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EXHIBIT "A"
DEVELOPMENT ORDER AMENDING INCREMENT II
OF THE DOWNTOWN MIAMI DEVELOPMENT OF' REGIONAL IMPACT
NAME OF DEVELOPMENT: Downtown Miami
NAME OF DEVELOPER: Downtown Development Authority of the City of Miami
AUTHORIZED AGENT OF DEVELOPER: Dana Nottingham, Executive Director, Downtown
Development Authority and Lourdes Slazyk, Assistant Director, City of Miami Planning, Building and
Zoning Department, or their successors.
PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the
Year 2014, including the following land uses and increments:
Land Uses
increment I
Increment II
(approved)
Increment II
(Proposed)
Increment III - Buildout
December 20, 2014
Office (sf)
3,681,890
1,300,000
1,220,000
3,700,000
'Government
300,000
0
0
200,000
Retail (sf)
1,453,500
750,000
747,774
500,000
Hotel (rooms)
4,500
1,500
1,605
1,100
Residential (units)
10,550
7,500
6,750
2,920
Convention
500,000
500,000
300,000
0
Industrial (sf)
1,050,000
750,000
550,000
1,050,000
Institutional (sf)
200,000
450,000
350,000
300,000
Attractions (seats)
30,500
60,000
59,000
5,000
Marine Facilities
100,000 (sf)
0
50 wet -slips*
0
* 42 slips are vested from DRI review pursuant to DCA BLIVR 11003-001.
Pursuant to F.S. 380.06(22) (2002), the Project specifies the total amount of development planned for each
I4use category, but provides flexibility for such development to be located anywhere within the Project Area,
su ject to local land development regulations. The Project Area includes all property within the boundaries of the
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ntown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as
rrk West", as more particularly described in Exhibit "B". The Project Area contains a total of approximately
927.20 acres of land, including approximately 78 acres currently zoned and developed as City parks.
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LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit "B".
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 Notification of
Proposed Change by the DDA on February _4, 2004, pursuant to F.S. 380.06 (2002).
CADA or Consolidated. Application for Development Approval: The revised ADA prepared
--pursuant to paragraph 15 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy
issued, pursuant to Section 106 of the Florida Building Code, for any "Net New Development" as
defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DDA or Downtown Development Authority: The Downtown Development Authority of the City of
Miami, Florida.
DERM: The Metropolitan Dade County Department of Environmental Resources Management.
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 pursuant to Ordinance
9500, the Zoning Ordinance of the City of Miami, as amended.
Net New Development: Any construction or reconstruction which will result in a net increase,
within any "Parcel of Land", of residential dwelling units, hotel rooms, seats in
attractions/recreation facilities or gross square footage for office, government office, retail/service,
convention, 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.
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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.
Proiect: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein.
Project Area: The area included within the legal description in Exhibit B.
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) (2002),
and which shall be measured by the following land uses:
Land Uses
Increment II
Office (sf)
1,220,000
Government (sf)
0
Retail (sf)
747,774
Hotel (rooms)
1,605
Residential (units)
6,750
Convention
300,000
Industrial (sf)
550,000
Institutional (sf)
350,000
Attractions (seats)
59,000
The City may permit simultaneous increases and decreases in the above described land use
categories, without the need of filing for an NOPC (Notice of Proposed Change) provided
that the regional impacts of the land uses as changed will not exceed the adverse regional
impacts of the land uses in Increment II of the Project as originally approved, as measured
by total peak hour vehicle trips.
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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 "B".
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 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) (2002), the CADA seeks to expand the boundaries of the Project and to
redistribute development credits within the Increment II Project Program. Subsequent
incremental applications may need to be adjusted to more nearly serve as a living guide
recognizing the evolution of market demand and technologies.
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410 G. The Project Area contains a total of approximately 927.2 acres, including approximately 78
acres presently zoned and developed as City parks. The CADA proposes Net New
Development within the Project Area for the land uses, quantities and phases defined herein
as Total Allowable Development.
H. The Project is not located in an area of critical state concern as designated pursuant to F.S.
380 (2002).
I. A comprehensive review of the probable impacts that will be generated by Increment I of
the Project was previously conducted by various City departments as part of the Increment
II. A further review of probable impact due to the expansion of the DRI boundaries and
redistribution of development credits within the limits of Increment II was conducted by
David Plummer & Associates and the results submitted with the NOPC in a report titled
"Transportation Assessment: Proposed Boundary Change to the Downtown DRI --
Increment II, which concluded that expanding the DRI boundaries resulted in no significant
change in the traffic impact of Increment II.
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 II," dated July 1, 2002. The South Florida Regional
Planning Council recommends approval of the expansion of the DRI Project boundaries,
and all conditions to which such approval is subject are reflected herein.
K. Increment II of the Project is consistent with the applicable portion of the State land
development plan and the Regional Plan for South Florida.
L. Increment II of the Project is in conformity with the adopted Miami Comprehensive
Neighborhood Plan.
M. Increment II of the Project is in accord with the district zoning classifications of Zoning
Ordinance 9500, as amended.
N. Increment II of the Project will have a favorable impact on the economy of the City.
O. Increment II of the Project will efficiently use public transportation facilities.
P. Increment II of the Project will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment.
Q. Increment II of the Project will efficiently use necessary public facilities.
R. Increment II of the Project will include adequate mitigative measures to assure that it will
not adversely effect the environment and natural resources of the City.
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S. 1111 Flagstone Island Gardens shall pay any additional transportation mitigation cost above the
S2,428,970 (2002 dollars) established in the approved Increment II development order prior
to the issuance of the first building permit.
T. Increment II of the Project will not adversely affect living conditions in the City.
U. Increment II of the Project will not adversely affect public safety.
V. There is a public need for Increment II of the Project.
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CONCLUSIONS OF LAW:
That, having made the findings of fact contained above, the City Commission hereby
concludes as a matter of law, the following:
A. The DDA constitutes a "downtown development authority" as defined in F.S. 380 (1987),
and is authorized by F.S. 380 (2002) to make application for development approval and
receive a development order.
B. Increment II 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. Increment II 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 II 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 (2002).
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ACTION TAKEN:
That, having made the findings of fact and reached the conclusions of law set forth
above, it is ordered that the DRI Project boundaries are hereby expanded and the
development credits with the land use categories of Increment II be redistributed to allow
the proposed development in the expansion area, 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 CONDITIONS SET FORTH IN THE INCREMENT II
DEVELOPMENT ORDER ISSUED PURSUANT TO RESOLUTION 02-1307 ISSUED
ON DECEBMER 12, 2002 AND ATTACHED HERETO AS EXHIBIT "C"
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