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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00558
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT
("DDRI") MASTER AND INCREMENT I! DEVELOPMENT ORDERS
(RESOLUTIONS 87-1148 AND 02-1307, ADOPTED DECEMBER 12, 2002, AS
AMENDED) TO EXPAND THE BOUNDARIES OF THE DDRI TO BE CONSISTENT
WITH THE AREA- OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE
DOWNTOWN DEVELOPMENT AUTHORITY AND TO ADD EIGHT (8) WET -SLIPS
TO THE MARINA LAND USE CATEGORY OF THE DDRI, AND FINDING THAT
THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION
PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND ALSO FINDING THAT
THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO A NOTIFICATION OF PROPOSED
CHANGE ("NOPC") TO A PREVIOUSLY APPROVED DRI PROPOSED BY THE
DOWNTOWN DEVELOPMENT AUTHORITY, APPROVING SAID NOPC AFTER
CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND CITY OF MIAMI PLANNING
ADVISORY BOARD, BOTH INCORPORATED HEREIN BY REFERENCE,
SUBJECT TO THE CONDITIONS OF THE INCREMENT 11 DEVELOPMENT
ORDER, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING THAT THE DDRI BOUNDARIES BE EXPANDED AND THE LAND
USES PROVIDED FOR BY THE DDRI DEVELOPMENT PROGRAM BE
REDISTRIBUTED TO ALLOW FOR THE PROPOSED DEVELOPMENT; WHICH
ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; DIRECTING TRANSMITTALS; AND DIRECTING THE CITY MANAGER
TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS
UNDER THE MODIFIED INCREMENT II DEVELOPMENT ORDER.
WHEREAS, on December 10, 1987, the City of Miami Commission approved a Master and
increment Development Order for a portion of the area of Downtown Miami under the jurisdiction of
the Downtown Development Authority ("DDA") of the City of Miami (the "Applicant"); and
WHEREAS, the DDA's boundaries were expanded to include the Northwest Quadrant of Watson
Island pursuant to Ordinance No. 12307 adopted and passed by the City of Miami Commission on
December 12, 2002.
WHEREAS, on December 12, 2002, the City of Miami Commission approved an amendment to the
Master Development Order and issued the Increment II ❑evelopment Order, pursuant to Resolution
02-1307, for ongoing development, through the Year 2014, of a portion of the area the DDA
jurisdiction; and
WHEREAS, the City of Miami may permit simultaneous increases and decreases in the land use
categories of the Master Development Program Table without the need for filing a Notice of Proposed
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File Number: 04-00558
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 DRI as originally approved and as measured by
total peak hour vehicle trips;' and
WHEREAS, the DDA has submitted the NOPC to the South Florida Regional Planning Council, the
Florida Department of Community Affairs, and the City of Miami, pursuant to F.S. 380.06(2003); and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 5, 2004, following an
advertised public hearing, adopted Resolution No. 51-04 by a vote of six to zero (6-0)
RECOMMENDING APPROVAL of the changes to the Master Development Order and Increment II as
requested in the NOPC as attached hereto; and
WHEREAS, on June 24, 2004, the City Commission conducted a public hearing pursuant to F.S.
380.06(2003); and
WHEREAS, the City Commission considered the NOPC, the report and recommendations of the
South Florida regional Planning Council, and each element required to be considered by F.S.
380.06(2003); and
WHEREAS, the City Commission determined that all requirements of notice and other legal
requirements for the modification of the DDRI boundaries and the redistribution of development credits
of the Master Development Program Table has met compliance; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
of the City of Miami to find that the expansion of the DDRI boundaries to coincide with the DDA
boundaries and the request for the redistribution of development credits of the Master Development
Program Table to not constitute a substantial deviation to the DDRI pursuant to F.S. 380.06(2003);
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 II 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
within the City of Miami under the jurisdiction of the Downtown Development Authority, as more
particularly described in "Exhibit B_"
Section 2. The Increment II Development Order for Downtown Miami ("Exhibit A"), is granted and
issued.
Section 3. The City Manager is 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 II 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, 200 South Biscayne Boulevard, Suite 229,
Miami, Florida 33131.
Section 4. The City Manage is directed to take all actions necessary to fulfill the City's obligations
under the terms of the Increment 1l Development Order for Downtown Miami ("Exhibit A").
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File Number: 04-00558
Section 5. In the event that any portion or section of this Resolution or the Increment II
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 II Development Order for Downtown Miami
("Exhibit A"), which shall remain in full force and effect.
Section 6_ This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED ' •' �.�' ARM AND CORRECTNESS:
AL IRO VILARELLO
CIT ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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