be distributed by the developer to users of the development. This information should include, but is not to be limited to, pamphlets and signs on frequency of site use, man -induced adverse impacts, and measures to avoid these impacts. 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. 9. Collaborate with the Dade County School Board, by providing planning information and information on Net New Development of residential units, to address concerns regarding the availability and access to schools for students from future residential development within the project area. 10. Encourage the incorporation of energy conservation measures into the design and operation of Net New Development by requiring that, at a minimum, all Net New Development shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). 11. As part of the building permit application, prior to approving any activity involving rehabilitation, demolition, or structural changes to historic buildings listed in Exhibit 3 herein, require the applicant to submit to the Florida Department of State Division of Archives, History, and Records Management and the City of Miami Planning Department photographs of the structure and a description of proposed activities 10 8 7-1148 for assessment of the potential effect on the historic property. Prior i to approving any permit for ground disturbing activities related to construction or tree removal within the archaeological zones listed in Exhibit 4 herein, require the applicant to contact these same two agencies to make arrangements to survey and assess the area. This condition will not apply to those historic buildings and archeological zones that are designated as Heritage Conservation districts pursuant to paragraph 12 below. 12. Attempt to have all properties and archaeological zones in Exhibits 3 and 4 herein designated as Heritage Conservation districts under Article 16 of Zoning Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. 13. For all development activity, other than development on sites contained in Exhibits 3 and 4 herein ( since these sites are subject to Condition 11. and 12. above), as part of the building permit application require the applicant, pursuant to state law, to notify the Florida Department � of State Division of Archives, History and Records Management of construction schedules, and where potentially significant historical or archaeological artifacts are uncovered during construction, permit State and local archeological officials to survey and excavate the site. When required by law, delay construction for up to 3 months in any portion of the construction site necessary to permit the archeological survey and excavation to be completed. 14. Monitor development and redevelopment activities to ensure that there is no net loss of low-income housing opportunities within the City of Miami. Any net loss of such units within the Project Area shall be counterbalanced by a gain in another area within the City of Miami. 15. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that wastewater treatment capacity will be sufficient to meet the needs of that development. 16. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that 11 97-1148 11 an adequate water supply will be available to meet the needs of that development. 17. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that solid waste disposal capacity will be sufficient to meet the needs of that development. 18. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan for downtown, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. "If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development." MONITORING, REPORTING, AND ENFORCEMENT: 19. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major Use Special permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure that 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 s 7-1148 20. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 21. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 22. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 23. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may 13 8 7-1148 no have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically 1 enumerated herein. 24. The following regional issues as they appear in the Consolidated Application for Development Approval have been sufficiently reviewed for the total Project (extending through the year 2007) and shall not be required to be reviewed as each incremental portion of the Downtown Miami DRI is submitted: Maps: Map A - Location Maps B-1, B-2, B-3, B-4 - Aerial Photo(s) Map C-5 - Flood Zones Map D-1 - Existing Land Use Map E - Soils Map F - Vegetation Maps G-1, G-2 - Drainage Maps I-1, I-2, I-3, I-4 - Public Facilities Question 5: Water Quality Question 6: Wetlands Question 7: Flood Prone Areas Question 8: Vegetation and Wildlife Question 9: Historical and Archaeological Sites Question 12: Other Public Facilities C. Energy D. Education E. Recreation and Open Space Question 13: Housing 25. The following regional issues as they appear in the Consolidated Application for Development Approval have not been sufficiently reviewed for the total Project (extending through the year 2007) and, as appropriate, will be required to be reviewed as each incremental portion of the Downtown Miami DRI is submitted: 14 9 7-1148 Question 1: Applicant Information Maps: Map H - Master Development Maps J series - Transportation Network Display Graphics and Boards Question 3: Project Description Question 4: Air Quality Question 10: Employment and Economic Characteristics Question 11: Transportation Question 12: Other Public Facilities A. Wastewater, Water, and Solid Waste B. Health Care, Police, and Fire 26. Grounds for denial by the South Florida Regional Planning Council of any subsequent applications for an incremental portion of this proposed development will be limited to any unresolved issues pertaining to Question 4: Air Quality and/or Question 11: Transportation. 27. The City shall prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. As each development increment receives a Development Order, the annual report shall include the development covered by the incremental Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 5. b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. C. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and 15 87- 1148 � ry other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any known incremental or amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18) (1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i. A report from DERM of any known violations of the hazardous waste requirements contained in paragraph 5 herein. j. The number of low -incoming housing units lost from demolition and conversion within the Project Area, as well as the total number of new low income housing units within the City. k. Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06(18)(1987). 28. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 16 87-R1.148 3 �A 290 The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 31, 2007, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only be modified in accordance with 1 F.S. 380.06(19)(c) (1987). 30. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all 3� appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (1987). 31. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land, in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land, upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to 17 s 7-1148 A completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DDA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all Developers under this Development Order. 32. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 380 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 31 herein. 33. The South Florida Regional Planning Council DRI report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Master", dated October 5, 1987, is incorporated herein by reference. 34. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15) (1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, Jointly or severally. 35. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380 (1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not i 18 87--1148 withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms, be consistent with the objectives and conditions of this Development Order. 36. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 37. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 38. In the event that a substantial deviation is determined under the terms of this Development Order or F.S. 380 (1987), the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 39. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits and Major Use Special Permits until such time as a final resolution of the litigation occurs. 34 19 400 Upon the adoption of the local government comprehensive plan pursuant to F.S. 163.3161 (1985), as amended, for the City of Miami, the City may rescind this Master Development Order at the completion of the first increment in the event that the City, after a public hearing, deems such action is in the best interest of the City. 20 rrl ,�I Wn DOWNTOWN MIAMI DRI BOUNDARY MAP %*-A 97-114S v � El EXHIBIT 2 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Begin at the intersection of the centerlines of N.W. 5th Street and N.W. 3rd Avenue (east side of N-S Expressway (I-95)), said point of beginning also being the N.W. corner of the district; thence run southerly along the center line of N.W. 3rd Avenue and the easterly side of the N-S Expressway to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way (R/W) line of Metro Rapid Transit R/W (formerly Florida East Coast (FEC) Railroad R/W) said R/W line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit R/W; thence run southerly and southwesterly along said easterly R/W line of Metro Rapid Transit to the intersection with the centerline of S.W. 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence northeasterly, northwesterly and northeasterly along said westerly line of COSTA BELLA to the intersection with the southerly right-of-way line of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT VIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31 to the northeasterly side of the existing ten foot alley in Block 2 of said POINT VIEW; thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of POINT VIEW; thence northeasterly along said line of Lots 4 and 5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Claughton Island 21 97-1148 r Bridge; _ ther easterly along the said sout1'1*iy R/W line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropolitan Dade County Bulkhead Line as recorded in Plat Book 73 at Page 18 of the Public Records; thence southerly, easterly, northerly and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly R/W line of Brickell Avenue Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulk line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E. 17th Street and its extension thereof to the easterly R/W line of the FEC Railroad; thence southerly along the easterly R/W line of the FEC Railroad to the limited access right-of-way of I-395; thence southeasterly and easterly along the limited access right-of-way of I-395 to the centerline of Biscayne Boulevard, thence southerly along the centerline of Biscayne Boulevard to the centerline of N.E. 5th Street, thence westerly along the centerline and N.E. and N.W. 5th Street to the point of beginning. The above described area contains approximately 839 acres. 22 PROPERTIES LISTED IN OR POTENTIALLY ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES omm NUTORIC NN[ 1. 10 B11scay foaleearo McAlllersitAsa Hotel 29. 16B S. E. 1 Street Huetia{ton ButIding 2. 204 Nswya boulevard ttrhl AWrtmenq 30. 111 N. E. 2 Avenue Cal 3. 640 Blsaya foulorard Tesece Gab Stationlfre•s {ulldin{ 4. 600 NscayM faolwArd Fra Town M/�S 31. 25 S. E. 2 Avenue Ingraham {Ytldlny 6. 1300 Blscaya Boulevard Soars, Roebuck and Co'. 00E 32. 118-30 N. E. 2 Street Gate Gyres and Rectory S. 1401 H scaya {oulevare swim {Ylldtnnf{ 33. 60 S. E. 4 Street Royal Palo Catgse 1. 601 tirlckeli Avenue {rlckell Hadtelw 34. 22 N. E. S Street William N. Challle House B. 602 BMckeil Avenue Flret Pre40ygr14n Church 36. 49 N. M. S Street 541ranoa Army CIUai 9. 16f E. F14{ler Street Alfred t. dul0nt fu1101n, 36. 10, 14, 1{, 28. 38 S. E. 6 Southeast Gth Street Raw 10. 174 E. Fla{ler Street Olympia Theater 4a 11RIM Street Office Building 31. 190 S. E. 12 Terrace Or. Janes Jackson Office It. 200 E. Fla{lor Street Wallis 38. 48 S. M. 13 Street Scauslde School 12. 303 E.•F14 le► Stint Elks Loops No. 948 39. 464 I1. E. 16 Street Trinity Episcopal Church 13. 73 N. Flaller Street *ado COUNTY Courthouse MUCH" 40. E. Fta{lor Street. M.E. 1 Dowtoral Him Cownetal and 1"4m1 City Hall Street. N. Meet Avenue Historic District 14. 401-47 N. MaM Avenue Chills Bioct DOE (433- vicinity IS. 1367 N. H1aml Areaue Citizens {ant 443 only)1 16. 1401 N. PH Avomw Fire Station Me. 2 11. I= S. Him {wren Fire ftatiom No. 4 hR/M 10 - National Register - listed 18. 1023 S. Mann Awame Nartlos Apartments DOE - National Register - atere nation of eligibility 19. 1160 S. H1aed Avow wlfero N. {urkart mouse DOE am - City of HIM Histone Stu 20. 100 N. E. 1 Avow Old Y.S. Post Office 4es se 21. 111 N. E. 1 Awere SecurtgyfW Idlhg 22. 140 N. E. 1 Av~ Naha fulldinn9g 23. 300 N. E. 1 Avow U.S. Post Of its as MR Courthouse 24. $00 N. E. IA Central Baptist Church DOE 26. I2Z1-27 M. E. 1 AV~ KentYtty Home 26. 120 N. E. 1 Street Shonlaw Arcoes 21. 139 N. E. 1 Street HIM fur Building 28. 121 S. E. 1 Street City National {ask BYlldia{ David PMnwr And Assoohmtse, b16 BeNrb, Kuhl And Vera pro. VYIlmn o-Flum { And Dope wL n6 &ftm wwwal 0,,O enbp commarns. MM MAP D-2 HISTORICAL SITES DOWNTOWN11 MASTER PLAN DEVELOPMENT OF REGIONAL IMPACT op IV's do Exhibit 3 CJ{IS MR t9MS ha/ONS C1NS OOL WON Helm a -97-1148 �LL hibit 4 AK EDUGICAL ZONES 1. Biscayne Archeological Zone 2. Dupont Archeological Zone 3. World Trade Center Archeological Zone 4. Granada Archeological Zone S. Fort Dallas Archeological Zone 6. Worth Bank Archeological Zone 7. Britkeli Archeological Zone B. Brickell Park Archeological Zone 9. Presbyterian Church Archeological Zone 10. South Bank Archeological Zone 11. West Bank Archeological Zone cum Pkrwm► Md AW00 m am, BOw11% 9" And VOM M WM11111-ftartl And OWUM M FjMavv%w" inpirerei► CAWMA & 0% MAP D-3 ARCHEOLOGICAL ZONES i DOWNTOWN MASTER PLAN; DEVELOPMENT OF REGIONAL IMPACT 7�'7 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) 488-4925 Exhibit 5 Page 1 BLWM-0 7-85 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 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 Anmual Status Report after the fcrmat example provided below. ANNUAL STATUS REPORT Reporting Period: to Month Day Year MontK ay Year Development: Name of DRI Location: City County Developer: Name: ompany Name Address: trees Location ty, State, Zip Coco 67 91 7- ILVIS Exhibit 5 Page 2 BLWM-07-85 Page Two 1) Describe any changes made in the pr000sed olan of development, phasing, or in the representations conTained in the Application for Development Approval since the Develooment of Regional Impact received approval. Please note any actions (substantial determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit 'A' a detailed description of each change and copies of the modified site plan drawings. Exhibit 'A' should also address the following additional items if applicable. ® a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or recuests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; c) Attach a copy of any notice of the adoption of -a development order or the subseauent 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 ;ny 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 annexino 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 late 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 cappcity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as — Exhibit 'C'. 5) Have any undeveloped tracts of land in the development (other than individual single-femily lots) been scld to a seoarm entity or developer? If so, identify tract, its size, and the buyer. Please provide maps which show the tracts involved. Tract BL.Ver 197-1 AN 68 C *► Exhibit 5 Page 3 BLWM-07-85 Page Three Note: If a response is to be more than one sentence, attach as Exhibit 'D'. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to Issuance of the development order. Identify such land, its size, and Intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit 'E'/ 7) List any substantial local, state, and federal permits which have been obtained, applied for, or denied, during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit 'F'. 8) Assess the development's and local government;s- continuing compliance with any conditions of approval contained in the DRI development order. Note: Attach as Exhibit 'G'. (See attached form) 9) Provide any information that is specifically required by the Development Order to be included in the annual report. 10) Provide a staternent 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: 69 DOWNTOWN DEVELOPMENT AUTHORITY One Biscayne Tower. Suile 1018 Miami, Florida 33131 Tel.: (305)579di675 Fax: (305) 371.2423 DecaPi:lcr lo, 1990 Mr. 7homes Beck State of Find& Department of ommmity Affairs n?ivisim of Resource Planing and Maw9emmt Biaeasr of Lad and Water Moment 2740 Oenterview Dave Tallahassee, Florida 32399 Ices City of Miami DmwIna Develoopseat of Regional Impact 1990 Staves Report Dear Mr. Beck: ._-� _ r.- %==t to Subsection 380.06(16), Florida Statutes, and condition 18 of the Development Order four the City of ?iia i Dm intum Development of Regional Iapact, eUclosed please find the albove- referenoed Amm al. Report for the reporting period ending June 29, 19%- The Qarent Status of the rncremgnt Aeoonnt (Exhibit C) included in the attached report reflects oanditims as of I�oveebez 14, 1990. W. apologise for the delay. SIvuld you have any questions or require nosy additional information, please do not hesitate to pact me. Sinoetely0 Sd>wartg, Director wow cc: Hr. Bob 0 rtis, =I Doordinal=, Sauth Florida Regional Plaming 001=11 Ms. 2lstty Hirai, Hied City Cl=kvI' Ms. Jnym He7a , City of Miami Planning Departuent — / / �ers-- r e"1 sun or mom tMIOM W CP CX!lUMT AFFAIRS Dlt►MM CF RMOMM PI/l WM ADD MANlAMW BWM Cr LAW AM OM MPAMa 2740 cwterview Drive TanJussee, Florida 32399 Subaectinn 380.06(16), Florida Statutes, Places the respamibility on the developer of an approved development of regional impact (dial) for submitting an annual report to the local goveromients the Banal Planing council, tide Department of Oomnalty Affairs, and to all affected permit agencies, an the date specified in the Development order. The failure of a developer to admit the report an the date specified in the development order may result in the besporary soI Ikon of the development order by the local goverrme - until the annual report is submitted to the review agencies. This requirement applies to all developments of regional Impact Wch have been approved since August 6, I980. If you have any questions about this required report, call the MI Enforcement Coordinator at (904) 488-4925. Please send the original Completed aural report to the designated local govensuent official stated In the development order with one (1) copy to each of the following, a) The regional planning agency of jurisdiction; b) All affected pemlttisg agencies; 0 Division of Resource Planning and Management Bureau of Land and dieter Mnagment 2740 aenterview Drive lolld msee, Florida 32399 Please format yaw Annual Status dleport after the fonmt eo®ple provided below. Reporting FOriod: 6/29/88 bo 6/29/90 (Updated to 11/14/90) Mmttulky/ltear Mond/Day/Yew . Development: Mind Dawtwn DevelaCmmat of Regional Impact Name of ERI location: Mimed Dade C*U y City County Developer: Name: Do m:twn Develanment Authority Address: IM one Biscayne Tour Street location Mind, Florida 33131 City, Stake, Zip Code _.._ - 1 - -1 — 1) Describe any c wade in the g roposed plan of development, phasing, m in the representathm contained in the Application for Development Approval same the Deaelop■eot of Regional LVect received approval. Please tote any actions (substantial detemdnations) taken by — local goverment to address these charges. i Note: If a response is to be sa+e than ate sentence, attach as Exhibit "A" a detailed — description of each change and copies of the modified site plan drawLqp. Exhibit "A" ahadd also address the hollowing additional stew if applicable: — a) Describe changes in the plan of development or phasing fat the reporting year and for the subseI uent years; Noce. b) State ony know dal MI applicatiaos for developaent approval or requests for a substantial deviation detem inatica that were filed in the reporting year and to be Me,d &wbg the next year; None. . c) Attach a copy of any notim of the adoption of a development order or the subsequent modificaitian of an adopted developmmmt order that was recorded by the developer p rmunt to Subsection 380.06(14)(d), F.S. Noce. 2) Has there been a dnage in local gvver�ment jurisdiction for any portion of the development since the development order was issued? If so, has the ammdng local gpvernwant ad1111' 1 1 a new Development of Regional In:ect development order for the project? Please provide a copy of the order adopted by the anmdtg local government. Not Applicable. 3) Provide copies of any revised master plans, incremental site plans, etc., not previously Mkodtted. Not applicable. Note: If a response is to be sore them one or two sentences, attach as Exhibit "B". 4) Provide a sumomry comparison, of development activity proposed aid actually conducted for the reporting year. See attached Exhibit C. EmWle:N giber of dwelling traits coostructed, site improvoMMMts, lots sold, acres mind, gins floor area eonsb=ted, barrels of storage capacity completed, I , , its obtaimd, etc. Note: If a respaase is to be sore them one or two sentences, attach as Exhibit It". 5) Have any undeveloped tracts of lad in the development (other than individual sitgle- fadly lots) been sold to a separate entity or developer? If so, identify exact, its sine, and the buyer. Please provide maps which show the tracts involved. Not applicable. Trwt Buyer Note: If a reed a 1 is to be more than we or two sentences, attach as Exhibit 'V'. - 2 - 6) Describe any lands p:udhssed or optioned adjacent to the original DeveloEmmt of Regional Impact site subseRhent to issuance of the development order. Identify such lad, its size, and intended use to a site plan and sap. Now. ?) ldst any wbataotial local, state, and federal l:etndts tihich have been d talo d, applied for or denial, during this reporting pew• fteeffy the agency, type of permit, and duty for each. Now. Notes If a response is to be enure than am or two seneesoen, attach as Exhibit "E". $)Assess the deveUpmeot's ad local goveranautis continuing compliance with any aaditians of approval contained in the Ml development order, and address the developer's ca+mitments, as contained in the application for develoinent approval, 4dch have been identified by the local g7vesusent, the Regional Plaming tlamil or the Department of unity Affairs as being significant. See attached Eddbtt G. Note. Attach as Exhibit IV. 9) Provide any information that is specifically required by the Development Order to be incl ded in the annual report. See attached E ddbit G. 10) Provide a stabm®t oeztifying that all per scos have been sent copies of the annual report in eonh maoee with Subsections 380.06(14) and (16), F.S. See attached Mddhit H. Pherson completing the questiunnairie: Joe 1yboroaeki Title: urban Development/Planning Administrator Representing: Domsdoet: Development Authority - 3 - I ; Rahibit C.. Domada n DRI Status Report Date: 11/14/90 A. Current Status of Increment I Development Credit Account: Credits Credits Total Reserved Reserved Credits tiaese:ved Allowable With With Bldg Assigned Development Land Use Development MSP Permits With CA Credits Office(CSF) 7,100,000 1,194,989 0 0 5,905,011 tietail(CSF) 1,050,000 394,667 0 0 655,323 Canvmeition(CSF) 500,000 0 0 0 500,000 ' Instibutional(CSF) 300,000 0 0 0 300,000 iMlesaie(CSF) 1,050,000 0 0 0 1,050,000 Nobel(Rooem) 1,000 614 0 0 386 - Pasidential(tinits) 3,550 IM 0 0 3,450 Remmatian(Sests) 3,400 0 0 0 3,400 B. Proposed and/or Pleading Applications for Development Credits: Land Use Units of Development Office (CSF) 997,100 Retail/Service (CSF) 53,410 Aonaeatinn (CSF) 0 Institutional (CSF) 0 _ W olesale/Inmiustrial (CSF) 0 - Hotel (Roams) 217 Residential (Units) 0 -I -100/90creation (Seats) 0 Number of individual developments: 5 MEN C. Aggregate Mcclusions Approved To Date: s Land Use Units of Development Office (CSF) 2,M Retail/Suevice (CSF) 8,600 Oonvention (CSF) 0 = Institutional (CSF) 0 — Welesale/Industrial (CSF) 0 Hotel (Roans) 0 Residential (Units) 0 - Attraction/COeccration (Seats) 0 D. Robes Of Applications Submitted To Date: Cabegocy 2 - Certain =1 condit1cm applicable 36 eat Mn ry 3 - New, Development 1 Category 4 - Net New Development 12 L. Supplemental Fees Collected To Date: hMniatration $112,272.60 Recovery $107,785.20 T�raruepoctati,on $111,634.02 Air Quality $ 4,739.37 Total $336.433.19 -4- E dhibit G. Assesament of Ompldance with Development Order Oonditiew a) A complete response to each questim in Rxhibit 3. See page 1. b) Identificatim and description, of my how d=Ws in the plan of develop lent, or in the representations contained in the CAAA, or in the phasing for the reporting year and for the neat year. bone. c) A summery eamperism of Zbtal Allowable Development and Net New Development proposed and actually apprGvW daring the year, including the locations, acreage, square footage, nnber of units, and other units of land uses included within lbtal Allowable Development, and the acreage mooned and developed as City parks. See Emddbit C. d) An asseseiment of the Applicant's and the City's caimpliame with the conditions of approval contained is this Development Or*w and the commitments Which are contained in the Application for Development Approval and Wh" have been identified by the City, the Council, or the Department of Ommunity Affairs as being significant. All Development Order ecendtments and/or conditions have been vet to date. e) $ ificatim of any amended MI applirnti for development approval or requests for a shistantial deviation dnatim that were filed in the reporting year or to be filed during the next year. None. f) An indication of char4ge9 if nay, in City jurisdiction for any portion of the development since imu noe of tads Development Order. Nave. g) A statement that all i rsorhs ham been seat coples of the amual repce in confommance with F.S. 380.06(18)(IM). See x dhibit n. h) A copy of any recorded notice of the adoption of this Development Order or any snbsequeot modification that was reoorrled by the Applicant pum mt to F.S. 380.06(15)(1967). None i) Any other inf amnion required by the Depart of Ommmnity Affairs ftO in aocardahoe With F.S. 380.06(la)(1987). Pone. -5- �i-g9-li�f� gxhibit A. CIMMCM w mncg I MFMY Cif that a tame ad cord Copy of the fmpft►g hukll Status "art "M sailed this loth day of December, 1990 to 7lra+s Bedy n4az'� of CMmxjjty Af&I"� Division of Plstu& fit, Hutson of Iad sod hater VAMg_Mti Rob ��r � Fluids pasourom i0egianal Yla aft C.Ma, and Natty gital, City Clerk, City of Hiamt• Dimly sim tted, City of Mod, DY BY M a tpSwd 400 or, tug * 0 - t L' e Do,*,= Deaelcffflent Authority -6- tt jorf Atalnx or , 0 Fl.°v November 14, 1990 Mr. Thomas Beck State of Florida Department of Community Affairs Division of Resource Planning and Management Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, Florida 32399 Re: City of Miami Southeast Overtown/Park West Development of Regional Impact 1990 Status Report Dear Mr. Beck: CESAR H. ODIO City Manager Pursuant to Subsection 380.06(16), Florida Statutes, and Condition 26 of the Development Order for the City of Miami Southeast Overtown/Park West Development of Regional Impact, enclosed please find the above -referenced Annual Report for the reporting period ending June 14, 1990. Should you have any questions or require any additional information, please do not hesitate to contact Reginald Barker of my staff. Sincerely, Herbert J. Bailey, Director HJB/RB/rb Enclosures cc: Mr. Rob Curtis, South Florida Regional Planning Council Ms. Matty Hirai, Miami City Clerk Mr. Elbert Waters, Planning Department w :? r Gb DEPARTMENT OF DEVELOPMENT/DUPONT PLAZA CENTER/300 Biscayne Blvd. Way, Suite 400 Miami, FL 33131/(305) 579-3366 TELECOPIER: (305) 371-9710 7 s I' f E C STATE OF FLORIDA — DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF LAND AND WATER MANAGEMENT t `era 2740 Centerview Drive Tallahassee, Florida 32399 r T A � 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 order with one (1) copy to each of the following: _ a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Division of Resource Planning and Management Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, Florida 32399 Please format your Annual Status Report after the format example provided below. ANNUAL STATUS REPORT Reporting Period: 6114189 to 6114190 Month/Day/Year Month/Day/Year - Development: Southeast OvertowniPark West Development of Regional Impact Name of DRI Location: Miami Dade County City County Developer: Name: City of Miami Department of Development Company Name Address: Dupont Plaza Center, 300 Biscayne Blvd. Way. Suite 400 Street Location Miami, Florida 33131 City, State, Zip Code 1 P 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. See attached Exhibit A. 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. No. 3) Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. None. 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. See attached Exhibit C , Example:Number of dwelling units constructed, site improvements, 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 or two sentences, attach as Exhibit "C". 5) Have any undeveloped tracts of land in the development (other than individual single- family lots) 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. Not applicable. Tract Buyer Note: If a response is to be more than one or two sentences, attach as Exhibit "D". - 2 - g7-11 WT 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. Not applicable. _, 1) 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. None. Note, If a response is to be more than one or two sentences, 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, and address the developer's commitments, as contained in the application for development approval, which have been identified by the local government, the Regional Planning Council or the Department of Community Affairs as being significant. -See-attached-Exhibit G. s Note: Attach as Exhibit "G". 9) Provide any information that is specifically required by the Development Order to be included in the annual report. Se_e attached Exhibit G. 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. See attached Exhibit N. Person completing the questionnaire: Reginald Barker Title: DRI Protect Manager Representing: The City of Miami -3- IV- 1( %4- S Exhibit A: Proposed Development Plan A preapplication conference was held at the South Florida RPC to discuss the Increment II ADA for the Southeast Overtown/Park Nest DRI. The approved and proposed development programs are pre - rented below. Approved Development Program/Project Description Land Uses Increment I Increment II Increment III Totals ■■ssssssssssssrsssrssssssrsrrsrsssrrsrsrrssrrsssrrsssssasrsrsresrssfeesrsrrrarssrsrssrrssrrssrsrs■ Office(GSF) 166,000 205,000 632,500 1,003,500 Retail(GSF) 66,200 37,300 90,600 194,100 Convention(GSF) 290,000 310,000 0 600,000 Hotel(Rooms) 0 500 600 1,100 Residential 2,000 2,000 5,000 9,000 Proposed Development Program/Project Description Land Uses Increment I Increment II Increment III Totals srsrsssrssssarassrsrsrssssssssrsssrssssrrasserrrerssserrssssrsrsrsssrrssrrsrrsresrssssrarssssssrr Office(GSF) 166,000 837,500 0 1,003,500 Retail(GSF) 66,200 127,900 0 194,100 Convention(GSF) 290,000 310,000 0 600.000 Hotel(Rooms) 0 1,100 0 1,100 Residential 2,000 3,500 3,500 9,000 -4- r"11, Exhibit C: Status Report Southeast Overtown/Park Nest DRI Date: 11/14/90 A. Current Status of Increment I Development Credit Account: Credits Credits Total Reserved Reserved Credits Unreserved Allowable with With Bldg Assigned Development Land Use Development NUSP Permits with CO Credits saaraasaarraaraaaaaaaaaaraaraaaaaaaaaaaaaraaraaaaaaaaaaaaaaaaaaararaaaaaatar Office(GSF) 166,000 0 0 0 166,000 Retail(GSF) 66,200 0 18,000 0 48,200 Convention(GSF) 290,000 0 0 0 290,000 Hotel (Rooms) 0 0 0 0 0 Residential(Units) 2,000 0 971 0 1,029 B. Low/moderate income housing units demolished or converted: 0 Total number of net new low/moderate income housing units: 1,029 C. Proposed and/or Pending Applications for Development Credits: Land Use Units of Development ■aaaaraaaaaaaaaaaaa:raaaaaaraarasasaaaaaaraaaaaaaaaaavaaa Office (GSF) 0 Retail/Service (GSF) 0 Convention (GSF) 0 Hotel (Rooms) 0 Residential (Units) 169 Number of individual developments: I D. Aggregate Exclusions Approved To Date: Land Use Units of Development ■raaaaaaaaaaaraaraaraaaaaaaaaereaaaaaaaaaaaaaaaraaaaaraaa Office (GSF) 0 Retail/Service (GSF) 0 Convention (GSF) 0 Hotel (Rooms) 0 Residential (Units) 0 Number of individual developments: 0 E. Number Of Applications Processed To Date: Category 2 - Certain DRI conditions applicable I Category 3 - New Development 0 Category 4 - Net New Development 4 F. Supplemental Fees Collected To Date:* Administration $0.00 Recovery $0.00 Transportation $0.00 Air Quality $0.00 Total $0.00 * Affordable housing developments are exempt from payment of fees during Increment I. Source: City of Miami Planning Department -5- le 7- if 4- T �i-g8-lrf� Exhibit G. Assessment of Compliance with Development Order Conditions a) A complete response to each question in Exhibit 5 (Master 00). See pages 1:8. b) Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. Seg Exhibit A. c) A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including the 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. See Exhibit-C. d) An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. All Development Order commitments and/or conditions have been mat to date e) Specification of any known incremental or amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. Bone • f) An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. Bone. g) A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18)(1987). See Exhibit H. h) A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15)(1987). See Exhibit I. i) A report from DERM of any known violations of the hazardous waste requirements contained in paragraph 5 of the Development Order. None. j) The number of low-income housing units lost from demolition and conversion within the Project Area, as well as the total number of new low income housing units within the City. See Exhibit C. k) Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06(18)(1987). None. -6- Exhibit H. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Annual Status Report was mailed this 14th day of November, 1990 to Thomas Beck, Department of Community Affairs, Division of Resource Planning and Management, Bureau of Land and Hater Management; Rob Curtis, South Florida Regional Planning Council; and Matty Hirai, City Clerk, City of Miami. Respectfully submitted, City of Miami, By By Herbert J. Bailey, Director Department of Development -7- S�—r�crP Exhibit I. Recorded Notice of Adoption of Development Order Submitted as a part of 1989 Annual Report CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM T� dATE cLF Matty-HirAi June 13, 1988 C4ty Clerk Stipulations of Agreement — !' in Downtown DRI and •Southeast Overtown/Park WestJoel F. M�t/ij RLFLRENCLS DRI Appeals Assistant City Attorney Resolutions 87-1148, 87-1149, L 0 � Q!, 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 West DRY Appeal. _Lt should _.be filed, and copies cross_ -referenced, with the following City Commission Resolutions: 1. 88-110 (approved Master Development Order), 2. 88-111 (approved Increment I), 3. 88-456 (approved Settlement); b. Department of Community Affairs vs. City of Miami and City of Miami Downtown Development Authority, Case No. 8-1638. This is the agreement settling the Downtown DRI appeal. It should be filed, and copies cross-referenced, with the following City Commission Resolutions: 1. 87-1148 (approved Master Development Order), 2. 87-1149 (approved Increment I), 3. 88-447 (approved Settlement). Should you have any questions, please do not hesitate to contact me. Matty Hirai June 13, 1988 City Clerk Page 2 JEM/db/P570 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.) (04 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY ) AFFAIRS ) ) Petitioner, ) ) VS. ) THE CITY OF MIAMI AND CITY ) OF MIAMI DOWNTOWN DEVELOPMENT ) AUTHORITY ) Respondents ) ) CASE NO. 88-1638 STIPULATION OF SETTLEMENT The parties to this above -styled appeal, the Florida Department of Community Affairs ("DEPARTMENT"), the City of Miami ("CITY"), and the City of Miami Downtown Development Authority, an authority created pursuant to Chapter 65-1090, Laws of Florida, and Section 14-25 of the City of Miami Code ("AUTHORITY"), enter the following agreement, which shall be binding on their successors and assigns. WHEREAS, the DEPARTMENT is the state land planning agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes (F.S.) which includes provisions relating to development of regional impact (DRI); and WHEREAS, the State Comprehensive Plan has a goal to encourage the centralization of commercial, governmental, retail, residential, and cultural activities within downtown areas in order to use existing infrastructure and to accomodate growth in an orderly, efficient, and environmentally acceptable manner; and WHEREAS, the attainment of said goal can be reached through the policy of compact urban growth to accommodate future development whereby full utilization may be made of existing excess infrastructure capacity thus lessening the fiscal burden on government to provide facilities and services over larger areas; and WHEREAS, in futherance of said goal, the State Comprehensive Plan establishes policies to provide incentives to encourage private investment in the preservation and enhancement of downtown areas, to assist local governments in the planning, financing, and implementation of development efforts aimed at revitalizing distressed downtown areas, and to promote state programs and investments which encourage redevelopment of downtown areas; and WHEREAS, the DEPARTMENT, as the state land planning agency, encourages the involvement of public agencies and private groups involved in development and redevelopment of downtown areas, provided that all impacts of development and redevelopment are fully addressed and that provisions are made for all =. facilities and services needed to support the proposed development and redevelopment; and b —� WHEREAS, Downtown Miami, the largest and one of the _ oldest downtown areas in the state, encompasses over 830 acres of land area containing thousands of older deteriorating structures in need of rehabilitation, reuse, or redevelopment; and includes an area that has been declared to be slum and blighted, pursuant to Chapter 163, Part III, F.S.; and r WHEREAS, the CITY, AUTHORITY and the DEPARTMENT entered into a Predevelopment Agreement ("Agreement") on the June 28, 1985,; and WHEREAS, pursuant to the Agreement, as amended, the AUTHORITY prepared and timely filed an Application for Development Approval ("ADA") for the City of Miami Downtown DRI, pursuant to Subsection 380.06(22), F.S. (1987); and WHEREAS, the AUTHORITY has timely filed the ADA with the South Florida Regional Planning Council and obtained a Report and Recommendations from the Council; and WHEREAS, the CITY considered the ADA, the Report and Recommendations of the South Florida Regional Planning Council, and each element required to be considered by Section 380.06, F.S. (1987); and WHEREAS, the CITY and the AUTHORITY have considered the impacts and needs created by the amounts of development by land use as analyzed in the ADA and approved in the Increment I development order; have provided for the necessary mitigation and infrastructure needed to support the existing, permitted and approved amounts in order that the approved amounts represent, for accounting purposes, net new development; and have, thereby, created an incentive to encourage redevelopment, rehabilitation and reuse of existing structures; and WHEREAS, the Downtown DRI provides an incentive for large scale new development to locate in downtown Miami, but could create a disincentive to small development, redevelopment and rehabilitation of existing structures if applied indiscriminately to all development; and - WHEREAS, the City Commission deemed it advisable and in the best interest of the general welfare of the CITY to issue and did issue the Master Development Order and the Increment I Development Order, incorporated herein as Exhibit A, approving the Downtown Miami Development of Regional Impact on December 10, 1987, (hereinafter collectively "the Downtown DRI"); and WHEREAS, the DEPARTMENT pursuant to Section 380.07, F.S., instituted this appeal of the CITY's Downtown DRI development orders for the Downtown DRI, on February 4, 1988, and sought to reverse the Downtown DRI development orders to the extent that they are found by the Commission to be illegal and violative of the provisions of Chapter 380, F.S. (1987); and WHEREAS, the CITY, the AUTHORITY and the DEPARTMENT are desirous of settling all issues raised in the appeal and have met to discuss the mutual resolution of the issues raised in this = appeal. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties to this appeal agree as follows: 1. The CITY and the AUTHORITY shall abide by the terms and conditions of this agreement. The CITY and the AUTHORITY shall take no action in implementing and enforcing the Downtown DRI or this Stipulation of Settlement which conflicts with the terms and conditions of this Stipulation of Settlement and shall utilize their best efforts to enforce and fulfill its terms and conditions. 2. The CITY and the AUTHORITY shall include all development, as defined by Section 380.04, F.S. (1987). in implementing the conditions of the Downtown DRI in accordance with, and limited by, the terms of Exhibit B, attached hereto and made a part hereof. 3. The term Total Allowable Development need not include redevelopment or rehabilitation and reuse of existing structures on individual parcels, as represented in the Downtown DRI, because the methodology in the ADA for accounting for the _ impacts of the existing, including previously approved and - permitted, amounts of development furthers the goals listed above. The CITY and the AUTHORITY agree to maintain detailed records concerning all development, as defined pursuant to Section 380.04, F.S. (1987), including any redevelopment, and all - maximum 10,000 square foot exemptions granted by the Planning - Director, that are excluded from Net New Development. The cumulative sum of the exclusions made pursuant to the maximum — 10,000 square foot exemption shall be termed the "Aggregate Exclusion" and shall be reported in the Annual Report to the DEPARTMENT. _ The CITY and the AUTHORITY agree that maximum 10,000 square foot exclusions from Net New Development will not be granted to any development on a parcel where the amount of the proposed new construction exceeds 10,000 total square feet. The intent of this language is to clarify those developments which would be eligible for the granting of an exclusion from Net New Development by the Planning Director under the procedures as outlined in the Downtown DRI. 4. When the sum of the approved Aggregate Exclusion and the total amount of Net New Development equals the Total _ Allowable Development, then the CITY and AUTHORITY agree to amend, pursuant to the provisions of Subsection 380.06(19)1 F.S., the Incremental development order, by seeking approval for additional development by an amount that equals or exceeds the amount of the approved Aggregate Exclusion development, and, if necessary, to re-evaluate the Increment I development order conditions based on the regional impact review. The CITY shall demonstrate that all impacts resulting from such proposed development will be adequately mitigated and that public facilities necessary to serve that development will be available. The CITY, the AUTHORITY and the DEPARTMENT agree that nothing in the above language shall preclude the CITY from proposing a change to the Downtown DRI under Subsection 380.06(19), F.S., prior to the time that the above thresholds are met. 5. In the event that a proposed change is requested as a Substantial Deviation, or a Substantial Deviation is declared, pursuant to Subsection 380.06(19), F.S. (1987), the CITY may continue to issue building permits and Major Use Special Permits so long as such permits are issued as a result of any one of the following: (a) a Predevelopment Agreement between the CITY and the DEPARTMENT, or (b) the permits and the development allowed by them are not affected by the proposed change which brought about the request for a Substantial Deviation. 6. The CITY and the AUTHORITY specifically agree that the provisions of paragraph 39 of the Master Development Order and paragraph 30 of the Increment I Development Order will be inapplicable and inadmissible in any litigation brought by the DEPARTMENT in any injunctive action concerning Chapter 380, F.S., (1987) and the CITY and AUTHORITY hereby waive said right purportedly granted by those paragraphs solely as to the DEPARTMENT. 7. The CITY and the AUTHORITY shall not rescind the Master Development Order pursuant to paragraph 40 of that Order at the completion of the Increment I Development Order until the CITY and AUTHORITY have fulfilled the mitigation requirements of the Increment I Development Order. S. The DEPARTMENT has received the Consolidated Application for Development Approval (CADA) from the CITY and the AUTHORITY. The DEPARTMENT agrees that submittal of the CADA is no longer an issue of the appeal. 9. The parties agree that the Downtown DRI development orders as approved shall be clarified by the terms of this Stipulation of Settlement. This stipulation shall become effective upon the filing, by the Department, of a Notice of Voluntary Dismissal with the Division of Administrative Hearings. 10. The rights and obligations of the parties hereto shall inure to the benefit of and shall be binding upon the successors and assigns of the parties. 11. The date of execution of this agreement shall be the date that the last party signs and acknowledges this agreement. 12. Each party of this proceeding shall bear its own =_ costs, including attorneys fees. 13. The CITY and AUTHORITY agree to record this = Stipulation simultaneously with the Master Development Order and the Increment 1 Development Order in the public records of Dade _ County, Florida. A copy of the recorded Stipulation shall be provided to the Department within 30 days after the effective date of the Stipulation. Approved/as to form and legal CITY OF MI I suffic' ncy: !' By: Lucia A. Dougherty, Cesar*atty ity Manager City Attorney, City of Miami WITNESS:. Attested by ' i, City Clerk WITNESS: v — TIF The foregoing instrument was acknowledgIMA for me this �3 td day of , b �'• 1 Notary Public, State of Florida M commission ex it Notary Public State Florida y p' AoL'ommission Exp.•Apr. 26, 1990 one ru General ins. Und. Approved as to form and legal Sufficien 01 � 8 y nz e, ive Director Downtown Dev meet Authority WITNESS :`2 WITNESS: STATE OF FLORIDA The foregoing trument wasetqknowledQeA beforg Ice this day of , by Ahvul otary Public, Sta a of Florida My commission expires: man pubt& suis ct RrAi& Cam= Jqkes We 17,199'1 _saw no Inv, ram+: �wuwq Y6 r STATE OF FLORIDA COUNTY OF Approved as to form and legal Sufficiency: urence Kqp4ey, Gen4 al Counsel, apartment of Community Affairs WITNESS: t�.�.•� WITNESS: �� V. STATE OF FLORIDA COUNTY OF LEON DEPARTMENT OF COMMUNITY AFFAIRS By: ilia . © C . Thomas G. Pelham, Secretary 2740 Centerview Drive Tallahassee, Florida 32399 The forego ng inst ume was c 'owledaaA0 eE me s day o , by , o the Depart t of Community Affairs, an agencyof the state of Florida, on be alf of the Department. , Notary Public, State of Florida My commission expires: Mr ::. EXHIBIT "B" MASTER DO CONDITIONS 2. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance that incorporates a requirement that Net New Developments shall mulch, spray or plant grass in exposed areas to prevent soil erosion and minimize air pollution during construction. Applicability: (a.) All development, other than (b.). (b.) Exceptions for development with exposed areas of less than 5,000 square feet; or areas that will be exposed for 90 days or less. 3. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance that incorporates a requirement that Net New Developments shall place temporary screens, berms, and/or rip - rap around sites under construction to filter or retain stormwater runoff during construction. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; or where existing drainage facilities are adequate to retain stormwater within the site. 4. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance or establish an accepted procedure to require Net New Developments to design, construct and maintain stormwater management systems to meet the following standards: a. Retain the runoff from at least a 5-year storm on each Parcel of Land wherever feasible and construct drainage systems as proposed in the Consolidated Application for Development Approval (CADA). Consistent Page 1 of 10 with the CADA, individual drainage systems must be designed to retain at —' 1 east the first one -inch of stormwater runoff within drainage wells and exfi 1 traai on trenches. Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section D-4 of the "Public Works Manual" of Dade County and the South Florida Water Management District Rules. b. Install pollutant retardant structures (catch basin with down -turned inlet pipe or other Dade County DERM-approved device) to treat all stormwater runoff at each individual drainage structure and/or well, and periodically remove pollutant accumulations. Applicability: (a.) All development except as may be exempted by Dade County DERM pursuant to the South Florida Water Management District Rules. C. Limit application of pesticides and fertilizers in vegetated storm water retention areas to once per year for preventive maintenance and to emergencies, such as uncontrolled insect infestation. - Applicability: - (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill. d. Vacuum sweep all parking lots of eleven or more vehicle spaces and private roadways serving the parking lots at least once per week. Page 2 of 10 r fe"1 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. 1 e. Both during and following construction, prevent the direct flow of stormwater runoff (that has not been pre-treated pursuant to Condition 4a. above) into surface waters. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; or where existing drainage facilities are adequate to retain stormwater within the site. 5. Require Net New Development to comply with Dade County hazardous waste requirements by the adoption and implementation of a uniform ordinance, as may be found by the City to be applicable and necessary, providing for hazardous materials accident prevention, mitigation, and response standards, as described in a. through h. below. These standards shall be maintained by individual developers who shall require by lease agreement or building rule that all tenants classified by a SIC code listed in Appendix 12A-8 of the CADA, incorporated herein by reference, that use, handle, store, display, or generate hazardous materials (materials that are ignitable, corrosive, toxic, or reactive),, including those identified on page 6 of Appendix 12A-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 f 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 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 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 8rasilian Pepper, from their Parcel of Land as the parcel is cleared, and use only those plant species identified in Appendix 8-4 of the CADA for landscaping. Additional species may be used only if written approval is provided by Council staff. Such approval will be based on the species under consideration meeting the following criteria: - does not require excessive irrigation _ - does not require excessive fertilizer application — - is not prone to insect infestation or other pests - is not prone to disease - does not have invasive root systems - - such other criteria as may be appropriate. — Applicability: (a.) Removal of invasive species applicable to all development. (b.) Use of species listed in Appendix 8-4 of the CADA applicable to — all development, other than (c.). (c.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing - structure or land improvement; new structures or additions to existing structures of 1 ess than 10,000 square feet; excavation; demolition; or deposit of fill. 8. Direct the City Manager to establish procedures whereby the Police Department and Fire Department shall make recommendations to incorporate security measures into the design and operation of Net New Development. Applicability: (a.) All development, other than (b.). Page 6 of 10 (b.) Exceptions for Police Department recommendations for excavations or deposit of fill: 9. Collaborate with the Dade County School Board, by providing planning information and information on Net New Development of residential units, to address concerns regarding the availability and access to schools for students from future residential development within the project area. Applicability: (a.) All residential development. 10. Encourage the incorporation of energy conservation measures into the design and operation of Net New Development by requiring that, at a minimum, all Net New Development shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). Applicability: (a.) All development, except as excluded within the State Energy Code. 15. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that wastewater treatment capacity will be sufficient to meet the needs of that development. Applicability: (a.) All development that requires an increase in gallonage of '-- wastewater. 16. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that an adequate water supply will be available to meet the needs of that development. Applicability: (a.) All development that requires an increase in gallonage of water. Page 7 of 10 17. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that solid waste disposal capacity will be sufficient to meet the needs of that development. Applicability: (a.) All development that requires an increase in volume of solid waste. ' IKRE ENT I 00 CMITIONS S. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: = a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking — approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and BERM) prior to issuance of building permits for = the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 4a. , b., and c. , above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FOR and BERM. b. Withhold the issuance of any building permits for Net New = Development within the sub -area that shows CO exceedences. — Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet where such new structures or additions are projected to generate a net increase of 5 or 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 b months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and C. encourage mass transit use by the provision of bus shelters, bus - turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list enti tl ed "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; denolition; or deposit of fill. Page 9 of 10 (c.) The TCM 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 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM P'1�12: A TO Matty Hirai DATE January 8, 1988 FILE' City Clerk Attention: Sylvia Lowman 51BJE Resolution NoC!11'fi+� L 8 7 Dep7?,, Ci CT,�r.k and ResoluCif:n(;�tlaj��,��FTIA1.49 ��FROM P.. Maxwell REFERENCES City Commission Meeting A3 Lstant: City orney December_ 1.0, 1987; Downtown F NCL OF-URFts, DRI + ?tacstiani: t: F l:FTephone conversations of. yesterday, I am submitting to your office, for insertion in the subject resolutU-)ns, five new original pager. These pages correct scrivener's errors and do not, in any way, make material changes in the resolutions. In fact, the only changes on any of the pages is the removal of inadvertent�erlining which occurred during the printout process. Because the pages Ego not contain substantive changes, you may insert these pages into the original documents in your files and discard the pages that they replace. It is not necessary to notify any of the agencies of this action because of its immateriality. Pages 12 and 19 of Resolution No. 87-1148 should be replaced by the new original pages 12 and 19 that accompany this memorandum. I have taken the liberty of penciling in on said pages 12 and 14, Resolution No. "87-1148" so that there will be no confusion as to which resolution these pages are intended for. Pages 12, 17 an,9 18 of. Resolution 87-1149 also have been identified by the pencil notation "87-1149." — JEM/db/P450 Attachments cc: Sergio Rodriguez, Director, Planning Department Attention: Joyce Meyers, Planning Consultant Peter Andolina, Assistant Dir., Downtown Dev. Authority Robert Sechen, Esquire 8'7-1148 W-1.148 U CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORAN TO Matty Hirai, City Clerk DATE, Attn.: Sylvia Lowman Deputy City Clerk SUBJECT FROM 1 E. Maxw 11 REFERENCES � 4 •'� 5, 1987E 1LE. i� No. 87-1148 and'i"sIl4.9; Downtown Development of Regional Impact A sistant City Attorney City Commission Meeting FNCLOSURES of December 10, 1987 Attached, hereto, are original Resolutions No. 87-1148 and 87-1149, which were adopted during discussions on Agenda Item No. 65 at the referenced City Commission meeting. Resolution No. 87- 1148 is the Master Development Order for Downtown Miami and Resolution No. 87-1149 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 as soon as the Mayor is back in town. 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: Sergio Rodriguez, Director, Planning Department (w/o attach) Roy F. Kenzie, Dir., Downtown Dev. Authority (w/o attach.) Joyce Meyers, Planning Consultant (w/o attach.) Robert Sechen, Esquire (w/o attach.) S 7--1,148 1 i� Cqitu of +�iittxttt OF SERGIO RODRIGUEZ �`" ��s CESAR H. ODIO Director t City Manager �} .eae eons tt � eu December 14, 1987 Mr. B. Jack Osterholt, Executive Director South Florida Regional Planning Council 3440 Hollywood Blvd., Suite 140 Hollywood, FL 33021 RE: Downtown Development Authority/City of Miami DRI Dear Mr. Osterholt: l I am hereby notifying you that on December 10, 1987, the Miami City Commission adopted the attached Resolution #87-1148 approving a Master Development Order for Downtown Miami and the attached Resolution #87-1149 approving an _ Increment I Development Order for Downtown Miami. An executed copy of these resolution will be sent to you as soon as they are available from the City Clerk. Si ncerely, odriguez, Director a ng Department SR/JAM/dr dr87:262 cc: Roy Kenzie Joel Maxwell Robert Sechen Natty Hirai -IJ r 91 0301BC1 V7- //IF a4l'i PLANNING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 33126/(305) 579-6096 Vr7 Mailing Address • P.O.Bos 33070a / Miami, Florida 33Z1341 0ti 8 7--1.148 a (4'tt�r of 4niarni SERGIO RODRIGUEZ Director December 14, 1987 Mr. Thomas G. Pelham, Secretary Department of Community Affairs 2571 Executive Center Circle East Tallahassee, FL 32399 RE: Downtown Development Authority/City of Miami DRI Dear Secretary Pelham: CESAR H. ODIO City Manager 7 I am hereby notifying you that on December 10, 1987, the Miami City Commission adopted the attached Resolution #87-1148 approving a Master Development Order for Downtown Miami and the attached Resolution #87-1149 approving an Increment I Development Order for Downtown Miami. An executed copy of these resolution will be sent to you as soon as they are available from the City Clerk. Si ncerely, r io Rodriguez, Director nning Department SR/JAM/dr dr87:261 cc: Roy Kenzie Joel Maxwell Robert Sechen Matty Hirai PLANNING DEPARTMENT/VS N,W. 2nd Street/Miami, florid& 33128/(305) 579-6086 g� Mailing Address - P.O.Box 3307W / Miami, Florida 33233.0705 _ 8 7-J148 3 ,1TY `-IIA`fl. ?LORICA INTER -OFFICE MEMORANDUM Honorable Mayor and Members SATE December 10, 1987 FILE. of the City Commission — SUBJECT. Amendments to Master and Increment I Development Orders for Downtown Miami DRI 'ROM )ergio REFERE""'Agenda Items 65-A & 65-B; City Rodriguez, Director v Commission Meeting of December 10, 1987 Planning Department ENCLOSURES — The Planning Advisory Board, on December 9, 1987, by Resolutions 74-87 and 75-87 by 6 to 2 votes, one member absent, recommended the above -referenced Development Orders respectively, including certain technical and clarifying amendments as recommended by the Planning Department. The amendments were:l/ 1. Add the following sentence to the end of paragraph #18 in the "Master" Development Order and to the end of paragraph #11 in the "Increment I" Development Order: "If necessary, the City shall establish a procedure for rebating any funds collected in excess Ot those funds attributable o a particular eve opmen and necessary to implement is Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mi iqa e the imaac s Ot TotalAllowable Development.11 2. Move the last sentence in paragraph #32 to the end of paragraph #31 in the "Master" Development Order; and move the last sentence in paragraph #23 to the end of paragraph #22 in the "Increment I" Development Order. 3. Add the words "or Major Use Special Permits" in two places following the words "building perms s in paragraph _ on page 15 of the "Increment I" Development Order. 4. Delete paragraph #31 on page 19 of the "Increment I" Development Order, because it is found in paragraph #40 of the "Master" Development Order and is only applicable therein. 1� Underlined language constitutes the amendment. Page 1 of 2 87-1 i48 W-1. 48 OOOA _ Honorable Mayor and Members of the City Commission December 10, 1987 5. Add the following sentence to paragraph #6 on page 13 of the "Increment I" Development Order, preceding the sentence beginning, "In the event the City contracts to pay the fair share...": "The City shall pay or contract to pay the fair share within 60 days following notice that the Subject improvement as been let to con t rac or construction." 6. Amend paragraph #33 on page 18 of the "Master" Development Order and paragraph #26 on page 20 of the "Increment I" Development Order to read as follows: "The existence of this Development Order shall not act to limit or proscribe - the rights of any person under F.S. 380 (1987) to file an pp ica ion or Development Approval and obtain an individual development 'order for property covered by this Development Order no w' ifistanding the existence o is Development order. In the even at such an individual development order is Order." SR/JAM/rj Page 2 of 2 S 7-1.148 S 7--1.148 65 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of :•.; ��}� '�: TO.the C i ty Commission GATE: �, d�V FILE: — Development Order for — .;� SUBJECT: Downtown Miami DRI: Master and Increment I. !14 � — FROM- Cesar H. Odib)'J+ REFERENCES: City Manager ENCLOSURES: RECOMMNDATION: It is respectfully recommended that the City Commission adopt the attached resolutions which are the which are the Master (to year 2007) and Increment I (to year 1992) Development Orders for Downtown Miami as a Development of Regional Impact (DRI). BACKGROUND: These Development Orders will fulfill the City's obligation under the Bayside Predevelopment Agreement with the Florida Department of Community Affairs. These Development Orders pertain to all of the area of Downtown Miami encompassed within the jurisdiction of the Downtown Development Authority except for Southeast Overtown/Park West which will be the subject of a separate DRI. The City will assume full control over all development in the — Downtown, eliminating the necessity of having the South Florida Regional Planning Council review major projects. However, these Development Orders obligate the City to fulfill numerous conditions such as conducting air quality studies and paying traffic mitigation fees in order to mitigate the impact of the new development in Downtown. To recapture the public funds — expended to prepare the downtown Miami Development of Regional Impact _ application and to be reimbursed for public, funds committed under these Development Orders, the City Administration will collect mitigation fees from — private developers upon approval of their projects at the issuance of building = permits. The Downtown Miami Development of Regional Impact has been recommended by the = Metro Dade County Shoreline Development Review Committee, the South Florida i Regional Planning Council, and the Miami Planning Advisory Board. Further details are attached. ATTACHMENTS Planning Fact Sheet Analysis Resolutions - Development Orders _ SFRPC Recommendations S 7-1.148 PLANNING FACT SHEET APPLICANT Downtown Development Authority of the City of Miami: November 26, 1986 PETITION 1. Consideration of recommendations concerning the issuance of a Master Development Order and an Increment I Development Order for Downtown Miami, as a Development of Regional Impact, as proposed by the applicant: Downtown Development Authority, encompassing that area of the City of Miami under the jurisdiction of the Downtown Development Authority being the Central Business District, Omni and Brickell sub -areas generally bounded by Biscayne Bay, N.E. 17 th Terrace, the Florida East Coast Railroad right-of-way, I-395, I-95, N.W. 5th Street, Miami River, Metrorail right-of-way and S.E. 15th Road, including C1 augh ton Island, with the exception of the southeast Overtown Park West project area, pursuant to Chapter 380.06 F.S. REQUEST To make recommendations on a Development Order for the Downtown Miami Development of Regional Impact, a. Development of Regional Impact per Chapter 380.06, Florida Statutes. BACKGROUND: The Downtown Master Development Order . and Increment I Development Order in conjunction with the Miami Comprehensive Neighborhood Plan and the Zoning Ordinance, will establish guidelines and standards for future downtown development. The Downtown DRI differs significantly from a project -based DRI, which is prepared for a specific structure and a specific site. The Down town DRI proposes no predetermined development projects. Because the type, location and size of new development cannot be predicted, the Downtown DRI will provide sufficient flexibility to permit appropriate development to occur anywhere within the Downtown DRI area. State Legislation requires that the City or others provide for City services and infrastructure commensurate with the rate of devel opmen t permitted. PAB 12/9/87 Item #1 Page 1 (_ 7-1S48 004 � a ® ANALYSIS RECOMMENDATIONS PLANNING DEPT. A The Master Development Order will be in effect thru the year 2007, and provides conditions relative to the following categories of impacts: water quality, wetlands, flood prone areas, vegetation, wildlife, historical and archeological sites, *wastewater, water, solid waste, healthcare, police and fire protection, energy, education, recreation and open space, and housing. The Increment.I Development Order covers the period from 1987-1992 and provides approval for a fixed quantity of development with conditions relative to air quality and transpor to ti on . Once building permits have been issued for the quan ti ty of development approved in Increment I, the DDA will need to apply for an Increment II Development Order. The schedule for the Downtown DRI is as follows: - Dade County Shoreline -- September 22, 1987 Development Review (Approved) Comm ttee - Recommendation from -- December 7, 1987 South Florida Regional Planning Council - Planning Advisory -- December 9, 1987 Board - City Commission -- December 10, 1987 (See Analysis Attached) PAB 12/9/87 Item #1 Page 2 8 7-1148 Aip 2=QW V" 2-3- m b"A'14 I -ALI I a*,, J111:1--lel'ol" r IIIIII IV I - 6�7 o" 1 Ak G 4V CITY OF 141AM1. F_ORICA 1. INTER -OFFICE MEMORANCUM -O Planning Advisory Board CATE November 30, 1987 GALE. _ "Master" Development Order - SU9JEC7 for Downtown Miami DRI eDepauritment S ez, Director FROM 1 REFERENCES: ENCLOSURES: It is recomended that the Planning Advisory Board recommend the attached = resolution approving the "Master" Development Order (DO) for the Downtown Miami Development of Regional Impact (DRI). This DRI encompasses all of the - area within the jurisdiction of the Downtown Development Authority, with the exception of the area known as "Park West", (which is a part of a separate DRI application for the Southeast Overtown Park West redevelopment district). Together with its companion item, the "Increment I" DO, this -"Master" 00 for Downtown Miami will: — a. fulfill the City's final obligation under the Bayside Predeveiopment Agreement with the Florida Department of Community Affairs (DCA ), wherein the City would be prevented from using the' new Bayfront Park amphitheater beginning six months after completion of the amphitheater, unless a DO for the entire downtown is adopted; b. provide the City with full control over approvals of large scale development in the downtown area by eliminating individual DRI reviews by the South Florida Regional Planning Council (SFRPC), and by usurping the potential granted to Dade County under F.S. 380.065 (1985) to — assume responsibility for DRI reviews on behalf of the SFRPC; c. encourage development within the downtown area by simplifying and shortening the development approval process for large scale projects; *�. 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, paying traffic mitigation fees, and other coordinating and reporting functions; and f. create for the City the same monitoring and enforcement responsibilities that it assumes with all individual DRI projects. g. permit development in Downtown Miami having the following positive economic impacts: Page 1 of 6 5 eftN Planning Advisory Board November 30, 1987 i. Over 44,000 construction jobs will be generated over the three phases of projected growth through the year 2007. Increment I will produce over 20,000 construction jobs. It is anticipated that approximately 3,500 new permanent retail jobs, 67,000 office jobs, and 2,000 industrial jobs will also be generated between 1987 and 2007. Increment I accounts for approximately 50% of these new jobs. _ ii. The growth projected in this project will have a substantial impact on the tax base of the City, the County and the School Board. Based on 1986 millage rates and an assessment to value ratio of 75%, over $157,000,000 in new ad valorem taxes could be - realized resulting from new growth downtown from 1987 to 2007. The City's share of this will be approximately $52,500,000. Increment I alone accounts for approximately $63.9 million overall and $21.3 million for the City. iii. Over $13,000,000 in non -ad valorem revenues (permit fees, water and sewer, Metromover assessments, etc.) could also be generated from the projected growth. This does not include impact fees that the City and County may assess new developments. The "Master" DO differs from the "Increment I" DO in that the "Master" DO will be effective through the ygar 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, �. wi 1 dl'i fe, historical and archeological sites, energy, education, recreation and open space, and housing. The "Increment I" DO addresses the "emaining elements of the ORI 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. It is intended that the City will have the flexibility to permit individual development projects to be located anywhere within the boundaries of the - Downtown DRI, 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 size 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. Page 2 of 6 0 W -1.148 F 1 - Planning Advisory Board November 30, 1987 The "Master" DO will have no effect on projects that already have building permits or their own DRI development order. In addition; individual e development projects may "opt out" of this DO in the future by obtaining their own separate DRI development order. The specialized conditions of approval for the "Master" DO, found in paragraph 2 through 17 on pp.6-11 of that DO (Exhibit "A"), can be summarized as follows: a. Water Quality and Drainage (paragraphs 2-5): Background: The existing positive drainage system covering approximately 86 percent of the downtown area allows dirt, debris, and pollutants to be washed directly into the Miami River and Biscayne Bay with each rainfall. Water quality in the Miami River and Biscayne Bay will continue to improve over time as the existing positive drainage system is replaced with on -site drainage. Various types of on -site — drainage systems with pollutant retardant structures, which direct runoff to the Biscayne aquifer, are not considered harmful, due to salt water intrusion in the portion of the aquifer underlying Downtown Miami. Recommendation: The "Master"DO will require the City to adopt several ordinances or to establish procedures to formally implement standards for the design and maintenance of new developments intended to prevent �e pollutants from entering Biscayne Bay, the Miami River, or the underground aquifer. The new standards specified in the DO are not significantly more stringent than existing administrative rules and policies, with the excep•.1-ion of item #4d concerning the vacuum sweeping of parking lots. Since the Public Works Department is currently repsonsi bl a for approving new construction plans for drainage, it is recommended that they also enforce the new standards specified in the 00, with the exception of the hazardous waste standards in items 5d, e, f, g, and h, which are regulated exclusively by the Dade County Department of Environmental Resources Management (DERM). b. Vegetation and Wildlife (paragraphs 6 and 7): Background: The only significant regional issues concerning wildlife and vegetation are continued efforts to protect endangered manatees and brown pelicans, and prohibition against use of certain plant materials considered to be harmful to human health or the environment. Page 3of6 A& r�- Planning Advisory Board November 30, 1987 Recommendation: The DO will require the City to enact an ordinance limiting the plant materials that may be permitted on new development sites. The City will also be committed to coordinating with appropriate agencies concerning efforts to protect the brown pelican and manatee and to require new developments adjacent to Biscayne Bay and the Miami River to disseminate information to employees and visitors. c. Police and Fire Protection (paragraph 8): Background: Police and Fire major capital facilities are considered to be adequate to serve new development. The City of Miami impact fees are intended to assist with the purchase of additional equipment. Additional operating expenses should be able to be funded by property tax revenues generated by new development, estimated to be $12.3 million in annual City taxes for Increment I and $52.5 million by the end of the third increment in the year 2007. Recommendation: The DO will require the City to establish a procedure for the Police and Fire Departments to make suggestions to enhance safety and security at an early stage of the design process of individual development projects. d. Education (paragraph 9): Background: The Dade County School System's long range plans for capital improvements do not include projections for new housing in Downtown Miami. If the 9,020 new units proposed in the Downtown DRI were to be constructed by the year 2007, there could be as many as 2200 additional school age children residing in Downtown,.. exclusive of the Southeast Overtown Park West area. Recommendati on: The 00 will require the City to coordinate with the Dade County School System generally, and to notify the School- System of any building permit applications for residential units. e. Energy (paragraph 10): Background: Florida Power and Light has a long range plan to supply electrical power to new development in the downtown as needed. Recommendation: The DO will require the City to encourage energy conservation measures in new development. Page 4 of 6 0 -97-1-148 t 0 Planning Advisory Board November 30, 1987 f. Historic and Archeological Sites (paragraphs 11-13): - Background: A survey of the downtown area conducted by consultants under the direction of the Planning Department identified 37 buildings, 3 groupings of buildings, 1 object, and 11 archeological zones that _ would be eligible for listing on the National Register of Historic Places. Recommendation: The City will be required to carry out procedures for Heritage Conservation designation under Zoning Ordinance 9500 for each of the historic and archeological sites identified in the survey. Until the time that designation is approved on each site and for each site denied -designation, any development plans for those sites will be required to be submitted for review and comment by the Florida Department of State Division of Archives, History, and Records Management and the City Planning Department. If any potentially - -significant historical or archeological artifacts are uncovered during construction on any properties not identified as potential archeological zones, State and local archeological officials must be permitted to survey and excavate the site. g. Housing (paragraph 14): Background: New housing constructed by the private sector in the downtown is not expected to be affordable to low income families unless new forms of public subsidy are found. The C i ty' s commitment to downtown housing is focused on the Southeast Overtown Park West area, which will provide some low income housing, but is not a part of the area covered by this Downtown DRI. Recommendation: The City will be required to show that any existing low income housing' units lost by demolition within. the Downtown DRI area will be counterbalanced by a gain in low income units in another area of the City. h. Wastewater, Water, and Solid Waste (paragraphs 15-17): Background: The countywide capacity for wastewater treatment, water treatment, and solid waste disposal is projected to be more than adequate to serve future growth in downtown, based upon capital improvements planned by the Miami Dade Water and Sewer Authority and Dade County. Page 5 of 5 M Planning Advisory Board November 30, 1987 Recommendation: The City will be required to follow the current procedure of requiring a service contract from the Water and Sewer Authority prior to issuing permits for new development. Since there is no comparable procedure existing for solid waste disposal, developers will be required to obtain a letter of availability from Dade County. The City may elect to request an annual letter of availability from the County on behalf of developers. SR /JAM/.dr dr87:247 Page 6 of 6 /0 197-1.148 Revised November 30, 1987 Questions and Concerns Stated by Commissioner Plumper October S* 1987 SFRPC Meeting 1. Commissioner Plummer: Since ODA is the Applicant, what would happen [to e obligations incurred under the D.O. ] if DDA were to go out of business? Response: The DDA is a special district; therefore, the City of Miami is responsiole for the conditions in the 0.0., irregardless of whether D.D.A. is in existence, as those obligations would pass to the City in the event of DDA's termination. 2. Commissioner Plummer: The SFRPC report contains a number of conditions that relate to func ions and authority vested solely with Dade County under the Home Rule Charter; yet the SFRPC would expect the City of Miami to act where it has no authority. For example, the City would be required to adopt an ordinance addressing carpooling by signagr-, and other means. However, the City cannot erect signs. That is a function reserved for Dade County. Response: It is correct that Dade County has full authority and responsibility for a number of conditions in the SFRPC report. However, because the City of Miami chooses to exercise its authority to regulate land development (i.e. planning, zoning, building permits, DRI approvals, etc.), State law requires the City to accept responsibility for insuring that impacts are mitigated from development that it chooses to permit. The City's D.O. and its implementation mechanisms will not require the City to intervene directly in any function of any other governmental entity. In some cases, such as the carpooling example, the City will adopt an ordinance requiring individual developers to incorporate certain features into their building design and/or management program. In other cases, where existing County and/or State regulations are already in effect (e.g. hazardous waste) the City will simply inform developers about the existing regulations, and continue to cooperate with enforcement of those regulations by withholding building permits and/or certificates of occupancy until necessary permits and inspections are obtained from the agency which is responsible. The City currently accepts this same responsibility for enforcement of conditions in D.O.s for individual developments. 3. Commissioner Plummer: Another example related to issue #2 is water and sewer. in the -MC -assessment report, the City. is being asked to address these issues in duplication with the County and to assume the responsibility of financing. Response: The City will be able to fulfill the SFRPC's recommended conditions, to "withhold the issuance of building permits for individual development that cannot show that wastewater treatment and/or adequate water supply will be available to meet the needs of that development" by continuing the current practice of requiring all -building permit applications to include a copy of a "Water and Sewer Service Agreement" from Dade Co. prior to issuing the permit. The City would not take on any added obligations, financial or otherwise. - 1 - DRAFT OEPOqr DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR DOWNTOWN MIAMI - MASTER Located in the City of Miami 73.05 SOUTH FLORIDA REGIONAL PLANNING COUNCIL October 5t 1987 87-1148 TABLE OF CONTENTS h e LISTOF FIGURES....................................................... i LISTOF TABLES........................................................ LISTOF EXHIBITS...................................................... INTRODUCTION.......................................................... 1 PARTI. PROJECT DESCRIPTION ........................................ 2 A. APPLICANT INFORMATION .................................. 2 B. PROJECT INFORMATION .................................... 2 PART II. PROJECT IMPACTS AND ISSUES ................................. 12 A. ENVIRONMENT AND NATURAL RESOURCES 12 B. ECONOMY ................................................ 12 C. PUBLIC FACILITIES ...................................... 22 D. TRANSPORTATION ......................................... 30 PART III. COMMENTS FROM OTHER REVIEWING AGENCIES ..................... 31 PARTIV. SUMMARY AND RECOMMENDATIONS ................................ 50 87 -1148 LIST OF FIGU SS, Figure No. Title Page 2 Location Map ................... ............................ 4 2 Central Business District Sub -Area ......................... 6 3 Hrickell Sub -Area .......................................... 7 = 4 Omni Sub -Area .... .......................................... 8 5 Master Development Plan .................................... 11 6 Historic Places ............................................ 17 7 Archaeological Zones ....................................... 18 i 87 -1148 Ll n Taber 1 2 3 4 5 6 7 8 9 10 11 12 13 14 LIST OF TABLES Title paBe- 5 Existing Development ....................................... Proposed Development by Phase .............................. 9 Proposed Development by Phase and Sub -Area ................. 10 Environmental Issues ....................................... 13 Construction Costs ......................................... 12 Permanent Employment ....................................... 19 Permanent Employment Impacts ............................... 20 Fiscal Impacts ............................................. 21 Projected Downtovn Project Area Water Demand ............... 22 Projected Downtovn Project Area Wastewater Flovs ............ 23 Cumulative Projected Solid Waste Generation Increase ....... 23 Police, Fire, and Emergency Medical Services ..........••••• 25 Cumulative Estimated Student Population .................... 26 Proposed Residential Development ........................... 27 ii 87"1148 LIST OF EXHIBITS Exhibit No. Title Pane 1 Agreement to Delete Questions ............................. 74 2 List of Potential Hazardous Paste Generators .............. 82 3 Code for Vaste Types Commonly Associated with Each Industry ............................................. 87 4 Recommended Species ....................................... 88 5AHistoric Places ........................................... 92 5BArchaeological Zones ...................................... 93 6 Master Development Plan ................................... 94 7 Annual Status Report Form ................................. 95 - 87 -1148, 10 4 INTRODUCTION This assessment of the proposed Dovntovn Miami • Master development has been prepared by the South Florida Regional Planning Council, as required by the Florida Environmental Land and pater 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 vith 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. . 87-1148 PART I - PROJECT DESCRIPTION A. APPLICANT INFORMATION Project Name: Dovntovn Miami - Master Applicant: Dovntovn Development Authority; City of Miami Suite 1818 One Biscayne Tover Miami, Florida 33131 Date of Acceptance of Application: August 14, 1987 Date of Receipt of Local Public Hearing Notice: September 21, 1987 Deadline for Council Action: November 9, 1987 ` Date of Local Public Bearing: November 12, 1987 Type of Development: Mixed use Location of Development: City of Miami B. PROJECT DESCRIPTION The City of Miami has undertaken a Development of Regional Impact for a portion of the City vithin the jurisdiction of the Dovntovn Development Authority (DDA) pursuant to s. 380.06(22), F.S. The DDA, an authority of the City of Miami, as the Applicant, has proposed to have the Dovntovn Miami DRI be revieved as a Master/Incremental development pursuant to s. 380.06(21)? F.S., and Rule 9J-2.28, F.A.C., which states the folloving: If a proposed development is planned foi 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." �J 87-1148 It is further stipulated in s. 380.06(21)9 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 vhich can result in the denial of an Incremental ADA. The recommendations contained in this impact assessment report include a breakdovn of those issues vhich are dealt vith in a Master Plan Development Order (DO) from those issues vhich vill be dealt vith in future Incremental Plan Development Orders. Those issues to be part of the Master DO will be discussed in the body of this report. Those issues to be addressed in future Incremental Dos will be discussed in appropriate future impact assessment reports. The DDA District encompasses approximately 1.6 square miles. The district is generally bounded by SS/SW 15th Road on the south, Biscayne Bay on the east, NE/NW 17th Street on the north, and the Metrorail alignment, the F.B.C. Railroad, and NW 3rd Avenue on the vest (Figure 1). For the purposes of review, the DDA District has been divided into four sub -areas: 1) Central Business District (CBD) 2) Brickell 3) Omni r 4) Park West P, 87-1148 m . M-r SOUTH FLCAVA REC40NAL PLAWNG COUNCIL L-tes was* r t PROJECT A inner Ke) CAAX- A.6-A i4 ........ 49 fte LOCATION MAP Source:ADA a FIGURE RELNOT TO SCALE 9,JL43 The Park West sub -area is being revieved as a separate DRI (Southeast Overtovn/Park Vest) and is not included as within the area of reviev of this assessment. The other three sub -areas make up the area of review of this assessment and are shown in greater = detail in Figures 2-4. The project area currently contains development as shown in Table 1. TABLE 1 P1x LLUEL0QMW CmMercial 6 Go a meat Retail/Service Attraction/ Office Space Space Hotel Residential Institutional Recreation (Sa. Ft.) .. (So. Ft.) Room) (Mls) (Sq. Ft.) . Ft. 14984096M 4,7229700 6,520 3,075 34,400 59000 Sol In: ADA For additional development within the study area, the analysis has been broken into three phases spanning the period 1987-2005. The amount of projected development, both total and by phase, is shown In Table 2. The proposed development is further broken into sub -areas by phase in Table 3. The Master Development Plan is shown as Figure 5. 5 87-1148 n TABLE 2 PRoPoSED DEVELOPMENT BY PHASE Wholesale/ Attractions/ Government Office Retail/ Service Hotel Residential Convention Industrial institutional Recreation Phase Office (S9. Vt•) {Sq. Ft.) - ISq. Ft.) tRr�aea) (Dwelling Units) tSq. Pt.) (Sei. I (1967-1992) 7#100,000 300,000 1,050,000 1,000 3,550 500,000 1,050,000 300,000 3,400 - - 1,600 11(1993-1998) 3,600,000 250,000 400,000 500 2,550 - %o III(1999-2007) 3,740,OOQ 200,000 500,000 1,100 2,92Q - 11050-000 300,000 5,000 750,000 1,950,000 2,600 9 020 , 500,000 2,100,000 600,000 10,000. TOTAL14,400,000 SOURCE: ADA i 1� TABLE 3 Phase III Sub -Arm Ind Use Phase I Phase It (Tbtal) Omi: Office 110009000 S.F 1,7001000 S.F. 2,8009000 S.F. Gacrernme:t Office 1509000 S.F. 1509000 S.F. 150,000 S.F. Retail/Service 509000 S.F. 1000000 S.F. 2009000 S.F. Hotel O pm. 500 Ras. 500 Pals. Residential 500 Mb 800 MIS 11200 Ws Convention 250,000 S.P. 250,000 S.F. 250900D S.F. trial 1,000,000 S.F. 1,0009000 S.F. 2,0009000 S.F. ®: Office 3,100,000 S.F. 495009000 S.F. 5,800,000 S.F. Government Office 150:00D S.F. 400,000 S.F. 600,000 S.F. Retail/Service 650,000 S.F. 900900D S.F. 1,1509000 S.F. Hotel 650 pm. 650 Ras. 1,750 Phs. Residential 19000 DUs 19800 DUs 2982D DUs Convention 2509000 S.F. =1000 S.F. 5009000 S.F. trial 501000 S.F. 50,000 S.F. 1009000 S.F. Institutional 300900D S.F. 300,000 S.F. 6009000 S.F. Attractions/Recreation 39400 Seats 5,000 Seats 10,000 Seat Bridoell:Office 3,0009000 S.F. 49500,000 S.F. 5,800,000 S.F. Retail/Service 350,000 S.F. - 450,000 S.F. 600900D S.F. Hotel 350 Rms. 350 Rms. 350 Rms. Residential 2,050 DUs 3,500 DUs 51000 Ws * The amants of dmlopmeit are cumulative by phase. SOL E: AM 10 8 7-1148 _ . IT rj MACARMUR M\ 9 ST NW 7 S1 NW 6S? N\\ a Sj ��;' _ \ ! .V\\ 7 Sl ��\�•aN�N' A S%v Is] `+z� `- S\� 3 Ss. — SN 4 S1! � sN SSIr� S\\ 6 S1 _/= . 7AV- S\\ 7 SI - S" s SIB=-� S\\ 9 S►— Y SOUTH FLORIDA REGIONAL PLANNING COUNCIL MASTER DEVELOPMENT PLAN ®Central CommercialGovernment Office High Intensity `_J Institutional General Commercial ' Moderate Intensity Special mixed Use Liberal Commercial v 11W1111111J1 Whnlacalp 'Indimtrial Parks Source: Applicant FIGURE 5 NOT TO SCALE 87-1148 PART II - PROJECT IMPACTS AND ISSUES A. ENVIRONMENT AND NATURAL RESOURCES Table 4 summarizes potential impacts of this development on the natural environment. B. ECONOMY = 1. Project Costs -- Table 5 summarizes project costs, including construction employment. TANZ 5 CT4STME= 00STS Total Cbst Item Phase I Phase II Phase III Projet Land S 57890419200 $ 347917392M S 3339234,000 51,25894489000 Labor 4919626,692 252,087,228 3201750,712 1,064,464,632 Materials 19008,333,144 517,060,5B0 657,9079170 2,183,300,894 Interest 129,642,833 66,479,217 840588,064 280,710,114 Preliminary 509416,657 25,853,O29 Pl ft 32,895,358 109,165,044 TOTAL $29258906O,526 $192089653,254 $10429,375,304 $4,896,O89,OB4 1 Total Construction Bployme: t - 449198 epluyee-years Canstsuctian Wges - $24,084 per esplayee-year * 1987 dollars SOUKS: ADA 12 87 -1148 TAME 4 issue Omment Air Quality lane impact of this project an air quality has been identified as an issue which will be addr%-sed in future Impact Assessment Reports for incremental dei+lopmeit approval for this project. water Quality Groundwater 'Due project site aysrlies a portion of the Biscayne Aquifer consider d to be a zone of salt- water intuvsian. Groundwater tests done by the USM and EEM dvded that the chloride contra- - tions in the Aquifer in this area ameed 195M mgn, renderirg than an unsuitable source of potable water. The water table in this area lies, an the average, 2 to 5 feet belov the surface. Seven WGS monitoring wells were used to obtain _ grandvater samples. Two of these are within the area of the Downtown Mind DR1. Bach well was tested for 12 omtituents. 'fie results were typical for gr=xMters in coastal urban areas. Surface waters M*x+e are no surface waters on the site itself. The area is bordered on the east by Biscayne Bey, a State aquatic preserve and designated as Out- ' standing Florida waters. 7he Miami River flows = dw:u n the carter of the area from west to east. Water samples were t&m by MPH at 4 monitoring stations in the Bay and one in the Miami River. — 7he overall quality of the water in Biscayne Bay is good► with some degradation in areas where — = stormwater is directly disdurged into the surface waters. As the stasmuater v mgement systems in the area are retroffited, time probllem areas should imprim. 7he water quality in the Miami IUker is not as good but should also improve as stomater management systems improve. The = removal of pollutant sediments will also — significantly improve the quality of these awface waters. Staff feels that the prvvisiors contained in — Conditions 5, 6 ad 7 in Part 1V of this report. _ will help to alydo' future impacts on both gm d and safaoe waters in this area. 13 87-1148 TABLE lbontumd) • A major continuing source of groundwater and surface water pollutants is storaater tumff. Runoff generated at the beginning of a rain (first flush) contains most of the pollutants that are washed from impervious surfaoee, such as paridrg lots. Une first hush should be both retained on -site and cleansed so that pollution is minimized. Retention of stotmwater can remove a majority of these pollutants and pment runoff from negatively impacting the Aquifer and surface waters. The Dantown Miami area is largely impervious surface. Qrrently, the predominant mode of — stormWater nmff disposal is through positive outfall (no pretreatment) to the Miami River and _ Biscayne Baby. Appradmiately 40 percent of the study area runoff flaws to the Mind River and 60 percent to the Bay. However, any area which has undergone development cc redevelopment since 1990 has bees required to retain the first flush (first inch) of runoff. New devr'.lopment permitted In this area will also be required to retain at least the first inch in structures, such as on- - site drainage wells, exfiltration trendhes and - other subsurface exfiltration systems. bmess of the first flush will be directed to drainage wells which discharge into the Aquifer or which outfall — to the River and the Bay. It is estimated that by Phase ffi, 72 percent of excess ruwff vill be dimmed of In drainage wells disidurging to the Aquifer. The improvements to the drainage systems in the project area vill help deausse pollutant loadirg in the Bay and the River. In sumuary, Applicant designt construction, and operation of the project drainage system, aeeordirg to the standards specified in Condition 6 in Part IV of this repot will - significanntly, but not totally, reduce impacts on the Bisayne Aquifer, BiscWn>Ie Bap►, and Miami River. It is anticipated that the igAeme station of this Cnnditian will improve the eadstirg quality of the Biscayne Bay and the Miami River. Bazarft Materials While stormter runoff continually degrades waster quality, another source of water pollution, If disposed of or treated iaoiroperly, is hazardous materials. Exhibit 1, included at the end of this Assessment, is a list of Standard Industrial Classification (S[C) codes for facilities that have been fond to produce one or mote of the hazardous wastes listed in Wdbit 2. 'these lists 14 8'7-1148 0 TANZ 4 (Continued) ere from the Quality Assurance Act regulatta n, and all facilities that fall within these SIC coders are requited by the Act to provide informa- tion regarding types and amounts of wastes generated and haw this waste is managed. Waxal of the SIC codes in Udbit 1 include facilities that, according to the Applicant, are expected for the remainder of this development - M e requireaeuts specified in C dition 7 in Part IV of this report will reduce the possibili- ty of adverse Impact an regional water quality from hazardous materials. IMnd and Soils go soils currently an the project site are of the RoaldWe fine sand associations. All areas are covered by a awe to five foot deep layer of sand fill. Any limitations to development due to soil composition will be overcome by the use of standard e1gineerirg techniques. Flood Prone Areas The FederaI bargexy ftogenent Agency has des4sted sink flood zones vithin the project area. The majority of the area is'estegorized as A17 with a base flood elevation between 11 feet and 13 feet above mean sea level. This area, alag with areas classified as A15 and A14 are in the 100-year flood plain. Mee coastal area is classified as V21 and is in the 100-yeer coastal flood plain. Western portions of the site are classified as either B (between the limits of the 100 to 5W year storms) or C (areas of minimal flooding). The P lowest floor elevations for the buildings within the project area will aset all DFM and FMA guidelines and standards for each flood zone. Vegetation and Due to the h4#ay urbanized nature of the project Wildlife site, there is little or no ratunral vegetation present. The majority of the vegetation occurs in the four aanicipa3. packs or as part of the land - Seeping for individual projects. Several native vegetation plant species have been used in the parks and for landscqft. There are no race a P,is1V1te+d plant species known to exist on the project site. Condition 8 in Part 1V of this spoor t will halp rscI the spa+eMd of invasiVe erotic plants within the region and also reduce the need for eaocessive irrigation, fertilizer ize and dad=] use. Most of the wildlife within tine pcorject site are those Species adapted to urban areas. Two animal is 97-1148 TX$ Atomtintied) species listed as "endargered" by the U.S. Fish and Vi1dlife Service inhabit the project area. Manatees are frequently sighted in the Miami River and Bisca net Bevy. Ile &= Pelican irnhabits seMeral areas where there are pilings and bridges for perching (i.e. MHamariaa, Miami River Bridge). Impacts to these species vill be minimized by posting signs and other information in areas fregntnted by these animals. Condition 9 in Part IV of this report vill help minimise the impact of developmt on endangered species. WetImAs Them are no wetlands on -site. Beem of the location and nature of the dewlq nent, the _ creation of wetlands as part of this project is inapporopriate. Historical and 'Within the Damtown Miami Ma study area boud- Ardueological Sites arias are a wealth of historically and ardumlo- gically sigxnificarnt ream a n s. 7har+ee are currently 8 properties listed in the National Register of Historic Places; another 7 have been detendned eligible for ra rnation. Tien proper- ties, irncludirg several of those on the National Register, have been designated as Local historic sites under the City's Heritage CwAervation Ordinance. Another 26 sites, objects, arid, — districts are cmidesed potentially eligible for n zination to either the National Register and/or as locally historic sites (Figure 6). In addition to the historically significant properties noted above, 11 archaeola d cal zorws have been identified by the Dade Canty kvhaeolo- gist (Figure 7)• There are-%-mral ways in which these resources will be protected. In 1982, the City adopted a Heritage Cmaevation Ordirwm, allmirg for the review of all prof o0ed activities affecting desiguted historic sites and districts, as well as archaeological zones. The City's Plan nirg Department is currently sedit the heritage cm- servat1m designation for all properties listed in Pisure 6. In addition, the Planning Department is in the process of nm dmting all eligible properties within the Downtown IIM at* area (Figure 6) to the National Register of Historic Places. Omditions 130 14 and 15 in Part IV of , this report address the preservation of historical and archaeological properties: : and sites. 16 8�'-1148 AOOKn Emit CAT[oCRT, AUK N. E. 1 Avenue Central Baptist Church DOE 1. IO tiscsyne Boulevard NUllister Motet n. 2S. 22 122 1.27 N. E. 1 Avenue Kentueky Nomeo 2. IN Biscayne Boulevard Beret A9orwnts 26. 120 M. E. 1 Street $Moreland Arcade - 3. 6s0 Biscayne Boulevard Teaato i Station 27. 139 N. E. I Street Meyer -Kiser Building - 4. 600 61scayne Boulevard Freedom Terror NR/CHNS 21. 121 S. E. 1 Street City National Bank - I. 1300 ttsCayem Boulevard Seers. 6eNuct and Co. DOE Wilding _ 6. 1401 Biscayne aalevard Shrine Wilding 29. IN S. I. 1 Street Huntington Wilding CwS 7. 601 Brinell Avonua Picket/ Nawoleue 30. 111 M. E. 2 Avenue Can m$ Wilding 0 6. 9. 609 Brickell Avarua 169 E. Flagler Street First Presbyterian Church Alfred 1. dOont Wilding 31. 32. 25 S. E. 2 Avenue 116-30 M. E. 2 Street IntraMam Building 6e5u Church and Rectory CwS atChM$ Ia. 174 E. Fleglar Street Olyagla Theater and Office Wilding NR/CHKS 33. 34. 60 S. E. 4 Street Real Palm Cottage CMHS _ 22 N. E. 6 Street William H. Chaille House DOE U. 24D E. Flegler Strom t Wig off 35. 49 N. W. 5 Street Salvation Army Citeael COE/CMHS U. 303 E. Flaoter Street Elks ledge No. 90 36. 10, 14, 16, 2B, 38 S. E. 6 Southeast nth Street now 13. 73 M. Flegler Street Cade County Courthouse DOE/CWS Street 14. 401-67 N. Mardi Avow and Meath City Hall Chmille Vock DOE 1433- 37. 190 S. [. 12 Terrace Or. James Jackson Office ids/CNKS 443 only) 36. 45 S. W. 13 Street Southaide School 15. 1367 N. Mani Aaenw Citimnnn "a 39. 464 N. E. 16 Street Trinity [01"W41 Church a 16. 1401 N. Mami Avenue Firm Station Na. 2 40. E. Flagler Street. M.E. 1 Dantorrn Mew Commercial 17. 1000 S. Mari Avenue Fire Station No. 4 NR/C"KS Street. N. Maud Avenue Historic District - 18. = S. MOM Avenue Narttw Apartments Vicinity - It. 1150 S. Mani Avenue Milford N. Burkhart Nw" DOE 20. ISO N. 9. 1 Avenue Old Y.S. out Office and 'CATEGM3 ' Cwrtiruse 21. 117 N. e. 1 AYemNm Secariq Wilding = NR - National Register - listed 22. 140 N. E. 1 Avww Wildlnntg DOE - National Register - determination of eligibility 23. 300 N. E. 1 Avenue Y.S. lost Ace and Courthouse NO a" - City of Mani Historic Sits SOUTH FLORIDA REGIONAL PLANNING COUNCIL HISTORIC PLACES Properties listed in or potentially eligible for the national register of historic Places and/or as City of Miami Historic Sites. FIGURE 6 NOT TO SCALE 8 7-1148 Imila 'Mill 1110 - 2. Permanent Employment Table 6 summarizes the project's permanent employment. - PEW4NW TAME 6 Eff O MM Phase Retail Office IMIUstrial Total I 11553 32,886 1,051 35,490 n 857 17,111 -0- 17,968 M 1.005 17,334 19096 19,435 TOTAL 31415 679331 2,147 72,893 SOLD: ADA, SFItPC About 25 percent of the jobs, 18,223 employees, can be considered new to the Region. Table 7 summarizes the indirect and induced effects of these new employees. 3. Fiscal Impact Table 8 summarizes the fiscal impacts of the development on the Region using 1986 millage rates and historical average expenditure rates. 19 97--11 S TABLE 7 i�lA m EMODW 11p1 A. 04PLOYMEW SO. FLA. PALM BROWARD DADE MONROE REGION BEACH AGRICULTURE, FORESTRY, FISHING* 0. 0. 0. 0. 0. AGRICULTURAL SERVICES 64. 95. 22. 180. 66. MINING 8. 16. 1. 25. 1. CONSTRUCTION 583. 937. 25. 1547. 322. MANUFACTURING 644. 2251. 6. 2901. 550. TRANSPORTATION AND UTILITIES 627. 3317. 28. 3972. 296. WHOLESALE TRADE 280. 1450. 10. 1740. 141. RETAIL TRADE 4098. 8046. 250. 12394. 2157. FINANCE, INS. AND REAL ESTATE 4700. 31371. 117. 36188. 2210. SERVICES 5153, 20950. 243. 26346. 2689. GOVERNMENT* 0. 0. 0. 0. 0. TOTAL 16157. 68434. 703. 85293. 6433. B. TOTAL WAGES (1000 S) AGRICULTURE, FORESTRY, FISHING 147. 492. 0. 638. 1460. AGRICULTURAL SERVICES 417. 701. 156. 1274. 462. MINING 63. 14). 10. 214. Ill. CONSTRUCTION 6684. 9530. 367. 16581. 3766. MANUFACTURING 5861. 23460. 91. 29412. 4046. TRANSPORTATION AND.UTILITIES 9689. 42862. $95. 53146. 4665. WHOLESALE TRADE 3161. 16696. 202. 20060. 1888. RETAIL TRADE 24173. 44302. 1727. 70202. 12180. FINANCE, INS. AND REAL ESTATE 27983. 407850. 964. 436797. 14883. SERVICES 44234. 202420. 2992. 249646, 24502. GOVERNMENT 4038. 9394. 238. 13670. 2272. TOTAL 126449. 737847. 7343. $91640. 70235. C. VALUE OF OUTPUT (1000 S) AGRICULTURE, FORESTRY, FISHING 696. 2337. 0. 3036. 6940. AGRICULTURAL SERVICES 1160. 1949. 434. 3542. 1286. MINING 246. 560. 40. 847. 439. CONSTRUCTION 42969. 61267. 2362. 106598. 24210. MANUFACTURING 30273. 121lSO. 472. 151925. 20900. TRANSPORTATION AND UTILITIES 30338. 134210. 1663. 166411. 14607. WHOLESALE TRADE 6204. 32768. 397. 39370. 3706. RETAIL TRADE 54968. 100740. 3927. 159635. 27698. FINANCE, INS. AND REAL ESTATE 149550. 2179700. 5150. 2334400. 79541. SERVICES 92012. 4210". 6224. 519286. 30968. GOVERNMENT 5556. 12921. 284. 18761. 3133. TOTAL 413976. 3068682. 21154. 3503812. 233427. D. VALUE ADDED (1000 S) AGRICULTURE, FORESTRY, FISHING 346. 1158. 0. 1505. 3440. AGRICULTURAL SERVICES 647. 1067. 242. 1977. 717. MINING 153. 346. 25. 524. 271. CONSTRUCTION 7427, 10590. 408. 18426. 4185. MANUFACTURING 11885. 47573. 185. 59643. 8205. TRANSPORTATION AND UTILITIES 20762. 91847. 1275. 113884, 9997. WHOLESALE TRADE 3958. 20903. 253. 25114. 2364. RETAIL TRADE - 27764. 50885. 1984. 80633. 13990. FINANCE, INS. AND REAL ESTATE 67174. 1270500. 3002. 1360676. 46365. SERVICES 61719. 282430. 4175. 348324. 34188. GOVERNMENT 4456. 10530. 230. 15216. 2498. TOTAL 226292. 1787850. 11779. 2025921. 126220. • Dollars-to-Emplorient Conversion Factors are not available for these industries. Note: Numbers eaV not total due to rounding. SOURCE: SFRPC 20 8 7-1148 rs N NAME OF DEVELOPMENT DOWNTOWN MIAMII TOTAL PROJECT LOCATION CITY MIAMI COUNTY DADE SPECIAL DISTRICT SFWMO/DDA/LIBRARY SCHOOL DISTRICT DAD£ TYPE OF DEVELOPMENT MIXED TYPE. or DWELLING UNIT SINGLE-FAMILY MULTI -FAMILY MOBILE -HOME TOTAL 0 9020 0 9020 NUMBER OF UNITS NUMBER OF STUDENTS PER UNIT 0.00 .27 0.00 NUMBER OF PERSONS. PER UNIT 0.00 1.77 0.00 TOTAL NUMBER OF STUDENTS 2435. RESIDENT POPULATION 15965. NUMBER OF EMPLOYEES 72893. PROPERTY VALUE 5309710336. ANALYSIS CONDUCTED USING AVERAGE COEFFICIENTS CITY COUNTY SPECIAL DISTRICT SCHOOL DISTRICT TOTAL OWE -TIME REVENUES 0 2947190. f 2413620. f 0. • 0. $ 5360800. TOTAL NEW ANNUAL EXPENDITURES f 18084840. f 20978648. f 2846869. 4 6163152. A 48673520. TOTAL NEW ANNUAL REVENUES f 42951552. $ 39445472. f 5914034. * ^.3506t19b. $111817152. NET SURPLUS 4 DEFICIT 1 f 24866704. f 18466024. f 3067165. !� 16742944. f 63143h32. C. PUBLIC FACILITIES I. Water, Vastewater, and Solid Waste Table 9 summarizes the project's impact on vater supplies. It can be derived from Table 9 that the total proposed development vill generate a demand for an estimated average of 4.47 million gallons of vater per day. This results in an estimated peak demand of 11.18 million gallons of vater per day. TAM 9 PiiQW= DOid+ M PRO= APPA W= MMA D QM) Downtown Ramilative Projected Projected Projected Countywide Depend Downtown Demand Uwsed Capacity Permitted 2.73 2.73 18 de %1Opment Phase I 2.14 4.87 40 Phase II 1.33 6.20 46 Phase III 1.00 7.20 15 SOU RM., ADA Table 10 summarizes the project's impact on vastevater capacity availability. It can be derived from Table 10 that the total proposed development vill generate a need for 3.59 gallons of vastevater treatment capacity per day on average. This results In an estimated peak need for 8.97 million gallons of vastevater treatment capacity per day. 22 8 7-1148 TAKE 10 PRWBCI'EQ DOHNM PRWBCr AREA VAST OER FM (N3D) DDwntovn OA&"tive Projected Projected Projected Countywide Demand Downtown Demand Mused Capacity Permitted 1.62 1.62 22 &w1opaa:t Phase I 1.74 3.36 26 Phase II 1.04 4.40 53.5 Phase III .81 5.21 27.95 SOUXE: ADA Table 11 summarizes the project's impact in regard to solid vaste generation. TABLE 11 CIMA.ATM PRWBCM SOLID VASM GRUATICN. Phase Tcns per DW Qibic Yards per Deyr I 119.13 650 II 187.78 1IM5 256.55 1,400 SOERCE: ADA 2. Energy► The peak electical demand for the Dovntovn Miami Development of Regional Impact study area in 1985 vas approximately 290 MVA (Million Volt -Amps). Vith the equipment currently serving the 23 8 7--1148 area (6 substations and 66 feeders), total capacity available Is 500 MVA. Therefore, the existing excess capacity is approximately 210 MVA. Peak demand by the year 2000 is expected to be 540 MVA. With the anticipated addition of new equipment to serve the study area (2 additional substations and future feeders), the capacity vill be available to serve a total demand of 1,150 MVA. Florida Pover and Light (FP&L) does not anticipate problems in providing electricity to future development vithin the study area. FP&L maintains sufficient available capacity at any given time to serve not only present demand, but the projected grovth in demand over a ten year period. - The City of Miami has no plans at this time to monitor the energy consumption or demand of development vithin the study area. It is felt that FP&L planning and operation procedures vill ensure the availability of sufficient capacity. In the event that problems arise in meeting customer demand, the City vould consider requiring the issuance of a "demand/service certificate" -from FPbL certifying there is sufficient capacity available to serve a given project as a prerequisite to the issuance of building permits. 24 S 7-1148 Energy conservation Will be achieved through conformance with the State of Florida Energy Efficiency Code for Building Construction (See Condition 12 in Part IV of this report). 3. Police, Fire, and Emergency Medical Services Table 12 summarizes police, fire, and emergency medical service availability. TAKE 12 POLICE, FnM, ADD DOW= MEI=C(1 SFBV M Service Provider location Response Time Police City of Miami • Miami Police Station 3-5 minutes 400 NW 2rd Aven<:e • OvertoWn Mini Station 3-5 minutes 16M NW 3rd Avenue Fire City of Miami • Omni Fire Station #2 Less than 4 1901 North Miami Ave. minutes • COD: Fire Station #1 Less than 4 144 NE 5th Street minutes • Bridcrell: Fire Station #4 Less than 4 1105 SW 2nd Avenue minutes - -_ Medical Dade Canty • Jackson Memorial Hosp. - Services Federal Gov't. 1611 NW 12th Avenue Private Sector = - • Cedars Medical Cuter - 1400 NW 12th Street - • Victoria Hospital - - 955 NW 3rd Street — • Veterans Administration - Hospital - IMI NW 16th Street SOURCE: ADA• — 25 - r 97-IL14S 4. Education Table 13 summarizes the estimated student population that would be generated by this project. The Applicant projects a total of 2,473 additional students due to the new housing units over the next twenty years. TAKE 13 C[l4111 ME ESMVM SMMT POPlA1MON Total Project Area phase I phase 11 Elementary 512 849 Junior High School 309 508 Senior High School 210 347 Tom, 1,031 1,704 By Sub -Area: J'M Elementary Junior Senior High CM Ele wtary Junior High Sd=l Senior High School Bridatl Elementary Junior High School Senior High School SOURCE: ADA Phase I 68 30 27 ■0� 1,236 731 5M 2,473 Pie 11 Phase M 109 163 48 72 43 65 87-1148 0 According to the Applicant, the School Board has not specified how the new growth will be accommodated. An option to the School Board will be to adjust the attendance boundaries. Condition 11 in Part IV of this report addresses these impacts. 5. Housing The Applicant proposes residential development of 9,020 dwelling units to be built over the three phases of the project. The breakdown in phasing of the housing units by housing type is shown in Table 14 below. Housing Type Phase I Phase II Studio/One Bedroom 1,491 1,071 Tvo Bedrooms 1,775 1,275 Three Bedrooms and more 284 204 TOTAL 395W 2,550 SO=: ADD Phase IQ . Total Project 1,226 3,788 1,460 4,510 234 722 2,920 99020 The goal of the Downtown Miami DRI in regards to housing is to provide a match between the future supply of housing units and 27 i the future demand for downtown housing. This means providing a sufficient number of units in each price range to meet the demand of the low, middle, and upper income groups that choose to live downtown. To understand the implications of this housing goal, three questions need to be studied: a) What is the present range of housing opportunities? b) What is the future demand likely to be? c) What is the challenge in matching future supply with future demand. Though recent research has not been conducted to provide conclusive answers to these questions, generalizations can be discussed. 1. Present Range of Housing Opportunities Generally, the present range of housing in downtown Miami is characterized by extremes. The majority of units are priced for either the low income family (50-80% of median Income) or the high income family (120%+ of median income). Many people who work in dovntown Miami are in the middle income group (80-120Z of median income) but are 28 87-1145 t"N forced to live outside of the area because of the lack of suitable housing opportunities. 2. Future Demand — Housing demand is expected to increase vith population for all three income groups, vith the middle income group shoving the greatest change. Table 6 summarizes the permanent employment opportunities expected in each of the three phases of dovntovn development. Over 90 percent of the jobs fall into the "office" category vhich tend to be white-collar, middle income positions. Therefore, it is realistic to expect this sector of future housing demand to show the greatest grovth. This does not imply, however, that future demand for very low and high income housing vill stagnate or decline. Demand from these tvo sectors vill also increase. 3. The Housing Challenge The challenge in providing housing in dovntovn Miami will be to discourage the displacement of lov-income families through the demolition and conversion of low-income units to provide more middle -income housing. Such activity would not allov the achievement of the project goal: to match future supply with future demand. Instead, it would only represent a shifting of the housing deficit from the 29 9i--1.14S I It N middle income sector to the lov income sector. Because lov income families have limited resources, alternative housing opportunities for this group are also limited. For this reason, special attention should be paid to increaing the supply of lov-income units to produce a net gain of low-income housing opportunities vithin the Miami housing market. Though the geographic distribution of housing by price range is likely to change within the study area (DRI boundaries), the locational shift or E dispersion of lov-income housing vithin the City of Miami (jurisdictional boundaries), should represent a net gain in lov-income housing opportunities commensurate vith the increase in demand. — D. TRANSPORTATION The impact of this project on transportation has been identified as an issue vhich vill be addressed in future Impact Assessment Reports for incremental development approval for this project. 8'7-1148 PART III - COMMENTS FROM OTHER REVIVING AGENCIES This section contains comments sent to the Council by other agencies revieving the Dovntovn Miami - Master DRI. 31 = 87-1148 It FLORIDA DEPARTMENT OFSTATE George restom DIVISION .OF HISTORICAL RESOURCES S. F. R.A. Gray Building �• �� C. Tallahassee, Florida 32399.0250 (904) 488.1480 J'W 2 81987 - June 22, 1987 In Reply Refer to: Mr. Louis D. Tesar Historic Preservation Supervisor (904) 487-2333 Project File No. 103 Mr. Jack Osterholt _ Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard Hollywood, Florida 33021 RE: April 15, 1987 letter and attachments _ Cultural Resource Assessment Request _ Application for Development Approval (ADA) Downtown Miami DRI, Dade County, Florida Dear Mr, Osterholt: We have reviewed the historic preservation aspects of the above cited document and find them to be complete and sufficient, and to adequately address historic preservation concerns within the subject area. We recommend acceptance of this portion of the Application for Development Approval. If you have any questions concerning our Comments, please do not hesitate to contact us. Your interest and cooperation in helping to protect Florida's archaeological and historical resources are appreciated. Sincerely, W ps �4),Aw Gp�r W. Percy,Director Div on of Historical Resources cc: Ivan Rodriguez Sarah Eaton Archaeological Research Florida Folklife Programs Historic Preservation Museum of Florida History (904) 487.2299 (W4) 397.2192 32 (WO 487.2333 (WO 488.14 - %7-JUH SERGIO RODRIGUEZ r`' " ��_, CESAR H. ODIO Director ' City Manager 7p CO frC�� Si Fi . a�a Va JUL 241987 July 21, 1987 Mr. Jack Osterholt - Execut*ive Director - South Florida = Regional Planning Council 3440 Hollywood Boulevard - Hollywood, FL 33021' 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, C-0-2 0-.L 4 C.'L Joyce A. Meyers Project Manager Downtown Master Plan/DRI JA.14/vh cc: Sergio Rodriquez, Director/Planning Department Peter Andolina/Downtown Development Authority Robert Sechen Joel Maxwell Kahart Pinder vh/87/081 PLANNING DEPARTMENT/VS N.W. 2nd Street/Miami, Florida 331m/(305) $79.6066 Madinil Addreu • RO.loa 33t1706 / Miami, Florida 33233.W= 33 8 7-1148 METROPOLITAN DADE COUNTY, FLORIDA Mn"OADE u • : % L- i METRO•DADE CENTER OFFICE OF COUNTY MANAGER SUITE 2910 I N.W. ttt STREET �� J] MIAMI, FLORIDAt)RID3.1128•1991 M) 37"311 July 14, 1987M r ^ Mr. Sergio Rodriguez City of Muni Planning Department 275 N.W. 2nd Street Miami, Florida 33128 Dear Mr. iguez: The purpose of this letter is to formally submit to the City of Miami Resolution No. MPO 15-87 Miami MPO concurrence with the designation of Downtown Miami a Special Transportation Area, including concurrence with the levels of highway service and area boundaries - reccma m%W by the City of Miami. 'the Metropolitan Placating Organization, Board unanimously passed this at its meeting of July 7, 1987. _ Should you have any questions concerning this, please contact the MPO Secretariat's office at 375-4507. JuvxrsiJm MM:7/14/87: jm 34 N7— 14 - 1 � 4 1 RLS( CN W. MPO 15-87 A RESOLUTION APPROVn;G MIAMI MPO CMVURF2= WITH 7HE DESIGNATION OF DOWNlC1WN M M1 AS A "SP ML . MWWOMON AREA, 11 CUJDDU =VURRENCE W17H 7 LEVELS OF HIGHWAY SERVICE AM AREA BOMEARIES RE M+2=0 BY Tim CM OF MIAPB". WHEFM,S, the Interlocal Agrewmt creating and establishing the Metropolitan Planning Orgganization for the Miami Urbanized Area requires that the Metropolitan Planauir>R Organization Governing Board provide a structure to evaluate the adequacy of the transportation planning and programming process, and take action to ensure that legal and procedural requirements are met, as mare fully described in the Prospectus for Transportation Improvements for the Miami Urbanized Area (Second Edi- tion), and WIOMAS, the City of MUML has requested MPO concurrence with the Special Area designation action as reflected in the attached correspondence from the Downtown Development of Regional Impact Project Manager, and WHEREAS, a subcommittee of the Transportation Plan Tedmical Advisory Committee (TPTAC) has been discussirig the various issues involved in the special designation action, and tdHI M, staff of the various entities involved have participated In reviews concenning the proposed designation and all conga with the reca®endation on levels of highway service for the area and area boundaries as detailed in the attached letter from the DRI Project Manager. U EU:AS, the Transportation Plart ring Council 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 Regional Impact (DRI) and wishes that these concerns are adequately addressed in the DRI process. NOW, 200 , BE IT RESOLVED BY 7HE GOVERNING BOARD OF 7HE M£' .TTAN PIA NNM ORGANIZATION FOR 7HE MIJAM URBANIZED AREA: Section 1. That the MPO Board approves concurrence with the designation of Downtown Miami as a "Special Transportation Area" to Include the area boundaries 7eca®mende1 by the City of Miami. Section 2. That this concurrence includes endorsement of the highway levels of service rec=mmded by the City of Miami provided that the final annd &Moved DEiI document includes appropriate and timely air quality impacts mitigation measures. Section 3. That not withstanding the stated concu rTence with the proposed levels of highway service, which include level of service D on RFSM:74: jm 35 W--114S P the Interstate Highway System, every effort should be made to strive for level of service C on the interstate highwy segments affected by this DRI, The foregoing resolution was offered by Commissioner Clara Oesterle who mmvd its adoption. Zhe motion was seconded by Commissioner Beverly Phillips and upon being put to a vote, the vote was as follows: Commissioner Barbara M. Carey - present C amissioner Clara Oesterle - present Cmuissioner Beverl Phillips - present Camedssioner James Redford - present Csmdssioner Harvey Ravin - present Commissioner Barry D. Schreiber - absent Cwcdssioner Jorge E. Valdes present Commissioner Sherman Winn - present Mayor Stephen P. Clark - present The Chairman thereupon declared the resolution duly passed and adopted this 7th day of July 1987. M: P PCILIW PLANN= ZATIM" FM THE Pili4i�II-- AREA 2 By Jose- seta PLO Secr ariat r: RESMPO: 74 : jm 36 87-1148 Sawith FloridaAW aonn A WOdrlSks. E:ectltive Director Tltord C Creel. Deputy Execubw Dlrenor Water Management District Post Office Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416-4680 Telephone (305) 686-8800 c+ A 'Florida WATS Line 1-800-432-2045 September 15, 1987 S. R' �• IN REPLY REFER TO: Jack Osterholt, Executive Director South Florida Regional Planning Council 3440 Hollywood Blvd., Suite 140 Hollywood, FL 33021 Dear Mr. Osterholt: Sf -p 211987 Enclosed is the officially approved copy of the District's Impact Assessment Report for the Downtown Miami Development of Regional Impact. The report was approved by the Governing Board on September 10, 1987. The draft Impact Assessment Report, of which you received a copy, was modified by District staff prior to approval by the Governing Board. The revisions are as follows: 1. Page 2, CONCLUSIONS AND RECOMMENDATIONS. Water Use The last sentence, indicating the acceptability of using potable water for irrigation purposes, in the second paragraph of this section was deleted and replaced with the following sentence: -The District will require the -Miami -Dade uaina r non -Dora 2. Page 5, WATER SUPPLY AND DEVELOPMENT -Checklist, Footnote 1 The last sentence of the first paragraph was revised to reiterate the District position that the Authority will be required to examine alternative sources of non -potable water when it applies for modification to the Water Use Permit. The first sentence of the second paragraph was revised to require, not just consider, the utilization of Xeriscape landscaping. We appreciated the opportunity to participate in the review process. If you should.have any questions regarding this assessment, please feel free to contact David Thatcher, District DRI Program Manager, or myself. Sincerely, Richard A. Rogers, P.E., Director Resource Control Department RAR/DT/cm Enclosure cc: Doran Janson Arsenio Milian Nancy N. Room J D. York Chairman - Plantation Vice Chairman • Palm City Nathaniel P Aeeo Oscar M Coroin. Jr Arsenio Milian Fritz Stein James F. Garner Mike Stout Doran A Jason Mope sound Ft Myers Miami Belle Glace Ft Myers wincermere Key Biscayne 37 S7-1148 -= \_ I II 1 IMPACT ASSESSMENT REPORT Prepared by South Florida Water Management District PROJECT SUMMARY Project: Applicant: SFWMD IO No: Location: Size: Existing Land Use: Proposed Land Use: Office: Government Office: Commercial: Convention: Institutional: Wholesale/ Industrial: Attractions/ Recreation: Hotel Rooms: Dwelling Units: Population: DRT Threshold: O or Ar 00 � \ � vF��v�'vG O Downtown Miami Downtown Development Authority, City of Miami 86-247 City of Miami, Dade County 1.6 square mile Urban, Mixed Use 7,100,000 square feet 300,000 square feet 1,050,000 square feet 500,000 square feet 300,000 square feet 1,050,000 square feet 3,400 seats 1,000 rooms 3,550 units Downtown ORI review requested by City of Miami, DRI threshold not applicable POTENTIAL FOR ADVERSE REGIONAL IMPACTS SUMMARY Category Minimal Significant Major Surface Water Management - Quantity X Surface Water Management - Quality X Water -Related Vecetation/Wildlife X Water Use X Wastewater Treatment b Disposal X �.r 38 87-1148 III CONCLUSIONS AND RECOMMENDATIONS In reviewing the available information, District staff have concluded that the Downtown Miami DRI could be developed in such a manner that regional adverse impacts would not be likely to occur with regard to surface water management quality and quantity, water use, water -related vegetation/wildlife and wastewater treatment and disposal. Surface Water Management Regional adverse impacts are not expected to result from this DRI. As existing permitting criteria (District, Dade County Department of Environmental Resource Management and City of Miami) is applied to redevelopment and new development in the area, it is expected that the quality of Biscayne Bay waters will improve. Water -related Vegetation/Wildlife Regional adverse impacts are not expected to result from this DRI. This is a highly urbanized area, in which natural freshwater wetland systems and wildlife habitat no longer exist. As stated above, water quality in Biscayne Bay should improve as the downtown area is redeveloped and current surface water management practices replace the old direct, untreated discharge method. - Water Use Regional adverse impacts are not expected to result from this DRI. The downtown area is served by the Miami -Dade Water and Sewer Authority. Although the applicant did not address non -potable water demands, District staff examined the potential for on -site irrigation wells using the water table aquifer. These are not recommended due to the presence of saline water at in the downtown area. The District will require the Miami -Dade Water and Sewer Authority to examine alternative sources, including renovated wastewater, to supply non -potable uses at the time of renewal of its Water Use Permit. The District recommends that the Development Order for this DRI contain a condition which requires the city to require the utilization of "Xeriscape", landscaping for water conservation, by new developments in the downtown area. Wastewater Disposal Regional adverse impacts are not expected to result from this DRI. area is served by the Miami -Dade Water and Sewer A-thority. The downtown 39 87-1148 Because this is a downtown DRI and not a specific development proposal, owners of individual projects located within the downtown area will be required to meet District permitting requirements for surface water management in accordance with the Master Plan included in the DRI and District rules for general permits and exemptions. _ The Downtown Miami DRI encompasses a 1.6-square mile area located generally west of Biscayne Bay and east of Interstate 95, from N.E. 17th Street to S.W. 15th Road in the City of Miami (see Exhibit 1). The northwest portion of this area abuts the Southeast Overtown/Park West area for which a separate DRI-ADA has been submitted and is currently under review (see Exhibit 2). This DRI-Application for Development Approval was submitted by the City of Miami Downtown Development Authority (DDA) to stimulate redevelopment of the downtown area. By assuming the leadership role in the DRI review process for the entire downtown area, the city accepts the decision -making responsibility (from the regional planning council) for individual DRI-size developments that may be proposed within the area. The Development Order resulting from this DRI review will allow the city to authorize development up to a specified total amount for which infrastructure and services have been planned and committed. The proposed Master Development Plan (see Exhibit 3) is necessarily general in nature, because the City will not act as developer of the.individual projects which will be proposed. The City will construct infrastructure (water supply, wastewater management facilities, stormwater management facilities, streets, etc.) to serve the private developments and regulate these developments according to the provisions of the Development Order resulting from this DRI review: This review has been performed by South Florida Water Management District to provide the South Florida Regional Planning Council with a regional assessment of the water -related impacts of this project from the District's perspective. This assessment is not a permit under Chapter 373, F.S., nor is it a guarantee for said permits. 40 S'7-114S SUBJECT: WATER SUPPLY AND DEVELOPMENT - Downtown Miami DRI No. 86-247 Proposed Potable Water Source: Miami -Dade Water and Sewer Authority Permit No.: 13-00017-W/13-00037-W (1) Expiration Date: 4-91/3-90 Permitted Allocation: 165 MGD/16SMGD Current Usage: 148 MGD/157 MGD Projected Demand of DRI: 2.14 MGD Proposed Non -Potable Water Source: (2) Projected Demand of DRI: (2) P.B A. S. II. WATER USE I`PACTS A. B. OFF -SITE I. Verification of availability See footnotes on following page. 41 RESPONSE I RESOLVABLE I MAJOR IN I AT PERMIT TIME (REGIONAL 8 7-1.148 V �J 1. The Downtown DRI is located within the service areas of two wellfields - the = Alexander Orr Wellfield (permit 4 13-00017-W) and the Northwest Wellfield (permit N 13-00037-W). 2. The city did not specifically address non -potable water demands or = conservation methods. The District encourages compliance with the State Water Policy, which requires using the lowest quality water appropriate for a - particular use. This project is located in an area where saltwater intrusion is - occurring and irrigation wells are therefore not recommended. At the time of application for modification to the Miami -Dade Water and Sewer Authority Water - Use Permit, the District will require the examination of alternative sources, including renovated wastewater, to supply non -potable uses. - 'To further the goal of the efficient use of the water resource, the District will require the city utilize "Xeriscape" during the preparation of final design details for this DRI and any subsequent water use permitting in the downtown area. Xeriscape is creative landscaping for the purpose of water conservation and emphasizes low water -using irrigation techniques, the utilization of drought tolerant/water conserving plant materials and other proper horticultural practices.. 3. The city did not specifically address potable water conservation methods. Because this project involves large scale redevelopment there are significant opportunities for conservation through measures such as minimum -flow plumbing fixtures and self -closing and/or metered water faucets: The city should consider requiring individual projects to utilize these measures. 4. Due to the potential -for saltwater intrusion, withdrawals from the Alexander Orr Wellfield have been limited to 165 MGD. S7-1148 SUBJECT: SURFACE WATER MANAGEMENT - Downtown Miami DRI No. 86-247 Drainage Basin: C-6 and Tamiami East Canal Receiving Body: Biscayne Aquifer, Biscayne Bay and Miami River I. CCEPTABLE I I RESPONSE I RESOLVABLE ( MAJOR IN I AT--PERMIT-TIME IREGIONAL A. QUANTITY CONSIDERATIONS t_ nierharna mathnd_ lacatian and route to receiving water I X I I I 2. Floodplain encroachment I X I I I 3 Net basin storage I N/A I I I 4 Stage/storage I X I I I 5 Control elevations I X I I_ I 6 Water management areas I X I I I_ 7 Minimum drainage I X I I I B. Overdrainage I X I I I 9. Outparcels I X I I I 10 Exfiltration I X I I i 11. Floor and road protection I X I I I B. QUALITY CONSIDERATIONS _ 1. Standard BMP's 2. Special BMP's (sensitive waters. on -site wastewater 11, OFF -SITE IMPACTS A. UPSTREAM ,(passage of offsite flows) _I X I I I B. DOWNSTREAM (pre vs. post; capacity of receiving water) I X I I I 1. The applicant presented an acceptahle plan for the proper handling of hazardous materials. It is recommended that groundwater monitoring be required for any proposed industrial projects within the Downtown area. This will ensure the detection of leaks or spills. 43 A'7-1148 I I SUBJECT: WASTEWATER MANAGEMENT • Downtown Miami DRI No. 86.247 Utility: Miami -Dade Water and Sewer Authority JACCEPTABLE I I., j RESPONSE RESOLVABLE MAJOR IN ( AT PERMIT TIME REGIONAL . .��. ��.���... .....mow . u- �ww •wMPR '1 \ l i � ►.� 11 r:►' r ► 1 �l Y� 11 11 1 .1*11 44 8'7-1148 SUBJECT: ENVIRONMENT - Downtown Miami DRI No. 86-247 WETLANDS ACREAGE SUMMARY* Proposed Proposed Proposed Resulting Total Presently To Be To Be To Be Net Existing Imeacted Preserved Altered/Destroyed Mitigated Gain/Loss 0 0 N/A N/A N/A N/A * Applicant generated estimates, subject to final determination at permit review time. JACCEPTABLE I I j RESPONSE RESOLVABLE ( MAJOR IAPPLIIAPERMIT TIME R CATIONI_MINORIMAJOR IISSUESL1 A. i.ouantity I X I I I 2. Quality I N/A i I I B. UNIQUE _HABITAT I N/A I I I C. ENDANGERED SPECIES I N/A , L I I D. OTHER (Save Our Rivers; OFWs; aguifer recharge_ areas: etc.) I X (1) 1 t I II. IMPACT A. OWA B. QUALITY I N/A 1 I + C. MANAGEMENT SCHEME (managed elevations, buffers, littoral zones: etc.) I N/A- I ( i D. ENDANGERED SPECIES/HABITAT I N/A I J. III. COMPATIBILITY OF PROPOSED LAND USE AND NATURAL CHARACTERISTICS I X I I I See footnotes on following page. 45 4 40 1. Downtown Miami lies on the western shore of the Biscayne Bay, which has been the subject of numerous water quality and environmental studies and was targeted for special action in the recently adopted SWIM legislation. Recognizing the contribution of stormwater runoff to the pollutant load of Biscayne Bay, the City of Miami requires new development to retain all runoff on -site from a six-inch rainfall event. In addition, the city proposes to provide water quality treatment for reconstructed downtown streets and to investigate the feasibility of retrofitting outfall structures that carry flows which originate outside the downtown area, but discharge in it. It is expected that Biscayne Bay water quality will improve as current and future development activities utilize more effective treatment methods. 46 i 87-1148 _ t l y 47 87-1148 13 Gmvkmw 4w 4mmft && fs" ww so vow wa MAP C-1 DOWNTOWN MIAMI D.R.I. BOUNDARY DOWNTOWNIAWO�MASTER PLAN DEVELOPMENT OF REGIONAL IMPACT $w%.qr C. ae oxmzaIT 2 S7 -1148 � rr • s ...�.r CAKTM C01LOCML NNW Im"em yp@"IIIATS I "HWTV LIA+AIIIAL Cd1wRICUL © M TTffu MKoas t m PeCIAL wuso us$ ®DIAL = PAM we r.,�A._.._ .....�. �.�... �...,�....._ ..... IgAP M - MASTER LAND USE PLAN )OWNTOWN M 7ASTERPLAN *0404 iEYMX"ENT OF REGIONAL IMPACT 49 PART IV - SUMMARY AND RECOMMENDATIONS Summary The Development of Regional Impact assessment for Dovntovn Miami - Master indicates that the project vould have the following positive regional impacts: • Up to 18,223 permanent nev jobs vould be directly generated by the project. Nearly 85,293 additional full-time jobs could be indirectly generated in the three South Florida counties, vith a $891.6 million Increase in total vages and $2 billion in value added to the regional economy. • A net positive fiscal impact of $63.1 million vould be created by the project. Council evaluation indicates that the proposed development should not 0 create adverse regional impact on soils, animal life, or vegetation. Hovever, in terms of adverse regional impact, the project vould: • Increase potable vater demand by an average of 4.5 million gallons per day. 50 87-11.48 • Potentially increase the amount and number of hazardous materials used on -site and the hazardous vastes (a vaste that is ignitable, corrosive, reactive, or toxic) generated, thereby possibly posing a threat to the Region's sole -source drinking vater supply. • The project's proposed stormvater management system will increase the quantity of pollutants entering the Biscayne Aquifer. • Generate an average of 257.tons, or 19400 cubic yards of solid vaste per day. • Generate an average of 3.6 million gallons of vastevater 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 vill serve the project. Increase the number of vehicle trips on the regional roadvay netvork and potentially reduce levels of service belov "D" on many segments of the netvork, which, without corrective action, vould produce a significant adverse regional impact. 51 87-1148 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 Downtown Miami - Master be APPROVED subject to incorporation of the following conditions into the Development Order to increase the probability of realizing positive regional impacts and to mitigate, reduce, or eliminate adverse regional impacts. The South Florida Regional Planning Council (Council), in accordance with s. 380.06(21), F.S., and Rule 9J-2.28, F.A.C., and in agreement with the Downtown Development Authority (DDA) of the City of Miami and the the City of Miami (City) defines the following: 1. The following regional issues as they appear in the Agreement to Delete Questions attached as Exhibit 1 hereto have been sufficiently reviewed and, as appropriate, have been made part of this Development Order: a. Maps 1. Location 11. Aerial Photo(s) zii. Flood iv. Existing Land Use 52 8'7-1148 v. Soils vi. Vegetation vil. Drainage viii. Public Facilities b. Vater Quality c. Vetlands d. Flood Prone Areas e. Vegetation and Vildlife f. Historical and Archaeological Sites g. Other Public Facilities 1. Energy ii Education iii. Recreation and Open Space iv. Housing 2. The folloving regional issues as they appear in the Agreement to Delete Questions attached as Exhibit 1 hereto have not been - sufficiently revieved for the total proposed development and, as appropriate, vill be required to be revieved as. each incremental portion of the Dovntovn Miaei DRI is submitted: 53 8 7-1148 a. Applicant Information b. Maps 1. Master Development ii. Transportation Network iii. Display Graphics and Boards c. Project Description d. Air Quality e. Employment and Economic Characteristics f. Transportation g. Other Public Facilities 1. Wastewater, Water, and Solid Waste ii. Health Care, police, and Fire 3. Grounds for denial by the South Florida Regional Planning Council of any subsequent applications for an incremental portion of this proposed development will be limited to any unresolved issues pertaining to items d. and/or f. contained in Condition 2 above. 54 8'7-1148 THE CITY SHALL: 4. Within 6 months of the effective date of the Development Order, - adopt and implement a uniform ordinance that incorporates the - folloving into the project design and operation to minimize the cumulative adverse regional impacts of the Dovntovn Miami development, its traffic, and associated pollutant emissions, on - air quality: - a. Actively encourage and promote car and van pooling by establishing a car pool information program. b. Provide mass transit route and schedule information In convenient locations throughout the area. c. Encourage mass transit use by the provision of bus shelters, development of bus turnout lanes, or provisions of other amenties to increase transit ridership. _ d. Mulch, spray or grass exposes ... to prevent soil erosion and minimize air pollution. 5. Within 6 months of the effective date of the Development Order, adopt and implement a uniform ordinance to place temporary screens, berms, and/or rip -rap around sites under construction to filter or retain stormvater runoff during construction. 55 87-1148 6. Within 6 months of the effective date of the Development Order, adopt and implement a uniform ordinance or procedure that requires the design, construction and maintenance of a stormvater management system to meet the following standards: a. Retain the runoff from at least a 5-year storm on individual development sites and construct individual drainage systems as proposed in the Application for Development Approval (ADA). Consistent vith the ADA, individual drainage systems must be designed to retain at least the first one -inch of stormvater runoff within drainage vells and exfiltration trenches. b. Install pollutant retardant structures to treat all stormvater runoff at each drainage outfall structure (down -turned pipe or other Dade County DERM-approved device) and at each drainage structure vhich contributes runoff from impervious areas to drainage vells or surface vaters, in accordance vith the master drainage plan, and periodically remove pollutant accumulations. c. Limit application of pesticides and fertilizers in vegetated retention areas to once per year for preventive maintenance and to emergencies, such as uncontrolled insect infestation. 56 = d. Vacuum sweep all parking lots of eleven or more vehicle spaces and private roadways serving the parking lots at least once per week. i e. Both during and following construction, prevent the direct flow of stormwater runoff (that has not been pre-treated pursuant to Condition 6a. above) into surface waters. 7. Incorporate into any development, by restrictive covenants and _ lease or sales agreements or by the adoption and implementation of a uniform ordinance, as applicable, hazardous materials accident prevention, mitigation, and response standards, to be met by individual developers and their tenants classified by a SIC code listed in Exhibit 2 herein that use, handle, store, display, or generate hazardous materials (materials that are ignitable, i corrosive, toxic, or reactive), including those identified in Exhibit 3 herein; provided however, that the uses in Exhibit 2 and the wastes in Exhibit 3 shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the "County and Regional Hazardous Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, 57 t 8 7-1148' generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity, such as lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are subject to the requirement contained in Condition 7c. below. c. Require that any area used for loading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. d. Require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and to provide Dade County DBRH 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 58 8 7-1148 - a confirmation of receipt of materials from a recycler or a waste exchange operation. e. Prohibit generation of hazardous -+ffluents, unless adequate facilities, approved by Dade County DERM and Florida DER, are constructed and used by tenants generating such effluents. f. Dispose of hazardous sludge materials generated by effluent pre-treatment in a manner approved by EPA and Florida DER. g. Notify any tenant generating wastes of the penalties for improper disposal of hazardous waste pursuant to Section 403.7279 Florida Statutes. h. Allow reasonable access to facilities for monitoring by Dade County DERM, the Council, and Florida DER to assure compliance with this development order and all applicable laws and regulations. B. Remove all invasive exotic plants from the development site as the site is cleared, and use only those plant species identified in Exhibit 4 herein for project landscaping. Additional species may be used in project landscaping only if written approval for the use of such species is provided by Council staff. Such approval will be based on the species under consideration netting the following criteria: 59 8 7-1148 0 • 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, and • does not have invasive root systems. • such other criteria as may be appropriate. 9. Coordinate vith appropriate agencies to ensure that those areas frequented by the West Indian manatee and Brovn pelican are properly identified to reduce the impact of development on these species. Measures may include, but are not limited to, varning signs, idle speed zones, etc. Individual developments vhich may adversely impact these species are to provide information regarding these species to users of the development. This information should Include, but is not to be limited to, information (pamphlets, signs, etc.), on frequency of site use, man -induced adverse Impacts, and measures to avoid these impacts. 10. Coordinate vith the City of Miami Police Department and Fire Department to incorporate security measures into the design and operation of future development. 11.' Coordinate with the Dade County School Board to address concerns regarding the availability and access to schools for students from future residential development within the project area. 60 8 7-1148 n 12. Encourage the incorporation of energy conservation measures into the design and operation of future development. At a minimum, all developments shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). 13. Prior to the undertaking of any development activity involving renovation, demolition, or structural changes to buildings listed in Exhibit 5A herein, submit to the Florida Department of State Division of Historical Resources and the City of Miami Department of Planning photographs of the structure and a description of proposed activities. Prior to the undertaking of any ground disturbing activities related to construction or development within r_ the archaeological zones listed in Exhibit 5B herein, the Applicant shall contact these same two agencies to make arrangements to survey and assess the area. This condition will no longer apply in the event of the adoption and implementation of the ordinance defined la Condition 14 below. 14. Attempt to have all properties and archaeological zones in Exhibits 5A and 5B herein designated as Heritage Conservation under Article 16.of Zoning Ordinance 9500, the City of Miami Heritage Conservation Ordinance. 61 8 7-1148 15. For all development activity, other than development activity on sites contained in Exhibits 5A and 5B herein (since these sites are = subject to Conditions 13 and 14 above), notify State archaeological officials of construction schedules, and delay construction for up to 3 months in any area where potentially significant historical or archaeological artifacts are uncovered, and permit State and local ` historic preservation officials to survey and excavate the site. 16. Monitor development and redevelopment activities to ensure that there is no net loss of low-income housing opportunities within the City of Miami. The number of low-income housing units lost from _ demolition and conversion, as well as the total provided through new development within the study area, is to be included in annual reports required pursuant to Condition 29 herein. Any net loss of such units within the study area must be counterbalanced by a gain in another area within the City of Miami. 17. 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 Miami, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: 62 8771148 15. For all development activity, other than development activity on sites contained in Exhibits SA and 5B herein (since these sites are subject to Conditions 13 and 14 above), notify State archaeological officials of construction schedules, and delay construction for up to 3 months in any area where potentially significant historical or archaeological artifacts are uncovered, and permit State and local historic preservation officials to survey and excavate the site. 16. Monitor development and redevelopment activities to ensure that there is no net loss of lov-income housing opportunities within the City of Miami. The number of lov-income housing units lost from demolition and conversion, as vell as the total provided through nev development vithin the study area, is to be included in annual reports required pursuant to Condition 29 herein. Any net loss of such units vithin the study area must be counterbalanced by a gain In another area vithin the City of Miami. 17. Integrate all original and supplemental ADA information into a consolidated Application for Development Approval (CADA) and submit tvo copies of the CADA to the Council, one copy to the City of Miami, and one copy to the Florida Department of Community Affairs vithin thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follovs: 62 87-1148 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 otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 18. Prepare an annual report in accordance with the requirements specified in Condition 29 herein and submit copies to the Council, the City of !Miami, and Florida Department of Community Affairs on or before each anniversary date of the Development Order. As each development increment receives a Development Order (DO), the annual report shall include the development covered by the incremental DO so that a single annual report is compiled for the entire project. 19. Vithhold the issuance of building permits for development that cannot show that wastewater treatment capacity will be sufficient to meet the needs of the development. 20. Vithhold the issuance of building permits for development that cannot show that an adequate water supply will be available to meet the needs of the development. 63 87-1148 21. Vithhold the issuance of building permits for development that cannot shov that solid waste disposal capacity will be sufficient to meet the needs of the development. 22. Identify in the DRI Development Order any approved development, including Ahe 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. 23. Establish December 31, 2007 as the date until vhich the City agrees that the Dovntovn Miami'- Master Development of Regional Impact shall not be subject to dovn-zoning, unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes in -the conditions underlying the approval of the Development Order have occurred, or that the Development Order vas based on substantially inaccurate information, or that the change is clearly essential to the public health, safety, or velfare. 24. Establish compliance dates, including a deadline for commencing physical development and for compliance vith conditions of approval 64 87-1148 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 deadline for commencing development shall be one (1) year from the effective date of the Development Order. The termination date for completing development shall be December 31, 2007, provided that the City complies with Condition 32 herein. The termination date may only be modified in accordance with s. 380.06(19)(c), Florida Statutes, 1985. 25. Establish the effective das:e of the Development Order as 45 days from transmittal of the Downtown Miami - Master Development Order to the Florida Department of Community Affairs and Council; provided; however, that if the Development Order is apperled, the_ effective date of the DO will not start until the day after all appeals have been withdrawn or resolved pursuant to s. 380.07(2), Florida Statutes. 26. Meet the following 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: 65 t 87-1148 The Application for Development Approval (ADA) is approved; or The ADA is approved subject to conditions, specifying the conditions, or The ADA is denied, specifying the reasons for denial and changes in the development proposal, 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: e The development unreasonably interferes vith the achievement of the objectives of an adopted state land development plan applicable to the area; and e The development is consistent vith the local land development regulations and the adopted local comprehensive plan; e The development vill be consistent vith the recommendations of the Council DRI Assessment pursuant to s. 380.06(12), Florida Statutes; and 66 -1148 - ' ' w • The development makes "adequate provision for the public facilities needed to accommodate the impacts of the proposed development" or the City commits in the — Development Order to provide these facilities consistent with the DRI development schedule. c. A legal description of the property including acreage. 27. 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 67 8.7-1148 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 Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of the Development Order and withhold 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 within the area of development identified on the Downtown Miami - Master = Development Plan (Exhibit 6). In addition, the phrase "portion of a tract" means a division of a tract into more than one ownership as created by deed or plat. 28. Designate an official to monitor compliance with all conditions of the Development Order and specify monitoring procedures that, at a minimum, require Development Order conditions to be reviewed by the City prior to issuance of any local development permit. 68 87-1148 29. 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: a. A complete response to each question in Exhibit 7. b. Identification and description of any changes in the plan of development, or in the representations contained in the ADA, 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. Identification of undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer. e. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the project site since the Development Order vas issued. f. 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. 69 -1148 =11 - g. Specification of any amended DRI Application for Development Approval or requests for a substantial deviation determination that vere filed in the reporting year and to be filed during the next year. - ' h. An indication of change, if any, in local government jurisdiction for any portion of the development since issuance of the Development Order. I. A list of significant local, state and federal permits vhich have been obtained or vhich are pending by agency, type of permit, permit number, and purpose of each. .j. A statement that all persons have been sent copies of the — annual report in conformance vith s. 380.06(14) and'(16)9 Florida Statutes. k. A copy of any recorded notice of the adoption of the Development Order of any subsequent modification that vas •recorded by the Applicant pursuant to s. 380.06(15), Florida Statutes. 1.- Copies of one of the folloving documentations of appropriate 'disposal of all hazardous vaste: 70 87-114S • a hazardous waste manifest; • a bill of lading from a bonded hazardous waste transporter indicating shipment to a licensed hazardous waste facility, or • a confirmation of receipt of material from a recycler, a waste exchange operation, or other permitted hazardous waste management facility. m. Any other information required by the Department of Community Affairs (DCA) in accordance with s. 380.06(14) and (16), Florida Statutes (1985). As each development increment receives a Development Order (DO), the annual report shall include the development covered by the incremental DO so that a single annual report is compiled for the entire project. 30. Incorporate the Consolidated Application for Development Approval, as revised pursuant to Condition 17, by reference into the Development Order for Downtown Miami - Master, 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 3809 Florida Statutes, and local ordinances. Substantial 71 r• 87-1148 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." 31. Incorporate the Council DRI Assessment by reference into the Development Order. 32. Require, within 30 days of the effective date of the Development Order, recordation of the Dovntovn Miami • Master Development Order i vith the Clerk, Dade County Circuit Court, pursuant to s. 380.06(15), Florida Statutes (1986), specifying that the Development Order runs vith the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. - 33. Attach copies of all exhibits referenced in the DRI Development Order. 34. For the purposes of these recommendations, a building permit can be defined as a permit for -any construction which vill result in a net Increase in development. This definition excludes renovation construction activity and reconstruction activity to replace existing development. 35. It is recommended that, pursuant to s. 380.06(16)9 F.S. (1986), the City receive a credit for any fees for services and improvements paid under this Development Order by the Applicant and/or the City 72 87-1148 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 improvements. 73 87--ii48 DOWNTOWN/AREAw i DE AMFEMENT TO DELETE CUE ST i Ot'S Project ate p: Project Location: Applicant/Developers Mopter 00.06 0)(b) stipulates that the regional planning agency asholI establish a procedure by which a developer may enter into binding written agreements with the regional planning agency to eliminate questions from the appiscatton for development approval where those questions are found to be unnecessary for development of regional impact review." To comply with statute provisions. the South Florida Regional Planning Council and the Appiicon+ hereby mutually agree the+ the Applicant will submit sufficient information, as determined by the Councils in the Application for Development 'pprovel on only those questions which are specified as being required in the fol tow____index. Not Required Required 1, Applicant Informe+ion A: Information Subm+i+tel Strtement 0 0 B. Applicant 0 C C. Author i tad Agent (s) 0 C D. Legal Description 0 0 E. Perm+itting Agencies and 0 0 List of Permits Mops A. Location 0 0 B. Aerial Photos) 0 C, C. flood 0 0 1), Existing Land Lase 0 0 74 147-1148 0 Not Reouired Reouired F. So i i s 0 C► F. Vegetation 0 0 0. @reinage 0 0 f.. Faster Development 0 0 1: Fablic Facilities 0 0 J. Transportation Net Mork 0 0 K. Displey Crephics and Boards 0 0 !. Project Description A. Summary 0 0 P. Land L'se and Phasing (Table 3.1) 0 0 C. Pelation to Local Plans 0 0 �. Pir CLel ity. A. Existing Conditions and Programs 0 0 P. Actions for Air Cuelity Protection 0 (' C. Reouletory and Permitting Changes 0 0 _. Water Mal ity A. Existing Conditions 1) Stormwater Discharges 0 0 2) lion-stormwater Discharges 0 0 - N Existing Water CLal ity 0 0 (Table 5.1) E'. Plan and Program. 1) PIen and Program Effectiv wss 0 0 2) monitoring Progrem 0 0 75 3) Actions for Voter Protection C. Regulatory and Permitting Changes 6. WO I ends A. Alterations to Existing Wetlands B. Designation of Preserved Wetlends C. Regulatory and Permitting Changes 1. Flood Prone Areas A. Flood Criteria E. First Floor Elevetions C. Storm Surge Elevations D. Regulatory and Permitting Changes F. Vegetation and wildlife A. Existing Vegetation B. Wildlife C. Vitigetion Masures D. Regulatory and Permitting Changes Q. Historical and Archaeologicel Sites A. Identification of Sites 8. letter from State and County C. Regulatory and Permitting Changes 10. Employment and -Economic Characteristics A. Construction Cbsts and Employment (Tables 10.1 d 10.7) B. Permement Employment (Table 10.4) Not RecuIred Recuired t1 0 0 0 0 0 0 0 0 0 0 C, 0 0 0 87-114H C. Seesonel Employment (Table 10.6) 0. Public Funding E. Public Projects F. Ad Valorem and Non -Ad Valorem • Revenues (Tables 10.7 and 10.8) C. Marken Study H. Public Facility Capital Costs (Table 10.10) *. 1. Public Facility or Service Operating Costs (Table 10.11) 11. Transportation A. Committed, Programmed, and Planned Roadway Improvements 1) Map.J: Segments and Critical Intersections 2) Map J-1: Committed Improvements 3) M,ep J-?.: Programmed improvements 4) Table 11.1: Committed Improve- ments S) Table 11.2: Programmed Improve- m. nts 6) Improvements by Phase P. Exis-ting Traffic on Committed Poadwey Network 1) Table 11.3: Existing Peak -hour Traffic C. Traffic Projections 1) Table 11.4: Permitted Develop- ments Not Peouired Pecuired 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 e 0 0 87-1148 Pbt Required Required 2) Permitted Development Maps 0 0 3) Table 11.:: Future Peek -hour 0 0 Traffic 4) Table 11. SA: Adjustments 0 0 S) Intersection Capacity Analysis 0 0 6) Table 11.6: Peak -hour ln+ersee- 0 0 tion Analysis D. Additional Approvable Development 1) Map d-4 Series: Excess Capacity 0 0 2) Table 11.7: Additional Approv- 0 0 able Development '3) Recommended Improvements 0 0 4) Table 11.P: Recommended Improve- 0 0 men+s 5) Conce p+ual Design. Schematics 0 0 and Cost Estimates 6) Tables 11.9 and 11.10: Future 0 0 .Levels of Service 7) Funding Source(s) . 0 0 8) Development and Improvement 0 0 Iterations E. Parking 1) Additional Needed Parking 0 0 2) Parking Limitations 0 0 F. lmlternetive Modes 1) Public Transit/Current 0 p Mode Splits 78 8'7-U48 Not Required Required ' 2) Projected Pod* Splits/Necessary 0 0 Transit Changes 3) Service Change Requirements 0 0 4) Map J-7s Bikeways 0 0 5)• Map J-Et Water Transit 0 0 C. Capacity ftni for l ng 1) Capacity Monitoring Programs 0 0 12. Other Public Facilities A. Wastewater, Water. and Solid Waste 1) Unused Capacity 0 0 2) lbnitoring Programs 0 3) Regulatory end Permitting 0 0 Changes a) Private Well Capacity 0 0 — 5) Regulatory and Permitting 0 0 - Changes 6) Hazardous Waste Types and 0 0 Amounts 7) Hazardous Waste Programs 0 0 8) Regulatory and Permitting 0 0 _ Changes P. Health Care. Police. and Fire 1) Unused Capacity 0 0 2) Monitoring Programs 0 0 3) Regulatory and Permitting 0 0 Changes 79 87 1148 Not _ Required Required C. Energy 1) Unused Capacity 0 0 2) Monitoring Program 0 0 - 3) Energy Plan 0 0 4) Regulatory and Permitting 0 0 Changes F. Fducetion 1) Unused Cepeclty 0 0 2) Monitoring Program 0 0 3) Regulatory and Permitting 0 0 Changes G. Recreation and rpen Space 1) Table 12.1: Existing Facilities 0 0 ?) Table 12.2: Proposed- Faci 1 it ies 0 0 3) Regulatory end Permitting 0 0 Changes _ H. hbusing 1) Table 13.1: Existing 0 0 2) Table 13.2: Proposed 0 0 14. Other (as specified below) 0 0 so r r t 87-1148 Prepared on this day of , 19 By: oche AWLICARTlFe MUTH FLORIDA RIFIFNTL- PLAWING COUNC I L 81 87-1148 EXHIBIT 2 ..y LIST Of POTE14T I AL I IAZAMMS WASTE GULL RATONS BY SIC CODE* SIC Waste Code Types Description 0115-0783: AGRICULTURE 0115 ABC Corn 0131 ABC Cotton 0132 ABC Tobacco 0133 ABC. Sugar Crops 0161 ABC Vegetable and Melon Farmers 0171 ABC Berry Crops 0174 ABC Citrus Fruit Growers 0101 AIIC Ornamental floriculture t Nursery Products 0191 ABC General Fares, primarily Crop 0211 ABC Not Cattle Feedlots 0212 ABC Beef Cattle, except Feedlots (e.g., Ranches$ 0214 ABC Sheep and Goat Farms 0291 ABC General Livestock 0711 ANCY Soil Preparation Services 0721 A(1CY Crop Planting, Cultivation, and Protection 0722 LPWV Crop Harvesting, Primarily by Machine 0724 Y Cotton Ginning 0729 AY General Crop Services 0751 A Livestock Services, except services for Animwil Specialltles 0782 A Lawn and Garden Services 0783 AY Ornamental Shrub and Tree Services 0811-0851: FORESTRY 01111 ABC Timber Tracts 0921 ABC forest Nurseries A Tree Seed Gathering t Extracting 0851 ABCs Forestry Services 1611-17": CONSTRUCTION 1611 1PWXY Highway and Street Construction 1622 I.VWXY Brldge, Tunnel. and Elevated Highway Construction 1711 PT Plumbing. Heating (except Electric) and Air Conditioning 1721 JKLT Painting, Paper Hanqing, and ilecoratinq, llvavy Construction. NEC 1745 LT Terrazo, Tile, Marble, and Mosaic Work 1752 itIT Floor Laying and Other Floorwork, NEC or 'Each Industry has been Identified as a potential generator of hazardous waste on the basis that the industry may generpte corrosive, reactive. Ignitable. and/or toxic wastes. For example. SIC code 0711. Soil Preparation Services. Is a potential generator of toxic pesticide wastes. Each SIC code listed in generaa or o hazardous waste. NEC- tot elsewhere classified. SIC Coda Waste Types ' Oascrlptlon 1761 LT Roofing and Sheet Metal Work 1793 IT Glass and Glazing Work 1794 LPWY Excavating and Foundation Work 1799 JKtpwy Special Trade Contractors 2032-39": Manufacturing Industries 2032 Canned Specialties 2091 Canned and Cured Fish and Seafoods 2231 LM Broad Woven Fabric Mills, Wool ej 2251 tM women's Full Length and Knee Hosiery 2252 LM Hoslery, except Waxen's Full Length a Knee length 2253 IN Knit Outerwear Mills 2254 LM Knit Underwear Mills 2257 LM Circular Knit Fabric Mills 2258 LM Warp Knit Fabric Mills 2259 lM Knittinq Mills, NEC 2261 tM Finishers of Broad Woven Fabrics of Cotton 2262 LM finishers of Broad Woven Fabrics, Man -Made riper and Silk 2269 LM Finishers of Broad Woven Fabrics, Man -Made Fiber and Silk 2271 lM Woven Carpets and Rugs 2272 tM Tufted Carpets and Rugs 2279 IN Carpets and Rugs, NEC 2434 JKIT Wood Kitchen Cabinets 2435 JKIT hardwood Veneer and Plywood 2436 Jtll Softwood veneer and Plywood 2451 JKIT Mobile Homes 2452 JKLT Prefabricated Wood Buildings and Components 2491 11 Wood Preserving 2492 LTY Particleboard 2511 JKIMT Wood Household Furniture, except Upholstered 2514 HIOIp Metal Household furniture 2511 JYIMT Wood TV and Radio Cabinets 2519 JKIMT Household Furniture. NEC 2571 JKIMT . Mood Office Furniture 2522 111Mf1P Metal Office Furniture 2541 Jr.IMT Wood Partitions and fixtures 2542 111MKMQ Metal Partitions and Fixtures 2611 I WIY Pulp Mills 2621 EMPTY Paper Mills, Except Building Paper Mills 2631 IMPiY Paperboard Mills 21.41 HIP Paper Coating and Glazing 2643 HIP Bags. Except Textile Bags 2645 lip Die -Cut Paper and Paperboard and Cardlxuird 2646 HIP Pressed and Molded Pulp Goods 2t.49 HIP Converted Paper and Paperboard Product.. lift. 2651 ItP folding Paperboard Boxes 2652 ILP Set-up Paperboard Bnves 2653 II.P Corrugated and Solid fiber Boxes NEC= Not Elsewhere Classified SIC waste Sic Waste Code Types Description Code Types Description 2654 ILPY Sanitary Food Containers 3131 L floats A Shoe Cut Stock t findings 2655 ILPY Fiber Cans, Tubes. Drums. and Similar Products 3151 L Leather Gloves 3 Mittens 2661 EMPTY Building Paper and Building Board Mills 3144 (. Women's Footwear, except Athletic 2711 HItOfp Newspapers: Publishing and Printing 3161 L Luggage 2721 HILOPQ Periodicals, Publishing and Printing 3171 L Women's Handbags 9 Purses 2731 HILOPQ Books: Publishing and Printing 3172 L Personal leather Goods 2732 HIEOPQ Book Printing 3199 L leather Goods. NEC 2751 HIIOPQ Commerclal Printing, letterpress and Screen 3211 fT Flat Glass 2752 filinm Commercial Printing, lithographic 3251 JKL Brick and Structural Clay Tile 2753 "it" Engraving and Plate Printing 3253 JKL Ceramic Wall and floor Tile 2754 HIEOPQ Commercial Printing. Gravure 3261 JKL Vitreous China Plumbing Fixtures and Rathroom 2761 HILOnp Manifold Business Forms Accessories 2771 11110M Greeting Card Publishing 3262 JKL Vitreous China Table and Kitchen Articles 2782 HILOPQ Biankbooks, Looseleaf Binders, and Devices 3263 JKL Fine Earthenware (Whiteware) Table d Kitchen 2709 HIIOPQ Bookbinding and Related Work Articles 2791 HILOPQ Typesetting 3264 JKL Porcelain Electrical Supplies 2812 Y Alkalies and Chlorine 3269 JKL Pottery Products, NEC 2816 rom Inorganic Pigments 3291 T Abrasive Products 2819 FOPQRSY Industrial Inorganic Chemicals, NEC 3293 IT Gaskets, Packing and Sealing flnvices 2821 L14TY Plastics, Materials. Synthetic Resins, and 3312 Y Blast Furnaces, Steel Works. and Rolling Mills Non-vuleanizabte Elastomers 3313 Y Eleetrometallurgieal Products 2822 L14TY Synthetic Rubber 3315 Y Steel Wire Drawing and Steel Nails and Spikes 2823 L14TY Cellulosic Man -Made Fibers 3316 Y Cold Rolled Steel Sheet. Strip, and Oars 2824 LMfy Synthetic Organic fibers. except Cellulosic 3317 Y Steel Pipe and Tubes 2831 Biological Products 3321 Y Gray Iron Foundries 2833 CD Medicinals and Botanicals 3322 Y Malleable Iron Foundries 2031 lP Pharmxeutica! Preparations 3325 Y Steel Foundries, t1EC 2841 FLMTY Soap and Other Detergents. except Speciality 3332 Y Primary Smelting and Refining of lead Cleaners . 3333 Y Primary Smelting and Refininf of Zinc 2842 ALI4PTY Specialty Cleaners. Polishes. and Sanitation 3334 Y Primary Production of Aluminum Preparations 3339 Y Primary Smelting and Refining of Nonferrous 2643 FLMTY Surgace Active Agents. Finishing Agents, Metals Suifonated Oils, and Assistants 3341 Y Secondary Smelting and Refining of tnferrous 2844 i1TY Perfumes, Cosmetics. and Other toilet Preparations Metals 2051 rGI PY Paint and Sllied Products 3351 lit")I0Y Rolling. Drawing and Extruding at (.upper 2861 t"llY Gum and Wood Chemicals 3353 "1IN)POY Aluminum Sheet, Plate and Foil 2865 Y Cyclic (Coal Tarl Crudes, and Cyclic Intermediates, 3354 1111441)Y Aluminum Extruded Products Dyes, and Organic Pigments (lakes and Toners) 3355 II1.14wvy Aluminum Rolling and Drawing. fIFC 2869 LMPTY Industrial Organic Chemicals, NFC 3356 11040,0Y Rolling, Drawing and Extruding of flnnf#!rruu- 2673 Nitrogenous Fertilizers Metal, Except Copper and Aluminum 2879 ABCIMY Pesticide and Agricultural Chemicals. tIEC 331#7 "tmn'Qy Drawing and Insulating of linnlerruus Wire 2091 Adhesives and Sealants 3361 Y Aluminum Foundries (Castings) 2092 Explosives 3362 Y Brass, Bronze, Copper and (upper IMse Alloy t 2093 if.IlP Printing ink Foundries 26" LMOPTY Chemical Preparations 3369 y nonferrous Foundries ICastingsl• 1JFL 2911 Y Petroleum Refining 3398 fitW)I'QY Metal Heat Treating 2952 Y Asphalt felts and Coatings 3399 111 w'Qy Primary Metal Products, NEC 2992 Y Lubricating Oils and Grea:.es 3411 "11411'0Y Metal Cans 29" Y Products -of Petroleum and Coal. NEC 3412 oilwilQY Natal Shipping Barrels. drums. Kngs. and fails 3079 JLMY Miscellaneous Plastic Products (Drum Refinishing) 3111 L Leather Tanning and Finishing 3421 1ltmnrg Cutlery NFCz tint Elsewhere Classified NEC= tot Elsewhere Classified SIC Waste SIC Waste Godo Types Description Code Types Description 3423 IN WNVV Hand and Edge Toots, Except iwhino Fools and 3%3 111141" Air and Gas Camgressors Hand Saws 3%4 HLMOPO Blower and Exhaust Ventilation Fans 3425 IgWVQY Hand Saws i Saw Biedes 3567 111.14"Y Industrial Process Furnace it Ovens .. 3429 14 WNW Hardware, NEC 3%8 HtMWQY Machanical Power Transmission Equipment, NEC 3431 HEM" Enameled Iron and Metal Sanitary Ware 3569 HLM WQY General Industrial Machinery and Equipment, NEC 3432 K OVY Plumbing Future Fittings and Trim (Brass Goods) 3573 HLMnP0 Electronic Computing Equipment 3433 HLMWQY Heating Equlpement, except Electric and Warm Air 3574 IILMOPQ Calculating it Accounting Machines, Except Furnaces Electronic Equipment 3441 1* mm Fabricated Structural Metal 3579 HLMDPQ Office Machines, NEC 3442 14 MWV Metal Doors, Sash, Frames, Holdings, and Trims 3582 HLM"Y Commercial Laundry, Dry Cleaning, and Pressing 3443 I4 MOPOY Fabricated Plate Work Machines 3444 HILwwgy Sheet Metal Work 3585 HLMOPQ Air Conditioning and Warm Air leating Equipment 3446 1fK"Y Architectural and Ornamental Metal fork and Cammmerclal and Industrial Refrigeration 3446 HLMOPOY Prefabricated Metal Buildings and Components Equipment 3449 HLMOPQY Miscellaneous Metal Work 3566 IiWW9 Measuring and Dispensing Pumps 3451 IfIWX y Screw Machine Products 3589 HLMOPQ Service Industry Machines, NEC 3452 14 MUPOY Bolts, Nuts, Screws, Rivets, and Washers 3592 HLMOPQY Carburetors, Pistons, Piston Rings d Valves 3462 HLMOPOY Iron and Steel Forgings 35" H1M01'QY Machinery, Except Electrical, NEC 3465 HLMOPQY Automotive Stampings 3612 HLMnPOY Power, Distribution and Specialty Transformers 3469 HLW"Y Metal Stampings, NEC 3613 HIMOPW Switchgear and Switchboard Apparatus 3471 HLMOPQY Electroplating, Pblishing. Plating, Anodizing 3621 Htw" Motors t Generators and Colr(ng 3622 11.90114) Industrial Controls 3479 1ILMTOPQY Coating, Engraving, and Allied Services, NEC 3623 HLMDF'Q Welding Apparatus, Electric 3482 Small Arms Ammunition 3624 HLMOPQ Carbon it Graphite Products 3483 Ammunition, except for Small Arms, KC 3629 HLMnPQ Electrical Industrial Apparatus. NFC 3489 Ordinance and Accessories, NEC 3632 Htt4.1Pp a Household Refrigerators and Homeand farm tweeters and � 3511� HIMQPp Steam Gas. and Hydraulic Turbines 3634 HLMOPQ Electric Housewares and Fans 3519 Htwovy Internal Combustion Engines. NEC 3036 HLMntp Sewing Machines 3523 HLMOPQY Farm Machinery and Equipment 3639 H1MOPO Household Appliances, NEC 3524 HLMOPoY Garden Tractort•i lawn a Garden Equipment 3641 HLMOPO Electric Lamps 3531 14 MnMY Construction Machinery and Equipment 3643 14MrAV Currenf-Carrying Wire Devices 3532 IiLM11PQY Mining Machinery and Equipment, except Oil Field 3645 111W*'O Residential Electric Lighting Fixtures 35h HLMOPQY. Oil Field Machinery and f.quipmment 3646 HLMOPQ Commercial. Industrial, and Institutional 3535 HHMfM Q Conveyors and Conveying Equipment Lighting Fixtures m 3531 HLMbPQY Industrial Trucks, Tractors. Trailers, and 3647 allt4'1Pq Vehicular Lighting Equipment Stackers 3651 111.164" Radio b Television Receiving Sets 3541 HLMnPOY Maachine Tools. Metal Cutting 3652 IfIMOPp Phonograph Records and Pre-recorded M,mgnetir tape 3542 HLWNVY Machine Tools. Mefal Forming 3662 HIMOPQ Radio and Television Transmitting, Signaling. .Hut 3544 HLMnPQY Special Dies and Tools, [tie Sets. Jogs and Defection Equipment and Apparatus Fixtures, and Industrial Htmlds 3674 "1Mtlt'O Semiconductors and Related Devices 3545 Illm"Y Machine Toul Accessories A Measurinq Devices 3675 11tw 'O Electronic Capacitors 354E, I4 MnPQY Hower Driven Hand Tools 3677 HIWWVY Electronic Coils, Transformers. anti Other Indmx.fnrs 3549 I"WII'QY Metal Working Machinery. NEC 3679 14MOP0 Electronic Components, NEC 3551 inHt1F'QY Food Products Machinery 3691 FIP(IW Storage Batteries Y62 I111U1'QY Textile Machinery 3692 HFO Primary Flatteries, Dry and Wet 3553 HIMiOPOY Woorworking Machinery 3711 Motor Vehicles and Passenger Car flottiu•. 3554 in14"Y Paper Industries Machinery 3714 HLm pop Motor Vehicle Parts and Accessories 3555 ►4 K"Y Printing Trades Machinery and Equipment 3716 iILMnI'O Motor lames _ t 3559 11IM1F'QY Special Industry Machinery, NEC 3121 "mpg Aircraft �i 3561 I1twdvy Pumps and Pumping Equipment 3724 IILMOPOY Aircraft Engines and Engine Parts YA2 M K"Y Ball and Roller Bearings 3728 NLMOFQY Aircraft Parts and Auxiliary Equipment. t11C F.i i1EC- Clot Elsewhere Classified NEC- iot Elsewhere Classified .r sic Code Waste Types Description 3731 1lLEE1PpY Ship Building an@ Repairing 3732 if1MOPQY Boat Building and Repairing 3611 HL143PQ Engineering, Scientific, laboratory and Research Instruments 3622 HLMDPQ Automatic Controls for Regulating Residential and Commercial Environments and Appliances 3823 HLM4PQ Industrial Instruments for Measuring. Display, and Control of Process Variables, and Related Products 3824 HllmnP9 Totalizing Fluid Meters and Counting Devices 3625 HLMOPQ Instruments for Measuring and Testing of Electricity and Electric Signals 3829 HIMOPQ Measuring and Controlling Devices, NEC 3832 HLMOPQ Optical Instruments and Lenses 3841 HIMOPQ Surgical and Medical Instruments and Apparatus 3842 HLMOPQ Orthopedic, Prosthetic, and Surgical Appliances and Supplies 3843 Htwov Dental Equipment and Supplies 3851 HIMOPQ Ophthalmic Goods 3861 Hi"" Photographic Equipment and Supplies 3873 NIMOPQ Watches and Clocks, etc. 3911 HLMOPpT Jewelry, Precious Metal 3914 "t"WOT Silverware. Plated Ware, and Stainless Steel Ware 3915 HJLMOPQ Jeweler's Findings b Materials A Lapidary Work 3961 HJKLMOPQ Costume Jewelry and Costume flovelties, except Precious Metals ' 3964 HJKLMf)PQ Needles. Pins. Hooks and Eyes. and Similar Not 1 ons 3993 HIJKLMOPQ Signs and Advertising Displays 3995 HJKLMOPQ Burial Caskets 39" HJKLMOPQTY Manufacturing Industries 4011-4959: ' TRANSPORTAT ION AND PUFIL IC UT 11, 1 1 1 E S 4011 JKtTV Railroads, Line -Haut Operating Alto IPWY Local and Suburban Transit 4013 JKLTY Switching A Terminal Establishments 4119 IPWY Local Passenger Transportation, i1i.0 4121 IPWY Taxicabs 4131 LPWY Intercity and Rural Highway Passenger Transportation 4151 LPWY School Buses 4172 Y Maintenance A Service racilifies for Motor Vehicle Passenger Transportation 4212 JKIPWY local Trucking without Storage 4213 JKLPTY Trucking. Except Local 4214 JKLPTY local Trucking vlth Storage 4231 JKPTY Trucking Terminal Facilities 4311 JKLPTY U.S. Postal Service (Vehicle Maintenance only) 4411 Y Deep Sea Foreign Transportation 4463 Marine Cargo Handling 4469 . JKtTWY Water Transportation Services, N(C Sic Code Waste Types Description 4511 Y Air Transportation, Certificated Carriers 45112 Y Airports and Flying Fields 4583 t LTY Airport Terminal Services 4612 JKLPTY Crude Petroleum Pipe Lines 4613 JKLPTY Refined Petroleum Pipe Lines 4619 JKIPT Pipe Lines. NEC 4911 LT Telephone Communication (Wire or Radio) 4032 LT Radio Broadcasting 4855 LT Television Broadcasting 4911 Y Electric Services 4931 Y Electrical A Other Services 4952 Y Gas A Other Services 4939 Y Combination Utilities, NEC 4952 Y Sewerage Systems 4953 Y Refuse Systems 4959 ABCY Sanitary Services, NEC 5093-5198: WHOLESALE TRADE 5093 Y Scrap A Waste Materials, Wholesale 5161 tPTY Chemicals and Allied Products Wholesale 5191 A Farm Supplies 5198 JKLT Paints, Varnishes, and Supplies 5231-5904: RETAIL TRADE 5231 JKLT Paint, Glass, and Wallpaper Stores 5251 A.IKi Hardware Stores 5271 JKLP Mobile Home Dealers 5311 AIJKT Department Stores 5399 AIJKT Miscellaneous General Merchandise Stores 5511 LPWY Motor Vehicle Dealers INPw A Used) 5521 LPWY Motor Vehicle Dealers ( Used Ofily► 5551 IPW Auto A Home Supply Stores 5541 Iftfr Gasoline Service Stations, Retail 5551 IPWY Boat Dealers 5571 tPWy Motorcycle Dealers 5599 libY Automotive healers. NEC 5722 Household Appliance Store,, f/etail 5%2 if Automatic Me-rchandisinq Machine Operator-. 5982 Y fuel A Ice Dealers 5983 Y ruel Oil Dealers 5984 Y IiquiIled Petroleum Gas ik-alur; 7215-9081: SFRVICES Ili KKIRIES 7215 IM Coin Operated laundries and Dry Cleaning 7216 lM Dry Cleaning Plants, Excepf Rug ('leaning 7217 IM Carpet and Upholstery 7218 LM Industrial launderers 7261 to rumrral Services and Crematories 7312 (JKLT Outdoor Advertising Services NfC- Not Elsewhere Classified m o+ sic Waste code Types Description - 7319 IJK Advertising. NEC 1331 IJK Direct Mall Advertising Services 1532 LOT Blueprint and Photocopying Services 7333 LOT Commercial Photography Art. and Graphics 7342 ACH Disinfecting and Extermination Services 7549 Pill Cleaning and Maintenance Services to Oreilings and Other Buildings. NEC 7391 LPT Research and Development Laboratories 7395 OPQRST Photofinishing laboratories 7391 LPT Commercial Testing Laboratories 7399 rare Extinguisher Charging Services 7512 LPI(y Passenger Car Rental and leasing. without Drivers 7513 4I`wy Truck Rental and leasing, without drivers 7519 LPN Utility Trailer and Recreational Vehicle Rental 7531 LPN Top and Rody Repair Shops. Automotive 7534 I.PW Tire Retreading and Repair Shops, Automotive 7535 lPM Paint Shops, Automotive 75M trw General Automotive Repair Shops 7539 My Automotive Repair Shops, 11rr 7622 LPT Radio A Television Repair Shops 7623 LPT Refrigeration i Air Conditioning Service it Repair Shops 7629 OPT Electrical i Electronic Repair Shops, 111C 7631 LT Match. Clock, and Jewelry Repair 7641 JKLT Reuphoistery and furniture Repair 7692 IPM Welding Repair 7694 LT Armature Rewinding Shops 7699 LT Repair Shops and Related Services, NEL (Including Taxidermists) 7819 LOT Services Allied to R)tion Picture Production 7922 JKLT Theatrical Producers (except Motion Pictures) and Miscellaneous Theatrical Services 7992 A11C Public Golf Courses 7993 OPT Coin -Operated Amusement Devices 7996 JKLPT Amusement Parks 7999 AJK Amusement and Recreation Services, NEC 8062 OPT "General Medical and Surgtcal Hospitals W69 LPT Specialty Hospitals. excelot Psychiatric 8071 LPT Medical Laboratories 6072 LPT Dental Laboratories 8O81 LPT Outpatient Care rocilities 8:11-8331: EOIICATIONAI SrRVICLS 6711 JKLPT Elementary and Secondary Schools 6221 JKLP1 Colleges, Universities. Professional Schools. and Junior Colleges 0249 JKLPTY Vocational Schools, except Vocational high Schools. NEC 8299 JKLPT Schools and Educational Services. WC 8331 JKLT Job Training and Vocational Rehabilitation ',ervi NiC= Mel Elsewhere Classified I SIC Waste Code Types Description 8411-8999: MISCELLANEOUS 6411 JKLPT Museums and Art Galleries 0421 ABC Arborets, Botanical and Zoological Gardens 8922 OPT Noncommercial Educational. Scientific, and Research Organisations' 89" JK Services. NEC urra U-0 C1—f— re-1/1-A _ EX CODE VOR WASTE TYPES CON'%'ONLY ASSO:I ATED W I TH EACw A Waste pesticides 8 washing and rinsing solutions containing pesticides C Empty pesticide containers D Spent toxaphene solutions or sludges from dipping E Spent pesticide solutions or sludges other than toxaphene from dipping F Dust containing heavy metals G Washings and rinsing solutions containing heavy metals H Wastewater treatment sludges containing heavy metals I Waste ink �1 Ignitable paint wastes containing fie-r-able solvents (flash point less than 1400=) K Liouid paint wastes containing heavy *petals (cad-iu'r, cheoriur, mercury or lead) L S:ent solvents N Still tcttors frog the distillaTion c solvents Filtration residues fro- cry cleanin: ooeraticrs 0 Cvar. i de wastes z Stroncly acidic or alkaline wastes p Spent olatinc wastes R Waste a—.onie S Photograohic wastes T Ignitable wastes (flash point less than 140°F) U Wastewater sludges containing pentachlorophenol, creosote, or arsenic Y waste formaldehyde W Lead -acid batteries x waste explosives Y Waste oil •2 Other Ignitable, corrosive, reactive art Er- toxic, as these waste types are defined In 40 CFO 261.21, 251.22, 261.23 and 261.24. 87 S 7-1148 II IIII1 11 1 1 EXHIBIT 4 RECO WNDED SPELeiS i Go W tress Acacia cyanophylla" (Beach acacia) Acacia farneslana (Sweet Acacia) Achras tapote (Sspod111a) Acoolorrhaphe wrightil (Paurotis palm, Cape Sabel palm) Arecastrum rom zofflanum" (Queen palm), Avicennla germinans (Black mangrove) Brassale actinophyila (Scheffleral &wide buceras" (Black olive$ Busera slmsruba (Gumbo limbo) Butia capitata (Pindo palm) Calllandra hsemetocephals (Pbwderpuff) Callistemon rigidus" (Erect bottlebrush) Callistemon spp." (Bottlebrush) Canalla winterana (Wild cinnamon) Cassia fistula" (Golden shower) Ceiba pentandra (Ceiba) Chamaedorea spp." (Household palms) Chamasrops humillis" (European fan palm) Chorisia speclosa (Floss silk tree) Chrysalldocarpus lutescens" (Areca palm, Madagascar palm) Chrysophyllum oliviforms (Satlnleaf) Citrus surantifolla" (Key limbo Citrus paradisl" (Mineola tangelo) . Citrus reticulate" (Minneola tangelo) Ciusla roses (Pitch apple) Coccoloba diversifolia (Pigeon plum) Coccoloba grandiflora (Big leaf sea grape) Coccoloba uvifera (Sea grape) Coccothrinax argentata (Florida silver palm) Cochlospermum bitiflollum (Buttercup tree) Cocos nucifera "may pen"" (May pan coconut palm) Cococarpus erectus (Buttonwood) Cococarpus erectus "serlces" (Silver buttonwood) Cordia sebestana (Geiger tree) Delonix regia" (Royal poinciana) Drypetes lateriflora (Guiana plum) Erlobotrya Japonlca" (Loquat) Erythina crista-gallil" (Cockspur coral -tree) Eugenia axillaris (White stoppers) Eugenia confuse (Red stoppers) Eugenia foetida (Spanish stoppers) Flcus citrifolia (Short leaf fig) Grevillea banksil (Banks grevillea) Grevillea robusta (Silk oak) Very large tree, not for residential use. Gualacum sanctum (Lignum-vitae) Ilex cassine (Dahoon holly) Jacaranda acutllolla" (Jacaranda) Juniperus sillicicola (Southern red cedar) Krugiodendron ferreum (Black Ironwood) Lagerstroemia indica" (Craps -Myrtle) Laguncularia regemosa (White mangrove) Licaria triandra (Gulf ilcaria) licuala grandis" )licuala palm) licuala spp," (licuala palm) 0 Lys(lama bahamensts (Mild tamarind) Lysiloma latisliqum (Mild tamarind) Manlikara bahamensis (Mild dilly) Mastichodendron foetidissimum (Mastic) Musa hybrids* (Banana) Mrrics cerifere (souther wax myrtle) Park(nsonia aculeata" (Jerusalem thorn) Thonrs Peltophorum Inerma" (Yellow poinccana) Pious clause (sand pine) Pious elllotll (SLas Pious elllotll (Slash pine) Pious elllotll var. carlbea (Keys slash pine) P)scida piscipula" (Jamaica dogwood) Plsonla longifolis Molly) w to Piumerle spp." (Frangipani fbincibne pulcherrima (Dwarf poinciana) Psaudophoenix sargentil (Florida cherry palm) Ptychosperme elegans (Seafroth(a palm) Ptychosparma macarthurli (MacArthur palm) Quercus vlrginina (Live oak) Rhltophora mangle (Red mangrove) Roystonea elata (Royal pal;) Roystonea regia (Cuban royal pal;) Sabal palmetto (Cabbage palm) Serenoa repens (Saw palmetto) Simarouba glauca (Paradise tree) Sw)etenia mahogany (West Indies mahogany) Tabebula argentea" (Tree of fold) Tabebula pallida" (Pink trumpet tree) Tamarindus indica" (India tamarind) Terminalia catappa (Tropical almond) Taxodium (Cypress) Thespesia populnea: (Portia tree, seaside mahoe) Thrinax morris)l (Kays thatch palm) Thrinax parviflora (Thatch palm) Thrinax radiata (Florida thatch palm) Thrinax sapp. (Thatch pal;) Washington robusta (Washington palm) KEY: " Exotic Species Source: SFRPC 90 0 SH OS, VINES, AND GRWND COVERS Acalypha hlspida" (Chenille plant) Acelypha wlikeslanaw (Copperleaf) Alocasle spp. (Elephant ear) Alpinla spp. (Shell flower) Amonlum" (Torch ginger) Ardlsle crenate (Christmas berry) Pasts Aspergus spp. (Aspergus fern) Begonia spp." )Rex begonia) Beaucarnea recuruata (Pbny-tall) Bougainvillea spp. (Bougainvillea) Thorns Brassala actlnophylia (Schefflera) Byrosonlma luclda (Locustberry) Calllandra haomatocephala (Powderpuff) Calllcarps amsrlcana (American beautybush) Campsis radicans" (Trumpet vine) Cassia spp." (Cassia) Cassla bahamersis" (Cassia) Chrysobaianus Iceco (Cocoplum) Cladlum (Sawgrass) Codlasum varlegatum" (Croton) Conocarpus erectus (Green buttonwood) Conocarpus erectus sericeua (Sliver buttonwood) Costus spp. (Spiral flag) Oltygotheco kerchoueana•(False aralia) Dodonaea viscosa (Varnish leaf) Dombeyp wallichii (Pink ball) Eranthemum nervosum" (Blue sage) Eugenia axilfarix (White stopper) Eugenia confuse (Red berry) Eugenia foetida (Spanish stopper) Eugenls myrtoldes (Spanish stopper) Forestlera segregate (Florida privet) Gardenia Jasminoldes" (Gardenia) Guapira discolor (Blolly) Hamella patens (Scarletbush, flrebush) Hedychlue coronarlue (butterfly liily) Hedychlue flavum (Yellow lllly) Hedychlue garonerianue (Kohill lllly) Hedychlum spp. (Ginger Iilly) Hellanthus dibillis (Beach sunflower) Hibiscus-rose-sinensis" (Hibiscus) Hymenocallis latifoila" (Spider filly) Ilex giabra" (Galiberry) Ilex vomitoria nana" (Dwarf yaupon holly) Ipomoea spp. (Morning glories, railroad vine) Iva fructenscens (Marsh elder) Iva Imbricata (Seacoast march elder) Jacquinla keyensis (Joewood) Jptropha multifida" (Peregrina) Juniperus chinensis columnaria" (Junipers) Juntparus conferta" (Shame juniper) Lagerstroemia indica" (Caape-myrtlel Lantana uepressa (dwarf Lantana) L)gustrum spp." (Privet) Pests. Llriope muscar(" (Lilly turf) Myrclenthes fragrens (Simpson stopper) 14yrclaria caulif(ora" (Jaboticaba) 14yrica cerlfere (Southern wax myrtle, Bayberry) Nophr6lepis bostoniersls (Boston fern) ophlopogon japonlcus" (Mxtdo grass) Paperomin obtus)folle (Peperomla) Petra volubilis" (Queen's wreath) Phasomarla speclosa" (Torch ginger) w Philodendron spp." (Callow, philodandrun) Plnus e(llotee variety dense (Dade county pine) Pithecelblum guadaluponse" (8lackbead) Pluoarla spp. (Frangipani) Polocarpus spp." (Podocarpus) Polysc)as balfouriana" (Balfour aralia) Pontederla (Pickerelwead) Psychotria nervosa (Mild coffee) Randle aculaata (Randle, White Indian terry) Reynosia septentrionalis (Darling plum) Saglttarle (Arrowhead) Scaevola piwlerl (Inkberry) `y- Sclrpus (Bulrush) Sophore tomentosa (Necklace pod) a Stenoloblum stans" (yellow elder) Suriana maritime (Say ceder) Tecomerle capensis (Cape honeysuckle) Tetrazygia bicolor (Tetrazygia, Most Indian Ilia) 7humbergla erects" (Kings - Mantle) Thumbergla spp." (Clock vine) Thyrallis giauca (Thyra(Ils) Trachelospermw jasminoides" (Confdderate jasmine) Uniola paniculata (Sea oats) Viburnum suspensor" (Sandankwa viburnum) Yucca elephantipas (Spineless yucca) Zama flaridana (Coontle) Zanthoxy(im fagara (wild lime) KEY: " Exotic Species Source: 5FRPC -u� a1DOBtSS MISTDBIC 11Aest CAI? VW t. 1Y. enue . t. 1 AV~ Central IOW Church OOt _ 1. 30 Iiscoyhe Boulevard McAllister Moth to. 222223-27 N. [. 1 AV~ttntucty Mdalf 2. 20a Btsaynt geultworo Berili Aeartarets 26. Ila M. t. I Street Shoreland Arcade 3. $40 %tstlyee Boulevard Tecate Ras StAtill" MRIMS 27. 130 ■. 1. 1 Street Mryer-Kiwr Building a. Ao0 Bisel Boulevard rye~ TOW 21. 121 S. t. 1 Street City eatieMl Bent f. 1300 listsBaruleverd Start. Roebuck and Co. DOE Building A. 1401 oil" Boulevard fMtne 1vildi l 29. 16/ S. t. 1 Street Mtingtan Building un CoNt to 7. Sol BrielelI A~ ertlMausolw. ctt 30. 111 r. E. 2 Avenue Copy"n Building B. SO Brickall Avenw First Presbyterian CNnrch 31. 25 S. t. 2 Ave+we IngreMe Builds CIMS 9. 160 t. Floglor Street Alfred 1. &Pont 3,01e1919 32. 118.30 A. t. 2 Street Gesu Church and lectors No!CVWS = to. 174 t.-rlagle► Street Oly.pta ?Neater and olk/CrOS 33. 60 S. E. 4 Street Royal Fat■ Cottage CMHS Office building 34. 22 M. E. S Street Y1111aa M. Chain. Mouse C't _ 21. 200 t. Flegler Street tialfro"s IS. 49 M. W. S Street Sslvotie" Any Citadel DOM.",$ 12. 303 E. Fla ltv Street Elks leapt re. 948 16. IC. 14. 1B. to. 38 1. t. 6 Southeast btn Street Rom 13. 73 Y. rtaller Streit code County Cdu►tebuse DOEIV-S Street and Mint Cty Mall 51. 190 S. E. 12 Terrace Dr. Jews Jetaw Office Ma ;rill 14. 401.47 M. Mimi AV~ Chaille Mock 001 la4"'3• 31. AS S. k. 13 Street Soutnsler School y! 39. 464 M. E. 1f Street Trinity Episcopal Chun" No _ - lf. 1367 M. 01ee1 Avenue Clux"s Bona 40. 9. Flogler, Street, b.t. 3 Derntwn M11mi COwerc+al 36. loci M. M11e1 Ar"Ve Fire Station be. 2 Street, a. M1MN Avenue Mlstdrle District Sl. Iwo S. Minn Avenue Fin Statien tie'. A lout/CMKS vicinity 11. 1023 S. Meal Aeenw flartina Apartnenta Dot it. 1150 S. MAW Avenue rilford r. Iunhart Mane WATMI: - IC. I00 a. t. 1 AV~ Old Y.S. Post Office and Cdwrtheuse p - Batichol Register + listed 21. 117 M. t. 1 Avenue SKvity, Building DOE - National Register . dotemlnatlen of eligibility _ 22. 140 M. t. 1 AveNit Mann Sustains pwS - City of M1n1 Misterlo Site _ 23. 300 M. E. 1 Aveaw Y.S. Post Office and Ma Courtadvat i12� QA� SOUTH FLORCA REGIONAL PLANNING COUNCIL HISTORIC PLACES Properties listed in or potentially eligible for the national register of historic Places and/or as City of Miami Historic Sites. EXHIBIT 5A NOT TO SCALE 92 87--1148 SOUTH f LORDA REGIONAL PLANNING COUNCIL ARCHAEOLOGICAL ZONES 1. 41WA rno Artbe1q/ce1 loot t• MOrtt feNk Artteot"icel lent !. 8owt Artteelepcal Zeoe 7. Wctoll Arceeetettcet ZeM Z. Merlt Ira" clear A melettcol Zen t• ttictell hit A►tteelgtcot Zeno 4. GewN Artteelglcel Zae 9• Preoeyarton cbrte Arteeoleftcet lone G. tort Oelleo Arcoolgtwl Zeno 10• sute Gent Arttoelgttel Zeno 11. Mott feet Artteoteytal lone EXHIBIT 5B NOT TO SCALE pA- .:::::INi.�ciR ►art N% 10 S>= yea — __ .•— �r� M 9 sr=ter w'l---__.; ._._.—�••••,• N%% .5 S1', sccc S%% 3 Sf._ e. s S%% S SI 5%% 6 sl S%% 7 SI _ems I SM 8 S2--- a s T 1 SOUTH FLORIDA REGIONAL' PLANNING COUNCIL MASTER DEVELOPMENT PLAN Cenral Commercial HighIntensity f"� Government Office L_.J Institutional ®General Commercial Moderate Intensity Special Mixed Use Liberal Commercial I le 'Industrial parks . Source: App6canl ,,,,,� EXHIBIT 6 NOT TO SCALE t 94 8 7-1148 EXHIBIT 7 STATE OF FLORIDA BLWM-07-85 DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF LAND AND WATER MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 488-4925 Subsection 380.06(16), Florida Statutes, places the — responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the Regional Planning Council the Department of Community Affairs, and to all affected permit agencies, on the date specified in the Development Order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the - development order by the local government until the annual report Is submitted to the review agencies. This requirement 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 Planninj 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 Gay Year Month Day Year — Development: - - Name of DRI Location: City County Developer: Name: . Company Name Address: Street Location City, State, Zip Code 95 f3'7-ii4� B LW!fr-01.85 Pace Two 1) Describe any changes made in the croposec titan of cevelopment, phasing, or in the representations cc?taine- in the Application for Develo;ne^t A.bproval since the Development of Regional Impact received a:aroval. Please note ans- actions (substantial determinations) taken by local government to aecress 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 incre-rental DRI apclications for deve lo:-ant a::rove I or recuests for a s:::sta-tie t deviation ceterr.Ina-ion that were filed in tre re::rtinc year and to be .file: cwrinc the next year; c) Attach a cosy cf any notice of tnt a:cction o1 a develc_r+errt order or the sutsequent r=Ciilcation of an atc:teC devele:-e-t order that was recorded by the develocer ft:rs6anT to Sutsecticn 360.06(14)(d), F.S. 2) Has there teen a change in local government jurisdiction for any por, i on of the deve log •ent since the deve lop -gent ,order was issued? If sc. has the annexing local covernment ado.ted a new Oeveloznent of Re:icnel I-:a:t'develcpment order for the ,-.-jest? Please rrovide a cozy cf the order acccted ty tre annexing local covernmenT. 31 Provide co:ies c! anv revised raster plans, incremental site plans, etc., not previausly sutmittet. !.cte: If a rescor.se is tc :e r:cre v�nn one or Th: se-,te•:es, - attacm as Exhibit IBI. 4) Provide a suorrnary comcarison of development activity proposed and actually conducted for the reporting year. Exe-nple: Number of dwelling units constructed, site lm:rove- ments, lots sold, acres *fined, gross floor area constructed, barrels of storage capacity cc-. leted, permits obtained, etc. - Note: If a response is to be more than one sentence, attach as Exhibit 'C'. 5) Have any undevelo:ed tracts of land in the development (;t her then ineividual sin le-fe-iIv Icts) been so►: to a • se:arate entity or developer? If s:, identify trait, its size, and the buyer. Please provide v-.e s which shop the Tra:Ts invclvec. r ..i.ye rapt ... � - 96 137-JLJL48 BLWM-07-85 Page Three Note: If a response is to be more than one sentence, attach as Exhibit 'D'. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subseauenl to Issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a.response Is to be more than one sentence, attach as Exhibit 'E'/ 7) List any substantial local, state, and federal permits which have been obtained, applied for, or denied, during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit 'F'. 8) Assess the develo:�ent's and local covernment;s continuing compliance with any conditions of ap;roval contained in the DPI develccRent ercer. Note! Attach as Exhibit 'G'. (See attached form) 9) Provide any inforr-aTion that is scecifically recuired by the Develobr+ent Orcer to to included in the annual report. 10) Provide a state-ent certifying that all Persons have been se-' cosies of Vre annual resort in conformance with Subsections 35::.0c(it> and (16), F.S. Person cc'-zletin: the cuestionnaire: Title: t Re:resenting: 97 8'7-1148