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HomeMy WebLinkAboutR-04-0425City of Miami Legislation Resolution: R-04-0425 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00558 Final Action Date: 6/24/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DDRI") MASTER AND INCREMENT II 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 NOPCAFTER 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 II 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 Development 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 City of Miami Page 1 of 3 File Id: 04-00558 (Version: 1) Printed On: 9/16/2016 File Number: 04-00558 Enactment Number: R-04-0425 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. City of Miami Page 2 of 3 File Id: 04-00558 (Version: 1) Printed On: 9/16/2016 File Number: 04-00558 Enactment Number: R-04-0425 Section 4. The City Manage is directed to take all actions necessary to fulfill the City's obligations under the terms of the Increment II Development Order for Downtown Miami ("Exhibit A"). 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} 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. City of Miami Page 3 of 3 File Id: 04-00558 (Version: 1) Printed On: 9/16/2016