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HomeMy WebLinkAboutR-87-1149J-87-1109 12/10/87 Increment 1 RESOLUTION NO. 9 7-1 i49 A RESOLUTION CONCERNING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST AREA AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT I DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND THE INCREMENT I DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT I DEVELOPMENT ORDER; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, on November 26, 1986, the Downtown Development Authority of the City of Miami submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami pursuant to F.S. 380.06 (1987), for the ongoing development through the year 2007 of a portion of the area within the DDA jurisdiction, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 9, 1987, following an advertised public hearing, adopted Resolution No. 75-87 by 6 to 2 vote, recommending approval of the Increment I Development Order for Downtown Miami as attached hereto; and WHEREAS, on December 10, 1987, the City Commission conducted a public hearing pursuant to F.S. 380.06 (1987); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional ATTACHMENTS ENCLOSED CITY COMMISSION MEETING OF 1 DEC IO 1987 RESOLUTION No.'! /-1 1 Planning Council, and each element required to be considered by F.S. 380.06 (1987); and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the issuance of the proposed Increment I Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Increment I Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Increment I Development Order for Downtown Miami, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to an area encompassing that area wi thin the City of Miami under the jurisdiction of the Downtown Development Authority, with the exception of the Southeast Overtown/park West Redevelopment District, as more particularly described in Exhibit "A". Section 2. The Increment I Development Order for Downtown Miami, (Exhibit "A"), is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Increment I Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021; and the Downtown Development Authority, Suite 1800, One Biscayne Tower, Miami, Florida 33132. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Increment I Development Order for Downtown Miami (Exhibit "A"). Section 5. In the event that any portion or section of this Resolution or the Increment I Development Order for Downtown Miami (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Increment I Development Order for Downtown Miami (Exhibit "A"), which shall remain in full force and effect. PASSED AND ADOPTED this 10th day of December , 1987. ATTEST: jl;%TTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: w ayt VOS LE. MAXWELLISTANT CITY ATTORNEY APPROVED AS A A. DOUGHE AND CORRECTNESS: , CITY ATTORNEY 3 r XAVIER L. SUAREZ, MAYOR 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 91 0301BC1 V7- //IF a4l'i PLANNING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 33126/(305) 579-6096 Mailing Address • P.O.Bos 330706 / 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 Mailing Address - P.O.Box 3307W / Miami, Florida 33233.0705 8 7-J148 12/14/87 Increment 1 EXHIBIT "A" INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director; Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. S i 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) 10050,000 400,000 500,000 1,950,000 Hotel (rooms) 1,000 500 1,100 2,600 _ Residential (dwelling units) 3,550 2,550 2,920 91020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/Industrial ff� (gross square feet) 1,050,000 0 1,050,000 2,100,000 — I 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 j 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. it 1 E 10* 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 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources 1 Management. DRI: Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. '.! Major Use Special Permit: A special permit issued by the City Commission 3? ,1 pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. `i t r - F j 1 li } 111 1 97�-1.��9 Net New Development: Any construction or reconstruction which will result in a net increase, within any "Parcel of Land", of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, government office, retail/service, convention, wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the Planning Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the land uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has on the effective date of this Development Order a valid building permit or any currently effective development order shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in.floor area; if he finds that such development would have no regional impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established; and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "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 the applicable Master Development Order; as may be modified pursuant to F.S. 380.06(19) (1987), and which shall be measured by the following land uses: Office Government Office 7,100,000 gross square feet 300,000 gross square feet 3 97-1149 /"^ Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation 1,050,000 gross square feet 1,000 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 3,400 seats ?� The City may permit simultaneous increases and decreases in the above rt described land use categories, provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit 2. C. The DDA filed the ADA with the City, the Council, and the Florida Department of Community Affairs. D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within n W `- 7-1.14:9 the area will have on land; water; transportation; environmental; community services; energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. N. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987. The South Florida Regional Planning Council recommends 5 97--1.149 approval -of Increment I of the Project; and all conditions to which such approval is subject are reflected herein. K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning classifications of Zoning Ordinance 95000. as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. P. Increment I of the Project will efficiently use public transportation facilities. Q. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. Increment I of the Project will efficiently use necessary public facilities. S. Increment I of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T. Increment I of the Project will not adversely affect living conditions in the City. U. Increment I of the Project will not adversely affect public safety. V. There is a public need for Increment I of the Project. CONCLUSIONS OF LAW: That, having made the findings of fact contained above; the City Commission hereby concludes as a matter of law, the following: A. The DDA constitutes a "downtown development authority" as defined in F.S. 380 (1987)0 and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. B. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C 97-1149 C. Increment I of the Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). E. Changes in Increment I of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through March 15th, for each sub -area. 7 c. The monitoring for each sub -area shall be completed prior to the issuance of any certificate of occupancy within that sub -area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C.; within that sub -area; or prior to March 15, 1991, whichever comes first. d. The monitor will be located at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Regulation (FDER), Dade County Environmental Resources Management (DERM), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERM and submit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 3a. below. The air quality modeling shall follow FDER guidelines and shall: a. Be limited to no more than ten (10) intersections to be selected or from among the intersections projected in the CADA to operate at level of service E or F. The intersections shall be selected Jointly by FDER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. 6 `97-11.49 C. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above; are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for implementation, must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. The program may include, but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). CO. The continuance of monitoring for specified sub -areas. 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations; do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. ` 7-1149 b: Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. 6. Based upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to pay $79543,419 (fair share in 1987 dollars), to be expended on any or all of the following transportation improvements: a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches; b. intersection improvements to the entrance and exit ramps to I-395 at NE 1st Avenue and NE 2nd Avenue; ce other transportation improvements if mutually agreed upon by the City and Council staff; subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days ` following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share; such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a: four years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development; then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a: or b: specified above: 7: Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above: 80' Make efforts to work closely with applicable governmental agencies to ensure that the Metromover Stage II herein be completed as identified in the current Metropolitan Planning Organization's Transportation 10 97-1149 Improvement Program (TIP) published in June; 1987. In the event that by December 31, 1992, the Metromover Stage II improvements are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h), (1986). Such additional Development of Regional Impact review, if required, shall be initiated by March 31, 1993: Net New Developments which have obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review: 9: Within 6 months of the effective date of this Development Order; prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance; which shall require Net New Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program; and b: provide mass transit route and schedule information in convenient locations throughout the individual development; and c: encourage mass transit use by the provision of bus shelters, bus turnout lanes; or other amenities to increase transit ridership: In addition; the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list entitled "Table 4:9 - Potential Transportation Control Measures (TCM's) for Downtown Miami" on page 4=22(R) of the CADA: The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation: -- 10. In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the 11 `�7-1.14y Miami City Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset it the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986). •` Such additional Development of Regional Impact review, if required, f: shall be initiated by the Applicant within 90 days of the identification of its need.' 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. "If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development." 12. Establish December 31, 1992 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially 12 f1 Miami City Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a — - substantial deviation from the mitigative efforts anticipated to offset i the adverse impacts of Total Allowable Development. In this event, the r= Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986). `z Such additional Development of Regional Impact review, if required, s! shall be initiated by the Applicant within 90 days of the identification of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. "If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development." 12. Establish December 31, 1992 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially 12 `%�-1149 Applicant; or that the change is clearly essential to the public health; safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major Use Special permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period ,t 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. 140 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. - IS. 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 411. Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. 13 7-1149 i sj t� 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. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987)9 and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors; and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically enumerated herein. 18. The City shall prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. The annual report for Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami Master Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 3. b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. c. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, 14 including locations; acreage; square footage; number of units; and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06 (18) (1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i. Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06 (18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 31. 1992, provided that the Applicant, or its successors and assigns, complies with paragraph 25 15 ` 7-1149. herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c) (1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (1987) . 22. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City 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 r violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, 16 , ' 1149 i 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 !f all developers under this Development Order. P ,E. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions` of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not i inconsistent with the terms hereof or of F.S. 380 (1987), or duly r r- E promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment V. dated October 5, 1987, is incorporated herein by reference. 25. 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. 26. The existence of this Development Order shalt not act to limit or proscribe the rights of any person under F.S. 380 (1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, 17 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. 27. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the i creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. ? Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 28. This. Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. y ' 29. In the event that a substantial deviation is determined under the terms -' of this Development Order or F.S. 380 (1987), the City shall retain its —' ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 30. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs. 18 ,97-1149 Exhibit 1 N.W. ,� st. i ��`� I �1 I �' —~ _ �.� � Q •KUttuw 1 D j ! � � � � •�e`�� �' Nir 77 Lj 10 ►� �' D `_' N.W. 5 ST. I� !,m �L ! �� Ulm Wpow MAGLER ST �— r Il° DOWNTOWN MIAMI DRI BOUNDARY MAP 97-1149 11►A EXHIBIT 2 LEGAL DESCRIPTION OF SUBJECT PROPERTY: t 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 x.. b; 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 Y R/W; thence run southerly and southwesterly along said easterly R/W line t 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 19 9 7-1149 Bridge; then. easterly along the said southi, y R/W line of Claughton _ i Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropolitan Dade i 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 c' around the island to the intersection with the mainland on the easterly �f ,, 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 1 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 i of Bayfront Park; thence continuing northerly, northeasterly and i northwesterly along the bulkhead line of Bayfront Park and the Bayfront —j — 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. 4C ` 7-1149 '0� Bridge; then, easterly along the said south.- y R/W line of Claughton k 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, -- is 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 5 to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of -� Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E. 17th Street and its extension thereof to the easterly R/W line of the FEC Railroad; thence southerly along the easterly R/W line of the FEC Railroad to the limited access right-of-way of I-395; thence southeasterly and easterly along the limited access right-of-way of I-395 to the centerline of Biscayne Boulevard, thence southerly along • the centerline of Biscayne Boulevard to the centerline of N.E. 5th Street, thence westerly along the centerline and N.E. and N.W. 5th Street to the point of beginning. The above described area contains approximately 839 acres. 20 97-1149 Arl AIN 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) 486-4925 Exhibit 3 Page 1 BLWM-07-85 Subsection 380.060 6), 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 eaencies. 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:' It a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Devision of Resource Planning and Management Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301 Please format your Annual Status Report after the format example provided below. ANNUAL STATUS REPORT Reporting Period: to Month/Day/Year M� *nttr ay Year Development: Name of DRI Location: city County Developer: Name: Company Name Address: treeT Location rA- City, State, a ode 67 1—3.14.9 Exhibit 3 Page 3 SLWM-07-85 Page Three Note: If a response is to be more than one sentence, attach as Exhibit 101. 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 statement certifying that all persons have been sent copies of the annual resort in conformance with Subsections 380.06(14) and (16), F.S. Person co-noleting the -questionnaire: Title: Representing: Ir ee � 69 ` 7-1149 J 65-B! Planning Advisory Board TO CITY OF MI,AMI. FLORIDA INTER -OFFICE MEMORANDUM i XP1 Rodriguez, Director FROM ng Department November 30, 1987 OAtE FILE: "Increment I" Development SUBJECT Order for Downtown Miami DRI REFERENCES: ENCLOSURES: It is recommended that the Planning Advisory Board recommend the attached resolution approving the "Increment I" 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" DO for Downtown Miami will: a. fulfill the City's final obligation under the Bayside Predevelopment Agreement with the Florida Department of Community Affairs (DCA), wherein the City would be prevented from using the new Bayf ront 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; d. affect small scale new development as well as larger scale developments greater than the DRI thresholds; e. obl i gate the City to fu 1 fi 1 l 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. Page 1 of 5 , -a.149 Planning Advisory Board November 30, 1987 g. permit development in Downtown Miami having the following positive economic impacts: 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 $157,00O,0O0 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 $52,50O,000. Increment I alone accounts for approximately $63.9 million overall and $21.3 million for the City. iii. Over $13,00O,0O0 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 "Increment I" DO differs from the "Master" 00 in that the "Increment I" DO addresses the elements of DRI review considered by the SFRPC to require an updated analysis approximately every 5 years. Thus, the "Increment I" DO contains conditions of development approval concerning the two issues with potential to constrain the future growth of downtown Miami: transportation and air quality. The "Increment I" DO contains a completion date of December 31, 1992, but may be extended by the City Commission up to an additional 5 years without triggering a substantial deviation. Before Increment I development is completed, it is intended that the City will file an Increment II application including an updated transportation and air quality analysis; however, the City Commission may elect to discontinue its role as sponsor of a downtown -wide DRI after the C i ty' s obligations from the Increment I DO have been fulfilled. In contrast, the "Master" 00 will be effective until at least the year 2007, and contains conditions of development approval concerning other infrastructure and environmental issues that do not require incremental analysis. (Applications for approval of subsequent increments of development under the Master DO will be required to also include updated information on the project description, employment and economic characteristics, wastewater treatment, water supply, solid waste disposal, health care facilities, police service and fire protection service; however, grounds for denial of any subsequent incremental applications will be limited to air quality and transportation issues.) Page 2 of 5 Planning Advisory Board November 30, 1987 The "Increment I" DO allows the C i ty to issue Certificates of Occupancy for the maximum amount of new development listed below as "Total Allowable Development." There is some flexibility to increase Total Allowable Development (up to 10%) and to trade off certain land uses between one another, subject to the substantial deviation section of F.S.380.06. Total Allowable Development: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial I nsti tuti onal Attractions/Recreation 7,100,000 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,000 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 3,400 seats 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. The "Increment I" DO will have no effect on projects that already have building permits or their own DRI development order. In addition, individual 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 "Increment I" DO, found in paragraphs 2 through 11 on pp. 7-11 of that DO (Exhibit "A"), can be summarized as follows: a. Air Quality (paragraphs 2-5): a group : New development will generate additional vehicular traffic which will increase carbon monoxide (CO) emissions and hydrocarbon emissions which are precursors for ozone formation. Dade County is currently classified by the federal Environmental Protection Agency (EPA) as a non -attainment area for ozone and was, in the recent past, a non -attainment area for CO. An existing CO monitor, located at 101 E. Flagler Street and operated by Dade County, recorded violations of the Page 3 of 5 1 _1.149 ."A r� Planning Advisory Board November 30, 1987 federal and state standards for CO concentrations between the years 1980 and 1984, and have been recording concentrations slightly below the violation threshold since 1984. Recommendation: The City will be required to conduct carbon monoxide (CO) monitoring in the Omni and Bri ckel l areas to supplement data from the existing monitor on F1 agler Street. Based upon the monitoring data, the City is likely to subsequently be required to conduct CO modeling at the 10 intersections projected in the traffic study to operate at poor levels of service (LOS E or F). The monitoring and modeling must be completed by 1992 and is projected to cost approximately $50,000 in consultant fees, which is expected to be funded from a proposed special fee assessment ordinance to be applicable to each new development seeking permits under this DO. Depending upon the results of the CO modeling exercise, either the City or the individual developers seeking project approval may need to implement appropriate corrective measures, including such things as roadway improvements, parking limitations, ridesharing inducements, and transit enhancements. It is recommended that the special fee assessment ordinance for the Downtown DR I include a small fee for air quality induced transportation improvement needs, which would be rebated to developers if not needed for that purpose. If CO levels are predicted to violate the state and federal minimum standard and suitable corrective measures cannot be agreed upon, the City would be required by the 00 to stop issuing permits for new developments in the subject subarea. b. Transportation (paragraphs 6-10): ac groun State law pro i i s local governments from issuing DRI development orders unless it can be shown that the necessary public infrastructure will be available coincident with the impacts of the new development. Downtown Miami is fortunate to have most of its infrastructure already in place, including a bus and rail transit system; however, the State law mandates minimum "Level of Service" standards for all major roadways that will be problematic to maintain in the downtown area as growth continues beyond Increment I of this DO. Approval of the Increment I growth is possible because the SFRPC, Dade County, and the Florida Department of Transportation all agreed to designate Downtown Miami as a "Special Transportation Area," thereby approving a lower Level of Service standard than is otherwise applied statewide. Page 4 of 5 .S 87•1.149 Planning Advisory Board November 30, 1987 Recommendation: The City would be obligated to spend $7; 543, 419 (fair share in 1987 dollars) on certain qualified roadway capacity improvements, as mitigation for traffic impacts projected to be created by Increment I development. The entire sum is expected to be funded from a special fee ordinance to be assessed on all new development seeking permits under this DO. The DO enables the City to "contract to pay" the $7.5 million so that payment can be extended over time coincident with collection of the fees from individual developers. The second major transportation related condition is that the State II Metromover (Bri ckel l and Omni legs) must be under construction by the end of 1992; or the City would be required to declare a substantial deviation at that time, thereby requiring the City to submit a revised traffic impact analysis for Increment I or an application for Increment II. Finally, the City would be required to adopt and implement within 18 months a Transportation Control Measures (TCM) Ordinance that would require developers to provide their tenants and visitors with carpooling and transit information and, where applicable, to provide onsite physical improvements to enhance transit ridership. The TCM ordinance is also required to contain other measures yet to be agreed upon by the City and SFRPC. c. Dawnzoning (paragraph 11): ac group prohibits local government from downzoning any land which has a valid development order. Recommendation: This DO will not individual parcel of land unless on that parcel. Thus the City currently has to downzone land, u specific development on that land comes first. SR/JAM/dr dr87:249 be considered to be binding on any development permits have been issued would retain whatever authority it p until the time that it approves a or until December 31;, 1992, whichever Page 5 of 5 87;-1149 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Matty 'Hirai DATE June 13, 1988 `«F C� ty Clerk SUBA,:' Stipulations of Agreement W in Downtown DRI and Southeast Overtown/Park West k Joel F.. Maxw 11 REFEHEN ES DRI Appeals f Assistant City Attorney Resolutions 87-1148, 87-1149, IN-LOE✓a;S 88-110, 88-111, 88-447 and 388-456 i 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 s the Florida Department of Community Affairs. Said Stipulations are as follows: a. Department of Communitg Affairs vs. the City of j Miami, Case No. - this is t e Agreement settling the Overtown/Park West DRI Appeal. _It ' should -.be .filed, and copies cross-referenced, with the following City Commission Resolutions: 1. 88-110 (approved Master Development Order), 2. 88-111 (approved Increment I), 3. 88-456 (approved Settlement); b. Department of Community Affairs vs. City of Miami and City of Miami Downtown Development Authority, Case No. -16 8. This is the agreement settling _ the Downtown DRI appeal. It should be filed, and -- copies cross-referenced, with the following City Commission Resolutions: 1. 87-1148 (approved Master Development Order), 2. 87-1149 (approved Increment I), = 3. 88-447 (approved Settlement). Should you have any questions, please do not hesitate to contact me. e- Matty Hirai June 13, 1988 City i 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.) 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 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 L WHEREAS, the CITY, AUTHORITY and the DEPARTMENT entered into a Predevelopment Agreement ("Agreement") on the June 28, 1985,; and WHEREAS, pursuant to the Agreement, as amended, the AUTHORITY prepared and timely filed an Application for Development Approval ("ADA") for the City of Miami Downtown DRI, pursuant to Subsection 380.06(22), F.S. (1987); and WHEREAS, the AUTHORITY has timely filed the ADA with the South Florida Regional Planning Council and obtained a Report and Recommendations from the Council; and WHEREAS, the CITY considered the ADA, the Report and Recommendations of the South Florida Regional Planning Council, and each element required to be considered by Section 380.06, F.S. (1987); and WHEREAS, the CITY and the AUTHORITY have considered the impacts and needs created by the amounts of development by land use as analyzed in the ADA and approved in the Increment I development order; have provided for the necessary mitigation and infrastructure needed to support the existing, permitted and approved amounts in order that the approved amounts represent, for accounting purposes, net new development; and have, thereby, created an incentive to encourage redevelopment, rehabilitation and reuse of existing structures; and WHEREAS, the Downtown DRI provides an incentive for large scale new development to locate in downtown Miami, but could create a disincentive to small development, redevelopment and rehabilitation of existing structures if applied indiscriminately to all development; and WHEREAS, the City Commission deemed it advisable and in the best interest of the general welfare of the CITY to issue and did issue the Master Development Order and the Increment I Development Order, incorporated herein as Exhibit A, approving the Downtown Miami Development of Regional Impact on December 10, 1987, (hereinafter collectively "the Downtown DRI"); and WHEREAS, the DEPARTMENT pursuant to Section 380.07, F.S., instituted this appeal of the CITY's Downtown DRI development orders for the Downtown DRI, on February 4, 1988, and sought to reverse the Downtown DRI development orders to the extent that they are found by the Commission to be illegal and violative of the provisions of Chapter 380, F.S. (1987); and WHEREAS, the CITY, the AUTHORITY and the DEPARTMENT are desirous of settling all issues raised in the appeal and have met to discuss the mutual resolution of the issues raised in this appeal. - NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties to this appeal agree as follows: 1. The CITY and the AUTHORITY shall abide by the terms and conditions of this agreement. The CITY and the AUTHORITY shall take no action in implementing and enforcing the Downtown DRI or this Stipulation of Settlement which conflicts with the terms and conditions of this Stipulation of Settlement and shall utilize their best efforts to enforce and fulfill its terms and conditions. 2. The CITY and the AUTHORITY shall include all development, as defined by Section 380.04, F.S. (1987), in implementing the conditions of the Downtown DRI in accordance with, and limited by, the terms of Exhibit 8, attached hereto and made a part hereof. 3. The term Total Allowable Development need not include redevelopment or rehabilitation and reuse of existing structures on individual parcels, as represented in the Downtown DRI, because the methodology in the ADA for accounting for the impacts of the existing, including previously approved and permitted, amounts of development furthers the goals listed above. The CITY and the AUTHORITY agree to maintain detailed records concerning all development, as defined pursuant to Section 380.04, F.S. (1987), including any redevelopment, and all maximum 100000 square foot exemptions granted by the Planning Director, that are excluded from Net New Development. The cumulative sum of the exclusions made pursuant to the maximum _ 10,000 square foot exemption shall be termed the "Aggregate Exclusion" and shall be reported in the Annual Report to the DEPARTMENT. The CITY and the AUTHORITY agree that maximum 10,000 square foot exclusions from Net New Development will not be granted to any development on a parcel where the amount of the proposed new construction exceeds 10,000 total square feet. The intent of this language is to clarify those developments which would be eligible for the granting of an exclusion from Net New Development by the Planning Director under the procedures as outlined in the Downtown DRI. 4. When the sum of the approved Aggregate Exclusion and the total amount of Net New Development equals the Total _ Allowable Development, then the CITY and AUTHORITY agree to _ amend, pursuant to the provisions of Subsection 380.06(19), F.S., the Incremental development order, by seeking approval for additional development by an amount that equals or exceeds the amount of the approved Aggregate Exclusion development, and, if necessary, to re-evaluate the Increment I development order conditions based on the regional impact review. The CITY shall demonstrate that all impacts resulting from such proposed development will be adequately mitigated and that public - facilities necessary to serve that development will be available. The CITY, the AUTHORITY and the DEPARTMENT agree that nothing in the above language shall preclude the CITY from proposing a change to the Downtown DRI under Subsection 380.06(19), F.S., prior to the time that the above thresholds are met. 5. In the event that a proposed change is requested as a Substantial Deviation, or a Substantial Deviation is declared, pursuant to Subsection 380.06(19), F.S. (1987), the CITY may continue to issue building permits and Major Use Special Permits so long as such permits are issued as a result of any one of the following: (a) a Predevelopment Agreement between the CITY and the DEPARTMENT, or (b) the permits and the development allowed by them are not affected by the proposed change which brought about the request for a Substantial Deviation. - 6. The CITY and the AUTHORITY specifically agree that the provisions of paragraph 39 of the Master Development Order and paragraph 30 of the Increment I Development Order will be inapplicable and inadmissible in any litigation brought by the DEPARTMENT in any injunctive action concerning Chapter 380, F.S., (1987) and the CITY and AUTHORITY hereby waive said right purportedly granted by those paragraphs solely as to the DEPARTMENT. 7. The CITY and the AUTHORITY shall not rescind the Master Development Order pursuant to paragraph 40 of that Order at the completion of the Increment I Development Order until the CITY and AUTHORITY have fulfilled the mitigation requirements of the Increment I Development Order. S. The DEPARTMENT has received the Consolidated Application for Development Approval (CADA) from the CITY and the AUTHORITY. The DEPARTMENT agrees that submittal of the CADA is no longer an issue of the appeal. 9. The parties agree that the Downtown DRI development orders as approved shall be clarified by the terms of this Stipulation of Settlement. This stipulation shall become effective upon the filing, by the Department, of a Notice of r i 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 I successors and assigns of the parties. 11. The date of execution of this agreement shall be the date that the last party signs and acknowledges this agreement. 12. Each party of this proceeding shall bear its own costs, including attorney's fees. 13. The CITY and AUTHORITY agree to record this Stipulation simultaneously with the Master Development Order and the Increment 1 Development Order in the public records of Dade County, Florida. A copy of the recorded Stipulation shall be provided to the Department within 30 days after the effective date of the Stipulation. Approved/as to form and legal sufficiXPcy: Lucia h. Dougherty, { City Attornery, City of Miami WITNESS:, ---V/w WITNESS: CITY OF MI JI By: �' L �• Cesar *atty ity Manager Attested byi, City Clerk The foregoi_pg instrument was acknowledge for me this g?3tb day of b 4= �-- �'• 1 • Notary Public, State of Florida Notary Public State of Florida My commission expirewco m;ssion Ex .Apr.26, 1990 olns.Und d Inneral Approved as to form and legal Sufficien - lip _ 8 o y nz e, ive Director Downtown DevqX41pment Authority WITNESS. S�LZA WITNESS: STATE OF FLORIDA The foregoingtrument was knowl g beforg me this -aday of by r otary PAllc,, Stake of Florida My commission expires: Notary Pux• Steve cf Rom+ Com�w moues Wce 17,1g31 A STATE OF FLORIDA COUNTY OF Approved as to form and legal Sufficiency: urence Kejwdey, Gen al Counsel, Mpartment of Community Affairs WITNESS: WITNESS: STATE OF FLORIDA COUNTY OF LEON DEPARTMENT OF COMMUNITY AFFAIRS By • a&690A . l�' C. Thomas G. Pelham, Secretary 2740 Centerview Drive Tallahassee, Florida 32399 T e forego nq inst ume was cl owledg a me s day o , by , o the Depart*of of Community Affairs, an agencyof the state of Florida, on beTialf of the Department. , Notary Public, State of Florida My commission expires: ^1 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. ' - Appl icabiI ity: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; or where existing drainage facilities are adequate to retain stormwater within the site. 4. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance or establish an accepted procedure to require Net New Developments to design, construct and maintain stormwater management systems to meet the following standards: a. Retain the runoff from at least a 5-year storm on each Parcel of Land wherever feasible and construct drainage systems as proposed in the Consolidated Application for Development Approval (CADA). Consistent Page 1 of 10 with the CADA, individual drainage systems must be designed to retain at least the first one -inch of stormwater runoff within drainage wells and exfi 1 tration trenches. all Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 0-4 of the "Public Works Manual" of Dade County and the South Florida Water Management District Rules. b. Install pollutant retardant structures (catch basin with down -turned inlet pipe or other Dade County DERM-approved device) to treat all stormwater runoff at each individual drainage structure and/or well, and periodically remove pollutant accumulations. Applicability: (a.) All development except as may be exempted by Dade County DERM pursuant to the South Florida Water Management District Rules. c. Limit application of pesticides and fertilizers in vegetated storm water retention areas to once per year for preventive maintenance and to emergencies, such as uncontrolled insect infestation. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill. d. Vacuum sweep all parking lots of eleven or more vehicle spaces and private roadways serving the parking lots at least once per week. Page 2 of 10 Applicability: - (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing — ' structure or land improvement; new structures or additions to , existing structures of less than 10,000 square feet; excavation; — demolition; or deposit of fill. e. Both during and following construction, prevent the direct flow of stormwater runoff (that has not been pre-treated pursuant to Condition 4a. above) into surface waters. Applicability: — (a.) All development, other than (b.). _ (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing :f 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. s 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 -1 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 Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity, such as lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are subject to the requirement contained in Condition 5c. below. Applicability: i j (a.) All development, except as may be exempted by Dade County DERM, j 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 recyci er or a waste exchange operation. Page 4 of 10 Applicability: (a.) All development, except as may be exempted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. e. Prohibit generation of hazardous effluents, unl ess adequate s 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 Brasilian Pepper, from their Parcel of Land as the parcel is cleared, and use only those plant species identified in Appendix 8-4 of the CADA for landscaping. Additional species may be used only if written approval is provided by Council staff. Such approval will be based on the species under consideration meeting the following criteria: - does not require excessive irrigation - does not require excessive fertilizer application - is not prone to insect infestation or other pests - is not prone to disease - does not have invasive root systems - such other criteria as may be appropriate. Applicability: (a.) Removal of invasive species applicable to all development. (b.) Use of species listed in Appendix 8-4 of the CADA applicable to all development, other than (c.). (c.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of 1 ess than 10,000 square feet; excavation; demolition; or deposit of fill. 8. Direct the City Manager to establish procedures whereby the Police Department and Fire Department shall make recommendations to incorporate security measures into the design and operation of Net New Development. Appl i cabi 1 i ty : (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 dev el opment. Applicability: (a.) All development that requires an increase in gallonage of water. Page 7 of 10 y 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. INCREMW 100 CONDITIONS 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur; or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated ( according to Council staff and the City subsequent to review and comment by FOR and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling study which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of existing structures or land improvements; change of use or intensity of use of an existing I. structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet where such new structures or additions are projected to generate a net increase of 5 or less peak hour motor vehicle trips; excavation; demolition; deposit of fill; or redevelopment where redevelopment Page 8 of 10 redevelopment means any new construction that replaces, with an equal or lesser amount of square footage, an existing structure that had a valid certificate of occupancy on the effective date of the Increment I Development Order. 9. Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and C. encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list entitled Table 4.9 - Potential Transportation Control Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of s Transportation. { Applicability: (a.) "a." and "b." above applicable to all development, other than (b.). "c." above must be applied with discretion to only those developments where specific transit amenities are needed and where the scope and cost of the construction would justify the expense of providing the specific transit amenity. (b.) Exceptions for' renovation of existing structures or land improvements; change of use or intensity of use of an existing structure or land improvement; new structures or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill. Page 9 of 10 (c.) 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 n JAN I 1 F1112: � To. Matty Hirai DATE -January 8, 1988 _ FILE. ' City Clerk PliA 1 T °t i.R.A Attention: Sylvia Lowman SUBJECT: Resolution NoC'Tq't1+�-Kw. fM D put Ci y/Clerk and ResoluEikl>' )FWgW,49 Y7- FROM4A.83 Eaxwell REFERENCES: City Commission Meeting stant City Attorney December 10, 1987; Downtown ENCLOSURES: DRI Pursuant t our telephone conversations of yesterday, I am submitting to your office, for insertion in the subject resolutions, five new original pages. 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 un�cerlining which occurred during the printout process. Because the pages do 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 tFat accompany this memorandum. I have taken the liberty of penciling in on said pages 12 and 19, Resolution No. "87-1148" so that there will be no confusion as to which resolution these pages are intended for. Pages 12, 17 and 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 t E 5� 8 7--1149 F� f f k r,. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 65mm"B j- TO Honorable Mayor and Members of DATE. December 8, 1987 FILE: the City Commission do - FROM Rodriguez, Director ng Department SUBJECT. Development Order for Downtown Miami DRI - Increment I REFERENCES: Agenda Item 65-B ENCLOSURES. Attached is a copy of Agenda Item 65-8, the Increment I Development Order for the Downtown Miami DRI, which may have been inadvertently omitted from your agenda package. SR/JAM/dr dr87:254 Y i 1 I t I_ 1� ., M% '° F 'sin• .<w ¢ T - INTRODUCTION This assessment of the proposed Downtown Miami - Increment I development has been prepared by the South Florida Regional Planning.Council, as required by the Florida Environmental Land and Water Management Act for all Developments of Regional Impact. The assessment is based on information supplied by the Applicant, Dade County, and the City of Miami staff, official plans, consultants, and field inspection. Additional research relative to specific issues was conducted by Council staff where needed. In accordance with the Act, this assessment provides an overview 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 with conditions an application for a development permit) issued with regard to this project must be transmitted to the South Florida Regional Planning Council and the Florida Department of Community Affairs. 8'7--1149 r Holi 9-0 j .�. PART I - PROJECT DESCRIPTION A. B. r APPLICANT INFORMATION Project Name: Downtown Miami - Increment I Applicant: Downtown Development Authority; City of Miami Suite 1818 One Biscayne Tower Miami, Florida 33131 Date of Acceptance of Application: August 14, 1987 Date of Receipt of Local Public gearing Notice: September 219 1987 Deadline for Council Action: November 9, 1987 Date of Local Public gearing: November 12, 1987 Type of Development: Mixed -use Location of Development: City of Miami It PROJECT DESCRIPTION The City of Miami development has undertaken a Development of Regional Impact for a portion of the City within the jurisdiction of the Downtown 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 Downtown Miami DRI be reviewed as a Master/Incremental development pursuant to s. 380.06(21), F.S., and Rule 9J-2.28, F.A.C., which states the following: If a proposed development is planned for development over an extended period of time, the developer may file an application for master development approval of the project and agree to present subsequent increments of the development for preconstruction review. N 8'7-IL149 4 f It is further stipulated in s. 380.06(21), F.S., that the Development Order for a Master ADA shall specify the information which must be submitted with an Incremental ADA and shall specify those issues which can result in the denial of an Incremental ADA. The recommendations contained in this impact assessment report Include a breakdown of those issues which are dealt with in a Master Plan Development Order (DO) from those issues vhich will be dealt with in future Incremental Plan Development Orders. The recommendations contained in this impact assessment report deal with only -those issues which vere defined for preconstruction review for Incremental ADAs in the Downtown Miami - Muster Impact Assessment Report. Those issues to be part of the Downtown Miami - Increment I Development Order will be discussed in the body of this report. Other issues which cover the entire Downtown Miami development, including Increment I, have been discussed in the Downtown Miami - Master Impact Assessment Report. 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/NV 17th Street on the north, and the Metrorail alignment, the F.S.C. Railroad, and NV 3rd Avenue on the vest (Figure 1). For the purposes of review, the DDA District has been divided into four sub -areas: 3 I 8'7s-1149 LW Y jp.0 )AN J #071A 176 FLORIDASOUTH REGIONAL COUNCIL i PROJECT rwM•.1•• • IM �./•M � � f YJ•�wr% ��� • •l / \ r r TJ I • .� ` • �j. Y l.. • rl� r r• r , LOCATION MAP Source:AOA I r_ FIGURE 1 �t- NOT TO SCALE J 'rye,•, k A jL Aft r 1) Central Business District (CBD) 2) Brickell 3) Omni 4) Park Vest The Park Vest sub-area'is being revieved as a separate DRI and is not included as vithin the area of reviev of this assessment. The other three sub -areas make up the area of reviev of this assessment and are shove in greater detail in Figures 2-4. The project area currently contains development as shove in Table I. two 1 • dal & Government Retail/service Attraction/ Office Space Speee Botel Residential Institutional Recreation (SQ. Ft.) (SA. Ft.) Ro= s) (SQ. Ft.) . Ft. 1498409600 417220700 6,5M 39075 349400 59000 BMW: ADA For additional development vithin the study area, the analysis has been broken into three phases spanning the period 1987-2007. Increment I development consists of the first phase proposed for construction during the period 1987-1992. The amount of development proposed for Increment I is shovn in Table 2. The development 5 • .-Ate..,.-. e... ti 8'7-1149 f IL r S. � w EFF :to 0 h N z. 4 1 3M J - -� J , -Lip . ■ -- ONE • -:. :1IM11■ Rum V!i ir= z= �IItr11 "" Min, nil _I M _i.177 ■n- imn =iPlump ■ EMU: r .� •�� � �� '. cI-IRIPS -�1 W, s \AW proposed for Increment I is further broken into sub -areas in Table 3. The Master Development Plan is shove as Figure 5. Sub -Area land [1se Phase I Omni: Office 1,000,000 S.F Govm=wt Office 1501000 S.F. Retail/Service 5090M S.F. Hotel 0 Rms. Residential S00 Mb Convention 25090M S.F. Wholesale/Industrial 1,000,000 S.F. ®D: Office 3,100,000 S.F. Govetnmt Office 150,000 S.F. Retail/Service 6509000 S.F. Hotel M Rms. Residential 1,000 DDs Convention 25090M S.P. ftlesal,eJIndustrial 509000 S.F. Institutional 30090M S.F. Attractions/Recreation 3,400 Seats Brick)ell: Office 3,000,000 S.F. Retail/Service 350,00D S.F. Hotel 350 Rms. Residential 29050 ab Wig: ADA 10 N r LIST OF TABLES Table No. Title Pane 1 Existing Development ....................................... 5 2 Increment I Proposed Development ........................... 9 3 Increment I Proposed Development by Sub -Area ............... 10 4 Construction Costs ......................................... 14 5 Permanent Employment ....................................... 15 Permanent Employment Impacts ............................... 16 w6 I F i s cal Im pac is . . • .... . .. . . . . .. . . . ........ . ... . ........ 0 . .. , 17 8 Water, Vastewater, and Solid Waste ......................... 18 9 Police, Fire, and Emergency Medical Services ..............0 19 10 Existing Traffic Conditions - Segments Operating at or Below LOS "E"........................................ 22 11 Committed Transportation Improvements ...................... 24 12 Constrained Roadways ....................................... 28 13 Proposed Development Program ............................... 29 14 On -Site Improvements Needed to Accommodate Project and Other Traffic Impacts .................................. 32 87. 1149 1 LIST OF EXHIBITS Exhibit No. Title Page 1 Metromover • Stage II Improv,,ments ........................ 65 =- i 2 Master Development Plan ................................... 66 3 Annual Status Report Form..............................0.0 67 t_ r 8'7--1149 w Y u 4 i i i t LIST OF FIGURES FiR_ure No. Title Page 1 Location Map ............................................... 4 2 Central Business District Sub -Area ......................... 6 3 Brickell Sub -Area 7 ...............................,.......... — 4 Omni Sub -Area .............................................. g 5 Master Development Plan .................................... 11 bTraffic Impact Area ........................................ 21 i 1 97--1149 1 x VA At MU1 r� 65 B DRAFT REPORT DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT - FOR DOWNTOWN MIAM1 • INCREMENT I Located in the City of Miami 73.05 E t i 's SOUTH FLORIDA REGIONAL PLANNING COUNCIL — 1 October 5, 1987 97 -1149 f r E, E wy—mp rnr TABLE OF CONTENTS !� Page '_-- LISTOF FIGURES....................................................... i LISTOF TABLES........................................................- LISTOF EXHIBITS....................................................... INTRODUCTION.......................................................... 1 PARTI. PROJECT DESCRIPTION ........................................ 2 A. APPLICANT INFORMATION .... ......... .....:............... 2 B. PROJECT INFORMATION .................................... 2 PARTII. PROJECT IMPACTS AND ISSUES ................................. 12 A. ENVIRONMENT AND NATURAL RESOURCES ...................... 12 B. ECONOMY ................................................ 14 C. PUBLIC FACILITIES ...................................... 18 D. TRANSPORTATION ......................................... 20 PART III. COMMENTS FROM OTHER REVIEWING AGENCIES ..................... 34 =— PARTIV. SUMMARY AND RECOMMENDATIONS ................................ 44 8'7. 1149 r S f ice_ ssso M% 1 / I NV1 10 St--- NIA 9 Sr===�m� :; \ICE -- r N%V 8 SI : �!--- NW 7 ST �-- NW 6 ST�sss--=�i :--r— N%'1' S St' Zcae '— • N%% 3 St-- v�� 2 S1 ,V�V 1 Sire �♦'• • ¢si� U � t= SW 1 Si EE S%% 2 Sf S% 3 SL.—�,. S% 4 Sim: = - S% 5 ST SW 7 St. ` S%% 8 Si i SOUTH FLORDA REGIONAL COUNCIL ZZ ....:: MASTER DEVELOPMENT PLAN Central Commercial f Government office High Intensity Institutional ®General Commercial Moderate Intensity Special Mixed Use Liberal Commercial -Wholesale 'Industrialr1mma n"% parks Source: Applicua FIGURE 5 NOT TO SCALE iit PART II - PROJECT IMPACTS AND ISSUES A. ENVIRONMENT AND NATURAL RESOURCES 1. Sum Impacts of the proposed development on the environment and natural resources vere addressed in the Dovntovn Miami - Master Impact Assessment Report. The exception to this is air quality impacts which are addressed below. 2. Air Quality The Applicant has submitted an air quality study for the Dovntovn Miami Areavide Development of Regional Impact. The Florida Department of Environmental Regulation (FDER), Dade County Department of Environmental Resources Management (DERM), and Council staff have evaluated the study. The study contains sufficient documentation of past and current air quality data obtained through 1987 (existing conditions). Data is obtained from an existing air quality monitoring site operated by DERM as part of a County -vide carbon monoxide (CO) monitoring netvork. The monitor, located in the Central Business District (CBD), has recorded exceedences of the U.S. Environmental Protection Agency (EPA) standards for CO in the years 1983-85. Since 1986, one exceedence of the EPA standards 12 8 7-1149 WL for CO has been recorded in Dade County. The reduction of CO concentrations has been attributed to the Federal Motor Vehicle Control Program. Sovever, if acceptable air quality standards are again exceeded, then the EPA may designate Dade and Brovard Counties as non -attainment areas for carbon monoxide. In the event that this designation occurs, the Counties vould be required to develop plans to reduce carbon monoxide to acceptable levels. This could involve a loss of Federal funding,*constructing . additional roadvay improvements in the area, and/or establishing a vehicle inspection and maintenance program to monitor vehicle emissions. With the possibility of air quality violations associated vith areavide development, coupled vith the potential cost to the Region, it is recommended that the Applicant implement an air quality monitoring and abatement program. In addition, it is recommended that the Applicant conduct an air quality modeling study to determine vhat, if any, changes are needed in the monitoring netvork, including an assessment of the need to continue monitoring. Conditions 1 through 4 in Part IV of this report address air quality issues. 13 TIM 87-1149 E 1 B. ECONOMY 1. Summer Impacts of the overall proposed development on the economy has been addressed in the Dovntown Miami - Master Impact Assessment Report. The impacts of the Increment I proposed development on the economy are addressed below. 2. Project Costs Table 4 summarizes project costs, including construction employment. TOE 4 M SII=ON COSTSk f Cost Item Incremt I Total Percent in Rggicn Lard $ 578,0419200 100 Labor 491,626,692 100 Materials' 19008,333,144 70 Interest 129,642,833 70 Peary PLyrdN 50.416,657 50 �1'AL 3292589O6O952b 84% 1 Construction &Flom - 20,413 a plgmie-years Construction Wages - $24,O84 per emplayee-year * 1997 dollars SOEEM: AM 14 I 9 7--1149 I} iu -'fir. '�Llr`t➢F�r RR ¢ I I� $y� F T• X Tt' 3. Permanent Employment Table 5 summarizes the project's permanent employment. TAM 5 PERMl W Fly DMW OAAW of BRAOYees) Retail Office Industrial Total Incremmt I 1,553 329886 19051 359490 90tRM: AOA, SFM About 25 percent of the jobs, 8,873 employees, can be - considered nev to the Region. Table 6 summarizes the indirect and induced effects of these nev employees for Increment I development. 4. Fiscal Impact Table 7 summarizes the projected fiscal impacts of Increment I on the Region using 1986 millage rates and historical average expenditure rates. 15 8 7-1149 s i t! r_ F� ram-- TABLE 6 PFRMAI= DRDMW WAM A. EMPLOYMENT SO. FLA, PALM BROWARD DADE MONROE REGION BEACH F- AGRICULTURE, FORESTRY. FISHING* 0. 0. 0. 0. 0. AGRICULTURAL SERVICES 23. 34. 8. 65. 24. MINING 2. 5. 0. 6. 0. - CONSTRUCTION 170. 273. 7. 451, 94. MANUFACTURING 247. 950. 2. 1199. 211. TRANSPORTATION AND UTILITIES 240. 1264. 11. 1515. 114. WHOLESALE TRADE 112. 612. 4, 728. 97. RETAIL TRADE 1602. 4080. 98. 5779. 843. FINANCE„ INS. AND REAL ESTATE 1620. 8554. 40. 10214. 762. SERVICES 2001. 12221, 94. 14317. 1044. GOVERMENT* 0. 0. 0. 0. 0. TOTAL 6019. 27992. 265. 34276. 3149. Be TOTAL, WAGES (1000 S) AGRICULTURE. FORESTRY, FISHING 60. 200. 0. 259. 593. AGRICULTURAL SERVICES 151. 253. 56. 460. 167. MINING 20. 46. 3. 70. 36. CONSTRUCTION 1p44. 2772. 107. 4822. 1095. MANUFACTURING 2299. 9882. 36. 12216. 1587. -- TRANSPORTATION AND UTILITIES 3700. 16307. 227. 20235. 1782. WHOLESALE TRADE 1270. 7119. 81. 8471. 758. RETAIL TRADE 9326. 22668. 681. 32875. 4800. FINANCE, INS. AND REAL ESTATE 9022. 107200. '311. 116532. 4798. SERVICES 18208. 140440. 1232. 159880. 10086. GOVERMENT 1232. 2882. 75. 4188. 695. TOTAL 47431. 309769. 2809. 360008. 26398. C. VALUE OF OUTPUT (1000 S) - AGRICULTURE. FORESTRY, FISHING 286. 958. 0. 1244. 2845. - AGRICULTURAL SERVICES 424, 712. 158. 1294. 470. MINING $4. 190. 14, 288. 149. CONSTRUCTION 12496. 17817. 687. 31000. 7040. - MANUFACTURING 11843. 50910. 185. 62938. 8176. TRANSPORTATION AND UTILITIES 11633. 51267. 714. 63614. 5601. WHOLESALE TRADE 2487. 13941. 159. 16587. 1485. - RETAIL TRADE 21537. 51250. 1539. 74326. 10852. FINANCE, INS. AND REAL ESTATE 49858. 592440. 1717. 644015. 26518. - SERVICES 35212. 271590. 2382. 309164. 19505. GOVERNMENT 1692. 3981. 88. 5761. 959. TOTAL 147552. 1055056. 7643. 1210251. 83600. D. VALUE ADDED (1000 S) AGRICULTURE, FORESTRY, FISHING 140, 470. 0. 611, 1396. AGRICULTURAL SERVICES 240. 402, 90. 732. 266. MINING 52. 11e. a. 178. 92. - CONSTRUCTION 2161. 3081. 119. 5360. 1217. MANUFACTUlt I NO 4664. 20051. 73. 24788. 3220. TRANSPORTATIO4 AND UTILITIES 7887. 34757, 464. 43128. 3797. WHOLESALE TRADE 1583. 8877, 101. 10562. 946. RETAIL TRADE 108". 25857. 776. 37499. 5475. FINANCE, INS, AND REAL ESTATE 27515. 326940. 947. 355402. 14634. SERVICES 24584. 189620. 1663. 215867. 13618. GOVERNMENT 1354, 3232. 72. 4658. 763. - TOTAL 810". 613406. 4334. 698787. 45425. ��- * Dallars•to-Emoloyment Conversion Factors are not aysltecle for these Industries. t- Z We: Nufters way not total due to rounding. - SD=E: SFRPC il: 87-1149 TAB($ 7 FT:�(Al. I,f�ACTS DOWNTOWN MIAM19 PFIASE 1 NAME nF DEVELOPMENT 1 OCAT I ON M I AM f CITY DADE COUNTY SFWMD/DDA/LIPRARY 4;FrC1AL DISTRICT DADF r,CHOOL DISTRICT TYPE OF DEVELOFIlENt MIXED MULTIFAMILY M[1t%ILE-NQME TOTAL S[N6LE-FAMILY TYPE OF DWELLING UNIT 3550 0 NUMBER OF UNITS 0.00 NIIMNER OF STUDENTS PER UNIT .„7 0.00 0.00 l.77 NUMBER OF PERSONS PER UNIT N `j 95H. TOTAL NUMBER OF STUDENTS 6-76 j. UL RESIDENT POPATION NUME;ER OF EMPLOYEES 35496. PROPERTY VALUE 3421415424. CONDUCTED USING AVERAGE COEFFICIENTS ANALYSES DISTRICT SCil00L DISTRICT TOTAL CITY CaI�lTy SPECIAL $ A. 4 4726574. ONE-TIME REVENUES • t-661774. t 219(17012. Ex rNDITURFS t EI'Oi!�b4. f 9rih14'•b. !1 `9q�1gi). iA TOIM. MCW ANNUAL- ♦ 4gnSIS60- �^ ri1 S Iq=3-•696. f 177i)164is, f 2bb575b. TOTAL tip W ANt�MN'`l RrVFfII�S ramok C. PUBLIC FACILITIES 1. Water, Vastevater, and Solid Waste Table 8 summarizes the projectIs impact on water, vastevatert and solid waste. TABLE 8 V=9 VASMQ=t AND SOLID ;MM Public Averp Peak Provider of Available Facility Demand Dead Service Capacity Potable Vater 2t140t000 H3D 5t350o000 H3D Dade Canty Yes Wastewater 10740,000 M3D 4,3150,000 MM We Canty Yes Solid Waste 119-13 TM WA Dade Ownty Yes 649.26 CYPD GPD - Gill= per day 7FD - Tws per day CYM - Cubic Yards per dgy WA - Not applicable SMM: AM 2. Police, Fire, and Emergency Medical Services Table 9 summarizes police, fire, and emergency medical service availability. 87-1149 .ZL TABLE 9 POLI(Eo FIE, AND 90CM MEMCAL S�EVRVIfFS Service Provider Location Response Time Police City of Miami a Miami Police Station 3-5 minutes 400 NW 2rd Avwm e Omnoan Mini Station 3-5 minutes 1600 NW 3rd Ave ie Fire City of Miami a Omi Fire Station #2 tms than 4 1901 North Miami Ave. minutes e f2D: Fire Station #1 Less dour 4 144 NB 5th Street minutes e BridceU: Fire Station 04 Less than 4 1105 SW grid Avemn minutes Medical lade Comity a Jackson Memorial Bosp. - Services Federal Gov't. 1611 NW 12th Averue Private Sector e Cedars Medical 0enter - 1400 NW 12th Street e Victoria Bospital - 955 NW 3rd Street e Veterans Ad inistr-ation - Bospital 1201 Nib 16th Street 90iRtE: AD4 19 8'7-1149 011 ON D. TRANSPORTATION 1. Existing Traffic The project traffic impact area consists of tvo components (Figure 6). The first component is the Dovntovn Miami DRI study area vhich is defined as NE/NV 17th Street on the north, SE/SV 15th Road on the south, Biscayne Bay on the east, and Metrorail, I-95, and FEC railroad on the vest. The Port of Miami is also included for traffic analysis purposes because all Port traffic flovs through the Dovntovn street system. The second component of the project traffic impact area is the major arterial and expressway systems serving Dovntovn. These regionally significant roadvays include Port Boulevard, Brickell Avenue/Bayshore Drive, SW 3rd Avenue/Coral Way, SW 7th and 8th Streets, Vest Flagler Street, Biscayne Boulevard and MacArthur Causevay for a distance of three miles outside the study area boundary and Interstate 95, SR 836 and US 1 for a distance of five miles outside the study area boundary. Based on these criteria, the traffic impact area is generally defined as North 79th Street on the north, LeJeune Road (West 42nd Avenue) on the vest and south, and Alton Road on the east. Of the roadvay segments studied six currently operate at LOS "E" or belov. Levels of service on these roads are shovn in 20 87-1149 i i .rtr- SOUTH FLORIDA REGIONAL COUNCIL oX f TRAFFIC IMPACT AREA * * * • Traffic Yepact Area ommoo"o Roadwat, lints Ineiuded In 1 he Anah sis EDDowntown DRI Stud) Area FIGURE 6 NOT TO SCALE 87-1149 { i :r r f y '7tc C r Table 10. Forty-two critical intersections are also Identified for analysis. Based on the volume to capacity (v/c) ratio analysis procedures used in this study, almost all the roadway segments within the Downtown Miami DRI study area exhibit good operating conditions. However, it is important to notice that these operating conditions are measured over a one hour period. This type of analysis is therefore not sensitive to peak 15 and 30 minutes surges which occur on the Downtown streets. TAME 10 F Q7[S= 7PAFM OMMM S - SS 2M OPMA= AT OR BELOW LOS "B" - F�esic-hour PANIMY From 7b Time Drirectim S BiscW* Blvd. NB 62nd St. NB 36th St. PH North F -- ,v Bisca�= Blvd. NE 36th St. I-3% E" North B Coral gay Brickell Ave. SW 15th Rd. PM vest B t8 1 I-95 SW 17th Ave. PM South F US 1 SW 17th Ave. DmK3ag Rd. PM South F — NB 2nd Ave. I-395 Flagler St. AH South F SOURM AD& i k - 22 I 13 7-:U49 J 2. Future Background Traffic Impacts a. Committed Transportation Improvements Committed transportation improvements, for the purpose of this study, are defined as 1) those having construction funds allocated for the current year in the Capital or Transportation Improvement Program, 2) projects which are currently underway, and 3) those required by a development order. For Increment I development, only those committed transportation improvements are included for the purposes of analysis (Table 11). b. Permitted Developments Permitted developments include three types of development. The first type include projects which are complete and less than 90 percent occupied. The second • type include projects which are under construction, and the third type include projects which have received prior approvals. In addition to the Downtown.study area, the Port of Miami and Southeast Overtown/Park Vest have been included because all traffic from these developments have to travel on the Downtown Street system being analyzed. 23 87-1149 -_ a f i 1 §j i=- TABLE 11 amcm v*am TtN DavVl3 m Construction Can wxtion to ation ITMwmts Cost* Yaer SW 8th St. Reamstnction S 3,300,000 U*s w I-95 to US 1 I-95 Dmmtoun Distributor Add NB ]one 2,7979000 U*r-w to I-395/St 836 Videti entram rap North 2nd St. Reooretructian 19775,000 86/87 North 3rd St. a North 4th St. Biscayne Blvd. to NW 1st Ave. Port Bridge, US 1 New 6-lane 27,491,000 mm to Dodge Island bridge St 9721SW 13th St. Dndnoge 228,000 mm SW 1st Ave. to SW 2nd Ave. SR 112 Road construction 39390,000 86/87 NW 22nd Ave. to NW 12th Ave. I-95 Southbourd front- 830900D 86/87 NW 54th St. to age road NW 62nd St. I-95 Road ramstruc- 7,598,000 86/87 NW 39th St. to tiara, I-95 wv NW 58th St. Qnmtor I-95 Aveue HN Bridge 24,450,000 86/87 SR 112 to NW 49th St. I-95 Vides to 599900D am SW 25th Rd. 2-lane cap NW 14th St. 4-Lm 6BD900D 8687 NW loth Ave. to I-95 24 87-1149 i h t t wu 11 (Cmtimw) SW 17th Ave. 4-]arse 3o6009Opp US 1 to F7a91er St. Metro:ail Parking 2950 spaces 20,6629000 Metrobus 50 buses 7,875,000 Brickell Ave./ Turn lane 6 959000 SS 10th St. Signalimion Bricke3l Ave./ S4Mal uticn 709000 SE 12th St. BrldmU Ave. / s4F alintian 90,000 SE 14th St. Modify Intersec- ticn SW 13th St./ Signallution 70,000 SW 15th Rd./ Striping SV 3rd Ave. * 1986 dollars SOURCE: ADA, SEM 25 r004IN 86/87 8687 86/87 86/87 86/87 86/87 to 8 7-1149 Oi r 3 t i C The projection of traffic volumes associated with Permitted Developments, as well as Additional Approvable Development, is based on the trip generation model equations used by Metro -Dade Transit Agency in its Transportation Plan Update. Other parameters used in the traffic projections, including vehicle occupancy and mode splits by development phase and sub -area, were also provided by Metro -Dade Transit Agency. At the end of Increment I (1992), except for traffic from Additional Approvable Development, future traffic includes existing traffic, traffic generated by Permitted • Developments, including the Port of Miami, a background growth factor for roadway links outside the Downtown study area, and traffic generated by planned development in the Southeast Overtown/Park Vest redevelopment area. 3. Level of Service Standards The City of Miami has proposed the designation of the Special Transportation Area bounded by NE/NV 20th Street on the north, NE/SV 7th Avenue on the vest, Rickenbacker Causeway on the south, and Biscayne Bay on the east. This proposal was approved on July 7, 1987 by the Dade County Metropolitan Planning Organization and concurred by the Florida Department 26 8'7-1149 4 '`a i l t i,x AW t 1 104 of Transportation staff and the South Florida Regional planning Council staff. The approved levels of service (LOS) criteria within the Special Transportation Area are peak -hour LOS "D" on the interstate highvay system (I-95 and I-395)9 LOS "E" on the State highway system, and LOS "E" plus 20 percent of roadway links or intersections below LOS "E" for the remaining regionally significant roadways. 4. Constrained Facilities The Florida Transportation plan recognizes that there are physical and financial limitations to the continued expansion of the State Highway System. This is particularly true in a rapidly growing urban area where a "threshold" is reached beyond which expansion is no longer cost-effective. This has led to the definition of these thresholds which will be used to define "constrained facilities." This recognition allows for the redirection of funds from a specific state highway to an alternate facility (usually parallel) or mode, such as transit. Based on the knowledge of the physical, historical, .. and aesthetic constraints within the traffic impact area, certain roadways have been identified as "constrained facilities" (Table 12). Roadway improvements required for constrained facilities will be termed "theoretical improvements." 27 S'7-1149 1 - j Si�J 'gMr' 7x _ TAME 12 DT'MADED R0Atx1AYS Roadway Name State Route Designation Constraint I-95 SR 9A Physical I-395 SR 836 Physical Dolph Expressway SR 836 Physical Biscayne Boulevard SR 5 Physical* Brickell Avenie SR 5 Physical 3 Aesthetic tb 1 SR 5 Physical Plagler Street SR 968 Physical Coral Way SR 972 Physical & Historical SW 7th/8th Street SR 90 Historical 6 Physical * Additional right-of-way is available along Biscayne Boulevard between IE 5th Street and I-395. SOURCE: ADA 28 8'7-1149 , } Ti 4 r 5. Additional Approvable Development Table 13 identifies the proposed development, i.e., Additional Approvable Development for Increment I, by land use for each of the Dovntovn Miami sub -areas. TABLE 13 PROPO® DSVI LWW PROGRAM land Use Phase I Omi: Office 19000,000 sq. ft. Government Office 150,0o0 sq. ft. Retail/Service 50,000 sq. ft. Hotel 0 Rooms Residential 500 chits Gotwestion 250,000 sq. ft. Vhotesalerrndxtrial 1,0009000 sq. ft. (ED: Office 391009000 sq. ft. Goverment Office 1509000 sq. ft. Retail/Service 650,000 sq. ft. Hotel 650 Rooms Residential 19000 hits Convention 250000D sq. ft. Vbtesale/I dustrial 50,000 sq. ft. Institutional 300,000 sq. ft. Attractiors/Rccreation 3,400 Seats Brickell: Office 3,000,000 sq. ft. Retail/Service 350,000 sq. ft. Botel 350 Rooms Residential 2,050 Chits ,Yr'A 5', 6. Additional Improvements Needed to Accommodate Project Traffic Roadways vhich vill be operating belov LOS "D" for interstate systems (I-95 and I-395) and belov LOS "E" for state highvay systems by the end of Increment I (1992) are identified. Since all of these roadvays are constrained facilities, therefore, only theoretical improvements are recommended. In addition to the state highvay system, another 17 directional roadways were analyzed during the PM peak -hour, and 5 during the AM peak -hour. Of these 17 links, 3 are projected to operate below LOS "E" during the PM peak -hour. This represents 18 percent of the links and is belov the established criteria. During the AM peak -hour, one link, or 20 percent of those analyzed, vill operate belov LOS "E". This is also within the allovable criteria. A total of 41 intersections vere analyzed to determine operating conditions at the end of Increment I development. All 41 intersections were subjected to PM peak -hour analysis and 14 vere also analyzed for the AM peak -hour. The results of this analysis are that 9 intersections vill operate at LOS "E" and only one is projected to operate below LOS "E". This one intersection represents only tvo percent of the 41 intersections analyzed and is well belov 20 percent alloved under the LOS standards in a Special Transportation Area. 30 8'7-1149 i WO Each of the 10 intersections projected to operate at or below LOS "E" vere investigated to determine if there vere any geometric or operational improvements vhich vould improve the projected level of service. It vas found that a majority of these intersections are built to the maximum cross-section within existing physical constraint. Table 14 shovs the additional "theoretical improvements," associated construction costs, and the Applicant's fair share assessment. A total of S22,867,320 (1987 dollars) in additional off -site theoretical improvements to resolve project impacts have been recommended, vith the Applicant's fair share being $7,543,419 (1987 dollars). 31 t 87-ii49 `g4¢�K�,^.,��rw+.,:,�ni•.,y'i,i!.lFeai�iy�l i 1 1411 L" iJ%j *..3J:,P :)s see IIJ581WRIllik: i fl, ; rq=Vement Applicant Thmoreticd rqnvvwmts Omrk Fair Sure* 1. SR 836/1-395-o Add am lane in S 1t22D,000 S 281,689 each direction from Biscqm Boulevard to 1-95 2. SR 836/1-395: Add one lane in each 2,8069000 6649704 direction from 1-95 to W 27th Avemie. 3. SR 836/1-395: Add one lane in 1,830,000 409,542 each direction from W 27th Avemie to Lela= Road 4. Biscayne Boulevard: Add are lane 62490DD 2329258 in each direction from M 62nd Street to NE 36th Street 5. Biscayne Boulevard: Add one lane 960t000 358tI09 In each direction from NE 36th Street to 1-395 6. Coral Way: Add one lane in each 200,000 83,594 direction from Brickell Avenue to SW 15th Read 7. Coral Way: Add am lane in each 960,000 318,799 direction from SW 12th Ave to SW 27th Avemie 8. Bridcp-U Ave Add am lane in 960900D 4240845 each direction from SE 7th Street to Rider ftdrar Cn=W 9. US 1: Add tvo lanes in each 869j12D 3149662 direction from 1-95 to SW 17th Ave= 10. tIS 1: Add two hers In each 2v400q00D 8659785 direction from SW 17th Ave to Ib IZI a Road 11. 1-95: Add one Iva in each 3,126,250 19063,876 dircticn from W 79th Strut to SR 112 12. 1-95: Add one lane in each 5946295M 2,1559678 direction from SR SM to SW Sth Street 32 87-1149 41: TABU 14 (Cmtlmnd) 13. 1-95: Add one lane in each direction from SW 8th Sheet to is l 14. M 1st Ave ian-395 (North Ramp): Add one lane to vestbwd ramp and restripe WEAL * 1967 Dollars 33 1937295M 358,998 76,950 10,682 =,8671,32O 37,543,419 PART III - COMMENTS FROM OTHER REVIVING AGENCIES This section contains comments sent to the Council by other agencies revieving the Downtown Miami - Increment I DRI. 34 87—IIL49 moor_-_ L ", � ARI STATE OF FLOgICA DEPARTMENT OF ENVIRONMENTAL REGULATION TWIN TOWERS OWICE BUIL01" 26W SLAIR STONE ROAD TALLAMASSEE. FLORIDA 3IM44M June 19, 1987 S.F.R.P.C. JUN 251987 008 OVER 0 DALE TWANN SECRETARY Mr. B. Jack Osterholt Executive Director S. Florida Regional Planning Council 3440 Hollywood Aoulevard Hollywood, Florida 33021 Dear Mr. Osterholt: Re: Downtown Miami DRI We have reviewed the City of Miami's latest proposal for addressing the air quality issue in the A.D.A. for the Downtown Miami DRI (letter of June 3, 1987, from Sergio Rodriguez to you) and have the following comments and recommendations. Comments �e First, the two December 1986 reports referenced in the above letter do support the hypothesis that carbon monoxide (CO) levels related to emissions from the adjacent intersection/ roadway and to emission density in the immediate area (within 500 meters of the monitor) will decrease at the East Flagler Street monitoring site over the next ten years. However, the reports do not consider future CO levels related to other potential intersection/roadway "hot spots" in the downtown area or to emission density over the larger area encompassing the downtown and nearby fringe area. For these reasons, we believe .that future CO levels in the downtown area are a legitimate concern. Second, we recognize that the draft "Interim Guidelines" for CO modeling are in need of revision, particularly with respect to their applicability to areawide DRI's. Although these revisions are underway, they will not be completed in time to affect our recommendations with respect to the Downtown Miami DRI. Therefore, the recommendations given here should not be considered as "precedent setting." 35 Ptotecdng Florid& and Your Quality of Life 8'7-I.149 f p:i` A Mr. B. Jack Osterholt Page Two June 19, 1987 Recommendations Provided the Dade County Department of Environmental Resources Management (DERM) agrees, we support the City's proposal to fund three new CO monitors to be located at sites selected by DER and DERM with the assistance of the City's consultants. We recommend that the City make the funds available to DERM as soon as possible after approval of the development order (e.g., within three months) to expedite the purchase of equipment and startup of the monitoring sites. In addition, we recommend that the development order contain a provision allowing for the air quality issue to be revisited no later than six months after completion of two winters of CO monitoring. At that time, we recommend that the CO monitoring data be reviewed in conjunction with modeling results for the most critYcal intersections and roadways in the area as determined by DER and DERM in consultation with the City. The critical intersections and roadways would be selected from those projected to operate at level -of -service E or F and would include, as a minimum, any intersections or roadways for which monitoring data are available. New traffic data would not necessarily be required but should be used if available, particularly if major deviations from the data given in the original A.D.A. are expected. The purpose of the revisit would be as follows: 1. Ta determine, based on the CO monitoring data and on projected changes in areawide emissions density, what, if any , mitigation measures are needed to prevent CO violations due to areawide growth. 2. To determine, based on the modeling results in conjunction with the monitoring data, what, if any, mitigation measures are needed to prevent CO violations due to traffic congestion at critical intersections and roadways. (The monitoring data would be used to assess the reasonableness of the modeling results --not to "calibrate" the model.) 3. To determine what, if any, changes are needed in the monitoring network, including an assessment of the need to continue monitoring. 36 N7-1149 Mr. B. Jack Osterholt Page Three June 19, 1987 If mitigation measures are determined to be necessary, the City should be under commitment to implement them through the original development order. If you have any questions on these recommendations, please feel free to call me at SUNCOM 278-1344. Sincerely, C. H. Fancy, P.E. 111 Deputy Chief _ Bureau of Air Quality Management CHF/LG/s cc: D. Barker L.,George B.'Offord P. Wong 37 87--IL1.49 - e now n i Oft STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION T"N TOWERS OFFICE "' O"o 2= 9LAlq STONE ROAD TALLAHASSEE, FLORDA 323M400 August 28, 1987 Mr. Patrick Kellogg, Regional Planner S. Florida Regional Planning Council 3440 Hollywood Boulevard, suite 140 Hollywood, Florida 33021 Dear Mr. Kellogg: S.F. R. P. C • AUG 31 1987 Re: Downtown Miami Areawide DRI - Air Quality BO GOVERNOR DALE SECRETARYSE Thank you for your letter of August 18, 1987, enclosing the City of Miami's latest proposal for addressing air quality. As you point out, there is no mention of future air quality modeling. Our recommendation remains as stated in my June 19, 1987, letter to Jack Osterholt: that the development order require the air quality issue to be revisited no later than six months after ccMpletion of two winters of CO monitoring. At that time, we recommend that the CO monitoring data be reviewed in conjunction with modeling results for the most critical roadways and intersections in the area. Further details regarding this recommendation may be found in the June 19 letter. On a related matter, Bruce Offord has relayed to Joyce Meyers, through Tim Murphy, a request that the city provide us with the data (traffic counts, road geometries, signal cycles, etc.) needed to identify candidate roadways and intersections for monitoring. If these data could be obtained prior to issuance of the development order, we could perform a rough modeling analysis ourselves to allow you to specify the preferred CO monitoring locations within the order. We believe this would expedite the start-up of the monitoring program. Therefore, we would appreciate any assistance you can give us regarding this request. Sincerely, &tA C. H. F cy, P.E. Deputy Chief Bureau of Air Quality Management CHF/LG/s cc: B. Offord L. George D. Barker P. Wong Protecting Florida and Your Quality of Life 3e S 7-1149 :'it f a 7 � t _. _ r METROPOLITAN DADE COUNTY, FLORIDA J METRO•DAOE CENTER ENviRoNMENTAL RESOURCES MANSAG EMENT 111 N w 1ft STREET MIAMI, FLORIDA 33128.1971 005I 375.3379 August 21, 1987 S.F.R.P.C. Mr. Patrick Kellogg AUG 251987 South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 RE: Downtown Miami Areawide DRI - Air Quality Dear Mr. Kellogg: Please be advised that this Department concurs with the recommendations made by the Florida Department of Environmental Regulation (DER) as indicated in their letter of June 19 to Mr. Jack Osterholt of your office. The development order for the Downtown Miami Areawide DRI should contain provisions that air quality modelling be required if this Department or DER deem it necessary after completion of a two-year carbon monoxide (CO) monitoring program funded by the City of Miami. Provisions for future modelling is necessary since the creation of additional canyon sites in the downtown area poses a definite risk for potential exceedances of the CO ambient air quality standards. CO concentrations in this area remain a concern for this Department, especially in consideration of the recent exceedance recorded on July 17, 1987 in downtown Miami. Be -further advised that should the City of Miami opt to do areawide modelling, provided that appropriate data is available on traffic and development in the downtown area, this Department would not require case by case air quality impact assessments in the future. If you have any questions please call Robert Wong or myself at 838-0601. Sincerely, f H. Patrick Wong, Chle Air Section Environmental Monitoring Division RW/aas cc: Clair Fancy, F-DER Tallahassee Bruce Offord, F-DER West Palm Beach 39 8'7-1149 - ji G ` 4 A 104 SERGIO RODRIGUEZ Director July 21, 1987 IfTifu af Unnit Mr. Jack Osterholt Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard Hollywood, FL 33021 .(.ee fern O \O • w �0 o •F,Ri�� JUL 24 1987 CESAR H. ODIO City Manager RE: Downtown Miami/DRI Dear Mr. Osterholt: Attached *for your information is a copy of a resolution, adopted by the Dade County MP09 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, Joyce A. Meyers Project Manager Downtown Master Plan/DRI JAM/vh cc: Sergio Rodriguez, Director/Planning Department Peter Andolina/Downtown Development Authority — Robert Sechen Joel Maxwell Kahart Pinder vh/87/081 I PLANNING DEPARTMENTIM N.W. 2nd Stirm/Miami. Florida 3I12s/IPA) pV.M - Madml Address • I.0.I10u J)f1 W / MiUM. FWWa ))Uj.W 1 _ ao 87-1149 { METROPOLITAN DADE COUNTY, FLORIDA DADS �Mro, �,� METRO °1' ; I f 1 1► ".:' METQO-DADS CENTER OFFICE OF COUNTY MANAGER -"� SUITE 2910 111 N W. lot STREET MIAMI. FLORIDA 7312E-1EN M) 3754311 July 14, 1987 `— ' W. Sergio Rodriguez City of Miami Phasing Departmesst 275 N.W. 2nd Street _ Miami. Florida 33128 Dee? Mr. iguez: The purpose of this letter is to formally submit to the City of Miami Resolution No. MPO 15-87 approving Miami MPO concurrence with the designation of Downtown Miami as a "Special 7yansportation Area, including go:u�aronce with the levels of highway service wA area bcaasdaries recby the City of Miami. lice Metropolitan Playing Organisation Board unanim ply passed this at its meting of July 7, 1987. _ Should you have any questions concerning this, please contact the MPO Secretariat's office at 375-4507. JiM/YPS/jm 41 MM:7/14/87: jm 8 7-1149 t ;.,3 RCN NO. MPO 25-87 WHEREAS, the Interlocal Agreement cresting and establishing the Metropolitan Planning Or, for the Mind Urbanized Area requires that the Metropolitan Plaratirg Org anization Governing Board provide a structure to evaluate the adequacy of the tr=Mwtation pleasing and programing process, and take action to ensure that legal and procedural requirements are mete as more fully described In the Prospectus for Transportation Improvamnts for the Mimi Urbanized Area (Second Edi- tion), and WHEREAS. the City of Mimi has requested MPO concurrence with the Special Area designation action as reflected in the attached c�gspon�ce from the Downtown Developcont of Regional Impact Project WHEREAS, a sWx=udttee of the Transportation Plan Tedtlieal Advisory Cmzdttee (7 O has been discvutsing the various issues involved in the special designation action. and .- WHEREAS. staff of the various entities involved have participated In reviews concerning the proposed designation and all concur with the recaomer:dation on levels of highway service for the area and area baandaries as detailed in the attached letter from the MI Project tea' • WHEREAS, the lYansportation Planning Camcil wishes to Ao on record stating concerns regarding the potential air quality impacts of the levels of highway service proposed for adoption in the downtown Developmant of Regional Impact (DRI) and wishes that these concerns are adegdsaCID addressed in the MI process. 14W9 MMMME, BE IT FMMVID BY MM WVMMIG HOARD OF 7HE trE'lltOE�.ITAN MAINIM CPZMn7AnCN RR VE MUM URBANi2£D AREA: Section 1. Mat the MPG! Board approves concurrence with the designation of Downtown M mmi as a "Special lYansportation Area' to include the area b=wd1sries r by the City of Mimed. Section 2. lhat this concurrence includes a dm sament of the highfway levels of service recommended by the City of Miami provided that the final and approved MI document includes appropriate and timely air quality impacts mitigation measures. Section 3. 7hat not withstanding the stated ceneu 7mn with the proposed levels of highway service, which include naval of service D on R RF.M:74: jm 42 137-I149 r �.�._ -. .tom,__ ... � ....__... ......_ the Interstate Hi ftmy Systw, every effort should be made to strive for level of service C on the interstate higilmy sepmts Affected by this Me The foregoing resolution vas offered by C =issimw Clara Oesterle who mmvd its adoption. The nation was seconded by Cemissiaw Beverly Phillips and upon being put to a vote. the vote was as follows: Commissioner Barbara M. Carey - present Cm=4 sioner Clara Oesterle - present Caeadssioner Beverly Phillips - present Commissioner James Redford - present Cadssioner Harvey Ravin - present Ca ndssimm Barry D. Scimeiber - absent Coamdssioner Jorge E. Valdes - present ftmissioner Shermm Wim - present Mayor Stephen P. Clark - present 7h* Chairem thereupon declared the resolution duly passed and adopted this 7th day of July 1987. IMliO MIW FLAMM ORGjMUMV FOR ME MLAM 1WKI AREA By fl G` Jose- esa MPO Secr9tariat Rf.4�O:74: jm 8 7-1149 jy9 pal t PART IV - SUMMARY AND RECOMMENDATIONS Summary The Development of Regional Impact assessment for Dovntovn !Miami - Increment I indicates that the project vould have the following positive regional impacts: e Up to 89873 permanent nev jobs vould be directly generated by the project. Nearly 34,276 additional full-time jobs could be indirectly generated in the three South Florida counties, vith a $360 million increase in total vages and $698.8 million in value added to the regional economy. • e A net positive fiscal impact of nearly $26 million would be created by the project. Council evaluation indicates that the proposed development should not 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 2.14 million gallons _ per day. • Potentially increase the amount and number of hazardous materials used on -site and the hazardous vastes (a vaste that is ignitable, 44 .� 13 7-1.149 "- 1y y 11 corrosive, reactive, or toxic) generated, thereby possibly posing a threat to the Regionts sole -source drinking water supply. • The project's proposed stormwater management system will increase the quantity of pollutants entering the Biscayne Aquifer. • Generate an average of 120 tons, or 650 cubic yards of solid waste per day. • Generate an average of 1.74 million gallons of wastewater per day. • Place additional unfunded demands upon police, emergency rescue, and fire services, although the public agencies responsible for providing these services have indicated that they will serve the project. • Generate over 6,169 PM peak -hour vehicle trips on the regional roadway network and, along with other development traffic, reduce levels of service below "D" on many segments of the regional roadway network, which, without corrective action, would produce a significant adverse regional impact. Recommendations Based on consideration of the above specified positive and negative ispacts, it is the recommendation of the Council to the Miami City Commission that the Application for Development Approval for Downtown 45 s 7-1149 40 Miami - Increment I be APPROVED subject to incorporation of the folloving conditions into the Development Order to increase the probability of realising positive regional impacts and to mitigate, reduce, or eliminate adverse regional impacts. THE CITY SHALL: 1• For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the folloving requirements: a. Provide CO monitoring data for each of the three (3) sub -areas: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) veeks of data collection during the vinter months, November 15 through March 15, for each sub -area. c• The monitoring for each sub -area shall be completed prior to • the issuance of any certificate of occupancy vithin that sub -area for the first development under this Development Order vhich meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 21F, F.A.C., vithin that sub -area, or by March 15, 1991, vhichever is sooner. 46 8 ■ -114.7 d. The monitor vill be located at the vorst case intersection for Brickell and Omni sub -areas. The location vill be selected jointly by the City, Florida Department of Environmental Regulation (FDER), Dade County Environmental Resources Management (DERM), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District vill be acceptable for that sub -area. e. Perform the monitoring as required by la. and lb. above as prescribed by the policies and regulations governing DERV and submit final air quality monitoring reports to FDER, DIRM, and Council staff within 60 days of the completion of the monitoring. 2. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed vithin one year after the base -line data monitoring has been completed pursuant to Condition 1 above. The air quality modeling shall follov FDER guidelines and shall: a. Be lioited.to no more than ten (10) intersections to be selected from among the intersections projected in the ADA to operate at level of service "E" or "F". The intersections 47 8'7-1149 shall be selected jointly by FDER, DERM, Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and reviev, and to Council staff and the City for reviev and approval. c. The report submitted pursuant to 2b. above is to include proposed changes to any air quality monitoring as justified by the air quality modeling analysis. �. If the results of the air quality modeling study, as described in Condition 2 above, are 85 percent or more of the State standards for CO concentrations, an air quality monitoring and abatement program vill be implemented by the City folloving the approval of the report pursuant to Condition 2b. above. The monitoring and abatement program, including a timeframe for implementation, must be approved by Council staff and the City subsequent to reviev and comment by the FDER and DEN. The program may include, but is not United to, the folloving techniques: a. Traurncrtation Control Measures (TCM). a_ b. Physical planning measures (e.g., signalisation, parking area locations, addition of turn lanes, etc.). c. The continuance of monitoring for specified sub -areas.('-= T r. 48 8'7-1149 i i - f it 1' Y . „? ;,, .e 4. If the results of the air quality modeling study, as described in Condition 2 above, exceeds State standards for CO concentrations, do one of the following: a. Withhold the issuance of any building permits for nev construction vithin the sub -area that shovs CO exceedences. b. Provide acceptable documentation vhich clearly indicates that CO exceedences vill not occur, or that a particular developwMt seeking approval does not contribute CO additions, or that any potential CO additions have been mitigated (according to Council staff and the City subsequent to reviev and comment by FDER and DERM) prior to the issuance of building permits for the particular development. Such documentation may include a modeling study vhich incorporates measures such as those contained in Condition 3a., b., and c., above. This documentaton must be approved by Council staff and the City subsequent to reviev and comment by FDER and DMM. 5. Within sixty days folloving the notice of Dade County that improvement to either SW 2nd Avenue Bridge and approaches or the Brickell Avenue Bridge and approaches has been let to contract for construction, pay or contract to pay $7,543,419 (fair share in 1987 49 { P -1149 r 7 I f„ S r-,A t .;j �'r r t 54 f f f dollars) to Dade County to be used tovard improvement. In the event the City contracts to pay the fair share, such contract shall in no vay affect the construction schedule of the bridge. If improvement to neither SV 2nd Avenue Bridge and approaches nor the Brickell Avenue Bridge and approaches has been let to contract for contribution before the earlier date of as or b. specified belovs as four years after the effective date of the Development Order, or b. the date of issuance of certificates of occupancy for more than 80 percent of the Increment I development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) vill jointly decide the reallocation of $79543,419 (fair share in 1987 dollars) vithin 90 days of the earlier date of either a. or b. specified above. 6. Hake efforts to vork closely vith applicable governmental agencies to ensure that the Metromover Stage II improvements identified in Exhibit 1 herein be completed by June 309 1992, as identified in the current Metropolitan Planning Organisation's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 19929 the Metromover Stage II improvements Identified in Exhibit 1 herein have not been substantially under 4 50 87-1,149 i .r. ti ' construction as determined by Council staff$ then this situation vill, be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of proposed development to the existing transportation netvork. In this event, the Applicant shall be required to undergo additional Development of Regional Impact reviev for transportation impacts pursuant to s. 380.06(19)(a)(g) and (h). P.S. (1986). Such additional Development of Regional Impact reviev, if requiredg shall be initiated by the Applicant vithin 90 days of the identification of its need. 7. Vithin 6 months of the effective date of the Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measures (TCM) Ordinance. The City vill vork closely with Council staff in developing this ordinance. The TCM Ordinance must " be approved by Council staff and. the City subsequent to reviev and ` comment by DCA and FDOT. The TCM Ordinance may include but not be limited to the folloving: I. •Ridersharing related S A. Participate in a locally sponsored ride -matching service B. Conduct in-house ridershare matching C. Provide preferential parking for high occupancy vehicles (BOV's) r 51 s 7-11.49 D. Reduce parking cost for 80V's E. Operate vanpool or buspool service = P. !Monitor employee travel modes. II. Public transit related A. Employer -subsidized transit passes B. Elimination of parking costs subsidies C. Developer shuttle services: implementation or expansion D. Developer transit amenities - E. Enhanced bus service P. Park and Ride parking facilities. III. Traffic flow related A. Peak hour restriction of on -street parking B. Peak hour restriction of on -street loading zones C. Reduced bus route circulation through downtown streets/increased bus interface with Metrorail/Metromover stations or consolidated bus terminals D. Strict enforcement of traffic laws by Miami Police _ — Department. 52 S'7-1149 { MW IV. Parking Related A. Shuttle service to off -site parking locations B. Shared use parking --share parking spaces vith another use vith non -overlapping peak parking demand. C. Limitation on on -site parking. V. Other TCM actions A. Commuter bicycle and pedestrian facilitiest shovers and lockers B. Employment or designation of an employee transportation coordinator (ETC) C. Implementation of flex -time or other vork schedule conducive to ridersharing and transit use D. Enhanced enforcement of Dade County anti -tampering and fuel snitching ordinance F. Mandatory emissions control device inspection program. 8. In the event that a Transportation Control Measures Ordinance pursuant to Condition 7 above is not adopted by the Miami City Commission vithin 18 months of the effective date of this Development Order, then this situation vill be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of proposed development to the existing transportation netvork. In this event, the Applicant shall be required to undergo additional Development of Regional Impact reviev for transportation impacts pursuant to s. 380.06 (19)(a)(g) 53 8'7-1149 01 C 004 and (h), F.S.(1986). Such additional Development of Regional Impact reviev, if required, shall be initiated by the Applicant vithin 90 days of the identification of its need. 9. 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 the Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information vas prepared subsequent to submittal of the ADA but prior to issuance of the D0, 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 vas revised, and "Date" stating the date of the revision. 10. Prepare an annual report in accordance vith the requirements specified in Condition 19 herein and submit copies to the Council, Dade County, and the Florida Department of Community Affairs on or 54 87-1149 ., t 3 before each anniversary date of the Development Order. The annual report for the Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami - Master Development Order so that a single annual report is compiled for the entire project. 11. Vithhold the issuance of any building permits if the City has been determined to be in non-compliance with Condition 5 herein. 12. Establish December 31, 1992 as the date until vhi'ch the City agrees that the Downtown Miami - Increment I Development of Regional Impact shall not be subject to dovn-zoning,'unit density reduction, gr 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 was based on substantially inaccurate information, or that the change is clearly essential to the public health, safety, or welfare. 13. Establish compliance dates, including a deadline for commencing physical development and for compliance vith conditions of approval or phasing requirements, and include a termination date that reasonably reflects the time required to complete the development. For the purposes of this paragraph, the deadline for commencing development shall be one (1) year from the effective date of the 55 9'7-1149 Development Order. The termination date for completing development shall be December 319 1992 provided that the City complies with Condition 22 herein. The termination date may only be modified in accordance with s. 380.06(19)(c), Florida Statutes, 1985. 14. Identify in the DRI Development Order any approved development, Including the acreage attributable to each approved land use, open space, areas for preservation, and green belts; and the structures and/or improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and othgr major characteristics or components of the development. 15. 1�stablish the effective date of the Development Order as 45 days from transmittal of the Downtown Miami - Increment I Development Order to the Florida Department of Community Affairs and Council; 9' provided, however, that if the Development Order (DO) is appealed, the effective date of the DO will not start until the day after all appeals have been withdrawn or resolved pursuant to s. 380.07(2), Florida Statutes. 16. Meet the following State criteria for issuance of a DRI Development Order: 8'7-1149 C- _ K {i C. .. j 1 /--N ew*A 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: - 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 lav addressing vhether and the extent to vhich: • The development unreasonably interferes vith the achievement of the objectives of an adopted state land development plan applicable to the area; and • The development is consistent vith the local land development regulations and the adopted local comprehensive u plan; • The development vill be consistent with the recommendations i of the Council DRI Assessment pursuant to s. 380.06(12)0 Florida Statutes; and 57 8'7-1149 is a i • 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. 17. 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 vhich 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 58 1 8 7-1149 w f purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts to cure the violation within that period will obviate the need to hold a public hearing and the 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 s 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 proposed development identified on the Downtown Miami - Increment I Master Development Plan (Exhibit 2). 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. 18. 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. i ,l 59 87-1149 f - :n .F i� t t- 1, 1A } rpj�yST�'oil ' r., 19. 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 3. 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. • t 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. 60 --1149 i t g. Specification of any amended DRI Application for Development Approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year. 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 which have been obtained or which 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 4 annual report in conformance with s. 380.06(14) and (16), , Florida Statutes. e k. A copy of any recorded notice of the adoption of the Development Order of any subsequent modification that was recorded by the Applicant pursuant to s. 380.06(15)9 Florida Statutes. 1. Copies of one of the following documentations of appropriate disposal of all hazardous waste: — 61 8'7--1149 t 4� t E t � Wr 1 i d K e 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). The annual report for the Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami - Master Development Order so that a single annual report is compiled for the entire project. r: 20. Incorporate the Consolidated Application for Development Approval, as revised pursuant to Condition 9, by reference into the - Development Order for Downtown Miami - Increment I. as follows:: ( "The Consolidated Application for Development Approval is {.a incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes, and local ordinances. Substantial 0 I compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council and the City." 21. Incorporate the Council DRI Assessment by reference into the Development Order. 22. Require, within 30 days of the effective date of the Development Order, recordation of the Downtown Miami • Increment I Development — Order with the Clerk, Dade County Circuit Court, pursuant to s. 380.06(15), Florida Statutes (1986), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 23. Attach copies of all exhibits referenced in the DRI Development Order. 24. For the purposes of these recommendations, a building permit can be defined as a permit for any construction which will result in a net increase in development. This definition excludes renovation construction activity and reconstruction activity to replace existing development. - 25. It is recommended that, pursuant to s. 380.06(16), 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 63"- 8'7-ILIL49 r - f i compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council and the City." 21. Incorporate the Council DRI Assessment by reference into the Development Order. 22. Require, within 30 days of the effective date of the Development Order, recordation of the Downtown Miami - Increment I Development Order with the Clerk, Dade County Circuit Court, pursuant to S. 380.06(15), Florida Statutes (1986), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 23. Attach copies of all exhibits referenced in the DRI Development Order. 24. For the purposes of these recommendations, a building permit can be defined as a permit for any construction which will result in a net increase in development. This definition excludes renovation construction activity and reconstruction activity to replace existing development. 25. It is recommended that, pursuant to s. 380.06(16)0 P.S. (1986)9 the City receive a credit for any fees for services and improvements paid under this Development Order by the Applicant and/or the City 63 q 87-1149 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. 64 j METROMOVER EXHIBIT =- SOUTH Stage II Improvements FLORDA REGONAL. • MUROMOVER EXTENSION PLAN *:IE NOT TO - COUNC� Source: AOA SCALE t- _ fi5 8'7-1149 f - 1 -Itttlitl ow— rr �a-rrs.�it . 1 .1\\,14, !§. �IJMZ MO. ..I�IAC,1R1Hl1fi N%% 11 Sr • - s ,. i�.............. NN 6 St NN' S STI XCEc Sw 1 sT SIA 3 Si. .. �=- SV1 i S1ae� a n ... SN S St Wr 6 ST 5%% 7 S; SM 8 ST•---�_ a SN 9 SP= — t _ 1 i0b 110D SOUTH FLORIDA REGIONAL PLANNING COUNCIL MASTER DEVELOPMENT PLAN Central Commercial High Intensity rr Government Office Institutional General Commercial Moderate Intensity Special Mixed Use Liberal Commercial Wholesale Industrial tvvw � Parks � 6 S7-1149 EXHIBIT 2 0 NOT TO SCALE STATE OF FLORIDA BLW'1-07-85 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 380.0606110 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 recuirement ao »lies to all developments of regional impact which have been aporoved 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 covernment official stated in the development order with (1) co.y to each of the following:' a) The regional planning agency of jurisdiction; c) All affected permitting agencies; c) Devision of Resource Planning and Vanagement Bureau of Land and Water Managemenr 2571 Executive Center Circle, East Tallahassee, Florida 32301 Please fcrmat your Annual Status Report after the 4crTat example provided telow. ANNUAL STATUS REPORT Reporting Period: to Montn Day Year Month/Day/Year Development: Name of Oki Location: , City County Developer: Name: Company Name Address: Street Location City, STaTe, Zip Coca 67 { T.� K 4, M 1 1 I Pppo, ! SLWM-07-, -1` 1 " Page Two 1) Describe any changes made in the or000sed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Development of - Regional Impact received approval. Please note any actions (substantial determinations) taken by local government to address these changes. Note: if a response is to be more than one sentence, attach as Exhibit 'A' a detailed description of each change and copies of the modified site plan drawings. Exhibit 'A' should also address the following additional items if applicable. a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or reouests 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 -Iny 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 a�opted by the annexing local government. 3) Provide cozies of any revised raster plans, incremental site plans, etc., not previously submitted. �. Note: if a response is to be more than one or two sentences, attach as Exhibit 4) Provide a summary comparison of development activity proposed and actually conducted for the reporting year. _ Example: Number of dwelling units constructed, site improve- ments, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit 'C'. 5) Have any undeveloped tracts of land in the development (other than individual sinale-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. Tract _Wyer 68 87-1149 IC 1 Ob - 1 �9 - OLWM-07-85 � page Three Note: If a response is to be more than one sentence, attach as Exhibit 6) Describe any lands purchased or optioned adjacent to the _ original Development of Regional Impact site subsecuent 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 speci4'=ally required by the Development Order to be included in the annual report. 10) Provide a state-ent certifying that all persons have been sent copies cf the annual re:crt in confcr-Bnce with Subsections 380.06(14) and (16), F.S. Person coToletinc the questionnaire: Title: Representing: { F 69 8 7-114s 'a 77